The OECD principles represent the first initiative by an inter-governmental organization to develop the core element of a good corporate governance regime. There is no single model of good corporate governance: different approaches have develop around the world .although principles are non- binding, it is the interest of the countries and corporations to assess their cg regimes and take the principles to heart .the principles are part of a broader international efforts to promote increased transparency, integrity and the rule of law
The OECD represent the first initiative by intergovernmental The organisation for economic corporation and development OECD consists of 34 member countries who share a commitment to democratic market and government and a market economy. It share expertise and exchange views with more than 100 other countries, non-government organisations and civil societies. The OECD brings together the government of countries committed to democracy and the market economy from around the world to-(http://www.oecd.org/pages/0,3417,en_36734052_36734103_1_1_1_1_1,00.html)
Support sustainable economic growth
Boost employment
Raise living standards
Maintain financial stability
Assist other countries' economic development
Contribute towards growth in the world trade.
One of the OECD early projects was to develop a set of principles of corporate governance. The first such set was completed in 1999 under the title OECD principles of corporate governance (OECD principles of corporate governance 1999).These principles provided minimum requirements for best practices and were not aimed at promoting single corporate governance for all OECD countries, but rather at promulgating principles that could be applied in all OECD and non OECD countries.
The OECD principles note that most OECD countries already have in place both mandatory and voluntary disclosure arrangements. The main advantage of strong disclosure regime is that it promotes transparency, ensures effective monitoring of companies and is central to shareholders ability to exercise their ownership rights on an informed basis. Disclosure is also powerful tool with which to influence the behaviour of companies and protect investors. Community interest company CIC 2005 .one of the unique aspect of the OECD principles is that they operate borders and without preference for any particular corporate law system or board structure -they focus in the true sense of the word, on the sense of the word, on 'the principle of corporate governance'. These principles provides some of the most convincing arguments for why good corporate governance is important and why adhering to good corporate governance adds value to corporation. Plessis, Anil ,Bagaric (2005).
These principles required provide minimum requirements for best practices and were not aimed at promoting a single corporate governance model for all OECD countries, but rather at promulgating principles that could be applied in all OECD and non OECD countries . The Guidelines are recommendations addressed by governments to multinational enterprises operating in or from adhering countries (the OECD members plus Argentina, Brazil and Chile).
They provide voluntary principles and standards for responsible business conduct, in a variety of areas including employment and industrial relations, human rights, environment, information disclosure, competition, taxation, and science and technology The Guidelines establish principles covering a broad range of issues in business ethics including information disclosure, employment and industrial relations, environment, corruption, consumer interests, science and technology, competition, and taxation; The common aim of the governments adhering to the Guidelines is to encourage the positive contributions that multinational enterprises can make to economic, environmental and social progress and to minimise the difficulties to which their various operations may give rise.
Sarbanes-Oxley is the U.S. federal law to regulate the accounting and auditing practices of publicly traded companies the officially it is called "public Accounting Reform and Investor and Investor Protection Act". It became law in August 2002,with most of the financial detailed rules and regulation released by the end of the following year .As the name is a bit long business professional generally refer it as SOx and other as Sarbox, among many other variations. Sox has introduced a totally changed process of issuing external auditing standards, reviewing external auditor performance, and giving new governance responsibilities to senior executive and board members the PACAOB rule setting authority issue financial auditing standards and monitor external auditor professional ethics and performance. As happens with all comprehensive federal laws, an extensive set of specific regulation and administrative rules has been developed by the SEC from the board guidelines in the SOx text. Starchan and Tomlinson(2007).
Sarbanes-Oxley Act of 2002 was enacted to combat securities and accounting fraud and include among other things, provisions for new accounting oversight board, stiffer penalties for violators, and higher standard of corporate governance. In this section I would high light few section of Sarbanes-Oxley Act which intended to prevent Accounting Misconduct some of the components of the Act and how it could stop these types of situations from happening again. According to section 104 Sarbanes-Oxley Act would do inspection of Registered Public Accounting Firms and the IT will verify the financial statements are accurate and this helps to prevent use of questionable or illegal accounting practices. Section 201 helps services outside the scope of auditors ; Prohibited Activities the purpose of this section is restrict auditors to audit activities only so that it can stop improper relationships, reduce likelihood of compromising good audit for more revenue. section 302: Corporate Responsibility for financial Reports would help making executive personally liable for ensuring that statements are reported accurately so that it can stop companies from publishing misleading statements. Title VIII Corporate and Criminal Fraud Accountability Act of 2002 would do make it a felony to impede federal investigation, provides Whistle-blower protection this Act would could prevent destruction of documents, will allow investigators to review work of auditors. Section 404 management assessments of internal controls gives auditor a voice outside of the audit to attest to policies demonstrated by the company this section could prevent information slipping by the SEC and stakeholders by giving more visibility to the firm.
For the accounting profession, Sarbanes-Oxley emphasizes auditor independence and quality, restricts accounting firms' ability to provide both audit and non-audit services for the same clients, and requires periodic reviews of audit firms. The Corporate Ethics and compliances steering committee shall determine appropriate actions to be taken in the event of violations of the code by the CEO and the company senior financial officer. Such action shall be reasonably designed to deter wrongdoing and to promote accountability for adherence to the code.
In determining what action is appropriate in a particular case, the Corporate ethics and compliance Steering committee shall take in to account all relevant information, including severity of the violation, whether the violation was a single occurrence or repeated occurrence or repeated occurrence, whether the individual in question had been revised prior to the violation as to the proper course of action and whether or not the individual in question had committed other violations in the past. The corporate ethics and compliance steering Committee must report periodically any actions taken pursuant to this paragraph to the ethics and Compliance Committee of the Board of Directors. Any waiver of or amendments to the code of Ethics for Senior Financial Officers and the CEO must be approved by the ethics and compliance committee of the Company's Board of Directors.
