Regulation and compliance

Regulation

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  • At the request of Connecticut State Comptroller Nancy S. Wyman, the state's General Assembly has voted to allow the comptroller to set generally accepted accounting principles for the state, starting in 2009.Wyman, however, said that she has no intention of modifying GAAP, as set by the Governmental Accounting Standards Board, for external reporting.

    July 22
  • The European reaction as to how a proposed standard on fair value needs to be revised in order to be suitable for International Financial Reporting Standards is starting to emerge as a more of a "back to basics" cry.Among other things, regulatory experts within the EU are requesting a more principles-based approach and shorter documents than the 12 pages on FAS 157 and the 20-plus pages of guidance. They also maintain that any debate on the subject should not begin with the assumption that fair value needs to be reflected on the balance sheet. Others have forwarded suggestions on clarifying the language of the standard.

    July 22
  • The Securities and Exchange Commission has settled charges with four former finance executives of SmartForce related to the software company's overstatement of revenue and income.

    July 22
  • The Securities and Exchange Commission announced Thursday that Chester Spatt, Chief Economist and Director of the Office of Economic Analysis (OEA), will leave the agency to return to academia at the end of July, according to an SEC press release.

    July 22
  • Bob Levy of New York City-based Levy & Associates called to tell me about a CPA Career Day and The Singing CPA. I thought the idea a superb one. You see, students from the Academy of Finance schools in New York City had the opportunity to get a firsthand look inside the world of accounting at this year’s CPA Career Day, an event that featured speakers from Goldman Sachs as well as music from “The Singing CPA,” who played songs spiced with accounting-related lyrics. Sponsored by the Academy of Finance and the New York Society of CPAs, it was attended by high school students, many of whom are considering the field of accounting in their future. According to Joshelyn Vivas, a junior at John Dewey High School, the event was not only informative but motivating, as well. “After listening to the speakers it makes me want to be a CPA and take the exam. An accounting firm is where I want to be.” Julie Levin, a Goldman Sachs vice president in their tax department, notes that putting in the hours is one of the most surprising things for students. “I kind of tell people that you’re likely to start out working about 55 hours and that doesn’t include email time, coffee, or lunch breaks.” Regina Flannery, Director of the Academy of Finance, points out, “The fact that the students have the opportunity to gain access to successful professionals in the accounting field will prove extremely beneficial. What we’re really trying to do is give the students a three-dimensional look at a potential career choice. While many of these students may not choose accounting as their profession, they’ll at least have had the chance to see what the field has to offer.” This is extremely important says Levin because in the end she feels that it’s really the students who have to decide what they want to do with their future. “No one can make that decision for them. It’s all about taking your career in your own hands. If you want to do international travel, you really have to let people know.” Providing much of the entertainment was Steven Zelin, also known as “The Singing CPA.” He currently works at Societe Generale, a large corporate investment bank, in addition to having his own consulting CPA practice. “I enjoy sharing my experience as a CPA with young people,” says Zelin. “A lot of the students think first off that being a CPA is all about the numbers, but it’s really being able to work well with other people as well as understanding business and accounting concepts.” He adds that becoming a CPA provides a strong foundation for many types of careers in business. “I think that the training you get from studying accounting provides a terrific foundation for developing a good financial perspective on life.” He also stresses that becoming a member of the NYS Society of CPAs would be a sound financial investment to students looking to go into the field. The Academy of Finance is a partnership of the New York City Department of Education, the National Academy Foundation, and the New York business community. The Academy introduces students to a variety of career opportunities in the financial services industry while equipping them with the conceptual and practical tools they need to choose their future profession. The National Academy Foundation creates partnerships between business leaders and education through an innovative educational model. Its small public school-based learning communities empower high school students to successfully go on to higher education and professions of their choosing. Thanks, Bob.

    July 19
  • The Public Company Accounting Oversight Board said it plans to hold a meeting to consider a new ethics and independence rule concerning communication with audit committees.

    July 19
  • Stephen Cooper, a managing director and head of valuation and accounting research at UBS Investment Bank, has been appointed to the International Accounting Standards Board.

    July 19
  • Securities and Exchange Commission Chairman Christopher Cox told a Town Hall Los Angeles meeting that he wants Congress to give more power to the Governmental Accounting Standards Board so GASB can police accounting practices at the state and local government level and better regulate the municipal bond market.He would like the SEC to be able to enforce GASB accounting rules when it sees a violation by a state or local government, similar to the way the SEC can take action against companies that flout Financial Accounting Standards Board rules. Texas and Connecticut have both passed bills recently allowing alternative accounting rules, although Connecticut Governor Jodi Rell has vetoed that state’s bill.

    July 18
  • A group of companies and organizations in the United Kingdom has responded to the Financial Reporting Council's report on constraints in the audit market that have forced most large public companies to rely on one of the Big Four accounting firms for audit services.

    July 17
  • Louisiana accounting firms LaPorte Sehrt Romig Hand CPAs and the Gautreau Group plan to merge on October 1.

    July 17
  • The Public Company Accounting Oversight Board is forging closer ties with Australian regulators.The PCAOB has signed a statement of protocol with the Australian Securities and Investments Commission to improve cooperation in their oversight of auditors and public accounting firms that practice in the United States and Australia.

    July 16
  • The Internal Revenue Service said it has begun mailing educational letters this month to more than 650,000 small tax-exempt organizations to let them know they need to start submitting a new annual electronic notice known as an e-Postcard.Form 990-N, the electronic notice they have to send, is intended for tax-exempt organizations with gross receipts of $25,000 or less. Until the passage of the Pension Protection Act of 2006, charities of that size weren't required to submit either the Form 990 or 990-EZ.

    July 15
  • The European Union has released a report praising the ongoing convergence of accounting standards in Europe, the United States and other parts of the world, but says there's still work to do.EU Internal Market Commissioner Charlie McGreevy welcomed the progress made so far to bring accounting standards in the U.S., Canada, Japan, China and India more in line with International Financial Reporting Standards. The European Commission report also lauded the U.S. Securities and Exchange Commission's announcement that it would consider allowing companies to file IFRS financial statements without first reconciling them with GAAP.

    July 15
  • Many people believe in collectibles as another track of asset allocation. In other words, buying and maintaining certain pieces of collectibles is seen as an additional brick in their financial planning foundation. It’s all part of establishing a net worth. For many of my age group, we had a great collection of comic books until we went away to college and returned home to find that our mother had cleaned out the garage and tossed all those dust-carrying original copies of Superman. We all experienced that one. But, as I grew older, the penchant for comic books ceased and I gravitated to something with wheels. I have a car that is now 17 years old. Yes, you read that right. 17! It has a mere 110,000 miles on it and is in mint condition. It was also, when it was unveiled in 1990, rated by most of the motor trend magazines as the car of the year. It certainly, over its lifetime, has lived up to that accolade. I noticed that before it hit the 15-year mark, its valued had certainly dropped. But, as soon as it passed the 15-year threshold, I saw an immediate rise in value as it entered the “classic” stage, which it is today. So, this to me is like money in the bank. As long as I keep it in such great condition with constant mechanic supervision, I have developed a pretty good asset. Some people don’t gravitate toward cars but more toward, let’s say, art. A few weeks ago, I visited the Raymond James Financial center, its corporate headquarters in St. Petersburg, Florida, to talk with various executives to find out where they are heading with the financial planning explosion upwards because of the Baby Boomers. Talk about asset allocation. I was opened up to the Tom and Mary James/Raymond James Financial Arty Collection, one of the country’s largest private collections. It consists of more than 1,850 pieces including original paintings, sculptures, and graphics in both prints and posters. Tom James, Chairman of the Board and CEO of Raymond James Financial, and his wife Mary, own more than 95 percent of the collection. It is on display at the firm’s corporate headquarters. The art is placed on different floors of each campus building according to style and theme. Mr. James has selected almost every piece of artwork himself. While some of the artists in the collection are now deceased, he believes buying works from living artists helps to sustain them in their profession. Although the collection began in the late 1950s with predominately American artists, primarily from Florida, it has grown to include works by such artists as Alfredo Arreguin, Alexander Calder, Mihail Chemiakin, Salvador Dali, Jacob Lawrence, Roy Lichtenstein, Joan Miro, Leonardo Nierman, Robert Rauschenberg, James Rosenquist, Andy Warhol, Jamie Wyeth and Victor Vasarely, among others. In the mid 1980s, while on trips to Colorado and New Mexico, Mr. James began to collect Western and Southwestern art. At the present time, more than half of the collection consists of Western/Southwestern styles of art, including works by Roy Anderson, Earl Biss, J. D. Challenger, Glenna Goodacre, The James family, as well as Raymond James Financial, has long been a supporter of the arts. This year, for the fifth consecutive year, Raymond James Financial will be the major sponsor for the renowned Raymond James Gasparilla Festival of Arts. In addition, Mr. James is currently president of the Salvador Dali Museum Board of Directors. Hmmm. Is he interested in trading a piece of art for my car? Probably not. And I probably wouldn’t, either.

    July 12
  • Ernst & Young and Grant Thornton may find themselves fending off legal claims of professional negligence and fraud from Refco shareholders in the wake of a report from the defunct financial company's bankruptcy examiner.

    July 12
  • The Securities and Exchange Commission won't require amended filings to correct misclassifications of a new Financial Accounting Standards Board standard for defined-benefit pension plans, says a recent alert from the AICPA's Center for Audit Quality.The new standard, SFAS 158, requires that employers move any surpluses or deficits in their retirement benefit plan funding off the footnotes and onto the face of the balance sheet, while making an adjustment in the ending balance of "accumulated other comprehensive income."

    July 12
  • The Institute of Internal Auditors has appointed Gerald D. Cox as chairman of the board and elected a slate of other board members.Cox heads the internal audit partnership at South West Audit Partnership in Yeovil, U.K. Joining him on the board is Patricia K. Miller, a partner at Deloitte & Touche in Pleasant Hill, Calif., who was elected as senior vice chairwoman.

    July 11
  • The Securities and Exchange Commission voted to adopt a sweeping anti-fraud rule that targets money managers who deliberately mislead investors.The new rule, which was first proposed by the SEC in December, also has been expanded to include hedge funds.

    July 11
  • The IRS said it is reconsidering some of the private letter rulings its associate chief counsel’s office has issued regarding the gift tax consequences of trusts that employ distribution committees.The IRS’s chief counsel has discovered that some of the conclusions in the rulings may disagree with some prior revenue rules.

    July 11
  • I first came across the term a number of years ago when consultants stressed to me the importance of identifying where a business was in its life cycle. These consultants believed businesses and industries have a life cycle, and the key is identifying where the business is at that time. In the case of a business, its life cycle includes progressive identifiable stages, such as the “seed,” start-up, growth, established, etc.

    July 9