SEC urges Year 2000 disclosure.The Securities and Exchange Commission is requiring companies to disclose substantial year 2000 (Y2K See Y2K problem and Y2K compliant. Y2K - Year 2000 )-related computer costs. In staff legal bulletin no. 5, issued in January, the SEC Divisions of Corporation Finance and Investment Management said a company should disclose Y2K issues if they are material to its financial condition regardless of whether remediation programs or contingency plans A plan involving suitable backups, immediate actions and longer term measures for responding to computer emergencies such as attacks or accidental disasters. Contingency plans are part of business resumption planning. are in place. The requirements are effective for 1997 company filings. Most existing computer programs use only two digits to identify the year. If these programs are not updated, many computer applications could fall by or at the Y2K. For example, Chase Manhattan Bank The Chase Manhattan Bank, now part of JPMorgan Chase, was formed by the merger of the Chase National Bank and the Bank of the Manhattan Company in 1955. The bank is headquartered in New York City. and BankAmerica Corp. plan to spend more than $200 million each to be Y2K-compliant. The staff bulletin, originally published in October 1997, was amended to include specific guidance, including the requirement that companies include either of the following in their management's discussion and analysis Management's discussion and analysis (MD&A) A report from management to shareholders that accompanies the firm's financial statements in the annual report. It explains the period's financial results and enables management to discuss topics that may not be apparent in the financial : * The cost of Y2K compliance if it is a material event or uncertainty that would cause reported financial information not to be necessarily indicative of future operating results or financial condition. * The cost or consequence of incomplete or untimely Y2K compliance if it represents a material event or uncertainty that is expected to affect future financial results or cause reported financial information not to be necessarily indicative of future operating results or financial condition. The additional disclosure guidance came after Stuart Kessler, chairman of the AICPA AICPA See American Institute of Certified Public Accountants (AICPA). board of directors, and Robert H. Herz, chairman of the AICPA SEC regulations committee, sent a letter to SEC Chairman Arthur Levitt, Jr., and Commissioner Isaac C. Hunt, Jr., expressing their concern that many companies have not yet recognized the technological challenges of fixing the Y2K problem Y2K problem or Y2K bug: see Year 2000 problem. (Year 2000 problem) The inability of older hardware and software to recognize the century change in a date. or are still determining its potential cost and impact on operations. Kessler and Herz said they believed this information should be made available to investors. The SEC staff bulletin requires companies to review, on an ongoing basis, whether they need to disclose anticipated costs, problems and uncertainties associated with the Y2K issue. The SEC also requires Y2K disclosures in certain other filings, including companies' "Description of Business" (item 101 of regulations S-K and S-B S-B Stoer-Bulirsch (sampling algorithm) ) and, when necessary, form 8-K Form 8-K The form required by the SEC when a publicly held company incurs any event that might affect its financial situation or the share value of its stock. Form 8-K See 8-K. . Copies of the revised bulletin may be obtained from the SEC Web site at www.sec.gov. A copy of the AICPA letter to the SEC on the Y2K issue (document no. 1702) is available on the AICPA fax retrieval system by dialing from a fax machine 201-938-3787. |
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