The Sarbanes-Oxley Act

Great Essays
Chapter 3: Sarbanes-Oxley Act of 2002
3.1 Introduction
The bankruptcy of the one of the best companies in the United States, Enron, resulted in big shock and decrease in the public confidence. After Enron, to improve the public confidence of the United States people and the rest of the world, and also to strengthen weaknesses in the accounting profession, there had to be something done. The introduction of the Sarbanes-Oxley Act was then the key to address all these matters. Passing of Sarbanes-Oxley Act was important in setting the foundation for some accounting principles and filling the gaps shown by the Enron scandal and other accounting scandals, including WorldCom, in the accounting profession.

3.2 Sarbanes-Oxley Act of 2002 Background
…show more content…
The introduction of Sarbanes-Oxley Act had to correct the systemic weaknesses in the governance of corporate structure and boost the public confidence. These were seen as the most important goals that the Act had to achieve. The following were some of the important objectives of Sarbanes-Oxley:
• Improving the accounting oversight
• Strengthening the auditor independence
• Demanding increased transparency in financial matters of the company
• eradicating analysts’ conflicts of interests, and
• Demanding more accountability from corporate official

3.3 Auditor’s incentives and Independence
Many of the weaknesses, that were not discovered prior the Enron bankruptcy, in auditing the company’s financial statements were pointed out after Enron scandal. According to Ribstein and Larry (2002, p. 5) the major issues that caused the auditing of Enron financial statements not to be efficient
…show more content…
• Insufficient evaluation of accounting firm’s work by the client company’s audit committees.
• Insufficient industry examination of accounting firm’s work, and
• Excessively sloppy accounting standards.
Every companies’ (excluding non-profit organisations) intention is to make profit, same goes for accounting firms. No matter how big the size of the accounting firm, the firm may have incentives to overlook any non-compliance by the client from which its makes material fees for non-audits work and consulting.
In response to these issues mentioned above and lack of auditors’ independence, Sarbanes-Oxley Act (s 201,), stated that it is unlawful for accounting firms to perform both the audits and any non-audit work for the same client. The Act (Sarbanes-Oxley Acts s 201 (a) 2002) listed the following as the non-audits services that should not be performed together with the audit by the accounting firm to the same client.
• Actuarial services
• Internal audits outsourcing servicing
• Designing and implementing the financial information system
• Valuation and appraisal services
• Experts and legal services that are not related to the

Related Documents

  • Improved Essays

    1. Why did Congress enact the Sarbanes-Oxley Act? What are the major provisions and benefits of the Act? Congress enacted the Sarbanes-Oxley Act in order to protect investors. This was done by improving the accuracy and reliability of corporate disclosures made by in accordance with the securities laws.…

    • 1002 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Sarbanes-Oxley Act, Section 301: Public Company Audit Committees, is created to address systemic and structural weaknesses that affecting the US capital markets due to failures of audit effectiveness and corporate financial responsibility that could potentially “threatened the reputation of those markets for integrity (Tsacoumis, S, Bess, S, and Sappington, A, 2003).” Section 301 provided appropriate regulatory authority of the audit committee the power to overseeing the accounting and financial reporting processes of the issues and financial reporting processes of the issuer and audits of the financial statements of the issuer (Public Law, 2002). Under SOX, audit committees shall be members of the board of directors of the issuer and must…

    • 319 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Several different guidelines have been put in place to insure that financial reporting is done correctly and accurately. International Financial Reporting Standards or IFRS guidelines where adopted to insure that all companies gather and disclose their information in the same manner. In response to the Enron bankruptcy in late 2001 Sarbanes Oxley Act (SOX) was enacted. SOX reformed; the auditing and accounting procedure which included internal controls and checks and balances, brought into focus oversight responsibility of corporate director and officers making it mandatory to disclose bonuses and special considerations, addressed conflicts of interest and required the chief executives to certify tax documents and financial statements. Where SOX created standard checks and balances with strong auditing/accounting procedures as well as made penalties for fraudulent activates the SEC required disclosure obligations.…

    • 860 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    In 1992, while the COSO model was put in place, its real claim to fame came from the subsequent release of the Sarbanes-Oxley Act of 2004. COSO became the most widely used control framework used in managements’ assessment of the internal control environment during this time. However, that is not the model’s sole purpose, as the COSO model is relevant to all companies and institutions when establishing a concrete internal control…

    • 72 Words
    • 1 Pages
    Decent Essays
  • Superior Essays

    Dodd Frank Act

    • 1003 Words
    • 5 Pages

    In short, Sarbanes Oxley forces institutions to operate their daily financial activities in the most soundness and prudent matter. With this, audits are delivered as transparent as possible and discrepancy diminishes more. This summarize that financial institution should always operate their audit fairly and with no discrepancy whatsoever. It also force executive to be vigilant as to how the organization is being run and if internal control are being follow appropriately. The effects of these two reforms can be view differently.…

    • 1003 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Pros And Cons Of Sox

    • 616 Words
    • 3 Pages

    The Sarbanes-Oxley Act of 2002 also called SOX or Sarbox is a law that aims to deter and prevent future accounting fraud, increase confidence in public company financial reporting and to protect stockholders. Although the regulations of this Act are not perfect and are the cause of many controversies whether this Act had a positive impact in American business or not, it led to changes in the corporate culture in the United States and abroad. Also known as the 'Public Company Accounting Reform and Investor Protection Act' (in the Senate) and 'Corporate and Auditing Accountability and Responsibility Act' (in the House) and more commonly called Sarbanes–Oxley, Sarbox or SOX became a law on July 30, 2002 as a reaction to Enron and WorldCom-type accounting scandals. The most important part of this Act is that it provides a new nonprofit company responsible for the inspection and sanction of audit firms; this is "the Public Company Accounting Oversight Board”. SOX led to a greater internal control of financial information, and an increase of independence among the boards, committees, and directors.…

    • 616 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    The Sarbanes-Oxley Act(SOX), This reform was approved to help regulate the financial reporting and audit quality and it needs to be performed by an independent auditor or…

    • 1110 Words
    • 4 Pages
    Superior Essays
  • Improved Essays

    The Sarbanes-Oxley Act

    • 884 Words
    • 4 Pages

    It is the most contentious aspect of the bill, where it requires management and the external auditor to report on the adequacy of the company’s internal control on financial reporting (Wang, 2008). One of the issues Chowdhury (2007) raised, about the cost-effectiveness of the bill, is posed in this section as this is the most costly aspect of the legislation for companies to implement. To help ease the high costs of compliance, practice and guidance have evolved to accommodate some of the expensive costs of the Act. The Public Company Accounting Oversight Board approved a couple standards for public accounting firms in the year 2007 to help alleviate these problems. Some of the things that the two standards together would require management to do is to assess both the design and operating effectiveness of selected internal control related to significant accounts and relevant assertions, perform a fraud risk assessment, scale the assessment based on the size and complexity of the company, as well as other steps in this process to conclude on the adequacy of internal control over financial reporting (Virag,…

    • 884 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    In 2002, the Sarbanes-Oxley (SOX) Act was passed by congress and signed into law by President George W. Bush. SOX was written as a response to several major accounting scandals that occurred at large companies (including Enron, WorldCom, and Tyco) in the early 2000’s. These scandals forced capital providers and the general public to question the judgement of public accounting firms as well as at the overall reliability of the financial reporting and audit process. The requirements included in SOX were designed to improve audit quality, increase the reliability of financial reporting, bolster corporate governance, and re-establish public and investor confidence in the financial reporting process. Some of the most impactful aspects of the Act…

    • 727 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Crazy Eddie Case Analysis

    • 1384 Words
    • 6 Pages

    It is often argued that this practice impairs an accountant/auditor’s independence. For this reason, the Sarbanes-Oxley Act of 2002 imposed a one year cooling-off period before publicly held companies may hire former auditors as employees of key positions. (Wright & Booker, 2005) The purpose of the cooling off period is to ensure the former auditor can maintain his or her independence. Public companies try to hire their former auditors in hopes of increasing investors’ confidence.…

    • 1384 Words
    • 6 Pages
    Improved Essays
  • Great Essays

    First, during an audit, an auditor should ensure that they obtain the appropriate assurance to tackle the audit risk. Many people assume that the information gathered from the third party is more reliable than the evidence collected by the audited company. However, in the case study, the company had already colluded with its suppliers to provide false information to the audit team, and this jeopardized the review process. Therefore, it is advisable for an auditor to ensure that they maintain a professional skepticism by considering previous audit reports and the relationship between the audit client and the third party. Consequently, over-reliance on a third party during an auditing process, although proven to be efficient since it is free from adjustment or influence by the client audit.…

    • 1475 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    External Audit Analysis

    • 1081 Words
    • 4 Pages

    “The understanding of internal controls required of CPAs to express an opinion on financial statements is not adequate for them to offer an opinion on the controls themselves. This will mean auditors have to make changes to their audit process” (McConnell, Banks, 2003) in addition to having implications on the process that auditors have to follow Sarbanes-Oxley Oxley section 201 sets out that there are certain activities that the external auditors cannot perform promises to aid in the separation of the external auditors in the work that they are reviewing. “Prohibited activities… To provide to the issuer, contemporary mania sleep with audit any non-audit services including – (1) bookkeeping or other service related to the accounting records or financial statements of the audit client; (2) financial information systems design and implementations ;(3) appraisal or valuation services fairness opinions or contributions and kind reports…” (Sarbanes- Oxley, § 201 (g &H)) this is just a short excerpt showing the increased requirements for separation of the independent auditors.…

    • 1081 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Enron Scandal Summary

    • 808 Words
    • 4 Pages

    Ian D Johnson Jb Henriksen Accounting 2600 11/1/17 Case Presentation: Enron Scandal Before the scandal that Enron is widely known for today, they were an up and coming American energy company led by CEO Kenneth Lay. In 1985, Lay helped to merge two natural gas companies known as Houston Natural gas and InterNorth to form Enron. Soon after, Congress approved legislation that deregulated the sale of natural gas, allowing companies to use the free market to sell energy. The company became a national middle man for the electricity for the newly deregulated states. This allowed Enron to sell energy at higher prices, increasing its revenue.…

    • 808 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Enron Case Introduction After watching the video “Enron: The Smartest Guys in the Room”, (Youtube), several issues came into light. It is known that Enron has been the seventh largest company to declare the bankruptcy in the year 2001. The reasons of their bankruptcy were becoming clear as many investors lost millions of dollars, due to which the lawmakers sought to enact some legislation so that these activities could be prevented. Obviously the smartest people from Enron had entered various questionable transaction with the customers and different entities.…

    • 1057 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The measure of the success of any business corporation undoubtedly indicates its economic performance. However, in order to achieve outstanding performance in the long term, the corporation ought to make the best use of the experience and talent of the entire personnel. It should always guard its upright reputation as an employer, supplier of services and goods, citizen and buyer of the countries and regions of its operation (Allaire & Rousseau 2014). Directors of any corporation have a role to act in the top interest of the corporation which includes the responsibility to assess, equitably and fairly, the impacts of the company’s decisions and actions on its stakeholders. A public accounting firm’s ethical environment also plays a very special…

    • 976 Words
    • 4 Pages
    Improved Essays