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t: Types of ethical dilemmas
Mastery
67%
Questions
1
2
3
Materials on the concept:
Typical Moral Dilemmas Confronting Business Communicators
Ethics and Law for Management Communication
Top of Form
1.
As part of an effort to hire younger workers, a multinational organization assures applicants that
they will get to visit its offices in other countries and work with the employees there. However, only
two out of every nine workers actually get selected for such projects. What moral dilemma best fits
this scenario?
A.
unethical company practices
B.
company allegiances
C.
outright lies
D.
cosmetic half–truths
Bottom of Form
Incorrect :
A cosmetic half–truth involves emphasizing a small part of the truth to make it seem more
significant ... Show more content on Helpwriting.net ...
Most companies have policies in place detailing how such information can be used.
Materials
You and Your Employees
Top of Form
6.
Gabriel's job involves overseeing business correspondence between his company and various
governmental agencies. The passage of a certain act made this correspondence available for public
scrutiny, and so Gabriel must ensure that all communication satisfies government requirements
without divulging valuable company secrets. Which of the following acts made this correspondence
available to the public?
A.
The Family Educational Rights and Privacy Act
B.
The Freedom of Information Act
C.
The Equal Employment Opportunity Act
D.
The Civil Rights Act
Bottom of Form
Correct :
All business documentation routinely collected by the government may now be available to the
public, following the passage of the Freedom of Information Act.
Materials
You and the Government
Concept: Recognizing cultural differences
Mastery
67%
Questions
7
8
9
Materials on the concept:
Understanding the Concept of Culture
Developing Cultural Competency
Overcoming Ethnocentrism and Stereotyping
Contextual Differences
Top of Form
7.
Which of the following terms refers to a shared system of symbols, beliefs, attitudes, values,
expectations, and norms for behavior?
A.
Demographics
B.
Commerce
C.
Persona
D.
Culture
Bottom of Form
Correct :
Culture is a system of beliefs, attitudes, values, and expectations of behavior that everyone in a
particular society
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Ebay Case Study E-Commerce
eBay Case Study E–commerce eBay Strategy Case Study prepared for E–business, Internet
Marketing and E–commerce lecturers and students. Last update, March 2009. Case Study: eBay
thrives in the global marketplace I recommend students researching eBay checkout the latest eBay
statistics and business strategies from their SEC filings. The annual filings give a great summary of
eBay business and revenue models. Alternatively filings are included in the eBay press releases
which also have info on new company acquisitions. SEC is the Securities and Exchange
Commission (SEC) which is a government agency for which companies have to submit an open
evaluation of their business models and marketplace conditions. eBay also have a summary of ...
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In January 2008, "eBay announced significant changes to it¶s Marketplaces
business":http://investor.ebay.com/releasedetail.cfm?ReleaseID=290446 in three major areas: fee
structure, seller inc entives and standards, and feedback. These changes have been controversial
with some sellers, but are aimed at improving the quality of experience. Detailed Seller Ratings
(DSRs) enable sellers to be reviewed in four areas: (1) item as described, (2) communication, (3)
delivery time, and (4) postage and packaging charges. This is part of a move to help increase
conversion rate by increasing positive shopping experiences. Powersellers with positive DSRs will
be featured more favourably in the search results pages and will gain additional discounts. eBay
Competition Although there are now few direct competitors of
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Macy's Financial Analysis
Background Information Macy's, Inc. is a retail organization incorporated in Delaware and has
Executive offices in Ohio. As of January 2014, Macy's has 840 department stores located in urban
and suburban area across the United States. Macy's, Inc. is in 45 states and the District of Columbia,
Guam and Puerto Rico (SEC Filing, 2014). Macy's sells a wide variety of merchandise such as:
apparel, cosmetics, home furnishings and other consumer goods. Each store is differs in size and
merchandise according to area demographics. Figure 1 represents the merchandise category
percentages based on 2013 sales. The retail industry is very competitive. Macy's competes with
many of different retail and department stores. Some of the competitor retailers ... Show more
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Sales from existing stores declined 1.4% in the period. Macy's total sales declined to $6.2 billion in
the three months through Nov. 1, compared to $6.3 billion a year ago. Macy's revised its estimated
earnings to $4.25 to $4.35 per share, a decrease from the previous estimate of $4.40 to $4.50 per
share. Additionally, sales predictions were also revised to reflect lower figures of 0.7% to 1%. These
figures exclude recently opened and closed stores during the year. Their Gross margin for the
current quarter still remains flat at a 39.2%. The company has accomplished savings of $100 million
per year by cutting jobs (Kapner,
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Oil And Gas Extraction Essay
Oil and Gas Extraction The oil and gas industries involve a high amount of documentation for both
transportation as well as extraction and field services. Activities are highly regulated, and subject to
oversight from Federal Energy Regulatory Commission (FERC), the Department of Transportation
(DoT), the Environmental Protection Agency (EPA), and the Department of the Interior (DoI). That
said, the process of regulation is trending toward a more digitized system, with organizations like
FERC having their own submission portals that implement a "fill–in–the–blank" platform to
complete forms. However, not all forms have yet been converted to digital submission even in
agencies with online portals, and other agencies still remain reliant on ... Show more content on
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Forms are same but the way you submit them differ between states. SEC Filing Overview Publically
traded companies are required to fill out annual forms. Examples of documents include: 10–K, 10–
Q, 8–K, S–1, S–3, S–4, S–8, 11–K. These forms are submitted to the SEC via EDGAR through a
combination of HTML and XML. Certain documents, such as 10–K, 10–Q, S–1 are unfortunately
unable to be automated. These documents, although have certain requirements, are very much left to
the discretion of the investor relation head. Firms have the capacity to disclose as much information
as they want. On a similar vein, 8–K are simply press statements that are once again left to investor
relations to decide how much they want to disclose. There are certain tools in the market that
currently help automate certain parts of these processes. Upsolve has the capacity to automate some
of these key documents. Given Upsolve's ability to process and automate filings, the financial
industry is an extension of core competencies. Upsolve would be responsible for
... Get more on HelpWriting.net ...
Initial Public Offering Paper
Initial Public Offering Paper
Initial Public Offering
In this paper the questions regarding a businesses decision to go public will be addressed. Recent
changes such as Sarbanes–Oxley governance ruling have had significant impact on the planning and
execution of IPO's however, going public still remains the best route to additional capital for a
company. We will also take a look at Google's successful rollout of their public offering. However
first we need to look at what it takes for a company to go public. In the text of the Fundamentals of
Corporate Finance the initial description of IPO succinctly captures the essence of need and
subsequent process of an IPO.
Firms issue shares of common stock to the public when they need to ... Show more content on
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After the SEC approves of the corporation's full disclosure, the corporation and the underwriter
decide on the price and date of the IPO; the IPO is then conducted on the determined date. IPOs are
sometimes postponed or even withdrawn in poor market conditions. (Investors Guide, 2006)
A small business to pay anywhere from $50,000 and $250,000 to prepare and publicize an Initial
Public Offering. The most common known direct costs of IPO are multiple, filing fees, legal fees
and taxes, there are however some additional costs. "A small business owner should not be surprised
if the cost of an IPO claims between 15 and 20 percent of the proceeds of the sale of stock. Some of
the major costs include the lead underwriter's commission; out–of–pocket expenses for legal
services, accounting services, printing costs, and the personal marketing "road show" by managers;
.02 percent filing costs with the SEC; fees for public relations to bolster the company's image; plus
ongoing legal, accounting, filing, and mailing expenses."(Answers.com) Even with all these
expences it is possible for the additional fees to come up of for the IPO not to take place at all.
When sale does take place it is common for underwriters offer IPO shares at a discounted price to
ensure an increase in stock price during the period immediately following the offering. This discount
allows the transfer of wealth from the initial investors to new investors. Under pricing is the pricing
of
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Securities Exchange Act Of 1934 Essay
From my research, I would like to briefly talk about some general idea of the securities exchange act
of 1934. Firstly, in response for the Stock Market Crash of 1929. Securities exchange act of 1934
was established on June 6,1934, is a law governing the secondary trading of securities in the United
States of America. The act of 1934 and related statutes form the basis of regulation of the financial
markets and their participants in the united states. The main purposes of the Securities and Exchange
Acts is to prevent the insider stock price manipulation, place the margin buying of stocks under
tighter restrictions, and end misrepresentation of stock values by requiring full disclosure of
information related to the securities sold on the stock exchanges. It gave the federal government's
regulatory responsibilities in called laissez–faire economy. ... Show more content on Helpwriting.net
...
So the investors can check this information easily. In this way, investors gain more confidence about
the securities market and is a good to rebuild the economy. Also there is one coincident thing of the
SEC is the first chairman of the SEC was Joseph P. Kennedy, father of future president John F.
Kennedy. According to the information which I found, the main purposes of the securities exchange
act of 1934 is ensuring greater financial transparency and accuracy and less fraud or manipulation.
All this purposes of the securities exchange act of 1934 is to ensure environment of fairness and
investor confidence. The act highly focuses on the insider trading, the SEC promoted the values of
full disclosure for investors in insure a high standard of fairness and ethical business dealing in the
securities exchange market. Specific fraud and manipulation prohibitions supported the exchange
act's disclosure
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HELI Case Summary
As has happened in USA in the following cases: On March 21, 2011, the SEC suspended trading in
HELI because questions had arisen regarding the accuracy and completeness of information
contained in HELI's public filings concerning, among other things, the company's cash balances and
accounts receivable. HELI also failed to disclose that its independent auditor had resigned due to
accounting irregularities. On April 1, 2011, the SEC suspended trading in CHJI because questions
had arisen regarding the accuracy and completeness of information contained in CHJI's public
filings concerning, among other things, the company's financial statements for 2009 and 2010. CHJI
also failed to disclose that it filed its most recent Form 10–Q without the
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Incorporation Case Study
V. Discuss, in detail, how this entity is taxed (if at all) and what filing requirements it has with the
IRS (discuss only for the entity you have recommended).
The filing will be done with the IRS in the state which the business is formed. Articles of
Incorporation would be filed with the state, and the owners would apply for a federal ID number.
They would then file form 8832 and choose S corporation status. The company would then file as
Company X, LLC, but would file an 1120S each year, which is the corporate tax return and is
prepared for each individual shareholder and identifies the percentage of company shares owned by
the individual for the tax year. Each member would then receive a K–1 with the appropriate
percentage of income or ... Show more content on Helpwriting.net ...
They will have the pass–through of income, avoiding double taxation, same as if the LLC was
treated as partnership. Besides to the IRS, your business will exist separate and independent from its
owners. Therefore, the business entity can pay wages and salaries to the owners. As it is treated as
an S corporation may provide opportunities for tax planning to minimize the overall tax liability the
business and would allow the business to take certain fringe benefits, too.
Tax Laws: An LLC can elect under the check–the–box rules to be classified as a corporation. So it
transfers all assets and liabilities to the corporation in exchange for the corporation's stock and then
(2) distribute the stock to its owners in complete liquidation (Regs. Sec. 301.7701–3(g)(1)). The
deemed transfer to the corporation is tax free, assuming Sec. 351(a) applies and the LLC's liabilities
do not exceed the basis of its assets. The LLC can then elect S status, assuming that its members are
eligible to hold S corporation stock (Regs. Secs. 1.1361–1(c) and
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10k Executive Summary
The mission of the U.S. Securities and Exchange Commission is to protect investors; maintain fair,
orderly, and efficient markets; and facilitate capital formation (U.S. Securities and Exchange
Commission, n.d.). In order to protect investors, the SEC mandates certain filings to be made by
public companies in order to disclose information relevant to the going concern of the company.
These disclosures are pertinent in making investment decisions by the users of these statements.
Forms 10–K, 10–Q, and 8–K are required fillings of publicly held companies where the 10–K is
filed annually with audited financial statements along with a business summary, the financial results,
corporate governance issues and exhibits; the 10–Q is a simplified ... Show more content on
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This description of the company will include what types of products and services are provided by
the company, if the company owns any subsidiaries including a description of each, and what type
of market the company operates in. An investor will also find discussions about direct competitors,
any specific regulations that apply to the company or industry, any labor issues, and any other
information that would be pertinent to know about the operating health of the company. Also
included in the business summary are the most significant risks that apply to the company itself, the
industry it operates in, the region it conducts business in, or the entire economy. Unresolved
comments from the SEC staff on previously filed reports will be found in the business summary
section of the 10–K. Unresolved comments include any inquiries the SEC may have raised about
previously filed statements that have yet to be resolved at the time of the company's current filing of
the 10–K (U.S. Securities and Exchange Commission, 2011). Two final sections included in the
business summary are a detailed listing of any significant properties the company owns and any
significant pending legal
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Ms Helane Morrison Case Summary
CCO's to come under More Scrutiny and a Perspective on Ms Helane Morrison The much
anticipated Chief Compliance Officer (CCO) scrutiny in 2016 and possible enforcement action
could spell changes for institutional investors, a report by Hazel Bradford of Pionline.com indicates.
The changes are going to happen because institutional investors will be closely monitored by
compliance experts. Compliance officer typically help organizations identifying risks and formulate
response. Regulatory organizations such as the New York based Regulatory Fundamentals Group
LLC, is determined to assist organizations to articulate their expectations and correct failures to
meet the expectations. The President of investment Adviser Association in Washington, Karen Barr
avers that Sec's oversight tone on compliance officers is beginning ... Show more content on
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In the former case, BlackRock and the conpnay Chief Compliance Officer at the time paid penalty
charges amounting to $12 million and $25,000 respectively. In the latter case, SFX paid $150,000,
while its Chief Compliance Officer paid $25,000. Analysts expect things to get tougher in 2016,
once SEC completes a proposed program that would target money managers in mandatory third–
party compliance reviews. Helane L. Morrison is one of the most outstanding female Chief
Compliance Officers who have done a lot to improve work efficiency and productivity in the
financial sector. She is the MD, General Counsel and CCO of the San Francisco based Hall Capital
Partners LLC. According to HallCapital.com, before joining Hall Capital in 2007, Morrison was the
head of SEC in San Francisco from 1999. As the Regional Director and District Administrator, Ms.
Morrison was responsible for a number of operations including regulatory services, securities
enforcement and
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The Process of Ipo
A Guide to the Initial Public Offering Process
Katrina Ellis
(kle3@cornel.edu)
Roni Michaely
(rm34@cornell.edu)
and
Maureen O'Hara
(mo19@cornell.edu)
January 1999
*All Authors are from Cornell University, Johnson Graduate School of Management,
Cornell University Ithaca NY 14853. Michaely is also affiliated with Tel–Aviv University.
A Guide to the Initial Public Offering Process
A milestone for any company is the issuance of publicly traded stock. While the motivations for an
initial public offering are straightforward, the mechanism for doing so is complex. In this paper, we
outline the process by which companies are brought to market in an initial public offering. Our goals
here are to delineate the specific steps ... Show more content on Helpwriting.net ...
The remaining portion of the gross spread (approximately 20%) is used to cover underwriting
expenses (underwriter counsel, road show expenses, etc.). If anything remains after deducting all
expenses, it is divided proportionately among the underwriter and syndicate members depending on
the amount of securities each underwrote. One of the lead underwriter's first–agenda items (usually
before any significant expenses have been incurred) is to draft a letter of intent. Indeed, an important
aspect of the letter of intent is to protect the underwriter against any uncovered expenses in the event
the offer is withdrawn either during the due diligence and registration stage, or during the marketing
stage. Thus, the letter of intent contains a clause requiring the company to reimburse the underwriter
for any out–of–pocket expenses incurred during the process. Another important aspect of the letter is
the gross spread or the underwriting discount. In most cases, the gross spread is 7% of the proceeds
(see Chen and Ritter, 1998 for an excellent discussion of the uniform size of the gross spread). The
letter also typically includes: a commitment by the underwriter to enter into a firm commitment
agreement (or other underwriting agreements, as the case may be); an agreement by the company to
cooperate in all due diligence efforts, and to make available all relevant
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Def 14a Proxy Statement
I chose to summarize the DEF 14A file, also known as the proxy statement. A proxy statement
provides information to shareholders about the company and its upcoming proposals being voted on
at the next meeting. According to the SEC, "a company is required to file its annual proxy statement
with the SEC no later than the date proxy materials are first sent or given to shareholders." In order
to help shareholders, make informed decisions about upcoming proposals, companies are required
by the 1934 securities act to disclose the information provided by the DEF 14A filing. Netflix Inc.
proxy statement filed on April 4th 2016, provides information to current shareholders about
proposals that will be voted on at the next annual meeting. The proxy statement provides
shareholders with information about the company, such as who is on the Board of directors, current
executives, and what their compensation is. The statement lists 5 upcoming proposals ... Show more
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The statement explains the company's compensation philosophy and what the compensation
program centers around. According the company's philosophy, the compensation for named
executive officers is made up of three components; salary, stock options, and performance–based
bonuses. The fourth proposal to vote on is proposed by a stockholder. Southwest Regional Council
of Carpenters Pension fund who is the beneficial owners of less than 100 shares, proposes for a
director election majority vote standard. The company lists reasons as to why that is not a good fit
for the board and recommends shareholders to vote against the proposal. The proxy statement lists
three other stockholder proposals to vote on, if they are presented at the upcoming annual meeting.
The board recommends that the shareholders vote against all the three proposals and gives
explanations for what is best for the
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Service Agreement For Cherry Creek Concierge
Service Agreement
This agreement is made and entered into between Cherry Creek Concierge (Provider) and Zocalo
Community Development (Client) for On–site concierge services at Coda located at 100 Steele St.
Denver, Co 80206
Effective the 17th day of October, 2016
Term of this agreement 12 months
The beginning date of on–site services is to be set by the client, the provider agrees to work off–site
and not bill the client until the provider begins the on–site portion of this agreement.
BACKGROUND: A. The Client is of the opinion that the Provider has the necessary qualifications,
experience and abilities to provide services to the Client. B. The Provider is agreeable to providing
such services to the Client, on the terms and conditions ... Show more content on Helpwriting.net ...
The Client shall provide one dedicated onsite parking space .
Termination of contract:
If and when this agreement is terminated there shall be a 30–day written notice. With the 30–day
written notice all tangible and intellectual property that belongs to the Client shall be surrendered.
Any monies owed the Provider shall be paid in full in the same 30–day period. Any proprietary or
intellectual property that is not directly related to resident information shall remain with the
Provider.
On–Site Coverage:
It is hereby agreed that the Provider will provide on–site concierge coverage for the following hours.
Monday – Sunday 6:00 pm – 12:00 am When the concierge is away from the desk or not in the
office they are always available via phone.
Payment for services:
The Client and Provider hereby agree to the following payment schedule,
The Client shall pay the Provider the following amounts on a monthly basis per the Client's payment
cycle via direct deposit to the Provider's bank account.
Up to 50% leased $1900 per month
50% – 90% leased $3800 per month 95% leased $9050.per month.
The base pay is on total units not on leased
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The Importance Of Containation In A Regulated Industry
An approval from directors of each corporations is required in the transaction of a merger plan.
Additionally, the approval should be filed with the state officials which will issue a certificate of
merger to the surviving company. In a regulated industry, a company requires approval of
acquisition from a regulator and the likelihood and speed of antitrust or regulatory approval might
be affected by how merger trends in its industry (AKD, n.d.). Antitrust approvals prevents illegal
practices that are price–fixing and mergers conspired by companies who want to achieve monopoly
power. This would decrease the competitive vigor of the markets. Therefore, antitrust approval is
necessary in an open market because a competitive market lower ... Show more content on
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For stocks, regulation allows the investors to receive related materials, holdings, and the identity
about the entities. Under the rule of the SEC, there is several requirements of shareholder disclosure
such as disclosure request from fund managers and issuers as well as funds that are entitled to obtain
beneficial owner information. The rules also states that no information available on the risk incurred
in situations of violation by shareholders or investors. However, registration requirement with the
SEC is a burden for small business, and thereby securities issued up to $5 million are not required to
register with the SEC (Important Notes, 2016). 6. What Regulatory Filings are required? Form S–4
is required for companies to register with the U.S Securities and Exchange Commission (SEC) to
issue securities in business combination transaction ("SEC Form S–4", 2008). Public companies
should make the SEC filings for any true material information related to merger or acquisition
activity. Also, the fact that how market trends in the industry might affect the speed of issue for
companies. Moreover, the form is also submitted by companies undergoing an exchange offer. Form
S–4 allows investors to get financial and operational information regarding securities issued, and to
prevent them from fraud in the sale of the securities ("SEC Form S–4", 2008). After registering with
the SEC, public owned companies should prepare annual report on Form
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The Information System Of An Electronic Records Management...
The term Electronic Records Management (ERM) System refers to a technological program or
group of programs that are created with the intention of tracking and maintaining records on a
computer. The software can be utilized in a way to achieve the construction and conservation of
archives within cataloging arrangements, apply retaining and disposing timetables, and govern how
it is accessed and used. An ERM system should possess the capability to retain records made by the
applications and systems of the company. An ERM system should be able to maintain records, as
well as all metadata, and sort it within a specific method of classification. Records kept in electronic
form have different metadata from records kept in physical form, and as ... Show more content on
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Due to the rising popularity of Electronic Records Management systems, the goal of a paperless
office continues to get closer. ERM has the ability to utilize scanners to make digital copies of every
document. These documents are then coded and attached to specific files or accounts and optical
character reading (OCR), systems are used to provide insight into the contents of each page. From
the time it enters the organization; the digital version of the document is stored and filed for future
use.
ERM allows a document to become accessible from any computer by an authorized employee from
the moment the document is scanned. This is much easier than having an employee access a
traditional paper file, which has to be kept in a filing cabinet or area and then will have to be
requested, retrieved and delivered before the employee can view it. ERM also allows multiple
people to look at a file at the same time, as opposed to having to wait your turn because your
coworker is already using the file that you need.
Not only does ERM allow for the replication of digital versions of documents, a database is created
which allows employees to search for a document at the click of a button. So, if a company needs to
find all records that reference a particular customer, they could simply search the database for the
client's name, and all files will pop up almost instantly.
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Analysis Of A Twisted Love Story
Sequence Analysis: A Twisted Love Story
Kar–Wai's film, In The Mood For Love, is a Chinese melodrama, set in Hong Kong, during 1962.
This film is not a traditional romantic drama, but rather it shows the irony of love, which connects to
a larger audience. Throughout this film, there are many unique camera shots, such as using a mirror
to be dramatic, but mysterious. This can also be said for the long shot scenes in the apartment
building that both of the main characters, Mrs. Chan and Mr. Chow live with their respected
partners. Within the entire film, there are many scenes where a person is seen, but their face remains
anonymous. There are countless shots that give off a mysterious tone through the mise–en–scène,
from having the camera behind a dirty window, to only showing a person's back.
As the sequence begins, in Shot 1, the audience sees what looks to be a lamp with trees on it in the
foreground, while a buzzing noise is ringing in the background. As the audience, we have no
knowledge as to what this symbolizes. Within a few seconds of the lamp being on screen, there is a
cut to a new camera, Shot 2, showing a door with a small window in it. Through this window we see
the back of a woman walking to open her door. Another camera swap, and the audience have now
seen Mrs. Chan's face, with a dark background behind her. She is wearing a one–piece outfit, which
looks to be inspired by the 1960s as it is very colorful. There are stripes of red, blue, yellow, green,
and even
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Pr Communication Memo
FOR IMMEDIATE RELEASE Violet Silk Industries 123 Abcde Rd. Marietta, CA 25365
www.violetsilkindustries.net Contact: Mark Silkman Office: 555.123.4568 Pager: 555.234.9548 Fax
– 555.123.7654 msilkman@violetsilkindustries.net Violet Silk Industries' CFO Has Departed Amid
SEC Investigation Marietta, CA December 10, 2012 – For unknown reasons, CFO John Doe, Jr.
suddenly departed from Violet Silk Industries (VSI) yesterday. Prior to his departure, a SEC
investigation was launched to determine if the accounting practices surrounding revenue recognition
of VSI were faulty. VSI is cooperating with the investigation and has hired an external audit team to
analyze GAAP revenue recognition compliance. VSI's controller, Bluie Redman will ... Show more
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This form is required to filed "within 4 business days" of CFO John Doe Jr.'s departure (Securities
and Exchange Commission, 2004, p.15595). Value of Crisis Communication Seitel (2011) writes
that the best thing to do during a crisis is to "tell it all and tell it fast!" (p. 390). This is necessary
because the more the public knows the less chance for rumors to develop. Rumors are typically built
on speculation stemming from the unknown, and rumors can seriously affect this company's
reputation. In this case, unfortunately, rumors have already developed, but the company has a
chance to control the message and possibly alleviate stakeholder concerns through a public press
release. Calming stakeholders and ethical considerations Ethically, the company must provide any
information the SEC seeks, whether the information is positive or negative. The company's external
stakeholders, such as customers and creditors, will value the honesty and transparency reflected in
the 8–K filing as well as the forthcoming press release. This company's reputation can be rebuilt
over the course of time with regular, truthful, and accurate corporate communication. Perception of
press release "Firms engaged in wrongdoing ... may lose stakeholder approval because such conduct
violates stakeholder perceptions of acceptable firm behavior and
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Gaap Earnings Vs Non Gaap
Lately, it is becoming more and more common for companies to report their financials using Non–
GAAP earnings. "A non–GAAP financial measure is a numerical measure of an issuer's historical or
future financial performance, financial position, or cash flow that excludes amounts that are found in
GAAP financials" (SEC, 2002). Non–GAAP earnings are an alternative way of reporting the
performance of a company as opposed to GAAP earnings. Many companies often report non–GAAP
earnings alongside the required GAAP earnings. They claim that non–GAAP earnings more
accurately depicts what the company is going through and precisely shows their financials. A few
common examples of non– GAAP earnings are pro forma earnings, cash earnings, operating
earnings, and EBITA (SEC, 2002). Pro forma refers to earnings, which exclude non–recurring items
(SEC, 2001). It is regularly found that technology startups are responsible for a lot of the use of
non–GAAP earnings because these corporations remove certain items like taxes in their non–GAAP
accounting to turn loss into profit (Young 2013). Because of the lack of standardization and the
potential for creative accounting, it makes it difficult to draw relevant comparisons among
companies or draw meaningful information from these statistics. These reasons alone make the SEC
and investors very weary about the implementation of it. An example of a company that uses non–
GAAP earnings is Macy's. Being such a large company to report their
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Eleventh Circuit Limitations
On May 26, 2016, the United States Court of Appeals for the Eleventh Circuit in SEC v. Graham,
No. 14–13562 (11th Cir. May 26, 2016), reached an important decision. The court extended the
reach of 28 U.S.C. § 2462, the five–year statute of limitations for "any civil fine, penalty, or
forfeiture" applicable to enforcement actions by the Securities and Exchange Commission ("SEC").
The court held that SEC enforcement actions for declaratory relief and disgorgement were subject to
the five–year statute of limitations. The Eleventh Circuit built its ruling on top of a decision by the
Supreme Court, Gabelli v. SEC, 133 S. Ct. 1216 (2013), which held that 28 U.S.C. § 2462 applied to
SEC civil penalty actions.
In Graham, the defendants' alleged violations
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Essay on Groupon Case Assignment 2014
ACTG 630 – Case Assignment Due: Wednesday, December 3 Please submit one assignment per
group. No more than 3 students per group. Read "Growing Pains at Groupon" by Dutta, Caplan and
Marcinko (2014) and complete the questions included in the Case Requirements section (beginning
on page 238). Instructions for accessing the FASB Codification database: 1. Go to
http://aaahq.org/ascLogin.cfm 2. User ID: AAA51526 3. Password: x43AYtX ISSUES IN
ACCOUNTING EDUCATION Vol. 29, No. 1 2014 pp. 229–245 American Accounting Association
DOI: 10.2308/iace–50595 Growing Pains at Groupon Saurav K. Dutta, Dennis H. Caplan, and
David J. Marcinko GROWING PAINS AT GROUPON A s an undergraduate music major at
Northwestern University, Andrew Mason eagerly ... Show more content on Helpwriting.net ...
The company's revenue growth was also impressive. Beginning with $94,000 in 2008, revenue had
grown to $713 million in 2010. In the first quarter of 2011, the company nearly equaled its entire
2010 sales, reporting revenue of $644 million, and total revenue for 2011 was $1.6 billion. Andrew
Mason became a media star, appearing on CNBC and The Today Show. In August of 2010, he
appeared on the cover of Forbes magazine, which touted Groupon as ''the fastest growing company–
ever.'' The spectacular growth attracted more than media attention. Groupon quickly found itself
pursued by corporate suitors. By mid–2010, Yahoo! offered to purchase the company for a price
between $3 billion and $4 billion–it was an offer that Mason, who had no wish to work at Yahoo!,
quickly turned down. Google then approached Groupon with an offer that would eventually grow to
nearly $6 billion. Groupon rejected Google's offer, as well. Faced with an ever–growing need for
cash, this decision left Mason and Lefkofsky with only one option: to take Groupon public. They did
so on November 4, 2011, at an IPO price of $20 per share, yielding a market capitalization of $13
billion. On the day of the IPO, the stock closed near its all–time high of $26 a share. It traded in the
range of $18 to $24 for several months following the IPO. The stock price then declined
precipitously after March 30, 2012, as shown in Figure 1, following the announcement of a material
weakness in internal controls,
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Innovation Stratagy Paper Str 581 Week 2
Innovation Strategy Paper
Amos U. Wilson, II, Belinda Cardenas, Laura Lopez, Russell Blankman
University of Phoenix
SRT/581–Strategic Planning and Implementation
Corky Sarvis
Innovation Strategy Paper
Innovation strategies are critical to business success and longevity. They allow companies to remain
competitive in current trends and set the pace for future trends. VIZIO is an organization that
provides high definition entertainment options and unmatchable value through televisions and home
theater systems. The idea that everyone deserves to own the latest technology is the foundation for
their endeavors (About, 2011). This paper serves to describe and evaluate VIZIO's innovation
strategy. It will also provide ... Show more content on Helpwriting.net ...
VIZIO recently launched a new line of Blu–ray players, mobile devices and televisions that will
integrate the streaming video game service OnLive. In addition, VIZIO has also partnered with Asus
to launch four tablet computers. The first tablet to launch, the Eee Slate EP121, will be one of the
largest tablets yet at 12.1 inches (Mangis, 2011). It will also include Windows 7, an Intel Core i5
processor, and a widescreen display with touchscreen capabilities. As part of its innovative product
strategy, VIZIO constantly surveys its customers to discover what they are looking for in the future
of electronic technology. VIZIO has found that customers want to see the family television function
as the family computer. As a result, VIZIO is working on creating a television with computer
capabilities that include Internet use for U–tube viewing, Facebook, and software use. Essentially,
the family television will have all the capabilities, including touchscreen that computers and mobile
devices have but on a larger scale. The company is even making it possible to download digital
family games to the television for family enjoyment. The challenge will be to provide this
technology at an affordable price (Mangis, 2011).
Conclusion
Innovation and innovation strategies are critical to keeping companies competitive in their chosen
fields of endeavor. Consumers benefit significantly from the availability of and access to the latest in
technology. This paper
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Acc 553 Week 6 You Decide Essay
I have reviewed your situations and each of your tax considerations and outlined my advisement
below.
Part I: Discuss the various forms of organization that are available to Penelope, Mark and John.
There are a few different options from which you can chose to organize your business under. For
example: partnership, LLP, S Corporation, C Corporation for which I know you are all familiar with.
It is my duty to give you my own educated and unbiased opinion to which would be most beneficial
to all of you.
Part II: Make your recommendation as to what form of organization you believe will be best and be
sure to explain the reasoning for your choice. I find the Limited Liability Partnership to be the best
form of organization for your ... Show more content on Helpwriting.net ...
This means that a partnership interest will have a split holding period.
Part IV: Discuss, in detail, how this entity is taxed (if at all) and what filing requirements it has with
the IRS. An LLP has pass–through taxation and the income is reported on each partner's personal tax
returns, avoiding any federal tax on profits. (Code Sec. 702) The LLP will be taxed this way by
default; however the option to be taxed as a corporation is also available. Every partnership must
file an annual return regardless of the amount of its net income or its net loss in its operations. (Code
Sec. 701; Reg. §1.701–1; Code Sec. 6031). Form 1065 must be filed every year by the 15th of April.
Part V: Discuss how income and distributions may/will be allocated to Penelope, Mark and John.
Profits are shared equally or by percentage ownership if that is how you divide the company
ownership.
Part VI: Discuss, in detail, how the individuals are taxed (if at all) with respect to the net profits
from this entity and what filing requirements they will each have with the IRS. Individuals in a
partnership are normally liable for filing personal income taxes, self–employment taxes and
estimated taxes for themselves, according to the Internal Revenue Service. Each individual will file
a Schedule K–1. The partnership itself is not responsible for paying taxes. The credits and
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Ethics and Compliance Paper
Walmart is one of many companies who report its filing with the United States Securities and
Exchange Commission. The purpose for writing about Walmart 's Ethics and Compliance paper is to
inform the reader about Walmart 's important compliance processes. SEC filings, analysis of
financial statements, requirement for certification and legal proceedings will be explained
throughout further reading. Procedures for Ethical Behavior Walmart has an official statement of
ethics which is meant to be applied to not only the associates and directors employed by the
organization but also third parties. These third parties include suppliers, consultants, public relations
firms, contractors and all other third party companies who conduct business ... Show more content
on Helpwriting.net ...
The legal department will provide a comprehensive list of the legal proceedings. Three officers, the
President and the CEO, the Executive Vice–President and CFO as well as the Senior Vice President
and Controller must sign the filings. For detailed report on the filings please see:
http://yahoo.brand.edgar–online.com/DisplayFiling.aspx?dcn=0000104169–08–000006. The
information about these processes in the organization is obtainable by examining the actions that
show compliance with SEC requirements. One of the best places to get information about the
internal processes of Walmart is to examine the proceedings of the law suits filed against Walmart
and the disclosures in the court contains information about the internal proceedings of Walmart. The
following web sites offer one the opportunity to examine Walmart's compliance with SEC
requirements: http://walmartstores.com/Investors/SECFilings.aspx or
http://www.wakeupwalmart.com/press/article.html?article=784. Apart from this, the SEC is
responsible for the enforcement of the Sarbanes–Oxley Act, the Investment Advisers Act of 1940,
the Investment Company Act of 1940, Trust Indenture Act of 1939 and the Securities Act of 1933. In
consideration of the Sarbanes Oxley Act, the CPA auditor of Walmart is required to comment on the
internal control of the company. The auditor of Walmart, Ernst & Young carries out the requisite
examination of
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In The Mood For Love Film Analysis
Kar–Wai's film, In The Mood For Love, is a Chinese melodrama, set in Hong Kong, during 1962.
This film is not a traditional romantic drama, but rather it shows the irony of love, which connects to
a larger audience. Throughout this film, there are many unique camera shots, such as using a mirror
to be dramatic, but mysterious. This can also be said for the long shot scenes in the apartment
building that both of the main characters, Mrs. Chan and Mr. Chow live with their respected
partners. Within the entire film, there are many scenes where a person is seen, but their face remains
anonymous. There are countless shots that give off a mysterious tone through the mise–en–scène,
from having the camera behind a dirty window, to only showing a person's back.
As the sequence begins, in Shot 1, the audience sees what looks to be a lamp with trees on it in the
foreground, while a buzzing noise is ringing in the background. As the audience, we have no
knowledge as to what this symbolizes. Within a few seconds of the lamp being on screen, there is a
cut to a new camera, Shot 2, showing a door with a small window in it. Through this window we see
the back of a woman walking to open her door. Another camera swap, and the audience have now
seen Mrs. Chan's face, with a dark background behind her. She is wearing a one–piece outfit, which
looks to be inspired by the 1960s as it is very colorful. There are stripes of red, blue, yellow, green,
and even brown travelling all the way up to the top of her neck. Her hair looks to be very proper,
and elegant looking for Hong Kong in 1962, when women were abiding the standards of couples
and proper decorum of women, which was the era this movie was shot to look like. There is then a
conversation between Mrs. Chan and another woman, whose face we do not see throughout the
whole conversation. Shot 3 is one continuous shot throughout the entire almost forty–second–long
conversation between Mrs. Chan and the mysterious woman. After the woman declined to chat with
Mrs. Chan, there is another cut, Shot 4, where the camera is pointed towards Mrs. Chan, who is
facing the door which was just previously shut in her face. For about five seconds there is no sound
and very little movement as Mrs.
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Benefits Of Interactive Data To Improve Financial Reporting
Answer: It is reasonable to exempt small companies with revenue under $250 million from filing in
XBRL format for a short period (3–5 years) for the cost of preparation, but it is not a good idea to
implement this exemption for long time. 1) XBRL has significant benefits for the transparency
improvement of financial report. As Du and Vasarhelyi et al., (2013) stated, there has been over one
decade of studies and evaluations on Internet–facilitated financial reporting in general and XBRL in
particular (Ashbaugh et al. 1999; Debreceny et al. 2002; Ettredge et al. 2002; Debreceny et al. 2005;
Kelton and Yang 2008; Debreceny et al. 2010). These studies explored, advocated, and generally
supported the idea of using the Internet to ... Show more content on Helpwriting.net ...
Potential users include regulators, accountants, banks, analysts, investors, management, and any
other member of the financial information supply chain. The XBRL report can offer a platform to
use an interactive language to communicate with each other informatively. The third benefit is the
XBRL process and savings. Based on the old financial reporting system, company information is
hosted on their website in PDF or HTML format, and this information is costly to retrieve,
manipulate and utilize by other interested and concerned parties. Companies spend billions of
dollars on this method of data presentation and transfer. Implementation of XBRL will result in cost
savings and the data will be cheaper, better, and faster. 2) The cost of XBRL report for small
companies The main reason for this exemption is the cost to prepare and file the XBRL report. But,
as the two papers mentioned in the question argued, "A recent study of smaller filers by the AICPA
showed that the median cost to file in XBRL in the US for the companies that would be covered by
the exemption is USD $8000 annually, covering the detailed tagging of 3 quarterly financial
statements and 1 annual financial statement, so it's fair to say that the savings claims by the
proposal's supporters are somewhat overblown." It is not too much. So, in my opinion, some
potential costs would happen in this time, but these costs would decrease step by step. The first cost
is the psychological cost for small
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IRS Proposed Adjustment
The purpose of this memo is to devise a response to a recent IRS Notice of Proposed Adjustment
(NOPA) during a 2016 corporation tax audit for our new client XYZ. Currently, the IRS is
challenging the firms per diem expense deductions. The client does not agree with the notification as
they have deducted employee per diem expenses at a rate of fifty percent in the same manner year
after year. XYZ successfully operates a Fortune 500 public company with yearly revenues
exceeding $10 billion and the disallowance adjustment will potentially create a $5 million tax
liability. However, our firm believes that the NOPA recommendations are not entirely enforceable
and can be challenged to mitigate the proposed tax liability for a fee of $250,000. ... Show more
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Nevertheless, our firm suggests that our client review the annual statements of Exxon, Pfizer, and
Wells Fargo to note the language used in their disclosures and calculation of current and past,
uncertain tax positions.
10–Q and 10–K
Recognition of the possible stance the IRS will take is the first step to evaluating whether the matter
should be published as an addendum to the financial statements. The Securities and Exchange
Commission (SEC) made multiple changes on how a company needed to report and disclose
relevant financial information to provide transparency to investors due to the birth of Sarbanes
Oxley (SOX). Consequently, public companies' management must reveal their knowledge of any
current or potential financial concerns "that might materially affect their financial statements" on
their annual 10–K and quarterly 10–Q filings (Chasen, 2015).
U.S. GAAP supplies the principles of whether a "tax position has met the more likely than not
recognition threshold and if the likelihood of the item will be greater than fifty
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Reviewing The Sec 's Review Process Essay
Read the article titled "Reviewing the SEC's Review Process: 10–K Comment Letters and the Cost
of Remediation" by Cory Cassell, Lauren Dreher and Linda Myers (The Accounting Review,
Volume 88 No: 6, November 2013, pp. 1875–1908). The online edition of the journal is available
through the GMU University Libraries website.
Use your own words as far as possible to avoid plagiarism issues and answer the following
questions: i) Summarize the SEC's 10–K review process. Read the links to SEC website given in
footnotes 7, 8, 9 and 10 to enhance your understanding before you write the summary.
The SEC reviews reports filed on Form 10–K on a regular and systematic basis for the protection of
investors by improving the information quality and the prevention of fraudulent activities in
securities trading and markets by finding possible violations of the securities laws. The Division of
Corporation Finance is looking for conflicts with Commission rules or the applicable accounting
standards or on disclosure that appears to be materially deficient in explanation or clarity. These
reviews are required at least once every three years. The Division won't always review the entire
filing. They may only review the financial statements, or in some cases they may only review and
examine the filing for a targeted issue.
If more clarification is required or if the filings material is not sufficient, then the Division issues
comment letter and request additional information to understand the
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Initial Public Offering Paper
The focus of this paper is to examine and research the financing issues that an organization must
face when going public. The team has selected Chipotle Mexican Grill, Inc. as the organization
which has had an initial public offering in the last three years. The learning team will address
registration, disclosure, and compliance issues and cost of issuance. In addition, the team will
examine the impact on ownership control and return as well as the source and application of funds.
Financing Issues that an Organization Faces When Going PublicAn Initial Public Offering (IPO), is
extremely expensive for organizations. It is common for a small business to pay between $50,000
and $250,000 to organize and publicize an offering. According to ... Show more content on
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(Disclosure ,2008) In Chipotle's SEC filing they disclosed the prospectus statement, financial data,
and future plans. Through there prospectus statement Chipotle makes it clear that they are set apart
from other chains by serving "Food with Integrity". However, there are risks involved in investing,
they are as follows: the number of new stores rapidly being established, lack of independent
operating history, ability to continue to grow and profit, and health and safety concerns regarding
the ingredients used among others. Although the risk factors are in place, Chipotle's financial data
provides more assurance of returned profit on investment. In their "Rapidly Improving Financial
Performance" section of the SEC filing they state a 130% increase in revenue in 2004 of 470.7
million up from 2002 and 49% up from 2003. And, average sales in new restaurants after 90 trading
days increased 24.9% a total of $303,390. From 2002–2004 Chipotle opened a total of 237 stores.
Their increased financial growth is attributed to "word–of–mouth" sales and quicker implementation
of Chipotle culture in the area of the new restaurant. Also, more people are aware of Chipotle, thus
increasing average opening sales.( Form S–1/A ,2005) The future plans of Chipotle is to expand
operations and sales by opening new stores. They forecast opening a total of 75 stores in 2005 of
which 58 were already opened at the time of the SEC filing. In order to expand sales they plan to
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Securities Regualtions Study Guide
XVI. Securities Regulation – 1933 Act A security is a contract, transaction or scheme whereby a
person invests his money in a common enterprise and is led to expect profits solely from the efforts
of a promoter or a third party (Howey test) Provide investors with information for securities offered
for sale and to prohibit fraud in the sale of securities. The 1933 Act governs the public distribution
of securities. It prohibits the offer or sale of securities to the public unless the offering is properly
registered. A. Persons covered are underwriters, dealers and issuers. 1. Underwriter purchases
securities from an issuer with the intent to distribute to ... Show more content on Helpwriting.net ...
Accredited investors include: Up to 5 million. Advertising is not permitted. No unaccredited
investors are allowed to purchase. * corporations, partnerships, or other organizations: * financial
institutions; * with more than $5,000,000 of assets: * corporations and partnerships, not formed
expressly for this investment; * non–profit organizations; * any entity owned entirely by accredited
investors; * individuals or married couples * corporate or partnership insiders; * with assets worth
more than $1,000,000; * or individuals who earned at least $200,000, or $300,000 for a married
couple, in the last 2 years, and expect to make at least the same amount in the current year. b. Rule
504 A non–reporting company can raise up to $1,000,000 from any number of individuals,
accredited or not, without a SEC registration. General offering and solicitations are permitted under
Rule 504 as long as they are restricted to accredited investors. Shares are not restricted. 1) Offering
cannot exceed $1 million in a 12 month period. 2) Unlimited number of investors or unlimited type
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Technical Review : Extensible Business Reporting Language
This chapter provide the necessary definitions of terms used in the consecutive analysis and answers
the first two subquestions of the research: "What is XBRL and how does it work?" and "What is an
extension and when it is used by filers in XBRL submissions?"
XBRL (eXtensible Business Reporting Language) is a programming language for the electronic
communication of business and financial data around the world (Weber, 2003). XBRL is based on
XML document (Extensible Markup Language). According to XML, the identification labels are
applied to data for better processing through the use of software (Debreceny et al, 2010).
2.2 XBRL historical review
The copyright of the XBRL standard belongs to an independent non–profit legal entity, "XBRL
International", incorporated in 2001 on the initiative of the professional body accountants in
America (American Institute of Certified Public Accountants – AICPA). The idea was born in 1998
by Charles Hoffman, who was looking for a better way to create, share and distribute financial
information. XBRL aims to improve business reporting and information exchange between entities.
XBRL introduction is "revolutionary", since the data are fully in digital format and thus can be
processed easier than PDF or HTML formats. The creators of XBRL support that this step is similar
to the change from the paper maps to digital maps (XBRL International 2015a). Currently a
representation of the XBRL International consortium exists in many countries and
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Accounting Irregularities at Groupon
Accounting Irregularities at Groupon
Introduction
In September 23 2011, Groupon (the Company), a rapidly growing online coupon merchant was
forced by the SEC to file a restated S–1 registration statement. The reason for the restatement was
that the SEC objected to the accounting methods that Groupon used in the calculation of its revenue,
causing it to be overstated. According to Villanova University (2012), Groupon's auditors at Ernst &
Young stated that Groupon was not setting aside sufficient funds to cover potential refunds to
customers and this was allowed to persist due to "material weakness in the company's internal
controls".
Background
When a customer purchases a coupon through Groupon's website, the Company and the ... Show
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Restated Income Statement
Prior to Groupon's IPO, the SEC forced the Company to restate the S–1 financials for 2008, 2009
and 2010 under GAAP. Gone was the ACSOI accounting metric that allowed it to inflate its revenue
figures. The company also reported in its updated 10–K filing that it had started to use an improved
refund model to better track and ensure that it maintains a reserve for anticipated refunds. The new
more subdued figures can be seen below in Figure 2. Figure 2
Conclusion
Having reported their earnings in the S–1 filing with less stratospheric revenue figures, investors
were afforded the ability to approach the titan coupon merchant with a less gullible sense of
enthusiasm and a more realistic sense of skittishness that should be warranted with an IPO sporting
such inflated figures. As of this writing, the company does show good revenue growth but net
income has been bumpy with consistent losses in the hundreds of millions. The new numbers show
a company with an unproven business model and a justifiably meek stock price near an all time low
of $3.83 for investors who might be looking for a lottery–ticket quality investment. In an age where
corporations like Xerox and Enron have managed to scam investors with accounting irregularities,
the fact that this questionable practice was discovered prior to the Company's IPO makes this a story
about how sometimes the system works.
References
Catanach, A. H. (2011).
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Evaluation Of An Sec 's Voluntary Filing Program
Bortiz & No (2008) examined whether XBRL documents, furnished to the SEC's XBRL Voluntary
Filing Program VFP on EDGAR, conform to the suggested XBRL taxonomies and specifications as
well as requirements for XBRL filings and whether the quality of XBRL filings improved between
2005 and 2007. Their examination include 9 points investigated to achieve their goal, use of
extension taxonomies, notes and MD&A, agreement of XBRL–related documents with official
filings, consistency, validation tests for extensions taxonomies and instance documents, FRIS and
FRTA tests, and other errors.
Related to the use of extensions after analysing 68 companies in the VFP as of December 31, 2007,
they found all 304 filings contained extended taxonomies. On average, companies used 163
approved taxonomy elements and 190 extension elements, which represents 55.4% of the total
elements used. So, the needs to create customised taxonomies to enable their XBRL filings to fit the
official filing is needed.
The authors recognised that it was not possible to justify all the extensions noted because of the
absence of any statement by the company or an assurance provider about the extensions. Related to
Notes and MD&A, they found that only 13 XBRL documents included notes, and only one of these
also provided MD&A. None of the companies had an accountant's report or assurance report,
although three earlier filings by two companies had assurance reports.
They found a discrepancy between the two XBRL software
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The Case Of Cardillo Travel Systems Essay
Situations arise that cause companies to conduct or record fraudulent transactions to deceive the
stakeholders or in the case of Cardillo Travel Systems, meet court orders. Cardillo Travel Systems,
ranked as the fourth largest company in the travel agency industry, was founded in 1935 and
purchased by A. Walter Rognlien in 1956. After being acquired by Rognlien, annual revenue
increased steadily but expenses were increasing at a more rapid rate. By 1985, Cardillo was
involved in a lawsuit and a court injunction required the company to maintain at least $3 million in
stockholders' equity. Around the same time, Rognlien had negotiated a transaction with United
Airlines that if record as revenue would ensure the minimum stockholders' equity was met
(Rittenberg, Johnstone, Gramling, & Knapp, 2012). As with most fraudulent activity, management
worked together to get around the terms of the agreement and get the transaction recorded. This
action led to the various violations including making false representations to outside auditors, failing
to maintain accurate financial records, failing to file prompt financial reports with the Securities
Exchange and Commission (SEC) and violating insider trading provisions. Securities Exchange and
Commission Charges Issued The SEC found three of Cardillo's executives, CEO A. Walter
Rognlien, COO Esther Lawrence, and Vice President of Finance William Kaye, guilty of violating
several federal securities laws. All three executives provided false
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The Street That Got Mislaid
Plot of the Short Story the Street that Got Mislaid
1. Exposition
a.)Marc Girondin – the main character on the short story, who had worked in the filing section of the
city hall's engineering department for so long that the city was laid out in his mind like a map, full of
names and places, intersecting streets and streets that led nowhere, blind alleys and winding lanes.
b.)Michael Flanagan– who lives at number four," she went on, "a most interesting man, who said
that if miracles happened, we should aid and abet them, who had the door built and put up at the
entrance to keep out passers–by or officials who might come along.
c.)Jean Desselin –he's in number six and sometimes goes into the city returned. ... Show more
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Marc Girondin had worked in the filing section of the city hall's engineering department for so long
that the city was laid out in his mind like a map, full of names and places, intersecting streets and
streets that led nowhere, blind alleys and winding lanes.
In all Montreal no one possessed such knowledge; a dozen policemen and taxi drivers together
could not rival him. That is not to say that he actually knew the streets whose names he could recite
like a series of incantations, for he did little walking. He knew simply of their existence, where they
were, and in what relation they stood to others.
But it was enough to make him a specialist. He was undisputed expert of the filing cabinets where
all the particulars of all the streets from Abbott to Zotique were indexed, back, forward and across.
Those aristocrats, the engineers, the inspectors of water mains and the like, all came to him when
they wanted some little particular, some detail, in a hurry They might despise him as a lowly clerk,
but they needed him all the same.
Marc much preferred his office, despite the profound lack of excitement of his work, to his room on
Oven Street (running north and south from Sherbrooke East to St. Catherine), where his
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Week 4 You Decide Activity 1
Prepare a three–page memo (at least 900–1,500 words per page) to John and Jane Smith addressing
the issues presented:
1. John Smith tax issues:
a. How is the $300,000 treated for purposes of federal tax income?
b. How is the $25,000 treated for purposes of federal tax income?
c. What is your determination regarding reducing the taxable amount of income for both (a) and (b)
above?
d. Is it more beneficial to continue leasing the business space or to buy the building?
2. Jane Smith tax issues:
a. What are the different tax consequences between paying down the mortgage (debt) and assuming
a new mortgage (debt) for federal income tax purposes?
b. Can John and Jane Smith utilize a 1031 tax exchange to buy a more expensive house using ...
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You are not eligible to utilize a 1031 exchange. A 1031 exchange is for property held for production
in a trade or investment purposes. Personal residences do not qualify.vii A 1031 exchange is for
deferring taxes on capital gains and depreciation recapture on business property.
Section 61(a) also includes hobby income in taxable gross income. The $20,000 that you made from
selling the jewelry you hand crafted is considered income from a trade because your motive is to
make a profit. IRS Publication 535 also outlines that making jewelry is a business because of the
time and effort put into it and that you expect to continue to make a profit from it.
If you want to keep the jewelry as just a hobby you can only deduct expenses to the extent of your
income under Section 183.viii You could not make jewelry with the intent to make a profit. You
would be much better off if you keep the jewelry as a separate business so that you could take
business deductions in excess of your income. As a hobby, you would lose out on depreciation and
other expense deductions beyond your income. Hobby deductions are only taking on Schedule A. If
you have a year that you do not have enough to itemize your deductions you would lose out on all of
the business expenses.
It would also be beneficial to set up a limited liability company. (LLC) A LLC limits the partner's
liability to your basis in the company
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Football Playoff Game Analysis
Last week we looked extensively at Wisconsin's chances to make the College Football Playoff. We
will be re–evaluating that in future weeks. For this week we are going to briefly look at the big
picture and see what it will take for each top–25 team to make the playoff. For some it will not take
much (Alabama) for some it will take the near impossible and their best chance is to play spoiler. By
understanding other team's chances to make the playoffs we can see why each game is important
and how each game affects the Badgers. Keep in mind that in the last two years, teams that ranked in
the double digits made the playoff. Who could it be this year...? The rankings we will be going off
are the playoff rankings that were revealed Tuesday night by ... Show more content on
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They still need Auburn to lose again, but they play Alabama so that is possible. LSU will struggle to
look too far ahead as they play Alabama this week. A win in this game would turn the whole SEC
and the whole country on its head. A loss here would all but end LSU's chances at the playoff. Talk
about a big game. 14. Oklahoma (6–2) Oklahoma is in prime position to win the Big–12, but in a
conference where they are the highest ranked team, that win may not mean enough to make it to the
playoff. 15. Colorado (6–2) Colorado was able to hang with Michigan when they played in week
three, and lost to a resurgent USC a few weeks after that. Still, with two losses, Colorado controls its
destiny. They still have Washington State and Utah on their schedule, but both of those games are at
home, and if they win out they will have a chance to reach the championship game. Win there and
anything can happen. 16. Utah (7–2) Utah, you had a good chance at it. The loss to Washington
hurts, but the Utes put up a good fight and are not out of the race. If they beat Colorado in their last
game of the season they could still make it to the PAC–12 championship game and get another shot
at Washington. Revenge and a conference title would be so sweet for Utah. 17. Baylor
... Get more on HelpWriting.net ...
Diamond Foods Accounting Scandal
Diamond Foods Accounting Scandal
BACKGROUND:
Founded in 1912 as a walnut grower cooperative, Diamond Food's primary business involved
buying walnuts from local California growers, processing the product, and reselling it. The San
Francisco–based company converted from a cooperative to a public corporation in July of 2005,
issuing its initial shares for $17. By 2010, Diamond Foods (DMND) had expanded and acquired a
number of snack food companies including Kettle Brand® Chips and Pop Secret® popcorn and was
negotiating the acquisition of the Pringles brand from the Procter & Gamble Company
(Diamond Foods, 2014). The addition of the Pringles brand would make Diamond the second–
largest global snack foods company behind PepsiCo, Inc., ... Show more content on Helpwriting.net
...
The details of how these costs were pulled apart and separated will be further explained in the
following section.
From the beginning Diamond had put a focus on the commodity walnut market. The company had
forged strong relationships with the growers of the nuts and held pride in continuing the positive
relationship throughout the future of the company. So as the growers began to hand down larger
costs, Diamond needed to find a way to ensure that the growers got the full amount they were
seeking in order to keep ties strong and avoid the growers leaving Diamond for one of its
competitors, while also continue to meet the earnings per share (EPS) expectations. According to the
case filed by the SEC in 2014, "In February 2010, Diamond CFO Neil instructed members of the
Finance Team to adjust the walnut costs to hit an EPS target for the second quarter. "Members of the
Finance Team provided Neil with a walnut cost estimate that would result in reported EPS that
would be higher than the consensus analyst of estimated $0.47 per share for the quarter" (SEC,
2014). However, the growers were not satisfied with this method of determining prices and
threatened to leave Diamond if full costs were not received. Neil determined a way to close the gap
through "continuity" or "momentum" payments. This technique allowed Diamond to pay the full
amount that the growers were giving, but separated the costs out. Diamond only the portion on the
financial
... Get more on HelpWriting.net ...
The US Securities and Exchange Commission (SEC) Essay
Introduction The US Securities and Exchange Commission (SEC) is the US federal agency that
holds the primary mandate to enforce federal securities laws and regulations to control the securities
industry and the country's stock exchange and regulation of all activities and organizations including
the US electronic securities market. The SEC is committed to promoting a market environment that
yields public trust characterized by integrity to attain its mission of protecting investors through
maintenance of fair and efficient markets through facilitation of capital information (Basagne,
2010). The SEC financing is a major area of focus since there has been major concern regarding the
SEC agency financing and whether they utilize the ... Show more content on Helpwriting.net ...
Salaries and expenses collections are dedicated to implement SEC mission, functions and day–to–
day operation in accordance with the congress established limits. Law categorizes excess collections
in salaries and expenses categorized as non–budgetary fund managed by the treasury. Another
budget resource in the form of funds from dedicated collections is the investor protection Fund. The
fund is a dedicated collection that offers funding for whistleblower awards. This fund is financed by
part of the monetary sanctions accrued by SEC in administrative and administrative actions by the
SEC. The Reserved Fund On the other hand, the Reserved Fund is a portion of the registration fee
SEC collects which amounts to over $50 Million in each Fiscal year and is deposited in the reserve
fund. The balance for the reserve fund cannot exceed $50 million (Becker, 2012). The fund
incorporates dedicated collections that SEC obligates up to $100 million in each fiscal year with the
agency determining the use for which the fund is applied. The Miscellaneous Receipts Accounts
Another budget resource for the SEC is the Miscellaneous Receipts Accounts. This account holds
non–entity accounts and receipts sought from the custodial activities of the SEC that the agency
couldn't make deposits into the funds it has jurisdiction over. These forms of account include money
accrued from registration fees in excess amounts that is deposited into
... Get more on HelpWriting.net ...
The U.S. Securities and Exchange Commission
The U.S. Securities and Exchange Commission In economic society, most people like to invest their
fortunes in the capital market and security market. As more and more investors join in the investing
market which is very complex and fascinating, and it can be successful. Unlike the deposits are
hypothecated by the federal government, stocks, bonds and other securities can lose value in capital
market because their no surety. So the security and exchange commission play an important role in
the capital market, and the important thing is the security and exchange commission demands the
public companies should be disclose the meaningful financial and other information to the public.
This provides an equitable environment and common knowledge ... Show more content on
Helpwriting.net ...
registrants of International Financial Reporting Standards (IFRS), issued by the International
Accounting Standards Board. (c) The Role of the Division of Trading and Marketing The role of the
Division of Trading and Marketing is that assists the Commission implement its responsibility for
maintaining fair, orderly, and efficient markets. The Division's staff provides monitor major
participants of the securities market, such as the securities exchanges; securities firms; self–
regulatory organizations (SROs) including the Financial Industry Regulatory Authority (FInRA), the
Municipal Securities Rulemaking Board (MSRB), clearing agencies that help facilitate trade
settlement; transfer agents (parties that maintain records of securities owners); securities information
processors; and credit rating agencies. The Division also monitors Securities Investor Protection
Corporation (SIPC) that makes sure securities and cash in the customer accounts of the failed
member brokerage firms. The additional responsibilities of Division include enforce financial
integrity program for broker–dealers of the Commission, reviewing recommended new rules and
change to existing rules submit by the SROs, assist the Commission to establish rules and publish
interpretations on matters affecting the operation of the securities markets, and monitor the markets.
(d) The Role of the Division of Investment Management The role of the Division of Investment
Management is that
... Get more on HelpWriting.net ...

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Types of ethical dilemmas and key concepts

  • 1. t Types of ethical dilemmas Mastery67Questions123Materials... t: Types of ethical dilemmas Mastery 67% Questions 1 2 3 Materials on the concept: Typical Moral Dilemmas Confronting Business Communicators Ethics and Law for Management Communication Top of Form 1. As part of an effort to hire younger workers, a multinational organization assures applicants that they will get to visit its offices in other countries and work with the employees there. However, only two out of every nine workers actually get selected for such projects. What moral dilemma best fits this scenario? A. unethical company practices B. company allegiances C. outright lies D. cosmetic half–truths Bottom of Form Incorrect : A cosmetic half–truth involves emphasizing a small part of the truth to make it seem more significant ... Show more content on Helpwriting.net ... Most companies have policies in place detailing how such information can be used. Materials You and Your Employees Top of Form 6. Gabriel's job involves overseeing business correspondence between his company and various governmental agencies. The passage of a certain act made this correspondence available for public
  • 2. scrutiny, and so Gabriel must ensure that all communication satisfies government requirements without divulging valuable company secrets. Which of the following acts made this correspondence available to the public? A. The Family Educational Rights and Privacy Act B. The Freedom of Information Act C. The Equal Employment Opportunity Act D. The Civil Rights Act Bottom of Form Correct : All business documentation routinely collected by the government may now be available to the public, following the passage of the Freedom of Information Act. Materials You and the Government Concept: Recognizing cultural differences Mastery 67% Questions 7 8 9 Materials on the concept: Understanding the Concept of Culture Developing Cultural Competency Overcoming Ethnocentrism and Stereotyping Contextual Differences Top of Form 7. Which of the following terms refers to a shared system of symbols, beliefs, attitudes, values, expectations, and norms for behavior? A. Demographics B. Commerce C. Persona D. Culture Bottom of Form Correct : Culture is a system of beliefs, attitudes, values, and expectations of behavior that everyone in a particular society
  • 3. ... Get more on HelpWriting.net ...
  • 4.
  • 5. Ebay Case Study E-Commerce eBay Case Study E–commerce eBay Strategy Case Study prepared for E–business, Internet Marketing and E–commerce lecturers and students. Last update, March 2009. Case Study: eBay thrives in the global marketplace I recommend students researching eBay checkout the latest eBay statistics and business strategies from their SEC filings. The annual filings give a great summary of eBay business and revenue models. Alternatively filings are included in the eBay press releases which also have info on new company acquisitions. SEC is the Securities and Exchange Commission (SEC) which is a government agency for which companies have to submit an open evaluation of their business models and marketplace conditions. eBay also have a summary of ... Show more content on Helpwriting.net ... In January 2008, "eBay announced significant changes to it¶s Marketplaces business":http://investor.ebay.com/releasedetail.cfm?ReleaseID=290446 in three major areas: fee structure, seller inc entives and standards, and feedback. These changes have been controversial with some sellers, but are aimed at improving the quality of experience. Detailed Seller Ratings (DSRs) enable sellers to be reviewed in four areas: (1) item as described, (2) communication, (3) delivery time, and (4) postage and packaging charges. This is part of a move to help increase conversion rate by increasing positive shopping experiences. Powersellers with positive DSRs will be featured more favourably in the search results pages and will gain additional discounts. eBay Competition Although there are now few direct competitors of ... Get more on HelpWriting.net ...
  • 6.
  • 7. Macy's Financial Analysis Background Information Macy's, Inc. is a retail organization incorporated in Delaware and has Executive offices in Ohio. As of January 2014, Macy's has 840 department stores located in urban and suburban area across the United States. Macy's, Inc. is in 45 states and the District of Columbia, Guam and Puerto Rico (SEC Filing, 2014). Macy's sells a wide variety of merchandise such as: apparel, cosmetics, home furnishings and other consumer goods. Each store is differs in size and merchandise according to area demographics. Figure 1 represents the merchandise category percentages based on 2013 sales. The retail industry is very competitive. Macy's competes with many of different retail and department stores. Some of the competitor retailers ... Show more content on Helpwriting.net ... Sales from existing stores declined 1.4% in the period. Macy's total sales declined to $6.2 billion in the three months through Nov. 1, compared to $6.3 billion a year ago. Macy's revised its estimated earnings to $4.25 to $4.35 per share, a decrease from the previous estimate of $4.40 to $4.50 per share. Additionally, sales predictions were also revised to reflect lower figures of 0.7% to 1%. These figures exclude recently opened and closed stores during the year. Their Gross margin for the current quarter still remains flat at a 39.2%. The company has accomplished savings of $100 million per year by cutting jobs (Kapner, ... Get more on HelpWriting.net ...
  • 8.
  • 9. Oil And Gas Extraction Essay Oil and Gas Extraction The oil and gas industries involve a high amount of documentation for both transportation as well as extraction and field services. Activities are highly regulated, and subject to oversight from Federal Energy Regulatory Commission (FERC), the Department of Transportation (DoT), the Environmental Protection Agency (EPA), and the Department of the Interior (DoI). That said, the process of regulation is trending toward a more digitized system, with organizations like FERC having their own submission portals that implement a "fill–in–the–blank" platform to complete forms. However, not all forms have yet been converted to digital submission even in agencies with online portals, and other agencies still remain reliant on ... Show more content on Helpwriting.net ... Forms are same but the way you submit them differ between states. SEC Filing Overview Publically traded companies are required to fill out annual forms. Examples of documents include: 10–K, 10– Q, 8–K, S–1, S–3, S–4, S–8, 11–K. These forms are submitted to the SEC via EDGAR through a combination of HTML and XML. Certain documents, such as 10–K, 10–Q, S–1 are unfortunately unable to be automated. These documents, although have certain requirements, are very much left to the discretion of the investor relation head. Firms have the capacity to disclose as much information as they want. On a similar vein, 8–K are simply press statements that are once again left to investor relations to decide how much they want to disclose. There are certain tools in the market that currently help automate certain parts of these processes. Upsolve has the capacity to automate some of these key documents. Given Upsolve's ability to process and automate filings, the financial industry is an extension of core competencies. Upsolve would be responsible for ... Get more on HelpWriting.net ...
  • 10.
  • 11. Initial Public Offering Paper Initial Public Offering Paper Initial Public Offering In this paper the questions regarding a businesses decision to go public will be addressed. Recent changes such as Sarbanes–Oxley governance ruling have had significant impact on the planning and execution of IPO's however, going public still remains the best route to additional capital for a company. We will also take a look at Google's successful rollout of their public offering. However first we need to look at what it takes for a company to go public. In the text of the Fundamentals of Corporate Finance the initial description of IPO succinctly captures the essence of need and subsequent process of an IPO. Firms issue shares of common stock to the public when they need to ... Show more content on Helpwriting.net ... After the SEC approves of the corporation's full disclosure, the corporation and the underwriter decide on the price and date of the IPO; the IPO is then conducted on the determined date. IPOs are sometimes postponed or even withdrawn in poor market conditions. (Investors Guide, 2006) A small business to pay anywhere from $50,000 and $250,000 to prepare and publicize an Initial Public Offering. The most common known direct costs of IPO are multiple, filing fees, legal fees and taxes, there are however some additional costs. "A small business owner should not be surprised if the cost of an IPO claims between 15 and 20 percent of the proceeds of the sale of stock. Some of the major costs include the lead underwriter's commission; out–of–pocket expenses for legal services, accounting services, printing costs, and the personal marketing "road show" by managers; .02 percent filing costs with the SEC; fees for public relations to bolster the company's image; plus ongoing legal, accounting, filing, and mailing expenses."(Answers.com) Even with all these expences it is possible for the additional fees to come up of for the IPO not to take place at all. When sale does take place it is common for underwriters offer IPO shares at a discounted price to ensure an increase in stock price during the period immediately following the offering. This discount allows the transfer of wealth from the initial investors to new investors. Under pricing is the pricing of ... Get more on HelpWriting.net ...
  • 12.
  • 13. Securities Exchange Act Of 1934 Essay From my research, I would like to briefly talk about some general idea of the securities exchange act of 1934. Firstly, in response for the Stock Market Crash of 1929. Securities exchange act of 1934 was established on June 6,1934, is a law governing the secondary trading of securities in the United States of America. The act of 1934 and related statutes form the basis of regulation of the financial markets and their participants in the united states. The main purposes of the Securities and Exchange Acts is to prevent the insider stock price manipulation, place the margin buying of stocks under tighter restrictions, and end misrepresentation of stock values by requiring full disclosure of information related to the securities sold on the stock exchanges. It gave the federal government's regulatory responsibilities in called laissez–faire economy. ... Show more content on Helpwriting.net ... So the investors can check this information easily. In this way, investors gain more confidence about the securities market and is a good to rebuild the economy. Also there is one coincident thing of the SEC is the first chairman of the SEC was Joseph P. Kennedy, father of future president John F. Kennedy. According to the information which I found, the main purposes of the securities exchange act of 1934 is ensuring greater financial transparency and accuracy and less fraud or manipulation. All this purposes of the securities exchange act of 1934 is to ensure environment of fairness and investor confidence. The act highly focuses on the insider trading, the SEC promoted the values of full disclosure for investors in insure a high standard of fairness and ethical business dealing in the securities exchange market. Specific fraud and manipulation prohibitions supported the exchange act's disclosure ... Get more on HelpWriting.net ...
  • 14.
  • 15. HELI Case Summary As has happened in USA in the following cases: On March 21, 2011, the SEC suspended trading in HELI because questions had arisen regarding the accuracy and completeness of information contained in HELI's public filings concerning, among other things, the company's cash balances and accounts receivable. HELI also failed to disclose that its independent auditor had resigned due to accounting irregularities. On April 1, 2011, the SEC suspended trading in CHJI because questions had arisen regarding the accuracy and completeness of information contained in CHJI's public filings concerning, among other things, the company's financial statements for 2009 and 2010. CHJI also failed to disclose that it filed its most recent Form 10–Q without the ... Get more on HelpWriting.net ...
  • 16.
  • 17. Incorporation Case Study V. Discuss, in detail, how this entity is taxed (if at all) and what filing requirements it has with the IRS (discuss only for the entity you have recommended). The filing will be done with the IRS in the state which the business is formed. Articles of Incorporation would be filed with the state, and the owners would apply for a federal ID number. They would then file form 8832 and choose S corporation status. The company would then file as Company X, LLC, but would file an 1120S each year, which is the corporate tax return and is prepared for each individual shareholder and identifies the percentage of company shares owned by the individual for the tax year. Each member would then receive a K–1 with the appropriate percentage of income or ... Show more content on Helpwriting.net ... They will have the pass–through of income, avoiding double taxation, same as if the LLC was treated as partnership. Besides to the IRS, your business will exist separate and independent from its owners. Therefore, the business entity can pay wages and salaries to the owners. As it is treated as an S corporation may provide opportunities for tax planning to minimize the overall tax liability the business and would allow the business to take certain fringe benefits, too. Tax Laws: An LLC can elect under the check–the–box rules to be classified as a corporation. So it transfers all assets and liabilities to the corporation in exchange for the corporation's stock and then (2) distribute the stock to its owners in complete liquidation (Regs. Sec. 301.7701–3(g)(1)). The deemed transfer to the corporation is tax free, assuming Sec. 351(a) applies and the LLC's liabilities do not exceed the basis of its assets. The LLC can then elect S status, assuming that its members are eligible to hold S corporation stock (Regs. Secs. 1.1361–1(c) and ... Get more on HelpWriting.net ...
  • 18.
  • 19. 10k Executive Summary The mission of the U.S. Securities and Exchange Commission is to protect investors; maintain fair, orderly, and efficient markets; and facilitate capital formation (U.S. Securities and Exchange Commission, n.d.). In order to protect investors, the SEC mandates certain filings to be made by public companies in order to disclose information relevant to the going concern of the company. These disclosures are pertinent in making investment decisions by the users of these statements. Forms 10–K, 10–Q, and 8–K are required fillings of publicly held companies where the 10–K is filed annually with audited financial statements along with a business summary, the financial results, corporate governance issues and exhibits; the 10–Q is a simplified ... Show more content on Helpwriting.net ... This description of the company will include what types of products and services are provided by the company, if the company owns any subsidiaries including a description of each, and what type of market the company operates in. An investor will also find discussions about direct competitors, any specific regulations that apply to the company or industry, any labor issues, and any other information that would be pertinent to know about the operating health of the company. Also included in the business summary are the most significant risks that apply to the company itself, the industry it operates in, the region it conducts business in, or the entire economy. Unresolved comments from the SEC staff on previously filed reports will be found in the business summary section of the 10–K. Unresolved comments include any inquiries the SEC may have raised about previously filed statements that have yet to be resolved at the time of the company's current filing of the 10–K (U.S. Securities and Exchange Commission, 2011). Two final sections included in the business summary are a detailed listing of any significant properties the company owns and any significant pending legal ... Get more on HelpWriting.net ...
  • 20.
  • 21. Ms Helane Morrison Case Summary CCO's to come under More Scrutiny and a Perspective on Ms Helane Morrison The much anticipated Chief Compliance Officer (CCO) scrutiny in 2016 and possible enforcement action could spell changes for institutional investors, a report by Hazel Bradford of Pionline.com indicates. The changes are going to happen because institutional investors will be closely monitored by compliance experts. Compliance officer typically help organizations identifying risks and formulate response. Regulatory organizations such as the New York based Regulatory Fundamentals Group LLC, is determined to assist organizations to articulate their expectations and correct failures to meet the expectations. The President of investment Adviser Association in Washington, Karen Barr avers that Sec's oversight tone on compliance officers is beginning ... Show more content on Helpwriting.net ... In the former case, BlackRock and the conpnay Chief Compliance Officer at the time paid penalty charges amounting to $12 million and $25,000 respectively. In the latter case, SFX paid $150,000, while its Chief Compliance Officer paid $25,000. Analysts expect things to get tougher in 2016, once SEC completes a proposed program that would target money managers in mandatory third– party compliance reviews. Helane L. Morrison is one of the most outstanding female Chief Compliance Officers who have done a lot to improve work efficiency and productivity in the financial sector. She is the MD, General Counsel and CCO of the San Francisco based Hall Capital Partners LLC. According to HallCapital.com, before joining Hall Capital in 2007, Morrison was the head of SEC in San Francisco from 1999. As the Regional Director and District Administrator, Ms. Morrison was responsible for a number of operations including regulatory services, securities enforcement and ... Get more on HelpWriting.net ...
  • 22.
  • 23. The Process of Ipo A Guide to the Initial Public Offering Process Katrina Ellis (kle3@cornel.edu) Roni Michaely (rm34@cornell.edu) and Maureen O'Hara (mo19@cornell.edu) January 1999 *All Authors are from Cornell University, Johnson Graduate School of Management, Cornell University Ithaca NY 14853. Michaely is also affiliated with Tel–Aviv University. A Guide to the Initial Public Offering Process A milestone for any company is the issuance of publicly traded stock. While the motivations for an initial public offering are straightforward, the mechanism for doing so is complex. In this paper, we outline the process by which companies are brought to market in an initial public offering. Our goals here are to delineate the specific steps ... Show more content on Helpwriting.net ... The remaining portion of the gross spread (approximately 20%) is used to cover underwriting expenses (underwriter counsel, road show expenses, etc.). If anything remains after deducting all expenses, it is divided proportionately among the underwriter and syndicate members depending on the amount of securities each underwrote. One of the lead underwriter's first–agenda items (usually before any significant expenses have been incurred) is to draft a letter of intent. Indeed, an important aspect of the letter of intent is to protect the underwriter against any uncovered expenses in the event the offer is withdrawn either during the due diligence and registration stage, or during the marketing stage. Thus, the letter of intent contains a clause requiring the company to reimburse the underwriter for any out–of–pocket expenses incurred during the process. Another important aspect of the letter is the gross spread or the underwriting discount. In most cases, the gross spread is 7% of the proceeds (see Chen and Ritter, 1998 for an excellent discussion of the uniform size of the gross spread). The letter also typically includes: a commitment by the underwriter to enter into a firm commitment agreement (or other underwriting agreements, as the case may be); an agreement by the company to cooperate in all due diligence efforts, and to make available all relevant ... Get more on HelpWriting.net ...
  • 24.
  • 25. Def 14a Proxy Statement I chose to summarize the DEF 14A file, also known as the proxy statement. A proxy statement provides information to shareholders about the company and its upcoming proposals being voted on at the next meeting. According to the SEC, "a company is required to file its annual proxy statement with the SEC no later than the date proxy materials are first sent or given to shareholders." In order to help shareholders, make informed decisions about upcoming proposals, companies are required by the 1934 securities act to disclose the information provided by the DEF 14A filing. Netflix Inc. proxy statement filed on April 4th 2016, provides information to current shareholders about proposals that will be voted on at the next annual meeting. The proxy statement provides shareholders with information about the company, such as who is on the Board of directors, current executives, and what their compensation is. The statement lists 5 upcoming proposals ... Show more content on Helpwriting.net ... The statement explains the company's compensation philosophy and what the compensation program centers around. According the company's philosophy, the compensation for named executive officers is made up of three components; salary, stock options, and performance–based bonuses. The fourth proposal to vote on is proposed by a stockholder. Southwest Regional Council of Carpenters Pension fund who is the beneficial owners of less than 100 shares, proposes for a director election majority vote standard. The company lists reasons as to why that is not a good fit for the board and recommends shareholders to vote against the proposal. The proxy statement lists three other stockholder proposals to vote on, if they are presented at the upcoming annual meeting. The board recommends that the shareholders vote against all the three proposals and gives explanations for what is best for the ... Get more on HelpWriting.net ...
  • 26.
  • 27. Service Agreement For Cherry Creek Concierge Service Agreement This agreement is made and entered into between Cherry Creek Concierge (Provider) and Zocalo Community Development (Client) for On–site concierge services at Coda located at 100 Steele St. Denver, Co 80206 Effective the 17th day of October, 2016 Term of this agreement 12 months The beginning date of on–site services is to be set by the client, the provider agrees to work off–site and not bill the client until the provider begins the on–site portion of this agreement. BACKGROUND: A. The Client is of the opinion that the Provider has the necessary qualifications, experience and abilities to provide services to the Client. B. The Provider is agreeable to providing such services to the Client, on the terms and conditions ... Show more content on Helpwriting.net ... The Client shall provide one dedicated onsite parking space . Termination of contract: If and when this agreement is terminated there shall be a 30–day written notice. With the 30–day written notice all tangible and intellectual property that belongs to the Client shall be surrendered. Any monies owed the Provider shall be paid in full in the same 30–day period. Any proprietary or intellectual property that is not directly related to resident information shall remain with the Provider. On–Site Coverage: It is hereby agreed that the Provider will provide on–site concierge coverage for the following hours. Monday – Sunday 6:00 pm – 12:00 am When the concierge is away from the desk or not in the office they are always available via phone. Payment for services: The Client and Provider hereby agree to the following payment schedule, The Client shall pay the Provider the following amounts on a monthly basis per the Client's payment cycle via direct deposit to the Provider's bank account. Up to 50% leased $1900 per month 50% – 90% leased $3800 per month 95% leased $9050.per month. The base pay is on total units not on leased
  • 28. ... Get more on HelpWriting.net ...
  • 29.
  • 30. The Importance Of Containation In A Regulated Industry An approval from directors of each corporations is required in the transaction of a merger plan. Additionally, the approval should be filed with the state officials which will issue a certificate of merger to the surviving company. In a regulated industry, a company requires approval of acquisition from a regulator and the likelihood and speed of antitrust or regulatory approval might be affected by how merger trends in its industry (AKD, n.d.). Antitrust approvals prevents illegal practices that are price–fixing and mergers conspired by companies who want to achieve monopoly power. This would decrease the competitive vigor of the markets. Therefore, antitrust approval is necessary in an open market because a competitive market lower ... Show more content on Helpwriting.net ... For stocks, regulation allows the investors to receive related materials, holdings, and the identity about the entities. Under the rule of the SEC, there is several requirements of shareholder disclosure such as disclosure request from fund managers and issuers as well as funds that are entitled to obtain beneficial owner information. The rules also states that no information available on the risk incurred in situations of violation by shareholders or investors. However, registration requirement with the SEC is a burden for small business, and thereby securities issued up to $5 million are not required to register with the SEC (Important Notes, 2016). 6. What Regulatory Filings are required? Form S–4 is required for companies to register with the U.S Securities and Exchange Commission (SEC) to issue securities in business combination transaction ("SEC Form S–4", 2008). Public companies should make the SEC filings for any true material information related to merger or acquisition activity. Also, the fact that how market trends in the industry might affect the speed of issue for companies. Moreover, the form is also submitted by companies undergoing an exchange offer. Form S–4 allows investors to get financial and operational information regarding securities issued, and to prevent them from fraud in the sale of the securities ("SEC Form S–4", 2008). After registering with the SEC, public owned companies should prepare annual report on Form ... Get more on HelpWriting.net ...
  • 31.
  • 32. The Information System Of An Electronic Records Management... The term Electronic Records Management (ERM) System refers to a technological program or group of programs that are created with the intention of tracking and maintaining records on a computer. The software can be utilized in a way to achieve the construction and conservation of archives within cataloging arrangements, apply retaining and disposing timetables, and govern how it is accessed and used. An ERM system should possess the capability to retain records made by the applications and systems of the company. An ERM system should be able to maintain records, as well as all metadata, and sort it within a specific method of classification. Records kept in electronic form have different metadata from records kept in physical form, and as ... Show more content on Helpwriting.net ... Due to the rising popularity of Electronic Records Management systems, the goal of a paperless office continues to get closer. ERM has the ability to utilize scanners to make digital copies of every document. These documents are then coded and attached to specific files or accounts and optical character reading (OCR), systems are used to provide insight into the contents of each page. From the time it enters the organization; the digital version of the document is stored and filed for future use. ERM allows a document to become accessible from any computer by an authorized employee from the moment the document is scanned. This is much easier than having an employee access a traditional paper file, which has to be kept in a filing cabinet or area and then will have to be requested, retrieved and delivered before the employee can view it. ERM also allows multiple people to look at a file at the same time, as opposed to having to wait your turn because your coworker is already using the file that you need. Not only does ERM allow for the replication of digital versions of documents, a database is created which allows employees to search for a document at the click of a button. So, if a company needs to find all records that reference a particular customer, they could simply search the database for the client's name, and all files will pop up almost instantly. ... Get more on HelpWriting.net ...
  • 33.
  • 34. Analysis Of A Twisted Love Story Sequence Analysis: A Twisted Love Story Kar–Wai's film, In The Mood For Love, is a Chinese melodrama, set in Hong Kong, during 1962. This film is not a traditional romantic drama, but rather it shows the irony of love, which connects to a larger audience. Throughout this film, there are many unique camera shots, such as using a mirror to be dramatic, but mysterious. This can also be said for the long shot scenes in the apartment building that both of the main characters, Mrs. Chan and Mr. Chow live with their respected partners. Within the entire film, there are many scenes where a person is seen, but their face remains anonymous. There are countless shots that give off a mysterious tone through the mise–en–scène, from having the camera behind a dirty window, to only showing a person's back. As the sequence begins, in Shot 1, the audience sees what looks to be a lamp with trees on it in the foreground, while a buzzing noise is ringing in the background. As the audience, we have no knowledge as to what this symbolizes. Within a few seconds of the lamp being on screen, there is a cut to a new camera, Shot 2, showing a door with a small window in it. Through this window we see the back of a woman walking to open her door. Another camera swap, and the audience have now seen Mrs. Chan's face, with a dark background behind her. She is wearing a one–piece outfit, which looks to be inspired by the 1960s as it is very colorful. There are stripes of red, blue, yellow, green, and even ... Get more on HelpWriting.net ...
  • 35.
  • 36. Pr Communication Memo FOR IMMEDIATE RELEASE Violet Silk Industries 123 Abcde Rd. Marietta, CA 25365 www.violetsilkindustries.net Contact: Mark Silkman Office: 555.123.4568 Pager: 555.234.9548 Fax – 555.123.7654 msilkman@violetsilkindustries.net Violet Silk Industries' CFO Has Departed Amid SEC Investigation Marietta, CA December 10, 2012 – For unknown reasons, CFO John Doe, Jr. suddenly departed from Violet Silk Industries (VSI) yesterday. Prior to his departure, a SEC investigation was launched to determine if the accounting practices surrounding revenue recognition of VSI were faulty. VSI is cooperating with the investigation and has hired an external audit team to analyze GAAP revenue recognition compliance. VSI's controller, Bluie Redman will ... Show more content on Helpwriting.net ... This form is required to filed "within 4 business days" of CFO John Doe Jr.'s departure (Securities and Exchange Commission, 2004, p.15595). Value of Crisis Communication Seitel (2011) writes that the best thing to do during a crisis is to "tell it all and tell it fast!" (p. 390). This is necessary because the more the public knows the less chance for rumors to develop. Rumors are typically built on speculation stemming from the unknown, and rumors can seriously affect this company's reputation. In this case, unfortunately, rumors have already developed, but the company has a chance to control the message and possibly alleviate stakeholder concerns through a public press release. Calming stakeholders and ethical considerations Ethically, the company must provide any information the SEC seeks, whether the information is positive or negative. The company's external stakeholders, such as customers and creditors, will value the honesty and transparency reflected in the 8–K filing as well as the forthcoming press release. This company's reputation can be rebuilt over the course of time with regular, truthful, and accurate corporate communication. Perception of press release "Firms engaged in wrongdoing ... may lose stakeholder approval because such conduct violates stakeholder perceptions of acceptable firm behavior and ... Get more on HelpWriting.net ...
  • 37.
  • 38. Gaap Earnings Vs Non Gaap Lately, it is becoming more and more common for companies to report their financials using Non– GAAP earnings. "A non–GAAP financial measure is a numerical measure of an issuer's historical or future financial performance, financial position, or cash flow that excludes amounts that are found in GAAP financials" (SEC, 2002). Non–GAAP earnings are an alternative way of reporting the performance of a company as opposed to GAAP earnings. Many companies often report non–GAAP earnings alongside the required GAAP earnings. They claim that non–GAAP earnings more accurately depicts what the company is going through and precisely shows their financials. A few common examples of non– GAAP earnings are pro forma earnings, cash earnings, operating earnings, and EBITA (SEC, 2002). Pro forma refers to earnings, which exclude non–recurring items (SEC, 2001). It is regularly found that technology startups are responsible for a lot of the use of non–GAAP earnings because these corporations remove certain items like taxes in their non–GAAP accounting to turn loss into profit (Young 2013). Because of the lack of standardization and the potential for creative accounting, it makes it difficult to draw relevant comparisons among companies or draw meaningful information from these statistics. These reasons alone make the SEC and investors very weary about the implementation of it. An example of a company that uses non– GAAP earnings is Macy's. Being such a large company to report their ... Get more on HelpWriting.net ...
  • 39.
  • 40. Eleventh Circuit Limitations On May 26, 2016, the United States Court of Appeals for the Eleventh Circuit in SEC v. Graham, No. 14–13562 (11th Cir. May 26, 2016), reached an important decision. The court extended the reach of 28 U.S.C. § 2462, the five–year statute of limitations for "any civil fine, penalty, or forfeiture" applicable to enforcement actions by the Securities and Exchange Commission ("SEC"). The court held that SEC enforcement actions for declaratory relief and disgorgement were subject to the five–year statute of limitations. The Eleventh Circuit built its ruling on top of a decision by the Supreme Court, Gabelli v. SEC, 133 S. Ct. 1216 (2013), which held that 28 U.S.C. § 2462 applied to SEC civil penalty actions. In Graham, the defendants' alleged violations ... Get more on HelpWriting.net ...
  • 41.
  • 42. Essay on Groupon Case Assignment 2014 ACTG 630 – Case Assignment Due: Wednesday, December 3 Please submit one assignment per group. No more than 3 students per group. Read "Growing Pains at Groupon" by Dutta, Caplan and Marcinko (2014) and complete the questions included in the Case Requirements section (beginning on page 238). Instructions for accessing the FASB Codification database: 1. Go to http://aaahq.org/ascLogin.cfm 2. User ID: AAA51526 3. Password: x43AYtX ISSUES IN ACCOUNTING EDUCATION Vol. 29, No. 1 2014 pp. 229–245 American Accounting Association DOI: 10.2308/iace–50595 Growing Pains at Groupon Saurav K. Dutta, Dennis H. Caplan, and David J. Marcinko GROWING PAINS AT GROUPON A s an undergraduate music major at Northwestern University, Andrew Mason eagerly ... Show more content on Helpwriting.net ... The company's revenue growth was also impressive. Beginning with $94,000 in 2008, revenue had grown to $713 million in 2010. In the first quarter of 2011, the company nearly equaled its entire 2010 sales, reporting revenue of $644 million, and total revenue for 2011 was $1.6 billion. Andrew Mason became a media star, appearing on CNBC and The Today Show. In August of 2010, he appeared on the cover of Forbes magazine, which touted Groupon as ''the fastest growing company– ever.'' The spectacular growth attracted more than media attention. Groupon quickly found itself pursued by corporate suitors. By mid–2010, Yahoo! offered to purchase the company for a price between $3 billion and $4 billion–it was an offer that Mason, who had no wish to work at Yahoo!, quickly turned down. Google then approached Groupon with an offer that would eventually grow to nearly $6 billion. Groupon rejected Google's offer, as well. Faced with an ever–growing need for cash, this decision left Mason and Lefkofsky with only one option: to take Groupon public. They did so on November 4, 2011, at an IPO price of $20 per share, yielding a market capitalization of $13 billion. On the day of the IPO, the stock closed near its all–time high of $26 a share. It traded in the range of $18 to $24 for several months following the IPO. The stock price then declined precipitously after March 30, 2012, as shown in Figure 1, following the announcement of a material weakness in internal controls, ... Get more on HelpWriting.net ...
  • 43.
  • 44. Innovation Stratagy Paper Str 581 Week 2 Innovation Strategy Paper Amos U. Wilson, II, Belinda Cardenas, Laura Lopez, Russell Blankman University of Phoenix SRT/581–Strategic Planning and Implementation Corky Sarvis Innovation Strategy Paper Innovation strategies are critical to business success and longevity. They allow companies to remain competitive in current trends and set the pace for future trends. VIZIO is an organization that provides high definition entertainment options and unmatchable value through televisions and home theater systems. The idea that everyone deserves to own the latest technology is the foundation for their endeavors (About, 2011). This paper serves to describe and evaluate VIZIO's innovation strategy. It will also provide ... Show more content on Helpwriting.net ... VIZIO recently launched a new line of Blu–ray players, mobile devices and televisions that will integrate the streaming video game service OnLive. In addition, VIZIO has also partnered with Asus to launch four tablet computers. The first tablet to launch, the Eee Slate EP121, will be one of the largest tablets yet at 12.1 inches (Mangis, 2011). It will also include Windows 7, an Intel Core i5 processor, and a widescreen display with touchscreen capabilities. As part of its innovative product strategy, VIZIO constantly surveys its customers to discover what they are looking for in the future of electronic technology. VIZIO has found that customers want to see the family television function as the family computer. As a result, VIZIO is working on creating a television with computer capabilities that include Internet use for U–tube viewing, Facebook, and software use. Essentially, the family television will have all the capabilities, including touchscreen that computers and mobile devices have but on a larger scale. The company is even making it possible to download digital family games to the television for family enjoyment. The challenge will be to provide this technology at an affordable price (Mangis, 2011). Conclusion Innovation and innovation strategies are critical to keeping companies competitive in their chosen
  • 45. fields of endeavor. Consumers benefit significantly from the availability of and access to the latest in technology. This paper ... Get more on HelpWriting.net ...
  • 46.
  • 47. Acc 553 Week 6 You Decide Essay I have reviewed your situations and each of your tax considerations and outlined my advisement below. Part I: Discuss the various forms of organization that are available to Penelope, Mark and John. There are a few different options from which you can chose to organize your business under. For example: partnership, LLP, S Corporation, C Corporation for which I know you are all familiar with. It is my duty to give you my own educated and unbiased opinion to which would be most beneficial to all of you. Part II: Make your recommendation as to what form of organization you believe will be best and be sure to explain the reasoning for your choice. I find the Limited Liability Partnership to be the best form of organization for your ... Show more content on Helpwriting.net ... This means that a partnership interest will have a split holding period. Part IV: Discuss, in detail, how this entity is taxed (if at all) and what filing requirements it has with the IRS. An LLP has pass–through taxation and the income is reported on each partner's personal tax returns, avoiding any federal tax on profits. (Code Sec. 702) The LLP will be taxed this way by default; however the option to be taxed as a corporation is also available. Every partnership must file an annual return regardless of the amount of its net income or its net loss in its operations. (Code Sec. 701; Reg. §1.701–1; Code Sec. 6031). Form 1065 must be filed every year by the 15th of April. Part V: Discuss how income and distributions may/will be allocated to Penelope, Mark and John. Profits are shared equally or by percentage ownership if that is how you divide the company ownership. Part VI: Discuss, in detail, how the individuals are taxed (if at all) with respect to the net profits from this entity and what filing requirements they will each have with the IRS. Individuals in a partnership are normally liable for filing personal income taxes, self–employment taxes and estimated taxes for themselves, according to the Internal Revenue Service. Each individual will file a Schedule K–1. The partnership itself is not responsible for paying taxes. The credits and ... Get more on HelpWriting.net ...
  • 48.
  • 49. Ethics and Compliance Paper Walmart is one of many companies who report its filing with the United States Securities and Exchange Commission. The purpose for writing about Walmart 's Ethics and Compliance paper is to inform the reader about Walmart 's important compliance processes. SEC filings, analysis of financial statements, requirement for certification and legal proceedings will be explained throughout further reading. Procedures for Ethical Behavior Walmart has an official statement of ethics which is meant to be applied to not only the associates and directors employed by the organization but also third parties. These third parties include suppliers, consultants, public relations firms, contractors and all other third party companies who conduct business ... Show more content on Helpwriting.net ... The legal department will provide a comprehensive list of the legal proceedings. Three officers, the President and the CEO, the Executive Vice–President and CFO as well as the Senior Vice President and Controller must sign the filings. For detailed report on the filings please see: http://yahoo.brand.edgar–online.com/DisplayFiling.aspx?dcn=0000104169–08–000006. The information about these processes in the organization is obtainable by examining the actions that show compliance with SEC requirements. One of the best places to get information about the internal processes of Walmart is to examine the proceedings of the law suits filed against Walmart and the disclosures in the court contains information about the internal proceedings of Walmart. The following web sites offer one the opportunity to examine Walmart's compliance with SEC requirements: http://walmartstores.com/Investors/SECFilings.aspx or http://www.wakeupwalmart.com/press/article.html?article=784. Apart from this, the SEC is responsible for the enforcement of the Sarbanes–Oxley Act, the Investment Advisers Act of 1940, the Investment Company Act of 1940, Trust Indenture Act of 1939 and the Securities Act of 1933. In consideration of the Sarbanes Oxley Act, the CPA auditor of Walmart is required to comment on the internal control of the company. The auditor of Walmart, Ernst & Young carries out the requisite examination of ... Get more on HelpWriting.net ...
  • 50.
  • 51. In The Mood For Love Film Analysis Kar–Wai's film, In The Mood For Love, is a Chinese melodrama, set in Hong Kong, during 1962. This film is not a traditional romantic drama, but rather it shows the irony of love, which connects to a larger audience. Throughout this film, there are many unique camera shots, such as using a mirror to be dramatic, but mysterious. This can also be said for the long shot scenes in the apartment building that both of the main characters, Mrs. Chan and Mr. Chow live with their respected partners. Within the entire film, there are many scenes where a person is seen, but their face remains anonymous. There are countless shots that give off a mysterious tone through the mise–en–scène, from having the camera behind a dirty window, to only showing a person's back. As the sequence begins, in Shot 1, the audience sees what looks to be a lamp with trees on it in the foreground, while a buzzing noise is ringing in the background. As the audience, we have no knowledge as to what this symbolizes. Within a few seconds of the lamp being on screen, there is a cut to a new camera, Shot 2, showing a door with a small window in it. Through this window we see the back of a woman walking to open her door. Another camera swap, and the audience have now seen Mrs. Chan's face, with a dark background behind her. She is wearing a one–piece outfit, which looks to be inspired by the 1960s as it is very colorful. There are stripes of red, blue, yellow, green, and even brown travelling all the way up to the top of her neck. Her hair looks to be very proper, and elegant looking for Hong Kong in 1962, when women were abiding the standards of couples and proper decorum of women, which was the era this movie was shot to look like. There is then a conversation between Mrs. Chan and another woman, whose face we do not see throughout the whole conversation. Shot 3 is one continuous shot throughout the entire almost forty–second–long conversation between Mrs. Chan and the mysterious woman. After the woman declined to chat with Mrs. Chan, there is another cut, Shot 4, where the camera is pointed towards Mrs. Chan, who is facing the door which was just previously shut in her face. For about five seconds there is no sound and very little movement as Mrs. ... Get more on HelpWriting.net ...
  • 52.
  • 53. Benefits Of Interactive Data To Improve Financial Reporting Answer: It is reasonable to exempt small companies with revenue under $250 million from filing in XBRL format for a short period (3–5 years) for the cost of preparation, but it is not a good idea to implement this exemption for long time. 1) XBRL has significant benefits for the transparency improvement of financial report. As Du and Vasarhelyi et al., (2013) stated, there has been over one decade of studies and evaluations on Internet–facilitated financial reporting in general and XBRL in particular (Ashbaugh et al. 1999; Debreceny et al. 2002; Ettredge et al. 2002; Debreceny et al. 2005; Kelton and Yang 2008; Debreceny et al. 2010). These studies explored, advocated, and generally supported the idea of using the Internet to ... Show more content on Helpwriting.net ... Potential users include regulators, accountants, banks, analysts, investors, management, and any other member of the financial information supply chain. The XBRL report can offer a platform to use an interactive language to communicate with each other informatively. The third benefit is the XBRL process and savings. Based on the old financial reporting system, company information is hosted on their website in PDF or HTML format, and this information is costly to retrieve, manipulate and utilize by other interested and concerned parties. Companies spend billions of dollars on this method of data presentation and transfer. Implementation of XBRL will result in cost savings and the data will be cheaper, better, and faster. 2) The cost of XBRL report for small companies The main reason for this exemption is the cost to prepare and file the XBRL report. But, as the two papers mentioned in the question argued, "A recent study of smaller filers by the AICPA showed that the median cost to file in XBRL in the US for the companies that would be covered by the exemption is USD $8000 annually, covering the detailed tagging of 3 quarterly financial statements and 1 annual financial statement, so it's fair to say that the savings claims by the proposal's supporters are somewhat overblown." It is not too much. So, in my opinion, some potential costs would happen in this time, but these costs would decrease step by step. The first cost is the psychological cost for small ... Get more on HelpWriting.net ...
  • 54.
  • 55. IRS Proposed Adjustment The purpose of this memo is to devise a response to a recent IRS Notice of Proposed Adjustment (NOPA) during a 2016 corporation tax audit for our new client XYZ. Currently, the IRS is challenging the firms per diem expense deductions. The client does not agree with the notification as they have deducted employee per diem expenses at a rate of fifty percent in the same manner year after year. XYZ successfully operates a Fortune 500 public company with yearly revenues exceeding $10 billion and the disallowance adjustment will potentially create a $5 million tax liability. However, our firm believes that the NOPA recommendations are not entirely enforceable and can be challenged to mitigate the proposed tax liability for a fee of $250,000. ... Show more content on Helpwriting.net ... Nevertheless, our firm suggests that our client review the annual statements of Exxon, Pfizer, and Wells Fargo to note the language used in their disclosures and calculation of current and past, uncertain tax positions. 10–Q and 10–K Recognition of the possible stance the IRS will take is the first step to evaluating whether the matter should be published as an addendum to the financial statements. The Securities and Exchange Commission (SEC) made multiple changes on how a company needed to report and disclose relevant financial information to provide transparency to investors due to the birth of Sarbanes Oxley (SOX). Consequently, public companies' management must reveal their knowledge of any current or potential financial concerns "that might materially affect their financial statements" on their annual 10–K and quarterly 10–Q filings (Chasen, 2015). U.S. GAAP supplies the principles of whether a "tax position has met the more likely than not recognition threshold and if the likelihood of the item will be greater than fifty ... Get more on HelpWriting.net ...
  • 56.
  • 57. Reviewing The Sec 's Review Process Essay Read the article titled "Reviewing the SEC's Review Process: 10–K Comment Letters and the Cost of Remediation" by Cory Cassell, Lauren Dreher and Linda Myers (The Accounting Review, Volume 88 No: 6, November 2013, pp. 1875–1908). The online edition of the journal is available through the GMU University Libraries website. Use your own words as far as possible to avoid plagiarism issues and answer the following questions: i) Summarize the SEC's 10–K review process. Read the links to SEC website given in footnotes 7, 8, 9 and 10 to enhance your understanding before you write the summary. The SEC reviews reports filed on Form 10–K on a regular and systematic basis for the protection of investors by improving the information quality and the prevention of fraudulent activities in securities trading and markets by finding possible violations of the securities laws. The Division of Corporation Finance is looking for conflicts with Commission rules or the applicable accounting standards or on disclosure that appears to be materially deficient in explanation or clarity. These reviews are required at least once every three years. The Division won't always review the entire filing. They may only review the financial statements, or in some cases they may only review and examine the filing for a targeted issue. If more clarification is required or if the filings material is not sufficient, then the Division issues comment letter and request additional information to understand the ... Get more on HelpWriting.net ...
  • 58.
  • 59. Initial Public Offering Paper The focus of this paper is to examine and research the financing issues that an organization must face when going public. The team has selected Chipotle Mexican Grill, Inc. as the organization which has had an initial public offering in the last three years. The learning team will address registration, disclosure, and compliance issues and cost of issuance. In addition, the team will examine the impact on ownership control and return as well as the source and application of funds. Financing Issues that an Organization Faces When Going PublicAn Initial Public Offering (IPO), is extremely expensive for organizations. It is common for a small business to pay between $50,000 and $250,000 to organize and publicize an offering. According to ... Show more content on Helpwriting.net ... (Disclosure ,2008) In Chipotle's SEC filing they disclosed the prospectus statement, financial data, and future plans. Through there prospectus statement Chipotle makes it clear that they are set apart from other chains by serving "Food with Integrity". However, there are risks involved in investing, they are as follows: the number of new stores rapidly being established, lack of independent operating history, ability to continue to grow and profit, and health and safety concerns regarding the ingredients used among others. Although the risk factors are in place, Chipotle's financial data provides more assurance of returned profit on investment. In their "Rapidly Improving Financial Performance" section of the SEC filing they state a 130% increase in revenue in 2004 of 470.7 million up from 2002 and 49% up from 2003. And, average sales in new restaurants after 90 trading days increased 24.9% a total of $303,390. From 2002–2004 Chipotle opened a total of 237 stores. Their increased financial growth is attributed to "word–of–mouth" sales and quicker implementation of Chipotle culture in the area of the new restaurant. Also, more people are aware of Chipotle, thus increasing average opening sales.( Form S–1/A ,2005) The future plans of Chipotle is to expand operations and sales by opening new stores. They forecast opening a total of 75 stores in 2005 of which 58 were already opened at the time of the SEC filing. In order to expand sales they plan to ... Get more on HelpWriting.net ...
  • 60.
  • 61. Securities Regualtions Study Guide XVI. Securities Regulation – 1933 Act A security is a contract, transaction or scheme whereby a person invests his money in a common enterprise and is led to expect profits solely from the efforts of a promoter or a third party (Howey test) Provide investors with information for securities offered for sale and to prohibit fraud in the sale of securities. The 1933 Act governs the public distribution of securities. It prohibits the offer or sale of securities to the public unless the offering is properly registered. A. Persons covered are underwriters, dealers and issuers. 1. Underwriter purchases securities from an issuer with the intent to distribute to ... Show more content on Helpwriting.net ... Accredited investors include: Up to 5 million. Advertising is not permitted. No unaccredited investors are allowed to purchase. * corporations, partnerships, or other organizations: * financial institutions; * with more than $5,000,000 of assets: * corporations and partnerships, not formed expressly for this investment; * non–profit organizations; * any entity owned entirely by accredited investors; * individuals or married couples * corporate or partnership insiders; * with assets worth more than $1,000,000; * or individuals who earned at least $200,000, or $300,000 for a married couple, in the last 2 years, and expect to make at least the same amount in the current year. b. Rule 504 A non–reporting company can raise up to $1,000,000 from any number of individuals, accredited or not, without a SEC registration. General offering and solicitations are permitted under Rule 504 as long as they are restricted to accredited investors. Shares are not restricted. 1) Offering cannot exceed $1 million in a 12 month period. 2) Unlimited number of investors or unlimited type ... Get more on HelpWriting.net ...
  • 62.
  • 63. Technical Review : Extensible Business Reporting Language This chapter provide the necessary definitions of terms used in the consecutive analysis and answers the first two subquestions of the research: "What is XBRL and how does it work?" and "What is an extension and when it is used by filers in XBRL submissions?" XBRL (eXtensible Business Reporting Language) is a programming language for the electronic communication of business and financial data around the world (Weber, 2003). XBRL is based on XML document (Extensible Markup Language). According to XML, the identification labels are applied to data for better processing through the use of software (Debreceny et al, 2010). 2.2 XBRL historical review The copyright of the XBRL standard belongs to an independent non–profit legal entity, "XBRL International", incorporated in 2001 on the initiative of the professional body accountants in America (American Institute of Certified Public Accountants – AICPA). The idea was born in 1998 by Charles Hoffman, who was looking for a better way to create, share and distribute financial information. XBRL aims to improve business reporting and information exchange between entities. XBRL introduction is "revolutionary", since the data are fully in digital format and thus can be processed easier than PDF or HTML formats. The creators of XBRL support that this step is similar to the change from the paper maps to digital maps (XBRL International 2015a). Currently a representation of the XBRL International consortium exists in many countries and ... Get more on HelpWriting.net ...
  • 64.
  • 65. Accounting Irregularities at Groupon Accounting Irregularities at Groupon Introduction In September 23 2011, Groupon (the Company), a rapidly growing online coupon merchant was forced by the SEC to file a restated S–1 registration statement. The reason for the restatement was that the SEC objected to the accounting methods that Groupon used in the calculation of its revenue, causing it to be overstated. According to Villanova University (2012), Groupon's auditors at Ernst & Young stated that Groupon was not setting aside sufficient funds to cover potential refunds to customers and this was allowed to persist due to "material weakness in the company's internal controls". Background When a customer purchases a coupon through Groupon's website, the Company and the ... Show more content on Helpwriting.net ... Restated Income Statement Prior to Groupon's IPO, the SEC forced the Company to restate the S–1 financials for 2008, 2009 and 2010 under GAAP. Gone was the ACSOI accounting metric that allowed it to inflate its revenue figures. The company also reported in its updated 10–K filing that it had started to use an improved refund model to better track and ensure that it maintains a reserve for anticipated refunds. The new more subdued figures can be seen below in Figure 2. Figure 2 Conclusion Having reported their earnings in the S–1 filing with less stratospheric revenue figures, investors were afforded the ability to approach the titan coupon merchant with a less gullible sense of enthusiasm and a more realistic sense of skittishness that should be warranted with an IPO sporting such inflated figures. As of this writing, the company does show good revenue growth but net income has been bumpy with consistent losses in the hundreds of millions. The new numbers show a company with an unproven business model and a justifiably meek stock price near an all time low of $3.83 for investors who might be looking for a lottery–ticket quality investment. In an age where corporations like Xerox and Enron have managed to scam investors with accounting irregularities, the fact that this questionable practice was discovered prior to the Company's IPO makes this a story about how sometimes the system works. References Catanach, A. H. (2011).
  • 66. ... Get more on HelpWriting.net ...
  • 67.
  • 68. Evaluation Of An Sec 's Voluntary Filing Program Bortiz & No (2008) examined whether XBRL documents, furnished to the SEC's XBRL Voluntary Filing Program VFP on EDGAR, conform to the suggested XBRL taxonomies and specifications as well as requirements for XBRL filings and whether the quality of XBRL filings improved between 2005 and 2007. Their examination include 9 points investigated to achieve their goal, use of extension taxonomies, notes and MD&A, agreement of XBRL–related documents with official filings, consistency, validation tests for extensions taxonomies and instance documents, FRIS and FRTA tests, and other errors. Related to the use of extensions after analysing 68 companies in the VFP as of December 31, 2007, they found all 304 filings contained extended taxonomies. On average, companies used 163 approved taxonomy elements and 190 extension elements, which represents 55.4% of the total elements used. So, the needs to create customised taxonomies to enable their XBRL filings to fit the official filing is needed. The authors recognised that it was not possible to justify all the extensions noted because of the absence of any statement by the company or an assurance provider about the extensions. Related to Notes and MD&A, they found that only 13 XBRL documents included notes, and only one of these also provided MD&A. None of the companies had an accountant's report or assurance report, although three earlier filings by two companies had assurance reports. They found a discrepancy between the two XBRL software ... Get more on HelpWriting.net ...
  • 69.
  • 70. The Case Of Cardillo Travel Systems Essay Situations arise that cause companies to conduct or record fraudulent transactions to deceive the stakeholders or in the case of Cardillo Travel Systems, meet court orders. Cardillo Travel Systems, ranked as the fourth largest company in the travel agency industry, was founded in 1935 and purchased by A. Walter Rognlien in 1956. After being acquired by Rognlien, annual revenue increased steadily but expenses were increasing at a more rapid rate. By 1985, Cardillo was involved in a lawsuit and a court injunction required the company to maintain at least $3 million in stockholders' equity. Around the same time, Rognlien had negotiated a transaction with United Airlines that if record as revenue would ensure the minimum stockholders' equity was met (Rittenberg, Johnstone, Gramling, & Knapp, 2012). As with most fraudulent activity, management worked together to get around the terms of the agreement and get the transaction recorded. This action led to the various violations including making false representations to outside auditors, failing to maintain accurate financial records, failing to file prompt financial reports with the Securities Exchange and Commission (SEC) and violating insider trading provisions. Securities Exchange and Commission Charges Issued The SEC found three of Cardillo's executives, CEO A. Walter Rognlien, COO Esther Lawrence, and Vice President of Finance William Kaye, guilty of violating several federal securities laws. All three executives provided false ... Get more on HelpWriting.net ...
  • 71.
  • 72. The Street That Got Mislaid Plot of the Short Story the Street that Got Mislaid 1. Exposition a.)Marc Girondin – the main character on the short story, who had worked in the filing section of the city hall's engineering department for so long that the city was laid out in his mind like a map, full of names and places, intersecting streets and streets that led nowhere, blind alleys and winding lanes. b.)Michael Flanagan– who lives at number four," she went on, "a most interesting man, who said that if miracles happened, we should aid and abet them, who had the door built and put up at the entrance to keep out passers–by or officials who might come along. c.)Jean Desselin –he's in number six and sometimes goes into the city returned. ... Show more content on Helpwriting.net ... Marc Girondin had worked in the filing section of the city hall's engineering department for so long that the city was laid out in his mind like a map, full of names and places, intersecting streets and streets that led nowhere, blind alleys and winding lanes. In all Montreal no one possessed such knowledge; a dozen policemen and taxi drivers together could not rival him. That is not to say that he actually knew the streets whose names he could recite like a series of incantations, for he did little walking. He knew simply of their existence, where they were, and in what relation they stood to others. But it was enough to make him a specialist. He was undisputed expert of the filing cabinets where all the particulars of all the streets from Abbott to Zotique were indexed, back, forward and across. Those aristocrats, the engineers, the inspectors of water mains and the like, all came to him when they wanted some little particular, some detail, in a hurry They might despise him as a lowly clerk, but they needed him all the same. Marc much preferred his office, despite the profound lack of excitement of his work, to his room on Oven Street (running north and south from Sherbrooke East to St. Catherine), where his ... Get more on HelpWriting.net ...
  • 73.
  • 74. Week 4 You Decide Activity 1 Prepare a three–page memo (at least 900–1,500 words per page) to John and Jane Smith addressing the issues presented: 1. John Smith tax issues: a. How is the $300,000 treated for purposes of federal tax income? b. How is the $25,000 treated for purposes of federal tax income? c. What is your determination regarding reducing the taxable amount of income for both (a) and (b) above? d. Is it more beneficial to continue leasing the business space or to buy the building? 2. Jane Smith tax issues: a. What are the different tax consequences between paying down the mortgage (debt) and assuming a new mortgage (debt) for federal income tax purposes? b. Can John and Jane Smith utilize a 1031 tax exchange to buy a more expensive house using ... Show more content on Helpwriting.net ... You are not eligible to utilize a 1031 exchange. A 1031 exchange is for property held for production in a trade or investment purposes. Personal residences do not qualify.vii A 1031 exchange is for deferring taxes on capital gains and depreciation recapture on business property. Section 61(a) also includes hobby income in taxable gross income. The $20,000 that you made from selling the jewelry you hand crafted is considered income from a trade because your motive is to make a profit. IRS Publication 535 also outlines that making jewelry is a business because of the time and effort put into it and that you expect to continue to make a profit from it. If you want to keep the jewelry as just a hobby you can only deduct expenses to the extent of your income under Section 183.viii You could not make jewelry with the intent to make a profit. You would be much better off if you keep the jewelry as a separate business so that you could take business deductions in excess of your income. As a hobby, you would lose out on depreciation and other expense deductions beyond your income. Hobby deductions are only taking on Schedule A. If you have a year that you do not have enough to itemize your deductions you would lose out on all of the business expenses. It would also be beneficial to set up a limited liability company. (LLC) A LLC limits the partner's liability to your basis in the company ... Get more on HelpWriting.net ...
  • 75.
  • 76. Football Playoff Game Analysis Last week we looked extensively at Wisconsin's chances to make the College Football Playoff. We will be re–evaluating that in future weeks. For this week we are going to briefly look at the big picture and see what it will take for each top–25 team to make the playoff. For some it will not take much (Alabama) for some it will take the near impossible and their best chance is to play spoiler. By understanding other team's chances to make the playoffs we can see why each game is important and how each game affects the Badgers. Keep in mind that in the last two years, teams that ranked in the double digits made the playoff. Who could it be this year...? The rankings we will be going off are the playoff rankings that were revealed Tuesday night by ... Show more content on Helpwriting.net ... They still need Auburn to lose again, but they play Alabama so that is possible. LSU will struggle to look too far ahead as they play Alabama this week. A win in this game would turn the whole SEC and the whole country on its head. A loss here would all but end LSU's chances at the playoff. Talk about a big game. 14. Oklahoma (6–2) Oklahoma is in prime position to win the Big–12, but in a conference where they are the highest ranked team, that win may not mean enough to make it to the playoff. 15. Colorado (6–2) Colorado was able to hang with Michigan when they played in week three, and lost to a resurgent USC a few weeks after that. Still, with two losses, Colorado controls its destiny. They still have Washington State and Utah on their schedule, but both of those games are at home, and if they win out they will have a chance to reach the championship game. Win there and anything can happen. 16. Utah (7–2) Utah, you had a good chance at it. The loss to Washington hurts, but the Utes put up a good fight and are not out of the race. If they beat Colorado in their last game of the season they could still make it to the PAC–12 championship game and get another shot at Washington. Revenge and a conference title would be so sweet for Utah. 17. Baylor ... Get more on HelpWriting.net ...
  • 77.
  • 78. Diamond Foods Accounting Scandal Diamond Foods Accounting Scandal BACKGROUND: Founded in 1912 as a walnut grower cooperative, Diamond Food's primary business involved buying walnuts from local California growers, processing the product, and reselling it. The San Francisco–based company converted from a cooperative to a public corporation in July of 2005, issuing its initial shares for $17. By 2010, Diamond Foods (DMND) had expanded and acquired a number of snack food companies including Kettle Brand® Chips and Pop Secret® popcorn and was negotiating the acquisition of the Pringles brand from the Procter & Gamble Company (Diamond Foods, 2014). The addition of the Pringles brand would make Diamond the second– largest global snack foods company behind PepsiCo, Inc., ... Show more content on Helpwriting.net ... The details of how these costs were pulled apart and separated will be further explained in the following section. From the beginning Diamond had put a focus on the commodity walnut market. The company had forged strong relationships with the growers of the nuts and held pride in continuing the positive relationship throughout the future of the company. So as the growers began to hand down larger costs, Diamond needed to find a way to ensure that the growers got the full amount they were seeking in order to keep ties strong and avoid the growers leaving Diamond for one of its competitors, while also continue to meet the earnings per share (EPS) expectations. According to the case filed by the SEC in 2014, "In February 2010, Diamond CFO Neil instructed members of the Finance Team to adjust the walnut costs to hit an EPS target for the second quarter. "Members of the Finance Team provided Neil with a walnut cost estimate that would result in reported EPS that would be higher than the consensus analyst of estimated $0.47 per share for the quarter" (SEC, 2014). However, the growers were not satisfied with this method of determining prices and threatened to leave Diamond if full costs were not received. Neil determined a way to close the gap through "continuity" or "momentum" payments. This technique allowed Diamond to pay the full amount that the growers were giving, but separated the costs out. Diamond only the portion on the financial ... Get more on HelpWriting.net ...
  • 79.
  • 80. The US Securities and Exchange Commission (SEC) Essay Introduction The US Securities and Exchange Commission (SEC) is the US federal agency that holds the primary mandate to enforce federal securities laws and regulations to control the securities industry and the country's stock exchange and regulation of all activities and organizations including the US electronic securities market. The SEC is committed to promoting a market environment that yields public trust characterized by integrity to attain its mission of protecting investors through maintenance of fair and efficient markets through facilitation of capital information (Basagne, 2010). The SEC financing is a major area of focus since there has been major concern regarding the SEC agency financing and whether they utilize the ... Show more content on Helpwriting.net ... Salaries and expenses collections are dedicated to implement SEC mission, functions and day–to– day operation in accordance with the congress established limits. Law categorizes excess collections in salaries and expenses categorized as non–budgetary fund managed by the treasury. Another budget resource in the form of funds from dedicated collections is the investor protection Fund. The fund is a dedicated collection that offers funding for whistleblower awards. This fund is financed by part of the monetary sanctions accrued by SEC in administrative and administrative actions by the SEC. The Reserved Fund On the other hand, the Reserved Fund is a portion of the registration fee SEC collects which amounts to over $50 Million in each Fiscal year and is deposited in the reserve fund. The balance for the reserve fund cannot exceed $50 million (Becker, 2012). The fund incorporates dedicated collections that SEC obligates up to $100 million in each fiscal year with the agency determining the use for which the fund is applied. The Miscellaneous Receipts Accounts Another budget resource for the SEC is the Miscellaneous Receipts Accounts. This account holds non–entity accounts and receipts sought from the custodial activities of the SEC that the agency couldn't make deposits into the funds it has jurisdiction over. These forms of account include money accrued from registration fees in excess amounts that is deposited into ... Get more on HelpWriting.net ...
  • 81.
  • 82. The U.S. Securities and Exchange Commission The U.S. Securities and Exchange Commission In economic society, most people like to invest their fortunes in the capital market and security market. As more and more investors join in the investing market which is very complex and fascinating, and it can be successful. Unlike the deposits are hypothecated by the federal government, stocks, bonds and other securities can lose value in capital market because their no surety. So the security and exchange commission play an important role in the capital market, and the important thing is the security and exchange commission demands the public companies should be disclose the meaningful financial and other information to the public. This provides an equitable environment and common knowledge ... Show more content on Helpwriting.net ... registrants of International Financial Reporting Standards (IFRS), issued by the International Accounting Standards Board. (c) The Role of the Division of Trading and Marketing The role of the Division of Trading and Marketing is that assists the Commission implement its responsibility for maintaining fair, orderly, and efficient markets. The Division's staff provides monitor major participants of the securities market, such as the securities exchanges; securities firms; self– regulatory organizations (SROs) including the Financial Industry Regulatory Authority (FInRA), the Municipal Securities Rulemaking Board (MSRB), clearing agencies that help facilitate trade settlement; transfer agents (parties that maintain records of securities owners); securities information processors; and credit rating agencies. The Division also monitors Securities Investor Protection Corporation (SIPC) that makes sure securities and cash in the customer accounts of the failed member brokerage firms. The additional responsibilities of Division include enforce financial integrity program for broker–dealers of the Commission, reviewing recommended new rules and change to existing rules submit by the SROs, assist the Commission to establish rules and publish interpretations on matters affecting the operation of the securities markets, and monitor the markets. (d) The Role of the Division of Investment Management The role of the Division of Investment Management is that ... Get more on HelpWriting.net ...