If necessary, Chinese companies listed in the U.S. and appropriate accounting firms may also make retroactive adjustments to the auditing services agreements of the previous reporting periods and enter into an appropriate supplementary agreement in line with the above.
【作者简介】
刘轶，南开大学经济学院副研究员，硕士生导师，主要研究国际金融法。
【注释】* The present paper forms part of a research project conducted under the joint auspices and financial support of the China Postdoctoral Research Foundation and Wuhan University Institute of International Law, for which the author is sincerely grateful.
Dr. Liu Yi has an LLD in international law (Wuhan University), is a Postdoctoral Research Fellow at the Nankai University School of Economics.
However, according to Sec. 101 of the Sarbanes-Oxley Act of 2002(15 USC 7211), the PCAOB is not an agency or establishment of the United States Government, and should be subject to, and have all the powers conferred upon a nonprofit corporation by, the District of Columbia Nonprofit Corporation Act.
See Sec. 104(a) of the Sarbanes-Oxley Act of 2002(15 USC 7214).
The frequency of regular inspection by the PCAOB will be annual for each registered public accounting firm that regularly provides audit reports for more than 100 issuers; at most, once every three years for each registered public accounting firm that regularly provides audit reports for 100 or fewer issuers. The PCAOB may adjust its frequency of inspection as the case may be or implement temporary inspections. See Sec. 104(b) and (d) of the Sarbanes-Oxley Act of 2002(15 USC 7214).
H-share companies means a joint-stock limited company incorporated in the PRC Mainland pursuant to the Company Law of the PRC, having issued foreign capital shares listed overseas (H shares) and listed on a regulated overseas stock exchange. By the end of June 2008, there were 151 H-share companies in total.
Overseas Chinese-funded holding companies means a state-owned company incorporated outside the PRC Mainland and listed on a regulated overseas stock exchange.
Adopted at the Third Session of the Seventh National People''s Congress, promulgated by Order No. 7 of the President of the PRC on September 5, 1988, and effective as of May 1, 1989.
Endorsed by the State Council of the PRC on April 25, 1990, promulgated by Order No. 1 of the National Administration for Protection of State Secrets(NAPSS) on May 25, 1990, and effective as of the date of promulgation. Under current government structure of the PRC, the NAPSS is an organisation directly under the State Council, acting concurrently the Office of the Central Committee of the Communist Party of China.
Adopted at the Twenty-second Session of the Sixth National People''s Congress, promulgated by Order No. 58 of the President of the PRC on September 5, 1987, effective as of January 1, 1988, and subsequently amended by the Decision of the Standing Committee of the National People’s Congress on Amending the Archives Law of the PRC on July 5, 1996.
