Complaint Procedures for Accounting and Auditing Matters
Perfumania Holdings, Inc. (together with its subsidiaries, the "Company") is committed to achieving compliance with all applicable
securities laws and regulations, accounting standards, accounting controls and audit practices. In order to facilitate the reporting
of complaints or concerns, the Company's Audit Committee has established the following procedures for (1) the receipt, retention and
treatment of complaints regarding accounting, internal accounting controls, or auditing matters and (2) the confidential anonymous
submission by associates of the Company of concerns regarding questionable accounting or auditing matters.
Scope of Matters Covered by these Procedures
These procedures relate to complaints and concerns relating to any accounting, internal accounting controls or auditing matters or
questionable accounting or auditing matters, including, without limitation, the following:
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fraud or deliberate error in the preparation, evaluation, review or audit of
any financial statements of the Company;
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fraud or deliberate error in the recording and maintaining of financial records
of the Company;
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deficiencies in or noncompliance with the Company's internal accounting
controls;
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misrepresentation or false statement to or by a senior officer or accountant
regarding a matter contained in the financial records, financial reports or
audit reports of the Company; or
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deviation from full and fair reporting of the Company's financial condition.
Submission and Receipt of Complaints or Concerns
Complaints or concerns may be submitted by any of the following means:
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by mail, to:
Chairman of the Audit Committee of Perfumania Holdings, Inc.,
Private and Confidential
35 Sawgrass Drive, Suite #2,
Bellport, NY 11713
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by email to complaint@perfumaniaholdingsinc.com
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by voicemail to 631 866 4157, the CFO's office
Complaints or concerns may be submitted on an anonymous basis. The
Company will not undertake any efforts to determine the identity of anonymous
submissions. However, anonymous submissions should contain as much
detailed information as possible regarding the complaint or concern to permit
the matter to be properly investigated. If the person submitting the
complaint or concern does identity themselves, all reasonable efforts will be
undertaken to protect their identity, consistent with the need to conduct an
adequate review.
Treatment of Complaints or Concerns
All complaints or concerns will be reviewed under Audit Committee oversight and
direction by the Company's Chief Financial Officer and/or the Chairman of the
Company's Audit Committee. Promptly following receipt one or more
investigators will be appointed, taking into consideration any potential
conflicts of interest among the investigators that might affect the
independence of the investigation or the credibility of the conclusions reached.
The investigator(s) will be provided adequate resources (including advisors and
experts, if necessary) to conduct the investigation.
The investigator(s) will take control of all written materials involved in the
complaint or concern and interview anyone that may have information that
relates to the subject matter of the complaint or concern.
Prompt and corrective action will be taken when and as warranted in the
judgment of the Audit Committee.
Document Retention
The Chairman of the Audit Committee will retain documents and other
information, as deemed necessary, on a case by case basis.
Pending completion of the investigation all ordinary course document
destruction practices of the Company shall be suspended, with respect to
documentation pertinent to the investigation.
All records resulting from any complaint or concern and any resulting
investigation shall be retained by the Company for not less than seven (7)
years.
Retaliation
The Company will not discharge, demote, suspend, threaten, harass or in any
manner discriminate against an employee in the terms and conditions of
employment based upon any lawful actions of such employee with respect to good
faith reporting of complaints or concerns, providing or causing information to
be provided or otherwise assisting in an investigation regarding any complaint
or concern.
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