MRVL » Topics » Implemented or Planned Remedial Actions of Material Weakness

This excerpt taken from the MRVL 10-Q filed Dec 11, 2008.

Implemented or Planned Remedial Actions of Material Weakness

 

Management has made significant improvements to the overall design of its control environment to address the material weaknesses in internal control over financial reporting described in Item 9A of our Annual Report on Form 10-K for the year ended February 2, 2008. Specifically,

 

(1) We have developed and implemented remediation plans during the first three quarters of fiscal 2009, and will continue to implement during the remainder of fiscal 2009, specific remediation plans to address internal control deficiencies that were identified as at February 2, 2008. In addition to the above, we proactively identify opportunities for control improvements and have reassessed internal controls financial reporting over other processes that may be susceptible to potential material misstatements.

 

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(2) We hired a new Chief Financial Officer effective June 23, 2008 and a new General Counsel effective October 30, 2008.  We continue to search for a new Chief Operating Officer and Compliance Executive. The Compliance Executive will report directly to the Audit Committee of our Board of Directors.  In the meantime, we have engaged external resources to support and assist in our compliance efforts.  We are actively strengthening our controls over the monthly closing and financial reporting processes by continuing to hire additional personnel with knowledge, experience and training in the application of U.S. generally accepted accounting principles commensurate with our financial reporting requirements. The hiring of additional, qualified personnel is critical to the building of a finance organization with the depth and breadth of knowledge to support our planned operations.

 

In May 2007, the Implementation Committee of our Board of Directors decided to implement the recommendation of the Board of Directors’ Special Committee Regarding Derivative Litigation that Dr. Sehat Sutardja remain Chief Executive Officer and a member of our Board of Directors, but step down as Chairman of the Board in favor of a non-executive Chairman.  This non-executive Chairman was to be selected from a group of new independent directors appointed to fill the then-three vacancies on our Board of Directors.  Since that time, we have added two new independent directors, Dr. Juergen Gromer and Dr. John Kassakian, to our Board of Directors, and our Board of Directors continues to search for additional independent directors.  Our Board of Directors is evaluating the roles of independent directors in the governance of the Board, and our Board of Directors will designate an independent director either as non-executive Chairman or non-executive Lead Director (if it retains an executive Chairman) once it has completed its search for additional new independent directors.

 

(3) We are actively enhancing communications through the implementation of formalized inter-departmental information exchanges on a recurring basis, and enhancements to the design of certain internal controls to enable a more detailed review process to occur on a timely basis.

 

This excerpt taken from the MRVL 10-Q filed Sep 10, 2008.

Implemented or Planned Remedial Actions of Material Weakness

 

Management has made significant improvements to the overall design of its control environment to address the material weaknesses in internal control over financial reporting described in Item 9A of our Annual Report on Form 10-K for the year ended February 2, 2008. Specifically,

 

(1) We have developed and implemented remediation plans during the first and second quarters of fiscal 2009, and will continue to implement during the remainder of fiscal 2009, specific remediation plans to address internal control deficiencies that were identified as at February 2, 2008. In addition to the above, we proactively identify opportunities for control improvements and have reassessed internal controls financial reporting over other processes that may be susceptible to potential material misstatements.

 

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(2) A new Chief Financial Officer and Acting Chief Operating Officer were announced on May 29, 2008 and became effective June 23, 2008.  We continue to search for a new General Counsel and Compliance Executive. The Compliance Executive will report directly to the Audit Committee of our Board of Directors.  In the meantime, we have engaged external resources to support and assist in our compliance efforts.  We are actively strengthening our controls over the monthly closing and financial reporting processes by continuing to hire additional personnel with knowledge, experience and training in the application of U.S. generally accepted accounting principles commensurate with our financial reporting requirements. The hiring of additional, qualified personnel is critical to the building of a finance organization with the depth and breadth of knowledge to support our planned operations.

 

In May 2007, the Implementation Committee of our Board of Directors decided to implement the recommendation of the Board of Directors’ Special Committee Regarding Derivative Litigation that Dr. Sehat Sutardja remain Chief Executive Officer and a member of our Board of Directors, but step down as Chairman of the Board in favor of a non-executive Chairman.  This non-executive Chairman was to be selected from a group of new independent directors appointed to fill the then-three vacancies on our Board of Directors.  Since that time, we have added two new independent directors, Dr. Juergen Gromer and Dr. John Kassakian, to our Board of Directors, and our Board of Directors continues to search for additional independent directors.  Our Board of Directors is evaluating the roles of independent directors in the governance of the Board, and our Board of Directors will designate an independent director either as non-executive Chairman or non-executive Lead Director (if it retains an executive Chairman) once it has completed its search for additional new independent directors.

 

(3) We are actively enhancing communications through the implementation of formalized inter-departmental information exchanges on a recurring basis, and enhancements to the design of certain internal controls to enable a more detailed review process to occur on a timely basis.

 

This excerpt taken from the MRVL 10-Q filed Jun 6, 2008.

Implemented or Planned Remedial Actions of Material Weakness

 

Management is committed to and continues to make significant progress in reducing internal control deficiencies.  During the quarter ended May 3, 2008 and subsequent to that date, we implemented or plan to implement further remedial actions regarding the material weakness in internal control over financial reporting related to an ineffective control environment, specifically:

 

(1) We have identified the general nature of our deficiencies at February 2, 2008 and have already begun remediation efforts. We have developed a detailed remediation plan for internal control deficiencies and have already addressed a number of deficiencies during the quarter ended May 3, 2008.  We continue to address the remaining deficiencies with rigor and

 

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commitment and in accordance with our detailed plan. In addition, we have assessed controls over other processes that may be more susceptible to potentially material misstatements.

 

(2) A new Chief Financial Officer and Acting Chief Operating Officer was announced on May 29, 2008 to become effective June 23, 2008.  We continue to conduct a search for a new General Counsel and are planning to begin a search for a new Vice President of Compliance. The Vice President of Compliance will report directly to the Audit Committee of our Board of Directors.  We are actively strengthening our controls over the monthly closing and financial reporting processes by continuing to hire additional personnel with knowledge, experience and training in the application of U.S. generally accepted accounting principles commensurate with our financial reporting requirements. The hiring of additional, qualified personnel is critical to the building of a finance organization with the depth and breadth of knowledge to support our planned operations.

 

(3) We are actively enhancing communications through the design of formalized inter-departmental information exchanges on a recurring basis, and enhancements to the design of certain internal controls to enable a more detailed review process to occur on a timely basis.

 

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