Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 01 DECEMBER 2023

Drafting And Negotiating Effective Audit Provisions

Outside GC
Explore more from Outside GC

Drafting an effective audit provision in a legal contract is essential to ensuring both transparency and accountability in business relationships.

United StatesAccounting and Audit
Bradford C. Auerbach
Bradford C. Auerbach
Author LinkedIn connections

Drafting an effective audit provision in a legal contract is essential to ensuring both transparency and accountability in business relationships. Unfortunately, audit provisions are sometimes overlooked as simple 'boilerplate' or standard clauses, which can be a costly error, especially in sales, distribution, and licensing agreements where revenue is based on the sale of goods or services. Whether you are a legal professional or a business owner, audit provisions should be approached thoughtfully in order to protect the contractual right to inspect certain records and increase the likelihood of accurate bookkeeping by the opposing party.

Below are some key considerations to keep in mind when crafting or negotiating an audit provision as the potentially audited party:

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

SEC Staff Statement On Fair Value Measurement And Disclosure Considerations For Private Assets

The SEC Staff has issued new guidance addressing fair value measurement and disclosure practices for private credit and other illiquid assets held by registered funds and business development companies. As private credit portfolios have grown nearly 60% since 2020, reaching $270 billion, regulators emphasize the critical importance of robust valuation methodologies, transparent disclosure of significant judgments, and careful application of accounting standards when market prices are unavailable.
United StatesAccounting and Audit
Mayer Brown
Mayer Brown
Article

FASB Proposes New Guidance On Stablecoin Classification As Cash Equivalents And Enhanced Disclosure Requirements

On August 18, 2026, the Financial Accounting Standards Board (“FASB”) issued a proposed accounting standards update (“ASU”) titled Statement of Cash Flows (Topic 230): Cash Equivalents—Disclosure Enhancement and Evaluation of Certain Digital Assets. The proposed ASU seeks to clarify whether certain digital assets meet the definition of “cash equivalents” on the balance sheet, and to increase the transparency of the significant components of “cash equivalents.”
United StatesAccounting and Audit
Mayer Brown
Mayer Brown
Article

CAS Board Raises Contract Thresholds To $35 Million And Eliminates CAS 407: What Federal Contractors Need To Know As DoW Demands Cost And Pricing Transparency

The CAS Board has raised contract thresholds to $35 million and eliminated CAS 407, fundamentally changing cost accounting requirements for federal contractors. At the same time, the Department of War is demanding unprecedented cost and pricing transparency through new memoranda requiring actual cost information for negotiations valued at $10 million or more, creating a complex landscape where contractors face fewer formal CAS requirements but heightened scrutiny of their pricing data.
United StatesAccounting and Audit
Bass, Berry & Sims PLC
Bass, Berry & Sims PLC
Article

2026 GAAP Changes: What Your Finance Team Should Address Before Year-End

Finance teams face critical implementation challenges as new GAAP amendments take effect for 2026, requiring immediate attention to accounting policies, documentation standards, and system readiness. Are your financial reporting processes prepared to handle expanded disclosure requirements, CECL practical expedients, and internal-use software accounting changes before year-end audit fieldwork begins?
United StatesAccounting and Audit
MGO CPA LLP
MGO CPA LLP
Article

How OIG Used Data Analytics And Extrapolation In A $12.4 Million Hospital Audit

An HHS Office of Inspector General audit of Methodist Hospital in San Antonio reveals how a review of just 100 claims led to a $12.4 million overpayment recommendation through statistical extrapolation. The audit targeted specific high-risk billing areas including Inpatient Rehabilitation Facility claims, certain diagnosis-related groups, and outpatient billing patterns, uncovering documentation and coding compliance issues that hospital leadership should examine within their own Medicare claims.
United StatesAccounting and Audit
Butler Snow LLP
Butler Snow LLP