The Public Company Accounting Oversight Board (PCAOB) was created as part of a series of accounting reforms

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The Public Company Accounting Oversight Board (PCAOB) was created as part of a series of accounting reforms in the Sarbanes-Oxley Act of 2002. The PCAOB is a Government-created entity with expansive powers to govern an entire industry. Every accounting firm that audits public companies under the securities laws must register with the PCAOB, pay it an annual fee, and comply with its rules and oversight. The PCAOB may inspect registered firms, initiate formal investigations, and issue severe sanctions in its disciplinary proceedings. While the Securities and Exchange Commission (SEC) appoints PCAOB members and has oversight of the PCAOB, it cannot remove PCAOB members at will, but only "for good cause shown," "in accordance with" specified procedures. The SEC Commissioners, in turn, cannot themselves be removed by the President except for "inefficiency, neglect of duty, or malfeasance in office." Parties with standing have challenged the constitutionality of the Sarbanes-Oxley Act's creation of the PCAOB because it conferred executive power on PCAOB members without subjecting them to Presidential control. The basis for the challenge is that PCAOB members were insulated from Presidential control by two layers of tenure protection: PCAOB members could only be removed by the SEC for good cause, and the SEC Commissioners could in turn only be removed by the President for good cause. Decision?
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Smith and Robersons Business Law

ISBN: 978-1337094757

17th edition

Authors: Richard A. Mann, Barry S. Roberts

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