Legal Question in Securities Law in California
Sarbanes-Oxley and software vendors compliance
Can a public company require its software vendor(s) (business information software) to improve the reporting capabilities and real time access of the software program (without the company paying an additional fee for the added functionality) under the auspices that such functionality and informational access is required by Sarbanes-Oxley?
1 Answer from Attorneys
Re: Sarbanes-Oxley and software vendors compliance
Well, I suppose there are two possible avenues under which an obligation might arise.
The first would be if there were something in Sarbanes-Oxley itself that imposed an obligation upon software vendors. While I haven't read the entire Act, so it MAY contain such a provision, I strongly doubt it.
The other possibility is that your agreement or license with your vendor may have an express or implied covenant or warranty of fitness, etc. that could be brought to bear against the vendor. This is also somewhat unlikely, but worth investigating. My hunch is that typical software vendors are pretty careful to avoid liability for future changes in the evironment in which their product is used, especially changes in the law. Still, look into it.
Related Questions & Answers
-
Independent stock research service Do I need any type of license to offer... Asked 5/04/04, 10:15 am in United States California Securities Law
-
Securities mismanagement I am currently planning on sueing two brokers (with... Asked 3/02/04, 10:35 pm in United States California Securities Law