H.R.5405 - Competitive and Open Markets that Protect and Enhance the Treatment of Entrepreneurs Act109th Congress (2005-2006)
|Sponsor:||Rep. Feeney, Tom [R-FL-24] (Introduced 05/17/2006)|
|Committees:||House - Financial Services|
|Latest Action:||House - 05/17/2006 Referred to the House Committee on Financial Services. (All Actions)|
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Summary: H.R.5405 — 109th Congress (2005-2006)All Information (Except Text)
Introduced in House (05/17/2006)
Competitive and Open Markets that Protect and Enhance the Treatment of Entrepreneurs Act, or the COMPETE Act - Amends the Sarbanes-Oxley Act of 2002 regarding the management assessment of internal controls in the annual report of each issuer of registered securities to require certain rules of the Securities and Exchange Commission (SEC) to permit a small public company to elect voluntarily not to provide in its annual report an assessment of (or a related public accounting firm attestation concerning) the effectiveness of its internal control structure and financial reporting procedures, if it meets specified size criteria. Includes among such criteria: (1) total market capitalization of less than $700 million; (2) total product revenue of less than $125 million; and (3) fewer than 1500 record beneficial holders.
Requires SEC rules to provide for random audits after the first year for which an attestation and report of such a small public company is made by a registered public accounting firm.
Directs the SEC and the Public Company Accounting Oversight Board (Board) to: (1) alter the standard for review from a remote likelihood standard for noting weaknesses to a 5% de minimus material weakness criterion (based on 5% of net profits); (2) establish specific guidelines for measuring certain terms; and (3) modify independence rules to allow prudent interaction between registered public accounting firms performing such assessments and internal consultants.
Directs the SEC and the Board to: (1) jointly study and report to Congress on the principles-based Turnbull Guidance under the securities laws of the United Kingdom; and (2) compare and contrast such principles to the implementation of Sarbanes-Oxley requirements.