12 CFR 1231.5 - Factors to be taken into account.

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§ 1231.5 Factors to be taken into account.
In determining whether to prohibit or limit any golden parachute payment, the Director shall consider the following factors—
(a) Whether there is a reasonable basis to believe that the entity-affiliated party has committed any fraudulent act or omission, breach of trust or fiduciary duty, or insider abuse with regard to the regulated entity that has had a material effect on the financial condition of the regulated entity;
(b) Whether there is a reasonable basis to believe that the entity-affiliated party is substantially responsible for the insolvency of the regulated entity, the appointment of a conservator or receiver for the regulated entity, or the troubled condition of the regulated entity (as defined in regulations prescribed by the Director);
(c) Whether there is a reasonable basis to believe that the entity-affiliated party has materially violated any applicable provision of Federal or State law or regulation that has had a material effect on the financial condition of the regulated entity;
(d) Whether the entity-affiliated party was in a position of managerial or fiduciary responsibility;
(e) The length of time that the party was affiliated with the regulated entity, and the degree to which the payment reasonably reflects compensation earned over the period of employment and the compensation involved represents a reasonable payment for services rendered; and
(f) Any other factor the Director determines relevant to the facts and circumstances surrounding the golden parachute payment, including any fraudulent act or omission, breach of fiduciary duty, violation of law, rule, regulation, order, or written agreement, and the level of willful misconduct, breach of fiduciary duty, and malfeasance on the part of an entity-affiliated party.
[73 FR 53357, Sept. 16, 2008, as amended at 73 FR 54673, Sept. 23, 2008; 74 FR 5102, Jan. 29, 2009]

Title 12 published on 2014-01-01

The following are only the Rules published in the Federal Register after the published date of Title 12.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-01-28; vol. 79 # 18 - Tuesday, January 28, 2014
    1. 79 FR 4394 - Golden Parachute Payments
      GPO FDSys XML | Text
      FEDERAL HOUSING FINANCE AGENCY
      Final rule.
      Effective Date: February 27, 2014.
      12 CFR Part 1231

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United States Code

Title 12 published on 2014-01-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 12 CFR 1231 after this date.

  • 2014-01-28; vol. 79 # 18 - Tuesday, January 28, 2014
    1. 79 FR 4394 - Golden Parachute Payments
      GPO FDSys XML | Text
      FEDERAL HOUSING FINANCE AGENCY
      Final rule.
      Effective Date: February 27, 2014.
      12 CFR Part 1231