Is there any legal requirement for public companies to have whistle blower hotlines other than the Sarbanes-Oxley Act?
Answers
I do not believe any other exists. However it is a good idea to create some sort of process by which individuals that identify fraud or unethical behavior have an internal way to report it, for Senior
I agree there is no other law if you do not use federal funds. There are requirements if you receive any federal and most state funds to have these hot lines. It is better to identify and solve problems internally before something happens that can cause major issues. There are also lawyers that can suit on behalf of whistleblowers and they make there money on contingent fees from the amount recovered by your organization. If someone feels they have a good case it could cost your organization to defend yourself. Remember these hot lines are not always for financial issues but also danguous production process or creating a product that can harm someone else.
As a part of new-hire orientation, most large organizations are including a
There are no other requirements expect those in
NY stock listing regulations require such a provision, I believe. "Contractual", rather than statutory, as listing is not mandatory. The SEC is developing rules that have whistleblower requirements.
When implementing a hot-line, consider not using an outside service. They can be expensive for not much if any work. Put a hot-line in place that the audit committee chairman replies to exclusively. It probably will be good enough. To make sure it is working, I suggest having a test call made once per quarter.