Order Regarding Review of FASB Accounting Support Fee For 2007 Under Section 109 of The Sarbanes-Oxley Act of 2002, 13143 [E7-5003]
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Dated: March 15, 2007.
Carmen C. Suro-Bredie,
Assistant USTR for Policy Coordination.
[FR Doc. E7–5032 Filed 3–19–07; 8:45 am]
BILLING CODE 3190–W7–P
SECURITIES AND EXCHANGE
COMMISSION
[Securities Act of 1933; Release No. 8789/
March 14, 2007; Securities Exchange Act
of 1934; Release No. 55469/March 14, 2007]
Order Regarding Review of FASB
Accounting Support Fee For 2007
Under Section 109 of The SarbanesOxley Act of 2002
The Sarbanes-Oxley Act of 2002 (the
‘‘Act’’) establishes criteria that must be
met in order for the accounting
standards established by an accounting
standard-setting body to be recognized
as ‘‘generally accepted’’ for purposes of
the federal securities laws. Section 109
of the Act provides that all of the budget
of an accounting standard-setting body
satisfying these criteria shall be payable
from an annual accounting support fee
assessed and collected against each
issuer, as may be necessary or
appropriate to pay for the budget and
provide for the expenses of the standard
setting body, and to provide for an
independent, stable source of funding,
subject to review by the Securities and
Exchange Commission (‘‘Commission’’).
Under Section 109(f) of the Act, the
annual accounting support fee shall not
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13143
exceed the amount of the standard
setter’s ‘‘recoverable budget expenses.’’
Section 109(h) amends Section 13(b)(2)
of the Securities Exchange Act of 1934
to require issuers to pay the allocable
share of a reasonable annual accounting
support fee or fees, determined in
accordance with Section 109 of the Act.
On April 25, 2003, the Commission
issued a policy statement concluding
that the Financial Accounting Standards
Board (‘‘FASB’’) and its parent
organization, the Financial Accounting
Foundation (‘‘FAF’’), satisfied the
criteria for an accounting standardsetting body under the Act, and
recognizing the FASB’s financial
accounting and reporting standards as
‘‘generally accepted’’ under Section 108
of the Act.1 As a consequence of that
recognition, the Commission undertook
a review of the FASB’s accounting
support fee for calendar year 2007. In
connection with its review, the
Commission also reviewed the proposed
budget for the FAF and the FASB for
calendar year 2007.
Section 109 of the Act also provides
that the standard setting body can have
additional sources of revenue for its
activities, such as earnings from sales of
publications, provided that each
additional source of revenue shall not
jeopardize the actual or perceived
independence of the standard setter. In
this regard, the Commission also
considered the interrelation of the
operating budgets of the FAF, the FASB
and the Governmental Accounting
Standards Board (‘‘GASB’’), the FASB’s
sister organization, which sets
accounting standards used by state and
local government entities. The
Commission has been advised by the
FAF that neither the FAF, the FASB nor
the GASB accept contributions from the
accounting profession.
After its review, the Commission
determined that the 2007 annual
accounting support fee for the FASB is
consistent with Section 109 of the Act.
Accordingly,
It is ordered, pursuant to Section 109
of the Act, that the FASB may act in
accordance with this determination of
the Commission.
By the Commission.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7–5003 Filed 3–19–07; 8:45 am]
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1 Financial
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Reporting Release No. 70.
20MRN1
Agencies
[Federal Register Volume 72, Number 53 (Tuesday, March 20, 2007)]
[Notices]
[Page 13143]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-5003]
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SECURITIES AND EXCHANGE COMMISSION
[Securities Act of 1933; Release No. 8789/March 14, 2007; Securities
Exchange Act of 1934; Release No. 55469/March 14, 2007]
Order Regarding Review of FASB Accounting Support Fee For 2007
Under Section 109 of The Sarbanes-Oxley Act of 2002
The Sarbanes-Oxley Act of 2002 (the ``Act'') establishes criteria
that must be met in order for the accounting standards established by
an accounting standard-setting body to be recognized as ``generally
accepted'' for purposes of the federal securities laws. Section 109 of
the Act provides that all of the budget of an accounting standard-
setting body satisfying these criteria shall be payable from an annual
accounting support fee assessed and collected against each issuer, as
may be necessary or appropriate to pay for the budget and provide for
the expenses of the standard setting body, and to provide for an
independent, stable source of funding, subject to review by the
Securities and Exchange Commission (``Commission''). Under Section
109(f) of the Act, the annual accounting support fee shall not exceed
the amount of the standard setter's ``recoverable budget expenses.''
Section 109(h) amends Section 13(b)(2) of the Securities Exchange Act
of 1934 to require issuers to pay the allocable share of a reasonable
annual accounting support fee or fees, determined in accordance with
Section 109 of the Act.
On April 25, 2003, the Commission issued a policy statement
concluding that the Financial Accounting Standards Board (``FASB'') and
its parent organization, the Financial Accounting Foundation (``FAF''),
satisfied the criteria for an accounting standard-setting body under
the Act, and recognizing the FASB's financial accounting and reporting
standards as ``generally accepted'' under Section 108 of the Act.\1\ As
a consequence of that recognition, the Commission undertook a review of
the FASB's accounting support fee for calendar year 2007. In connection
with its review, the Commission also reviewed the proposed budget for
the FAF and the FASB for calendar year 2007.
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\1\ Financial Reporting Release No. 70.
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Section 109 of the Act also provides that the standard setting body
can have additional sources of revenue for its activities, such as
earnings from sales of publications, provided that each additional
source of revenue shall not jeopardize the actual or perceived
independence of the standard setter. In this regard, the Commission
also considered the interrelation of the operating budgets of the FAF,
the FASB and the Governmental Accounting Standards Board (``GASB''),
the FASB's sister organization, which sets accounting standards used by
state and local government entities. The Commission has been advised by
the FAF that neither the FAF, the FASB nor the GASB accept
contributions from the accounting profession.
After its review, the Commission determined that the 2007 annual
accounting support fee for the FASB is consistent with Section 109 of
the Act. Accordingly,
It is ordered, pursuant to Section 109 of the Act, that the FASB
may act in accordance with this determination of the Commission.
By the Commission.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-5003 Filed 3-19-07; 8:45 am]
BILLING CODE 8010-01-P