SlideShare uma empresa Scribd logo
1 de 4
SARBANES-OXLEY PAPER 5
Sarbanes-Oxley Paper
Name
University of Phoenix
ACC/340
Professor: Richard Calabria
June 20, 2011
Running head: SARBANES-OXLEY PAPER 1
Sarbanes-Oxley Paper
The United States federal Sarbanes-Oxley Act was founded to
improve the accuracy and reliability to ultimately protect
investors. The Act is known as the Public Company Accounting
Reform and Protection Act of 2002. The Act was signed into
law on July 30, 2002.
The Reason for Passage
During the late 1990s and early parts of the year 2000 many
acts of corruption in business world went on without a
regulation to stop it. The Sarbanes-Oxley Act of 2002 (often
shortened to SOX) is legislation enacted in response to the
high-profile Enron and WorldCom financial scandals to protect
shareholders and the general public from accounting errors and
fraudulent practices in the enterprise (Spurzem, 2006).
Following these scandals the President of the United States of
America at the time President George Bush push for the act to
be pass by the house and senate so he could sign it into law to
protect investors. The act passed the House 423-3 and the
Senate 99-0 and was promptly signed into the law by the
president. Once passed the act has been view as the most
extensive measure to attempt to improve business accounting
regulations since the Security and Exchange Act of 1934. The
ACT is a direct attempt to keep businesses from intentionally
committing financial fraud and misleading their stockholders
and investors. The ACT requires organizations to administer
far-reaching corporate governing policies to anticipate and stop
fraudulent activities with an organization and to react
accordingly. The Sarbanes-Oxley Act is administered by the
Securities and Exchange Commission, and gives clear
guidelines on which organizational records need to be kept and
for how long they must be kept. The enforcers of the act believe
improving accuracy and reliability of corporate disclosures and
financial reports given to investors in public companies improve
protection. The Securities and Exchange Commission has
established harsher civil and criminal penalties for violations of
securities laws, and inflicted to be significantly longer jail
sentences and larger fines for corporate executives who
knowingly and willfully falsify financial statements. Sec. 802(a)
"Whoever knowingly alters, destroys, mutilates, conceals,
covers up, falsifies, or makes a false entry in any record,
document, or tangible object with the intent to impede, obstruct,
or influence the investigation or proper administration of any
matter within the jurisdiction of any department or agency of
the United States or any case filed under title 11, or in relation
to or contemplation of any such matter or case, shall be fined
under this title, imprisoned not more than 20 years, or
both(United States Congress, 2002)."
How has it affect Affected the Accounting Society
The Sarbanes-Oxley Act required a Public Company Accounting
Oversight Board to be established. The Public Accounting
Oversight Board (PCAOB) is responsible establishing codes of
ethics for financial reporting and the monitoring of accounting
firms that audit public corporations. The PCAOB is a nonprofit
corporation established by Congress to oversee the audits of
public companies to protect the interests of investors and
further the public interest in the preparation of informative,
accurate, and independent audit reports (Johnson, 2011). Public
accountants that provide services to public companies are
required to be registered with the Public Company Accounting
Oversight Board.
Section 404 - Management Assessment of Internal Controls
This section requires that the Chief Executive Officer (CEO)
and the Chief Financial Officer (CFO) confirm the effectiveness
of their company’s internal controls for financial reporting.
Section 404 also specifies that each annual report of an issuer
will contain an internal control report and that it will clearly list
the responsibility of management for establishing and
maintaining an adequate internal control structure, and will
contain an assessment of the effectiveness of the internal
control structure and procedures of the issuer for financial
reporting (United States Congress, 2002).
Conclusion
In conclusion, the President signed the Sarbanes-Oxley Act into
laws to reduce financial crimes and fraud committed by
corporate insiders. These types of crimes are unacceptable, and
are bad for business in the United States and in the world of
business as a whole. Many investors’ life savings were
destroyed by corporate insiders and if the ACT had been in
place many investors would have been protected. With all the
modifications and changes that are now enforced the business
world is a much safer place when it comes to investing.
Although the changes have drastically improved the process, I
still believe there are more actions that can be taken to
safeguard the investors. Even with regulations the heart of the
plan lies in developing an ethical balance because all profits are
not good especially when it is at the expense of unknowing
investors that have their life savings invested.
References
Johnson, J. (2011). PCAOBOVERSEES.
pcaobus.org/Pages/default.aspx
United States. Congress (107th, 2nd session: 2002) (2002)
Sarbanes-Oxley Act of 2002: conference report. Washington,
D.C.: U.S. G.P.O.
Spurzem, B. (2006). Sarbanes-Oxley Act (SOX). Retrieved from
http://searchcio.techtarget.com/definition/Sarbanes-Oxley-Act

Mais conteúdo relacionado

Mais de kenjordan97598

You are the Nursing Director for the medical-surgical area of a .docx
You are the Nursing Director for the medical-surgical area of a .docxYou are the Nursing Director for the medical-surgical area of a .docx
You are the Nursing Director for the medical-surgical area of a .docxkenjordan97598
 
You are the newly appointed director of the Agile County Airport.docx
You are the newly appointed director of the Agile County Airport.docxYou are the newly appointed director of the Agile County Airport.docx
You are the newly appointed director of the Agile County Airport.docxkenjordan97598
 
You are working on an address book database with a table called Cont.docx
You are working on an address book database with a table called Cont.docxYou are working on an address book database with a table called Cont.docx
You are working on an address book database with a table called Cont.docxkenjordan97598
 
You are the new Security Manager for a small bank in Iowa. They are .docx
You are the new Security Manager for a small bank in Iowa. They are .docxYou are the new Security Manager for a small bank in Iowa. They are .docx
You are the new Security Manager for a small bank in Iowa. They are .docxkenjordan97598
 
You are working in a rural Family Planning Health clinic and a 16 y.docx
You are working in a rural Family Planning Health clinic and a 16 y.docxYou are working in a rural Family Planning Health clinic and a 16 y.docx
You are working in a rural Family Planning Health clinic and a 16 y.docxkenjordan97598
 
You are working in a family practice when your newly diagnosed T.docx
You are working in a family practice when your newly diagnosed T.docxYou are working in a family practice when your newly diagnosed T.docx
You are working in a family practice when your newly diagnosed T.docxkenjordan97598
 
You are working for the Chief of Staff (CoS) for a newly elected Gov.docx
You are working for the Chief of Staff (CoS) for a newly elected Gov.docxYou are working for the Chief of Staff (CoS) for a newly elected Gov.docx
You are working for the Chief of Staff (CoS) for a newly elected Gov.docxkenjordan97598
 
You are working at Johnson and Cohen law firm and have recently .docx
You are working at Johnson and Cohen law firm and have recently .docxYou are working at Johnson and Cohen law firm and have recently .docx
You are working at Johnson and Cohen law firm and have recently .docxkenjordan97598
 
You are working for a community counseling agency, and you are taske.docx
You are working for a community counseling agency, and you are taske.docxYou are working for a community counseling agency, and you are taske.docx
You are working for a community counseling agency, and you are taske.docxkenjordan97598
 
You are working as the software tester for a big enterprise comp.docx
You are working as the software tester for a big enterprise comp.docxYou are working as the software tester for a big enterprise comp.docx
You are working as the software tester for a big enterprise comp.docxkenjordan97598
 
You are working as HelpDesk Support for an organization where your u.docx
You are working as HelpDesk Support for an organization where your u.docxYou are working as HelpDesk Support for an organization where your u.docx
You are working as HelpDesk Support for an organization where your u.docxkenjordan97598
 
You are working as an APRN in your local primary care office. Th.docx
You are working as an APRN in your local primary care office. Th.docxYou are working as an APRN in your local primary care office. Th.docx
You are working as an APRN in your local primary care office. Th.docxkenjordan97598
 
You are the new Public Information Officer (PIO) assigned by the.docx
You are the new Public Information Officer (PIO) assigned by the.docxYou are the new Public Information Officer (PIO) assigned by the.docx
You are the new Public Information Officer (PIO) assigned by the.docxkenjordan97598
 
You are welcome to go to the San Diego Zoo any time you would li.docx
You are welcome to go to the San Diego Zoo any time you would li.docxYou are welcome to go to the San Diego Zoo any time you would li.docx
You are welcome to go to the San Diego Zoo any time you would li.docxkenjordan97598
 
You are visiting one of your organization’s plants in a poor nation..docx
You are visiting one of your organization’s plants in a poor nation..docxYou are visiting one of your organization’s plants in a poor nation..docx
You are visiting one of your organization’s plants in a poor nation..docxkenjordan97598
 
You are to write a four-page (typed, double-spaced) essay addressing.docx
You are to write a four-page (typed, double-spaced) essay addressing.docxYou are to write a four-page (typed, double-spaced) essay addressing.docx
You are to write a four-page (typed, double-spaced) essay addressing.docxkenjordan97598
 
You are to write a 7-page Biographical Research Paper of St Franci.docx
You are to write a 7-page Biographical Research Paper of St Franci.docxYou are to write a 7-page Biographical Research Paper of St Franci.docx
You are to write a 7-page Biographical Research Paper of St Franci.docxkenjordan97598
 
You are to write a 1050 to 1750 word literature review (in a.docx
You are to write a 1050 to 1750 word literature review (in a.docxYou are to write a 1050 to 1750 word literature review (in a.docx
You are to write a 1050 to 1750 word literature review (in a.docxkenjordan97598
 
You are to take the uploaded assignment and edit it. The title shoul.docx
You are to take the uploaded assignment and edit it. The title shoul.docxYou are to take the uploaded assignment and edit it. The title shoul.docx
You are to take the uploaded assignment and edit it. The title shoul.docxkenjordan97598
 
You are to use a topic for the question you chose.WORD REQUIRE.docx
You are to use a topic for the question you chose.WORD REQUIRE.docxYou are to use a topic for the question you chose.WORD REQUIRE.docx
You are to use a topic for the question you chose.WORD REQUIRE.docxkenjordan97598
 

Mais de kenjordan97598 (20)

You are the Nursing Director for the medical-surgical area of a .docx
You are the Nursing Director for the medical-surgical area of a .docxYou are the Nursing Director for the medical-surgical area of a .docx
You are the Nursing Director for the medical-surgical area of a .docx
 
You are the newly appointed director of the Agile County Airport.docx
You are the newly appointed director of the Agile County Airport.docxYou are the newly appointed director of the Agile County Airport.docx
You are the newly appointed director of the Agile County Airport.docx
 
You are working on an address book database with a table called Cont.docx
You are working on an address book database with a table called Cont.docxYou are working on an address book database with a table called Cont.docx
You are working on an address book database with a table called Cont.docx
 
You are the new Security Manager for a small bank in Iowa. They are .docx
You are the new Security Manager for a small bank in Iowa. They are .docxYou are the new Security Manager for a small bank in Iowa. They are .docx
You are the new Security Manager for a small bank in Iowa. They are .docx
 
You are working in a rural Family Planning Health clinic and a 16 y.docx
You are working in a rural Family Planning Health clinic and a 16 y.docxYou are working in a rural Family Planning Health clinic and a 16 y.docx
You are working in a rural Family Planning Health clinic and a 16 y.docx
 
You are working in a family practice when your newly diagnosed T.docx
You are working in a family practice when your newly diagnosed T.docxYou are working in a family practice when your newly diagnosed T.docx
You are working in a family practice when your newly diagnosed T.docx
 
You are working for the Chief of Staff (CoS) for a newly elected Gov.docx
You are working for the Chief of Staff (CoS) for a newly elected Gov.docxYou are working for the Chief of Staff (CoS) for a newly elected Gov.docx
You are working for the Chief of Staff (CoS) for a newly elected Gov.docx
 
You are working at Johnson and Cohen law firm and have recently .docx
You are working at Johnson and Cohen law firm and have recently .docxYou are working at Johnson and Cohen law firm and have recently .docx
You are working at Johnson and Cohen law firm and have recently .docx
 
You are working for a community counseling agency, and you are taske.docx
You are working for a community counseling agency, and you are taske.docxYou are working for a community counseling agency, and you are taske.docx
You are working for a community counseling agency, and you are taske.docx
 
You are working as the software tester for a big enterprise comp.docx
You are working as the software tester for a big enterprise comp.docxYou are working as the software tester for a big enterprise comp.docx
You are working as the software tester for a big enterprise comp.docx
 
You are working as HelpDesk Support for an organization where your u.docx
You are working as HelpDesk Support for an organization where your u.docxYou are working as HelpDesk Support for an organization where your u.docx
You are working as HelpDesk Support for an organization where your u.docx
 
You are working as an APRN in your local primary care office. Th.docx
You are working as an APRN in your local primary care office. Th.docxYou are working as an APRN in your local primary care office. Th.docx
You are working as an APRN in your local primary care office. Th.docx
 
You are the new Public Information Officer (PIO) assigned by the.docx
You are the new Public Information Officer (PIO) assigned by the.docxYou are the new Public Information Officer (PIO) assigned by the.docx
You are the new Public Information Officer (PIO) assigned by the.docx
 
You are welcome to go to the San Diego Zoo any time you would li.docx
You are welcome to go to the San Diego Zoo any time you would li.docxYou are welcome to go to the San Diego Zoo any time you would li.docx
You are welcome to go to the San Diego Zoo any time you would li.docx
 
You are visiting one of your organization’s plants in a poor nation..docx
You are visiting one of your organization’s plants in a poor nation..docxYou are visiting one of your organization’s plants in a poor nation..docx
You are visiting one of your organization’s plants in a poor nation..docx
 
You are to write a four-page (typed, double-spaced) essay addressing.docx
You are to write a four-page (typed, double-spaced) essay addressing.docxYou are to write a four-page (typed, double-spaced) essay addressing.docx
You are to write a four-page (typed, double-spaced) essay addressing.docx
 
You are to write a 7-page Biographical Research Paper of St Franci.docx
You are to write a 7-page Biographical Research Paper of St Franci.docxYou are to write a 7-page Biographical Research Paper of St Franci.docx
You are to write a 7-page Biographical Research Paper of St Franci.docx
 
You are to write a 1050 to 1750 word literature review (in a.docx
You are to write a 1050 to 1750 word literature review (in a.docxYou are to write a 1050 to 1750 word literature review (in a.docx
You are to write a 1050 to 1750 word literature review (in a.docx
 
You are to take the uploaded assignment and edit it. The title shoul.docx
You are to take the uploaded assignment and edit it. The title shoul.docxYou are to take the uploaded assignment and edit it. The title shoul.docx
You are to take the uploaded assignment and edit it. The title shoul.docx
 
You are to use a topic for the question you chose.WORD REQUIRE.docx
You are to use a topic for the question you chose.WORD REQUIRE.docxYou are to use a topic for the question you chose.WORD REQUIRE.docx
You are to use a topic for the question you chose.WORD REQUIRE.docx
 

Último

Holdier Curriculum Vitae (April 2024).pdf
Holdier Curriculum Vitae (April 2024).pdfHoldier Curriculum Vitae (April 2024).pdf
Holdier Curriculum Vitae (April 2024).pdfagholdier
 
Graduate Outcomes Presentation Slides - English
Graduate Outcomes Presentation Slides - EnglishGraduate Outcomes Presentation Slides - English
Graduate Outcomes Presentation Slides - Englishneillewis46
 
How to Manage Global Discount in Odoo 17 POS
How to Manage Global Discount in Odoo 17 POSHow to Manage Global Discount in Odoo 17 POS
How to Manage Global Discount in Odoo 17 POSCeline George
 
This PowerPoint helps students to consider the concept of infinity.
This PowerPoint helps students to consider the concept of infinity.This PowerPoint helps students to consider the concept of infinity.
This PowerPoint helps students to consider the concept of infinity.christianmathematics
 
Fostering Friendships - Enhancing Social Bonds in the Classroom
Fostering Friendships - Enhancing Social Bonds  in the ClassroomFostering Friendships - Enhancing Social Bonds  in the Classroom
Fostering Friendships - Enhancing Social Bonds in the ClassroomPooky Knightsmith
 
The basics of sentences session 3pptx.pptx
The basics of sentences session 3pptx.pptxThe basics of sentences session 3pptx.pptx
The basics of sentences session 3pptx.pptxheathfieldcps1
 
Single or Multiple melodic lines structure
Single or Multiple melodic lines structureSingle or Multiple melodic lines structure
Single or Multiple melodic lines structuredhanjurrannsibayan2
 
HMCS Vancouver Pre-Deployment Brief - May 2024 (Web Version).pptx
HMCS Vancouver Pre-Deployment Brief - May 2024 (Web Version).pptxHMCS Vancouver Pre-Deployment Brief - May 2024 (Web Version).pptx
HMCS Vancouver Pre-Deployment Brief - May 2024 (Web Version).pptxmarlenawright1
 
Kodo Millet PPT made by Ghanshyam bairwa college of Agriculture kumher bhara...
Kodo Millet  PPT made by Ghanshyam bairwa college of Agriculture kumher bhara...Kodo Millet  PPT made by Ghanshyam bairwa college of Agriculture kumher bhara...
Kodo Millet PPT made by Ghanshyam bairwa college of Agriculture kumher bhara...pradhanghanshyam7136
 
Jamworks pilot and AI at Jisc (20/03/2024)
Jamworks pilot and AI at Jisc (20/03/2024)Jamworks pilot and AI at Jisc (20/03/2024)
Jamworks pilot and AI at Jisc (20/03/2024)Jisc
 
Salient Features of India constitution especially power and functions
Salient Features of India constitution especially power and functionsSalient Features of India constitution especially power and functions
Salient Features of India constitution especially power and functionsKarakKing
 
Plant propagation: Sexual and Asexual propapagation.pptx
Plant propagation: Sexual and Asexual propapagation.pptxPlant propagation: Sexual and Asexual propapagation.pptx
Plant propagation: Sexual and Asexual propapagation.pptxUmeshTimilsina1
 
UGC NET Paper 1 Mathematical Reasoning & Aptitude.pdf
UGC NET Paper 1 Mathematical Reasoning & Aptitude.pdfUGC NET Paper 1 Mathematical Reasoning & Aptitude.pdf
UGC NET Paper 1 Mathematical Reasoning & Aptitude.pdfNirmal Dwivedi
 
Google Gemini An AI Revolution in Education.pptx
Google Gemini An AI Revolution in Education.pptxGoogle Gemini An AI Revolution in Education.pptx
Google Gemini An AI Revolution in Education.pptxDr. Sarita Anand
 
Interdisciplinary_Insights_Data_Collection_Methods.pptx
Interdisciplinary_Insights_Data_Collection_Methods.pptxInterdisciplinary_Insights_Data_Collection_Methods.pptx
Interdisciplinary_Insights_Data_Collection_Methods.pptxPooja Bhuva
 
SOC 101 Demonstration of Learning Presentation
SOC 101 Demonstration of Learning PresentationSOC 101 Demonstration of Learning Presentation
SOC 101 Demonstration of Learning Presentationcamerronhm
 
HMCS Max Bernays Pre-Deployment Brief (May 2024).pptx
HMCS Max Bernays Pre-Deployment Brief (May 2024).pptxHMCS Max Bernays Pre-Deployment Brief (May 2024).pptx
HMCS Max Bernays Pre-Deployment Brief (May 2024).pptxEsquimalt MFRC
 
General Principles of Intellectual Property: Concepts of Intellectual Proper...
General Principles of Intellectual Property: Concepts of Intellectual  Proper...General Principles of Intellectual Property: Concepts of Intellectual  Proper...
General Principles of Intellectual Property: Concepts of Intellectual Proper...Poonam Aher Patil
 
How to setup Pycharm environment for Odoo 17.pptx
How to setup Pycharm environment for Odoo 17.pptxHow to setup Pycharm environment for Odoo 17.pptx
How to setup Pycharm environment for Odoo 17.pptxCeline George
 
FSB Advising Checklist - Orientation 2024
FSB Advising Checklist - Orientation 2024FSB Advising Checklist - Orientation 2024
FSB Advising Checklist - Orientation 2024Elizabeth Walsh
 

Último (20)

Holdier Curriculum Vitae (April 2024).pdf
Holdier Curriculum Vitae (April 2024).pdfHoldier Curriculum Vitae (April 2024).pdf
Holdier Curriculum Vitae (April 2024).pdf
 
Graduate Outcomes Presentation Slides - English
Graduate Outcomes Presentation Slides - EnglishGraduate Outcomes Presentation Slides - English
Graduate Outcomes Presentation Slides - English
 
How to Manage Global Discount in Odoo 17 POS
How to Manage Global Discount in Odoo 17 POSHow to Manage Global Discount in Odoo 17 POS
How to Manage Global Discount in Odoo 17 POS
 
This PowerPoint helps students to consider the concept of infinity.
This PowerPoint helps students to consider the concept of infinity.This PowerPoint helps students to consider the concept of infinity.
This PowerPoint helps students to consider the concept of infinity.
 
Fostering Friendships - Enhancing Social Bonds in the Classroom
Fostering Friendships - Enhancing Social Bonds  in the ClassroomFostering Friendships - Enhancing Social Bonds  in the Classroom
Fostering Friendships - Enhancing Social Bonds in the Classroom
 
The basics of sentences session 3pptx.pptx
The basics of sentences session 3pptx.pptxThe basics of sentences session 3pptx.pptx
The basics of sentences session 3pptx.pptx
 
Single or Multiple melodic lines structure
Single or Multiple melodic lines structureSingle or Multiple melodic lines structure
Single or Multiple melodic lines structure
 
HMCS Vancouver Pre-Deployment Brief - May 2024 (Web Version).pptx
HMCS Vancouver Pre-Deployment Brief - May 2024 (Web Version).pptxHMCS Vancouver Pre-Deployment Brief - May 2024 (Web Version).pptx
HMCS Vancouver Pre-Deployment Brief - May 2024 (Web Version).pptx
 
Kodo Millet PPT made by Ghanshyam bairwa college of Agriculture kumher bhara...
Kodo Millet  PPT made by Ghanshyam bairwa college of Agriculture kumher bhara...Kodo Millet  PPT made by Ghanshyam bairwa college of Agriculture kumher bhara...
Kodo Millet PPT made by Ghanshyam bairwa college of Agriculture kumher bhara...
 
Jamworks pilot and AI at Jisc (20/03/2024)
Jamworks pilot and AI at Jisc (20/03/2024)Jamworks pilot and AI at Jisc (20/03/2024)
Jamworks pilot and AI at Jisc (20/03/2024)
 
Salient Features of India constitution especially power and functions
Salient Features of India constitution especially power and functionsSalient Features of India constitution especially power and functions
Salient Features of India constitution especially power and functions
 
Plant propagation: Sexual and Asexual propapagation.pptx
Plant propagation: Sexual and Asexual propapagation.pptxPlant propagation: Sexual and Asexual propapagation.pptx
Plant propagation: Sexual and Asexual propapagation.pptx
 
UGC NET Paper 1 Mathematical Reasoning & Aptitude.pdf
UGC NET Paper 1 Mathematical Reasoning & Aptitude.pdfUGC NET Paper 1 Mathematical Reasoning & Aptitude.pdf
UGC NET Paper 1 Mathematical Reasoning & Aptitude.pdf
 
Google Gemini An AI Revolution in Education.pptx
Google Gemini An AI Revolution in Education.pptxGoogle Gemini An AI Revolution in Education.pptx
Google Gemini An AI Revolution in Education.pptx
 
Interdisciplinary_Insights_Data_Collection_Methods.pptx
Interdisciplinary_Insights_Data_Collection_Methods.pptxInterdisciplinary_Insights_Data_Collection_Methods.pptx
Interdisciplinary_Insights_Data_Collection_Methods.pptx
 
SOC 101 Demonstration of Learning Presentation
SOC 101 Demonstration of Learning PresentationSOC 101 Demonstration of Learning Presentation
SOC 101 Demonstration of Learning Presentation
 
HMCS Max Bernays Pre-Deployment Brief (May 2024).pptx
HMCS Max Bernays Pre-Deployment Brief (May 2024).pptxHMCS Max Bernays Pre-Deployment Brief (May 2024).pptx
HMCS Max Bernays Pre-Deployment Brief (May 2024).pptx
 
General Principles of Intellectual Property: Concepts of Intellectual Proper...
General Principles of Intellectual Property: Concepts of Intellectual  Proper...General Principles of Intellectual Property: Concepts of Intellectual  Proper...
General Principles of Intellectual Property: Concepts of Intellectual Proper...
 
How to setup Pycharm environment for Odoo 17.pptx
How to setup Pycharm environment for Odoo 17.pptxHow to setup Pycharm environment for Odoo 17.pptx
How to setup Pycharm environment for Odoo 17.pptx
 
FSB Advising Checklist - Orientation 2024
FSB Advising Checklist - Orientation 2024FSB Advising Checklist - Orientation 2024
FSB Advising Checklist - Orientation 2024
 

SARBANES-OXLEY PAPER5Sarbanes-Oxley PaperNa.docx

  • 1. SARBANES-OXLEY PAPER 5 Sarbanes-Oxley Paper Name University of Phoenix ACC/340 Professor: Richard Calabria June 20, 2011 Running head: SARBANES-OXLEY PAPER 1 Sarbanes-Oxley Paper The United States federal Sarbanes-Oxley Act was founded to improve the accuracy and reliability to ultimately protect investors. The Act is known as the Public Company Accounting Reform and Protection Act of 2002. The Act was signed into law on July 30, 2002. The Reason for Passage During the late 1990s and early parts of the year 2000 many acts of corruption in business world went on without a regulation to stop it. The Sarbanes-Oxley Act of 2002 (often
  • 2. shortened to SOX) is legislation enacted in response to the high-profile Enron and WorldCom financial scandals to protect shareholders and the general public from accounting errors and fraudulent practices in the enterprise (Spurzem, 2006). Following these scandals the President of the United States of America at the time President George Bush push for the act to be pass by the house and senate so he could sign it into law to protect investors. The act passed the House 423-3 and the Senate 99-0 and was promptly signed into the law by the president. Once passed the act has been view as the most extensive measure to attempt to improve business accounting regulations since the Security and Exchange Act of 1934. The ACT is a direct attempt to keep businesses from intentionally committing financial fraud and misleading their stockholders and investors. The ACT requires organizations to administer far-reaching corporate governing policies to anticipate and stop fraudulent activities with an organization and to react accordingly. The Sarbanes-Oxley Act is administered by the Securities and Exchange Commission, and gives clear guidelines on which organizational records need to be kept and for how long they must be kept. The enforcers of the act believe improving accuracy and reliability of corporate disclosures and financial reports given to investors in public companies improve protection. The Securities and Exchange Commission has established harsher civil and criminal penalties for violations of securities laws, and inflicted to be significantly longer jail sentences and larger fines for corporate executives who knowingly and willfully falsify financial statements. Sec. 802(a) "Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or
  • 3. both(United States Congress, 2002)." How has it affect Affected the Accounting Society The Sarbanes-Oxley Act required a Public Company Accounting Oversight Board to be established. The Public Accounting Oversight Board (PCAOB) is responsible establishing codes of ethics for financial reporting and the monitoring of accounting firms that audit public corporations. The PCAOB is a nonprofit corporation established by Congress to oversee the audits of public companies to protect the interests of investors and further the public interest in the preparation of informative, accurate, and independent audit reports (Johnson, 2011). Public accountants that provide services to public companies are required to be registered with the Public Company Accounting Oversight Board. Section 404 - Management Assessment of Internal Controls This section requires that the Chief Executive Officer (CEO) and the Chief Financial Officer (CFO) confirm the effectiveness of their company’s internal controls for financial reporting. Section 404 also specifies that each annual report of an issuer will contain an internal control report and that it will clearly list the responsibility of management for establishing and maintaining an adequate internal control structure, and will contain an assessment of the effectiveness of the internal control structure and procedures of the issuer for financial reporting (United States Congress, 2002). Conclusion In conclusion, the President signed the Sarbanes-Oxley Act into laws to reduce financial crimes and fraud committed by corporate insiders. These types of crimes are unacceptable, and are bad for business in the United States and in the world of business as a whole. Many investors’ life savings were destroyed by corporate insiders and if the ACT had been in place many investors would have been protected. With all the modifications and changes that are now enforced the business world is a much safer place when it comes to investing. Although the changes have drastically improved the process, I
  • 4. still believe there are more actions that can be taken to safeguard the investors. Even with regulations the heart of the plan lies in developing an ethical balance because all profits are not good especially when it is at the expense of unknowing investors that have their life savings invested. References Johnson, J. (2011). PCAOBOVERSEES. pcaobus.org/Pages/default.aspx United States. Congress (107th, 2nd session: 2002) (2002) Sarbanes-Oxley Act of 2002: conference report. Washington, D.C.: U.S. G.P.O. Spurzem, B. (2006). Sarbanes-Oxley Act (SOX). Retrieved from http://searchcio.techtarget.com/definition/Sarbanes-Oxley-Act