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Sox Research Paper
Running head: Nonprofits and SOX

Heather Tanenbaum
Student ID: 3750548620
Accounting Capstone: Senior Seminar in Accounting ACC499 004016
Summer 2009
Nonprofits and the Sarbanes Oxley Act
Submitted:
Submitted to: Tee M. Thein
Table of Contents

Abstract

Introduction

SOX regulations for nonprofits
Reasons for nonprofits to adopt SOX

Conclusion

Research file memorandum

Communication memorandum

References

Abstract

Introduction

The Sarbanes-Oxley Act (SOX) of 2002 (U.S. House of Representatives 2002) was passed by congress as a result of a wave of accounting scandals and related financial irregularities in corporations such as Enron, WorldCom and Tyco. SOX is called the most significant securities legislation since 1933 and 1934 securities ACT. The Act attempted to make ethics more black and white rather than a gray area. The increased guidelines have changed businesses and business relationships. These new requirements have placed greater demands on directors, audit committees, auditors and management. Most, of these provisions where only made towards publicly held companies, similar regulations targeted nonprofit organizations (Panel on the Nonprofit Sector 2005). Two hundred and fifteen nonprofit organizations have voluntarily adopted provisions of the Sarbanes-Oxley Act of 2002 (SOX). Many, nonprofits are currently in the process of adopting SOX. The Panel on the Nonprofit Sector (2005), in its final report to Congress in June 2005, recommends more than 120 actions to be taken by charitable organizations, Congress and the IRS (Internal Revenue Service) to strength nonprofits against, transparency, governance and accountability. The most significant provision of the Act is the requirements in Section 404 the reporting on the effectiveness of internal controls over the financial reporting. PCAOB auditing standard 2 requires that the audit of internal control be integrated



References: Anderson, S., and C.L. Kelley. 2006. Advising nonprofit organizations. The CPA Journal 76 (8): 20-26. Beasley, M. S., and S. E. Salterio. 2001. The relationship between board characteristics and voluntary improvements in audit committee composition and experience. Contemporary Accounting Research 18 (Winter): 539-570. BoardSource. 2003. The Sarbanes-Oxley Act and implications for nonprofit organizations. Available at: http://www.boardsource.org/clintfiles/Sarbarnes-Oxley.pdf. Bradbury, M. E. 1990. The incentives for voluntary audit committee formation. Journal of Accounting and Public Policy 9 (1): 19-36. Broude, P. D. 2006. The impact of Sarbanes-Oxley on private & nonprofit companies. Foley and Lardner, LLP. Available at: http://www.foley.com/publications/pub_detail.aspx?puibid=3511. Coles, J. L., D. D. Naveen, and L. Naveen. 2008. Boards: Does one size fit all? Journal of Financial Economics 87 (2): 329-356 D’Aquila, J Gibelman, M., S. Gelman, and D. Pollack. 1997. The credibility of nonprofit boards: A view from the 1990s and beyond. Administration in Social Work 21 (2): 21-39. Grant Thornton LLP. 2006. Grant Thornton National Board governance survey for not-for-profit organizations. Available at: http://www.granthornton.com/staticfiles/GTCom/files/Industries/NotForProfit/nfp_board1.pdf. GuideStar. 2005. Nonprofits, Sarbanes-Oxley, and the states. Available at: http://www.guidestar.org/DisplayArticle.do?articleId=779. Hempel, J., and A. Borrus. 2004. Now the nonprofits need cleaning up; Cozy boardrooms at colleges and charities face increasing government scrutiny. BusinessWeek (June 21): 107. Hymowitz, C. 2005. The Sarbanes-Oxley era, running a nonprofit is only getting harder. Wall Street Journal (June 21): B1. O’Hare, P. 2002. Sarbanes-Oxley raises red flag for not-for-profits. Healthcare Financial Management 56 (10): 42-44. O’Regan, K., and S. M. Oster. 2005. Does the structure and composition of the board matter? The case of nonprofit organizations. Journal of Law Economics and Organization 21 (1): 205-227. Orlikoff, J., and M. Totten. 2004. Applying for-profit governance reforms. Healthcare Executive 19 (3): 52. Panel in the Nonprofit Sector. 2005. Strengthening transparency, governance and accountability of charitable organizations. Available at: http://www.nonprofitpanel.org/final/. Pincus, K., M. Rusbarsky, and J. Wong. 1989. Voluntary formation of corporate audit committees among NASDAQ firms. Journal of Accounting and Public Policy 8 (4): 239-265. Pomeroy, A. 2006. Sarbanes-Oxley costs affect smaller companies the most. HRMagazine 51 (8): 14-16. Silk, T., and R. Fei. 2005. California’s Nonprofit Integrity Act of 2004 (SB 1262). The International Journal for Not-For-Profit Law 7 (2). Available at: http://www.icnl.org/JOURNAL/vol7iss2/ar_silk.htm. Tran, P. 2005. A Sarbanes-Oxley Act for nonprofits? The Practical Lawyer 51 (5): 47-53. U.S. House of Representatives, Committee on Financial Services. 2002. Sarbanes-Oxley Act of 2002. Public Law No. 107-204. Washington, D.C.: Government Printing Office. Vermeer, T. E., K. Raghunandan, and D. A. Forgoine. 2006. The composition of nonprofit audit committees. Accounting Horizons 20 (1): 75-90. Walters, R. 2003. You don’t know what you’ve got till it’s gone. Healthcare Financial Management 57 (3): 94-97. Yermack, D. 1996. Higher market valuation of companies with a small board of directors. Journal of Financial Economics 40 (2): 185-212.

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