NRE 3245 Lecture 3: 3 Laws v Regulations Part 2
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Required: After reading the Bye, Bye SOX? Article comment on the issue of small business compliance with Section 404 of SOX
Bye, Bye, SOX? | |
The Sarbanes-Oxley Act (SOX) | SOX compliance has been extended |
may be declawed by upcoming | four times, but they won’t need to |
U.S. Congress and | comply at all if the Garrett-Adler |
Supreme Court decisions. | amendment makes it to the Senate |
The House of Representatives | floor as a standalone bill. |
recently voted to approve the | SOX also established the |
Garrett-Adler amendment, which | PCAOB to oversee and regulate |
would exempt small companies | audit firms. PCAOB operates under |
from SOX Section 404 provisions, | the supervision of the Securities |
while the Supreme Court is considering | and Exchange Commission (SEC), |
the constitutionality of the | which also appoints PCAOB members. |
Public Company Accounting Oversight | It is funded by fees charged to |
Board (PCAOB). | audited firms. When it was established, |
These developments may have | Congress wanted the board |
long-term implications for SOX, the | to be separate, with its own funding |
2002 legislation passed in the wake | stream, and outside normal civil |
of the Enron, WorldCom, and Tyco | service laws so it could attract |
scandals. The outcomes may also | highly qualified specialists. PCAOB |
have implications for records managers, | members’ salaries are more than |
information technology specialists, | $500,000 and are reviewed by the |
and compliance officers | SEC. |
who devise and implement company | Pro-business advocates, represented |
controls. | by the Free Enterprise |
Section 404 of SOX requires | Fund, argue that the PCAOB’s governance |
company auditors to attest to the | structure is unconstitutional |
soundness of the firm’s internal | because it is an independent |
controls and financial statements. | agency that does not allow for the |
Internal controls may include anything | president to appoint members. Additionally, |
from transaction approval authorizations | because only the president |
to records retention | can remove SEC commissioners |
programs. This provision is widely | for cause, and because |
blamed for an increase in auditors’ | the SEC can only remove PCAOB |
fees, as well as increased expenditures | members for cause, some court |
to ensure that proper internal | members believe this is a formerly |
controls are in place. | unrecognized limit of the president’s |
Small firms – those with | powers that may contradict |
less than $75 million in | the constitution. |
market capitalization | The Supreme Court will take up |
– have protested that | the issue soon, and some legal experts |
compliance with SOX 404 would | believe that SOX could be |
cost them a disproportionate share | abolished completely if the court |
of their earnings. The complaint is | rules the PCAOB unconstitutional. |
supported by an independent study | |
conducted at Pennsylvania State | |
University, which showed that | |
firms just over the $75 million | |
mark paid nearly $700,000 more in | |
audit fees and had average earnings | |
of negative $1.4 million in 2004 |
QUESTION 31
The Board of Governors of the Federal Reserve System is
composed of seven members who are appointed by the President and approved by the Senate. | ||
composed of 12 members of the Senate and the U.S. House of Representatives. | ||
elected by the general public. | ||
composed of representatives from the country's 12 largest commercial banks. |
1.11 points
QUESTION 32
The Fed is said to be the "lender of last resort" in that
it charges a higher interest rate to borrowers than does any other bank. | ||
it functions as the government's bank only when commercial banks fail to do so. | ||
it makes loans to individuals whom commercial banks do not believe are credit-worthy. | ||
it stands ready to lend to any depository institution that it has decided should not fail. |
1.11 points
QUESTION 33
The Federal Reserve System acts as the government's fiscal agent by
providing checking account services for the government. | ||
preparing the budget the President presents to Congress every year. | ||
determining how to finance a deficit. | ||
auditing taxpayers. |
1.11 points
QUESTION 34
The Federal Reserve System was established in which year?
1913. | ||
1929. | ||
1865. | ||
1941. |
1.11 points
QUESTION 35
By serving as the lender of last resort,
the Fed provides check clearing services. | ||
the Fed aids in the sale of government securities. | ||
the Fed supervises depository institutions. | ||
the Fed can prevent bank failures. |
1.11 points
QUESTION 36
Depository institutions must
use and pay for the services of the Federal Reserve System. | ||
set their interest rates according to schedules established by the Federal Reserve System. | ||
keep a certain percentage of their deposits as reserves. | ||
turn over a percentage of their profits to the Federal Reserve System as payment for services provided by the Fed. |
1.11 points
QUESTION 37
The Federal Reserve System has
50 district banks. | ||
24 district banks. | ||
12 district banks. | ||
7 district banks. |
1.11 points
QUESTION 38
The part of the Federal Reserve System (the Fed) that holds the reserve balances of depository institutions is
the Board of Governors. | ||
the Federal Advisory Committee. | ||
the Federal Open Market Committee. | ||
the Federal Reserve district banks. |
1.11 points
QUESTION 39
The potential for a financial breakdown at one financial institution to spread throughout the financial system is known as a
systemic risk. | ||
liquidity risk. | ||
lending risk. | ||
moral hazard. |
1.11 points
QUESTION 40
A system in which depository institutions hold reserves that are less than the amount of total deposits is called
fiat money banking. | ||
required reserve banking. | ||
fractional reserve banking. | ||
central banking system. |
1.11 points
QUESTION 41
Total reserves of private banks are
all customer deposits. | ||
the minimum amount banks need to hold against time deposits. | ||
federal reserve notes. | ||
deposits held at the Fed and vault cash. |
1.11 points
QUESTION 42
A statement of assets and liabilities of any business entity is called
a cash flow statement. | ||
an income statement. | ||
a balance sheet. | ||
a statement of net worth. |
1.11 points
QUESTION 43
Which of the following actions has no effect on the total money supply?
The Federal Open Market Committee buys government securities. | ||
There is a transfer of deposits from one bank to another bank. | ||
There is change in the money multiplier. | ||
The Federal Open Market Committee sells government securities. |
1.11 points
QUESTION 44
Given a required reserve ratio of 20 percent, a commercial bank that has received a new deposit of $100 can make additional loans of
$80. | ||
$0. | ||
$400. | ||
$20. |
1.11 points
QUESTION 45
The Federal Open Market Committee has responsibility for
appointing members to the Board of Governors of the Federal Reserve system. | ||
issuing orders to buy or sell government securities for the Fed. | ||
advising the Treasury Department on monetary policy. | ||
printing money. |