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ARTICLE · 03 JANUARY 2020

SEC Proposes Updating "Auditor Independence" Framework

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The SEC proposed updating its "auditor independence" rules and codifying certain staff consultations.

United StatesCorporate/Commercial Law

The SEC proposed updating its "auditor independence" rules and codifying certain staff consultations.

According to the SEC, the proposed amendments to Rule 2-01 of Regulation S-X would, among other things:

  • clarify certain affiliate relationships in common control scenarios;
  • lessen the look-back period for domestic first-time filers when assessing compliance with the independence requirements;
  • expand the categorical exclusions from independence-impairing lending relationships to include certain student loans and de minimis consumer loans;
  • replace the reference to "substantial stockholders" under the "business relationship rule" with a substantial influence analysis; and

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