ACC 521 Chapter Notes - Chapter 2: Public Company Accounting Oversight Board, Financial Audit, Certified Public Accountant
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13 Mar 2014
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Self-regulations: situation where a professional group is given the power to monitor and discipline its members by the government. Public company accounting oversight board (pcaob): 5 member boards created through the sarbanes- Oxley act (sox) to oversee the auditors of public companies in the us. Increased oversight of auditors, including audit standards setting by pcaob. Canadian public accountability board (cpab): the board organized to monitor the auditors of public companies in canada. American institute of certified public accountants (aicpa): the professional organization of independent external auditors in the us: acipa still sets audit standards for nonpublic companies whose shares are not traded on the stock markets. Increased importance of the role of the internal auditor. Internal control: the system of policies and procedures needed to maintain adherence to the company"s objectives; especially the accuracy of recordkeeping and safeguarding of assets. Securities and exchange commission (sec): main us government agency regulating then securities markets in the us.
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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 wonât 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, | membersâ 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 PCAOBâs governance |
company auditors to attest to the | structure is unconstitutional |
soundness of the firmâs 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 auditorsâ | 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 presidentâs |
Small firms â those with | powers that may contradict |
less than $75 million in | the constitution. |
market capitalization | The Supreme Court will take up |
â 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 |