SOX: Title 3 Flashcards
1
Q
Under § 301, what are the requirements of the audit committee?
A
- each audit committee member should be a member of of the board
- should be independent
2
Q
Who is required to sign off on audits?
A
CEO & CFO
3
Q
What are they certifying
A
- they’ve reviewd it
- the report does not contain or omit a material fact
- the report fairly presents the companies financials
- have designed internal controls and said controls are effective
- disclosed all significant deficiencies in design or operation
- any fraud matertial or not that involved upper mgmt
4
Q
What are the consequences under § 304?
A
reimburse the issuer for—
(1) any bonus or other incentive-based or equity-based compensation received by that person from the issuer during the 12-month period following the first public issuance or filing with the Commission (whichever first occurs) of the financial document embodying such financial reporting requirement; and
(2) any profits realized from the sale of securities of the
issuer during that 12-month period.
****if they didn’t than they may not have to give up all bonuses