by: Earl
Powers
Sarbanes Oxley Act falls under 'Corporate and Auditing
Accountability, Responsibility, and Transparency Act' or 'CAARTA' act
which was passed by the US Senate Banking Committee with the support of
President Bush. This act was passed to strengthen corporate governance
and improve investor confidence. Sarbanes Oxley Act ensured the accuracy
and reliability of disclosures from the corporate world. This came into
force to avoid any financial scandals from corporate giants.
Sarbanes Oxley Act is more often known as SOX or Sarbox
but is actually officially termed as Public Company Accounting Reform
and Investor Protection Act of 2002. It is the single most important
piece of legislation that affects the corporate governance, financial
disclosures and the practice of public accounting. Sarbanes Oxley Act
prevents the large corporate giants to commit and financial frauds. This
act also punished such corporate that showcase irregularities in their
financial accountings. After the Sarbanes Oxley Act came into affect is
strengthened investor confidence as this law bring the defaulters to
justice and protects the interest of workers and shareholders.
According the Sarbanes Oxley Act the large companies need
to meet the financial reporting and certification mandates for any year
end financial statements. This act is organized into 11 titles but in
actual case only subset of these titles relate to the compliance to the
complete law.
Sarbanes Oxley Act established new standards for corporate
boards and audit committees. This law implements criminal penalties on
large corporate companies for defaulting and sets new accountability
standards. Sarbanes Oxley Act gives more freedom the external auditors
to set new standards of governance. This act also issues accounting
standards and oversees public accounting firms.
With the increase of regulatory norms, more and more
companies are coming under the scrutiny of Federal government. Those
companies that specially obtain lists and store personal information
come under special scrutiny of Sarbanes Oxley Act. Lately, there had
been review stating that Sarbanes Oxley Act has been too stringent on
the companies. The most talked about section of the Sarbanes Oxley Act
is the Section 404 which seeks to enhance reliability of internals
controls over financial reporting. These tightened internal control
implemented as a result of Sarbanes Oxley Act has lead strains on
companies as well as the accounting firms.
A proper regulatory framework with more stringent rules
and a company with proper internal regulatory body delivers the most
accurate and transparent financial reporting. This law is administered
by Securities and Exchange Commission. This body sets rules and
deadlines for the compliance and published rules on the requirements.
The three rules of Sarbanes Oxley Act regulate the
management of electronic records. The first rule refers to the
falsification, destruction and alteration of records. The second rule
states the retention of records by any company so as to how long the
records should be stored. The third rule refers to the type of business
records that need to be stored.
A total comprehensive study of the Sarbanes Oxley Act and
its implementation by the corporate bodies deliver the most transparent
and factual financial records for the company.