SOX Center

To help CFOs of smaller companies navigate wisely through the Sarbanes-Oxley compliance process, Lord & Benoit has published a study, “10 Threats to SOX Compliance for Smaller Public Companies.”

The study comes on the heels of actions by the SEC and PCAOB to require smaller public companies to comply with SOX this year.

In summarizing the results, Lord & Benoit suggests this list should be used by CFOs as a starting point for a macro-level risk assessment at smaller public companies. Identifying potential concerns, developing action plans to remediate these risks, and taking quick action can minimize the likelihood of an adverse Section 404 report at the end of the first year of compliance.

SmartPros: Study Outlines SOX Threats for Smaller Public Companies

US stock market regulation has little impact on where small companies decide to list their shares, according to a report from three North American academics. The widespread perception that the US’s Sarbanes-Oxley legislation is one reason why so many international companies have chosen to list in the UK is out of touch, the report argues.

Andrew Karolyi and Rene Stulz of Ohio State University and Craig Doidge of the University of Toronto say that although the regulatory burden on smaller companies has increased thanks to Sarbanes-Oxley, there has been no marked increase in US companies seeking a foreign listing.

However, the fact that all 67 US companies listed on the Alternative Investment Market in London have floated since the introduction of Sarbanes-Oxley indicates the opposite, and the proliferation of foreign companies seeking a UK listing highlights the attractions of London.

The Independent: Small Talk: AIM is working, despite the disasters

Securities and Exchange Commission Chairman Christopher Cox isn’t ruling out further delays in applying stricter accounting requirements on small public companies but said such relief isn’t the option preferred by regulators.

About 6,000 smaller public companies have yet to come under two requirements adopted by Congress in 2002 as part of the Sarbanes-Oxley Act, calling for companies to make an annual assessment of their internal financial-reporting controls, with further review by the company’s outside auditor. Regulators have delayed applying that portion of the law to smaller companies amid complaints that compliance has been very costly and time-consuming for larger companies. In response to such complaints, the SEC and Public Company Accounting Oversight Board are working to make the requirement less burdensome for all companies.

SmartPros: SEC Chairman: Sarbanes-Oxley Relief for Small Firms Not First Choice

The Securities and Exchange Commission today issued two releases to grant smaller public companies and many foreign private issuers further relief from compliance with Section 404 of the Sarbanes-Oxley Act of 2002.The subjects are:

1. Ref from Section 404 Compliance Dates for Smaller Companies (Non-Accelerated Filers).

The Commission is proposing to grant relief to smaller public companies by extending the date by which non-accelerated filers must start providing a report by management assessing the effectiveness of the company’s internal control over financial reporting. The initial compliance date for these companies would be moved from fiscal years ending on or after July 15, 2007, until fiscal years ending on or after Dec. 15, 2007.

2. Relief from Section 404(b) Compliance Date for Certain Foreign Private Issuers.

The Commission is granting relief from Section 404(b) compliance for foreign private issuers that are accelerated filers (but not large accelerated filers), and that file their annual reports on Form 20-F or 40-F. These companies will have their compliance deadline extended for an additional year, so that they will not begin complying with the Section 404(b) requirement to provide an auditor’s attestation report on internal control over financial reporting in their annual reports until fiscal years ending on or after July 15, 2007.

3. Proposed Transition Relief for Newly Public Companies.

In the same release in which it proposes an extension of the Section 404 compliance dates for non-accelerated filers, the Commission also proposes a transition period for newly public companies.

Here you will find the press release of the SEC.