IMPLEMENTATION PROCESS OF SARBANES-OXLEY ACT CONTROLS: A STUDY OF COMPANIES WITH ADRs ISSUANCE IN SANTA CATARINA – BRAZIL

Abstract

The goal of this study is to analyze the implementation process of the controls in Sarbanes-Oxley (SOX) Law, Section 404 and its implications and organizational reflexes within the companies with American Depositary Receipts (ADRs) issuance. An exploratory research with a qualitative approach was conducted through a study in medium and large size companies, being two multinational and of national capital, in Santa Catarina – Brazil. The technique of content analysis as proposed by Bardin (1971) was used for analysis of the interviews and was primarily responsible for the SOX implementation in each company as well as a representative of one of the largest auditing companies in Brazil. The results highlight the cultural changes derived from the implementation of an American legislation in Brazil. The results also focus on the methodology adopted from The Committee of Sponsoring Organizations (COSO) consisting of internal and external validation of the processes, the lack of employees and departments’ adherence to the Law implementation process, and the relevance of the top management in determining the level of importance given to the new procedures in the company. It was concluded that the SOX implementation process observed significant reactions in the organizational culture and the implications resulting from the implementation process with the exception of the different proportionality of the Law implementation in each company.