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Age of Consequences
The Sarbanes-Oxley Act, signed into
law by President George W. Bush on July 30, 2002, brought sweeping
reforms that have an impact on broad areas of corporate governance,
auditing and disclosure, and carry implications for nearly every
CFO, CEO, COO, controller and board member in corporate America.
When signing the Sarbanes-Oxley
Act, President Bush said, "Today I sign the most far-reaching
reforms of American business practices since the time of Franklin
Delano Roosevelt. This law says to shareholders that the information
you receive from a company will be true and reliable, for those who
deliberately sign their names to deception will be punished."
We all live in the Age of
Consequences, especially chief officers. After all, SEC sets out
penalties for willful and knowing violations of this section are a
fine of as much as $5 million and/or imprisonment for up to 20
years.
The Sarbanes-Oxley Act transfers
liability and responsibility from the corporate entity to chief
officers. Under section 404, chief officers must certify that
internal controls are in place.
Of Sarbanes-Oxley's numerous
sections, 404 is the most complex and specialized to comply with.
Previously, all audits began with a blank piece of paper; section
404 requires an auditor-to-auditor communication, prior to both the
independent auditor's evaluation of internal controls and the chief
officer's certification.
Management signs off on
policies, processes, methodologies, people and responsibilities, and
verifies that systems actually exist and are functioning
effectively. Specifically, the following details must be in place:
1) easily monitored business process models; 2) managed records and
documents; 3) written list of employees' responsibilities and
accountability; 4) risk controls to provide a 48-hour snapshot of
what took place in the system, when and by whom.
Through Sarbanes-Oxley,
corporations will embrace "best practice" technology and
vastly improve the connections between process, people and
technology. Furthermore, the SEC recommends COSO evaluation criteria
to evaluate Sarbanes-Oxley section 404 because the process provides
assurance regarding effectiveness and efficiency of operations and
compliance with applicable laws and regulations. ßetaWatch
is well-versed in COSO evaluation criteria, and regularly posts a
free quick and informative e-note http://www.betawatch.com/sarbanes-oxley-primer/index.htm.
ßetaWatch
can help management keep up with the stringency required by
Sarbanes-Oxley, section 404. ßetaWatch
would like to be your technology audit partner to help you achieve,
within specified timeframes, section 404 compliance.
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