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An Analysis of SEC Clawback Provisions in terms of Loss-Aversion and Narcissism

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Executive compensation is broken into two parts: one fixed and one variable. The fixed component of executive compensation is the annual salary and the variable components are performance-based incentives. Clawback provisions of executive compensation are designed to require executives to

Executive compensation is broken into two parts: one fixed and one variable. The fixed component of executive compensation is the annual salary and the variable components are performance-based incentives. Clawback provisions of executive compensation are designed to require executives to return performance-based, variable compensation that was erroneously awarded in the year of a misstatement. This research shows the need for the use of a new clawback provision that combines aspects of the two currently in regulation. In our current federal regulation, there are two clawback provisions in play: Section 304 of Sarbanes-Oxley and section 954 of The Dodd\u2014Frank Wall Street Reform and Consumer Protection Act. This paper argues for the use of an optimal clawback provision that combines aspects of both the current SOX provision and the Dodd-Frank provision, by integrating the principles of loss aversion and narcissism. These two factors are important to consider when designing a clawback provision, as it is generally accepted that average individuals are loss averse and executives are becoming increasingly narcissistic. Therefore, when attempting to mitigate the risk of a leader keeping erroneously awarded executive compensation, the decision making factors of narcissism and loss aversion must be taken into account. Additionally, this paper predicts how compensation structures will shift post-implementation. Through a survey analyzing the level of both loss- aversion and narcissism in respondents, the research question justifies the principle that people are loss averse and that a subset of the population show narcissistic tendencies. Both loss aversion and narcissism drove the results to suggest there are benefits to both clawback provisions and that a new provision that combines elements of both is most beneficial in mitigating the risk of executives receiving erroneously awarded compensation. I concluded the most optimal clawback provision is mandatory for all public companies (Dodd-Frank), targets all executives (Dodd-Frank), and requires the recuperation of the entire bonus, not just that which was in excess of what should have been received (SOX).

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2018-12

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Motivation Crowding Theory and Its Limits

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This paper consists of a literature review, wherein four papers surrounding Motivation Crowding Theory (MCT) were read and analyzed. The paper then goes into an analysis of a survey I conducted. The survey consisted of three main questions with three

This paper consists of a literature review, wherein four papers surrounding Motivation Crowding Theory (MCT) were read and analyzed. The paper then goes into an analysis of a survey I conducted. The survey consisted of three main questions with three sub-questions for each, and all attempted to find a "limit" to MCT. However, results for the survey were ultimately inconclusive. The paper concludes with lessons learned in conducting research and surveys in particular, as well as a nod to the relevancy of MCT in business and personal applications.

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2020-05

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The Unintended Consequences of Sarbanes-Oxley Act of 2002

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Given its impact on the accounting profession and public corporations, Sarbanes-Oxley Act of 2002(SOX) is a widely researched regulation among accounting scholars. Research typically focuses on the impact it has had on corporations, executives and auditors, however, there is limited

Given its impact on the accounting profession and public corporations, Sarbanes-Oxley Act of 2002(SOX) is a widely researched regulation among accounting scholars. Research typically focuses on the impact it has had on corporations, executives and auditors, however, there is limited research that illustrates the impact SOX may have on average Americans. There were several US criminal code sections that resulted from the passing of SOX. Statute 1519, which is often referred to as the "anti-shredding provision", penalizes anyone who "knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to" obstruct a current or foreseeable federal investigation. This statute, although intended to punish behavior similar to that which occurred in the early 2000s by corporations and auditors, has been used to charge people beyond its original intent. Several issues with the crafting of the statute cause its broad application and some litigation even reached the Supreme Court due to its vague wording. Not only is the statute being applied beyond the intent, there are other issues that legal scholars have critiqued it for. This statute is far from being the only law facing these issues as the same issues and critiques are found in the 14th amendment. Rewriting the statute seems to be the most effective way to address the concerns of judges, lawyers and defendants regarding the statute. In addition, Congress could have passed this statute outside of SOX to avoid being seen as overreaching if obstruction of justice related to documents was actually an issue outside of corporate fraud.

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2016-12

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Exploring the influence of survey item order and personality traits on perceived-crowding and recreational-satisfaction in an urban park environment

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Crowding and satisfaction remain widely studied concepts among those seeking to understand quality visitor experiences. One area of interest in this study is how the order of crowding and satisfaction items on a survey affects their measurement levels. An additional

Crowding and satisfaction remain widely studied concepts among those seeking to understand quality visitor experiences. One area of interest in this study is how the order of crowding and satisfaction items on a survey affects their measurement levels. An additional area of interest is the influence of personality traits on experience-use-history, crowding, and satisfaction. This study used two versions of a survey: A) crowding measured prior to satisfaction and B) satisfaction measured prior to crowding, to explore the influence of item order on crowding and satisfaction levels. Additionally, the study explored the influence of personality traits (extraversion and neuroticism) and experience use history (EUH) on crowding and satisfaction. EUH was included as a variable of interest given previous empirical evidence of its influence on crowding and satisfaction. Data were obtained from an onsite self-administered questionnaire distributed to day use visitors at a 16,000 acre desert landscape municipal park in Arizona. A total of 619 completed questionnaires (equally distributed between the two survey versions) were obtained. The resulting response rate was 80%. One-way ANOVA's indicated significant differences in crowding and satisfaction levels with both crowding and satisfaction levels being higher for survey version B. Path analysis was used to test the influence of personality traits and EUH on crowding and satisfaction. Two models, one for each version of the survey were developed using AMOS 5. The first model was tested using data in which crowding was measured prior to satisfaction. The second model relied on data in which satisfaction was measured prior to crowding. Results indicated that personality traits influenced crowding and satisfaction. Specifically, in the first model, significant relationships were observed between neuroticism and crowding, neuroticism and EUH, EUH and crowding, and between crowding and satisfaction. In the second model, significant relationships were observed between extraversion and crowding, extraversion and satisfaction, and between EUH and satisfaction. Findings suggest crowding and satisfaction item order have a potential to influence their measurement. Additionally, results indicate that personality traits potentially influence visitor experience evaluation. Implications of these findings are discussed.

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2011