Securities Law Updates | New Proposed Legislation

March 27, 2009

Lower House Proposes New Accounting Oversight Board for Financial Markets

Federal Accounting Oversight Board Act of 2009
H.R.1349 , 3/5/2009

Lower House Proposes New Accounting Oversight Board for Financial Markets

Ed Perlmutter, D-Col., and Frank Lucas, R-Okla., introduced H.R. 1349, which would create a new Federal Accounting Oversight Board (“Board” or “FAOB”)  to oversee the application of generally accepted accounting principles (“GAAP”) to the financial markets.

Under the bill, the Board will include five influential members of the federal regulatory community, the Chairman of the Federal Reserve Board, the Secretary of Treasury, the Chairman of the Securities and Exchange Commission (“SEC”), the Chairman of the Federal Deposit Insurance Corporation (“FDIC”), and the Chairman of the Public Company Accounting Oversight Board (“PCAOB”).  Currently only SEC plays a role in how GAAP applies to financial markets, the congressmen pointed out. The Board would approve the standards set by the independent Financial Accounting Standards Board (“FASB”).

According to Perlmutter, the Board fits into responsible regulatory reform because a broader group of individuals with a view of the greater economy should be in charge of applying GAAP.

“As we work to stabilize financial markets and rebuild the economy, we must look closely at the regulatory structure to see what is helping and what is making things worse,” said Perlmutter. “If someone is ill, you don’t want a doctor to look at just one symptom and prescribe a remedy that could make the patient worse. The doctor must consider the overall health of the patient, and that’s what this bill does.”

Rep. Lucas commented, “By establishing safeguards like this oversight board to monitor accounting practices within the financial system, we are striving to provide greater flexibility in an ever-changing economic environment.”

The basic features of the bill are as follows:

•      Creates a new oversight board, the FAOB comprised of the Federal Reserve, Treasury, the FDIC, and the SEC, to approve the standards set by the independent FASB. 

•      Instructs the FAOB to look beyond current accounting standards and balance sheets to consider broad national and international financial markets and economic conditions when applying GAAP. 

•    The FASB is an independent board with the authority to set GAAP.  The legislation does not change GAAP, but it creates an environment where FASB will have the tools and flexibility it needs to adjust GAAP for future economic conditions. The legislation provides for discretion in the regulatory community to consider the overall condition of the financial markets in applying GAAP so the principles are not applied in a way that exaggerates or multiplies cycles in the markets.

View a PDF of the proposed legislation

Also See:

CFTC’s Division of Market Oversight Issues Advisory Addressing Bona Fide Hedge Transactions and Positions

Former Detroit Officials and Investment Adviser to City Pension Funds Asked to Account for Role in Influence-Peddling Activity

FTC Takes Action against Bogus Precious Metals Investment Scheme

SEC Releases Risk Alert on Unauthorized Trading

FTC Closes Eight-Month Investigation of Express Scripts, Inc.'s Proposed Acquisition of Pharmacy Benefits Manager Medco Health Solutions, Inc.

Companies Mentioned

Securities Law

The following companies are mentioned in Securities Law Updates:

Securities and Exchange Commission

Harris Associates, L.P.

Banc of America Securities LLC

Citicorp USA, Inc.

Jan Charles Finance S.A.

Park East, Inc.

CIBC World Markets Corp.

Citigroup Inc.

Barclays Capital Inc.

Citigroup Global Markets, Inc.

The Public Employees’ Retirement System of Mississippi

Morgan Stanley & Co., Inc.

Alex Brown, Inc.

Toronto Dominion Texas, LLC f.k.a. Toronto Dominion Texas, Inc.

SG Cowen Securities Corp.

Tellabs, Inc.

Deutsche Bank Securities, Inc.

Mizuho International PLC

Lydia Capital, LLC

Suntrust Capital Markets, Inc.

Makor Issues & Rights, Ltd.

ABN AMRO Inc.

Tribune Company

Fleet Securities, Inc. n.k.a. Bank of America, N.A.

City of Philadelphia Board of Pensions and Retirement

Staples, Inc.

The Bank of New York Company, Inc.

CIBC, Inc.

Citibank, N.A.

Metal Management, Inc.

European Metal Recycling, Ltd.

Salomon Smith Barney Inc. n.k.a. Citigroup Global Markets, Inc.

Calyon Securities (USA), Inc. f.k.a. Credit Lyonnais Securities (USA) Inc.

Salomon Smith Barney, Inc.

Calyon New York Branch (successor by operation of law to Credit Lyonnais New York Branch)

Dynex Capital Inc.

Citigroup, Inc.

JPMorgan Chase & Co.

Merit Securities Corp.

JPMorgan Securities Inc.

Teamsters Local 445 Freight Division Pension Fund

Aetna, Inc.

Scotia Capital (USA), Inc.,

Cowen & Co., LLC f.k.a. SG Cowen Securities Corp.

Societe Generale

SunTrust Bank

TD Securities (USA), Inc.

BMO Nesbitt Burns Corp. n.k.a. Harris Nesbitt Burns Corp.

Consolidated Leasing Hugoton Joint Venture #2

Buchanan Ingersoll & Rooney Professional Corporation

Additional Resources

Securities Law

Further Reading in Securities Law

Other Recent Summaries

Recent Expert Legal Commentaries