The Sarbanes-Oxley Act: Overview and Implementation Procedures Manual

Title IV: Enhanced Financial Disclosures

Title IV: Enhanced Financial Disclosures

Sec. 401. Disclosures in Periodic Reports

Summary

ACCURACY OF FINANCIAL REPORTS Each financial report that contains financial statements, and that is required to be prepared in accordance with (or reconciled to) generally accepted accounting principles under this title and filed with the Commission shall reflect all material correcting adjustments that have been identified by a registered public accounting firm in accordance with generally accepted accounting principles and the rules and regulations of the Commission.

Action Required

Ensure that the CFO and company accounting division are fully aware of the provisions of this section and comply with all requirements. Details should be included in the Policies and Procedures Manual in the accounting and bookkeeping section(s).

Sec. 402. Enhanced Conflict of Interest Provisions

Summary

IN GENERAL It shall be unlawful for any issuer (as defined in section 2 of the Sarbanes-Oxley Act of 2002), directly or indirectly, including through any subsidiary, to extend or maintain credit, to arrange for the extension of credit, or to renew an extension of credit, in the form of a personal loan to or for any director or executive officer (or equivalent thereof) of that issuer. An extension of credit maintained by the issuer on the date of enactment of this subsection shall not be subject to the provisions of this subsection, provided that there is no material modification to any term of any such extension of credit or any renewal of any such extension of credit on or after that date of enactment.

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