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Worksheet: SOX and Relevance to Nonprofit Operations
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As discussed throughout this chapter, SOX and SOX-influenced legislation does have major implications for nonprofits Exhibit 13, SOX and Relevance to Nonprofit Operations, will help a nonprofit develop a deeper understanding of those implications For each title of SOX, review the provisions described in the chapter and develop ways in which those provisions have relevance for the nonprofit sector For example, Title I establishes the PCAOB, which oversees public companies Should the nonprofit sector have a similar overseeing body Why or why not Section 404 of SOX requires management in public companies to conduct periodic evaluation of the company s internal control system Could this be a best practice for nonprofits Why or why not
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Exhibit 13
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SOX Titles and Sections I Public Company Accounting Oversight Board 101: Establishment, administrative provision 102: Registration with the Board 103: Auditing, quality control, and independent standards and rules 104: Inspections of registered public accounting firms 105: Investigations and disciplinary proceedings 106: Foreign public accounting firms 107: Commission oversight of the Board 108: Accounting standards 109: Funding II Auditor Independence 201: Services outside the scope of practice of auditors 202: Preapproval requirements 203: Audit partner rotation 204: Auditor reports to audit committees 205: Conforming amendments 206: Conflicts of interest 207: Study of mandatory rotation of registered public accounting firms 208: Commission authority 209: Considerations by appropriate State regulatory authorities III Corporate Responsibility 301: Public company audit committees 302: Corporate responsibility for financial reports 303: Improper influence on conduct of audits 304: Forfeiture of certain bonuses and profits 305: Officer and director bars and penalties 306: Insider trades during pension fund blackout periods 307: Rules of professional responsibility for attorneys 308: Fair funds for investors
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SOX Titles and Sections IV Enhanced Financial Disclosures 401: Disclosures in periodic reports 402: Enhanced conflict of interest provisions 403: Disclosure of transactions involving management and principal stockholders 404: Management assessment of internal controls 405: Exemption 406: Code of ethics for senior financial officers 407: Disclosure of audit committee financial expert 408: Enhanced review of periodic disclosures by issuers 409: Real-time issuer disclosures V Analyst Conflicts of Interest 501: Treatment of security analysts by registered securities associations and national security exchanges VI Commission Resources and Authority 601: Authorization of appropriations 602: Appearance and practice before the Commission 603: Federal court authority to impose penny stock bars 604: Qualifications of associated persons of brokers and dealers VII Studies and Reports 701: GAO study and report regarding consolidation of public accounting firms 702: Commission study and report regarding credit rating agencies 703: Study and report on violators and violations 704: Study of enforcement actions 705: Study of investment banks VIII Corporate and Criminal Fraud Accountability 801: Short title 802: Criminal penalties for altering documents 803: Debts nondischargeable if incurred in violation of securities fraud laws 804: Statute of limitations for securities fraud 805: Review of Federal sentencing guidelines for obstruction of justice and extensive criminal fraud 806: Protection for employees of publicly traded companies who provide evidence of fraud 807: Criminal penalties for defrauding shareholders of publicly traded companies IX White Collar Crime Penalty 901: Short title 902: Attempts and conspiracies to commit criminal fraud offenses 903: Criminal penalties for mail and wire fraud 904: Criminal penalties for violations of the Employee Retirement Income Security Act of 1974 905: Amendment to sentencing guidelines relating to certain white-collar offenses 906: Corporate responsibility for financial reports
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Background of the Sarbanes-Oxley Act of 2002
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Exhibit 13
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worksheet: SOX and relevance to nonprofit operations (continued)
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SOX Titles and Sections X Corporate Tax Returns 1001: Sense of the Senate regarding the signing of corporate tax returns by Chief Executive Officers XI Corporate Fraud and Accountability 1101: Short title 1102: Tampering with a record or otherwise impeding an official proceeding 1103: Temporary freeze authority for the Securities and Exchange Commission 1104: Amendment to the Federal Sentencing Guidelines 1105: Authority of the Commission to prohibit persons from serving as officers or directors 1106: Increased criminal penalties under Securities Exchange Act of 1934 1107: Retaliation against informants
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