Sarbanes-Oxley Reaffirms Securities Exchange Act of 1934
It seems that Sarbanes-Oxley re-affirms the terms of trusteeship of the Securities Exchange Act of 1934.
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Section 906:
Corporate Responsibility for Financial Reports
Section 906 addresses criminal penalties for certifying a misleading or fraudulent financial report. Under SOX 906, penalties can be upwards of $5 million in fines and 20 years in prison. A direct excerpt from the Sarbanes-Oxley Act of 2002 report for section 906:
(a) CERTIFICATION OF PERIODIC FINANCIAL REPORTS. Each periodic report containing financial statements filed by an issuer with the Securities Exchange Commission pursuant to section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)) shall be accompanied by a written statement by the chief executive officer and chief financial officer (or equivalent thereof) of the issuer.
(b) CONTENT. The statement required under subsection (a) shall certify that the periodic report containing the financial statements fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)) and that information contained in the periodic report fairly presents, in all material respects, the financial condition and results of operations of the issuer.
(c) CRIMINAL PENALTIES. Whoever - (1) certifies any statement as set forth in subsections (a) and (b) of this section knowing that the periodic report accompanying the statement does not comport with all the requirements set forth in this section shall be fined not more than $1,000,000 or imprisoned not more than 10 years, or both; or (2) willfully certifies any statement as set forth in subsections (a) and (b) of this section knowing that the periodic report accompanying the statement does not comport with all the requirements set forth in this section shall be fined not more than $5,000,000, or imprisoned not more than 20 years, or both.
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{The Sarbanes-Oxley Act} contains eleven sections, was enacted as a reaction to a number of major corporate and accounting scandals, including Enron, and Worldcom. The sections of the bill cover responsibilities of a public corporation's board of directors, adds criminal penalties for certain misconduct, and required the Securities and Exchange Commission to create regulations to define how public corporations are to comply with the law.
Related:
Sarbanes-Oxley (wikipedia)
sarbanes-oxley-101.com (section 906)
Basel II vs. Sarbanes-Oxley: which wins?
