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ARTICLE · 03 FEBRUARY 2023

Clawback Rule Guidance

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In our prior posts, we discussed the Securities and Exchange Commission's adoption of Rule 10D-1 that directs the securities exchanges to establish listing standards prohibiting the listing of a security of any company that fails to adopt and implement a clawback policy.

United StatesCorporate/Commercial Law
Anna T. Pinedo
Anna T. Pinedo
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In our prior posts, we discussed the Securities and Exchange Commission's adoption of Rule 10D-1 that directs the securities exchanges to establish listing standards prohibiting the listing of a security of any company that fails to adopt and implement a clawback policy.

The Staff of the Division of Corporation Finance has issued Compliance and Disclosure Interpretations, gathered and reprinted below, by topic, relating to the timing of disclosures and related matters.

Section 121H. Requirements Under Section 10D: Rule 10D-1 ? Listing standards relating to recovery of erroneously awarded compensation

Question 121H.01

Question: The form amendments adding check boxes to the cover page of Form 10-K, Form 20-F, and Form 40-F indicating whether the form includes the correction of an error in previously issued financial statements and a related recovery analysis are effective January 27, 2023. However, the listing standards are not required to be effective until

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