Post Mortem Examination of the Collapse of Enron and the United States Sarbanes–Oxley Act 2002: Lessons for Nigeria

Authors

  • Mmadu, R. A. Department of Business and Private Law College of Law, Osun State University, Osogbo - Nigeria

Keywords:

Corporate Failures, Enron, Legislative Interventions, U.S.A, Nigeria

Abstract

The challenges and prospects of rescue interventions to corporate failures in the United States is the focus of this paper. The collapse of Enron and the lessons from it to corporate Americans and indeed the world at large forms the case study of this paper. How could America’s seventh largest corporation suddenly descend to bankruptcy? The paper assesses the legislative interventions of US Sarbanes–Oxley Act 2002 by employing as a method, analytical exposition of the Act. The paper finds that governance and incentive problems contributed to Enron’s rise and fall. It argues that though the provisions of the Act are aimed at compelling corporate governance and international best practices, inherent weaknesses and inconsistencies with superior legislations leave a big question mark on their applicability and effectiveness. The paper calls for legislative rethink if the corporate world must prevent future ‘Enrons’.

 

References

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The Sarbanes-Oxley Act 2002 of the US was enacted by Congress in 2002 to combat future corporate failure, while the Assets Management Corporation of Nigeria Act 2010 was enacted in 2010 to savage the fast collapsing banking sector of Nigeria.

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Corporate governance issues were left to states and self-regulation by individual company. In the wake of Enron scandal, the investing public agitated for reform as states were no longer trusted to protect Investors’ interest due to subsisting rivalry in attracting corporate charters.

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Published

2023-12-04

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