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Small Public Companies Need to Strategize How They will Address SOX 404 Compliance
 

September 29, 2004 -- At the SEC’s Annual Government-Small Business Forum on Capital Formation (“Forum”), held on September 20, 2004 at the SEC’s headquarters for the first time, a topic receiving a great deal of discussion and attention was the state of readiness for compliance with Section 404 of the Sarbanes-Oxley Act of 2002 (“SOX 404”) by small public companies.

Many of the management of the small public companies in attendance expressed concern in dealing with the costs of compliance with the Sarbanes-Oxley Act in its entirety.  The data accumulated and distributed at the Forum included the following estimated costs and resource required:

Company Size (Annual Revenue in $)

Annual Costs of Compliance (in $)

Company Hours Expended on Compliance

$25 to $99 million

$740,000

3,080

$100 to $499 million

$780,000

5,100

$500 to $999 million

$1 million

6,900

Additionally, the costs and efforts of compliance with SOX 404 are exceeding companies’ original estimates.  The following information is based on surveys performed by the Financial Executive Institute of its public company membership with annual revenues less than $100 million, in January 2004 and July 2004:

 

January 2004

July 2004

Number of internal hours required to comply with SOX 404

 

1,025

 

2,143

External consulting hours required to comply with SOX 404

 

505

 

837

Cost of external consulting to comply with SOX 404

 

$136,000

 

$192,000

Additional cost of attestation report by independent auditor required by SOX 404

 

38%

   

53%

Expected average cost of annual audit and SOX 404 attestation

 

$185,400

 

$259,500

For small public companies which have not begun to strategize how they will address SOX 404 compliance, the clock is ticking!  The time for planning and action is now.  Waiting until next year may be too late–do not be left without having access to the appropriate resources.     

For more information, contact Joe Beach at 215-564-1900.

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