Sarbanes Oxley Compliance - Will Tighter Controls Work?
Sarbanes Oxley act had been levied for tighter controls and
stricter regulations for company's internal controls. According
to the Sarbanes Oxley compliance companies with market
capitalization of more than $75 million need to file their
financial reports by the June 15th. This date was alter amended
up to 15th November. All other companies need to files their
financial return for any fiscal year by 15th July.
Sarbanes Oxley compliance with section 302 requires any CEO or
CFO to certify the accuracy of annual or quarterly financial
reports for the company. Any inaccurate or falsified facts are
subject to penalty under law. This section also makes a CEO or
CFO to establish and maintain internal controls. It also makes
them eligible to evaluate these controls and measure their
effectiveness. As per Sarbanes Oxley compliance, a CEO or a CFO
is eligible to report any deficiency in the design and
operations of internal controls. They can report any fraud and
rectify any errors in the system of internal controls.
Sarbanes Oxley compliance with section 404 requires the
company's annual report to carry a report on internal controls
of the company. This report on internal controls as per the
Sarbanes Oxley compliance should state the role of management in
maintaining and establishing total internal controls in the
financial system of the company.
In case of IT companies, they are also required to be in
Sarbanes Oxley compliance while filing their financial reports
for any fiscal year. An IT person with business perspective can
spearhead the compliance effort of any IT project. IN case of IT
companies the internal controls need to be broken up in to two
categories of general controls and applications controls. As per
the Sarbanes Oxley compliance for an IT company it is required
to evaluate the systems processes that end up effecting key
controls over financial reporting.
A good idea to implement Sarbanes Oxley compliance is to begin
with simple and normal Sarbanes Oxley compliance controls. Then
one should work backwards to determine the systems and processes
that need to be documented in the financial report.
In case of companies where the work is outsourced the Sarbanes
Oxley compliance needs to be documented in differently. This is
because the total work is done by an external agency. This is
also especially important because any external agency would
never give any document or certificate like SAS70 Type II or
similar report. In such a case the company is required to
document the whole process that has been outsourced as if the
whole process has been done internally and state all the
internal controls and regulation applied on that process which
has been outsourced.
In some cases it is suggested that as per Sarbanes Oxley
compliance that the IT department is required to hold the keys
to maintaining logs, usernames and passwords for the financial
controls. This is not mandatory for all companies. Usually an IT
department is required to create the roles and finance
department directs as to who would hold the keys to those roles
specified. But some times it is risky to implement such a
practice. This is because if the IT department reviews the logs
and holds the key to manage them it might be possible that some
important records would be deleted. Thus in such a case the
Sarbanes Oxley compliance states that the usernames and
passwords etc should be with the IT department and finance
department should have the last word on the same.