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The Enron fiasco forever changed investor and public reliance on selfregulation measures for accounting and financial reporting Not since the stock market crash of 1929 and the Great Depression in the 1930s has so much attention been paid to federal securities laws and financial and reporting methodology for public companies The result has been a staggering shock to the financial and information systems of public companies, as executives and their boards scramble to make sense of, and comply with, the new regulations The Sarbanes-Oxley Act of 2002 (PUBLIC LAW 107 204 JULY 30, 2002 - 116 STAT 745) was enacted after the Enron and WorldCom debacles, in response to the resulting dramatic loss of faith in the governance of public companies As a remedial measure, this Act significantly affects the day-to-day functions of all top-level management and executives of public companies, particularly the CEO, the CFO, and top information officers The Act created a five-member Public Company Accounting Oversight Board (PCAOB), which has the authority to set and enforce auditing, attestation, quality control, and ethics (including independence) standards for public companies The Act gives the PCAOB the right to impose disciplinary and remedial sanctions for violations of the board s rules, securities laws, and professional auditing standards The Securities and Exchange Commission (SEC) has adopted many of the Sarbanes-Oxley provisions, and the breadth and depth of these changes ensure that CEOs, CFOs, and CIOs must pay close attention to the systems the corporation has set for reporting and auditing of all financial information and securities transactions The main goal of the Sarbanes-Oxley Act is to protect investors and increase their confidence in public companies Specific measures of the Act require that a company s CEO and CFO each certify quarterly and annually that:
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2 He or she reviewed the report being filed
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To his or her knowledge, the report does not contain any untrue statements or omit any material facts The financial statements and other financial information fairly present, in all material respects, the financial position, results of operations, and cash flows He or she is responsible for, and has designed, established, and maintained, disclosure controls and procedures (DC&P), as well as evaluated and reported on the effectiveness of those controls and procedures within 90 days of the report filing date Effectively, this means that on a daily basis, the certifying officers need to ensure that systems are set up and monitored sufficiently to satisfy themselves that all disclosure procedures and controls are operating effectively In its comment on the Act, the SEC stated:
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An overall purpose of internal control over financial reporting is to foster the preparation of reliable financial statements Reliable financial statements must be materially accurate Therefore, a central purpose of the assessment of internal control over financial reporting is to identify material weaknesses that have, as indicated by their very definition, more than a remote likelihood of leading to a material misstatement in the financial statements While identifying control deficiencies and significant deficiencies represents an important component of management s assessment, the overall focus of internal control reporting should be on those items that could result in material errors in the financial statements1
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Although the Sarbanes-Oxley Act has not established specific rules and standards for reporting on internal controls and procedures for financial reporting, it is the responsibility of the CEO, CFO, and CIO to establish these guidelines and manage them diligently to remain in compliance with the Act Ultimately, this Act guarantees that a corporation s commitment to transparent and ethical reporting methodology is as important as its commitment to its bottom line; and government, investors, and the public are looking to top executives to make this happen
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