The Sarbanes-Oxley Act of 2002 contains 11 titles which are as follows:
Public Company Accounting Oversight Board: contains nine sections which provide an oversight of an accounting firm (publicly traded) which offers auditing services.
Auditor Independence: consists of nine sections under which standards for external auditor independence are established to limit the conflicts of interest. The auditing firms are restricted to offer non-audit services for the same client.
Corporate Social Responsibility: contains eight sections. Under this title, it is mandatory that the senior executives should take responsibility for the accuracy and completeness of the financial reports. Corporate social responsibility limits the behavior of the corporate officers to ensure compliance of rules and regulations within the organization.
Enhanced Financial Disclosure: consists of nine sections, which describe improved reporting requirements for financial transactions.
Analysts Conflict of Interest: contains only one section, which defines the code of conduct for securities analysts along with the disclosure of possible conflict of interest.
Commission Resources and Authority: comprises four sections, which define the practices that can restore the confidence of investors in securities analysis.
Studies and Reports: consists of five sections, including requirements to perform various studies along with reporting of their findings.
Corporate and Criminal Fraud Accountability: contains seven sections, which define the criminal penalties for the manipulation or any alteration of the financial records.
White-Collar Crime Penalty Enhancement: consists of six sections, which define the extended crime penalties for white-collar crime and conspiracies.
Corporate Tax Return: contains only one section, which states that the CEO should sign the corporate tax return.
Corporate Fraud and Accountability: contains seven sections, which help in the identification of fraud and criminal offenses and decide appropriate penalties.
Major Provisions of Sarbanes-Oxley Act of 2002
The Sarbanes-Oxley Act is very complex and lengthy. But the main provisions are detailed in the following sections:
Section 302 of the Sarbanes-Oxley Act of 2002: This section mandates the corporate officers to certify that the companyâ€™s financial statements are prepared in compliance with SEC disclosure requirements and present all the material information accurately. Penalties can be imposed if the senior corporate officer knowingly signs an inaccurate financial statement.
Section 404 of the Sarbanes-Oxley Act of 2002: It forces the management to establish effective internal control and reporting mechanisms within the organization. However, this section has been criticized due to the negative impact on publicly traded companies because establishing such internal control is often expensive.
Section 802 of the Sarbanes-Oxley Act of 2002: The section 802 contains three rules related to record keeping which are as follows:
The first rule deals with the falsification and destruction of records.
The next rule deals with retention period for storing records.
The last rule specifies the business records that should be maintained, including electronic communications.
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