Is Your Company Vulnerable to Fraud – Part II: Fraud Indicator Checklist

HOW TO USE THE CHECKLIST 1. Review the concept for each internal control area and answer the questions following each section. 2. Each answer identifies an area that needs stronger internal controls. I. SEGREGATION OF DUTIES Concepts: • Certain accounting/bookkeeping functions are designed to cross-reference each other for accuracy.  If the same person is responsible for multiple duties, the …

Keep Reading

Is Your Company Vulnerable to Fraud? Part 1

Evaluate your business’ vulnerability with this simple checklist The opportunity for fraud in your business may be greater than you think.  It may be quite easy to pull off and it may come from one of your most trusted staff.  How does your company measure up in controlling the potential for fraud and what can …

Keep Reading

Due Diligence Tips for Buying a Business – Part III

LIABILITIES Compliance with bulk sales laws for asset purchases: • Make sure the bulk sale notifications specified by local law are complied with.  The effect of failure to comply with the bulk sales law enables creditors to “follow the assets” and have valid claims against the new owner (the buyer). • Provide in the asset purchase/sale agreement …

Keep Reading

Due Diligence Tips for Buying a Business – Part II

In following the story about Leonard and Sylvia here are some tips on assets that may save you disappointment after the deal is done. ASSETS Cash: • Cash is generally not included in the sale.  However, cash accounts should be reviewed for large and unusual transactions in the period preceding the deal. Accounts receivable: • Obtain and …

Keep Reading

Due Diligence Tips for Buying a Business – Part 1

Leonard and Sylvia Buy a Business Leonard and Sylvia sold their sheet metal manufacturing plant in Pittsburgh and decided to move to sunny Phoenix, Ariz.  They wanted to buy another business and, through a business broker, found a high-tech electronics manufacturing company that was for sale.  Leonard and Sylvia thought “manufacturing is manufacturing,” whether it …

Keep Reading

Thinking of Terminating Your 403(b) Plan?

The IRS provided some additional guidance of considerations when terminating a 403(b) plan in their Spring 2011 Edition of Retirement News for Employers.  It accompanies their Revenue Ruling 2011-7, which provides examples of how to terminate a 403(b) retirement plan funded in various ways and discusses when terminated plan distributions may be taxable.  You can …

Keep Reading

CPAs Who Testify: Do You Have What It Takes? Part 2

Answering Counsel’s Question’s When you are asked a question by your side’s counsel don’t blurt out your answer before the conclusion of the question. The jury needs to know that you have given some serious thought to what is being said. Even though you went over your responses with your side’s counsel previously.  On the …

Keep Reading

CPAs Who Testify: Do You Have What It Takes? Part 1

Was there a time when you had to testify in court about a civil litigation matter regarding the company you worked for, or on behalf of one of your clients? Do you remember how it felt? Did your hands start to sweat? Did your heart start pounding when the opposing attorney started asking his or …

Keep Reading

Well Written Shareholder Agreements Avoid Costly Litigation

“A shareholder agreement is an understanding between shareholders and a corporation, under the law, about various aspects ranging from the shareholder duties to rights, in relation to the company. The shareholder agreement is the basis of company inception and paves the way for its future course. It lays down the guidelines about the duties and …

Keep Reading

401(k) Abuses

As a fiduciary to a 401(k) plan or even as a participant in your company’s 401(k) plan, there are some warning signs you can watch for when it comes to how the Company is handling their 401(k) fiduciary responsibilities including contributions.  The Department of Labor has seen many instances of fraud within 401(k) plans including …

Keep Reading