Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

FASB Interpretation No. 46: Assessing the Impact

BY Jeffrey H. Ellis
September 11, 2003

This is the first of a two-part article

In a culmination of a project begun in the wake of disclosures concerning Enron Corporations' use of special-purpose entities (SPEs), the Financial Accounting Standards Board (FASB) issued its long-anticipated interpretation of ARB No. 51, Consolidated Financial Statements, and FASB Statement No. 94, Consolidation of All Majority-Owned Subsidiaries, on January 17, 2003.

ARB 51 and Statement 94 require the preparation of consolidated financial statements when one entity has a controlling financial interest in another entity. Usually a controlling financial interest is established when an investor has a majority voting interest in an investee. However, since most SPEs are established to fulfill a single function, determining whether a controlling financial interest exists through voting control is often difficult since there are typically only limited matters on which the SPE investors are able to vote. FASB Interpretation No. 46, Consolidation of Variable Interest Entities, interprets the phrase controlling financial interest to resolve the difficulty involved with identifying control of SPEs based on voting interests. FIN 46 supersedes various Emerging Issues Task Force (EITF) consensuses and SEC staff pronouncements addressing SPE consolidation issues and creates a new model for determining when SPEs (which under FIN 46 are referred to as variable interest entities, or VIEs) should be consolidated that focuses on ownership of variable interests issued by the entity.

Read These Next
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models Image

Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.

Hyperlinked Documents: The Latest e-Discovery Challenge Image

As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.

Identifying Your Practice's Differentiator Image

How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.

Risks and Ad Fraud Protection In Digital Advertising Image

The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.

Turning Business Development Plans Into Reality Image

This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.