
Fred D. Zemel
Partner
201-896-7065 fzemel@sh-law.comFirm Insights
Author: Fred D. Zemel
Date: February 27, 2018

Partner
201-896-7065 fzemel@sh-law.comBusiness executives, particularly business owners, should understand the importance of generally accepted accounting principles (GAAP). While you don’t need to be an accounting expert, it is important to be able to determine whether GAAP is being applied properly and appreciate the role it may play in certain contract provisions.

In basic terms, GAAP is a collection of widely-followed accounting principles, rules and standards for financial reporting. It is intended to ensure consistency in financial reporting, which makes it easier for investors to analyze the information presented and compare it between companies.
GAAP reflects established concepts, objectives, standards and conventions that have evolved over time to guide how financial statements are prepared and presented. GAAP addresses the following aspects of financial reporting, among others:
The Financial Accounting Standards Board (FASB) sets GAAP for public and private companies and not-for-profit organizations. It is recognized by the Securities and Exchange Commission (SEC) as the designated accounting standard setter for public companies.
Similarly, Governmental Accounting Standards Board (GASB) establishes GAAP for state and local government. The international version of GAAP is the International Financial Reporting Standards (IFRS), which is set by the International Accounting Standards Board (IASB).
Last year, GAAP underwent its largest overhaul in several years. The FASB initiated the Accounting Standards Codification (ASC), which supersedes all prior standards. Prior to ASC, GAAP guidance was comprised of thousands of individual pronouncements. While there is now only one authoritative source, it is still a complex system of codification.
If your business plans to seek outside credit or investment and/or your ultimate goal is to become a public company, GAAP-based financial statements will ultimately become a necessity. Because it can be expensive and cumbersome to switch accounting systems once a company has been operational for some time, it is wise to adopt a GAAP-based system from the outset.
Most creditors and investors require financial statements to be GAAP-compliant because it allows them to quickly and reliability assess the viability of your company. Internally, GAAP financials also you to readily compare your company’s financial performance with competitors and other similar companies. It also ensures that financials can be consistently compared year after year.
Because the SEC requires public companies to file GAAP-compliant financial disclosures, businesses considering an initial public offering or other means of going public must also move to GAAP-based statements. The switch can be burdensome. That is because GAAP must not only be applied going forward, but its impact on past financials must also be analyzed.
For investors, the lack of GAAP-compliant financial statements should raise concerns. While some companies use both GAAP and non-GAAP compliant measures when reporting financial results, non-GAAP measures should be clearly identified in financial statements and other public disclosures.
Do you have any questions? Would you like to discuss the decisions further? If so, please contact me, Fred Zemel, at 201-806-3364.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]
Author: Nicholas Wall

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
Author: Michael Mietlicki

Arbitration resolves disputes privately before an arbitrator whose decision is usually final, while litigation resolves them in court with full rights of appeal. Whether a business ends up in arbitration or litigation is often decided when it signs the contract, long before any dispute arises. Key Takeaways When facing a contract dispute, carefully consider your […]
Author: Graham Staton

Can you own part of a business in New Jersey without a written agreement? Yes, it is possible. Under New Jersey’s Uniform Partnership Act, a partnership can arise when two or more people carry on a business as co-owners for profit, whether or not they ever intended to form one. Ownership doesn’t necessarily depend on […]
Author: Michael Mietlicki

For New Jersey businesses, crisis preparedness should be viewed as a legal and operational function, not simply an emergency-management exercise. A well-designed crisis response plan can help preserve evidence, protect confidential communications, meet reporting obligations, limit unnecessary exposure, and prevent an already difficult situation from becoming a larger legal problem. Key Takeaways A serious crisis […]
Author: Sean M. Pena

Monmouth County is entering a significant new phase of development. For those looking to acquire property or undertake a new project, understanding the market opportunity is only the beginning. The more important question is whether a particular property can actually be developed as contemplated and what approvals, agreements, and other conditions will be required to […]
Author: Donald M. Pepe
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!