Section 302 Certification Sample

The amendments made by this section amending this section and sections 306 312 331 334 336 341 346 543 and 562 of this title and repealing section 338 of this title shall apply to distributions after august 31 1982.

Section 302 certification sample. Pursuant to section 302 of the sarbanes oxley act of 2002. Section 302 of the u s. Section 302 b 1 does not provide an objective definition of a meaningful reduction and therefore guidance has been provided by the courts and the irs.

Sarbanes oxley section 302 requires that the chief executive officer and chief financial officer or those in equivalent positions of all companies publicly traded in the us certify the accuracy of all annual and quarterly financial reports. 46 accordingly the certification requirement applies to annual reports on forms 10 k 10 ksb 20 f and 40 f. The report does not contain any material misstatements or omissions.

Sox 302 focuses on quarterly reports 10 q while sox 404 focuses on annual reports 10 k unless there is a material change. Section 302 of the act states that the required certification is to be included in each annual or quarterly report filed or submitted under either section 13 a or 15 d of the exchange act. Certification by the chief financial officer.

Section 302 certifications include that the officer has reviewed the report and to the officer s knowledge. Section 302 of the act requires that ceos and cfos must certify in each annual and quarterly report that the officer has reviewed the report that based on the officer s knowledge the report does not contain any untrue statement of a material fact or omit to state a necessary material fact and that based on the officer s knowledge the financial statements and other financial information included in the report fairly present in all material respect the financial condition and results of. What is a section 302 certification.

Corporation redeeming its stock should be treated as either i a dividend or ii a distribution in exchange for the stock. The essence of section 302 of the sarbanes oxley act states that the ceo and cfo are directly reponsible for the accuracy documentation and submission of all financial reports as well as the internal control structure to the sec. I have reviewed bristol myers squibb company s quarterly report on form 10 q for the quarter ended march 31 2010.

This certification is available to the public by reviewing form 10 k 10 q 20 f fpi 40 f canadian companies. Supreme court has ruled that a redemption is essentially equivalent to a dividend unless the shareholder experiences a meaningful reduction in proportionate interest in the issuer. Section 302 and section 906 certifications are submitted as exhibits to the issuers reports on forms 10 k and 10 q and are not required for reports on form 8 k.