SARBANES-OXLEY ACT OF 2002
SOA: Ensures that the senior executives have greater responsibility as well as the means to meet them BOD will have greater exposure to liability for any negligence in the management of companies.
Provides check and balance Whistleblowers will now have greater protection of the law as well as the opportunity to report fraud in their companies
BOD Non management Directors should hold regular sessions without the participation of the management or any other person with a material relationship with it.
DISCLOSURE Under Section 401(b) of the SOA, it would not be possible for pro-forma statements to omit any material fact which misrepresents the fair true position of the company.
FRAUD The internal controls should be able to prevent, deter and detect fraud
GOVERNMENT POLICIES Governance principles will be used to evaluate the board and the management
EXECUTIVE COMPENSATION Section 304 of the SOA requires a company which restates its financial statements due to material non compliance or misconduct to reimburse bonus or incentives
PROTECTION OF WHISTLEBLOWERS SOA has provided added protection to whistleblowers who can establish a prima facie case retaliation when they report malfeasance in the company
COMPENSATION COMMITTEES Committee on compensation policy should be consistent with the business goals of the companies.
AUDIT COMMITTEES Audit committees are composed of directors and have the responsibility to ensure that the financial statements of the company and the internal controls are consistent with the regulatory policy