10-K/A: Beyond, Inc. Files Amendment to 2023 Annual Report, Corrects Auditor Consents
Annual Report Amendment
Beyond, Inc. has filed an amendment to its 2023 annual report to replace previously filed auditor consents and include updated certifications from its principal executive and financial officers.
Summary
- Beyond, Inc. filed an amendment to its annual report on Form 10-K for the fiscal year ended December 31, 2023.
- The amendment was made to replace the consents of KPMG LLP, Ernst & Young LLP, and Baker Tilly US, LLP, which were previously filed as exhibits to the original report.
- The amendment also includes new certifications from the company's Principal Executive Officer and Chief Financial Officer.
- The original Form 10-K was filed on February 23, 2024, and this amendment does not change any other items or disclosures from that original filing.
- The company had 45,749,767 shares of common stock outstanding as of June 21, 2024.
Sentiment
Score: 6
Explanation: The document is a routine regulatory filing, with a minor negative due to the need for an amendment. Overall, it's neutral to slightly negative.
Positives
- The company is taking steps to ensure compliance with SEC regulations by correcting the auditor consents.
- The updated certifications from the Principal Executive Officer and Chief Financial Officer provide assurance about the accuracy of the report.
Negatives
- The need for an amendment suggests a potential oversight or error in the original filing.
Risks
- The amendment indicates a need for careful review of the company's filings to ensure accuracy and compliance.
- Any further errors or omissions could lead to regulatory scrutiny or investor concern.
Management Comments
- David J. Nielsen, President (Principal Executive Officer), certified that the report does not contain any untrue statement of a material fact or omit to state a material fact.
- Adrianne B. Lee, Chief Financial & Administrative Officer (Principal Financial Officer and Principal Accounting Officer), certified that the report does not contain any untrue statement of a material fact or omit to state a material fact.
Industry Context
This filing is a standard regulatory procedure for publicly traded companies, ensuring transparency and accuracy in financial reporting. The need for an amendment, while not uncommon, highlights the importance of meticulous auditing and compliance processes.
Comparison to Industry Standards
- The amendment process is a common practice among publicly traded companies when errors or omissions are identified in their filings.
- The replacement of auditor consents is a specific action that is required to ensure the validity of the financial statements.
- Companies like Overstock.com, Inc. (which is now Beyond, Inc.) regularly file amendments to their reports as part of their compliance obligations.
- The number of shares outstanding and market capitalization are typical metrics reported by public companies.
Stakeholder Impact
- Shareholders are provided with corrected and accurate financial information.
- The company's compliance with SEC regulations is reinforced.
Key Dates
| Date | Description |
|---|---|
| February 15, 2022 | Date of KPMG's report on Medici Ventures, L.P. financial statements. |
| February 14, 2023 | Date of Ernst & Young's report on Medici Ventures, L.P. financial statements. |
| June 12, 2023 | Date of Asset Purchase Agreement between Overstock.com, Inc., Bed Bath & Beyond Inc. and certain subsidiaries of Bed Bath & Beyond Inc. |
| June 30, 2023 | Date used to calculate the aggregate market value of non-affiliate common equity. |
| July 3, 2023 | Date of Baker Tilly's report on tZERO Group, Inc. financial statements. |
| December 31, 2023 | Fiscal year end for the annual report being amended. |
| February 23, 2024 | Date of the original Form 10-K filing. |
| March 28, 2024 | Date of the proxy statement for the 2024 Annual Stockholders Meeting. |
| June 21, 2024 | Date used to determine the number of outstanding shares. |
| June 24, 2024 | Date of the amendment filing and auditor consents. |
Keywords
amendment, 10-K, auditor consents, financial statements, SEC, compliance, certifications, Beyond, Inc.
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