Under Act Section 103, the Board shall: (1) register public
accounting firms; (2) establish "auditing, quality control,
ethics, independence, and other standards relating to the
preparation of audit reports for issuers;" (3) inspect
accounting firms; and (4) investigate and discipline firms
to enforce compliance with the Act, the Rules,
professional standards and the federal securities
laws. This is a sea change in the US.
As to professional standards, the Board must "cooperate
on an on-going basis" with certain accountants advisory
groups. Yet, US federal government Boards do not "co-
operate" - they dictate. The Board can "to the extent that it
determines appropriate" adopt proposals by such groups.
More importantly, it has authority to reject any standards
proffered by said groups. This will then be reviewed by
the SEC, because the Board must report on its standards to
the Commission every year. The SEC may - by rule -
require the Board to cover additional ground. The Board,
and the SEC through the Board, now run the US
accounting profession.
The Board is also augments the US effort to establish
hegemony over the global practice of accounting. Act
Section 106, Foreign Public Accounting Firms, subjects
foreigners who audit U.S. companies - including foreign
firms that perform audit work that is used by the primary
auditor on a foreign subsidiary of a U.S. company - to
registration with the Board.
I am amazed that the EU was silent on this inroad to their
sovereignty. This may prove more problematic in US
operations in China. I do not think the US can force its
accounting standards on China without negatively
affecting our trade there.
Under Act Section 108, the SEC now decides what are
"generally" accepted accounting principles. Registered
public accounting firms are barred from providing certain
non-audit services to an issuer they audit. Thus, the split,
first proposed by the head of Arthur Anderson in 1974, is
now the law.
Act Section 203, Audit Partner Rotation, is a gift to the
accounting profession. The lead audit or coordinating
partner and the reviewing partner must rotate every 5
years. That means that by law, the work will be spread
around. Note that the law says "partner", not
"partnership". Thus, we are likely to continue to see
institutional clients serviced by "juntas" at accounting
firms, not by individuals. This will likely end forever the
days when a single person controlled major amounts of
business at an accounting firm. US law firms would never
countenance such a change, as the competition for major
clients is intense.
Public-domain text, read in full here on John Shaqi.
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