The Sarbanes-Oxley Act: Overview and Implementation Procedures Manual

Appendix B: SE Act 10A

Securities Exchange Act of 1934: Section 10A Audit Requirements

In General

Each audit required pursuant to this title of the financial statements of an issuer by a registered public accounting firm shall include, in accordance with generally accepted auditing standards, as may be modified or supplemented from time to time by the Commission

  1. procedures designed to provide reasonable assurance of detecting illegal acts that would have a direct and material effect on the determination of financial statement amounts;

  2. procedures designed to identify related party transactions that are material to the financial statements or otherwise require disclosure therein; and

  3. an evaluation of whether there is substantial doubt about the ability of the issuer to continue as a going concern during the ensuing fiscal year.

  4. Required response to audit discoveries.

Investigation and Report to Management

If, in the course of conducting an audit pursuant to this title to which subsection (a) of this section applies, the registered public accounting firm detects or otherwise becomes aware of information indicating that an illegal act (whether or not perceived to have a material effect on the financial statements of the issuer) has or may have occurred, the firm shall, in accordance with generally accepted auditing standards, as may be modified or supplemented from time to time by the Commission

  1. determine whether it is likely that an illegal act has occurred; and

  2. if so, determine and consider the possible effect of the illegal act on the financial statements of the issuer, including any contingent monetary effects, such...

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