Lease Tips

Sarbanes-Oxley and Control of Corporate Real Estate Leases


In the wake of Enron and other corporate scandals, Congress last year passed the Sarbanes-Oxley Act which establishes a number of requirements for ensuring accuracy in reporting corporate financial information.  Sarbanes-Oxley imposes criminal liability for inaccurate financial reporting and imposes requirements that companies certify the effectiveness of their internal controls. 

For corporate real estate managers, Sarbanes-Oxley presents a problem because much of the data they report to management are incomplete and only marginally reliable.  This is not a fault of corporate real estate; it is symptomatic of the fact that real estate departments usually only provide acquisition and disposition services and are not responsible for paying the bills or otherwise managing the leases on a day-to-day basis.  As a result, it is unfair to expect corporate real estate to have clear control over or intimate knowledge of the actual financial cost of the company’s leases. 

This is even worse when one looks at properties that a company may own and occupy for its own use or lease out to third parties.  Companies that are not in the real estate business do not have the systems or processes to fully account for the costs attributable to owned properties or to tightly control their sublease income streams.  As a result, significant income and/or expense information is often missing, revenues go uncollected and the reporting becomes flawed.  

Sarbanes-Oxley imposes criminal liability for inaccurate financial reporting and imposes requirements that companies certify the effectiveness of their internal controls. 

Because Sarbanes-Oxley requires companies to certify the effectiveness of their corporate controls and imposes criminal penalties for inaccurate reporting, corporations will need to gain a greater level of confidence over the scope of their real estate and how much it is actually costing them.  To satisfy their auditors, companies will need to develop and deploy systems, processes and performance metrics so that corporate officers can comfortably rely on the data produced and their corporate auditors can verify and attest to the reliability of the processes used to produce them.


ABOUT KBA LEASE SERVICES

KBA Lease Services specializes in controlling corporate real estate lease costs through lease auditing.  Formed in 1985, KBA (formerly Kislak Lease Services) pioneered the lease audit industry.  KBA has reviewed tens of thousands of leases and saved many millions of dollars for its clients.

Visual Lease® is KBA’s powerful, easy-to-use lease management software system.  Visual Lease has proven, for the past seven years, to be the best designed system on the market.  It is powerful enough to manage the most complex lease administration tasks, yet easy enough for novices to use.

CONTACT INFORMATION

Marc Betesh, Esq., MCR.h
President
888.876.6500 ext. 400
mbetesh@kbalease.com 

Anthony M. Beja
Vice President, Sales and Marketing
888.876.6500 ext. 430
abeja@kbalease.com

 

©2008 2006 KBA Lease Services, LLC. All rights reserved. No reprints of this article may be made without the written permission of KBA Lease Services, LLC.