Kc. Fang et B. Jacobs, Clarifying and protecting materiality standards in financial statements: Areview of SEC Staff Accounting Bulletin 99, BUS LAWYER, 55(3), 2000, pp. 1039
Companies issuing financial statements for many years have solely used quan
titative methods to determine materiality. In August 1999, the Securities a
nd Exchange Commission released Staff Accounting Bulletin 99 (SAB 99) elimi
nating this practice. SAB 99 now requires companies to use a qualitative an
alysis to determine the materiality of misstatements or omissions. While qu
alitative materiality must be used in some instances, with this almost pure
ly subjective test, companies are now left open to liability for arguable c
hoices in judgment. Furthermore, SAB 99 leaves open the question of issuer
liability for immaterial misstatements contrary to standing statutory guida
nce and case law.