Tag: Rule 2-01 of Reg S-X

SEC proposes amendments to auditor independence rule related to debtor-creditor relationships

The SEC has posted a new rule proposal that would modify the analysis of auditor independence in the context of lending relationships between the auditor and certain shareholders of an audit client during the audit or professional engagement period. Under the current loan provision of Rule 2-01(c) of Reg S-X, some debtor-creditor relationships between an auditor and its audit client are viewed to taint auditor independence.  However, the SEC now believes that some of the provisions of this Rule are not as effective as they could be and may present unnecessary practical challenges.  The release indicates that the proposed amendments are designed to better focus the loan provision “on those relationships that, whether in fact or in appearance, could threaten an auditor’s ability to exercise objective and impartial judgment.”  As Wes Bricker, SEC Chief Accountant, told Bloomberg,  “[w]e’re trying to right-size” the Rule.The SEC is also soliciting comment on other potential changes to the loan provision or other provisions of Rule 2-01. Comments are due 60 days after publication in the Federal Register.