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NYSE-Listed Corporations: Your Time Is Now

By Cathleen Gold
February 06, 2004

Much of the waiting for final rules promulgated by the Sarbanes-Oxley Act of 2002 (the Act), including new corporate governance standards approved by the SEC on Nov. 4, 2003 for New York Stock Exchange (NYSE)-listed companies, is over. It is now time for NYSE-listed corporations to set into motion the implementation and effective management of these myriad new rules. Extensive new disclosure is required to be included in proxy statements and Forms 10-K filed on or after Jan. 15, 2004, and consequently, processes should already have been put in place to allow adequate time for companies to review the effectiveness of newly adopted procedures.

After reading the new rules and the associated commentary, it is clear that the Exchange does not take a “one-size-fits-all” approach. A great deal of interpretation and flexibility is left to each board, or in some cases, the board committees, to make determinations according their company's size, specific needs, businesses or circumstances. The most important tool to ward off an unforeseen disclosure oversight or omission is communication among the board, its committees and management. Some highlights and ideas for the implementation of the new rules follow.

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