Audit, Compliance and Risk Blog

A FIRE CODE PRIMER

Date: Wednesday, May 22, 2013
Time: 2:00 PM - 3:00 PM EDT
Free! All are welcome

Are you an employer concerned with California Code of Federal Regulation (CFR) compliance? Some recent developments at the state level may affect your operations. To learn whether you need to take action, read on!

During annual meetings, corporations consult with their stockholders about recent accomplishments, and seek approval for a range of future activities. Shareholders who don't attend still have the right to participate—in order to vote on pending issues they may assign proxies to vote on their behalf, to corporate management or other parties. State corporation laws and individual corporate charters and bylaws provide standards for proxies and proxy solicitations (many are based on the Model Business Corporation Act, section 7.22). In addition, a corporation that is publicly traded on a national securities exchange must comply with proxy rules issued by the U.S. Securities and Exchange Commission (SEC).

The Financial Accounting Standards Board (FASB) has recently clarified certain guidance relating to not-for-profit (NFP) entities. Specifically, it has issued Accounting Standards Update (ASU) No. 2012-05, Statement of Cash Flows (Topic 230), Not-for-Profit Entities: Classification of the Sale Proceeds of Donated Financial Assets in the Statement of Cash Flows, and ASU No. 2013-06, Not-for-Profit Entities (Topic 958), Services Received from Personnel of an Affiliate. The latter ASU was issued on April 19, 2013. Separately, the American Institute of Certified Public Accountants (AICPA) in March 2013 issued new guidance in the form of an updated Audit & Accounting Guide (AAG), Not-for-Profit Entities.

On April 16, 2013 the U.S. Supreme Court delivered another reminder that agreements must be drafted clearly and specifically if they are to deliver predictable outcomes – otherwise a court’s later efforts to sort through ambiguities may produce surprises. The case is U.S. Airways v. McCutchen. It arose under a medical benefits plan subject to the federal Employee Retirement Income Security Act of 1974 (ERISA).

The Insurance Services Office (ISO) has presented four major filings in commercial property, business auto, business owner’s coverage, and commercial general liability (CGL), some of which will make 2013 an interesting year for professionals whose success hinges on understanding insurance law. These are the first major new filings by the ISO in seven years.

We’ve all just received a grim reminder how easily public celebrations can become public nightmares. Readers who may now be nervous about special events in their areas should know that law enforcement and security professionals have developed security protocols that formalize hazard assessment and management. One important template for such protocols was published in 2007 by the U.S. Department of Justice (DOJ) – Planning And Managing Security For Major Special Events: Guidelines for Law Enforcement.

The Montreal Protocol on Substances that Deplete the Ozone Layer provides the international framework for protecting the earth’s stratospheric ozone layer, by identifying and minimizing emissions of ozone depleting substances (ODSs).  The original Montreal Protocol was initialed in September 1987.  The U.S. was an original signatory, ratified in 1988, and became subject to agreed-upon provisions on January 1, 1989.  Title VI of the 1990 Clean Air Act Amendments incorporates these international commitments into U.S. law, and assigns the Environmental Protection Agency (EPA) to fine-tune and enforce domestic requirements.

Many US federal laws provide explicit protections for whistleblowers – employees who report actual or potential violations of those laws to their employers or to the federal agencies that administer and enforce those laws. The Occupational Safety and Health Administration (OSHA) has administered one such provision under its general worker protection authority for more than 40 years, and presently administers provisions under 22 distinct laws. The best known and most litigated of these non-OSHA laws probably is the Sarbanes-Oxley Act of 2002 (SOx) – Section 806 of that law protects whistleblowers who report activities that may violate anti-fraud provisions of the federal Securities Acts. The rest of this posting discusses this SOx provision; readers subject to additional laws should consider the implications for their activities.

Included in the “Dodd-Frank Wall Street Reform and Consumer Protection Act” (Dodd-Frank Act), which became law in the United States on July 21, 2010, was the requirement that U.S. public companies disclose their use of “conflict minerals”—and compliance efforts must begin now. Specifically, companies must determine whether any of their products have been manufactured with any tin, tantalum, tungsten, or gold (3TG).