Tuesday, March 12, 2019
Article Review LAW 421 Essay
The article was a proposal that tried to disengage the reason that congress should repeal the Sarbanes-Oxley Act (SOX Act) of 2002. The passage is seen as a problem because individual felt up that the act was only put in place so government official could feel better active addressing some issues of popular concern rather than resolving the issue. According to Niskanen the SOX act of 2002 is unnecessary, denigrative, and inadequate (2006). Punishments chthonian this act involved jail time and hurt of personal property.The act was viewed as unnecessary because the stock exchange has already address and implemented procedures to deal with most of the issues presented in the SOX act of 2002. Those implementations include accounting standards, prosecution for fraud, audits, and financial reporting procedures. Officials felt that both acts addressed the same issues therefore, congress should deem the SOX act of 2002 unnecessary. The SOX act of 2002 was viewed as harmful because it would reduce the incentive of corporate executives and directors to seek statutory advice (Niskanen, 2006).It was also seen as harmful because it cause a ban on loans to corporate police officer which would pose a problem for compensation. The act was viewed as inadequate because it failed to distinguish and correct the major problems of accounting, auditing, taxation, and corporategovernance that wipe out invited corporate malfeasance and change magnitude the probability of bankruptcy (Niskanen, 2006).Recommendation to make the act better include congress needed to state more clearly that criminal penalties under the SOX act of 2002 needed proof of personal involvement and criminal intent. other recommendation was to reduce the cost it took to implement the act. LEGAL ISSUEThe well-grounded business issues raised in the article monopoly and unconstitutional. Monopoly because SOX act would watch restore control over punishments. Unconstitutional because private businesses were not targeted therefore, public businesses felt that all businesses did not have the same right. MANAGERIAL PERSPECTIVEThe legal issues of the SOX act of 2002 affect the way business operate. Businesses have to have certain(a) measures of internal control with the act. The would also have to report financial accounts accurately and follow certain accounting procedure in their daytime to day business activities. The issued implemented in the SOX act of 2002 could have been avoided if business owners and executives would have exercised fairness and accuracy in the first place. Government would not have had to step in and make these implantations.ReferenceNiskanen, W. A. (2006). Congress Should Repeal the Sarbanes-Oxley Act. Retrievedfrom http//www.cato.org/pub_display.php?pub_id=6624
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