Risk management not only makes economic sense for companies, it’s also a legallybinding building block in corporate management. However, risk management is not regulated in any single law or code – rather, there are a number of different laws in the US that impinge on risk management.
After several corporate crises in the early 1990s, the US federal government took a major reform step in 2002 and passed the Sarbanes-Oxley Act. It is a federal law that sets new or expanded requirements for all US public company boards, management and public accounting firms. A number of provisions of the Act also apply to privately held companies, such as the willful destruction of evidence to impede a federal investigation.
The sections of the bill cover responsibilities of a public corporation’s board of directors, add criminal penalties for certain misconduct, and require the Securities and Exchange Commission to create regulations to define how public corporations should comply with the law. In addition, there is a legal stipulation that risks must also be adequately taken into account in any business decision (this is called the Business Judgment Rule: It is rooted in the principle that the “directors of a corporation ... are clothed with [the] presumption, which the law accords to them, of being [motivated] in their conduct by a bona fide regard for the interests of the corporation whose affairs the stockholders have committed to their charge.”
In addition, there are still some national standards that may not be legally binding but are in effect required in order for businesses to meet investors’ expectations: These include, for example, the Auditing Standards for Private Companies (issued by the American Institute of Certified Public Accountants) and the Generally Accepted Accounting Principles.
The most important international standards include the risk management standard ISO 31000:2009, the quality management standard ISO 9001:2015, and the COSO Enterprise Risk Management Framework (COSO ERM 2017). The framework, also known as the COSO cube, categorizes risk management according to components, target categories, and organizational units.
The guidelines set out in these standards are intended to help companies implement their own risk management and develop it further. Both the ISO and the COSO standards are regularly reviewed and, if necessary, adapted to reflect current developments in the corporate world.