I
n July 2002, Con-
gress passed the
Sarbanes-Oxley Act
(SOX) that imposes
unprecedented require-
ments on audit com-
mittees, the auditing
profession, and corpo-
rate management to
reduce the risk of
future financial report-
ing and asset theft
(hereafter referred to
as fraud) scandals.
One provision of SOX,
Section 404, requires
management to report on the
effectiveness of their company’s
internal controls over financial
reporting. Section 404 also
requires the annual assessment
be included in the company’s
annual 10-K filing, and that the
company’s independent auditor
attest to the accuracy of manage-
ment’s report.
The Foreign Corrupt Prac-
tices Act, passed in 1977,
requires companies to establish a
system of internal controls to
help reduce the risk of fraud.
However, another provision of
SOX (Section 302) requires top
management of public compa-
nies to “certify” quarterly and
annual financial statements, and
puts them at risk of potential
criminal penalties if fraud is
subsequently discovered within
these statements. As a result, top
management is now extremely
interested in the effectiveness of
its internal controls over finan-
cial reporting. Concurrently,
independent auditors feel pres-
sure to retest many of manage-
ment’s internal controls since
their legal liability risks may
increase significantly if they
mistakenly concur with manage-
ment that the company’s internal
controls over financial reporting
are reasonably effective. Thus,
Section 404 has imposed a sig-
nificant amount of additional
work and expense upon public
companies and their
independent auditors.
Through the first
half of 2005, 14 per-
cent of the largest pub-
lic companies reported
ineffective controls
over financial report-
ing as evidenced by
reporting at least one
“material weakness”
(Ernst & Young, 2005).
The sheer volume of
recently disclosed
internal control weak-
nesses suggests that
more effective internal control
structures are necessary to
achieve more transparent finan-
cial disclosures. More transpar-
ent financial disclosures that
more clearly reflect the econom-
ic realities should allow
investors to make more informed
investment decisions. In con-
trast, fraudulent financial data
diminishes investor confidence
and increases the cost of capital.
Thus, SOX 404 compliance
costs could be considered a posi-
tive investment in the capital
markets.
However, an effective sys-
tem of internal controls should
benefit not only investors, but
also public companies. Unfortu-
The Sarbanes-Oxley Act (SOX) was passed to fight
fraud. But SOX has imposed a lot of additional
work and expense on public companies and their
independent auditors. Large public companies
have been shocked at the multibillion-dollar costs
of first-year SOX compliance. And year two’s costs
do not look much better.
Is there a way to get SOX costs under control?
The authors say the answer is yes, and it can be
done by using a powerful quality improvement
tool: Six Sigma. They show how to use it and how
to avoid common pitfalls. © 2006 Wiley Periodicals, Inc.
Dale R. Martin, Paul E. Juras, and George R. Aldhizer III
Taming SOX Costs with Six Sigma
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© 2006 Wiley Periodicals, Inc.
Published online in Wiley InterScience (www.interscience.wiley.com).
DOI 10.1002/jcaf.20193