Section 302 SOX requires the ceo and CFO of the company is personally responsible for the accurate reporting of all documents for the financial health and stability of their companies. In addition, section 302 States that the ceo and CFO of the company confirmed that all of the private "announced controls and procedures" launched within the functions of enterprise internal accounting to ensure the accuracy and timeliness of financial reporting of issuers to investors and the public. 302 section goes on to say that any signed by the certification by a CEO or CFO who knows them is inaccurate will result in fines of up to $ 5 million and a maximum of 20 years in prison (Cohen & Brodsky, 2004)The advantage for the Summit:• Meet the requirements of SOX 302 will open the door for Apex to go public and get much needed capital from external investors should investors choose to take a chance on Apex and put their money in stocks.• By getting additional funds, the Summit can pursue moving into the food production market and have a shot at a lot of falling market share and their earnings as they move through the new venture.The downside for the Summit:• To allow Apex to meet SOX compliance 302, company directors and employees (D & O) insurance policy will likely increase significantly. According to research by the company meet 302, strong companies saw an increase in premiums of 25-30% where the smaller and weaker companies saw rising as much as 400% of D & O insurance premiums (Cohen & Brodsky, 2004).• According to the Wall Street Journal, the company is looking fit 302 can expect a 25% increase to the annual overall cost accounting (Cohen & Brodsky, 2004).• The continued weakness in the market in the last 5 years has significantly reduced the number of investors willing to accept the risks of the new company. So, the Apex can spend millions to meet match with their thin profits have only to find they are not able to capture the attention of investors to prove and compensate the costs and provide them with sufficient cash flow to move into new territories (& Richman Richman , 2013).Therefore, risk and reward for Apex must be carefully measured. In this case, it seems that the Apex is a collision course with failure if they still own is cash limited that limit their ability to get the equipment and substances needed to move to the production of food. However, the costs of meeting the SOX 302 requirements and lack of a solid guarantee on the operation of the investor is involved. There is some comfort to be found in the fact that the company has made the necessary commitment internally to meet the SOX 404 internal controls requirements, so it may not be significant additional costs of a 302-compliant.My suggestion to Apex will be to do a cost-benefit analysis compares what it would cost to achieve and then maintain compliance and 302 cash predicted profit will from going public with the costs in private and that the same capital expenditure on the restructuring efforts of potential or new product launches or get some other types of private finance to remove the burden of SOX.After analyzing the costs were compared, it will address the group in a clear direction and help Apex a good decision.
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