Sarbanes-Oxley (SOX)

It's the name of a piece of U.S. compliance legislation, with global implications, which was signed off in 2002. A key section, Section 404, went live on Nov. 15. It's designed to prevent financial malpractice and accounting scandals such as the Enron debacle. It's becoming known as SOX or SarbOx .

It's also known as the Public Company Accounting Reform and Investor Protection Act. The shorter moniker comes from the names of Sen. Paul Sarbanes, a Democrat from Maryland, and Rep. Michael Oxley, R-Ohio, who are credited as the main architects of the Act.

The Act covers a whole range of governance issues, many covering the types of trade that are allowed within a company, with an emphasis upon keeping everything above board.

For example, the Act forbids personal loans to officers and directors. Former WorldCom boss Bernie Ebbers had taken considerable loans from his company shortly before it became the center of a corporate scandal. Other measures regulate the responsibilities of audit committees sent in to check the health of companies' compliance. The Act also offers protection to whistleblowers.

While much of this is common sense and achievable, the actual challenge of SOX is ensuring it is observed and that compliance can be demonstrated and accurately monitored and reported. The most common area of focus is the archiving of all communications and the creation of transparent and auditable systems for recording transactions, dealings and any kind of business correspondence. This should mean traders can't contact one another or analysts on the quiet, and deals can't be lost in the muddy waters of business. Applications such as instant messaging are also being singled out as areas that need to be secured and made clearly accountable.