《萨班斯-奥克斯利法案》的目标与前景

The Goals and Promise of the Sarbanes–Oxley Act

Journal of Economic Perspectives · 2007
被引 452
人大 A-ABS 4

中文导读

回顾了《萨班斯-奥克斯利法案》的主要目标,即改善美国上市公司审计,并分析了其核心机构PCAOB的创建及第404条规定的成本与长期收益,认为应改进实施而非废除该法案。

Abstract

The primary goal of the SarbanesOxley Act was to fix auditing of U.S. public companies, consistent with its full, official name: the Public Company Accounting Reform and Investor Protection Act of 2002. By consensus, auditing had been working poorly, and increasingly so. The most important, and most promising, part of SarbanesOxley was the creation of a unique, quasi-public institution to oversee and regulate auditing, the Public Company Accounting Oversight Board (PCAOB). In controversial section 404, the law also created new disclosure-based incentives for firms to spend money on internal controls, above increases that would have occurred after the corporate scandals of the early 2000s. In exchange for these higher costs, which have already fallen substantially, SarbanesOxley promises a variety of long-term benefits. Investors will face a lower risk of losses from fraud and theft, and benefit from more reliable financial reporting, greater transparency, and accountability. Public companies will pay a lower cost of capital, and the economy will benefit because of a better allocation of resources and faster growth. SarbanesOxley remains a work in progress -- section 404 in particular was implemented too aggressively - but reformers should push for continued improvements in its implementation, by PCAOB, rather than for repeal of the legislation itself.

萨班斯-奥克斯利法案上市公司审计PCAOB内部控制投资者保护