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that responsibility has been assigned for the design and maintenance of internal controls, and that these procedures are in place; and that financial information is surfaced through disclosure controls They must also submit a deficiencies report if they find a lack of controls that could adversely affect the reports Section 403 requires that companies with web sites be prepared to post, within a specified time, a statement regarding major changes in ownership of stock This section mandates near-immediate, online reporting by the company Section 404 requires annual certification by the CEO and CFO as to the presence of effective internal controls, in addition to an assessment of those internal controls This assessment must be accompanied every year by the independent auditors attestation report Section 408 requires the company to expect a full review by the SEC every three years Managers will need to be prepared to demonstrate the actions the company has taken to ensure compliance Section 409 requires rapid disclosure of material changes in financial condition and operations, again thereby necessitating realtime reporting to management Section 802 requires that all business records be saved for not less than five years ; the term business records, as used in the Act includes electronic records and messages This section also creates a need to constantly handle relevant digital and hard-copy archiving of e-mails, records, and correspondence
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After the passage of Sarbanes-Oxley, the SEC issued new rules stating that auditors need to retain relevant records of audits and reviews for seven years, whether or not they support the auditor s final conclusions This essentially mandates the continuous processing or retention of relevant data Not only does the Sarbanes-Oxley Act require a great deal of continuous processing, but several aspects of the general business environment also require it The factors and issues that initially spurred adoption of Sarbanes-Oxley are still present, and the need for controls still has to be dealt with on a continuing basis Sarbanes-Oxley defines the required controls, but the impetus for its imposition of the controls remains
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Investor confidence was one of the most urgent issues leading to the passage of the Sarbanes-Oxley Act That lack of confidence still exists, and management needs to know how to address it Companies that focus on transparency to address this issue, rather than doing only the minimum to comply, are finding that they are experiencing a marketing advantage from it Because equity investors are more concerned than ever with corporate governance, companies that have improved their corporate governance are viewed more favorably by the investor community The same is true for certain service providers, such as insurance companies and banks Insurance companies and credit-granting service companies are going to give better rates to the companies whose information they can understand and compare openly via benchmarking This equates to better terms and conditions for capital and services for the company that is focusing on good governance, which in turn appeals to external stakeholders above and beyond the requirements of compliance With the high cost of capital today, this can be a sizeable advantage Any company that is involved in due diligence and possesses consistent reporting with built-in controls will receive advantages that a less transparent company would not Another big advantage to sustained compliance can be found in the United States Sentencing Commission (USSC) guidelines In 2004, the USSC issued revised guidelines for determining the severity of the sentence a company would receive if a court were to hold that fraud or other criminal conduct had arisen from an organization s operations Being able to demonstrate that one s company has a compliance program in place, and that the program is effective, can drastically reduce such a sentence by up to 95 percent If a company has an effective compliance program in place, a court can easily find that a criminal act was the result of aberrant behavior rather than the natural product of a lax environment The seven high-level USSC guidelines are: 1 Standards and procedures to prevent and detect criminal conduct 2 Clearly assigned responsibility at all levels (including senior management), adequate resources, and clear lines of program authority This includes assigning ownership of the compliance program to a specific individual
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