Share on LinkedInShare on LinkedIn

ARTICLE · 02 JULY 2019

SEC Amends "Auditor Independence" Rules Clarifying Debtor-Creditor Relationships

Hogan Lovells Cadwalader
Hogan Lovells Cadwalader
Contributor
Hogan Lovells Cadwalader

Hogan Lovells Cadwalader

Hogan Lovells Cadwalader is a global law firm trusted by clients to deliver on complex, high-stakes...

View firm profile
Explore more from Hogan Lovells Cadwalader

The SEC adopted Rule 2-01(c)(1)(ii)(A) of Regulation S-X (the "Loan Provision") to change the interpretation of "auditor independence"

United StatesCorporate/Commercial Law

The SEC adopted Rule 2-01(c)(1)(ii)(A) of Regulation S-X (the "Loan Provision") to change the interpretation of "auditor independence" when the auditor has a lending relationship with the shareholders of an audit client.

The Loan Provision amendments are intended to better identify debtor-creditor relationships that could impair an auditor's ability to be objective. The amendments include:

1. refocusing analysis on beneficial ownership rather than record ownership;

2. replacing the 10-percent bright-line shareholder ownership test with a "significant influence" test;

3. adding a "known through reasonable inquiry" standard when identifying beneficial owners of the audit client's equity securities; and

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.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from