SIX Exchange Regulation reaches agreement with Myriad Group Ltd.
Myriad Group Ltd. presents its expenses in the income statement using a classification based on their function within the entity (e.g. cost of sales or administrative expenses). However, in its annual financial statements 2010 the company failed to allocate 38% of its expenses to the different functions within the entity and thereby violated the requirements of IAS 1 "Presentation of Financial Statements".
As a result the expenses for amortizing intangible assets as well as for restructuring and integration were excluded from their respective functions. Even though the error had no impact on revenue and loss from operations, it lead to an understatement of cost of sales by USD 23 million (70%) and an understatement of general and administrative expenses by USD 7 million (40%) for the financial year 2010.
SIX Exchange Regulation does not have reason to belief that the error was made intentionally. In addition to making a payment of CHF 25,000 to the IFRS Foundation, Myriad Group Ltd. will correct and disclose the error in its 2011 annual financial statements as well as in its 2012 interim financial statements.
The investigation of Myriad Group Ltd. is concluded with the agreement being reached as this course of action results in a more timely public disclosure than would have been the case with a duly completed sanction procedure. Agreements have to be published in accordance with the Rules of Procedure.
Agreements to date in connection with financial reporting can be found at:
Appendix to the accounting standards
Periodic financial reporting is part of the information required under the Stock Exchange Act and the Listing Rules to ensure a functioning market. As part of this process, issuers must comply with the applicable accounting standards.
Information on financial reporting can be found at:
The following accounting standards were of relevance in assessing the case in question
IAS 1p99 requires the presentation of an analysis of expenses recognized in profit or loss using a classification based on either their nature or their function within the entity, whichever provides information that is reliable and more relevant.
The presentation by function is used to illustrate, in which function within the entity expenses have been incurred. Examples of functions within an entity are research and development, provision of goods and services ("cost of sales") or administrative activities.
If a material portion of expenses cannot or not reliably be allocated to the functions within the entity, a classification of expenses according to their nature is deemed to be more reliable and more relevant, because no such allocation is necessary (IAS 1p102).
Additional disclosure is required in accordance with IAS 1p105, if a classification of expense by function is used but the nature of a specific transaction, event or circumstance is considered useful in predicting future cash flows.
SIX Group AG
SIX Exchange Regulation performs the functions assigned under Swiss federal law and enforces and monitors compliance with the rules laid down by the Regulatory Board. SIX Exchange Regulation imposes sanctions in so far as it is authorised to do so by the regulations, or submits sanction requests to SIX Swiss Exchange's Sanction Commission.
SIX Exchange Regulation's independence from SIX Swiss Exchange's operating business is guaranteed by its direct subordination to the Chairman of the Board of Directors of SIX Group. SIX Exchange Regulation consists of the divisions Listing & Enforcement, responsible for regulating issuers, and Surveillance & Enforcement monitoring trading.