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ARTICLE · 12 JUNE 2020

Another Perqs Related Order From The SEC

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The Securities and Exchange Commission announced the entry of an order settling charges against a registrant relating to the failure to disclose fully perquisites and benefits provided...

United StatesCorporate/Commercial Law
Anna T. Pinedo
Anna T. Pinedo
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The Securities and Exchange Commission announced the entry of an order settling charges against a registrant relating to the failure to disclose fully perquisites and benefits provided to the former chief executive officer.  In proxy statements from 2014 through 2018, the SEC found that the registrant failed to disclose  benefits, including personal use of corporate aircraft, housing costs, club memberships, entertainment and other expenses.  A shareholder had issued a press release alleging the misuse of certain corporate assets by the executive; however, the registrant's proxy statement failed to disclose these perquisites.  The expenses were not recorded as compensation.  The books and records were inaccurate as a result and the internal accounting controls were not sufficient to provide reasonable assurance that transactions were recorded as necessary to maintain the accountability of assets.  The order found violations of Section 14(a) and Section 13(a)  of

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