top of page

Applicability Of Sarbanes Oxley Act 2002 In India: An Analytical Study




Ms. Meghna Mitra, Student, Xavier Law School, St. Xavier’s University

Dr. Kaustav Choudhoury, Assistant Professor, Xavier Law School, St. Xavier’s University


ABSTRACT


This paper explores the applicability of the Sarbanes-Oxley Act of 2002 (SOX) within the Indian corporate governance landscape, utilising a doctrinal research methodology based in secondary sources. The Sarbanes- Oxley Act, enacted in the United States in response to corporate scandals like Enron and WorldCom, significantly altered the regulatory framework for corporate governance and financial reporting. While SOX is primarily an American statute, its influence on global corporate practices has been profound. This study examines the extent to which SOX principles and requirements have permeated Indian corporate governance, particularly in light of India’s own regulatory developments, such as the Companies Act of 2013 and SEBI regulations. Through an analytical review of legal developments and case studies, this paper identifies the parallels, divergences, and potential areas of integration between SOX and Indian corporate laws. It also assesses the practical challenges and implications of adopting SOX-like provisions in India, considering the differences in legal, economic, and cultural contexts. The findings suggest that while India has adopted several SOX-inspired reforms, significant differences remain, raising questions about the feasibility and desirability of further SOX incorporation. This study contributes to the ongoing discourse on global corporate governance convergence and offers insights for policymakers, regulators, and corporate entities in India.


Keywords: Sarbanes-Oxley Act 2002 (SOX), Corporate governance, Indian Companies Act 2013, Regulatory convergence, SEBI regulations

Comments


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

Submit Manuscript: Click here

Open Access Logo

Licensing:

​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

bottom of page