§ 7241. Corporate responsibility for financial reports
499 words·~2 min read·
/usc/title-15/section-7241A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Regulations required The Commission shall, by rule, require, for each company filing periodic reports under section 78m(a) or 78o(d) of this title, that the principal executive officer or officers and the principal financial officer or officers, or persons performing similar functions, certify in each annual or quarterly report filed or submitted under either such section of this title that—
(1)the signing officer has reviewed the report;
(2)based on the officer’s knowledge, the report does not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which such statements were made, not misleading;
(3)based on such officer’s knowledge, the financial statements, and other financial information included in the report, fairly present in all material respects the financial condition and results of operations of the issuer as of, and for, the periods presented in the report;
(4)the signing officers—
(A)are responsible for establishing and maintaining internal controls;
(B)have designed such internal controls to ensure that material information relating to the issuer and its consolidated subsidiaries is made known to such officers by others within those entities, particularly during the period in which the periodic reports are being prepared;
(C)have evaluated the effectiveness of the issuer’s internal controls as of a date within 90 days prior to the report; and
(D)have presented in the report their conclusions about the effectiveness of their internal controls based on their evaluation as of that date;
(5)the signing officers have disclosed to the issuer’s auditors and the audit committee of the board of directors (or persons fulfilling the equivalent function)—
(A)all significant deficiencies in the design or operation of internal controls which could adversely affect the issuer’s ability to record, process, summarize, and report financial data and have identified for the issuer’s auditors any material weaknesses in internal controls; and
(B)any fraud, whether or not material, that involves management or other employees who have a significant role in the issuer’s internal controls; and
(6)the signing officers have indicated in the report whether or not there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of their evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.
(b)Foreign reincorporations have no effect Nothing in this section shall be interpreted or applied in any way to allow any issuer to lessen the legal force of the statement required under this section, by an issuer having reincorporated or having engaged in any other transaction that resulted in the transfer of the corporate domicile or offices of the issuer from inside the United States to outside of the United States.
(c)Deadline The rules required by subsection
(a)shall be effective not later than 30 days after July 30, 2002.
(Pub. L. 107–204, title III, § 302, July 30, 2002, 116 Stat. 777.)
Connections52 cite this
Cited by 52 sections · top 43
CFR
- § 208.36Reporting requirements for State member banks subject to the Securities Exchange Act of 1934.
- § 335.101Scope of part, authority and OMB control number.
- § 335.801Inapplicable SEC regulations; FDIC substituted regulations; additional information.
- § 11.2Reporting requirements for registered national banks and Federal savings associations.
- § 11.1Authority.
- § 19.123Cease-and-desist authority.
register
- NoticesNotice of proposed rulemaking
- Rules and RegulationsFinal rule
- NoticesFinal rule
- Rules and RegulationsNotice of proposed rulemaking
- Rules and RegulationsFinal rule
- Proposed RulesPublication of list of rules scheduled for review
- Proposed RulesNotice of proposed rulemaking
- Rules and RegulationsFinal rule
- Rules and RegulationsInterim final rule with request for public comment
- NoticesProposed rule
- Rules and RegulationsInterim final rule; request for comment
- NoticesFinal rule; request for comment
- Rules and RegulationsNotice of proposed rulemaking
- NoticesInterim final rule with request for comment
- Proposed RulesProposed rule; interim guidance regarding filing procedures
- NoticesNotice of proposed rulemaking
- Presidential DocumentsProposed rule
- NoticesFinal rule
- Rules and RegulationsProposed rule
- NoticesNotice of proposed rulemaking
- NoticesFinal rule
- NoticesProposed rule
- NoticesInterim rule with request for comments
- Rules and RegulationsProposed rules
- Proposed RulesProposed rule
- NoticesFinal rule
- NoticesPublication of list of rules scheduled for review
- Rules and RegulationsInterim final rule; request for comment
- Rules and RegulationsFinal rule
- Rules and RegulationsFinal rule
- UnknownFinal rule
- Presidential DocumentsFinal rule
- Rules and RegulationsFinal rule
- Rules and RegulationsInterim final rule; request for comment
statute-compilations
2 references not yet in our index
- Pub. L. 107–204, title III, § 302
- 116 Stat. 777
Citation graph
cites case law
§ 7241
Corporate responsibility for financial reports
Fed. Reg.×43
C.F.R.×6
Bills×1
Stat. Comp.×1
Stat.×1
Pub. L.Pub. L. 107–204, title III, § 302
Stat.116 Stat. 777
Cites 2Cited by 52 across 5 sources