Publication Date

1-1-2010

Document Type

Article

Organizational Units

Sturm College of Law

Keywords

Fiduciary duty of care, Public companies, Sarbanes-oxley

Abstract

The essay examines the wisdom of exempting small public companies from Section 404 of the Sarbanes-Oxley Act of 2002 (SOX), which requires companies to provide management assessment and external auditing of a company's internal control systems over financial data. In particular, the essay questions whether a fiduciary duty of care might require officers and directors to adopt internal control systems, perhaps substantially similar to those envisioned by SOX, even if small public companies were exempt from the ambit of the statute.

Publication Statement

Copyright held by the authors. User is responsible for all copyright compliance.

Originally published as Michael R. Siebecker, The Duty of Care and the Data Control Systems in the W ak e of Sarbanes-Oxle y, 84 Chi.-Kent L. Rev. 821 (2010).



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