Sarbanes-Oxley Act
Examines this law, which was passed in response to unethical business practices in the United States.
Analytical Essay # 50729 |
1,252 words (
approx. 5 pages ) |
4 sources |
MLA | 2004
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AU$ 30.95
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Abstract
The Sarbanes-Oxley Act was signed into law on July 29, 2002. It was the U.S. government's response to the questionable business practices of a number of corporate executives, which caused across-the-board declines in the value of stock in publicly-traded companies during the summer of 2002. The passage of the Act has been heralded by some as an historic occasion, some calling it a long overdue corporate reform package, while others have severely criticized the Act as an unnecessary overreaction by the government. This paper discusses the business conditions that prompted the passage of the Act, the accounting problems that made the Act necessary, the advantages and disadvantages of the Act, and the effect of the Act on the future of the accounting profession.
From the Paper
"The Corporate Sector in the United States is already sufficiently regulated. Further regulation goes against the principles of a free market economy that is one of the basic principles of the country's economy. What was needed in the wake of bankruptcy scandals was stricter enforcement of the existing laws rather than creating new ones.
The Act was a knee-jerk reaction to the accounting scandals in a tiny percentage of businesses. The new reporting requirements of Sarbanes-Oxley will divert the attentions of managements and boards of directors to self-protection away from the business purposes of companies."
Tags:Enron, Global, Crossing, Adelphia, WorldCom, SPE
Corporate Fraud
A brief account of recent financial scandals and their impact on businesses in America.
Analytical Essay # 27758 |
1,068 words (
approx. 4.3 pages ) |
6 sources |
MLA | 2002
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AU$ 30.95
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Abstract
This paper reviews the recent events in corporate America which have created a hype about fraudulent activities in businesses. The paper offers recent examples of such activity including the Enron scandal, America's biggest corporate collapse. The paper includes a background on the developments in legislature and politics put in place to curb the rising levels of unethical practice. The writer concludes that while to date, unethical business has been passed over, today there are means in place for ensuring businesses are accountable to the American public.
From the Paper
"The boom of the 90's has changed the business environment in ways that will require a reshaping of corporate leadership. Financial scandals and out-of-hand executive compensation demonstrate not only a lapse of ethics and unprecedented greed, but also a disdain for the rule of law. Thus, the most pressing leadership issue for today is how to ensure that corporate officers behave in an ethical manner. The Sarbanes-Oxley Act is a legislative effort designed to promote ethics by holding executives accountable for financial reports."
Tags:sarbanes, oxley, legislature, enron, executive, sec, ceo, andersen
The Sarbanes-Oxley Act
A discussion of the Sarbanes-Oxley Act of 2002 and its shortcomings.
Analytical Essay # 50261 |
935 words (
approx. 3.7 pages ) |
4 sources |
APA | 2004
|
AU$ 19.95
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Abstract
This paper explores the variety of reasons why Sarbanes-Oxley will fall short in meeting many of its objectives for making companies more accountable.
From the Paper
"The future of the accounting profession will be very different under the Sarbanes-Oxley Act (How the Sarbanes-Oxley Act of 2002 impacts the accounting profession 2002). First, auditors will report to an audit committee, not management. This committee must pre-approve all services provided by its auditor. The auditor will need to keep the audit committee informed if accounting policies and practices to be used, alternative treatments of financial information within GAAP that have been discussed with management, accounting disagreements between the auditor and management and other relevant communications between the auditor and management."
Tags:misconduct, management, public, companies, congress, securities, and, exchange, commission
The Sarbanes-Oxley Act
This paper discusses the "Sarbanes-Oxley Act", a comprehensive corporate reform package signed into U.S. law on July 30, 2002.
Term Paper # 53186 |
1,670 words (
approx. 6.7 pages ) |
6 sources |
MLA | 2004
|
AU$ 40.95
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Abstract
This paper explains that the Sarbanes-Oxley Act came about because of the bankruptcies of Enron, Global Crossing, Adelphia, and WorldCom. These companies had hidden their true financial health from creditors and shareholders until an inability to meet financial commitments forced them to restate earnings that revealed massive losses. The author points out that a disadvantage of this Act is that the corporate sector in the United States is already sufficiently regulated, making it one of most tightly controlled in the world. The paper relates that the Sarbanes-Oxley Act restores the all-important role of the auditors as corporate "watchdogs", which is desirable for ensuring compliance with the prescribed accounting standards, and expands the role of the audit committee by making it responsible for appointing and overseeing the performance of the internal auditors.
Table of Contents
Introduction
Background
Accounting Problems that Led to Sarbanes-Oxley
Advantages of the Act
Disadvantages of the Act
Effect of the Act on the Future of Accounting Profession
Opinion
From the Paper
"One of the provisions of Sarbanes-Oxley makes the chief executive officers (CEOs) and chief financial officers (CFOs) personally responsible for signing false accounts and financial statements. They can now get stiff jail terms for violating the law by signing false and misleading financial statements. Before Sarbanes-Oxley many CEOs and CFOs pleaded innocence when financial irregularities were revealed by claiming that they were unaware of the "cooking" of the books by their subordinates."
Tags:enron, worldcom, irregularities, auditors, losses
Gender Inequalities in the Workplace
Examples and critique of gender discrimination in the workforce with reference to two major lawsuits and Title VII of the Civil Rights Act.
Analytical Essay # 2806 |
1,425 words (
approx. 5.7 pages ) |
12 sources |
2001
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AU$ 30.95
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Abstract
This essay serves to examine the wage inequalities between men and women in the modern day workforce. It references two specific examples of gender discrimination; Ann Hopkins' suit against Price Waterhouse in 1982 and Muriel Kraszewski's suit against State Farm. The author also explains in detail the ramifications of Title VII of the Civil Rights Act of 1964, which attempts to protect the rights of women who work in the same jobs as men.
From the Paper
"In order to fully gain equal employment and fairness, traditionally male positions must be opened to females. This is the only way to shatter the glass walls and ceilings that are so prevalent in today's society. Many women have fought discrimination and improved their own lives and the lives of countless other women over the span of several generations. The first step in creating equality in the workplace is to inform women of their rights. The next step is for these women to exercise their rights. Women can no longer allow themselves to be excluded from the workforce. Individuals concerned about equality should press for the continuation and strengthening of better paying jobs for women, and this support must not come from women alone. In order for our society to foster this change, we must understand why these changes are necessary. Society requires that men and women work together and this is not likely to change. What must change is the way that we work together. "
Tags:ceiling, discrimination, gender, glass, inequalities, segregation, sex, title, vii, wage
Sarbanes-Oxley Act
An overview of this 2002 law following a period of corruption in America's corporate world, as well as how the act impacts the accounting profession.
Analytical Essay # 29385 |
1,193 words (
approx. 4.8 pages ) |
3 sources |
MLA | 2002
|
AU$ 30.95
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Abstract
Corporate greed and corruption has changed the face of American business forever. Corporate greed was the primary factor in the downfall of Enron, Global Crossing and MCI WorldCom. The paper shows that the governing bodies, the Securities and Exchange Commission, the Senate, NASD and other powers that be decided to act and in 2002, the Senate introduced the Sarbanes-Oxley Act of 2002. The paper describes how this new law impacts CPA's, CPA firms auditing public firms, publicly traded firms and their employees, lawyers, brokers, dealers, investment bankers and financial analysts who work for or have as clients as publicly traded companies. The paper looks at the mission and purpose of the law and examines its affect on the accounting industry.
Table of Contents:
Abstract
Executive Summary
Introduction
Purpose and Mission
What it does
The Effect of Sarbanes Oxley on the Accounting Profession
New Rules, New Practices
From the Paper
"In addition to the mandates outlined above, Sarbanes Oxley Act allows for additional provisions that seek to prevent conflicts of interests that can be a precursor to corporate corruption. The Act bans what is known as the "revolving door", prohibiting registered CPA firms from auditing any SEC registered client whose chief executive, CFO, controller or equivalent was on the audit team of the firm within the past year. This Act is crucial to help lessen the "you wash my back, and I'll wash yours mentality. Another significant rule calls for auditors to be rotated every 5 years. This way, no auditor can audit a client for more than five consecutive years."
Tags:SEC, PCAOB, Arthur, Andersen
An explanation of the Postal Acceptance Rule Online.
Essay # 45397 |
1,755 words (
approx. 7 pages ) |
5 sources |
APA | 2000
|
AU$ 40.95
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Abstract
A specific answer to a scenario set by a teacher regarding online commerce and how it works. This paper provides a scenario of on-line commerce where someone bets on a horse race on-line. The paper explains how the law could work to accept this postal bet as a real bet. Included are a number of scenarios to show how the bet would have to take place in order to meet the time and legal constraints.
From the Paper
"When looking at the legalities of the Boniface betting scenario, it is important to define what is understood by the technical terms involved. It is a complicated process going through servers and ISP's, one that can be defined by breaking the links down and analyzing where the individual links are. When using computers connected to ISP's and using betting webpages and their related servers, definitions must be made as to the process of the transaction."
Tags:acceptance, commerce, law, postal, rule, tab
An analysis of the effect of the presumption of registrability introduced by s. 33 of the Australian Trade Marks Act 1995.
Analytical Essay # 109162 |
2,690 words (
approx. 10.8 pages ) |
6 sources |
MLA | 2005
|
AU$ 60.95
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Abstract
This paper explains that one of the main changes introduced by the new Trade Marks Act is the "presumption of registrability" prescribed by s 33, which prescribes that an application for registration must be accepted unless the Registrar is satisfied that there are grounds for rejecting it. Thereby, the onus is no longer on the applicant to establish registrability but instead is shifted to the Registrar. The author reviews various cases and discovers an inconsistency in the court's interpretation and application of s 33 insofar as examination practice is concerned. The paper concludes that case law appears to be slightly more inclined to an interpretation that a trade mark will be registered unless there is some specific objection to it.
Table of Contents:
Historical Framework
Examination Today
Section 41
Interpretations by the Courts
Conclusion
From the Paper
"In 'Kenman Kandy v Registrar of Trade Marks' (2002) 56 IPR 30, the millennium bug shape was rejected for being not inherently adapted to distinguish. On appeal to the federal court, however, it was explicitly stated that the impact upon the access of other traders to the use of insect like shapes as trade marks is speculative. That is, the likelihood that other traders in the course of their businesses, and without improper motives, would desire to use a shape such as the millennium bug, and in other words, the bug's inherent adaptability to distinguish, is speculative."
Tags:appeal, applicant, ground, adaptability, court
Sexual Harassment in the Workplace
Defines what constitutes sexual harassment for the female in the American workforce.
Analytical Essay # 3243 |
1,250 words (
approx. 5 pages ) |
6 sources |
2001
|
AU$ 30.95
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Abstract
This paper discusses the issue of sexual harassment in the Amercian workplace. It categorizes what type of conduct may be considered harassment, and briefly explains the annti-discrimination policy guidelines Equal Employment Opportunity Commission.
Definition Of Sexual Harassment:
Quid Pro Quo
Hostile Working Environment
From the Paper
"With the rapidly changing corporate culture, organizations in the United States are required to focus their attention on eradication of discriminatory practices in the workplace especially those connected with gender. Sexual harassment is one such problem, which has become the worst form of gender discrimination on job in recent years. Complaints of sexual harassment are rising dramatically and while American corporations are showing active interest in resolving the issue, new cases are still being reported in every part of the country. Davis (1998) writes, "In 1986, the Equal Employment Opportunity Commission began tracking sexual harassment cases and found 2,850 filed. By 1995, these claims had climbed to over 15,000 for the year." (Restaurant Hospitality, pp. 122)"
Tags:discrimination, behavior, employee, worker, women, female, environment, harassment, hostile, proquo, quid, sexual, workplace, civil, rights, EEOC, Equal, Employment, Opportunity, Commission
A discussion of the developments in the effort to limit the liability of auditors and firms providing audit services.
Analytical Essay # 59145 |
1,914 words (
approx. 7.7 pages ) |
16 sources |
MLA | 2004
|
AU$ 40.95
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Abstract
Following the collapse of Enron and WorldCom and the flow on effects to Arthur Anderson, legislatures world wide are recognizing the need to reform the exposure of auditors and their firms to claims of negligence. This paper examines the merits of limiting the legal liability of auditors. The paper considers the measures recommended in Corporate Law Economic Reform Program (CLERP 9) and explores other practices adopted around the world.
From the Paper
"Many of the principles setting out the legal liability of auditors are found in the common law. In the case Re: London & General Bank Ltd (No. 2) , the court held that an auditor must exercise reasonable care and skill, the level of which was dependant on the circumstances. These findings were confirmed in Re: Kingston Cotton Mill Company (No. 2) , where Lopes stated that the auditor was "...a watch-dog, but not a bloodhound" and that he was only required to investigate matters which aroused suspicion. These standards of reasonable care and skill are not static, they change with time, per the findings of Pennycuick J in Re: Thomas Gerrard & Son Ltd."
Tags:clerp9, incorporation, proportionate