| About SOX
The
Sarbanes-Oxley
Act
(SOX) of
2002 is
one of
the most
important
laws
impacting
public
corporations
to be
passed
in many
years.
The
purpose
of SOX
is to
protect
investors
from a
continuation
of the
many
accounting
scandals
over the
past
decade.
The SOX
places
the onus
on
companies
and
registered
accounting
firms to
comply
with
stringent
rules
regarding
the
accuracy
and
reliability
of
specific
information
by
strengthening
maintenance
requirements
of
records,
and the
auditing/reporting
of these
records.
Some of
the
provisions
of the
Act
define
what
must be
maintained,
how long
relevant
material
must be
maintained,
accounting
procedures
requirements,
and
consequences
(criminal
and
civil)
for
failure
to
follow
the Act.
(There
is no
specific
language
about
the
mechanism
or
method
of
storing
information
in the
Act). In
placing
a more
rigorous
requirement
on
financial
reports
the
storing
of the
records
becomes
vitally
important
because
the
trail of
transactions
must be
secure.
The
regulated
companies
in
choosing
a
storage
method
will
therefore
look to
a format
that
will
insure
it can
satisfy
the
legal
requirements
of the
SOX, in
other
words,
the
increased
use of
online
remote
data
storage
facilities/programs.
Since an online computer data storage facility is not
privy to the contents of the information it stores for a
client, the facility is not responsible for ensuring that
its customer is in compliance with what is being kept or who
in the company (including independent auditors) has access;
but is accountable for the availability and security of the
information being stored. The online computer data storage
facility must have safe guards in place to ensure quality
control standards include the following:
- That information stored cannot be
tampered with (altered) by any employee;
- That the client can ascertain when
the information was created; (The records kept must
allow a trail of transactions to be discernable so that
ongoing transactions are kept in sequence.)
- That safeguard is in place to ensure
that information is available only to the client's
authorized personnel;
- That records are accessible whenever
needed; and
- That the facility has the ability to
maintain the data for the period stated in the Act.
(Section 103 (a) (2) (A) (i): audit work papers and
other information rating to any audit report is to be
kept for a period not less than 7 years).
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