United States
Financial Reporting Obligations for Companies in the United States
1. Registry for Submitting Financial Statements
In the United States, companies are required to submit their financial statements to the Securities and Exchange Commission (SEC) ( https://www.sec.gov). The SEC’s online filing system is called EDGAR (Electronic Data Gathering, Analysis, and Retrieval) ( https://www.sec.gov/edgar.shtml).
Public Access to Financial Statements:
In the United States, financial statements of public companies are publicly available through the SEC EDGAR database (https://www.sec.gov/edgar.shtml).
However, financial reports of private companies (LLC, LP, LLP and other non-listed entities) are not publicly accessible. Such reports may be filed with the IRS or state authorities but are not disclosed to the general public.
2. Legal Forms Obliged to Publish Financial Statements
- C-Corporation (Public Corporation)
Translation: Joint Stock Company
Notes: Publicly traded corporations must file audited financial statements with the SEC. - S-Corporation
Translation: Corporation (special tax status)
Notes: Generally exempt unless publicly traded or subject to specific state rules. - Publicly Traded Companies
Translation: Joint Stock Companies
Notes: Required to publish audited annual reports via SEC EDGAR. - Banks and Financial Institutions
Translation: Corporation / Bank Holding Company
Notes: Must file reports with SEC, Federal Reserve, or FDIC (depending on charter). - Large Private Entities (LLC, LP, LLP)
Translation: Limited Liability Company / Limited Partnership / Limited Liability Partnership
Notes: Required to report if exceeding thresholds or in regulated industries. - Nonprofit Organizations (501(c)(3))
Translation: Nonprofit Corporation
Notes: Must file IRS Form 990 with the IRS (https://www.irs.gov); audited financials may be required by state law or funding contracts.
Legal Forms Not Obliged to Publish Financial Statements
- Sole Proprietorship
Translation: Sole Proprietorship
Notes: No obligation to publish; reports income on owner’s personal tax return. - General Partnership
Translation: General Partnership
Notes: No obligation unless subject to sector-specific regulation. - Small Private Companies (LLC, LP, LLP under thresholds)
Translation: Limited Liability Company / Limited Partnership / Limited Liability Partnership
Notes: Not required to publish unless in regulated industries or exceeding thresholds.
3. Companies Requiring Audited Financial Statements
Audit obligations depend on size, public status, or industry. Publicly traded companies must always provide audited statements. Private companies may be subject if they exceed thresholds or are in regulated industries.
|
Legal Form |
Rule |
Criteria |
|
C-Corporation (Corporation) |
Must audit financial statements if publicly traded or if meeting size thresholds. |
Total assets (more than) $10 million; public companies must audit regardless of size. |
|
S-Corporation (Corporation) |
Required if company has significant turnover or is publicly traded. |
Turnover (more than) $5 million; public companies must comply regardless. |
|
Publicly Traded Companies (Joint Stock Companies) |
Auditing is mandatory under U.S. SEC rules. |
All publicly traded companies must audit financial statements. |
|
Limited Liability Company (LLC) |
Required if meeting specific thresholds or is publicly traded. |
Publicly traded or turnover (more than) $10 million. |
|
Limited Partnership (LP) |
Required if subject to SEC reporting or meeting size criteria. |
Turnover (more than) $5 million or total assets (more than) $10 million. |
|
Limited Liability Partnership (LLP) |
Required if meeting size thresholds or subject to regulatory oversight. |
Total assets (more than) $10 million or turnover (more than) $5 million. |
|
Nonprofit Corporation (501 (c) (3) ) |
Auditing required if exceeding state-specific revenue thresholds or required by grant providers. |
Typically required if revenue exceeds $1 million or as required by specific state law or major grant providers. |
4. Local Stock Exchange and Financial Statements Publication
Companies listed in the United States must publish financial statements through their respective stock exchange and via SEC EDGAR. Main exchanges include the New York Stock Exchange (NYSE) (https://www.nyse.com) and NASDAQ (https://www.nasdaq.com).
5. Deadline for Submitting Financial Statements
Public companies: generally 60–90 days after fiscal year-end (depending on filer status). Private companies: no federal deadline; state or contractual deadlines may apply.
6. Companies Submitting Partial Financial Statements
Partial statements are not accepted, except for interim or quarterly filings (Form 10-Q) by public companies through EDGAR.
7. Consequences for Late Submission of Financial Statements
Failure to file may result in SEC fines, penalties, legal enforcement actions, or delisting from stock exchanges.
8. Requirements for Foreign-Owned Branches and Newly Established Companies
Foreign-owned corporations with at least 25% foreign ownership must file IRS Form 5472 (https://www.irs.gov/forms-pubs/about-form-5472). Newly established companies follow the same SEC and IRS rules as domestic companies, with initial filings at the end of their first fiscal year.
Sources
| Source | Link |
|---|---|
| Securities and Exchange Commission (SEC) | https://www.sec.gov |
| SEC EDGAR System | https://www.sec.gov/edgar.shtml |
| Internal Revenue Service (IRS) | https://www.irs.gov |
| IRS Form 5472 | https://www.irs.gov/forms-pubs/about-form-5472 |
| New York Stock Exchange (NYSE) | https://www.nyse.com |
| NASDAQ | https://www.nasdaq.com |
| Start Companies Search | Order Credit Report |
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