State Codes and Statutes

Statutes > New-york > Pml > Article-2 > 240

§  240.  Yearly audit. 1. The franchised corporation shall, at its own  expense,  cause  its  annual  financial  statements  to  be  audited  in  accordance  with  generally  accepted  auditing standards by a qualified  independent  certified  public  accountant  approved  by  the  franchise  oversight  board. The annual financial statements shall be prepared on a  comparative basis for the  current  and  prior  fiscal  year  and  shall  present  the  financial position and results of operations in conformity  with generally accepted  accounting  principles.  Three  manually-signed  copies  of  the  audited  financial statements, together with the report  thereon of the franchised  corporation's  independent  certified  public  accountant  shall be filed: one with the board, one with such franchised  corporation and one with the office of the attorney general,  not  later  than  ninety  days following the end of the fiscal year. All such annual  financial statements and yearly audits shall be subject to audit by  the  state comptroller and shall be public records.    2.  The franchised corporation shall require the independent certified  public accountant to render the following additional reports:    a. a report on material weakness in accounting, internal controls, and  business and management practices discovered in the ordinary  course  of  preparing  such audited financial statements. Whenever in the opinion of  the independent certified public accountant  there  exists  no  material  weaknesses  in accounting, internal controls and business and management  practices, no report will be required; and    b. a report expressing the opinion of the independent certified public  accountant that based on his examination of the financial statements the  franchised corporation has followed, in all  material  respects,  during  the  period  covered  by  his  examination, the system of accounting and  internal control as filed with the board. Whenever in the opinion of the  independent certified public accountant the franchised  corporation  has  deviated  from the system of accounting and internal controls filed with  the board or the accounts, records, and control procedures examined  are  not   maintained  by  the  franchised  corporation  in  accordance  with  generally accepted accounting standards the report shall enumerate  such  deviations.  The  independent  certified  public  accountant  shall also  report on areas of the system no longer considered effective, and  shall  make  recommendations in writing regarding improvements in the system of  accounting and internal controls.    3. If the independent certified public accountant who  was  previously  engaged  to  audit  the  franchised  corporation's  financial statements  resigns or is dismissed as  the  franchised  corporation's  auditor,  or  another  independent  certified public accountant is engaged as auditor,  the franchised corporation shall file a report with the board within ten  days following the end of the month in which such event occurs,  setting  forth the following:    a. the date of such resignation, dismissal, or engagement;    b.  whether in connection with the audits of the two most recent years  preceding such resignation, dismissal,  or  engagement  there  were  any  disagreements  with  the  former  accountant on any matter of accounting  principles or practices, financial  statement  disclosure,  or  auditing  scope   or  procedure,  which  disagreements  if  not  resolved  to  the  satisfaction of the former accountant would  have  caused  him  to  make  reference  in  connection  with  his report to the subject matter of the  disagreement; including a description of  each  such  disagreement.  The  disagreements  to  be  reported  include  those  resolved  and those not  resolved; and    c. whether the former accountant's report on the financial  statements  for any of the past two years contained an adverse opinion or disclaimerof  opinion  or  was  qualified.  The  nature  of  such adverse opinion,  disclaimer of opinion, or qualification shall be described.    4.  Upon  direction of the board, the franchised corporation shall, at  its own expense, cause its  business  and  managerial  practices  to  be  audited.

State Codes and Statutes

Statutes > New-york > Pml > Article-2 > 240

§  240.  Yearly audit. 1. The franchised corporation shall, at its own  expense,  cause  its  annual  financial  statements  to  be  audited  in  accordance  with  generally  accepted  auditing standards by a qualified  independent  certified  public  accountant  approved  by  the  franchise  oversight  board. The annual financial statements shall be prepared on a  comparative basis for the  current  and  prior  fiscal  year  and  shall  present  the  financial position and results of operations in conformity  with generally accepted  accounting  principles.  Three  manually-signed  copies  of  the  audited  financial statements, together with the report  thereon of the franchised  corporation's  independent  certified  public  accountant  shall be filed: one with the board, one with such franchised  corporation and one with the office of the attorney general,  not  later  than  ninety  days following the end of the fiscal year. All such annual  financial statements and yearly audits shall be subject to audit by  the  state comptroller and shall be public records.    2.  The franchised corporation shall require the independent certified  public accountant to render the following additional reports:    a. a report on material weakness in accounting, internal controls, and  business and management practices discovered in the ordinary  course  of  preparing  such audited financial statements. Whenever in the opinion of  the independent certified public accountant  there  exists  no  material  weaknesses  in accounting, internal controls and business and management  practices, no report will be required; and    b. a report expressing the opinion of the independent certified public  accountant that based on his examination of the financial statements the  franchised corporation has followed, in all  material  respects,  during  the  period  covered  by  his  examination, the system of accounting and  internal control as filed with the board. Whenever in the opinion of the  independent certified public accountant the franchised  corporation  has  deviated  from the system of accounting and internal controls filed with  the board or the accounts, records, and control procedures examined  are  not   maintained  by  the  franchised  corporation  in  accordance  with  generally accepted accounting standards the report shall enumerate  such  deviations.  The  independent  certified  public  accountant  shall also  report on areas of the system no longer considered effective, and  shall  make  recommendations in writing regarding improvements in the system of  accounting and internal controls.    3. If the independent certified public accountant who  was  previously  engaged  to  audit  the  franchised  corporation's  financial statements  resigns or is dismissed as  the  franchised  corporation's  auditor,  or  another  independent  certified public accountant is engaged as auditor,  the franchised corporation shall file a report with the board within ten  days following the end of the month in which such event occurs,  setting  forth the following:    a. the date of such resignation, dismissal, or engagement;    b.  whether in connection with the audits of the two most recent years  preceding such resignation, dismissal,  or  engagement  there  were  any  disagreements  with  the  former  accountant on any matter of accounting  principles or practices, financial  statement  disclosure,  or  auditing  scope   or  procedure,  which  disagreements  if  not  resolved  to  the  satisfaction of the former accountant would  have  caused  him  to  make  reference  in  connection  with  his report to the subject matter of the  disagreement; including a description of  each  such  disagreement.  The  disagreements  to  be  reported  include  those  resolved  and those not  resolved; and    c. whether the former accountant's report on the financial  statements  for any of the past two years contained an adverse opinion or disclaimerof  opinion  or  was  qualified.  The  nature  of  such adverse opinion,  disclaimer of opinion, or qualification shall be described.    4.  Upon  direction of the board, the franchised corporation shall, at  its own expense, cause its  business  and  managerial  practices  to  be  audited.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pml > Article-2 > 240

§  240.  Yearly audit. 1. The franchised corporation shall, at its own  expense,  cause  its  annual  financial  statements  to  be  audited  in  accordance  with  generally  accepted  auditing standards by a qualified  independent  certified  public  accountant  approved  by  the  franchise  oversight  board. The annual financial statements shall be prepared on a  comparative basis for the  current  and  prior  fiscal  year  and  shall  present  the  financial position and results of operations in conformity  with generally accepted  accounting  principles.  Three  manually-signed  copies  of  the  audited  financial statements, together with the report  thereon of the franchised  corporation's  independent  certified  public  accountant  shall be filed: one with the board, one with such franchised  corporation and one with the office of the attorney general,  not  later  than  ninety  days following the end of the fiscal year. All such annual  financial statements and yearly audits shall be subject to audit by  the  state comptroller and shall be public records.    2.  The franchised corporation shall require the independent certified  public accountant to render the following additional reports:    a. a report on material weakness in accounting, internal controls, and  business and management practices discovered in the ordinary  course  of  preparing  such audited financial statements. Whenever in the opinion of  the independent certified public accountant  there  exists  no  material  weaknesses  in accounting, internal controls and business and management  practices, no report will be required; and    b. a report expressing the opinion of the independent certified public  accountant that based on his examination of the financial statements the  franchised corporation has followed, in all  material  respects,  during  the  period  covered  by  his  examination, the system of accounting and  internal control as filed with the board. Whenever in the opinion of the  independent certified public accountant the franchised  corporation  has  deviated  from the system of accounting and internal controls filed with  the board or the accounts, records, and control procedures examined  are  not   maintained  by  the  franchised  corporation  in  accordance  with  generally accepted accounting standards the report shall enumerate  such  deviations.  The  independent  certified  public  accountant  shall also  report on areas of the system no longer considered effective, and  shall  make  recommendations in writing regarding improvements in the system of  accounting and internal controls.    3. If the independent certified public accountant who  was  previously  engaged  to  audit  the  franchised  corporation's  financial statements  resigns or is dismissed as  the  franchised  corporation's  auditor,  or  another  independent  certified public accountant is engaged as auditor,  the franchised corporation shall file a report with the board within ten  days following the end of the month in which such event occurs,  setting  forth the following:    a. the date of such resignation, dismissal, or engagement;    b.  whether in connection with the audits of the two most recent years  preceding such resignation, dismissal,  or  engagement  there  were  any  disagreements  with  the  former  accountant on any matter of accounting  principles or practices, financial  statement  disclosure,  or  auditing  scope   or  procedure,  which  disagreements  if  not  resolved  to  the  satisfaction of the former accountant would  have  caused  him  to  make  reference  in  connection  with  his report to the subject matter of the  disagreement; including a description of  each  such  disagreement.  The  disagreements  to  be  reported  include  those  resolved  and those not  resolved; and    c. whether the former accountant's report on the financial  statements  for any of the past two years contained an adverse opinion or disclaimerof  opinion  or  was  qualified.  The  nature  of  such adverse opinion,  disclaimer of opinion, or qualification shall be described.    4.  Upon  direction of the board, the franchised corporation shall, at  its own expense, cause its  business  and  managerial  practices  to  be  audited.