Regulation and compliance

Regulation

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  • The Public Company Accounting Oversight Board issued its first-ever audit practice alert, warning auditors to be on the watch for problems in the timing and accounting of stock-option grants."Auditors planning or performing an audit should be alert to the risk that the issuer may not have properly accounted for stock option grants and ... may have materially misstated its financial statements," the alert said, alluding to recent investigations by both the Securities and Exchange Commission and the Internal Revenue Service into whether companies routinely backdate, spring load, or otherwise manipulate, stock options grants to top executives.

    July 30
  • A federal appeals court upheld the conviction and 25-year prison sentence handed to former WorldCom Inc. chief executive Bernard Ebbers a year ago.

    July 30
  • The Securities and Exchange Commission will require public companies to provide more information about the pay given to top executives under rules unanimously adopted by the Securities and Exchange Commission.

    July 26
  • As expected, Conrad W. Hewitt, a former Big Four managing partner and commissioner of California's department of financial institutions and superintendent of banking for the state, will take over the top accounting job at the Securities and Exchange Commission.

    July 25
  • The Securities and Exchange Commission has barred Conseco Inc.'s former chief financial officer and chief accounting officer from auditing the books of public companies for at least the next five years.

    July 25
  • Brand-new exchange-traded funds are coming onto the market faster than most advisors can keep up with them.Issuers such as PowerShares and Barclay's Global Investors file for groups of new offerings in the double digits, and the total number has topped 216 funds with aggregate holdings of $334 billion. The flood of new products means advisors' mailboxes are stuffed with offering memoranda. Most end up in the circular file, but a few have made their way into clients' portfolios alongside some of the older issues.

    July 23
  • Using cash in a like-kind exchange is similar to passing around the proverbial "hot potato" - you don't want to be the one holding the potato, i.e., the cash, at the end of the transaction. If you do so in a like-kind exchange, you are probably holding "boot" (non-qualifying property), which is taxable to the extent of any gain otherwise locked up in the relinquished property (i.e., the difference between its fair market value and basis).Sometimes, strategies that involve the use of cash to facilitate like-kind exchanges under Code Section 1031 begin to seem like shell games, in which labels matter a great deal. In the end, however, the only labels that have been successfully applied are those that have made sense within the basic framework of Section 1031.

    July 23
  • Nobody wants to be the bearer of bad news, but small business owners should be aware that the Internal Revenue Service is stepping up its examinations of companies' retirement plans this year, hoping to catch those that are cheating their workers or the government, or both, as well as to ensure that the plans meet federal regulations.Traditional pensions, 401(k) plans and profit-sharing plans are all on the agenda.

    July 23
  • An individual who is planning to retire will often roll over the assets in her qualified plan into a traditional IRA, e.g., so that she will have more control over how the funds are invested.If the plan permits (and only if the plan permits), such an individual may also be able to roll over the assets in a traditional IRA to one of the following types of plans:

    July 23
  • Testifying with blunt honesty before the Senate Banking Committee, Fannie Mae's top executives said that it will be years before the mortgage giant can recover from an accounting scandal.Fannie Mae's president and chief executive, Daniel Mudd, alongside chairman Stephen Ashley, testified that the Fannie Mae of today is nearly unrecognizable from before. In mid-June, Mudd volunteered to return some of his salary from the period that the accounting irregularities occured. He served as Fannie Mae's chief operating officer from 2000 through 2004.

    July 23
  • The Financial Planning Association has unveiled the FPA Career Center, a tool designed to help those in the market for a new job and those looking to hire new employees.The site has more than 170 financial planning job openings from 139 firms throughout the country. It offers employers targeted access to financial planning professionals, and offers job seekers free and confidential resume posting.

    July 23
  • Conrad W. Hewitt, a former Big Four managing partner and commissioner of California's department of financial institutions and superintendent of banking for the state, is expected to be named the chief accountant of the Securities and Exchange Commission.

    July 23
  • When Mark Olson starts his new job as chairman of the Public Company Accounting Oversight Board in July, his commute into work won't be all that much different from his most recent gig - a few blocks away at the Federal Reserve Board.But there's little doubt that the course he'll be setting with the accounting firm regulator will be markedly different from his duties over the last five years as a Fed governor.

    July 23
  • Among the many disasters lurking behind the scenes of the U.S. economy is that of pensions and other post-retirement benefits. It has been estimated that in 2005 there were $472 billion of unrecorded obligations for pension and other post-retirement benefit plans, and that the after-tax effect of these obligations would reduce shareholders' equity by $248 billion or more.Perhaps to give the Senate Committee on Banking, Housing and Urban Affairs an inkling of hope, Financial Accounting Standards Board Chairman Robert Herz and International Accounting Standards Board Chairman Sir David Tweedie presented their plans to require the underlying economic effects of post-retirement plans to be more faithfully and transparently reported through better accounting practices.

    July 23
  • Having gotten down to the building blocks of the federal books, the Federal Accounting Standards Advisory Board has issued a concepts statement exposure draft on the definitions and recognition of the elements of accrual-basis financial statements.The 16-year-old developer of federal accounting standards abides by the four fundamental concepts that are covered in the proposed statement: asset, liability, net position and revenue/expense.

    July 23
  • QuickBooks parent and tax and small business software provider Intuit Inc. has become the latest in a series of companies to have the Securities and Exchange Commission question their stock-option grants.The regulator served Intuit with an informal inquiry notice in June, after a Center for Financial Research and Analysis report questioned Intuit's granting policies, and the company later announced that it had implemented a self-review.

    July 23
  • Who is responsible for IT in your firm? Do you have a written technology plan and budget? Is technology viewed as a strategic asset, or as overhead? Are you adequately staffed in the IT department, and in the firm as a whole? Do you have the right people on your IT team?These are all important questions, and your firm should be able to provide definitive answers if you expect to compete in a rapidly changing digital and global economy. Many traditional services are being commoditized, and profit margins are under pressure. With the right technology, you can compete, as well as offer new, higher-value services.

    July 23
  • Many audit committees concede some specific issues and processes could be improved -- including oversight of accounting judgments and estimates, risk management and agenda setting, according to a recent survey by the Audit Committee Institute of KPMG International.

    July 20
  • I was raised in a family of medical people: father, brother, son, to name a few. Where other kids in our neighborhood might have had a Cross or a Star of David hanging over their beds, I had a caduceus. Thus, you must immediately ask, why am I writing columns such as this? Well, the answer is relatively simple. To repeat the famous cliche, I really couldn't stand the sight of blood, especially my own.

    July 20
  • The Securities and Exchange Commission has filed the first charges in its stock options practices investigations, charging the former chief executive of Brocade Communications Systems Inc. Gregory Reyes with misconduct linked to option grant practices.

    July 20