LEG 305 - OUTLINE for Week 3 Assignment (B) (1) (1)
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Week 3 Assignment – An Ethical Question
(Assignments should be submitted as a word document)
COVER PAGE (Centered)
Title Page
Week 3 –
Course – LEG 305
Professor –Harden
Write a three-page memo to your company leadership that explains your decision on whether or not to register the acquisition with the SEC. Imagine you are the auditor at Acme Company (a large publicly traded company based in the United States), which intends to acquire another company for a price of 8.5 billion dollars, or 7.8
percent of Acme’s total assets. The SEC has created materiality standard rule-of-thumb guidance (not a mandate or law) for mergers and acquisitions regarding reportable events. It states that mergers or acquisitions that exceed 5 percent of the acquiring company’s total asset should be registered with the SEC. So, technically, this acquisition is considered material and does not legally need to be registered. The
question is, should it be?
OUTLINE FOR COMPLETION OF WEEK 5
A.
Explain your approach to answering the question of whether to file using sound reasoning that includes all critical areas that will inform the decision. Consider the following:
a.
The criteria upon which you base your decision. b.
Ethical and professional reference points that guide you.
c.
Possible ramifications for shareholders or other potentially interested parties.
d.
State and justify your decision effectively using support from appropriate statutes, laws, or other ethical standards. Note: There is no right or wrong answer, but you must support your position.
B.
Conclusion – Does the transaction need to be registered with the Securities and Exchange Commission. C.
Reference Page – include the reference used to support your paper Sarbanes-Oxley Act of 2002, 107 P.L. 204, 116 Stat. 745
.
Sec. 406. Code of Ethics for Senior Financial Officers.
Code of Ethics Pursuant to Section 406 of the Sarbanes-Oxley Act of 2002
.
SEC Staff Accounting Bulletin No. 99 –
Materiality
.
* Be sure to cite sources throughout the text of your assignment to give credit to the original author
* Be sure to paraphrase information
* Be sure to remove hyperlinks
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