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薩班斯法案英文版全文-資料下載頁

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【正文】 ary or appropriate, delegation by the Board of any of its functions to anindividual member or employee of the Board, or to a divisionof the Board, including functions with respect to hearing, determining, ordering, certifying, reporting, or otherwise acting asto any matter, except that—(A) the Board shall retain a discretionary right toreview any action pursuant to any such delegated function,upon its own motion。(B) a person shall be entitled to a review by the Boardwith respect to any matter so delegated, and the decisionof the Board upon such review shall be deemed to bethe action of the Board for all purposes (including appealor review thereof)。 and(C) if the right to exercise a review described insubparagraph (A) is declined, or if no such review is soughtwithin the time stated in the rules of the Board, thenthe action taken by the holder of such delegation shallfor all purposes, including appeal or review thereof, bedeemed to be the action of the Board。(3) establish ethics rules and standards of conduct for Boardmembers and staff, including a bar on practice before theBoard (and the Commission, with respect to Boardrelated matters) of 1 year for former members of the Board, and appropriateperiods (not to exceed 1 year) for former staff of the Board。and(4) provide as otherwise required by this Act.(h) ANNUAL REPORT TO THE COMMISSION.—The Board shall Deadline. submit an annual report (including its audited financial statements) to the Commission, and the Commission shall transmit a copyof that report to the Committee on Banking, Housing, and UrbanAffairs of the Senate, and the Committee on Financial Servicesof the House of Representatives, not later than 30 days after thedate of receipt of that report by the Commission.SEC. 102. REGISTRATION WITH THE BOARD. 15 USC 7212. (a) MANDATORY REGISTRATION.—Beginning 180 days after the date of the determination of the Commission under section 101(d), it shall be unlawful for any person that is not a registered publicaccounting firm to prepare or issue, or to participate in the preparation or issuance of, any audit report with respect to any issuer.(b) APPLICATIONS FOR REGISTRATION.—(1) FORM OF APPLICATION.—A public accounting firm shall use such form as the Board may prescribe, by rule, to apply for registration under this section.(2) CONTENTS OF APPLICATIONS.—Each public accounting firm shall submit, as part of its application for registration,in such detail as the Board shall specify—(A) the names of all issuers for which the firm preparedor issued audit reports during the immediately precedingcalendar year, and for which the firm expects to prepareor issue audit reports during the current calendar year。 116 STAT. 754 PUBLIC LAW 107–204—JULY 30, 2002(B) the annual fees received by the firm from eachsuch issuer for audit services, other accounting services, and nonaudit services, respectively。(C) such other current financial information for themost recently pleted fiscal year of the firm as theBoard may reasonably request。(D) a statement of the quality control policies of thefirm for its accounting and auditing practices。(E) a list of all accountants associated with the firmwho participate in or contribute to the preparation of audit reports, stating the license or certification number of each such person, as well as the State license numbers of the firm itself。(F) information relating to criminal, civil, or administrative actions or disciplinary proceedings pending againstthe firm or any associated person of the firm in connection with any audit report。(G) copies of any periodic or annual disclosure filedby an issuer with the Commission during the immediatelypreceding calendar year which discloses accounting disagreements between such issuer and the firm in connectionwith an audit report furnished or prepared by the firmfor such issuer。 and(H) such other information as the rules of the Boardor the Commission shall specify as necessary or appropriate in the public interest or for the protection of investors.(3) CONSENTS.—Each application for registration under this subsection shall include—(A) a consent executed by the public accounting firmto cooperation in and pliance with any request fortestimony or the production of documents made by theBoard in the furtherance of its authority and responsibilities under this title (and an agreement to secure andenforce similar consents from each of the associated persons of the public accounting firm as a condition of their continued employment by or other association with such firm)。and(B) a statement that such firm understands and agreesthat cooperation and pliance, as described in the consent required by subparagraph (A), and the securing andenforcement of such consents from its associated persons,in accordance with the rules of the Board, shall be acondition to the continuing effectiveness of the registrationof the firm with the Board.(c) ACTION ON APPLICATIONS.—Deadline. (1) TIMING.—The Board shall approve a pleted application for registration not later than 45 days after the dateof receipt of the application, in accordance with the rules ofthe Board, unless the Board, prior to such date, issues a written notice of disapproval to, or requests more information from,the prospective registrant. (2) TREATMENT.—A written notice of disapproval of a pleted application under paragraph (1) for registration shallbe treated as a disciplinary sanction for purposes of sections105(d) and 107(c).(d) PERIODIC REPORTS.—Each registered public accounting firm shall submit an annual report to the Board, and may be required PUBLIC LAW 107–204—JULY 30, 2002 116 STAT. 755 to report more frequently, as necessary to update the informationcontained in its application for registration under this section, andto p
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