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.…
To: Professor Holborn From: Julion Price Re: Does the destruction of grouper that is more than 20 inches violate the Sarbanes-Oxley Act? Date: December 3, 2014 FACTS In 2007, defendant John L. Yates set out with his crew to go fishing in the Gulf of Mexico. A few days later, Officer Jones boarded their ship and examined the fish they were catching. He noticed that 72 of the fish were smaller than 20 inches.…
SOX has its pro’s and con’s. Some claimed that it imposes tremendous new efforts and costs on public companies. On the contrary, others find it as more advantageous. However, if pros outweigh the cons that a company can get, then perhaps it is worth to comply the said law. As discussed in this article, SOX had led to greater internal control of financial reporting, and had increased the expertise and independence among more-focused executives in the organizations.…
The current legislation of the Dodd-Frank Wall Street Reform and Consumer Protection Act consists of multi-layered regulations for financial stability of institutions, consumer protection, oversight protocols, and liquidation authorities (U.S. Securities and Exchange Commission, 2017). Embedded in this lengthy reform act are conditions for transfers of power and amendment rights that basically give the authorized entities the empowerment to shape certain attributes of the financial system if it is found necessary to assure that misconduct or criminal actions are not being utilized on unwary consumers. The Dodd-Frank Act also retains authority over nonfinancial institutions, which is one of the main issues that have business owners in a frenzy to have portions of the Act abolished. In Section 172 of the Dodd-Frank Act this concept is realized through the Orderly Liquidation Purposes which specifies that nonfinancial institutions can be subject to examination by the authorized entities in the Dodd-Frank Act (U.S. Securites and Exchange Commission, 2017). In essence, nonfinancial institutions may be ordered to turn…
Student Name Hand-In Assignment 3 1. Using the course materials and online resources, explain the difference between the Sarbanes-Oxley Act and the Dodd-Frank Act. What does each act hope to achieve? The Sarbanes-Oxley Act set new and expanded current requirements for public company boards, management and public accounting.…
Trinity Industries is a successful and properly operating company who never had to restate their earning from previous years. However, Don Collum VP of Trinity Industries, had described the company in 2003 as a candidate for material weakness as defined by Sarbanes-Oxley Act (SOX). The company was deficient in internal control process in the area of documentation and evidence that controls had been performed which could lead to material weakness. Sarbanes-Oxley (SOX) was created in 2002 because of all the accounting fraud that were being reported from publicly held companies. SOX job is to protect investors by preventing financial statement fraud, strengthen internal control, and punishing executives for fraud.…
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…
In most states, the law assumes that private sector workers are hired "at-will. The employment-at-will doctrine provides that mutually the boss and the employee can end the service relationship at any time minus notification or cause. Such means the manager has the mandate to dismiss the employee any time for any reason or no reason at all or a bad motive, provided the reason is not unlawful - even if one’s performance has been exceptional (Muhl, 2001). On the other hand, an employee can resign from a job for any reason any time. He or she cannot be forced to work for the boss.…
The Dodd-Frank act has defined the American financial system since 2010. The law was passed by Congress in order to increase accountability and regulation for banks, financial intermediaries, and market exchanges. The bill has been highly disputed across the United States, with critics saying the law either goes too far or doesn’t go far enough. Many deadlines for implementation of additional parts of the law have been missed (Liu) and as of recently a repeal bill has been passed through Congress. (Cox)…
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.…
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…
The 2008 financial crisis, which left millions of Americans unemployed and ultimately resulted in trillions of dollars in lost wealth, forced congress to pass the Dodd – Frank Wall Street reform and Consumer Protection Act in 2010. The Dodd-Frank Act implemented government regulations on the financial industry. The act also protected whistle-blowers from retaliation by employers up to and including termination and discrimination. (U.S. Securities and Exchange…
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…
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.…
Hizmete Özel / Confidential Hizmete Özel / Confidential MGMT 512: Corporate Governance Sultan Orman: 0055134 Corporate Failure: Toshiba Accounting Scandal (2015) Summary of the Case: Everything began with the results of an independent report created by a committee of people consisting of independent accountants and lawyers in July 2015. The CEO of one of the leading companies in electronics and technology sector, Toshiba from Japan, announced that he is resigning of his position due to mis-reporting –over-reporting – the profits of the company for the last seven years (between 2008 and 2014).…