| Crimson
provides you with translations that satisfy:
Sarbanes-Oxley Requirements
SEC Rule 497 Requirements
Kirkpatrick & Lockhart Due Diligence Checklist
Translation Risk Management Requirements
For
12 years, Crimson Financial Translation has ensured client satisfaction
by producing the highest quality translated material. In fact, we
are the only company that employs BackEditing™—a proprietary
quality assurance methodology—as part of our translation process.
Our commitment to accuracy is why companies like Fidelity Investments,
T. Rowe Price, and Sallie Mae have selected Crimson as their preferred
translation provider.
Now,
according to just-published legal guidance from the law firm of
Kirkpatrick & Lockhart (named a "go to" law firm for
Financial America by the National Law Journal), translation has
been identified as a potential risk management item:
"An issuer, its underwriter, its directors, and any person
that sells shares through the use of a foreign language prospectus,
investor education materials, or marketing materials may be subject
to potential liability under the federal securities laws if the
translation of an otherwise complete and accurate English language
document into a foreign language causes the Foreign Language Materials
to be materially false or misleading"
(click
here and login to download a free copy
of the Kirkpatrick & Lockhart memorandum)
To
address this newly-identified translation risk—including Sarbanes-Oxley
sub-certification and SEC Rule 497 requirements—Crimson has
developed the only ISO 9001:2000 compliant Quality System for financial
services. Originally designed to meet the high-risk, life-and-death
requirements of medical translation, Crimson has tailored the system
to the specific needs of financial translation—while retaining
all of the essential elements required to mitigate translation risk.
The Best Defense
Crimson's documented Quality System provides you with "Due
Diligence" liability protection for your translation activities.
According to the Kirkpatrick & Lockhart memorandum:
"...a "due diligence" defense would be available
to a person who could demonstrate that it selected a translation
service that had objective standards in place to ensure the accuracy
of the translation and managed the risks typically associated
with language translation..."
The
due diligence defense is available for financial services companies:
"...provided
that the defendant, in selecting the translation service, satisfied
itself that the translation service had objective, statistically-based
standards in place to ensure the accuracy of the translation and
manage the risks typically associated with language translation.
For example, a person should be able to establish its exercise
of due diligence in selecting a translation service by showing
that the person duly considered such factors as:
- Does
the translation service have a documented quality system in place?
Is it a reasonable semblance to a recognized industry standard,
such as ISO 9001:2000? Are the quality system documents available
for review?
- Does
the translation service use objective methodologies, such as the
SAE J2450 standard, to demonstrate that the product meets acceptance
criteria?
-
Does the translation service have documented procedures in place
for translator recruiting, screening, testing, and auditing? Are
the procedures available for review?
(click
here and login to download the complete
version of K&L's Translation Due Diligence
Checklist)
In
fact, Crimson is the only translation company that complies with
each and every requirement of the Kirkpatrick & Lockhart Translation
Due Diligence Checklist.
Choose
Crimson and you get real risk management peace of mind—knowing
that your translations are in full compliance with Sarbanes-Oxley
sub-certification requirements, SEC Rule 497 requirements, and the
K&L Translation Due Diligence Checklist.
Feel
free to call or email
Crimson's CEO, Marc
Miller or VP of Quality Systems, Kai
Simonsen if you would like to know more about how an ISO-compliant
Quality System can help you meet Sarbanes-Oxley, SEC Rule 497, and
Kirkpatrick & Lockhart Translation Due Diligence requirements. |