Sarbanes-Oxley Act

Definition

The Sarbanes-Oxley Act (SOX) is a federal law enacted in 2002 that sets standards for the accounting practices and financial reporting of public companies in the United States. It was introduced in response to high-profile corporate scandals to enhance corporate governance and restore public trust in the financial markets.

5 Must Know Facts For Your Next Test

1. The Sarbanes-Oxley Act was enacted in response to high-profile corporate scandals, such as Enron and WorldCom, to restore public confidence in the financial markets.
2. SOX requires public companies to establish and maintain effective internal controls over financial reporting, with management and auditors responsible for assessing the effectiveness of these controls.
3. The Act mandates that the CEO and CFO of a public company personally certify the accuracy of the company's financial reports, increasing their accountability.
4. SOX establishes new standards for auditor independence, requiring the rotation of audit partners and prohibiting auditors from providing certain non-audit services to their clients.
5. The Act created the Public Company Accounting Oversight Board (PCAOB) to oversee the auditing of public companies and enforce compliance with SOX requirements.

Review Questions

• Explain how the Sarbanes-Oxley Act aims to improve corporate governance and financial reporting in public companies.
  • The Sarbanes-Oxley Act was enacted to enhance corporate governance and restore public trust in the financial markets after high-profile corporate scandals. It does this by mandating that public companies establish and maintain effective internal controls over financial reporting, with management and auditors responsible for assessing the effectiveness of these controls. The Act also requires the CEO and CFO to personally certify the accuracy of the company's financial reports, increasing their accountability. Additionally, SOX establishes new standards for auditor independence, creating the Public Company Accounting Oversight Board (PCAOB) to oversee the auditing of public companies and enforce compliance with SOX requirements.
• Analyze the key provisions of the Sarbanes-Oxley Act and how they aim to prevent future corporate scandals and improve financial transparency.
  • The Sarbanes-Oxley Act includes several key provisions designed to prevent future corporate scandals and improve financial transparency. First, it requires public companies to establish and maintain effective internal controls over financial reporting, with management and auditors responsible for assessing the effectiveness of these controls. This helps to ensure the reliability and accuracy of financial reporting. Second, the Act mandates that the CEO and CFO personally certify the accuracy of the company's financial reports, increasing their accountability. Third, SOX establishes new standards for auditor independence, prohibiting auditors from providing certain non-audit services to their clients and creating the PCAOB to oversee the auditing of public companies. These measures aim to enhance the objectivity and reliability of financial audits. Finally, the Act created new criminal penalties for corporate fraud, further incentivizing companies to maintain strong internal controls and accurate financial reporting.
• Evaluate the long-term impact of the Sarbanes-Oxley Act on corporate governance and financial reporting practices in the United States.
  • The Sarbanes-Oxley Act has had a significant and lasting impact on corporate governance and financial reporting practices in the United States. By mandating the establishment of effective internal controls, increasing executive accountability, and enhancing auditor independence, the Act has helped to restore public confidence in the financial markets and prevent future corporate scandals. The creation of the PCAOB has also improved the oversight and enforcement of financial reporting requirements, leading to more transparent and reliable financial information. While the implementation of SOX has been costly for public companies, the long-term benefits of improved corporate governance and financial integrity have outweighed the short-term compliance burdens. Overall, the Sarbanes-Oxley Act has had a transformative effect on the way public companies in the U.S. approach financial reporting and corporate accountability, setting a new standard for ethical and transparent business practices.

Related terms

Corporate Governance:

The system of rules, practices, and processes by which a company is directed and controlled, including the relationships among the management, board of directors, shareholders, and other stakeholders.

Internal Controls: The policies, procedures, and activities put in place by an organization to ensure the reliability of financial reporting, the effectiveness and efficiency of operations, and compliance with applicable laws and regulations.

Financial Reporting: The process of providing information about a company's financial performance, position, and cash flows to internal and external stakeholders, such as investors, creditors, and regulators.