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Sarbanes-Oxley Recommendations

What is Sarbanes-Oxley?
Passed in 2003 in the wake of numerous corporate scandals, the American Competitiveness and Corporate Accountability Act – more commonly referred to as the Sarbanes-Oxley Act - requires publicly-traded companies to conform to new standards in governance, financial operations, and audit procedures. Although these standards currently apply only to corporations, many nonprofits and foundations are using Sarbanes-Oxley as a framework for developing new governance guidelines for their own operations.

Recommended Practices
One of the primary recommendations for improved governance practices as a result of the Sarbanes-Oxley Act is the establishment of an Audit Committee to develop and maintain adequate reporting procedures for the organization. Separate from the role of the Finance Committee, the Audit committee provides independent oversight of the organization’s accounting and financial reporting, as well as overseeing a broad range of activities relative to governance, ethics, internal controls, recordkeeping, and operational polices and procedures.

In addition, Sarbanes-Oxley called for the development of regulations for document destruction/retention and policies for whistleblower protection.

View these sample documents from the National Council of Nonprofit Associations:

• Audit Committee Roles and Responsibilities

• Sample Audit Committee Charter

• Whistleblower Policy

• Document Destruction/Retention Policy

ADDITIONAL RESOURCES:

"Developing a Whistleblower Policy"
Prepared by the Forum of Regional Associations of Grantmakers, this brief provides tips for developing a whistleblower policy.

"Nonprofit Governance and the Sarbannes-Oxley Act"
Report researched and published by the Urban Institute based on a 2005 survey that provides insights into the potential impact of extending some provisions of the Sarbanes-Oxley Act to nonprofit organizations.

Learning from Sarbanes-Oxley: A Checklist for Nonprofits and Foundations
Prepared by Independent Sector, this short (2-page) summary builds on the publication IS released jointly with BoardSource, which offers recommendations on how nonprofits and foundations can voluntarily incorporate lessons learned from the Sarbanes-Oxley Act to strengthen governance and financial oversight.

“Secure in our Foundations: Sarbanes-Oxley for Grantors and Grantees”
Powerpoint presentation from a DVG member program (February 2005) prepared by Tobey Oxholm, Drexel University General Counsel and trustee of the Campbell-Oxholm Foundation.

 

 

 

 



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