3.4 CATALYSTS FOR THE SARBANES-OXLEY ACT 2002
The dramatic and highly publicised failing of large corporations arising from corporate mismanagement
and fraud, in particular Enron, WorldCom and Tyco International, exposed significant
corporate governance shortcomings. The analysis of their complex root causes (see
Box 3.6) contributed to the introduction of Sarbanes-Oxley Act in 2002. The Act takes its
name from its main architects, Senator Paul Sarbanes and Representative Michael Oxley. It
is generally recognised as one of the most significant market reforms since the passage of
the securities legislation of the 1930s. It is intended to help protect investors and restore
investor confidence by improving the accuracy, reliability and transparency of corporate financial
reporting and disclosures, and reinforce the importance of corporate ethical standards.
Public and investor confidence in the fairness of financial reporting and corporate ethics was
seen as being critical to the effective functioning of the capital markets. The Act’s requirements
apply to all public companies regardless of size and the public accounting firms that
audit them.