Welcome to the Sarbanes Oxley Compliance
Portal
What
is Sarbanes Oxley?
It is a United
States federal law enacted on July 30,
2002 in response to a number of scandals that include Enron and WorldCom. It was named after 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.
George Bush called
Sarbanes Oxley Act rules
the “most far-reaching reforms of American
business practices since Franklin Roosevelt was president”.
Objective of the
Sarbanes Oxley Act:
To restore public confidence in
American business, which had been badly shaken by
huge corporate
scandals, such as those which led to the bankruptcies of Enron and
WorldCom.
The
Sarbanes Oxley Act created
a new regulator: the Public Company
Accounting Oversight Board.
TO READ THE TEXT OF THE SARBANES
OXLEY ACT CLICK HERE
Criticism of the Sarbanes Oxley Act
Unnecessary and
costly government intrusion into corporate management that places
U.S. corporations at a competitive disadvantage with foreign firms
driving businesses out of the United States...
... Incentive for
small US firms and foreign firms to deregister from US stock
exchanges...
"The flawed implementation of the 2002
Sarbanes-Oxley Act (SOX), which produced far heavier costs than
expected"
New York City Mayor Michael R. Bloomberg and US Senator
Charles E. Schumer
A point of view
"Dear Fellow Americans,
The 20th Century was the
American century in no small part because of our economic dominance
in the financial services industry, which has always been centered
in New York.
Today, Wall Street is booming, and our nation’s
short-term economic outlook is strong.
But to maintain our success
over the long run, we must address a real and growing concern: in
today’s ultra-competitive global marketplace, more and more nations
are challenging our position as the world’s financial capital.
Traditionally, London
was our chief competitor in the financial services industry.
But as technology has virtually eliminated barriers to the flow of
capital, it now freely flows to the most efficient markets, in all
corners of the globe.
Today, in addition to London, we’re
increasingly competing with cities like Dubai,
Hong Kong, and Tokyo.
The good news is that we’re still in the lead.
Our financial markets generate more revenue than any other nation,
and we continue to be home to the world’s leading companies, which
help form the backbone of our national economy.
In fact, for every 100 Americans, five work in
financial services – and these jobs are not
just in New York and Chicago.
In states as diverse as
Connecticut, Delaware, South Dakota and North Carolina, the
financial services industry employs major portions of the workforce.
All Americans have a vested interest in
strengthening America’s financial services industry, and the time
has come to rally support for this effort.
To stay ahead of our
hard-charging and dynamic international competitors, and to ensure
our nation’s long-term economic strength, we can no longer take our preeminence in the financial services industry for granted.
In fact,
the report contains a chilling fact that if we do nothing, within
ten years while we will remain a leading regional financial center;
we will no longer be the financial capital of
the world.
We must take a cold, hard look at the
industry, identifying our weaknesses, learning from the best
practices of other nations, and drawing upon strategies that will
allow us to adapt to the changing realities of the market.
That is exactly why we commissioned this
report.
The report provides detailed analyses of
market conditions here and abroad, informed by interviews with more
than 50 respected leaders drawn from the financial services
industry, consumer groups, and other stakeholders. The findings are
quite clear:
First, our regulatory framework is a thicket of
complicated rules, rather than a streamlined set of commonly
understood principles, as is the case in the United Kingdom and
elsewhere.
The flawed implementation of the
2002 Sarbanes-Oxley Act (SOX), which produced far heavier costs than
expected, has only aggravated the situation, as has the continued
requirement that foreign companies conform to U.S. accounting
standards rather than the widely accepted – many would say superior
– international standards.
The time has come not only to
re-examine implementation of SOX, but also to undertake broader
reforms, using a principles based approach to eliminate duplication
and inefficiencies in our regulatory system.
And we must do both while ensuring that we
maintain our strong protections for investors and consumers.
Second, the legal environments in other
nations, including Great Britain, far more effectively discourage
frivolous litigation.
While nobody should attempt to discourage
suits with merit, the prevalence of meritless securities lawsuits
and settlements in the U.S. has driven up the apparent and actual
cost of business – and driven away potential investors.
In addition,
the highly complex and fragmented nature of our legal system has led
to a perception that penalties are arbitrary and unfair, a
reputation that may be overblown, but nonetheless diminishes our
attractiveness to international companies.
To address this, we must
consider legal reforms that will reduce spurious and meritless
litigation and eliminate the perception of arbitrary justice,
without eliminating meritorious actions.
Third, and finally, a highly skilled workforce
is essential for the U.S. to remain dominant in financial services.
Although New York is superior in terms of availability of talent, we
are at risk of falling behind in attracting qualified American and
foreign workers.
While we undertake education reforms to address the
fact that fewer American students are graduating with the deep
quantitative skills necessary to drive innovation in financial
services, we must also address U.S. immigration restrictions, which
are shutting out highly-skilled workers who are ready to work but
increasingly find other markets more inviting.
The European Union’s
free movement of people, for instance, is attracting more and more
talented people to their financial centers, particularly London.
The United States has always been a beacon for
the world’s best and brightest.
But to compete with the
growing EU and Asian markets—in a way that grows our economy
and creates jobs across the nation—we must ensure that we make it
easier for talented people to move to the U.S. to pursue education
and employment.
We know that addressing these challenges, and
ensuring that we do so in a way that continues to offer strong
protections to consumers and investors, will not be easy.
But other nations have succeeded in this
effort, and so too must we.
The industry will continue to experience rapid
growth in the 21st Century, which holds great promise for our nation
– but only if we take seriously our competitors, who are rapidly
gaining ground. Failing to do so would be devastating both for New
York City and the entire nation.
In the weeks and months ahead, we will work
together to implement the state and local reforms necessary to
strengthen New York City’s position as the world’s financial
capital.
At the same time, we will work with Congress,
the Administration, regulators industry leaders, and other
stakeholders to take the necessary steps to ensure that America
retains its dominant position in the financial services industry in
the 21st Century.
It is our hope that this report will call
attention to the challenges we face in meeting this goal, and serve
as a call to action for members of both political parties, and for
leaders of every branch of government.
Sincerely,
New York City Mayor Michael R. Bloomberg
US Senator Charles E. Schumer "
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