Professional Documents
Culture Documents
2002
PRESENTED BY GAURAV
SINGH
BCOM HONS (6TH SEM)
SARBANES-OXLEY
ACT 2002
01 nick name(s) = sarbane-oxley , sarbox , sox
02
passed the house on April 24 , 2002 votes 334 - 90
passed the senate on July 15 , 2002
The sox act strengthen the corporate governance practices by imposing stricter regulation and requirement
on publicly traded companies , their executives and auditors.
BACKGROUND
This act come into existence due to high profile corporate scandals like ENRON ,
WORLDCOM and TYCO INTERNATIONAL during the period 2000s.
act
Section 302 -
Section 404 -
CEO and CFO
Internal Control
certification
Section 802 -
Criminal penalties
SECTION 302
CEO AND CFO responsibilities : obligation to certify the accuracy , completeness and fairness of
financial statement , as well as effectiveness of internal control.
CERTIFICATION requirement : need to provide written certifications accompanying each periodic return
filed with the SEC.
Implication for Non – Compliance: There is potential civil and criminal penalties , reputational damage
and loss of investor trust.
SECTION 404
SEC 404 of SOX mandates the public company establish and maintain effective internal control over
financial reporting.
Specifically it requires management to assess the effectiveness of internal control and provide an annual
report on their assessment , including the company’s auditor’s attestation.
It aims to enhance transparency and accountability in financial reporting ,restore investor confidence , and
reduce the risk of financial misstatements or irregularities.
SECTION 802
SEC 802 of SOX imposes severe penalties for tampering with or altering documents related to financial
reporting. It prohibits knowingly altering , destroying , concealing , or falsifying records , documents or
tangible objects with the intent to obstruct , influence , or impede any official proceeding or investigation.
Violation of SEC 802 can result in criminal prosecution , including fine and imprisonment for individual
find guilty of such offense.
Additionally , It prohibits the retaliation against whistleblowers who report violation of SOX.
COMPLIANCE
CHALLENGES
SOX act present several challenges specially to SMEs