Reviewer in Sarbanes-Oxley Act of 2002 Sought to regulate financial reporting and other
business practices at publicly traded companies
Sarbanes- Oxley Act of 2002 The FBI Created the 3 categories of Fraud Cracks down on corporate fraud. IT created the 1. Falsification of financial information Public Company Accounting Oversight Board 2. Self-dealing by corporate insiders (PCAOB) to oversee the accounting industry 3. Obstruction of justice Named after its sponsors, Senator Paul FBI established the Cooperative Fraud Initiative Sarbanes, D-Md., and Congressman Michael Yet despite this initiative, the 2008 annual Oxley, R-Ohio. It is also called SarbOx or SOX report of the Association of Certified Fraud It became law on July 30, 2002 Examiners estimated that fraud resulted in The act created strict new rules for accountants, losses of 7% for corporations on an annual basis auditors, and corporate officers and imposed or approximately $994 billion per year more stringent record-keeping requirements Why was the Sarbanes Oxley 2002? FOUR PRINCIPAL AREAS In the late 2001, people began to notice 1. Corporate responsibility some accounting irregularities with large 2. Increased criminal punishment publicly traded company. The company had 3. Accounting regulation national reputation for consistency in both 4. New protection good times and bad so it was considered a blue-chip stock. The name of this company Main Purpose is ENRON within weeks the stock went from The Act is designed to oversee the financial over 90 dollars a share to nearly worthless reporting landscape for finance professionals. The US Congress passed Sarbanes-Oxley Act Its purpose is to review legislative audit of 2002 on July 30 of that year to help requirements and to protect investors by protect investors from fraudulent financial improving the accuracy and reliability of reporting by corporation corporate disclosures It was passed due to the accounting Significantly tightens accountability standards scandals that resulted in billion of dollars in for directors and officers, auditors, security corporate and investor losses analysts, and legal counsel It was introduced by the US Senator- Paul To ensure that the corporate sector works with Sarbanes of Maryland and US Rep. Michael transparency and provides full disclosure of Oxley of Ohio, their intention was to create information as and when required a law which would restore the faith of By ensuring real time disclosure of information, investors back into Corporate America the adherence to guidelines of GAAP practices, Articles of Sarbanes-Oxley Act of 2002 full financial details being made available of all the transactions not mentioned in the balance Sarbanes-Oxley Act is arranged into 11 titles sheet Most important sections are often considered to be 302, 401, 404, 409, 802. What did it do? Listed under TITLE III of the act pertains to “Corporate Lawmakers created the legislation to help Responsibility for Financial Reports” protect shareholders, employees and the public from accounting errors and fraudulent financial Periodic Statutory Financial reports are to include practices certifications that: Improve the reliability of the public companies’ The signing officers has reviewed the report financial reporting as well as restore investor Does not contain any material untrue and confidence in the wake of high-profile cases of omission statements corporate crime Fairly represent the financial condition and the results A list of all deficiencies Any significant changes in internal controls that could have a negative impact
Listed under Title IV of the Act and pertains to
“Disclosure in Periodic Reports”
- Financial statements are published by issuers
are requires to be accurate and represented un a matter that does not contain incorrect statements
Listed under TITLE IV and pertains to “Management
Assessment of Internal Controls”
- Issuers are required to publish information in
their annual reports concerning the scope and adequacy of the internal control structure and procedures for financial reporting
Listed within TITLE IV and pertains to “Real Time Issuer
Disclosures”
- Issuers are required to disclose to the public
- Disclosures must be presented in terms that is easy to understand - Supported by trend and qualitative information of graphic presentations as appropriate
Listed Within the Title IV if the Act, and pertains to
“Criminal Penalties for Altering Documents”
- This section imposes penalties or fines and/or
up to 20 years imprisonment for altering, destroying, concealing, mutilating, falsifying records, documents or tangible objects with the intent to obstruct - 10 years on any accountant who knowingly and willfully violates the requirements of maintenance of all audit or review papers for a period of 5 years (Does not make sense)