Sarbanes-Oxley Act of 2002 : law and explanation : as signed by President George W. Bush on July 30, 2002 / James Hamilton, Ted Trautmann.

Format:

Book

Contributor:

Hamilton, James, 1947-2015.

Trautmann, Ted.

CCH Incorporated.

Language:

English

Subjects (All):

United States. Securities and Exchange Commission.

United States.

United States. Sarbanes-Oxley Act of 2002.

Corporate governance--Law and legislation--United States.

Corporate governance.

Corporate governance--Law and legislation.

Auditing, Internal--Law and legislation.

Disclosure in accounting--Law and legislation.

Disclosure in accounting.

Directors of corporations--Legal status, laws, etc--United States.

Directors of corporations.

Directors of corporations--Legal status, laws, etc.

Securities fraud--United States.

Securities fraud.

Disclosure in accounting--Law and legislation--United States.

Auditing, Internal--Law and legislation--United States.

Auditing, Internal.

Physical Description:

235 pages ; 22 cm

Place of Publication:

Chicago : CCH Inc., [2002]

Contents:

Accounting Oversight Board 102

Auditor Independence 103

Corporate Governance and Responsibility 104

Issuer and Management Disclosure 105

Analyst Conflicts of Interest 106

Fraud and Criminal Penalties 107

Chapter 2 Accounting Oversight Board

Membership 202

Powers and Duties 203

Rulemaking 204

Registration 205

Foreign Accounting Firms 206

Funding 207

Standard-Setting Role

In General 220

Particular Mandated Standards 221

Professional Bodies and Advisory Groups 222

Inspections

In General 230

Scope and Procedure 231

Report 232

Interim SEC Review 233

Investigations and Disciplinary Actions

In General 240

Investigations 241

Disciplinary Proceedings 242

SEC Oversight of Board

In General 250

Board Rules 251

Board-Imposed Sanctions 252

Sanctions Against Board 253

Accounting Standards

In General 260

Principles-based Accounting Study 261

Chapter 3 Auditor Independence

Non-Audit Services 301

Audit Committee Pre-Approval of Services 302

Audit Partner Rotation 303

Report to Audit Committee 304

Cooling Off Period 305

State Standards 306

Chapter 4 Corporate Governance and Responsibility

Audit Committees 401

Certification of Financial Statement 402

Improper Influence on Audits 403

Forfeiture of Bonuses and Profits 404

Officer and Director Bars 405

Equitable Relief 406

Insider Trades During Blackout Periods 407

Attorney Professional Responsibility 408

Funds for Investors 409

Chapter 5 Issuer and Management Disclosure

Disclosures in Periodic Reports 501

Loans to Officers and Directors 502

Insider Transactions 503

Management Assessment of Internal Controls 504

Investment Companies 505

Financial Officer Code of Ethics 506

Audit Committee Financial Expert 507

Enhanced SEC Review of Disclosures 508

Real Time Disclosures 509

Chapter 6 Analyst Conflicts of Interest

In General 601

Disclosure of Conflicts 602

Anti-Retaliation Protections 603

Chapter 7 SEC Resources and Authority

SEC Appropriations 701

Discipline of Professionals 702

Penny Stock Bar 703

Securities Industry Bar 704

Freeze Authority 705

Rulemaking Power 706

Chapter 8 Studies and Reports

Consolidation of Accounting Firms 801

Credit Rating Agencies 802

Aiding and Abetting 803

Enforcement Actions 804

Investment Banks 805

Chapter 9 Fraud and Criminal Penalties

Securities Fraud Felony 901

Corporate Audit Records 902

Statute of Limitations 903

Bankruptcy Discharges 904

Obstruction of Justice 905

Mail and Wire Fraud 906

Sentencing Guidelines 907

Whistleblower Protections 908

Exchange Act Penalties 909

ERISA Penalties 910

Part II. Sarbanes-Oxley Act of 2002

Sec. 1 Short title; Table of contents 1000

Sec. 3 Commission rules and enforcement 1000B

Title I Public Company Accounting Oversight Board

Sec. 101 Establishment; administrative provisions 1001

Sec. 102 Registration with the board 1002

Sec. 103 Auditing, quality control, and independence standards and rules 1003

Sec. 104 Inspections of registered public accounting firms 1004

Sec. 105 Investigations and disciplinary proceedings 1005

Sec. 106 Foreign public accounting firms 1006

Sec. 107 Commission oversight of board 1007

Sec. 108 Accounting standards 1008

Sec. 109 Funding 1009

Title II Auditor Independence

Sec. 201 Services outside the scope of practice of auditors 1011

Sec. 202 Preapproval requirements 1012

Sec. 203 Audit partner rotation 1013

Sec. 204 Auditor reports to audit committees 1014

Sec. 205 Conforming amendment 1015

Sec. 206 Conflicts of Interest 1016

Sec. 207 Study of mandatory rotation of registered public accounting firms 1017

Sec. 208 Commission authority 1018

Sec. 209 Considerations by appropriate state regulatory authorities 1019

Title III Corporate Responsibility

Sec. 301 Public company audit committees 1021

Sec. 302 Corporate responsibility for financial reports 1022

Sec. 303 Improper influence on conduct of audits 1023

Sec. 304 Forfeiture of certain bonuses and profits 1024

Sec. 305 Officer and director bars and penalties 1025

Sec. 306 Insider trades during pension fund blackout periods 1026

Sec. 307 Rules of professional responsibility for attorneys 1027

Sec. 308 Fair funds for investors 1028

Tittle IV Enhanced Financial Disclosures

Sec. 401 Disclosures in periodic reports 1029

Sec. 402 Enhanced conflict of interest provisions 1030

Sec. 403 Disclosures of transactions involving management and principal stockholders 1031

Sec. 404 Management assessment of internal controls 1032

Sec. 405 Exemption 1033

Sec. 406 Code of ethics for senior financial officers 1034

Sec. 407 Disclosure of audit committee financial expert 1035

Sec. 408 Enhanced review of periodic disclosures by issuers 1036

Sec. 409 Real time issuer disclosures 1037

Title V Analyst Conflicts of Interest

Sec. 501 Treatment of securities analysts by registered securities associations and national securities exchanges 1039

Title VI Commission Resources and Authority

Sec. 601 Authorization of appropriations 1041

Sec. 602 Appearance and practice before the Commission 1042

Sec. 603 Federal court authority to impose penny stock bars 1043

Sec. 604 Qualifications of Associated Persons of Brokers and Dealers 1044

Title VII Studies and Reports

Sec. 701 GAO study and report regarding consolidation of public accounting firms 1045

Sec. 702 Commission study and report regarding credit rating agencies 1046

Sec. 703 Study and report on violators and violations 1047

Sec. 704 Study of enforcement actions 1048

Sec. 705 Study of investment banks 1049

Title VIII Corporate and Criminal Fraud Accountability

Sec. 801 Short title 1051

Sec. 802 Criminal penalties for altering documents 1052

Sec. 803 Debts non-dischargeable if incurred in violation of securities fraud laws 1053

Sec. 804 Statute of limitations for securities fraud 1054

Sec. 805 Review of federal sentencing guidelines for obstruction of justice and extensive criminal fraud 1055

Sec. 806 Protection for employees of publicly traded companies who provide evidence of fraud 1056

Sec. 807 Criminal penalties for defrauding shareholders of publicly traded companies 1057

Title IX White Collar Crime Penalty Enhancements

Sec. 901 Short title 1059

Sec. 902 Attempts and conspiracies to commit criminal fraud offenses 1060

Sec. 903 Criminal penalties for mail and wire fraud 1061

Sec. 904 Criminal penalties for violations of ERISA 1062

Sec. 905 Amendments to sentencing guidelines relating to certain white collar offenses 1063

Sec. 906 Corporate responsibility for financial reports 1064

Title X Corporate Tax Returns

Sec. 1001 Sense of the Senate regarding the signing of corporate tax returns by CEOs 1065

Title XI Corporate Fraud Accountability

Sec. 1101 Short title 1067

Sec. 1102 Tampering with a Record or Otherwise Impeding an Official Proceeding 1068

Sec. 1103 Temporary Freeze Authority for the SEC 1069

Sec. 1104 Amendment to the Federal Sentencing Guidelines 1070

Sec. 1105 Authority of the Commission to Prohibit Persons from Serving as Officers and Directors 1071

Sec. 1106 Increased Criminal Penalties under Securities Exchange Act of 1934 1072

Sec. 1107 Retaliation Against Informants 1073

Part III. Legislative History

Selected portions of Senate Banking Committee Report No. 107-205 2001

Selected portions of House Financial Services Committee Report No. 107-414 3001

Selected Congressional Record materials 4001.

Notes:

Includes index.

ISBN:

0808008404

OCLC:

50325128