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The Legal, Ethical, and Technological Concerns Paper
As technology progresses it can truly change how a business operates in terms of accounting and financial reporting. Online software has become a widely used system by many businesses around the globe. Financial reporting is essential to any business especially when seeking for potential investors or stakeholders. The reason being is because a financial report contains all of the records of how a business is performing financial wise. Likewise there are purposes of securities regulations and the main one is to disclose any schemes.
Mallor, Barnes, Bowers & Langvardt (2012) stated the following:
In the early 1930s Congress passed two major statues, which are the hub of federal securities regulation in the United States today. These two statues, the Securities Act of 1933 and the Securities Exchange Act of 1934 have three basic purposes
1. To require the disclosure of meaningful information about a security and its issuer to allow investors to make intelligent investment decisions.
2. To impose liability on those persons who make inadequate and erroneous disclosure of information.
3. To regulate insiders, professional sellers of securities, securities exchange, and other self-regulatory securities organizations (pg. 1140).
Additionally, today’s society is filled with legal and ethical concerns that surround numerous individuals and their responsibility is to keep all information private and accurate. Furthermore, accounting and financial reporting is the most significant function of a business and entails a great sense of legal, ethical and technological concern.
Legal Concerns
The securities Act of 1933 has basic objectives, to require investors to receive financial and o...
... middle of paper ...
...d to raise concern on who they are hiring to take charge on the whole aspect of accounting and financial reporting.
Conclusion
In conclusion, the importance of maintaining a safe and private work environment is the key to a successful business. When dealing with accounting and financial reporting the company must be honest, ethical and concise to avoid any type of legal consequences and bad reputation.
Works Cited
Federal Securities Laws. (n.d.). SEC.gov. Retrieved April 26, 2014, from https://www.sec.gov/about/laws.shtml Mallor, J. P., Barnes, A. J., Bowers, L. T., & Langvardt, A. W. (2013). Business law: The ethical,global and e-ommerce environment (15th ed.). Boston: McGraw-Hill/Irwin.
Sarbanes-Oxley Act Of 2002 (SOX) Definition Investopedia. (n.d.). Investopedia. Retrieved
April 26, 2014, from http://www.investopedia.com/terms/s/sarbanesoxleyact.asp
The 1933 Banking Act, also known as the Glass-Steagall Act in reference to the legislation’s sponsors Carter Glass and Henry B. Steagall, was a statue enacted by the 73rd United States Congress which created the Federal Deposit Insurance Corporation (FDIC) and separated investment banking from commercial banking. The act established clear delimitations between commercial and investment banks, and made it illegal for them to operate in conjunction. Federal Reserve member banks were banned from dealing in non-governmental securities for customers, underwriting or distributing non-governmental securities, investing in non-investment grade securities for themselves, and affiliating with companies involved in such activities. Concurrently, investment banks were prohibited from accepting deposits.
Ethics plays a vital role in developing accurate and high quality financial statements for management, financial institutions, and investors. As management utilizes financial statements to make decisions regarding the operations of the business, it is necessary to review accurate financial statements to make strategic decisions about the future of the organization. Investors and financial institutions require accurate financial statements to make informed decisions upon whether to invest funds into the organization or the wisdom of lending funds to said organization.
In October of 1929, the American economy took a huge hit from the stock market crash. Since so much people had invested their money and time in the banks, when the banks closed many had lost all of their money and were in the deep poverty. Because of this, one of my first actions of the New Deal was the Federal Deposit Insurance Corporation (FDIC). Every bank in the United States had to abide by this rule. This banking program I launched not only ensured the safety and protection of deposits made my users of banks, but had also restored America’s faith in banks, causing people to once again use banks which contributed in enriching the economy. Another legislation I was determined to get passed...
repugnancy standard when determining whether antitrust laws are implicitly repealed in specific aspects of the financial industry*. The Gordon Supreme Court expanded the set of circumstances of implied immunity from antitrust laws.
Presently after the accident certain change demonstrations must be set up to again settle the business sector. One of the strides that was taken was the setting up of the Securities and Exchange Commission or the SEC. The part of this establishment was to set out the business sector administers and rebuff if there should be an occurrence of any infringement of the laws. An Act called the Glass-Stegall Act was passed. This demonstration told that the business and the venture banks could no more have any relationship between them. In any case, as the time passed the government guidelines and the Glass-Stegall standard have changed all things considered. The other change that was presented was the foundation of the Federal store Insurance Corporation or the FDIC. This was intended to see that every single individual ledger was guaranteed up to $100000. (The 1929
...zations need somebody outside the company, constantly asking good questions in order to avoid ethical situations. Another important duty for board members is to have understanding of director’s activities to avoid conflict of interest. The main area of concern is investigating reports of ethical misconduct by directors. These investigations can be serious affairs requiring thoroughness and tact. Even if initial incidents appear to be frivolous, investigations can uncover serious ethical lapses. The board can have external investigators under corporate governance program to investigate all reports and conduct of directors.
According to the conceptual framework, the potential users of financial statements are investors, creditors, suppliers, employees, customers, governments and agencies, and the general public (Financial Accounting Standards Board, 2006). The primary users are investors, creditors, and those who advise them. It goes on to define the criteria that make up each potential user, as well as, the limitations of financial reporting. The FASB explicitly states that financial reporting is “but one source of information needed by those who make investment, credit, and similar resource allocation decisions. Users also need to consider pertinent information from other sources, and be aware of the characteristics and limitations of the information in them” (Financial Accounting Standards Board, 2006). With this in mind, it is still particularly difficult to determine whom the financials should be catered towards and what level of prudence is necessary for quality judgment.
Corporate trusts grew rapidly in the US from 1880 to 1905, creating the atmosphere for President Theodore Roosevelt to launch his now famous trust busting campaigns. The era of antitrust legislation stems from the Sherman Act of 1890. The antitrust laws were based on the constitutional power of Congress to regulate interstate commerce. It declared illegal every contract, combination, or conspiracy in restraint of interstate and foreign trade. The Sherman Act makes monopolization illegal. The two elements of monopolization are: "(1) the possession of monopoly power in the relevant market and (2) the willful acquisition or maintenance of the power as distinguished from growth or development as a consequence of a superior product, business acumen, or historical accident." 1 The Sherman Act was designed to eliminate restraints on trade and competition. It is the main source of antitrust law.
... standard and help to reduce the preparer cost. And it has also enhanced the financial statements decision usefulness and make the organization prepare for expanded disclosure requirements.
Accounting ethics has been difficult to control as accountants and auditors must keep in mind the interest of the public while that they remain employed by the company they are auditing. The accountants should take into account how to best apply accounting standards when company faces issues related financial loss. The role of accountant is crucial to society. They serve as financial reporters to owe their primary constraint to public interest. The information provided is critical in aiding managers, investors and others in making crucial economic decisions. An accountant is responsible for any fraudulent financial reporting. Some examples of fraudulent reporting are:
In 1934 the Securities Exchange Act created the SEC (Securities and Exchange Commission) in response to the stock market crash of 1929 and the Great Depression of the 1930s. It was created to protect U.S. investors against malpractice in securities and financial markets. The purpose of the SEC was and still is to carry out the mandates of the Securities Act of 1933: To protect investors and maintain the integrity of the securities market by amending the current laws, creating new laws and seeing to it that those laws are enforced.
...to show the true picture of the facility by ensuring that accounting and financial report are revealed professionally.
Financial reporting is an example of an ethical problem for an organization or business. Many busin...
Nowadays with the implementation of new emerging technologies, the way businesses keep this financial information has become computerised. At the moment businesses use computers with a computerised accounting system in order to perform many other new activities than what they were able to do in the past. Businesses can access financial information from different department in the organisation, access to the information through computers and find financial data very fast, being more efficient. (Beliss, 2013)
The burden for public companies to succeed at high levels may place undue stress and pressure on accountants creating balance sheets and financial statements. The ethical issue for these accountants becomes maintaining true reporting of company assets, liabilities and profits without giving in to the pressure placed on them by management or corporate officers. Unethical accountants could easily alter company financial records and maneuver numbers to paint false pictures of company successes. This may lead to short-term prosperity, but altered financial records will ultimately spell the downfall of companies when the Securities and Exchange Commission discovers the