Action Alert No. 05-21
May 26, 2005

NOTICE OF MEETINGS

OPEN BOARD MEETING
(Board meetings are available by audio webcast and telephone.)

Wednesday, June 1, 2005, 9:00 a.m.

  1. Issuer credit standing and fair value remeasurements. The Board will discuss whether to add a project to its agenda to consider issues relating to issuer credit standing and derivative liabilities remeasured at fair value under FASB Statement No. 133, Accounting for Derivative Instruments and Hedging Activities. If the Board decides to add the project, it will discuss whether the guidance should be in the form of an FASB Staff Position (FSP). (Estimated 30-minute discussion.)

  2. Fair value option. The Board will discuss whether to consider the effect of changes in a debtor’s creditworthiness in reporting liabilities at fair value when the fair value option has been elected. The Board also will discuss possible disclosures related to the effect of changes in the debtor’s creditworthiness. (Estimated 60-minute discussion.)

  3. Measuring fair value of energy trading and other derivative contracts under Statement 133. The Board will discuss whether to add a project to its agenda relating to EITF Issue No. 02-3, “Issues Involved in Accounting for Derivative Contracts Held for Trading Purposes and Contracts Involved in Energy Trading and Risk Management Activities.” If the Board decides to add the project, it will discuss significant project issues and whether the related guidance should be issued in the form of an FSP. (Estimated 60-minute discussion.)

  4. Fair value measurement. The Board will continue redeliberations of the FASB Exposure Draft, Fair Value Measurements. The Board will clarify certain of its earlier decisions relating to blocks and disclosures. (Estimated 60-minute discussion.)

  5. Other comprehensive income upon the loss of significant influence. The Board will consider comment letters received on proposed FSP APB 18-a, "Accounting by an Investor for Its Proportionate Share of Other Comprehensive Income of an Investee Accounted for under the Equity Method in Accordance with APB Opinion No. 18 upon a Loss of Significant Influence," and whether to issue that FSP as final. (Estimated 30-minute discussion.)

  6. Open discussion. If necessary, the Board will allow time to discuss minor issues with staff members on technical projects or administrative matters. Those discussions are held following regular Board meetings as topics come up.

OPEN EDUCATION SESSIONS

Tuesday, May 31, 2005, 11:00 a.m.
Wednesday, June 1, following the Board meeting

The Board will hold educational, non-decision-making sessions to discuss topics that are anticipated to be discussed at the June 8, 2005 Board meeting. Those topics will be posted to the FASB calendar four days prior to the education sessions.

BOARD ACTIONS

The Board Actions are provided for the information and convenience of constituents who want to follow the Board’s deliberations. All of the conclusions reported are tentative and may be changed at future Board meetings. Decisions are included in an Exposure Draft for formal comment only after a formal written ballot. Decisions in an Exposure Draft may be (and often are) changed in redeliberations based on information provided to the Board in comment letters, at public roundtable discussions, and through other communication channels. Decisions become final only after a formal written ballot to issue a final Statement or Interpretation.

May 18, 2005 Board Meeting

Electronic waste obligations. The Board affirmed its decision to issue an FSP that addresses accounting for obligations associated with Directive 2002/EC/96 on Waste Electrical and Electronic Equipment (the “Directive”) adopted by the European Union. The Board made the following decisions:

  1. In a transaction involving a producer that is selling replacement equipment to a commercial user and assuming an obligation from that commercial user, he producer of the replacement equipment should recognize revenue only for the amount received that relates to the sale of the replacement equipment (not the assumption of the obligation) in those situations in which the recycling of electronic waste is not one of the primary revenue-generating business activities for that producer.

  2. In a transaction involving a producer that is selling a new asset to a commercial user and assuming an asset retirement obligation from the commercial user, the producer of the replacement equipment should measure the portion of the consideration received that relates to the sale of the replacement equipment as the residual amount (the excess of the price paid over the fair value of the obligation transferred) in those situations in which the recycling of electronic waste is not one of the primary revenue-generating business activities for that producer.

  3. The scope of the final FSP should not be expanded to include the accounting for new waste.

  4. The effective date for the final FSP should be the first reporting period beginning after the date the FSP is posted to the FASB website.

  5. Commercial users who have already recorded obligations for historical electronic equipment waste, or for entities operating in countries that enacted laws to comply with the Directive prior to the issuance of a final FSP, should recognize the cumulative effect of initially applying the guidance as a change in accounting principle.

The Board directed the staff to proceed to a draft of a final FSP for vote by written ballot.

Segment reporting: similar economic characteristics. The Board redeliberated the provisions in proposed FSP FAS 131-a, “Determining Whether Operating Segments Have ‘Similar Economic Characteristics‘ under Paragraph 17 of FASB Statement No. 131.” The Board decided not to issue the proposed FSP because it does not appear to address different interpretations of existing generally accepted accounting principles (GAAP) that have resulted in diversity of financial reporting. The Board based its decision on its review of the comment letters received on the proposed FSP, discussions with constituents, and discussions with the SEC staff. The Board plans no further action on this issue.

Minimum revenue guarantees. The Board added this project to its agenda and supported issuing a proposed FSP to affirm that the recognition, measurement, and disclosure provisions of FASB Interpretation No. 45, Guarantor’s Accounting and Disclosure Requirements for Guarantees, Including Indirect Guarantees of Indebtedness of Others, apply to a guarantor’s accounting for a minimum revenue guarantee granted to a business or its owners.

The Board agreed that the recognition and measurement provisions in the proposed FSP would be effective for new transactions and arrangements entered into on or after the beginning of the first fiscal quarter following the date that the final FSP is posted to the FASB website. Earlier application of the provisions of that FSP would be permitted. For any minimum revenue guarantees issued prior to the initial application of the FSP and not accounted for under Interpretation 45, the retroactive application of the initial recognition and initial measurement provisions of Interpretation 45 would not be permitted. The proposed FSP transition provisions for disclosures would parallel the transition provisions of Interpretation 45. The proposed FSP would indicate that the disclosure requirements in paragraphs 13–16 of Interpretation 45 should be applied to all minimum revenue guarantees in financial statements of interim or annual periods ending after the beginning of the first fiscal quarter following the date that the final FSP is posted to the FASB website. Thus, the disclosure requirements in paragraphs 13–16 would be applied to any minimum revenue guarantees issued prior to the initial application of the proposed FSP, regardless of whether those guarantees were recognized and measured under Interpretation 45.

The Board directed the staff to proceed to a draft of a proposed FSP for vote by written ballot. The proposed FSP will have a 60-day comment period.

Employee compensation: classification of freestanding financial instruments. The Board discussed whether to finalize proposed FSP EITF 00-19-a, “Application of EITF Issue No. 00-19 to Freestanding Financial Instruments Originally Issued as Employee Compensation,” and directed the staff to proceed to a draft of a final FSP for vote by written ballot.

The Board had previously decided the following at its May 11, 2005 meeting:

  1. An evaluation of the substantive terms of instruments subject to the guidance in the proposed FSP is appropriate (that is, retain paragraph 6 of the proposed FSP).

  2. Explicit guidance about the classification of instruments with multiple settlement alternatives should not be included in the final FSP.

The Board also decided to amend FASB Statement No. 123 (revised 2004), Share-Based Payment, to defer indefinitely the provisions of Statement 123(R) that make freestanding financial instruments subject to the recognition and measurement requirements of other GAAP when the rights conveyed by the instrument are no longer dependent on employment.

FUTURE OPEN MEETINGS

The following is a list of open meetings tentatively scheduled through June. Because schedules may change, please check the FASB calendar before finalizing your plans. Revisions to this list since the last issue of Action Alert are highlighted in bold.

Wednesday, June 8, 2005—FASB Board Meeting
Wednesday, June 8, 2005—FASB Education Session
Friday, June 10, 2005—Liaison Meeting with Financial Executives International Committee on Corporate Reporting, Stamford, CT
Tuesday, June 14, 2005—Joint International Group Meeting on Performance Reporting, New York, NY
Wednesday, June 15, 2005—FASB Board Meeting
Wednesday, June 15, 2005—FASB Education Session
Wednesday, June 15, 2005—p.m. Emerging Issues Task Force Meeting
Thursday, June 16, 2005—Emerging Issues Task Force Meeting
Friday, June 17, 2005—FASB Education Session
Tuesday, June 21, 2005—Financial Accounting Standards Advisory Council
Wednesday, June 22, 2005—Small Business Advisory Committee
Wednesday, June 22, 2005—p.m. FASB Board Meeting
Thursday, June 23, 2005—FASB Education Session
Wednesday, June 29, 2005—FASB Board Meeting
Wednesday, June 29, 2005—FASB Education Session