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American Bar Association




The Sarbanes-Oxley Act offers an opportunity to reward truthful corporations and their management, offering them a competitive advantage by relieving them from some of the Act's provisions. Corporate culture plays an important role in a corporation's honest behavior One size does not fit all in matters of organizational integrity. The provisions of the Sarbanes-Oxley Act that apply the same internal controls and governance rules on all public corporations impose unnecessary costs on honest corporations by requiring them to change one set of good habits that are part of the corporate culture for another mandated by law. This essay suggests that relief from some of the internal control rules imposed by the Sarbanes-Oxley Act might be an effective way to reward corporations for their honest behavior rather than punishing them. The essay outlines a number of methods by which this objective can be achieved.

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