Practices Vary Regarding Due Diligence Undertaken to Support Personal Certifications of SEC Reports; SEC Issues Further Guidance on Format for Certifications

On June 27, 2002, the SEC issued an order directing the CEOs and CFOs of over 900 public companies to file sworn statements certifying the completeness and accuracy of their companies' most recent Annual Reports. This alert reviews several approaches to the due diligence necessary for this certification, as well as the SEC's guidance regarding the certification format.