Preview

Sox Research Paper

Powerful Essays
Open Document
Open Document
2050 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Sox Research Paper
Running head: Nonprofits and SOX

Heather Tanenbaum
Student ID: 3750548620
Accounting Capstone: Senior Seminar in Accounting ACC499 004016
Summer 2009
Nonprofits and the Sarbanes Oxley Act
Submitted:
Submitted to: Tee M. Thein
Table of Contents

Abstract

Introduction

SOX regulations for nonprofits
Reasons for nonprofits to adopt SOX

Conclusion

Research file memorandum

Communication memorandum

References

Abstract

Introduction

The Sarbanes-Oxley Act (SOX) of 2002 (U.S. House of Representatives 2002) was passed by congress as a result of a wave of accounting scandals and related financial irregularities in corporations such as Enron, WorldCom and Tyco. SOX is called the most significant securities legislation since 1933 and 1934 securities ACT. The Act attempted to make ethics more black and white rather than a gray area. The increased guidelines have changed businesses and business relationships. These new requirements have placed greater demands on directors, audit committees, auditors and management. Most, of these provisions where only made towards publicly held companies, similar regulations targeted nonprofit organizations (Panel on the Nonprofit Sector 2005). Two hundred and fifteen nonprofit organizations have voluntarily adopted provisions of the Sarbanes-Oxley Act of 2002 (SOX). Many, nonprofits are currently in the process of adopting SOX. The Panel on the Nonprofit Sector (2005), in its final report to Congress in June 2005, recommends more than 120 actions to be taken by charitable organizations, Congress and the IRS (Internal Revenue Service) to strength nonprofits against, transparency, governance and accountability. The most significant provision of the Act is the requirements in Section 404 the reporting on the effectiveness of internal controls over the financial reporting. PCAOB auditing standard 2 requires that the audit of internal control be integrated



References: Anderson, S., and C.L. Kelley. 2006. Advising nonprofit organizations. The CPA Journal 76 (8): 20-26. Beasley, M. S., and S. E. Salterio. 2001. The relationship between board characteristics and voluntary improvements in audit committee composition and experience. Contemporary Accounting Research 18 (Winter): 539-570. BoardSource. 2003. The Sarbanes-Oxley Act and implications for nonprofit organizations. Available at: http://www.boardsource.org/clintfiles/Sarbarnes-Oxley.pdf. Bradbury, M. E. 1990. The incentives for voluntary audit committee formation. Journal of Accounting and Public Policy 9 (1): 19-36. Broude, P. D. 2006. The impact of Sarbanes-Oxley on private & nonprofit companies. Foley and Lardner, LLP. Available at: http://www.foley.com/publications/pub_detail.aspx?puibid=3511. Coles, J. L., D. D. Naveen, and L. Naveen. 2008. Boards: Does one size fit all? Journal of Financial Economics 87 (2): 329-356 D’Aquila, J Gibelman, M., S. Gelman, and D. Pollack. 1997. The credibility of nonprofit boards: A view from the 1990s and beyond. Administration in Social Work 21 (2): 21-39. Grant Thornton LLP. 2006. Grant Thornton National Board governance survey for not-for-profit organizations. Available at: http://www.granthornton.com/staticfiles/GTCom/files/Industries/NotForProfit/nfp_board1.pdf. GuideStar. 2005. Nonprofits, Sarbanes-Oxley, and the states. Available at: http://www.guidestar.org/DisplayArticle.do?articleId=779. Hempel, J., and A. Borrus. 2004. Now the nonprofits need cleaning up; Cozy boardrooms at colleges and charities face increasing government scrutiny. BusinessWeek (June 21): 107. Hymowitz, C. 2005. The Sarbanes-Oxley era, running a nonprofit is only getting harder. Wall Street Journal (June 21): B1. O’Hare, P. 2002. Sarbanes-Oxley raises red flag for not-for-profits. Healthcare Financial Management 56 (10): 42-44. O’Regan, K., and S. M. Oster. 2005. Does the structure and composition of the board matter? The case of nonprofit organizations. Journal of Law Economics and Organization 21 (1): 205-227. Orlikoff, J., and M. Totten. 2004. Applying for-profit governance reforms. Healthcare Executive 19 (3): 52. Panel in the Nonprofit Sector. 2005. Strengthening transparency, governance and accountability of charitable organizations. Available at: http://www.nonprofitpanel.org/final/. Pincus, K., M. Rusbarsky, and J. Wong. 1989. Voluntary formation of corporate audit committees among NASDAQ firms. Journal of Accounting and Public Policy 8 (4): 239-265. Pomeroy, A. 2006. Sarbanes-Oxley costs affect smaller companies the most. HRMagazine 51 (8): 14-16. Silk, T., and R. Fei. 2005. California’s Nonprofit Integrity Act of 2004 (SB 1262). The International Journal for Not-For-Profit Law 7 (2). Available at: http://www.icnl.org/JOURNAL/vol7iss2/ar_silk.htm. Tran, P. 2005. A Sarbanes-Oxley Act for nonprofits? The Practical Lawyer 51 (5): 47-53. U.S. House of Representatives, Committee on Financial Services. 2002. Sarbanes-Oxley Act of 2002. Public Law No. 107-204. Washington, D.C.: Government Printing Office. Vermeer, T. E., K. Raghunandan, and D. A. Forgoine. 2006. The composition of nonprofit audit committees. Accounting Horizons 20 (1): 75-90. Walters, R. 2003. You don’t know what you’ve got till it’s gone. Healthcare Financial Management 57 (3): 94-97. Yermack, D. 1996. Higher market valuation of companies with a small board of directors. Journal of Financial Economics 40 (2): 185-212.

You May Also Find These Documents Helpful

  • Better Essays

    References: obert D. H. & Associates (2005). THE JOSSEY-BASS HANDBOOK OF NONPROFIT LEADERSHIP & MANAGEMENT (2nd ed.). San Francisco, CA: John Wiley & Sons, Inc.…

    • 1476 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Acc291Individual Paper

    • 649 Words
    • 3 Pages

    The Sarbanes-Oxley Act of 2002 (SOX) was created in response to the series of misleading and fraudulent activities of publicly traded big business’s in the 1990s. During this time, multiple large publicly-traded businesses increased their stock prices by “publishing false or deceptive financial statements” (Lasher, 2008, p. 187). The most publicly charged company was Enron, which was then followed by Xerox, WorldCom and Global Crossing. This resulted in millions of dollars of stock market value disappearing in what seemed to be overnight. It is in response to these events that Congress drafted and passed the Sarbanes-Oxley Act of 2002.…

    • 649 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Student

    • 373 Words
    • 2 Pages

    This research assignment is being submitted on July 22, 2012, for Jay Wright’s Advanced Auditing Concepts and Standards A340/ACG3085section II course.…

    • 373 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Sox Act

    • 2419 Words
    • 10 Pages

    This section provides provisions that mandate a set of procedures that are internal designed to ensure that all financial disclosures are accurate. The signing officers should certify that they hold responsibility for the establishment and maintenance of all internal controls and confirm that they have created those internal controls in order to…

    • 2419 Words
    • 10 Pages
    Powerful Essays
  • Powerful Essays

    McCambridge, R. (2004). Understanding the power of nonprofit governance. Nonprofit and Voluntary Sector Quarterly, 33(2), 346-354. http://dx.doi.org/10.1177/0899164004263551…

    • 2616 Words
    • 11 Pages
    Powerful Essays
  • Better Essays

    Sox Act of 2002

    • 2407 Words
    • 10 Pages

    Lisa, M. P., O 'Sullivan, S.,A., & Shannon, J. H. (2007). Sarbanes-oxley: An overview of current issues and concerns. Review of Business, 27(3), 38-46. Retrieved from http://search.proquest.com…

    • 2407 Words
    • 10 Pages
    Better Essays
  • Good Essays

    On July 30, 2002, the American Competitiveness and Corporate Accountability Act, better known as the Sarbanes-Oxley Act (SOX), was signed into law, with the intention of rebuilding public trust in corporate America. Its laws, which required boards to “oversee closely financial transactions and auditing procedures,” applied primarily to publicly traded corporations (Baker, 2005). Only two of the practices named within were required of not-for-profit companies. Nevertheless, due to the proliferation of fraud within the not-for-profit sector, it has become best practice for not-for-profits to adopt the governance provisions put forth in Sarbanes-Oxley. As both donors and the general public put not-for-profits under greater levels of scrutiny and…

    • 1181 Words
    • 5 Pages
    Good Essays
  • Best Essays

    Sarbane-Oxley Act of 2002

    • 3019 Words
    • 11 Pages

    The National Council of Nonprofit Organizations. “Learning from Sarbanes-Oxley: A Checklist for Nonprofits and Foundations”. June 2004. Assessed April 1, 2009 from:…

    • 3019 Words
    • 11 Pages
    Best Essays
  • Good Essays

    Sox Research Paper

    • 732 Words
    • 3 Pages

    Sweeney, Paul. 2012. Sarbanes-Oxley – A decade later, Financial Executives International. July/August 2012. Retrieved from http://www.financialexecutives.org/KenticoCMS/Financial-Executive-Magazine/2012_07/Sarbanes-Oxley--A-Decade-Later.aspx#ixzz2NWZ7AIf3…

    • 732 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Nevertheless, Sarbanes-Oxley is just one portion of legislature; numerous individuals consider that it was planned only to guarantee shareholder assurance in financial recording records. Regulation and guidelines cannot eradicate deceit entirely. The issues described in the Act influenced greatly to the companies’, previously named, fall and were the regions that Sarbanes-Oxley amplified ruling and generated new principles in; nonetheless, Sarbanes-Oxley declines to deliver several other issues that also participated in company collapse such as fair value accounting. Oversight Systems Inc. has been conducting an analysis, since 2002, to determine if Sarbanes-Oxley has been effective in destroying business deception. In their report, they detailed that even though Sarbanes-Oxley has diminished the possibility, there will by no means be a method to eradicate it. Sarbanes-Oxley’s placed principles and procedures into place that are expected to toughen internal regulation, improve admission for off-balance sheet units, and decrease clashes of securities among an organization and its auditing personnel. Throughout these amendments it will be soundly operative at avoiding another…

    • 1283 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Sarbanes Oxley Act

    • 2197 Words
    • 9 Pages

    (ii) Requirement that public companies evaluate and disclose the effectiveness of their internal controls and "Attests" such disclosure by independent auditor,…

    • 2197 Words
    • 9 Pages
    Good Essays
  • Good Essays

    It is controls on financial reporting that are receiving a great deal of attention under a new law, the Sarbanes-Oxley Act of 2002. Public companies are now required by law to document controls over financial reporting, in order to fully address exposures and the effectiveness of current controls. Though many healthcare organizations are not directly affected by the law, regulatory agencies could follow suit and require similar compliance. In fact, several states have introduced bills that require nonprofit organizations to adhere to portions of the act. This article provides a guide for organizations desiring to stay ahead of the curve” (Godwin & Mueller, 2005).…

    • 878 Words
    • 4 Pages
    Good Essays
  • Better Essays

    The nonprofit sector is a melting pot of helping entities. This group of businesses includes religious, environmental, educational, and humanity-centered purposes. None of these groups appeal to all peoples but they all fill a natural role globally and locally. The goals of these nonprofits are attainable with a few necessities; leadership, funds, and volunteers. Funds for nonprofits are dependent on effective management. Effective management of a nonprofit includes successful recruitment of volunteers. Volunteers are the backbone of every nonprofit. Every nonprofit needs volunteers; there are specific tools and ways to recruit them. The efficiency of the nonprofit will diminish without best practices.…

    • 2315 Words
    • 10 Pages
    Better Essays
  • Good Essays

    Non Profit Analysis

    • 7112 Words
    • 29 Pages

    Pakroo, P. (2012). Building your non-profit 's board. Nolo: Law for All. 1 (5), 1-3.…

    • 7112 Words
    • 29 Pages
    Good Essays
  • Better Essays

    Hopkins, Bruce R.. Starting and Managing A Nonprofit Organization. Hoboken, New Jersey: John Wiley & Sons, Inc., 2009.…

    • 1654 Words
    • 7 Pages
    Better Essays