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Sarbanes-Oxley Act Of 2002 Pros And Cons

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The Sarbanes-Oxley Act of 2002, also known as SOX in short, is a U.S. Federal Law passed by President George Bush. The main reason behind passing of the law was that the government needed improved regulations mandating upper management to confirm the reliability and transparency of the financial statements. This bill came about because of the failure and malpractice by companies such as Enron, WorldCom, Adelphia, and Arthur Anderson. These companies caused a major scandal where investors lost billions of dollars resulting in the public losing confidence in the U.S. Securities Market. “The Act mandated a number of reforms to enhance corporate responsibility, enhance financial disclosures and combat corporate and accounting fraud, and created the Public Company Accounting Oversight Board, also known as the PCAOB.”[1] The act includes 11 sections that are enforced by the Securities and Exchange Commission. …show more content…

Those who criticize the Act claim that the Act is unnecessary and too expensive to implement. Many articles state that SOX has not been effective in avoiding future frauds but instead companies have acquired more paperwork, more employees, and more expenses where one estimate cited a total rise in cost of more than USD 1 trillion[2]. There is no actual proof that the Sarbanes-Oxley Act has prevented fraud. Some critics have pointed out the “Madoff scandal as a prime example of how the Sarbanes-Oxley Act has failed.”[3] Furthermore, one of the most controversial aspects of SOX Act is Section 404[4], which requires company management to provide assertions of effective internal control over financial reporting and for the company's independent audit firm to attest to those assertions. Jumpstart Our Business Startups Act (JOBS Act), passed by Congress and signed by President Obama on April 5, 2012 contained a provision that eliminated the SOX Section 404 requirements for organizations that meet the definition of an emerging growth

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