30.3—Q-3: How are the SEOs and most highly compensated employees identified for purposes of compliance with this part?
        
        (a) Identification.
         The SEOs for
 a year are the “named executive officers” who are
 employees and are identified in the TARP
 recipient's annual report on Form 10-K or annual
 meeting proxy statement for that year (reporting
 the SEOs' compensation for the immediately
 preceding year). These employees are considered
 the SEOs throughout that entire year. For purposes
 of the standards in this part applicable to the
 most highly compensated employees, the
 determination of whether an employee is a most
 highly compensated employee in a current fiscal
 year looks back to the annual compensation for the
 last completed fiscal year without regard to
 whether the compensation is includible in the
 employee's gross income for Federal income tax
 purposes.
    
    
        
        (b) Compliance.
         Regardless of
 when during the current fiscal year the TARP
 recipient determines the SEOs or the most highly
 compensated employees, the TARP recipient must
 ensure that any of the SEOs or employees
 potentially subject to the requirements in this
 part for the current fiscal year complies with the
 requirements in this part as applicable.