The SEC has adopted amendments to the reporting rules applicable to non-accelerated filers—generally smaller market cap reporting companies. As a result, non-accelerated filers will not be required to include an attestation report of its registered public accounting firm on internal control over financial reporting in the annual reports they file with the SEC. The amendments conform the SEC's rules to Section 404(c) of the Sarbanes-Oxley Act, as added by Section 989G of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Non-accelerated filers (as well as all other reporting issuers), however, will still be subject to Section 404(a) of the Sarbanes-Oxley Act requiring that each annual report include a report by management on the issuer's internal control over financial reporting.
SEC Rel. No. 34-62914 (Sept. 15, 2010)