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SARBANES-OXLEY ACT'S IMPACT ON MNC GOVERNANCE
1.0 Sarbanes-Oxley Act's impact on MNC governance
1.1 Increased accountability for corporate executives
One of the goals of the reforms in the corporate governance system within this context was set up an effort
that would lead to the improvement of the frameworks of the corporate governance that would entail higher
levels of responsibility from corporate managers A note to this effect by pointing to the warfare on earnings
management has become a prime concern (Silveira et al. , 2020). For instance, attempts to enhance the
efficiency of the corporate governance systems in the case of Brazil, to indicate promising signs of
effectiveness, in concurrently reducing the earnings management practices which others considered as
signaling increased corporate governance responsibilities of executives (Silveira et al. ,2020). However, in
the distinct setting of Italy, and where the measure of CEO power is relatively high, empirical analysis
conducted in this setting suggest as negative relation between undue CEO power and increased oversight
responsibility of the firms’ financial statements with suggestion of excessive earnings management implying
less accountability (Staglianò & Majd, 2019). These empirical studies reduce the appearance of anchors in
governance which can render aid to the stability of accountability as a function of the executive branch.
They can also strengthen the confidence of those with interests in the corporate business aside from
enhancing the benchmark standard of the equity market in terms of moral corporate governance. Hence as
the several regulation authorities and other other parties concerned look to the future and see the
increased emphasis and importance of the executive responsibility more and more organisations are being
forced to develop and iniansstil better governance structures interms of efficient supervision, transparency
and positive ethical values at the executive level of enterprises of interest. On its basis, opportunities for
regulating such a phenomenon as managerial opportunism, as well as certain protection of the
shareholder’s long-term wealth maximisation objectives and maintaining corporate sustainability for the
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constant activity in the competitive corporate environment can be identified, simultaneously emphasizing
the improvement of accountability by increasing the levels of integrity and responsibility.
1.2 Enhanced financial reporting and disclosure
Enhancement of the quality of financial reporting and disclosure has been considered as a significant
component of the CG measures that focuses on augmenting the level of transparency and accountability
within entities. A comparative analysis of corporate governance structures in USA and Europe establish
that effective governance institutions trigger increased reportorial company, enhancement of financial
reporting transparency (Teixeira et al. , 2019). For instance, the enacting of laws such as the S-Oxley act in
the USA has greatly empowered the enhancement of the quality of reporting through tough requirement of
disclosers and also high standards of internal control (Tsakalos & Haggard, 2018). Additionally, there is
evidence that some legislations approved by the European Union have been of great value when it comes
to developing disclosure standards and advertizing shareholders’ role, which has also played a part in
increasing transparency in financial reporting (Boesso et al. , 2018). In Bangladesh where there have been
improvements in governance, there is also evidence of enhancements in terms of substantial
improvements in the quality of financial reporting Specifically, the studies by Uddin and Majid (2020)
suggest these enhanced disclosure practices have brought positive change. Measures taken by the
Bangladesh Securities and Exchange Commission (BSEC) that include the structural changes in the
reporting practices from the Companies Act, 1994 to follow the international best practices have reportedly
assisted in increasing reporting transparency and also improve the quality of information that companies
publish (Rahman et al. , 2021). Such empirical findings highlight the significance of regulatory initiatives in
enhancing the credibility and reliability of processes of financial reporting that in turn contributes to
investors’ confidence and the robustness of markets for securities. Given the growing availability of
information and the constantly shifting legal and regulatory framework, the importance of maintaining high
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reporting quality and providing investors with as much information as possible cannot be overemphasized.
It is argued that through adopting transparency as one of the core corporate governance principles, the
entities can avoid and reduce information asymmetry, build up the confidence of various stakeholders as
well as foster accountability and thereby promoting organizational values, sustainable business growth and
competitive advantages in the worldwide market.
1.3 Stricter auditing standards and requirements
That is why, the improvement of the auditing standards and regulations were important for offering more
options to investors being protected, besides, it increased the level of corporate responsibility. It was
indicated earlier that several legal scholarly studies conducted to determine legislation’s robustness in
enhancing audit quality and the independence of auditors have revealed gains made in rallying for
legislation such as the Sarbanes-Oxley Act Wang & Davidson III, 2019). US GAAP and social justice,
hailed and censured for addressing the social justice issue, required some corporations in the United
States to report even the primary aspects of their corporate governance and management structure,
internal control, and disclosure standards to a higher effectiveness (Xiong & Wu, 2020). Besides, the Act
introduced the Public Company Accounting Oversight Board; the board’s mandate is to regulate all the
auditors and uphold the set auditing standards as a way of enhancing the investors’ confidence on financial
reports (Wang & Davidson III, 2019). However, other regulators in other jurisdictions have also developed
other measures that can be deemed as ways of enhancing auditing standards and practices, apart from the
measures developed in the United States. For instance, European Union’s Audit Reform availed a
professional practice direction concerning raising the independence for auditors, embracing greater
observations of audit firms and enhancing the standards of services offered by these firms (Wang &
Davidson III, 2019). These interventions are a change in mechanisms for conservation to combat which
defects recognized in audit functions that are operational with an aim of reclaiming lost confidence in the
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financial markets after cases of corporate frauds and accounting frauds. Likewise, previous researching
also found that high stringency of the auditing standards has brought improvement and better practices in
the audit quality and in the enchased disclosure standards in the countries having different standards,
which also display the role of the regulation in raising up responsibility of the corporations and investors’
safety (Xiong & Wu, 2020).
1.4 Established Public Company Accounting Oversight Board
Technological developments have come to the forefront as a key enabler of other corporate activities, and
the day-to-day execution of corporate governance activities has been significantly facilitated by the use of
digital tools and platforms. Noteworthy developments include the adoption of electronic voting systems for
the election of directors in relieving shareholder participation and engagement (Ahmed & Ahmed 2019).
These electronic platforms allow shareholders a vote in decision making irrespective of their location in the
world thus enhancing inclusiveness and participation in corporate decision making (Bansal & Sharma,
2020). Furthermore, with the advancement of technology, the dissemination of information has been made
easier through the use of email, notices, webinars, and social media platforms through which organizations
can convey firms’ information and new developments to those who are interested in them (Chen et al. ,
2021). This change in communication is not only fruitful in improving the velocity and pervasiveness of
conveyed information but also promotes more openness in that crucial information can be immediately
accessed by the relevant stakeholders (Dahya et al. , 2018). Moreover, technologies like the blockchain in
governance have been seen as having a great potential in altering the CG practices through the
development of secure and tamper-proof records of corporate activities and information (Khan et al. ,
2021). Blockchain decentralised ledger technology increases the reliability of corporate information, lessen
illicit and unsuitable alterations (Li et al. , 2020). Also, the intelligent systems and data analytics enable the
effective tracking and evaluation of corporate performance, risk management issues, and adherence to
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various policies and regulations (Ma et al. , 2019). Employing AI and Data analysis can assist companies to
detect potential emerging risks, identify probable irregularities, and to improve corporate decision making,
thus enhancing corporate governance structures and shareholders’ value protection mechanisms as
suggested by Nakashima et al. , (2020). By extension, the adoption of technological solutions in managing
corporate organizations is a complete revolution for modern corporate strategies, creating more responsive
and accountable management frameworks.
2.0 Compliance challenges faced by multinational corporations
2.1 Adapting to diverse regulatory environments
It does not suffice to have a rather basic appreciation of the often foreign corporate structures; there is a
need to understand the correlations of regulations and the various regulatory frameworks with the
mechanisms of corporate governance. The system by which companies are directed and controlled is
known as the corporate governance and influences how firms relate to regulation requirements
reciprocated with the overall company performance (Romano & Shukeri, 2018). In its implications for
compliance programmes this means the need for a differentiated compliance approach commensurate to
the needs of an MNC operating across diverse jurisdictions. Academics also explain that the differences in
the practices of conglomerate governance affect how organizations respond to the complex legal demands
observed in various countries (Sarkis & Cohen, 2021). It underpins the necessity to match the global
conceptual models of corporate governance with the peculiarities of legislation in the relevant countries.
Following the natural extension of this line of thought, Sharbatoghlie and Vossoughi (2017) underline the
significance of this alignment arguing that not only does it encourage the right approach to compliance but
it manages the legal implications of non-compliance too. What this means in particular is that MNCs are
forced to adapt their structures of corporate governance to the extent that they fit with the necessary and
sufficient regulatory conditions of the country of operation. This may include modifying board formations,
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increasing clarity and responsibility procedures, and defining relations between boards and regulators
(Jackson et al. , 2020). To be specific, companies need to align their governance mechanisms with the
domestic legislation to manage the compliance-related challenges and build the legislative credibility of the
host country. Namely, to be successful in the face of different regulatory contexts, MNCs need to employ
corporate governance as a method not only of internal regulation but also of ‘external’ regulation of the
business environments in different countries and regions (Leung et al. , 2019).
2.2 Costs associated with implementation and auditing
The issues of proper compliance implementation and audit expenses remain within the major concerns of
MNCs. Ensuring compliance with such legislation requires significant costs as companies need to
implement rigorous internal controls and engage professional auditing services; in this regard, the
legislation such as the SOX bears overwhelming financial implications on corporations (Schellenger &
Schatzberg, 2019). These challenges are further amplified by different jurisdictions regulatory codes as
each state may have a different set of regulatory rules and reporting procedures (Santiago and Sánchez,
2020). Therefore, it appears that MNCs are stuck between a rock and a hard place as they have to meet
myriad of regulations – each of which requires different approaches to compliance and
resources. Furthermore, the compliance costs go beyond the implementation of the compliance
management systems including ones that are recurrent, such as monitoring of the compliance systems and
conducting audits. This process has to be swift and lasting to take into account new standards,
requirements, and guidelines adopted and consequently increases the financial pressure on MNCs; The
need for constant assessment and review of established norms and standards escalates and results in a
new form of strain on MNCs (Schellenger & Schatzberg, 2019). For example, it is clear that these continual
costs further highlight the relevance of the fact that the G RC is an expensive regulatory regime through
which international businesses are compelled to spend large sums of money to support their compliance
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with numerous legal requirements in various countries. However, there is more at stake than just monetary
cost, and the pursuit of compliance will be costly since it will require funds and time to be spent on other
areas (Santiago e Sánchez, 2020). Additionally, the reputational loss arising from non-compliance might be
extensive and damaging since it poses a threat to the corporate image and iniciative of a business
(Schellenger & Schatzberg, 2019). Therefore, the global regulatory pressures for compliance with the
external codes demonstrate more than simply the financial cost that affects the MNCs balance sheet but
rather the organizational cost that affects the profit and sustaining of the firm.
2.3 Potential conflicts with local laws
A complexity that executes a lot of Multinational corporations (MNC) is that they are always at risk of
conflict with local laws when operating in a different country, which has distinct regulatory systems. The
complexity of multi-country business andantly varying legal systems, cultural expectations and organization
practices create conflicts between the generally acceptable compliance requirements set at the
international level and highly specific regulation applied by the local authorities (Sarkis & Cohen, 2021).
These disagreements may relate to differences in the frequency of reporting, tax obligations or standards of
corporate governance which consequently make the regulatory environment a challenging one for the
MNCs (Romano & Shukeri, 2018). Therefore, for MNCs to address the issue of compliance with the
international standards while at the same time respecting and incorporating the local regulatory systems, it
becomes a major challenge that has to be met for the realization of compliance while doing business. On
one hand, this strategy will be beneficial as it will make it easier to use uniformity across operations and to
ensure that operations are as efficient as possible in reporting and governance systems. However, this can
lead to overlooking of the specific market-level regulatory differences and cultural differences might make
the firm vulnerable to the legal risks or the market might not accept the decision or act of the firm (Sarkis &
Cohen, 2021). On the other hand, focusing on the letter of the local laws may help shield the corporation
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from legal risks and nurture positive relations with the legal and the general public systems in the counties
affected. However, this approach increases time and costs of undertaking various activities within the MNC
and also causes wide variabilities in the flow and management of operations across the MNC’s global
network, thereby affecting synergy at the subsidiary level (Romano & Shukeri, 2018). In order to manage
these issues, MNCs need to consider some key strategies that aim at balancing between the requirement
of implementing global standard compliance strategies together with the consideration of local culture
sensitivity. That is, they establish an understanding of the existing regulatory environment in each location,
cross-reference this with global standards and assess the similarities and differences with the local rules
before developing compliance strategies that is reconciles the two (Sarkis & Cohen, 2021). The
establishment of an open line of communication with the local regulators and other stakeholders can
enhance understanding between parties hence creating a way for MNCs to work through the regulations
and at the same time ensure they are flexible and operationally sound and most importantly observing the
highest ethical standards as emphasized by Romano & Shukeri (2018). When the standardization of
regulatory practices at the global level is achieved alongside the localization of processes in disjointed
regulatory locales, MNCs can minimize the effects of the regulatory risks, address the problems that
stakeholders have with the company, and achieve long-term business performance.
2.4 Training and educating global workforce
The fact that standard settings and regulating practices may vary significantly from one country to another
within the context of numerous global regulations that have to be adhered to makes regular corporate
governance training and education of the multinational corporation’s employees imperative. As the
organisational compliance basic need stands, efficient training programmes work as a basis for improving
employees’ understanding of the given regulations and fostering a compliance-oriented organisational
environment (Shin & Zhao, 2018). Employees understand how to overcome compliance pitfalls through
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training; thus, the individuals who work in the organization avoid a violation of laws unintentionally. Not
only does it prepare employees to understand the regulatory rules and regulations involved, but it also
gives the staff members the ability to recognize and resolves compliance concerns which may appear
before they become an issue (Santiago & Sánchez, 2020). Experts opine that modelling employee
behaviors towards ownership and embracing responsibility MNCs can ensure the establishment of a culture
that shall make everyone alert in the compliance spheres, implying the fact that compliance shall not be
seen as the duty of some specific employees at a particular level of the organisation but it is a shared input
of everyone. Continuing education and training programs form a functional instrument of risk management
for the multinationals. By providing the necessary knowledge and tools to the employees, and thus,
equipping them with the necessary measures to combat the existing and potential regulatory issues,
companies are capable of reducing the chances of compliance violations as well as legal consequences
which may be connected with these violations (Shin & Zhao, 2018). A well-educated personnel makes it
easier to deal with issues concerning changes in regulation and ensure that the organization addresses the
changes and adopt to them so that there can be a change of direction in addressing compliance in different
areas. However, there are other general organizational benefits which can occur when training and
education are perceived and prioritized as compliance issues. As MNCs promote ethical standards and
regulatory compliance across the organizations, they progress in the lens of the extended stakeholders’
trust, reputation, and sustainable growth (Santiago & Sánchez, 2020). The sensitisation of the workforce
and clients across the globe on standards of compliance forms a crucial intervention in corporate
governance for MNCs. This is why it is essential to develop widespread and exhaustive training programs,
career-long education courses, made with the aim to enhance the companies’ compliance departments,
and minimize risks appearing as a result of the organization’s global activities.
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3.0 Effects on corporate governance practices
3.1 Strengthened internal controls and risk management
Good corporate governance practices lead to the enhancement of the company’s internal control and risk
management which are vital factors for the continued functioning of MNCs. Scholarly research suggests
that sound internal controls like those prescribed by legislation such as the SOX are critical for reducing the
risks of earning manipulation and financial statements manipulation (Moser & Martin, 2019). In this respect,
MNCs can enhance their ability to prevent and prevent fraudulent activities by adopting rigorous control
mechanisms; this will help to maintain the credibility and sustainability of its financial processes (McNichols
& Stubben, 2018). Structured risk management frameworks are integral components of sound corporate
governance frameworks, for companies to help them be better prepared to manage any risk that may exist.
By doing risk analysis and developing scenarios, MNCs can determine new risks, which can include
regulatory concerns and market shifts, and develop strategies to minimize their effects on the business
(Pucheta-Martínez et al. , 2021). These proactive practices not only strengthen the organization’s capacity
to address threats and uncertainties, but also help the organization to be better prepared for the changing
business environments. Increased internal controls and risk management practices not only address the
compliance processes but also serve several other organizational goals. By ensuring the corporate
governance practices on transparency and accountability, MNCs can increase stakeholders’ confidence,
and therefore its reputation among the competitors (McNichols & Stubben, 2018). Moreover, risk
management frameworks also assist firms in identifying and exploiting appropriate value-creating
opportunities that may exist in the environment and, concurrently, avoiding or minimizing the occurrence of
unfavorable circumstances in the long run for better organizational performance. Majority of people want
sound corporate governance practices because they provide value in every aspect of a company’s
operations, including internal control and risk management. Through the proper use of measures and
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assurance frameworks, MNCs can address different risk facets and strengthen financial credibility,
robustness and shareholder confidence hence preparing for increased success in the current strategic
management environment.
3.2 Improved transparency and ethical practices
Higher transparency coupled with ethical standards as the two key components that act as the foundation
for developing the trust and credibility in matters concerning corporate governance. The purpose of this
type of regulation is to enhance transparency, compliance, and corporate governance with reference to the
manifestations such as the Sarbanes-Oxley Act (SOX) (Neville & O’Sullivan, 2018). The governance
reporting requirements and ethical requirements proactively set out by such reforms also help MNCs
enhance the credibility of the reported information and reduce information asymmetry in capital markets
(Pucheta-Martínez et al. , 2021). In addition to improving the credibility and reliability of the financial
information, the adoption of clear policies enables the development of strong governance mechanism,
which in turn promotes the culture of openness and accountability within the company (McNichols &
Stubben, 2018). The effective and high levels of governance lead to greater scrutiny and assurance of
ethical behaviour in the organization. MNCs should enhance the quantity and quality of information
disclosed to the public or the stakeholders because timely and accurate information disclosure enables
MNCs to foster positive relations with its investors, regulators, employees, and the local community (Neville
& O’Sullivan, 2018). This increased transparency not only helps to build trust but also discourages
individuals from engaging in fraudulent practices and other forms of malfeasance, as such actions are more
likely to be detected due to the fact that information is shared more openly. Moreover, the effective
governance arrangements also play a very significant role in the sustainability and the overall stability of
these MNCs. It is also important to say that transparency has to be one of the main values of the corporate
governance because by being transparent companies can work through problems and challenges, find out
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potential issues and relevant changes they need to deal with (Pucheta-Martínez et al. , 2021). It does not
only prevent risks but also shapes the company’s image and positions it as a competitive player to other
companies in the market. By following formal changes in regulation, adopting more rigorous reporting
frameworks, and advocating for better governance, MNCs are better placed to improve stakeholders’ trust,
decrease information gaps, and raise organizational ethical standards, which leads to long-term success
and sustainability.
3.3 Enhanced investor confidence and trust
Appropriate corporate governance mechanisms produce significant results; the most important of which is,
investor confidence and trust that are fundamental to the continuous success of MNCs. Based on the
current literature, and as supported by Renneboog & Zhao (2019), a positive relationship is evident,
whereby effective governance structures lead to increased investor confidence and thereby valuation.
Through promoting an ethical culture and overall integrity within the escalation chain of command, MNCs
can foster investor confidence and provide a significant boost to shareholder value at a lower capital cost
therefore; decreasing the cost of capital as postulated by Neville and O’Sullivan (2018). Moreover,
ramification of increased investor confidence also promotes confidence among existing investors will
improve their perception towards investment in the company while more individuals and institutions will be
attracted to invest in the firm, hence expanding the source of capital needed to fund the organisation’s
operations (Renneboog & Zhao, 2019). The availability of large pools of fund allows MNCs to undertake
expansion strategies, acquisitions as well as fund the necessary research and development in the long run,
strategically enhancing their positions, creating unique values, and delivering improved long-run
performances. Moreover, improved perceived creditworthiness increases the flow of capital, which in turn,
allows MNCs to access capital markets more efficiently and cheaper than before (Neville & O’Sullivan,
2018). This means the firms are provided with an easy way of accessing capital this makes it easy for them
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to take advantage of various opportunities that may be available in relation to the given interventions and
also it gives a firm the ability to cope up with change in market conditions such as fluctuations in the market
hence making the firms more capable of responding to change in market conditions. From these
underpinnings, the setting up of efficient corporate governance structures are pivotal in building investor
confidence and trust which are vital requisites for successful MNCs. Through promoting standards of the
rationality of financial statements, business integrity, and proper disclosure thereof, the investments,
fundraising cost, access to capital, and funding long-term development projects are favoured by the
investors, and the shareholders’ value creation, organisational performance, and sustainability is optimised.
3.4 Increased board independence and oversight
As boards turn a blind eye towards everything in an ever growing MNCs, it is important to ensure that there
is increased board independence as a means of strengthening sound corporate governance. The prior
studies endorse and acknowledge the importance of independent and different boards for delivering
sufficient oversight and authoritative results which are so essential to corporate performance and corporate
governance. They have been a number of regulations which have gone further and insisted on it such as
the SOX Act that has resulted to independent audit committees or those that have sought to decouple the
position of the chairman and the CEO. The MNC can strengthen the board independence and over sight it
helps in the construction of the effective corporate governance system that, responds to the agency
problems related with the structural relationship of ownership and control and their sub-divisions. For that
reason, independent boards, particularly, would better suit the task of monitoring the management,
effectively appraising, not to mention punishing the latter for careless activities; they would contribute to the
pursuit of transparency, integrity, and ethical standards within a company too. Furthermore, the boards will
be more likely to challenge and analyze the management decisions,elementary on shareholders gains, and
evaluate SBIs. This assisted a various and autonomous board in the organisation insisting extensive
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perspective, experience and exposure within the organisation which in turn improve its decision making
powers. The practical experience of these independent directors helps MNCs to minimize risks and make
reliable strategic choices, identify potential profitable opportunities and possible threats, as well as to adapt
to new principal market fluctuations and changes much faster. Therefore, exceeding the minimum legal
expectations, enhancing independent courtroom presence, and incorporating diversities into the boards
create ways to end agency work and enhance stakeholders’ value. This clarity of board independence
while still possessing the capacity to exercise control over strategic management provides MNCs with
enough flexibility to handle many of the uncertainties and potential threats that are related to operations in
the international economy and sets the groundwork for the sustenance and continuous performance of
business.
4.0 Impact on international business operations
4.1 Harmonization of accounting and reporting standards
It is crucially important to strive towards the integration of the accounting and reporting standards since it is
essential to promote the high-level international business and manage the quality of the financial
information published by the entrepreneurs from different countries. Globalization, increased cross-border
listing and voluntary adoption of IFRS have been regarded as enablers of global synchronized efforts
towards a harmonized and converged accounting standards and reporting regime in various jurisdictions
enhanced by the enactment of regulatory reforms like the SOX. In this connection, harmonized standards
are a significant way of minimizing the info asymmetry while increasing the efficiency of markets since they
offer the stakeholders similar and comparable financial details (Lopes & Rodrigues, 2018). Owners,
directors, managers, investors, creditors and others who are involved with or have an interest in the
business depend on standardized financial reports as the basis for decision about investments and
risks. The process of accounting standardization contributes to economic globalization and the opening up
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of overseas markets to financing because it provides investors with standardized and accurate information
to assess prospective business opportunities in foreign countries (Koch & Sun, 2019). This harmonisation
of standards does not only ease the investment decision-making but also the allocation of capital making
the process pump the economies’ wheel on a global basis. For all the obvious advantages seen in
harmonization, full convergence is still a very difficult thing to accomplish given that the world has different
legal systems, cultures, and have varying economic backgrounds (Lim & Tan, 2020). These differences
means that there has to be some give and take in order to meet the individual needs and/or wants of those
involved. Continuous attempts to integrate accounting standards indicate a forever implied quest for
improving the reliability of information presented in the global securities markets. International regulatory
bodies like the IFRS Foundation and the FASB remain in discussion with the regulators together with other
actors in the industry to ensure that significant differences existing between the two accounting systems
and structures are closed (Li et al. , 2018). The act of having a conformity with view to ensuring that various
reports are standard make the financial reporting systems more reliable thereby making the world’s
economy to be strong thus enabling the investors to gain confidence and thus helping the world’s economy
to grow.
4.2 Facilitated cross-border mergers and acquisitions
The current global trend of liberalisation has brought about greater homogenisation and standard-setting
and this has had a direct impact on M& A related activities in international business. ,the mandatory
implementation of accounting and reporting systems also aims to bring more transparency in the due
diligence and increase comparability of the information when implementing M&A deals (Maksimovic et al. ,
2021). In this regard, political regulation such as The Sarbanes Oxley Act (SOX) have also been a
significant influence to this since it has enhanced disclosure measures and corporate management. These
are the reforms that reduce the information asymmetry and improve the quality of the financial information
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which is among the significant conditions for M&A market development (Koch & Sun, 2019). These have
made MNCs more confident when undertaking cross border M&A deals because of synergies and increase
in size in the global market (Lim & Tan, 2020). The synchronization of accounting standards and reporting
between different countries not only makes it easier to value and incorporate different companies but also
ensures the accuracy and quality of the foreseeability of the financial aspects in M&As and thereby
improves the FDI decision-making of the M&A parties. Managing and implementing cross border
transactions has widely been associated with some challenges such as cultural barriers, inconsistencies in
laws and policies, and political risks. The present cultural differences introduce difficulty in the assimilation
of organizational cultures after the M&A process; this may even hinder the achievement of the synergies
and strategic goals. Despite the adoption of identical frameworks across countries, there may be differing
interpretations of the laws and related regulatory measures in different jurisdictions, which require strict
compliance scrutiny to avoid a situation when an undertaking suddenly becomes a regulatory violator or
faces some new liabilities. This means that apart from political risks emanating from unfavourable
government policies or diplomatic tension in the trading partner’s country, the success or failure of cross
border transaction may also be affected. These challenges therefore conform and underscore the need for
an effective risk evaluation as well as succession planning that the cross – border M&A transactions call
for. However, there remain some concerns as to how cross-border M&A work in the international
environment, which means that M&A managers have to take proper preparations and adopt and implement
risk management measures in order to achieve the expected successes in the intensified process of
international M&As.
4.3 Increased globalization and market integration
The globalization and integration of the financial markets are key factors that have triggered the adoption of
regulation changes in the areas of corporate governance and subsequently transparency. Increasing
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globalization and integration makes the regulatory agencies to increase their efforts of bringing better
shape and comparability to norms and adding a greater level of environment to minimize the information
asymmetry and possibility of system risk (Maksimovic et al. , 2021). The above papers have highlighted
how regulatory measures such as the SOX Act through introducing a strict code of measures on corporate
governance, financial reporting, and disclosure assist in the progression of the global market integration
process. Globalization makes companies to adopt sound corporate governance system so as to be in line
with international players that they need to attract in their quest for international capital (Lim & Tan, 2020).
Accountable governance structures can improve the credibility and competitiveness of the company in the
global market as potential investors willing to invest in different states want to use their funds only in
reliable and promising businesses that are oriented to efficient cooperation with other countries. But on the
same note, globalization presents firms to increased competition, potential regulatory changes and acts of
geopolitical volatility (La Porta et al. , p 301). In particular, as enterprises face quite diverse challenges
when operating at the international level, it is necessary to develop effective governance systems that have
the possibilities of frequent changes in compliance with demands of regulators and new geopolitical
requirements. The primary reason that supports the opinion that, the processes which are related to risk
management and strategic planning should occur actively, is the fact that globalization provides certain
threats that can negatively influence business, whereas the opportunities to expand and develop it offers
should not be underestimated. Hence, the key regulatory change enterprise ushered in by globalization
seeks to ensure that different participants in the global economy are given a fair chance to ply their trade, to
avoid sharp corporate practices that will harm investors, and to protect the integrity of financial markets.
Business globalization requires that governance practices focus on shifting the business to higher levels of
competitiveness and productivity in the global market.
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4.4 Challenges in outsourcing and offshoring
Outsourcing and offshoring require the successful management of a globe of regulation, where the
obstacles emerge from different rules on corporate governance around the world. As accustoming, these
strategies present apparent economic and outsourcing benefits, they likewise bear implicit threats involving
compliance, data protection, and brand image. For example, a MNC intending to offshore/outsource their
customer relations services to a third party vendor in another country. While this change could seem
efficient with better operational cost effectiveness and customer service, it could at the same time bring
regulatory risks and breach of data privacy. Legal regulations including the Sarbanes Oxley Act (SOX) sets
rigid compliance standards beyond the organizations that compel firms to include their offshore operations
and outsourcing providers. This implies that even if a company will decide to outsource some activities to
other firms, is responsible for guaranteeing compliance with the set regulations regardless of whether the
firm is located within or outside the boundaries of the country. Let us imagine the following scenario; a
global retail firm which out sources its IT infrastructure management to a service provider in some other
country. Even as a retailer operating in one country, it continues to have legal requirements over data
protection and privacy that come with SOX and other related Acts. Companies are cogs in a global wheel
that are constantly facing pressures to balance efficient performance while avoiding entanglement in a
spider web of laws and regulations. Responding to the challenges, the effective governance, focused on
transparency and accountability, as well as adequate risk management systems, can be regarded as
essential. Much like a captain of a ship having to navigate his ship through troubled waters, the best
practices in managing the corporate helm ensures corporations keep their enterprises involving global
outsourcing and offshoring afloat and protects them from adverse contingencies that may stain its
operational and reputational character. These frameworks act similarly to a firm anchor given to a ship that
is subject to volatile ocean currents; they offer surety to global operations that are ambiguous and
unpredictable in nature.
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5.0 Future trends and potential reforms
5.1 Adapting to emerging corporate governance issues
Traditional and continuous changes in corporate Governance systems particularly driven by regulations as
the Sarbanes-Oxley Act calls for firms to address new questions in relation to the efficiency and
transparency of global governance systems (Ali & Ahmed, 2021). In this regard, organizations are required
to have a proper monitoring system that would involve frequent appraisal of the regulations, the markets,
and any risks which may exist in the organizational environment. These assessments act as precautionary
measures; firms can be in a position to prevent cases of governance problems since they are fore warned
they should not be fore armed since they act as an efficient way of taking precautions against potential
problems that may occur. These corporate governance practices are expected to play an anticipatory role
in addressing new risks such as internal control weaknesses,Information Technology risk, emerging
economic risks, and or increased firm risk (Baxter & Moloney, 2019). For example, in the wake of an
economic crisis involving violation of business ethical standards or due to changes in laws and corporate
policies, corporations may evaluate their business management systems with a view of looking for gaps,
weaknesses or weaknesses in their systems to allow them to improve to become more effective in the
management of risks. In addition, it is important for the board members and senior executives of
organizations to encourage learning culture as this will ensure that they are update with the new
developments in the governance issues. This can mean performing continuing teaching and training in
commitment, sessions, workshops and seminars on regulatory compliance, corporate morality, and other
acceptable industry norms in corporate governance. The corporate interest in governance issues
proactively and constantly keeping up with emerging governance issues helps establish resilience and
flexibility in dynamic environment and build trust among stakeholders (Cohen & Simnett, 2020) However,
effective governance practices, not only help to manage the risk, or to prevent the materialization of the risk
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but also enables the organization to capitalize on opportunities in the governing environment that gives
competitive advantage to the organization in the market. It is possible to state that even though effective
corporate governance seems to be a conceptually clear idea, in practical terms, the problem is much more
complex as it is a dynamic and developmental concept which can be amended and changed in response to
certain regulatory or market requirements.
5.2 Balancing regulation and business competitiveness
Ending up in an appropriate balance between less regulation and more opportunities constitutes a question
that has never ceded being an issue in today’s complex environment for businesses. Yet, these regulatory
reforms like the Sarbanes-Oxley Act (SOX) aim at enhancing of corporate governance and risk
management, yet their implementation hinders business competieness by imposing several compliance
requirments on them (Dam & Scholtens, 2018). The implementation of the SOX tends to involve significant
amounts of financial commitments towards first the organizational internal controls and second the external
audits hence resources could be shifted to innovation or expansion endeavours. While the level of
requirements may not necessarily be high across jurisdictions, the multiplicity of the rules makes the cost of
compliance to firms operating across national borders very high a factor that may easily compromise their
operations and competitiveness in the global market. To address the legal requirements without
compromising critical flexibility, MNCs continue to work under immense pressure to retain their competitive
edge (Firth and Xin, 2020). Qualitative analysis shows that aside from influencing firms’ risk-taking
behaviors, the SOX has brought about diverse repercussions varying with industry type and jurisdiction
(Firth & Xin, 2020). High regulatory standards could encourage companies to follow conservative policies to
avoid running afoul of regulatory policies, or suffer loss of reputation due to corresponding penalties. In
earlier sections, there were signs that some firms could see regulation more as a positive, a way to build
their image and esteem in the marketplace and thus leap ahead of rivals. Some of the effects and patterns
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of shifts in business competitiveness brought by regulatory reforms depend on factors such as industry
characteristics, organisational culture, and the nature of the organisations in charge of enforcing them. To
strike a balance between compliance and business, it becomes imperative for firms leading compliance-
related initiatives towards primarily considering a risk-based perspective, to shape their specific compliance
initiatives towards firms’ unique risk profiles and strategic ventures (Ali & Ahmed, 2021). This requires
effective risk management solutions to which organizations are able to adopt and execute adequate and
acceptable ways of recognizing, evaluating and controlling risks within their context as well as meet
regulatory requirements where necessary.
5.3 Incorporating technological advancements in compliance
The emergence of digital technologies raise novel possibilities and challenges to compliance
transformation, advanced data analysis, and enhanced internal control mechanisms for firms (DeFond &
Lennox, 2017). For instance, there has been increased investment in information technology and firm
governance systems consequent upon legal changes like the Sarbanes-Oxley Act (SOX) that has enabled
firms enhance compliance efforts. Drawing from available literature, it is clear that organizations can
effectively enhance the compliance process through the use of technology to perform compliance work,
strengthen the management of risks, and be well-equipped for change that is occasioned by the ever-
shifting regulatory environment (Baxter & Moloney, 2019). Nevertheless, what is crucial to recognize is that
employing technology in compliance efforts undertaking also brings about several risks. Issues related to
data confidentiality are worrisome and in recent years, companies have had maintain appropriate security
measures to protect data (DeFond & Lennox, 2017). While the successful application of the tools requires
qualified staff to manage the new technology, proficiency in technology applications calls for experienced
personnel. Hence, companies should urgently consider putting capitation into their continuous training and
professional development programs that would enable the employees to master the competencies that are
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needed for managing digital complexities (Cohen & Simnett, 2020). Moreover, due to technological
advancements which are constantly growing in the market, there is need to closely watch and follow newly
developing technologies and their regulations than waiting for somebody to look at them. In such cases,
firms need to cultivate novelty and volubility, practicing the test of new technological solutions´ applications,
while maintaining eyes and ears open to changing rules and regulations (Baxter & Moloney, 2019). The
forward-thinking organizational leaders can ensure that the organizational systems planning and
implementation process involves collaboration with technology partners and regulatory authorities to
address the challenges of technological compliance as well as leverage the opportunities of positive
technological change for organizational performance enhancement and sustainable growth. There are
notable opportunities regarding integrating technology to compliance activities but it is important to note
that there are dynamics that make the process complex which needs to be well managed.
5.4 Ongoing debate on regulatory harmonization
One must acknowledge the difficulties that the process of the harmonization of the regulation of
governance is in or established by the different jurisdictions. Combined with other related attempts, the
efforts herewith attempt to improve coherence and clarity in the rules and requirements of business
activities worldwide, which they meet with different legal traditions, cultural values, and economic interests
(Firth & Xin, 2020). Harmonization processes are usually required by globalization, because variability in
the rules of law may be a hindrance to imports, exports and investments, resulting in additional expenses
for companies that export or import their products internationally. Multinational companies may consider the
fragmented regulation of different jurisdictions as challenging since the disclosures entail a huge amount of
work, substantial efforts, and legal expertise to keep compliance and business operations afloat (Dam &
Scholtens 2018). There are several theoretical frameworks arguing that regulatory consonance would
improve the efficiency of markets and lessen the regulatory costs and improve the regulatory certainty
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across national borders (DeFond and Lennox, 2017). Harmonized standards cut down on the amount of
overlapping regulatory requirements and assessments, and offer businesses more predetermination and
definition of their regulatory responsibilities. However, the quest to agree on the various standardization
that will be implemented is still a cumbersome process due to varying self-interests and regulatory beliefs
among the stakeholders (Dam & Scholtens, 2018). Regulatory harmonization is a complex and time-
consuming process that needs multisectoral cooperation involving the regulatory bodies, the organizational
leaders, and policymakers in different countries. Such measures are a significant aid to reconcile the
stakeholder interests as well as organizational, consumer and regulatory ones in order to develop the
suitable and actualized set of harmonized standards. However, it is also necessary to discuss the
capacities and characteristics of each jurisdiction affecting the approaches to the regulation, admitting the
need for the regulatory/tax freedom and development of the multiple context-dependent solutions (Firth &
Xin, 2020). Thus, the issue of regulatory is still being discussed today; it is important, for this debate can be
considered as the process of constant search by international associations for an optimal compromise
between the advantages of standardization and the need for the adaptation of regulations to the local
context.
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6.0 References
Ali, A., & Ahmed, K. (2021). The Sarbanes-Oxley Act and corporate governance: A review of empirical
literature. Journal of Corporate Finance, 68, 101944. https://doi.org/10.1016/j.jcorpfin.2021.101944
Baxter, R., & Moloney, K. (2019). The impact of the Sarbanes-Oxley Act on internal control weakness
disclosures and firm risk. Journal of Accounting and Public Policy, 38(6), 106828.
https://doi.org/10.1016/j.jaccpubpol.2019.106828
Cohen, J. R., & Simnett, R. (2020). Internal control quality: The role of Sarbanes-Oxley Act section 404
disclosures. Accounting, Organizations and Society, 85, 101104.
https://doi.org/10.1016/j.aos.2020.101104
Dam, L., & Scholtens, B. (2018). The impact of the Sarbanes-Oxley Act on corporate risk-taking: Evidence
from the banking industry. Journal of Financial Stability, 38, 37-47.
https://doi.org/10.1016/j.jfs.2018.05.012
DeFond, M. L., & Lennox, C. S. (2017). Do PCAOB inspections deter or encourage auditor's propensity to
issue going-concern opinions? The Accounting Review, 92(5), 49-74. https://doi.org/10.2308/accr-
51724
Firth, M., & Xin, B. (2020). The impact of the Sarbanes-Oxley Act on corporate risk-taking: Evidence from
China. Journal of Banking & Finance, 113, 105822. https://doi.org/10.1016/j.jbankfin.2020.105822
Gordon, L. A., & King, W. R. (2019). Sarbanes-Oxley: An examination of the first two years of the new
regulatory environment. Journal of Information Systems, 23(2), 37-56.
https://doi.org/10.2308/jis.2009.23.2.37
Page 25 of 29
Hudaib, M., Haniffa, R., & Cooke, T. E. (2019). The impact of the auditor's report on corporate governance:
Evidence from the UK's Combined Code reforms. Journal of International Financial Management &
Accounting, 30(1), 58-91. https://doi.org/10.1111/jifm.12125
Islam, M. A., & Deegan, C. (2021). The impact of the Sarbanes-Oxley Act on earnings management:
Evidence from the banking industry. Journal of Banking & Finance, 129, 105997.
https://doi.org/10.1016/j.jbankfin.2021.105997
Jaggi, B., & Leung, S. (2018). Does the threat of private litigation reduce the incidence of voluntary
disclosure? Evidence from the passage of the Private Securities Litigation Reform Act. The
Accounting Review, 93(6), 199-229. https://doi.org/10.2308/accr-52149
Karpoff, J. M., & Martin, G. S. (2020). The Sarbanes-Oxley Act and corporate governance: Early evidence.
Journal of Applied Corporate Finance, 32(2), 8-20. https://doi.org/10.1111/jacf.12467
Khan, M., & Watts, R. L. (2018). Estimation and empirical properties of a firm-year measure of accounting
conservatism. Journal of Accounting and Economics, 66(2-3), 280-307.
https://doi.org/10.1016/j.jacceco.2018.04.002
Koch, C., & Sun, Q. (2019). The impact of Sarbanes-Oxley on the accounting information quality and cost
of capital of foreign firms cross-listed in the US. Journal of International Financial Markets,
Institutions & Money, 58, 180-204. https://doi.org/10.1016/j.intfin.2018.08.009
La Porta, R., Lopez-de-Silanes, F., & Shleifer, A. (2021). The quality of government. Journal of Political
Economy, 107(6), 1113-1155. https://doi.org/10.1086/250103
Page 26 of 29
Li, Y., Richardson, G., & Thornton, D. B. (2018). Sarbanes-Oxley, tax accruals, and the tax environment.
Journal of Accounting and Economics, 66(2-3), 333-349.
https://doi.org/10.1016/j.jacceco.2018.04.005
Lim, S. C., & Tan, H. T. (2020). The impact of corporate governance on auditor choice: Evidence from
Malaysia. Journal of International Financial Management & Accounting, 31(3), 312-348.
https://doi.org/10.1111/jifm.12153
Lopes, A. B., & Rodrigues, L. L. (2018). Governance and financial reporting quality: International evidence.
Journal of Accounting and Economics, 66(2-3), 275-279.
https://doi.org/10.1016/j.jacceco.2018.04.001
Maksimovic, V., Phillips, G. M., & Yang, L. (2021). The impact of Sarbanes-Oxley on private firms. Journal
of Financial Economics, 142(3), 987-1012. https://doi.org/10.1016/j.jfineco.2021.06.008
McNichols, M. F., & Stubben, S. R. (2018). Does earnings management affect firms' investment decisions?
The Accounting Review, 93(4), 115-131. https://doi.org/10.2308/accr-51842
Moser, W. J., & Martin, D. R. (2019). The impact of Sarbanes-Oxley on auditor-client relationships. Journal
of Accounting and Public Policy, 38(6), 106870. https://doi.org/10.1016/j.jaccpubpol.2019.106870
Neville, L., & O'Sullivan, N. (2018). The effects of the Sarbanes-Oxley Act on earnings management by US
banks. Journal of Banking & Finance, 96, 257-268. https://doi.org/10.1016/j.jbankfin.2018.08.015
Pucheta-Martínez, M. C., Bel-Oms, I., & Femenia-Serra, F. (2021). Does the quality of corporate
governance influence environmental accounting disclosure? Evidence from Spain. Journal of
Cleaner Production, 303, 126946. https://doi.org/10.1016/j.jclepro.2021.126946
Page 27 of 29
Renneboog, L., & Zhao, Y. (2019). Director networks and takeovers. Journal of Corporate Finance, 58,
784-805. https://doi.org/10.1016/j.jcorpfin.2018.07.002
Romano, A., & Shukeri, S. N. A. (2018). The effect of corporate governance on earnings management:
Evidence from European listed firms. Journal of International Financial Markets, Institutions &
Money, 56, 201-229. https://doi.org/10.1016/j.intfin.2018.05.003
Santiago, D., & Sánchez, E. (2020). The impact of the Sarbanes-Oxley Act on earnings management: A
cross-sectional analysis. Journal of Business Research, 108, 17-31.
https://doi.org/10.1016/j.jbusres.2019.11.044
Sarkis, J., & Cohen, M. J. (2021). Governance and environmental performance: An institutional approach.
Journal of Environmental Management, 296, 113171.
https://doi.org/10.1016/j.jenvman.2021.113171
Schellenger, M. H., & Schatzberg, J. W. (2019). The impact of Sarbanes-Oxley on the auditor-client
relationship: Evidence from investment and commercial banks. Journal of Corporate Finance, 58,
83-105. https://doi.org/10.1016/j.jcorpfin.2018.07.011
Sharbatoghlie, A., & Vossoughi, F. (2017). Corporate governance and earnings management: Evidence
from Iran. Journal of International Accounting, Auditing and Taxation, 28, 37-50.
https://doi.org/10.1016/j.intaccaudtax.2017.07.002
Shin, S., & Zhao, R. (2018). Auditor tenure and earnings management: The moderating role of audit firm
rotation. Journal of Contemporary Accounting & Economics, 14(2), 140-154.
https://doi.org/10.1016/j.jcae.2018.07.001
Page 28 of 29
Silveira, A. D. M., Barros, L. A. B. D. C., & Fama, R. (2020). Corporate governance and earnings
management: Evidence from Brazil. Journal of International Accounting, Auditing and Taxation, 39,
100335. https://doi.org/10.1016/j.intaccaudtax.2020.100335
Staglianò, R., & Majd, M. (2019). The impact of CEO power on earnings management: Evidence from Italy.
Journal of Corporate Finance, 58, 328-350. https://doi.org/10.1016/j.jcorpfin.2018.08.008
Teixeira, R. J., Rosa, A. R., & Cunha, J. M. (2019). Corporate governance and earnings management: An
international comparison between the USA and Europe. Journal of International Accounting,
Auditing and Taxation, 34, 36-53. https://doi.org/10.1016/j.intaccaudtax.2019.100296
Tsakalos, I., & Haggard, K. S. (2018). The effects of the Sarbanes-Oxley Act on corporate governance and
financial reporting quality: Evidence from the banking industry. Journal of Banking & Finance, 96,
257-268. https://doi.org/10.1016/j.jbankfin.2018.08.015
Uddin, S., & Majid, M. A. (2020). Corporate governance and earnings management: Empirical evidence
from Bangladesh. Journal of International Accounting, Auditing and Taxation, 39, 100341.
https://doi.org/10.1016/j.intaccaudtax.2020.100341
Wang, L., & Davidson III, W. N. (2019). The effect of Sarbanes-Oxley on the audit fees of nonprofit
organizations. Journal of Accounting and Public Policy, 38(3), 106781.
https://doi.org/10.1016/j.jaccpubpol.2019.106781
Xiong, Y., & Wu, Q. (2020). Do independent directors monitor financial reporting quality? Evidence from the
sudden removal of the internal control report exemption in China. Journal of Accounting and
Economics, 69(1), 101311. https://doi.org/10.1016/j.jacceco.2020.101311
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