15 U.S.C. § 7262 — Management assessment of internal controls
submitted 24 years ago by Pub. L. 107-204 to r/title-15-COMMERCE-AND-TRADE · 230 words · no verdicts yet
The Commission must require annual reports to include management’s assessment of financial-reporting controls. Except for emerging growth companies and certain smaller issuers, the auditor must attest to that assessment.
(a) Rules required The Commission must prescribe rules requiring each annual report required by section 78m(a) or 78 o
(d) of this title to contain an internal control report, which must—
(1) state the responsibility of management for establishing and maintaining an adequate internal control structure and procedures for financial reporting; and
(2) contain an assessment, as of the end of the most recent fiscal year of the issuer, of the effectiveness of the internal control structure and procedures of the issuer for financial reporting.
(b) Internal control evaluation and reporting With respect to the internal control assessment required by subsection (a), each registered public accounting firm that prepares or issues the audit report for the issuer, other than an issuer that is an emerging growth company (as defined in section 78c of this title ), must attest to, and report on, the assessment made by the management of the issuer. An attestation made under this subsection must be made in accordance with standards for attestation engagements issued or adopted by the Board. Any such attestation must not be the subject of a separate engagement.
(c) Exemption for smaller issuers Subsection
(b) must not apply with respect to any audit report prepared for an issuer that is neither a “large accelerated filer” nor an “accelerated filer” as those terms are defined in Rule 12b–2 of the Commission (17 C.F.R. 240.12b–2).
The Commission shall prescribe rules requiring each annual report required by section 78m(a) or 78o(d) of this title to contain an internal control report, which shall—
state the responsibility of management for establishing and maintaining an adequate internal control structure and procedures for financial reporting; and
contain an assessment, as of the end of the most recent fiscal year of the issuer, of the effectiveness of the internal control structure and procedures of the issuer for financial reporting.
With respect to the internal control assessment required by subsection (a), each registered public accounting firm that prepares or issues the audit report for the issuer, other than an issuer that is an emerging growth company (as defined in section 78c of this title), shall attest to, and report on, the assessment made by the management of the issuer. An attestation made under this subsection shall be made in accordance with standards for attestation engagements issued or adopted by the Board. Any such attestation shall not be the subject of a separate engagement.
Subsection (b) shall not apply with respect to any audit report prepared for an issuer that is neither a “large accelerated filer” nor an “accelerated filer” as those terms are defined in Rule 12b–2 of the Commission (17 C.F.R. 240.12b–2).
Source credit: (Pub. L. 107–204, title IV, § 404, July 30, 2002, 116 Stat. 789; Pub. L. 111–203, title IX, § 989G(a), July 21, 2010, 124 Stat. 1948; Pub. L. 112–106, title I, § 103, Apr. 5, 2012, 126 Stat. 310.)
- 2002Enacted · Pub. L. 107-204 · 116 Stat. 789
- 2010Amended · Pub. L. 111-203 · 124 Stat. 1948
- 2012Amended · Pub. L. 112-106 · 126 Stat. 310
A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-204 on 2002-07-30.
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