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September 13, 2012

Alex Denny Weighs in on Clawback Liability with Financial Adviser

In an interview with Financial Adviser, Alex Denny discussed legal action against Positive Solutions, the UK's largest national independent financial advice firm, by a former registered individual over claims that the company had charged exit fees that were not in an original contract. Denny explains that if clawback liability didn't form part of the original contract, and there was no change in terms and conditions explicitly agreed, consulted on and signed by the employee, the employee will not be subject to any clawback provision.