SOX Center

Two separate oversight bodies responsible for financial reporting and auditing rules under the Sarbanes-Oxley Act (SOX)–the Securities and Exchange Commission (SEC) and Public Company Accounting Oversight Board–took steps in late May to streamline and clarify the act’s requirements.

On May 23, the SEC approved new guidelines for interpreting section 404 of SOX, instructing companies to focus their controls on those issues that present the greatest risk of affecting their financial reporting. According to the SEC, those changes will allow companies to eliminate unnecessary controls while tailoring their efforts.

On May 24, the Accounting Oversight Board, which reports to the SEC, approved a new standard for outside auditors that mirrors the SEC guidance approved the day before. The new framework, known as Auditing Standard No. 5, directs these outside firms to take a risk-based approach in determining what aspects of a business must be included in their audits. The new standard must now go to the SEC for final approval.

CRN.com: SOX Appeal

The two top members of the House Small Business Committee asked regulators on Monday how much newly approved revisions to the Sarbanes-Oxley Act would save small companies, with the panel’s chairwoman saying a hearing about the law last week yielded only promises, not estimates.

In letters to Securities and Exchange Commission Chairman Christopher Cox and Public Company Accounting Oversight Board Chairman Mark Olson, Small Business Committee Chairwoman Nydia Velázquez, D-N.Y., and top panel Republican Steve Chabot, R-Ohio, asked for clarification about whether the SEC has developed cost estimates associated with changes to the 2002 corporate-governance law.

The letters follow a June 5 hearing about the law in the committee, and the adoption by the SEC and the accounting board of new guidance that will allow for focused checks on “internal controls” over financial reporting — the policies and procedures companies use to catch potential fraud on their books.

MarketWatch: Regulators asked for Sarbanes-Oxley costs

John Kerry and Olympia Snowe want another delay for small companies.

Senators John Kerry and Olympia Snowe have sent another letter to Securities and Exchange Commission chairman Christopher Cox asking him to give small companies more time to prepare for complying with the internal-control provisions of the Sarbanes-Oxley Act.

The small-business committees in both the House and Senate have recently met with Cox and Public Company Accounting Oversight Board Chairman Mark Olson to go over how the revised management guidance and corresponding new auditing standard for internal control over financial reporting address the concerns of small businesses. Those companies with a market capitalization of less than $75 million must include 404 management reports starting with their 10-Ks filed on or after December 15, 2007 and auditor-attestation reports one year later.

CFO.com: Senators Urge SEC to Delay 404, Again

Challenging optimism about the efficiency of new auditing standards, the House Small Business Committee’s chairwoman called on federal regulators to give thousands of small public companies even more time to comply with a controversial section of the 2002 Sarbanes-Oxley law.

Rep. Nydia Velazquez, D-NY, said on Tuesday that the Securities and Exchange Commission and the Public Company Accounting Oversight Board must implement the internal-controls section of the law in a way that “does not hamper America’s competitiveness.” She said that “postponing the compliance deadlines for at least an additional year would allow us to make this determination.”

The 2002 law requires company management to evaluate internal controls over financial reporting, subject to review by outside auditors. The SEC has delayed applying the rules to more than 6,000 small companies at least four times, most recently citing a need to make the rules more efficient. Under current policy, small public companies will begin submitting management reports in 2008, and the auditor reports in 2009.

Nasdaq: House Lawmaker Calls On SEC To Delay Internal-Controls Rules

CCH principal analyst and leading author on securities law, Jim Hamilton, JD, LLM, has released a white paper on the long-awaited Securities and Exchange Commission (SEC) and Public Company Accounting Oversight Board (PCAOB) issuances on internal controls over financial reporting under section 404 of the Sarbanes-Oxley Act.
CCH, a leading provider of securities law information, is part of Wolters Kluwer Law & Business.

Reporting on the adequacy of internal controls was a significant element of the corporate reforms embodied in the Sarbanes-Oxley legislation. Hamilton can explain and comment on the new regulations, including:

• Why regulators felt a new approach was necessary;
• The broad principles behind the guidance; and
• What the new issuances mean in practice for auditors.

“The issuances emphasize a ‘principles-based’ and risk-based approach,” said Hamilton. “This allows for greater discretion and judgment in assessing the effectiveness of the company’s internal control over financial reporting.”

Yahoo!Finance: New CCH White Paper Covers SEC, PCAOB Internal Controls Guidance

The PCAOB has killed its reviled internal-control standard. Now it’s up to the SEC to pronounce it officially dead.

Perhaps the most hated rule to come out of the Sarbanes-Oxley Act is dead. Well, almost. On Thursday, the Public Company Accounting Oversight Board voted unanimously to replace its controversial internal-control auditing standard with Auditing Standard No. 5. Critics of the original standard shouldn’t celebrate just yet, however. AS5 requires the Securities and Exchange’s approval, which will likely not happen for at least another month.

The PCAOB’s Auditing Standard No. 2 is the rule largely blamed for creating excessively high audit fees for companies complying with the Sarbanes-Oxley Act. Indeed, since auditors began using AS2, companies have complained that common interpretations of the standard wrought burdensome audits by promoting work for work’s sake and encouraging a rigid checklist approach.

CFO.com: Ding-Dong, AS2 Is Dead

The US Treasury has welcomed a statement released by the Securities and Exchange Commission and the Public Company Accounting Oversight Board regarding their votes to address the implementation of Section 404 of the Sarbanes-Oxley Act:

“The SEC and the PCAOB, after carefully considering the effects of Section 404, moved this week to strike the right balance in enhancing financial reporting quality and eliminating unintended costs,” announced Under Secretary for Domestic Finance Robert K. Steel. “These key reforms should ensure that Section 404 is implemented in a risk-based and appropriately-scalable fashion, without sacrificing investor protection or diminishing the value of sound internal controls over financial reporting. Now that the regulators have acted, it is critical that public companies and the auditing profession respond to this call.”

Steel added: “Treasury congratulates the SEC, the PCAOB and their chairmen, Chris Cox and Mark Olson, for their cooperation in working to uphold investors’ confidence in and the competitiveness of America’s capital markets.”

Investorsoffshore: Treasury Welcomes Sarbanes Oxley Reforms

U.S. accounting overseers voted Thursday to streamline rules for auditors’ assessments of corporate financial statements, in a move that supporters say will save time and simplify burdens imposed by the 2002 Sarbanes-Oxley Act.

By unanimous vote, the five members of the Public Company Accounting Oversight Board approved a new standard directing accounting companies to focus their audits of internal financial controls on the most important risks.

Under Section 404 of the Sarbanes-Oxley Act, public companies are required to test and report their procedures for catching financial misstatements and fraud. The law was approved in the wake of accounting scandals that brought down companies like Enron and WorldCom.

But Section 404 of the act came in for heavy criticism from companies who said it cost large amounts of time and money by requiring extensive and sometimes unnecessary checks on financial reporting. It’s also been the cause of hang- wringing among some lawmakers and experts who claim it’s partly responsible for making U.S. capital markets less attractive to foreign companies, who fear the heavy compliance burden of the law.

Nasdaq: UPDATE: Accounting Board Streamlines Sarbanes-Oxley Rules

The financial reporting legislation may be changed in order to relax stringent regulations and reduce the cost of compliance

Regulators are preparing to review elements of the Sarbanes-Oxley Act to determine whether or not portions of the financial reporting legislation should be relaxed to ease the burden on companies doing business in the United States.

On May 24, the PCAOB (Public Company Accounting Oversight Board) — the nonprofit oversight group created to help manage application of the Sarbanes Oxley Act — plans to meet in Washington to vote on a range of topics, including several issues that could shift the application of the legislation, originally passed in 2002 to help fight corporate financial fraud.

In the meetings, the group is expected to approve a final standard for auditing internal control over financial reporting as well as a related independence rule and several other measures.

If adopted, the rule will supersede PCAOB’s existing Auditing Standard No. 2, also known as “An Audit of Internal Control over Financial Reporting Performed in Conjunction with an Audit of Financial Statements.”

The PCAOB also plans to vote on two separate recommendations to amend its rules on the frequency and level of scrutiny in required inspections to test compliance with SOX.

Info World: Regulators to begin SOX reviews

U.S. securities regulators will vote on tweaks to the controversial Sarbanes-Oxley law on Wednesday, finalizing changes initially approved in April amid continuing complaints from businesses about the law’s unpopular accounting provision.

At issue is Section 404 of the law, which was passed in 2002 following scandals at Enron and other companies. The section requires companies to monitor their internal controls over financial reporting, as well as to test their controls. The aim is to ensure accurate financial statements and to catch fraud.

The Securities and Exchange Commission and the Public Company Accounting Oversight Board have been under pressure from Congress and businesses to adjust Section 404, which is often criticized as expensive and time-consuming.

MarketWatch: SEC to finalize Sarbanes-Oxley tweaks