Wednesday, September 3, 2008

Who's got my SOX?


As I was discussing business with someone today, we touched on the Sarbanes-Oxley act. I found the whole history kinda fascinating, especially since many organizations still have woefully inadequate controls in place on largely antiquated processes and violate this act daily with impunity. It's a leadership challenge that could end with jail-time for the uninformed leader. Be cognizant of your responsibilities under this act or it could come back to haunt you.


The information and links below are from our friends at Wikipedia:

The Sarbanes-Oxley Act of 2002 (Pub.L. 107-204, 116 Stat. 745, enacted 2002-07-30), also known as the Public Company Accounting Reform and Investor Protection Act of 2002 and commonly called SOX or Sarbox; is a United States federal law 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. These scandals, which cost investors billions of dollars when the share prices of the affected companies collapsed, shook public confidence in the nation's securities markets. Named after sponsors Senator Paul Sarbanes (D-MD) and Representative Michael G. Oxley (R-OH), the Act was approved by the House by a vote of 423-3 and by the Senate 99-0. President George W. Bush signed it into law, stating it included "the most far-reaching reforms of American business practices since the time of Franklin D. Roosevelt."[1]


The legislation establishes new or enhanced standards for all U.S. public company boards, management, and public accounting firms. It does not apply to privately held companies. The Act contains 11 titles, or sections, ranging from additional Corporate Board responsibilities to criminal penalties, and requires the Securities and Exchange Commission (SEC) to implement rulings on requirements to comply with the new law. Debate continues over the perceived benefits and costs of SOX. Supporters contend that the legislation was necessary and has played a useful role in restoring public confidence in the nation's capital markets by, among other things, strengthening corporate accounting controls. Opponents of the bill claim that it has reduced America's international competitive edge against foreign financial service providers, claiming that SOX has introduced an overly complex and regulatory environment into U.S. financial markets.[2]


The Act establishes a new quasi-public agency, the Public Company Accounting Oversight Board, or PCAOB, which is charged with overseeing, regulating, inspecting, and disciplining accounting firms in their roles as auditors of public companies. The Act also covers issues such as auditor independence, corporate governance, internal control assessment, and enhanced financial disclosure.

4 comments:

Just Peter said...

Fascinating!

Anonymous said...

Good riddance you pompous boor. I hope you and Speeeeesh have a wonder life together. The anonnymous monkey still works here and you don't! Maybe you can get a job sweeping floors at your beloved West Point.

Joe Pollhein, Sr. said...

I opted to post the inane comment of the anonymous coward who cannot even spell the word (or bore, or "wonderful"...)so you, dear readers, can see the caliber of coward that posts anonymously to the blog. Please feel free, oh brainy anonymous one, to continue to delight my readers with your vast intellect.

Joe Pollhein, Sr. said...

The anonymous coward is really sad. Won't identify himself to me for a face to face....discussion....That's just how cowards are. He won't ever identify himself because he's afraid. Afraid. Scared. Chicken. Wimp. Coward. all that's coveted in his meager and scared existence...
Do you dare reveal yourself, coward?