A Primer on Sarbanes-Oxley

In: Business and Management

Submitted By liyanora
Words 2127
Pages 9
A Primer on Sarbanes-Oxley

By Doris
Activity 7
MGT7019-8
NorthCentral University

Abstract
This paper identifies issues, activities and practices, in financial reporting by public companies that were sanctioned by the Sarbanes-Oxley legislation Act of 2002 (SOX). This act was passed with the intent to restore public confidence and increase transparency in financial reports of publicly held companies, due to the aftermath of the financial scandals that plagued companies such as Enron and Worldcom (Jennings, 2012). The problem to be investigated is the ethical issues that were legislated by SOX, the cost associated with the implementation of the new act on different stakeholders, and new governance practices required of public companies to insure compliance with the new act.

Introduction
SOX was implemented in 2002 as “an act to protect investors by improving the accuracy and reliability of corporate disclosures made pursuant to the securities laws, and for other purposes” (Jennings, 2012, p. 212). This act focused primarily on the independence of auditors who are responsible for auditing public companies, the corporate responsibilities of Chief Executive Officer(CEO) and Chief Financial Officer(CFO), the proper disclosure of financial statements, the conflict of interest between the parties involved, criminal fraud accountability of those involved, and the imposition of the penalty in case of violations. The Public Accounting oversight Board (PAOB) was then created to enforce all the issues identified under the above act (Jennings, 2012). This legislation was imposed on employees of public companies who are responsible for disclosing financial statements. Although this legislation seemed new, it can be argued that all the issues addressed could have been covered by enforcing already existing code of ethics within any of these organizations.…...

Similar Documents

Sarbanes Oxley

...Sarbanes Oxley Act has had many positive impacts on American businesses, but has also had its share of criticism. As a result of the implementation of the Sarbanes Oxley Act, firms now produce financial information that is more transparent and holds some form of accountability. One of the greatest benefits of the Sarbanes Oxley Act is that investors are more confident because they now have access to more accurate financial statements and are able to assess the financial strength and stability of publicly traded companies when making investment decisions. American businesses now have stronger corporate governance as companies are more focused on being compliant and honest in their business practices. Sarbanes Oxley has helped to reduce the number of fraudulent financial / accounting activities in publicly traded companies and has also forced companies to have stronger internal controls, which results in more reliable and accurate financial statements. Although Sarbanes Oxley has had a number of positive results on American businesses and investors, several firms resent the act and its impact on their companies. Many executives and managers of such companies complain about the costs associated with being in compliance with the act. These additional costs include time and expenses for external auditors, legal fees, additional employees / compensation fees, fines for non-compliance, etc. They often argue that the cost of compliance exceeds the benefits of the act, which is......

Words: 310 - Pages: 2

Sarbanes-Oxley

...Sarbanes-Oxley Act Article LAW/421 Sarbanes-Oxley Act Article The article chosen is the Sarbanes-Oxley Act of 2002 and the legacy of Enron. This act was passed after corporate scandals that involved the regulatory mismanagement and fraud of Enron. This article review will cover topics on how the Sarbanes-Oxley and the collapse of Enron in which affected the ethical decision-making processes in business environments and criminal penalties for which the act provides. Decision-Making in Business Environment “A new generation of corporate leaders has entered the boardroom since Enron’s bankruptcy in December 2001” (Peregrine, 2011, Para. 2). The Act of Sarbanes-Oxley was passed to restore the integrity and to renew consumer confidence in the financial markets. The Sarbanes-Oxley regulates three areas: financial reporting, auditing, and corporate governance. The Sarbanes-Oxley requires businesses and corporations to develop and implement a code of ethics, collaboration, and confidentiality. The significance of this law is to viewed context that affect corporate governance and the exercise duties of officers and directors. Decision-making provides standards and guidelines to those employees of all levels. “This new law impacted accounting and financial decision making because it required companies to be responsible for their financial decisions; it also regulated the way board members and auditors interact, as well as, recognizing and regulating the problem of auditors......

Words: 503 - Pages: 3

Case Study: a Primer on Sarbanes-Oxley

... MGT7019 | Dr. Jennifer Scott | | | Ethics in Business | Case Study: A primer on Sarbanes- Oxley | <Add Learner comments here> ------------------------------------------------- ------------------------------------------------- Faculty Use Only ------------------------------------------------- <Faculty comments here> ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- <Faculty Name> <Grade Earned> <Writing Score> <Date Graded> Case Study: A primer on Sarbanes-Oxley Leona M. Anderson Dr. Jennifer Scott Northcentral University A Primer on Sarbanes-Oxley Introduction The problem to be investigated is whether Sarbanes-Oxley has helped to improve public trust in the markets and reduce non-ethical practices in business. The Sarbanes-Oxley Act of 2002 (SOX) was passed by the 107th Congress on July 30, 2002 (Sarbanes-Oxley, 2002) to provide protection to investors and shareholders as a result of fraudulent activities by some U.S. Corporations such as Enron, Tyco, WorldCom, and Adelphia, as well as other public companies (Jennings, 2012; Scott & Nganje, 2011). SOX introduced major regulatory changes which affect financial practice and corporate governance; and compliance is mandatory for ALL organizations (Guide to Sarbanes-Oxley, 2006). SOX is actually Public Law 107-204 and it is divided into eleven......

Words: 2048 - Pages: 9

Sarbanes-Oxley

...Effects Of The Sarbanes-Oxley Act Of 2002 On Financial Statements ACC/291 10/07/12 It’s inevitable for a company to have down periods when they are not making a profit and sometimes even spending more than they are bringing in. Companies that are publically traded are governed and sanctioned more than sole proprietorships (SP) and Limited Liability Companies (LLC). When the company is a sole proprietorship or a limited liability company government and regulations are basically reviewed and enforced internally. That’s a privileged that these types of organizations have. Owners may sometime not handle finances appropriately or may not have checks and balances in place from any outside sources to make sure everything is handled correctly. Organizations of any other sort than SP’s and LLC’s are under the scrutiny of The Sarbanes Oxley Act. Sarbanes-Oxley Act of 2002 was basically established to deal with unethical behavior and corporate social responsibility issues. This law was established to enforce accounting auditing and to protect investors. Companies like Enron and WorldCom scandals made it imperative for Congress to pass such a law to protect Investors, Corporation Employees, etc. This Act was not favored by a lot of organizations. Companies had to create procedures to meet what SOX require and it’s compliance. Procedures were required to be established to enforce the checks and......

Words: 432 - Pages: 2

A Primer on Sarbanes-Oxley

...A Primer on Sarbanes-Oxley By Doris Bonga Activity 7 MGT7019-8 NorthCentral University Abstract This paper identifies issues, activities and practices, in financial reporting by public companies that were sanctioned by the Sarbanes-Oxley legislation Act of 2002 (SOX). This act was passed with the intent to restore public confidence and increase transparency in financial reports of publicly held companies, due to the aftermath of the financial scandals that plagued companies such as Enron and Worldcom (Jennings, 2012). The problem to be investigated is the ethical issues that were legislated by SOX, the cost associated with the implementation of the new act on different stakeholders, and new governance practices required of public companies to insure compliance with the new act. Introduction SOX was implemented in 2002 as “an act to protect investors by improving the accuracy and reliability of corporate disclosures made pursuant to the securities laws, and for other purposes” (Jennings, 2012, p. 212). This act focused primarily on the independence of auditors who are responsible for auditing public companies, the corporate responsibilities of Chief Executive Officer(CEO) and Chief Financial Officer(CFO), the proper disclosure of financial statements, the conflict of interest between the parties involved, criminal fraud accountability of those involved, and the imposition of the penalty in case of violations. The Public Accounting oversight Board (PAOB) was......

Words: 2128 - Pages: 9

A Primer on Sarbanes-Oxley

...A Primer on Sarbanes-Oxley This paper is an investigation of violations in finance according to Sarbanes-Oxley (SOX) as related to ethics and those influenced by decisions from investment management. I assessed the financial and social business practices of different organizations and identified ethical issues within the businesses that impacted internal and external stakeholders. Research revealed issues and activities that should have been resolved voluntarily prior to SOX’s enactment to meet ethical considerations relative to social and financial performance and the organization’s reputation. Recommendations were made based on studies and scholarly articles implicating the best governance practices organizations should adopt to remain compliant with SOX. What is SOX? SOX was established in 2002 as an act to strengthen corporate governance and restore investor confidence. The most important conditional term was to protect investors by improving the accuracy and reliability of corporate disclosures made pursuant to the securities laws and other purposes (Jennings, 2012, p. 212). Provisions under SOX affected organizations’ processes and changed how financial information was released to the public. The act highlights the importance of information system controls by requiring management and auditors to report on the effectiveness of internal controls over the financial reporting component of the organization’s management information systems (Li, Peters, Richardson &......

Words: 1194 - Pages: 5

Sarbanes Oxley

...The Purpose of the Sarbanes-Oxley Act and GAAP Bill Chase Grantham University The Purpose of the Sarbanes-Oxley Act and GAAP The Sarbanes-Oxley Act was drafted and passed in 2002, by Senator Paul Sarbanes and Congressman Michael Oxley. The purpose for drafting and passing the Sarbanes-Oxley legislation was to protect investors by improving the accuracy and reliability of corporate disclosures in accordance with existing securities laws, and to encourage and enable corporate executives to be more ethical and socially responsible when conducting business (Bawa, 2004). In other words, the Act’s measures were to strengthen the reporting requirements that already existed for publicly traded companies, by holding those in power in the corporate world accountable for their actions. The Act increases penalties for executives who do misdeeds and imposes internal governance rules on their companies (Bawa, 2004). How does the Act hold executives accountable? The legislation requires the most senior company executives (CEO’s, CFO’s, etc.) to certify the company’s financial statements each time those reports are filed with the Security and Exchange Commission (Brigham & Ehrhardt, 2014 p 70). The impetus for passing Sarbanes-Oxley was due to the numerous corporate scandals that had come to plague the corporate world in the United States prior to the turn of the millennium. A common theme of these corporate scandals was the manipulation of company......

Words: 1058 - Pages: 5

Sarbanes-Oxley

...Sarbanes–Oxley, Sarbox or SOX, is a United States federal law which was introduced in 2002. It is also known as the “Public Company Accounting Reform and Investor Protection Act” and “and 'Corporate and Auditing Accountability and Responsibility Act”. The main objective of the act is to protect investors by improving the accuracy and reliability of corporate disclosures. New aspects are created by SOX act for corporate accountability as well as new penalties for wrong doings. It was basically introduced after major corporate and accounting scandals including the scandals of Enron, WorldCom etc so that the same kind of scandals do not repeat again. There are 11 titles on the act. Each title consists of several sections. The Securities and Exchange Commission needs to implement rulings on the requirements to comply with the law. These major elements are- 1. Public Company Accounting Oversight Board: This title establishes the Public Company Accounting Oversight Board. It provides specific processes and procedures for compliance audits, policies for control purposes. Basically it provides an oversight of public accounting firms that do auditing. 2. Auditor Independence: It provides standards for external auditor independence, so that conflicts of interest can be minimized. It also mentions the requirements for appointing new auditor and auditor reporting requirements. Auditing companies are prohibited from providing non-audit services (consulting) for the clients......

Words: 1426 - Pages: 6

Sarbanes-Oxley

...More importantly, the size and scope of this scandal and others such as Tyco and Worldcom decreased my faith in the financial market as a whole. The Sarbanes-Oxley Act of 2002 was devised partly due to the Enron scandal. It outlines stricter regulations that are designed to prevent this type of fraud from occurring again. It limits off-balance-sheet transactions and regulates auditor independence and conflict of interest. These are all avenues that allowed Enron and other companies to successfully commit fraud (Economist). References "Andersen guilty in Enron case". BBC News. June 15, 2002. http://news.bbc.co.uk/1/hi/business/2047122.stm. Retrieved September 3, 2015 BBC News. http://news.bbc.co.uk/hi/english/static/in_depth/business/2002/enron/timeline/1.stm. Retrieved September 3, 2015 "Enron scandal brings overdue scrutiny of stock analysts". USA Today. 25 March 2002. "Dan Ackman, "Enron the Incredible"". Forbes.com, Jan. 17, 2002. January 15, 2002. http://www.forbes.com/2002/01/15/0115enron.html. September 3, 2015 “Whistle-blower sent off”. Telegraph.co.uk, Jan. 30, 2002. http://www.telegraph.co.uk/finance/2751205/Whistle-blower-sent-off.html. September 3, 2015 “The Rise and Fall of Enron”. Nytimes.com, http://www.nytimes.com/ref/business/20060201_ENRON_GRAPHIC.html. September 3, 2015 "Five years of Sarbanes–Oxley". The Economist. 2007-07-26. http://www.economist.com/displaystory.cfm?story_id=9545905. September 3, 2015...

Words: 992 - Pages: 4

Sarbanes-Oxley

...Sarbanes–Oxley, Sarbox or SOX, is a United States federal law which was introduced in 2002. It is also known as the “Public Company Accounting Reform and Investor Protection Act” and “and 'Corporate and Auditing Accountability and Responsibility Act”. The main objective of the act is to protect investors by improving the accuracy and reliability of corporate disclosures. New aspects are created by SOX act for corporate accountability as well as new penalties for wrong doings. It was basically introduced after major corporate and accounting scandals including the scandals of Enron, WorldCom etc so that the same kind of scandals do not repeat again. There are 11 titles on the act. Each title consists of several sections. The Securities and Exchange Commission needs to implement rulings on the requirements to comply with the law. These major elements are- 1. Public Company Accounting Oversight Board: This title establishes the Public Company Accounting Oversight Board. It provides specific processes and procedures for compliance audits, policies for control purposes. Basically it provides an oversight of public accounting firms that do auditing. 2. Auditor Independence: It provides standards for external auditor independence, so that conflicts of interest can be minimized. It also mentions the requirements for appointing new auditor and auditor reporting requirements. Auditing companies are prohibited from providing non-audit services (consulting) for the clients......

Words: 1425 - Pages: 6

Sarbanes and Oxley

...Sarbanes-Oxley Act of 2002 - SOX The finance industry was not always regulated. Prior to the great stock market crash in October of 1929, there was no regulation. After this crash, Congress held hearings to determine the problems and suggest solutions. This resulted in the Securities Act of 1933. The Security Exchange Commission (SEC) was created as a result of the Securities Act of 1933 and the Securities Exchange Act of 1934. The intent of this Commission was to restore confidence to investors by requiring honest reporting, and requiring companies and people who work in the industry to put investors’ interests first. After the fall of several publicly traded companies in 2001, it was clear that the SEC alone was not enough. For this reason and through the guidance of U.S. Senator Paul Sarbanes and U.S. Representative Michael Oxley, Congress passed the Sarbanes-Oxley Act in July 2002 (U.S. Securities and Exchange Commission, 2013). The mission of Sarbanes-Oxley Act of 2002 is stated in Public Law 107-204 (2002), “To protect investors by improving the accuracy and reliability of corporate disclosures made pursuant to the securities laws, and for other purposes” (p. 1). To determine if the mission of SOX is successful the following will be discussed; the main advantages and disadvantages associated with SOX, the affects SOX has on public company Chief Operating Executive’s (CEO’s) and Chief Financial Executive’s (CFO’s), the impact SOX has on outside independent audit......

Words: 3725 - Pages: 15

Sarbanes-Oxley

...Sarbanes-Oxley Gabriel Mould ACC561 October 13, 2015 Dr. Janet Forney Sarbanes-Oxley Aspects of the Regulatory Environment In 2001, one of the largest corporate scandals unraveled as Enron/Andersen was accused of corporate fraud. Not long after were companies such as ImClone and Global Crossing were deemed under the same fraudulent activities and congress did very little in correcting the situations. (Larry Bumgardner, 2003) Several committees did hold hearings and a number of bills were introduced to address corporate misconduct. However, the differences between the Senate under Democratic control at the time, and the House of Representatives and White House, under Republican control, on how to address the problems were so great that no legislation appeared imminent. (Larry Bumgardner, 2003) There was a second wave of scandals that involved WorldCom and Adelphia in the summer of 2002. (Larry Bumgardner, 2003) WorldCom had $107 billion in assets but after filing in the Southern District of New York was crushed by their debt of $41 billion. WorldCom’s bankruptcy is the largest in United States history making Enron seem irrelevant. (Beltran, 2002) Three founding members and two other company executives of Adelphia were arrested on charges of looting the nation’s sixth-largest cable-television company on a massive scale. Congress along with the White House began to notice a steady decrease in the stock market which led them to call for action against these scandals...

Words: 1495 - Pages: 6

Sarbanes Oxley

...The Effects of the Sarbanes-Oxley Act There have been widespread reactions to corporate scandals which have become seemingly common in corporate America. Government reaction to these unethical corporate and accounting scandals has led to regulation and intervention. The Sarbanes-Oxley Act of 2002 is seen as a response to the lack of corporate governance present in many corporations. The Sarbanes-Oxley Act of 2002 is also known as the Public Company Accounting Reform and Investor Protection Act of 2002 and commonly called Sarbanes-Oxley, Sarbox, or SOX. This United States federal law was enacted on July 30, 2002 in response to a number of major corporate and accounting scandals, including those affecting Enron, Tyco International, Adelphia, Peregrine Systems, and WorldCom. The act is administered by the Securities and Exchange Commission. It sets deadlines for compliance and publishes rules on requirements. The Act contains 11 titles; these describe specific mandates and requirements for financial reporting. Moreover, the Sarbanes-Oxley Act introduced major changes to the regulation of financial practice and corporate governance. It is seen as the most important legislation affecting corporate financial reporting enacted in the United States since the 1930s” (Li, 1). It is extremely essential in to ensure protect to shareholders and the general public from accounting errors and fraudulent practices in an enterprise. However, with government regulation and intervention one......

Words: 2870 - Pages: 12

Sarbanes Oxley

...What is the purpose of the Sarbanes Oxley Act? LIB100, Class Section Quincy Leon Professor Kahn Fall 2011 Topic: What is the purpose of the Sarbanes Oxley Act? Thesis statement: Patients who suffer from depression often think that they are faced with two treatment options. They can participate in psychotherapy and/or they can take a regimen of psychotropic medication. It is important for mental health practitioners to impress upon their patients that 30 minutes of moderate exercise performed 4 times a week can also lift their mood and play a role in their recovery. Search strategy and evaluation of resources: I began my research on the purpose of the Sarbanes Oxley act by searching the ASA library online catalog for books that spoke mainly about that topic. I chose the ASA library because it is a college library; it only contains books or articles that are meant for research. Also, the library contains credible sources necessary for a research project. I chose two books to use for my research. The first being Sarbanes-Oxley act of 2002: Law and Explanation. I chose this book because it is considered to be an authoritative source which contains the necessary background information one would need at the commencement of a research project. The next book I chose was Sarbanes-Oxley Act of 2002: Conference Report. I chose this book it too spoke primarily about the SOX Act. This report is authoritative because it is written by the......

Words: 395 - Pages: 2

Sarbanes-Oxley

...What exactly is the Sarbanes-Oxley Act? Who does it protect? Who benefits from SOX most? I will discuss what the Sarbanes-Oxley Act (SOX) is its key components, and its primary objective. Also, I will discuss the criticisms surrounding the SOX act. Why it is important to enforce the Sarbanes-Oxley Act. Finally, I will discuss if the SOX has achieved its goals. The main purpose of Sarbanes Oxley Act is to ensure that the corporate sector works with transparency and provides full disclosure of information as and when required (Bing, 2007). This basically means that corporations must keep good records of what goes on in their business, not just for their benefit, but just in case of an audit, then they’ll have all their transactions ready to be reviewed and to keep future corporate scandals down. The Sarbanes-Oxley Act was passed by Congress on July 30, 2002. The law forced public companies to spend much more money having their books thoroughly audited, and it increased the penalties for executives who defrauded investors. Since the bill's passage and implementation, nervous investors who had yanked trillions of dollars from the market have returned (Farrell, 2007). The men behind the Sarbanes-Oxley Act consist of U.S. Treasury Secretary Henry Paulson, New York Stock Exchange CEO John Thain and former AIG chief Maurice "Hank" Greenberg. Even though their voices my appear to be isolated, Charles Niemeier a member of the Public Company Accounting Oversight......

Words: 2320 - Pages: 10

Pós-Apocalíptico | Lot of 100 Rusty Barn Stars 1.5 inch Rustic Primitive Country Rusted Dimensional | Ouverture de session