By Maurice Nussenbaum and Sophie Schiller, published by LexisNexis in the journal *Actes pratiques et ingénierie sociétaire* (No. 2, March–April 2026)
“So-called ‘clawback’ clauses enable a company to recover all or part of a sum already paid – most often a commission, bonus or remuneration – to an employee or director when certain contractually stipulated conditions are met (poor performance, fraud, unlawful conduct or a breach of internal rules).”
The article outlines the different categories of such clauses and their legal and economic assessment, focusing in particular on the quality of reporting and the alignment of directors’ remuneration with their performance.
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