(The news
featured below is a selection from the news covered in the Federal Securities
Report Letter, which is distributed to subscribers of the Federal
Securities Law Reports.)
PCAOB Proposes Rules on
Inspections, Investigations and Adjudications
The Public Company Accounting
Oversight Board proposed rules concerning inspections of registered public
accounting firms. The board also proposed rules concerning investigations and
adjudications under its investigative and disciplinary authority over such firms
and associated persons.
With regard to inspections, the
proposals provide that firms that regularly provide audit reports for more than
100 issuers would be subject to annual inspections while those auditing less
than 100 issuers would be subject to inspection every three years.
The rules would also provide for
special inspections that are not subject to an inspection schedule. According to
the release, these special inspections would be conducted as necessary or
appropriate to address issues that come to the board's attention in any way,
including public company filings, news reports and information from other
regulators, professional associations, informants and members of the public. A
registered public accounting firm could be subject to a special inspection
without regard to the timing of the firm's regular inspection schedule.
Under the proposed rules
concerning board proceedings, the PCAOB and its staff may conduct investigations
concerning any acts or omissions by firms and associated persons that may
violate any provision of the rules of the board, the federal securities laws and
regulations relating to audit reports or professional standards. The proposals
provide for both informal inquiries by the staff and for formal investigations
by the board.
If violations are detected, the
rules would provide for a hearing. The board could impose sanctions, including
temporarily or permanently prohibiting a firm or associated person from
participating in public company audits. The board could also require special
remedial measures, such as training, new quality control procedures and the
appointment of an independent monitor.
Comments on both proposals are due
to the board by August 18, 2003. Rules proposed and adopted by the board are not
effective until approved by the SEC.
¨ PCAOB
Release No. 2003-012 is reported at ¶86,944
and PCAOB Release No. 2003-013 is reported at ¶86,945
.
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