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ARTICLE · 06 NOVEMBER 2014

By The Book—Setting Executive Compensation Correctly

Overpaying executives is a hot topic this year, as legislators and the public fume over salaries in the financial, automotive and other industries receiving federal bailout dollars.

United StatesCorporate/Commercial Law

Overpaying executives is a hot topic this year, as legislators and the public fume over salaries in the financial, automotive and other industries receiving federal bailout dollars. In the not-for-profit arena, the IRS is also cracking down on salaries it considers to be unreasonable and is requiring stringent information about compensation on the new Form 990. To protect yourself from sanctions, you need to make sure that your board of directors, at the time it sets an executive salary, arrives at a "reasonable" amount based on comparables for similar positions and adequately documents that research. And, if compensation is above the norm, you need to be ready to justify it.

Excessive executive compensation is a controversial topic in the current world of business, in both the for-profit sector and not-for-profit sector. In the not-for-profit industry, the IRS is cracking down on salaries it considers to be unreasonable and is requiring stringent information about

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