October 20, 2005
We are a publicly traded software company and meet the requirements of accelerated filer.
We beleive that while our internal accounting records will be complete in time to meet accelerated reporting requirements 60 and 35 days for year and quarter end respectively, it will not be possible for our auditors to perform proper due diligence for us and their many other 12/31 accelerated filers. This is especially difficult because the proposed rule reduces the time the auditors have to audit all their 12/31 clients by another twenty percent, while requiring them to perform significantly more work under Sarbanes Oxley Section 404.
I would strongly encourage the SEC to consider seperating the review of internal controls and annual audit, such that each require a seperate opinion and on different dates. For 12/31 filers, the SEC might consider an opinion on internal controls be dated on the previous quarter end 9/30 with a roll forward review for the stub period.
Otherwise, I strongly reccomend the SEC leave leave the filing deadlines at 75 and 40 days respectively.