Sarbanes-Oxley Act

FundamentalRegulation & Compliance2 min read

Quick Definition

A 2002 federal law that established strict corporate governance and financial reporting standards to protect investors from fraudulent accounting.

Key Takeaways

  • Enacted in 2002 after the Enron and WorldCom accounting scandals
  • CEO and CFO must personally certify accuracy of financial statements (Section 302)
  • Requires independent audit of internal controls over financial reporting (Section 404)
  • Created the PCAOB to oversee public company auditors
  • Enhanced criminal penalties for securities fraud up to 25 years

What Is Sarbanes-Oxley Act?

The Sarbanes-Oxley Act of 2002 (SOX) is landmark legislation enacted in response to major corporate accounting scandals at Enron, WorldCom, and Tyco. The law established comprehensive requirements for corporate governance, internal controls, and financial reporting. Key provisions include Section 302 (requiring CEO and CFO personal certification of financial statements), Section 404 (requiring management assessment and independent audit of internal controls over financial reporting), creation of the Public Company Accounting Oversight Board (PCAOB) to oversee auditors, enhanced criminal penalties for securities fraud (up to 25 years), protection for corporate whistleblowers, and requirements for audit committee independence. SOX applies to all publicly traded companies in the U.S. and foreign companies listed on U.S. exchanges.

Sarbanes-Oxley Act Example

  • 1Under Sarbanes-Oxley Section 302, a CEO was held personally liable for certifying financial statements that contained material misstatements.
  • 2The cost of SOX Section 404 compliance — requiring detailed documentation and testing of internal controls — can exceed $2 million annually for large companies.