Pub. L. 111-203, tit. IX, subtit. B, sec. 929J

EXPANSION OF AUDIT INFORMATION TO BE PRODUCED AND EXCHANGED.

EnactedYear: 2010Length: 524 wordsOfficial source
SEC. 929J. EXPANSION OF AUDIT INFORMATION TO BE PRODUCED AND EXCHANGED. Section 106 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7216) is amended—(1) by striking subsection (b) and inserting the following:“(b) Production of Documents.—“(1) Production by foreign firms.—If a foreign public accounting firm performs material services upon which a registered public accounting firm relies in the conduct of an audit or interim review, issues an audit report, performs audit work, or conducts interim reviews, the foreign public accounting firm shall—“(A) produce the audit work papers of the foreign public accounting firm and all other documents of the firm related to any such audit work or interim review to the Commission or the Board, upon request of the Commission or the Board; and“(B) be subject to the jurisdiction of the courts of the United States for purposes of enforcement of any request for such documents.“(2) Other production.—Any registered public accounting firm that relies, in whole or in part, on the work of a foreign public accounting firm in issuing an audit report, performing audit work, or conducting an interim review, shall—“(A) produce the audit work papers of the foreign public accounting firm and all other documents related to any such work in response to a request for production by the Commission or the Board; and“(B) secure the agreement of any foreign public accounting firm to such production, as a condition of the reliance by the registered public accounting firm on the work of that foreign public accounting firm.”;(2) by redesignating subsection (d) as subsection (g); and(3) by inserting after subsection (c) the following:“(d) Service of Requests or Process.—“(1) In general.—Any foreign public accounting firm that performs work for a domestic registered public accounting firm shall furnish to the domestic registered public accounting firm a written irrevocable consent and power of attorney that designates the domestic registered public accounting firm as an agent upon whom may be served any request by the Commission or the Board under this section or upon whom may be served any process, pleadings, or other papers in any action brought to enforce this section.124 STAT. 1860“(2) Specific audit work.—Any foreign public accounting firm that performs material services upon which a registered public accounting firm relies in the conduct of an audit or interim review, issues an audit report, performs audit work, or, performs interim reviews, shall designate to the Commission or the Board an agent in the United States upon whom may be served any request by the Commission or the Board under this section or upon whom may be served any process, pleading, or other papers in any action brought to enforce this section.“(e) Sanctions.—A willful refusal to comply, in whole in or in part, with any request by the Commission or the Board under this section, shall be deemed a violation of this Act.“(f) Other Means of Satisfying Production Obligations.—Notwithstanding any other provisions of this section, the staff of the Commission or the Board may allow a foreign public accounting firm that is subject to this section to meet production obligations under this section through alternate means, such as through foreign counterparts of the Commission or the Board.”.
Pub. L. 111-203, tit. IX, subtit. B, sec. 929J: EXPANSION OF AUDIT INFORMATION TO BE PRODUCED AND EXCHANGED. | Justis AI