Regulation and compliance

Regulation

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  • On a muggy July day five years ago, President George W. Bush put his pen to the Sarbanes-Oxley Act, an expansive piece of corporate reform legislation designed to help restore investor confidence in a nation scarred by an apparently unending series of accounting scandals.The 11-section measure, which essentially changed the way public companies do business, ushered in a cascade of new reforms, service prohibitions and standards for public issuers, their boards and the CPA firms that audit them. It was the most deliberately invasive regulatory reform passed since the Roosevelt administration, touching nearly every aspect of the financial reporting process.

    August 19
  • Is the Governmental Accounting Standards Board in trouble? "Trouble" may be too strong a word, but it's been a bumpy couple of months for the state and local government standard-setter.In December, the Government Financial Officers Association voted to "re-assess GASB's role as the authoritative accounting standard-setting body for state and local governments."

    August 19
  • The Securities and Exchange Commission approved the Public Company Accounting Oversight Board's new internal control auditing standard by a 5-0 vote in late July.Registered audit firms are now required to use the new standard for all audits of internal controls no later than for fiscal years ending on or after Nov. 15, 2007. Auditing Standard No. 5 replaces the older AS2.

    August 19
  • This coming January officially marks the three-year countdown before the axe falls on the lower individual capital gains rates now in place.Since May 6, 2003, thanks to the Jobs and Growth Tax Relief Reconciliation Act of 2003, gain from the sale of most long-term capital assets is subject to a maximum tax rate of 15 percent (5 percent for individuals in the 10 percent or 15 percent tax bracket). Starting in 2011, however, these rates are scheduled to revert to their former pre-May 6, 2003, levels of 20 percent and 10 percent, respectively. Nevertheless, before the party ends, a 0 percent rate will replace the 5 percent rate for tax years beginning after Dec. 31, 2007.

    August 19
  • The Governmental Accounting Standards Board has unveiled a new standard on accounting and reporting for intangible assets, clearing up a requirement of Statement 34 that had caused widespread uncertainty in the preparation and comparison of governmental financial reports.GASB Statement 51, Accounting and Financial Reporting for Intangible Assets, adopts a clear and simple description of intangibles as assets that have no physical substance, are non-financial in nature, and have a useful life extending beyond a single reporting period. Such assets would include easements, internally generated and third-party computer software, water and timber rights, patents, and trademarks.

    August 19
  • On the heels of a conviction against former Brocade Communications CEO Gregory Reyes, the Securities and Exchange Commission has filed fraud charges against Michael Byrd, the company's former CFO and COO.

    August 19
  • Thomson Tax & Accounting's Practitioners Publishing Co. unit has beefed up its audit guidance line with two products aimed at auditing construction contractors and financial institutions.

    August 16
  • Microsoft has launched Microsoft Money Plus, an update to its personal financial software targeted at consumers, entrepreneurs and small businesses.

    August 16
  • The future of the accounting profession will be largely determined by its response to escalating talent shortages and other challenges of the post-regulatory-reform era, says a distinguished group of leaders in this field. The Robert Half International Financial Leadership Council recently met and recommended a number of strategies for addressing these issues. It’s all set forth in a new report, Charting the Future of Accounting, Finance and Audit Professions. The Council, which represents a diverse range of leaders from the corporate world, public accounting firms, industry associations, and top accounting universities in the U.S. and Canada, discussed the impact of changing workforce demographics on today’s accounting landscape and the recruitment and retention challenges associated with these shifts. Some of the key findings and recommended solutions are:

    August 16
  • Albridge Solutions has added mutual fund and exchange-traded fund research to its Albridge Wealth Reporting software.

    August 15
  • BDO Seidman was ordered to pay $170 million in compensation and $350 million in punitive damages by a Florida jury that blamed the accounting firm for negligence in failing to uncover fraud in its audits of a financial services company.

    August 14
  • At least 61 percent of sole proprietor companies are underreporting their net business income, but a small proportion of them account for the bulk of understated taxes, according to a report by the Government Accountability Office.

    August 14
  • Accounting irregularities caused Beazer Homes to delay its third-quarter financial report after the company said in a financial filing that it had encountered accounting problems.

    August 13
  • The Internal Revenue Service and the Treasury Department's Office of Tax Policy have released a "priority guidance plan" for 2007-2008, outlining the 303 projects they plan to complete through June 2008.

    August 13
  • Linden Lab, creator of the online virtual world Second Life, has begun outsourcing its finance and accounting work to Consero Global Solutions.

    August 13
  • Board directors and general counsel are spending more time on enterprise risk management as a result of Sarbanes-Oxley compliance, but they would prefer not to, according to a newly released study.

    August 12
  • The Securities and Exchange Commission filed charges against the former CEO, CFO and treasurer of natural gas distributor Nicor, charging the Chicago-area company with financial fraud spanning the period of 1999 to 2002.

    August 12
  • Paragon Computer Solutions has integrated its TripsWare online travel and entertainment expense management system with Sage Software's Peachtree Accounting.

    August 9
  • I attended a breakfast meeting the other day with executives from The Money Management Institute, which is a national organization for the managed account solutions industry. The Institute represents portfolio manager firms and sponsors of investment consulting programs, and the leading advocate for the industry on regulatory and legislative issues. Its membership list reads like a Who’s Who of firms that offer financial consulting services to individual investors as well as related professional portfolio management companies, among others. Present at the meeting were Christopher Davis, its President, Kevin Hunt, Chairman of the Board of governors and Executive Vice President of Old Mutual U.S. Holdings, Len Reinhart, President of Lockwood, an affiliate of Pershing, and Mary Deatherage, Senior Vice President, Wealth Management, at Smith Barney. It was a fascinating group who discussed various aspects of financial planning for clients including certain case studies and how they were dealt with. I learned that as recently as five years ago, financial planning for clients was pretty much handled by wirehouses for the planning and CPAs for the taxes. That has now changed dramatically, they say. Because of the advent of the Baby Boomers and their needs toward retirement, and the fact that people are retiring at an earlier age (57) than ever before, not to mention the broker/dealer and SEC business going on, CPAs are now replacing wirehouses in dealing with financial planning and investments. In fact, it was mentioned that insurance agents as financial advisors have slid downward somewhat because people simply don’t want to get involved with advisors who take commissions. It looks like it’s a question of trust, and many CPAs who have substantial financial planning practices tell me that clients are rather edgy whenever the CPA raises the specter of an insurance policy or certain investments that appear to have commission-strings attached. So, the CPA who is doing fee-based or fee-only planning is rising rather rapidly, especially fee-only. It is also interesting to note that the managed account solutions market grew at a healthy 6.7 percent to reach $1.34 trillion in assets just in the first quarter of this year alone. According to figures furnished, it outpaced the S&P 500 index, which returned only .64 percent during the same quarter. What also came out of this meeting is the fact that those who use financial planners are more loyal to their advisor than individuals who use full-service brokers or investment advisors and that client loyalty is built on responsiveness and investment returns. According to the Spectrem Group in its Affluent Market Insights for 2007, once advisors have turned a prospect into a client, they must retain that client. “As important as investment returns, low fees and low expenses are, they are not the primary driver of loyalty among the affluent. Simply returning phone calls promptly is the best method for advisors to develop loyalty. It is also important to investors that advisors provide a contact if he or she is not available.” In addition, Spectrem says that “giving “gifts at holidays, remembering birthdays and providing free tickets to special events does not develop loyalty.” Hmmm. How about a box of imported, dark chocolate? Does the trick for me.

    August 9
  • The American Institute of CPAs is criticizing proposed regulations for how post-death events might be considered in determining the value of a taxable estate.

    August 9