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Sarbanes-Oxley Treatment of Public Versus Private Companies Still Unresolved
  May 28, 2003 -- With the passage of the Act, the Public Company Accounting Oversight Board (PCAOB) was created and given the right to regulate the auditors of public companies and to set auditing standards.

On April 16, 2003 , the PCAOB assumed responsibility for the audit standard setting processes for public companies.  The PCAOB has accepted existing current auditing standards and is in the process of forming an advisory board to draft new audit standards for public companies.  Prior to this decision, the American Institute of Certified Public Accountants (AICPA) was responsible for the oversight of public (as well as private) audit standard processes through the Audit Standards Board (ASB).  The ASB was responsible for setting auditing standards. 

As a result of the above, among other considerations, the key issue is whether there will be different auditing standards for public companies versus private companies.  This issue remains open as the PCAOB begins to set new auditing standards for public companies.  Currently, the ASB will continue to set auditing standards for private companies.

Accounting Standards

The Act authorizes the Security and Exchange Commission (SEC) to recognize an independent, private accounting standard setting entity.

The SEC affirmed that the Financial Accounting Standards Board (FASB) meets the required standards for recognition as the accounting standard setting group.  The FASB has been and will continue to be independent of the AICPA.


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