The Cabinet is planning to introduce statutory powers to reclaim or adjust bonuses which have been paid or awarded on the basis of incorrect information (claw back) or for which, in view of exceptional circumstances, there is no reasonable justification (reasonableness assessment). A consultation on two sets of draft provisions closed on 26 April 2010:

  • general provisions which provide a statutory basis for claw back and reasonableness assessment; these will be included in the Dutch Civil Code;
  • additional provisions for the financial sector, to be added to the FMSA.