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Advantages and disadvantages of the sarbanes-oxley act of 2002
Advantages and disadvantages of the sarbanes-oxley act of 2002
Advantages and disadvantages of the sarbanes-oxley act of 2002
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As the rapid growth of capital market, investors have been increasingly relying on auditors to examine the accountability of financial information prepared by management. Auditors are expected to determine if the financial statement is fairly presented. In order to do so, auditors need to detect the material misstatements. Misstatement can be classified into three groups: fraud, errors and illegal acts. Fraud is intentional misstatement while errors are unintentional. Illegal acts can be intentional or unintentional. They are the misstatements that violate laws or governmental regulations (Messier, Glover and Prawitt 2014, 26). In recent years, the increasing number of fraud scandals has weakened investors’ confidence in the capital market. …show more content…
99, Congress took steps in response to big fraud scandals and passed the Sarbanes-Oxley Act (SOX) in 2002 to restore public confidence in accounting profession. The intention of the new legislation is to “improve the audit effectiveness and the credibility of financial reporting” (Ernst & Young 2012). Generally, the Act focus on strengthening corporate governance, enhancing auditor independence and management accountability for financial disclosures and accuracy. Under Sarbanes-Oxley Act, auditors are prohibited to provide non-audit services for audited firms. In addition, Section 404 of the Act requires auditors to evaluate and issue an opinion regarding the effectiveness of the internal control over financial reporting of the audited firm. The act also requires auditors the audit committee, consisted of independent members, to engage and oversee the external auditors. The implementation of these rules has led to great improvements in audit …show more content…
First it ensures independence of external auditors. Many believe that providing non-auditing services for audited clients may make auditors reluctant to question too much about their clients when they should have. The prohibition of many non-audit services makes auditors focus on their core business, auditing. It also helps auditors to be independent and objective. The second way is that it enhances the quality of the audit. Through the effective oversight, audit committee can objectively evaluate auditors’ performance and contribute to the reliability of financial reporting. Finally, the Act helps to increase the reliability of the financial information. When auditors evaluate the firm’s internal control system, they will gain a better understating regarding the strengths and weaknesses regarding the client’s financial reporting system. Auditing the effective internal control system will not only help to reduce the scope of audit work but also ensures that the financial statements are
Consistent accounting and financial frauds in the U.S. alerted the SEC to the imperative need for policy and corporate governance changes. The Sarbanes-Oxley Act in 2002 was enacted to encourage financial disclosures, enhance corporate responsibility, and combat fraudulent behaviour. This Act also helped create the PCAOB, which oversees the auditing practice (Stanwick & Stanwick 2009).
The Sarbanes-Oxley Act was enacted on July 30, 2002. It was enacted by the 107th United States Congress. It is named after sponsors U.S. Senator Paul Sarbanes and U.S. Representative Michael G. Oxley. It is 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. The main purpose of this act was to protect investors by improving the accuracy and reliability of corporate disclosures made pursuant to the securities laws, and for other purposes. This act was enacted as a result to a number of corporate and accounting scandals including those affecting Enron, Tyco internationals, Adelphia, Peregrine Systems, and WorldCom. The Securities Exchange Commission (SEC) adopted many rules in order to implement the Sarbanes-Oxley Act.
Madura, Jeff. What Every Investor Needs to Know About Accounting Fraud. New York: McGraw-Hill, 2004. 1-156
The development of the Sarbanes-Oxley Act (SOX) was a result of public company scandals. The Enron and Worldcom scandals, for example, helped investor confidence in entities traded on the public markets weaken during 2001 and 2002. Congress was quick to respond to the political crisis and "enacted the Sarbanes-Oxley Act of 2002, which was signed into law by President Bush on July 30" (Edward Jones, 1), to restore investor confidence. In reference to SOX, penalties would be issued to non-ethical or non-law-abiding public companies and their executives, directors, auditors, attorneys, and securities analysts (1). SOX significantly transformed the procedures in which public companies handle internal controls and reporting within accounting and finance and the managerial aspects of public companies (2). Among the many objectives of SOX the most important objective is to oversee public accounting, publicly reporting companies, and the investment industry; however, SOX needed assistance in order follow through with these objectives:
Health South (Lupica, 2014), one of the biggest healthcare provider, committed fraud by increasing the value of their earnings on papers and increasing the values of their stock prices. Many investors were fooled by the company’s accounting figures. Health south used to fill the gap of actual figures and target figures by making false entries in their accounts. After this fraud got exposed, many high level executive were sent to jail who spent their precious years cleaning
The Sarbanes-Oxley Act of 2002 (SOX) was introduced to Congress as a result of deception and fraudulent accounting practices taking place at Enron in December of 2001. Up to that date, the bankruptcy of Enron, with more than $60 billion in Wall Street market value and $2.1 billion in pension plans was the largest corporate economic failure in United States history (Appleby, 2006). As a result, over 20,000 employees lost their jobs, retirement savings, 401(k) stock options and medical benefits. To boot, Arthur Andersen, then one of the world's five leading international accounting firms, provided Enron from 1998 through 2000, with external and internal auditing. For all intents and purposes, in June of 2002, the accounting plead guilty of obstruction of justice in the world-shocking Enron case. After the Enron debacle, it was apparent federal legislation was necessary to prevent this from occurring in the future. As a result, SOX was established as a direct response to the fraudulent accounting practices that took place at Enron.
This section was included to reduce potential for fraud in publicly traded companies by adding more strict procedures and requirements for financial reporting. Management was responsible to create or enhance their internal controls and follow-up with a report assessing the effectiveness of the control structure. For many companies, this section was the most complicated and most expensive to implement because it also required management to report on the shortcomings of the controls. These reports also needed to be checked for accuracy by an external, registered auditor to confirm the operation and effectiveness of the
Over the years fraudulent financial reporting has increased the concern of the reliability of the US financial reporting practice. It also call into question the roles of auditors, regulators, and analysts in financial reporting. It is well known that frauds affect the fraudsters, auditors, and investors; however it can also affect citizens, industries, and financial markets, while also manipulating both accounting and auditing standards.
The Sarbanes-Oxley Act of 2002, also known as the SOX Act, is created in response to the series of deceptive and outright fraudulent activities of the big business in the 1990s. Sarbanes-Oxley, or SOX, is a federal law that is a complete reform of business practices. The Act points specifically at public accounting firms that take part in audits of corporations and it is passed in response to a number of corporate accounting scandals such as Enron, WorldCom, Global Crossing, Tyco and Arthur Andersen. It sets new standards for the corporate management, corporate boards of directors, and public accounting firms. Almost all the scandals involved accusations of presumed “creative accounting,” or complicated
Sarbanes-Oxley Act was enacted following a prolonged period of corporate scandals involving large public companies from 2000 to 2002, this was to restore investors confidence in markets and close loopholes for public companies to defraud investors. This act has had a profound effect on cooperate governance in the US, it requires public companies to strengthen audit committees, perform internal controls tests, set personal liability of directors and officers for accuracy of financial statements, and strengthen disclosure. The Sarbanes-Oxley
This week’s case study, Enron: Questionable Accounting Practices Bring New Regulation to the United States, reflects the increased government control regarding accounting and financial issues in corporations. This increased control was implemented due to the downward economic spiral occurring in the late 1990s. Although, Enron had successfully concealed their debt for years, they inevitably collapsed under an avalanche of debt and profit misrepresentation (Ferrell, Hirt, & Ferrell, 2009). Flawed principles and disclosures surfaced within accounting practices. Therefore, the government implemented the Sarbanes-Oxley Act. The Sarbanes-Oxley Act provided oversight to corporate financial reporting protocols, ethical employee standards, and financial
The fraudulent financial reporting is the information in financial statement that will misleading, omission, and misrepresenting the users in order to attract potential investors and fulfil the shareholder’s expectation wealth. The company may has intended to use wrongly the accounting principle which related to classification, method of depreciation,
Audit is a process to evaluate and review the accounts and financial statement objectively. We can divide it into internal auditors and external auditors. Internal auditors have a inner knowledge of business process. Auditor has access to the much confidential information and all levels of management. But they may lose their judgement and they are not acceptable by the shareholder. “The overall objective of the external auditors is to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to report on the financial statements in acco...
Auditors audit, rather than recreate, the records of clients. As such, trust is an inherent factor of the audit process (Schaub, 1996). An auditor also needs the information provided by management to be truthful to carry out the audit. Therefore, an auditor must trust the members of management to provide truthful information (Rennie, 2010). Auditors must also provide an overall evaluation of the client’s trustworthiness when planning the audit and evaluating the client’s control environment (Schaub, 1996). However, “The Independence Standards Board identifies auditors’ familiarity with the client as one of five threats to auditor independence. To foster auditor independence and objectivity, the Sarbanes-Oxley Act of 2002 bans auditors
The concern for preventing fraud is increased because the negative impact of fraud have also increased over the years. Moreover, financial statements fraud are likely the most worrying because it causing decreasing company performance (Kassem & Higson, 2012; Aghghaleh, Mohamed, & Rahmat, 2016). Fraud is a topic that gets significant attention from regulators, auditors, and the public (Kassem & Higson, 2012). Soltani (2014) says that one type of fraud is financial statement