Saturday, July 03, 2010

Court's Change to SOX Will Not Lead to Its Eventual Repeal


The U.S. Supreme Court ordered a technical change to the SOX accounting rules but did not strike down the law. Most organizations likely will face more regulation in the near future, rather than less.

On 28 June 2010, the U.S. Supreme Court ordered a technical change to the Sarbanes-Oxley (SOX) accounting rules without striking down the Public Company Accounting Oversight Board (PCAOB) entirely. Chief Justice John Roberts said SOX "remains fully operative as a law." The court's opinion is available at http://www.supremecourt.gov/opinions/09pdf/08-861.pdf.

While the Supreme Court's narrow 5-4 ruling upheld the constitutionality of the PCAOB, it also stated that the restrictions on removal of PCAOB members violated the U.S. Constitution's separation-of-power principle.

See full Article.