The federal Sarbanes Oxley Act was established in 2002 in the wake of the corporate financial scandals at Enron and other large companies. The SOX act requires companies to set up standardized financial reporting protocols, checks and balances. Top management also must certify the integrity and accuracy of the financial statements.
The best contacts and resources to help you get it done
Obtain a summary of SOX requirements
If you're a corporation, you need to know the details of Sarbanes-Oxley and you must bring yourself into compliance. Several Web sites, including the federal government's Securities and Exchange Commission, list the requirements
I recommend: Check out these sites for a summary of what you must do to comply:
SWLearning,
SoxLaw.com, the
SEC SoxAct page
Get help from your audit firm
The company that audits your business can advise you on how to comply and how to keep proper records that comply with Sarbanes-Oxley regulations.
I recommend: The American Institute of Certified Public Accountants lists ways your CPA firm can help you get on the right side of the regulations.
Set up a whistle-blower policy
Sarbanes-Oxley requires you to establish a whistleblower policy that protects the whistleblower from retaliation. Common policies include sections on confidentiality and handling of reported violations, usually to a member of the audit committee.
I recommend: Find a sample whistler-blower policy that you can tailor to your company from the
National Council of Nonprofit Associations.
Follow document retention requirements
One of the key components of SOX is retention of records for a certain period of time. The best way to do this is set up a record retention policy that complies with the act and generally accepted accounting principles.
I recommend: Download a sample record retention policy from the
American Bar Association, make sure you're in compliance with SOX and other state and federal regulations on record retention by checking a table from this
QuickBooks site, and find a list of questions to ask when setting up a retention policy from the Web site of law firm
Holme Roberts & Owen.
Use special software programs
From helping you set up internal controls to testing and managing databases, software can help you comply with the Sarbanes-Oxley Act.
I recommend: You can get SOX software from
Expensewatch.com and
Quask.
Set up an audit committee
You must set up an audit committee and designate responsibilities to certain members. SOX mandates that certain committee members have specific financial certifications.
I recommend: This
CPA Journal guide tells you how to set up an audit committee that meets requirements, as does this
Securities & Exchange Commission guide. The
Institute of Internal Auditors provides a sample audit committee charter.
Publicly traded companies have additional SOX responsibilities
If you're a publicly traded company, senior management must certify the integrity of your financial statements. You are also subject to audits of your internal controls and limitations on personal loans to executive officers or directors.
I recommend: For a list of the additional responsibilities of a publicly traded company, click on the
University of West Georgia guide and this
CPEOnline primer.