Verified Document

Sarbanes Oxley Act Term Paper

SOX The Sarbanes-Oxley Act (SOX) was passed in 2002 as a response to a wave of corporate accounting scandals. To measure the effectiveness of SOX over the past ten years, the objectives of the Act must be understood. The text of the Act states that its purpose is "to protect investors by improving the accuracy and reliability of corporate disclosures made pursuant to the securities laws, and for other purposes." The accounting scandals of the late 1990s and early 2000s had undermined public confidence in the U.S. securities system, because investors were beginning to feel that the information contained in the financial statements could not be trusted. Congress felt compelled to address this situation by passing Sarbanes-Oxley, which creates more legal controls over the financial statements, creates an enforcement body (the Public Company Accounting Oversight Board) and creates new safeguards.

Small (2011) examines the effectiveness of SOX in improving the quality of internal control reporting. The findings of this study are that the "majority of sample firms and their auditors fail to report existing control weaknesses and instead report that controls are effective." The author notes that internal control reports are useful for investors because they provide advanced warning of the likelihood of misstatements in the financial reports.

Hansen (n.d.), in a study of court cases involving SOX, found that the Act "does not lead to positive governance policies enforced in the courts." This points to an issue with the implementation of the Act, in particular with the ability of the Act to be enforced in the nation's legal system. If the Act is not enforced very well, that might explain Small's finding that companies are unwilling to implement the more stringent components of the law. While a reduction in major corporate accounting scandals since the passage of SOX is certainly beneficial and restores investor faith in the financial system, any law is only as good...

In practice, it remains a somewhat flawed piece of legislation. One way to improve SOX is to build in stronger enforcement mechanisms. Small's point about disclosing weakness is a good one, since many accounting frauds start out with a company unwilling to disclose its weaknesses -- Enron for example. If that culture still persists, then SOX has not done its job at improving the types of disclosures that investors rely on.
2.

One of the key provisions of SOX was the creation of the Public Companies Accounting Oversight Board (PCOAB). The PCOAB has jurisdiction over the auditing function at public companies, and creates standards for external auditors. This came about as the result of the failure of external auditors to correctly address issues of fraud. Conflicts of interest occurred because the external auditors would normally also have consulting relationship with their auditing clients. That the consulting business was more lucrative created an incentive to minimize the importance of the auditing function.

SOX and the PCAOB have restored the auditing function to its former role. External auditors may not have conflicts of interest with their auditing clients. The auditing role has therefore become far more important post-SOX than it was pre-SOX. The PCOAB is responsible for registering and inspecting auditing firms (Goelzer, 2004) and this function can create a higher level of investor confidence in the auditing system in general.

Auditing firms are now subject to considerably more oversight. The public accounting profession has also been strengthened by SOX. The removal of the conflict of interest with the consulting services allows for accountants and auditors to have the freedom to do their jobs without submitting to pressure from other parts of the company that want to keep clients…

Sources used in this document:
Works Cited:

Goelzer, D. (2004). The PCAOB and public companies. PCAOB. Retrieved November 20, 2012 from http://pcaobus.org/News/Speech/Pages/02252004_GoelzerPCAOBAndPublicCompanies.aspx

Hansen, C. (no date). Effective corporate governance: Sarbanes-Oxley in the courts. Carleton College Retrieved November 20, 2012 from http://people.carleton.edu/~amontero/Bridget%20Hansen.pdf

SEC.gov. (2002). Public Law 107-204 -- July 30, 2002

Small, R. (2011). How effective is internal control reporting under SOX 404? Harvard Law School Forum on Corporate Governance and Financial Regulation. Retrieved November 20, 2012 from http://blogs.law.harvard.edu/corpgov/2011/12/16/how-effective-is-internal-control-reporting-under-sox-404/
Cite this Document:
Copy Bibliography Citation

Related Documents

Sarbanes Oxley Act
Words: 861 Length: 3 Document Type: Research Paper

Sarbanes-Oxley Act The objective of this study is to read the guide to the Sarbanes-Oxley Act and to: (1) Evaluate the effectiveness of regulations such as Sarbanes-Oxley Act over minimizing the corporate fraud and protecting investors make one suggestion for improvement; (2) Given the oversight of the accounting profession by the PCAOB as a result of the Sarbanes-Oxley Act, assess the impact on auditing firms and the public accounting professions; (3)

Sarbanes Oxley Act
Words: 1312 Length: 5 Document Type: Term Paper

Sarbanes-Oxley Act The Impact Upon the Accounting Profession What it does The Effect of Sarbanes-Oxley on the Accounting Profession New Rules, New Practices The past few years have remarkably changed the face of American business. Corporate scandals involving America's largest companies have shaken the confidence and trust that the public once had in big business. The desire to boost earnings has led some executives to commit crimes, in order to fatten their own pockets, at

Sarbanes Oxley Act
Words: 629 Length: 2 Document Type: Term Paper

Sarbanes-Oxley Act -- it's a good thing In the wake of the horrible corporate scandals of recent years, including Enron and Arthur Anderson, it became readily apparent that some kind of regulation of ethics must be established. Indeed, any scandal in which large numbers of investors lose billions of dollars due to misconduct, is likely to bring action, and the Sarbanes-Oxley Act of 2002 is just that. However, although much is said

Sarbanes-Oxley Act
Words: 345 Length: 1 Document Type: Essay

Sarbanes-Oxley Act on Internet security systems As well as impacting accounting, the Sarbanes-Oxley Act also had a significant impact upon IT security: "Each organization that is affected by the Sarbanes-Oxley Act has some level of reliance on automated information systems to process and store the data that is the basis of financial reports. The Act requires these organizations to consider the IT security controls that are in place to promote the

Sarbanes Oxley Act
Words: 3245 Length: 10 Document Type: Term Paper

Sarbanes-Oxley Act While most Americans know the names Enron and Worldcom, fewer know the term Sarbanes-Oxley Act; however, despite the alarming impact of the two business disasters, the potential impact of Sarbanes-Oxley stands to exceed the impact of those two bankruptcies many times over. While Enron and Worldcom each held a claim to 'biggest' or 'most' in some aspect of global business and also in various aspects of global business disaster,

Sarbanes-Oxley Act SOA Was Put Into Law
Words: 1381 Length: 4 Document Type: Essay

Sarbanes-Oxley Act (SOA) was put into law in 2002 following the revelations that Enron (and Enron's accountancy Arthur Anderson), WorldCom, and other corporations were using blatantly corrupt practices in accounting and causing huge losses for stakeholders in those firms. Moreover, the U.S. Congress could not simply stand by and allow companies to use unethical and illegal practices to scam huge sums of money for corporate executives while stripping the IRAs

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now