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Message: Could a Congressman or Senator Help us find out what is happening?

Could a Congressman or Senator Help us find out what is happening?

posted on Jul 07, 2007 06:19AM

 The following is what 2 Senators were trying to do to help small businesses with Sarbanes Oxley. Would involving our congressmen be the appropriate way to start an investigation into sp manipulation?

Below is an example of how they interface:

"We need to give America's small businesses the necessary time and resources needed to successfully comply with these new regulations," said Senator Snowe. "By providing the proper tools -- such as an adequate extension, a full cost-assessment, and a compliance guide to institute these regulations -- our nation's small businesses will have what they need to effectively reduce their regulatory burden."

At a Committee hearing on April 18th and in several oversight letters, Kerry and Snowe called on the SEC and Public Accounting Oversight Board to give smaller firms up to a year extension to comply with the law and take additional steps to reduce the burdens small businesses face. Last month the SEC issued final rules for firms to follow in complying with Section 404 of Sarbanes Oxley -- which sets management and accounting reporting standards.

In a letter to SEC Chairman Christopher Cox, Kerry and Snowe requested: -- A reasonable extension for small public companies to comply with the newly issued regulations; -- A full assessment of the cost of the new rules under the Regulatory Flexibility Act before they become effective later this year; -- A small business compliance guide to be published by the SEC that would assist small companies in implementing the new internal controls requirements; and -- A regular report by the SEC's Advisory Committee on Smaller Public Companies on the impact of Section 404, as well as how the financial burden of compliance with the Sarbanes-Oxley Act may be reduced. Following is the text of the letter: June 6, 2007 The Honorable Christopher Cox Chairman U.S. Securities and Exchange Commission 450 Fifth Street, N.W. Washington, D.C. 20549 Dear Chairman Cox:

Thank you, and all of the Commissioners, for your recent efforts to finalize the management guidance on internal controls that will help small businesses better comply with the Sarbanes-Oxley Act. We support the Sarbanes Oxley Act and Section 404 on internal controls which increase the transparency of public companies' corporate governance. However, we believe that additional actions are still needed to assist small public companies with these measures.

We are concerned that the U.S. Securities and Exchange Commission (SEC) has not: (a) provided enough time for small public companies to comply with the Act's internal controls requirements, (b) published a small business compliance guide as required by the Small Business Regulatory Enforcement Fairness Act (SBREFA); and (c) failed to conduct an appropriate final analysis of the new rules' costs to small businesses as required by the Regulatory Flexibility Act (RFA).

Throughout the SEC's rulemaking process, we have carefully monitored how these rules would impact the ability of small public companies to comply with the Act's investor protections and internal controls requirements. As you know, properly implementing and calibrating internal controls will require time and repetition. Consequently, we remain convinced that small companies need additional time to evaluate and adjust for any weaknesses they find in their daily, monthly, quarterly, and annual internal controls. Therefore, we again ask for:

(1) Your assistance in providing small public companies a workable extension from these Sarbanes-Oxley regulations. We request that the SEC announce this extension within 30 days of receipt of this letter.

(2) We ask that you publish a small business compliance guide to assist small companies in implementing these new internal controls requirements, as required by Section 212 of SBREFA. We request that the SEC publish this compliance guide within 30 days of receipt of this letter so that small businesses can understand their obligations under the rule.

(3) We also request that the SEC conduct, and make publicly available, a final regulatory flexibility analysis as required by the RFA. Originally, the SEC's August 2003 analysis of Section 404 internal control requirements grossly underestimated the burden these rules would impose on small businesses. This assessment predicted that small companies would only spend an estimated $35,286 per year on internal controls compliance costs. As the SEC and the Public Company Accounting Oversight Board finish this second round of major rulemaking on internal controls, the SEC should evaluate the new rules' costs and publish an accurate assessment of what small businesses can expect to spend to comply with the new requirements. As the PCAOB's new rules have not yet been finalized by the SEC, we request that the SEC conduct and publish this final RFA analysis, which assesses the combined impact to small public companies of the management and auditors guidance, within 30 days after the SEC issues the final auditors' requirements.

(4) Finally, we request that the SEC's Advisory Committee on Smaller Public Companies report regularly to the SEC and Congress on the impact of Section 404, as well as how the financial burden of compliance with the Sarbanes-Oxley Act may be lessened within the construct of the law. These actions would help to ensure that small public companies do not suffer from additional unintended consequences which may harm their ability to compete, innovate, and grow.

Again, while we appreciate the action taken by the SEC Commissioners to finalize internal control requirements and ease the burden of Sarbanes-Oxley regulations, we believe that additional actions are needed to assist small public companies as they work toward compliance.

Thank you in advance for addressing our requests. Sincerely, John F. Kerry Olympia J. Snowe

U.S. Senate Committee on Small Business and Entrepreneurship

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