Regulatory actions and programs

The managing executive of the Crowe Chizek’s Commercial Services Group will become the chief executive of Crowe Group LLP in April.Charles “Chuck” Allen, 53, will succeed Mark L. Hildebrand, who is completing his second term as the head of the firm. Hildebrand was first named chief executive in 1999.

What’s becoming increasingly apparent as more and more companies reveal the results of internal investigations into the timing of stock options grants to executives, is that there’s really no cut and dry, right or wrong, when it comes to the practice.According to published reports and independent research groups, upwards of 130 publicly traded companies have announced that they are looking into their own options-granting practices -- and the actual number is surely much, much higher than that. But with many of those investigations wrapping up, what comes now?

The American Institute of CPAs has released a second exposure draft of a proposed statement on standards for valuation services.

VALENCE HIRES HELIN DONOVAN: Valence Technology Inc., an Austin, Texas-based developer of rechargeable battery technology, has hired the firm of Helin Donovan Trubee & Wilkinson as its independent accountant.Helin Donovan succeeds Big Four firm Deloitte & Touche as Valence's auditor.

In a significant move toward accounting clarity and better financial management, the General Assembly of the United Nations has resolved to adopt International Public Sector Accounting Standards and shift from partial accrual to full accrual accounting.The effects of the change will ripple around the globe, as governments recognize the authority of the international standards.

Our previous column reviewed the improvements in financial reporting that will follow from a new standard requiring capitalization of all material leases. When that reform is implemented, it will replace a 30-year-old standard with practices that should have been put in place, well, 30 years ago.As we described, moving to capitalization will have many effects, the most obvious being the introduction of a new liability to the lessee's balance sheet. It will also put a new asset into the base of the reported return on assets ratio at an amount that currently cannot be estimated from the footnote.

When my oldest daughter was about to celebrate her second birthday, I had heard and read ad infinitum about the woes that awaited me upon the arrival of the “terrible twos.”

Statistics show that more than 50 percent of marriages in the United States end in divorce.The process of a divorce can create tremendous animosity between the parties, and this can lead to difficult financial issues for those affected by the split. There are many complex federal tax issues that need to be planned for, or they will create tremendous pitfalls. The Internal Revenue Code also contains several provisions that provide specific guidance for divorce-related transactions.

Year-end tax planning opportunities abound this year. They do so not only because it has been a particularly active year for tax legislation, but also because of other significant tax developments taking place in 2006, as well as changes from pre-2006 tax legislation that have a particular impact this year and next.Traditional year-end tax strategies should not be abandoned. Income should either be accelerated or postponed between 2006 and 2007, depending upon the anticipated tax brackets for each client. Similarly, deductions and credits should be manipulated to lower income either in the more favorable year or, in some cases, in both years, before midnight, Dec. 31, 2006, has come and gone.

The Financial Accounting Standards Board has set a new standard that establishes a long-needed framework on fair value measurement and expands related information in financial reports - and the investor community, according to FASB board member Leslie F. Seidman, is going to love it.Though Statement 157, Fair Value Measurements, does not require any new or additional fair value measurements, it applies to over 40 existing standards that require or permit the measurement of assets and liabilities at fair value.

The Securities and Exchange Commission's top accountant has added his thoughts on how to properly account for stock options in the historical financial statements of public companies.In a letter sent from his office, SEC Chief Accountant Conrad Hewitt discusses the consequences offered under Accounting Principles Board Opinion No. 25, Accounting for Stock Issued to Employees. The letter, sent to committee chairmen at Financial Executives International and the American Institute of CPAs, discusses dating an option award to predate the actual award date, option grants with administrative delays, the uncertainty as to the validity of prior grants, and other related circumstances.

The Securities and Exchange Commission will consider recommendations for changes to the Sarbanes-Oxley Act at an open meeting on Dec. 13.

Former Enron chief executive Jeffrey Skilling has asked a federal judge to throw out his May conviction on fraud and conspiracy charges.Skilling, 52, was found guilty on 19 counts of fraud, conspiracy, insider trading and lying to auditors in the investigation following Enron’s collapse. He faces 20 to 30 years in prison for the charges and will be sentenced on Oct. 23.

Improving the accounting and disclosures for mergers and acquisitions by non-profit organizations is the aim of two exposure drafts released by the Financial Accounting Standards Board.

In a recent report, the Government Accountability Office said that it still has concerns about restatements to federal agencies’ previously issued financial statements. According to the document, during the 2005 fiscal year, at least seven of the 24 agencies governed by the Chief Financial Officers Act had restated their previous year’s financial statements. When the GAO went to look at the agencies’ financial statements for 2003, the office found that nine of the 11 agencies that issues restatements in 2003 had received unqualified opinions and then did not consistently communicate those restatements. The GAO has made 11 recommendations to the Office of Management and Budget aimed at further improving the restatement guidance available to agencies’ management and auditors. Since then, the OMB has said it will take the recommendations under advisement. Among the issues highlighted by the GAO were:

KPMG International will combine its member firms in the United Kingdom and Germany in an effort to makes its services more consistent and risk-free. The combined firms will operate under the name KPMG Europe LLP and remain a member of KPMG International, which said in a statement that the hope is for other KPMG member firms in Europe to eventually merge into the new entity. Besides giving the combined firm a chance to pool its talent to better serve clients, the business said the KPMG Europe will be able to present a unified voice when it comes to international standards setting. The deal is the first announced by a Big Four firm after the introduction of the European Commission’s Eighth Directive legislation, which will allow cross-border mergers between accounting firms beginning in 2007. Both Germany and Britain are expected to incorporate the directive into national laws some time next year. The Big Four currently operate as networks of national partnerships in Europe because the law in most countries prevents them from being foreign-owned. With combined revenues of more than $2.5 billion in the current fiscal year, a statement from the firm said that KPMG Europe LLP will be the largest professional services firm on the continent. More than 17,000 partners and staff will work in the firm’s 44 offices across the U.K. and Germany. The firm’s head office will be located in Frankfurt and be chaired jointly by KPMG LLP U.K. chairman John Griffith-Jones and the chairman of KPMG Deutsche Treuhand-Gesellschaft AG’s managing board Dr. Rolf Nonnenmacher. Both the German and U.K. boards have already unanimously approved the proposal, but the merger must still be okayed by the firms’ partners in December.

Apple Computer Inc. said that chief executive Steve Jobs knew about the company’s practice of backdating stock options awarded to executives, but wasn’t aware of the full accounting implications. Apple made the announcement after wrapping up a three-month internal investigation into the timing of stock option grants that resulted in the resignation of former chief financial officer Fred Anderson from its board of directors. Apple also said in a statement that it had expressed concerns to the Securities and Exchange Commission about actions, related to stock option grants, taken by two former officers.

The European Commission has rolled out a study arguing for a cap on the liabilities of auditing firms. Conducted by a London-based consulting firm, London Economics, the study says that a cap would reduce market concentration and help the Big Four firms -- which are the same across the pond as they are in the United States -- retain experienced staff. The major firms have all publicly lobbied for a cap, saying that legislating the change would shield them from the potentially ruinous lawsuits often filed in the wake of corporate scandals. According to the study, firms in the European Union currently face nearly a dozen claims ranging from costs between $220 million and $1 billion, in addition to another handful of claiming each totaling damages of more than $1billion. The study also noted that the commercial insurance taken out by the firm’s would cover less than 5 percent of some of the larger claims. The study also says that smaller accounting firms are unlikely to become a major alternative to the Big Four due to the high barriers to entry. The United Kingdom is in the process of introducing legislation that would allow auditors to ink proportionate liability agreements with corporate clients -- making them responsible for only their own errors. European Union internal market commissioner Charlie McCreevy has said he supports a fixed cap on liability claims, and the European Commission has promised to issue its own report on auditor liability before the end of the year. Caps already exist in five EU member states -- Germany, Austria, Belgium, Greece and Slovenia – however, opponents of the measure say that offering auditors the refuge of limited liability could lead to audit complacency.

A “practice privilege” requirement introduced in Illinois -- which would have required out-of-state CPAs to register with a state agency -- appears on the verge of meeting a fate close to a similar proposal in California. That fate being, in this case, compromise. Both the Illinois CPA Society and the American Institute of CPAs had objected to the new registration requirement -- with the society requesting a delay to the law’s Oct. 1 effective date and the institute voicing its concerns over the “onerous” stipulation in a Sept. 28 letter to Illinois Gov. Rod Blagojevich. Contained in a broader piece of legislation that made changes to the regulation and licensing of CPAs in the state, the Illinois Department of Financial and Professional Regulation would have required CPAs from other states to apply for temporary practice privilege or obtain full licensure as a CPA in the state of Illinois, regardless of whether the CPA or client ever entered the state. According to the AICPA, thousands of CPAs from across the country could have been impacted. On Sept. 29, the Illinois regulation department filed an emergency amendment, which read that out-of-state accountants would not have to follow the new requirement, “So long as the individual CPA is temporarily practicing in this state incidental to practice in another state and does not solicit Illinois clients nor have a physical presence in Illinois.” After much debate, a requirement that would have required out-of-state CPAs doing business in California to register with the state’s Board of Accountancy never made it out of committee this past June. Several taxpayer groups said that not requiring the registration could make it easier for accounting firms to market improper tax shelters without proper oversight. Proponents of the bill, including the state Board of Accountancy and the California CPA Society, said that their intention was merely to eliminate unnecessary red tape for neighboring accountants to provide basic services across state lines.

A yearlong audit revealed that the AFL-CIO has some tightening to do over its own internal financial controls and record keeping. A spokesman from the Labor Department saidthatthe audit found problems beyond “mere technical bookkeeping errors” -- pointing specifically to the lack of travel policy for AFL-CIO officers, poor reporting of travel expenses for spouses, improper handling of credit card charges and missing loan documents -- according to published reports. The department released a 14-page letter that suggested improvements in financial procedures for the federation, which represents more than 50 unions and 9 million workers and is one of the largest shareholders in public companies, with more than $400 billion in assets. A spokeswoman for the federation said that the group plans to comply with the department's recommendations. In a letter to the federation's executive council, federation president John Sweeney did note that the audit raised no questions regarding the federation's expenditure of funds on behalf of workers. He also took a political shot at the White House, saying that the scope of the audit reveals that, "enforcing the nation's worker protection laws has taken a back seat to union oversight in the Bush administration." Less than a month ago, the federation sent a letter to the Big Four, specifically asking for more information about the role that the major accounting firms might have played in the handling of stock options grants the government is now investigating in a separate matter.