Effectiveness of the Sarbanes-Oxley Act

ody">The number of companies having to change their
The Sarbanes-Oxley Act was passed, in part, to fightbusiness practices has been large; Hermanson,
the evils of unethical behavior. Has it been worth theIvancevich, and Ivancevich have noted that 55% of
cost? The verdict on the efficacy of S-Ox is still anpublic companies have changed revenue recognition
open question, though initial indications have been thatpolicies, and 8% have had to file earnings restatements
§404 has been successful in improving the(2008). They do note, though, that internal control
transparency of financial reports along with theweakness reports have been declining among larger
reliability of financial reports. These benefits have notcompanies, and that this is a demonstration of the
come without costs, however, including an increase ineffectiveness of S-Ox, particularly § 404
privatization, smaller profit margins, and an increase in(Hermanson, et al., 2008).
redundancy costs. This analysis seeks to balanceHowever, the benefits have not come without a cost.
some of those costs against their benefits.Dodwell notes the costs as including smaller profit
A trend towards increased privatization of formerlymargins due to increased compliance costs,
public companies was apparent even before S-Oxopportunity costs of deciding not to pursue some
was signed (Megginson & Netter, 2001), thoughotherwise economically valuable opportunities,
there has been some speculation that privatization hasredundancy costs, increased costs to hire auditors
increased even more because of S-Ox (Dodwell,(whose hourly rates have increased due to greater
2008). There have been some benefits, Dodwelldemand), and an increase in the number of companies
asserts: transparency and reliability of financial reportsdeciding not to be listed on the U.S. stock exchanges
has increased, motivation to improve transactionbut instead seeking foreign listing (2008).
controls out of fear of failing an audit, emphasis on theIn the long run, will the benefits of the Sarbanes-Oxley
control environment and mindset, and even the use ofAct prove to be worth the costs? The initial reports
S-Ox documentation as a training tool for newsuggest that the answer may be a qualified yes.
employees and a backup and communication deviceReferences:
(2008, p. 40).Dodwell, W.J. (2008, August). Six years of the
One of the largest private companies in America,Sarbanes-Oxley Act: Are we better off? The CPA
Hospital Corporation of America (HCA), owns,Journal, 78(8),38-43.
manages, or operates 169 hospitals, along with manyHermanson, D.R., Ivancevich, D.M., & Ivancevich,
surgery, imaging, radiation, and rehabilitation centers,S.H. (2008, October). Sox section 404 material
was public from 1990 to 2006, when it was takenweaknesses related to revenue recognition. The CPA
private. Like Henry Ford taking Ford Motor Car privateJournal, 78(10), 40-45.
in 1916 after being ordered by a court to pay outMegginson, W.L. and Netter, J.M. (2001, June). From
retained earnings to shareholders (Dodge v. Fordstate to market: A survey of empirical studies on
Motor Co., 204 Mich. 459 (1919)), HCA did not want toprivatization. Journal of Economic Literature.
live by the Sarbanes-Oxley rules.