General (not jurisdiction-specific)

Concepts that apply broadly; check your own jurisdiction.

  • Audit trail

    A chronological record that allows a transaction to be traced from its source documents through each step of processing to final reports, showing who did what and when. In electronic systems, audit trails and metadata can help authenticate records, for example by evidence describing a process or system and showing that it produces an accurate result (Fed. R. Evid. 901(b)(9)).

  • Audit

    An independent examination of financial statements, records or procedures to determine whether they are accurate and follow applicable standards. Audits of financial statements follow auditing standards such as GAAS or PCAOB standards. A tax audit is an IRS examination of a return; the IRS is authorized to examine books and records to determine the correctness of a return (26 U.S.C. § 7602).

  • Recovery

    What a party obtains through a lawsuit, settlement or other legal process, such as money damages or the return of property. In accounting, a recovery is an amount collected on a debt that was previously charged off.

  • Charge-off

    An accounting entry in which a creditor writes off a debt as a loss on its books because it does not expect to collect it. Federal banking regulators’ policy generally calls for open-end retail credit, such as credit cards, to be charged off after 180 days past due. A charge-off does not cancel the debt: the borrower still owes it unless it is paid, settled, discharged in bankruptcy or otherwise forgiven, and the creditor may still try to collect it or sell it, subject to limits such as the statute of limitations.

  • Offset

    Another word for setoff: reducing one obligation by another. In federal collections, the government can offset — withhold — certain federal payments to collect delinquent debts through the Treasury Offset Program. Agencies may offset federal payments for debts owed to the United States, and, by agreement, certain debts owed to states (31 U.S.C. § 3716). Federal tax refunds may be reduced for debts owed to federal agencies, past-due child support, and certain state income tax and unemployment compensation debts (31 U.S.C. § 3720A; 26 U.S.C. § 6402).

  • Setoff

    A right to reduce an amount owed to another person by an amount that person owes in return, so that only the difference is paid. For example, a bank may set off a customer’s deposit against a matured debt the customer owes the bank, subject to legal limits. The Bankruptcy Code preserves certain prepetition setoff rights, with exceptions (11 U.S.C. § 553). Also called offset.

  • Ledger

    A book or electronic record in which a business records its financial transactions by account. A general ledger summarizes all of a business’s accounts. In court, ledgers are often offered as records of a regularly conducted activity, which may be admissible under the hearsay exception in Fed. R. Evid. 803(6) if the foundation requirements are met.

  • GAAP

    Generally accepted accounting principles — the standards U.S. businesses and nonprofit organizations use to prepare financial statements (state and local governments follow separate GASB standards). They are set by the Financial Accounting Standards Board (FASB) and organized in the FASB Accounting Standards Codification. The Securities and Exchange Commission recognizes FASB’s standards as generally accepted for purposes of the federal securities laws.

  • GAAS

    Generally accepted auditing standards — the standards auditors follow when auditing financial statements. For audits of nonpublic entities, they are issued by the American Institute of Certified Public Accountants (AICPA). Audits of public companies are governed by the standards of the Public Company Accounting Oversight Board (PCAOB), which the Sarbanes-Oxley Act of 2002 created (15 U.S.C. § 7211).

  • Account

    Has several legal meanings. Commonly, it is a record of transactions and a balance, such as a bank account; under UCC Article 9, a “deposit account” is a demand, time, savings, passbook or similar account maintained with a bank (UCC § 9-102(a)(29)). Article 9 also uses “account” for a right to payment of a monetary obligation, such as for goods sold or services rendered (UCC § 9-102(a)(2)). An “accounting” is a detailed report of transactions, which a court can order a fiduciary to give.