Q&As

Would it be normal to have a 'malus and clawback' provision in a save as you earn (SAYE) scheme of a Financial Conduct Authority regulated listed company?

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Published on LexisPSL on 19/10/2016

The following Share Incentives Q&A provides comprehensive and up to date legal information covering:

  • Would it be normal to have a 'malus and clawback' provision in a save as you earn (SAYE) scheme of a Financial Conduct Authority regulated listed company?

Would it be normal to have a 'malus and clawback' provision in a save as you earn (SAYE) scheme of a Financial Conduct Authority regulated listed company?

Corporate governance best practice at present is that 'malus and clawback' are only relevant to awards held by senior management and other executives who are 'material risk takers'. Therefore, malus and clawback provisions tend only to be included in executive or discretionary share incentive plans, and are not usually applied in relation to all-employee arrangements (such as save as you earn (SAYE) schemes).

Looking at SAYE schemes specifically, there is nothing in

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