Saturday, 29 April 2023

Sarbanes-Oxley Act (SOX

 

The Sarbanes-Oxley Act (SOX) and compliance are inextricably linked, with the latter referring to adherence to the law's regulations. In 2002, the United States government enacted SOX to enhance corporate governance, financial transparency, and accountability. It is primarily applicable to publicly traded companies in the US, imposing strict regulations on financial reporting and internal controls to prevent fraudulent activities and ensure the accuracy of financial statements. The law holds executives, board members, and auditors accountable for the accuracy of financial reporting and imposes severe penalties for non-compliance.

To achieve SOX compliance, companies must implement various measures and practices. The most critical requirements include the establishment and maintenance of robust internal controls over financial reporting. Companies must document and assess their internal control systems, identify risks, and implement controls to mitigate those risks. They must ensure transparent and accurate financial reporting and disclose any material changes or events promptly. SOX emphasizes the independence and effectiveness of audit committees, which are responsible for overseeing the financial reporting process, selecting external auditors, and evaluating their performance. The law also provides protection to employees who report potential fraudulent activities or violations of the law within their organizations.

Non-compliance with SOX can have severe consequences, including financial penalties, imprisonment, loss of business reputation, and potential delisting from stock exchanges. Therefore, companies subject to SOX must establish strong compliance programs, perform regular audits, and ensure ongoing adherence to the law's requirements. By doing so, they can avoid the significant risks associated with non-compliance and gain the trust and confidence of their stakeholders.

No comments:

CBDT issues second round of frequently asked questions in relation to Direct Tax Vivad Se Vishwas Scheme, 2024

  This Tax Alert summarizes Circular No. 19/2024 dated 16 December 2024 (VSV 2- December Circular) issued by the Central Board of Direct Tax...