Question

Which of the following Act made code of ethics mandatory for all organizations?

• A. The Companies Act, 1956
• B. The Sarbanes-Oxley Act, 2002
• C. The Partnership Act, 1932
• D. None of the above

Answer 1

Answer: (B)

The Sarbanes-Oxley Act, 2002

In the United States of America, Section 406 of the Sarbanes Oxley Act, 2002 requires public companies to disclose whether they have codes of ethics, and also to disclose any waivers of those codes for certain members of senior management. Section 406(a) of the Regulation requires companies to disclose:

— whether they have a written code of ethics that applies to their principal executive officer, principal financial officer, principal accounting officer or controller, or persons performing similar functions;

— any waivers of the code of ethics for these individuals; and

— any changes to the code of ethics.

If companies do not have a code of ethics, they must explain why they have not adopted one. A company may file its codes as an exhibit in the annual report, post the codes on the company's website, or agree to provide a copy of the codes upon request and without charge.