The Sarbanes-Oxley Act of 2002 (Pub. L. No. 107-204, 116 Stat.
745, also known as the Public Company Accounting Reform and Investor
Protection Act of 2002 and commonly called SOX or Sarbox; July
30, 2002) is a controversial United States federal law passed
in response to a number of major corporate and accounting scandals
including those affecting Enron, Tyco International, Peregrine
Systems and WorldCom (recently MCI and now currently part of
Verizon Business). These scandals resulted in a decline of public
trust in accounting and reporting practices. Named after sponsors
Senator Paul Sarbanes (D-Md.) and Representative Michael G. Oxley
(R-Oh.), the Act was approved by the House by a vote of 423-3
and by the Senate 99-0.
The legislation is wide ranging and establishes
new or enhanced standards for all U.S. public company boards,
management, and public accounting firms. The Act contains 11
titles, or sections, ranging from additional Corporate Board
responsibilities to criminal penalties, and requires the Securities
and Exchange Commission (SEC) to implement rulings on requirements
to comply with the new law. Supporters of these reforms believe
the legislation was necessary and useful while critics believe
it does more economic damage than it prevents. However, those
who have studied the law point out how modest the Act is in comparison
to the heavy rhetoric accompanying its passage and adoption.
The first and most important part of the Act establishes a new
quasi-public agency, the Public Company Accounting Oversight
Board, which is charged with overseeing, regulating, inspecting,
and disciplining accounting firms in their roles as auditors
of public companies. The Act also covers issues such as auditor
independence, corporate governance and enhanced financial disclosure.
It is considered by some as one of the most significant changes
to United States securities laws since the New Deal in the 1930s.
SOX on
Wikipedia