Can legislation restore public trust? : an analysis of the Sarbanes-Oxley Act 2002

Abstract

Financial statement requirements, the Board of Directors, and the audit committee all represent methods of controlling the business decision of management in an effort to protect the investments of investors and creditors. At times, management and auditors have incentives to misrepresent the financial statements, or to exploit the accounting and reporting model, or the attest and assurance standards even though there are compelling moral and economic reasons to act ethically. Despite the high levels of legal liability, potential public embarrassment, and possible bankruptcy, some management and auditors fail to act ethically or to follow even basic professional standards. The consequences of even just a few individuals' misdeeds can have a dramatic impact on investors' confidence in financial reporting and the capital markets. This thesis probes the question of what role can legislation play in restoring public trust when it appears that all institutions that provide protection against large-scale fraud have failed to varying degrees.