Outsourcing-law Whitepaper

OSL-002

Sarbanes-Oxley-Based Disclosure Whitepaper
Impact of New Sarbanes-Oxley-Based Disclosure Rules on Business Process Outsourcing
Effective August 23, 2004

Companies (domestic and foreign) whose securities are traded on exchanges in the United States must file disclosure documents with the Securities and Exchange Commission. Effective August 23, 2004, these rules apply to enterprise customers and service providers alike.

As a compliance matter, the new SEC rules on disclosures for Form 8-K may affect the way in which outsourcing transactions are reported. As a business strategy matter, the change in reporting rules may also affect the way in which outsourcing negotiations or renegotiations occur.

This may open the door to some unforeseen strategic risks and opportunities for both enterprise customers and service providers at the bargaining table, during the course of relationship management and at renegotiation. The new requirements will impact enterprises engaged in outsourcing, shared services organizations and captive service centers.

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