Friday, October 18, 2019
How SOX (SarbanesOxley Act of 2002) affects corporate governance and Research Paper
How SOX (SarbanesOxley Act of 2002) affects corporate governance and what additional improvements need to be added to SOX to improve corporate governance - Research Paper Example Oxley, thus the actââ¬â¢s nomenclature, and enacted on July 30, the act aimed to regulate and control the corporate and accounting sectors, particularly in the public company boards of management, and the management and public accounting companies (Shakespeare 333). The act goes by several names, considering its purpose. The act was referred to as the Corporate and Auditing Accountability and Responsibility Act when in the house, whereas in the Senate is as per the Public Company Accounting Reform and Investor Protection Act. The SOX (also Sabox) was proposed as an act that would protect investors by ensuring improvements in the corporate disclosures precision and trustworthiness for among other purposes pursuing the securities market and laws. The outcome of the act is sections that dictate the responsibilities expected of a public corporation board of directors, the criminal consequences to various misconduct, and creation of regulations by the Securities Exchange Commission (SEC) on the compliance of public corporations to the actââ¬â¢s laws. The laws of the act are encased in eleven titles under the elements which include the Corporate Responsibility, Public Company Accounting Oversight Board (PCAOB), Corporate and Criminal Fraud Account ability, Auditor Independence, White Collar Crime Penalty Enhancement, Enhanced Financial Disclosures, Studies and Reports, Analyst Conflicts of Interest, Commission Resources and Authority, Corporate Tax Returns, and Corporate Fraud Accountability. The section covers the legal provisions which include disclosure controls (302), Improper influence on conduct of audits (303), disclosures in periodic reports also termed as Off-balance sheet items (401), Smaller public companies (404), criminal penalties for influencing US Agency investigation/proper administration (802), criminal Penalties for CEO/CFO financial statement certification (906), and criminal penalties for retaliation against
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