New York Yearly Audit.
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§ 231-a. Yearly audit. 1. The non-profit racing association shall, at
its own expense, cause its annual financial statements to be audited in
accordance with generally accepted auditing standards by a qualified
independent certified public accountant approved by the board. The
annual financial statements shall be prepared on a comparative basis for
the current and prior fiscal year and shall present the financial
position and results of operations in conformity with generally accepted
accounting principles. Two manually-signed copies of the audited
financial statements, together with the report thereon of the non-profit
racing association's independent certified public accountant shall be
filed: one with the board and one with such non-profit racing
association, not later than ninety days following the end of the fiscal
year.
2. The non-profit racing association shall require the independent
certified public accountant to render the following additional reports:
a. a report on material weakness in accounting, internal controls, and
business and management practices. Whenever in the opinion of the
independent certified public accountant there exists no material
weaknesses in accounting, internal controls and business and management
practices, no report will be required; and
b. a report expressing the opinion of the independent certified public
accountant that based on his examination of the financial statements the
non-profit racing association has followed, in all material respects,
during the period covered by his examination, the system of accounting
and internal control as filed with the board. Whenever in the opinion of
the independent certified public accountant the non-profit racing
association has deviated from the system of accounting and internal
controls filed with the board or the accounts, records, and control
procedures examined are not maintained by the non-profit racing
association in accordance with generally accepted accounting standards
the report shall enumerate such deviations. The independent certified
public accountant shall also report on areas of the system no longer
considered effective, and shall make recommendations in writing
regarding improvements in the system of accounting and internal
controls.
3. If the independent certified public accountant who was previously
engaged to audit the non-profit racing association's financial
statements resigns or is dismissed as the non-profit racing
association's auditor, or another independent certified public
accountant is engaged as auditor, the non-profit racing association
shall file a report with the board within ten days following the end of
the month in which such event occurs, setting forth the following:
a. the date of such resignation, dismissal, or engagement;
b. whether in connection with the audits of the two most recent years
preceding such resignation, dismissal, or engagement there were any
disagreements with the former accountant on any matter of accounting
principles or practices, financial statement disclosure, or auditing
scope or procedure, which disagreements if not resolved to the
satisfaction of the former accountant would have caused him to make
reference in connection with his report to the subject matter of the
disagreement; including a description of each such disagreement. The
disagreements to be reported include those resolved and those not
resolved; and
c. whether the former accountant's report on the financial statements
for any of the past two years contained an adverse opinion or disclaimer
of opinion or was qualified. The nature of such adverse option,
disclaimer of opinion, or qualification shall be described.
4. Upon direction of the board, the non-profit racing association
shall, at its own expense, cause its business and managerial practices
to be audited.