CHUD.com Community › Forums › POLITICS & RELIGION › Political Discourse › The Unintended Consequences of Sarbanes-Oxley
New Posts  All Forums:Forum Nav:

The Unintended Consequences of Sarbanes-Oxley

post #1 of 14
Thread Starter 
From Forbes:

A recent report claims competition between financial centers is increasingly a function of access to talent and regulatory and legal environments. There is increasing concern that the United States is losing on both counts due to increasing legal and regulatory constraints and restrictive immigration laws:

1. Sarbanes-Oxley. A majority of business leaders interviewed for the report believe the Sarbanes-Oxley Act of 2002 has helped improve corporate governance, transparency and accounting standards in the United States. However, many are also concerned that the costs of compliance may be discouraging foreign firms from listing in the United States in favor of markets such as the United Kingdom, where costs of compliance are lower.

Beyond the issue of increased costs is the implicit extra-territorial reach of U.S. authorities via Section 404 of Sarb-Ox.
===

Sarbanes-Oxley struck me as the essence of good government. I thought that, rather than drive capital away, it would draw quality players: if a company lists in the US, you know it's legit.

I've been seeing more and more about S-O's impact on American economic comopetitiveness, and it raises an interesting question: how do you balance the net good of stringent government oversight against the net bad of capital loss?
post #2 of 14
All my buddies in securities have been talking about this for the last year or so. Frankly, I avoided SOX like the plague while I was in school...my brother works in SOX compliance for one of the big 3, and it does not sound like a good time.
post #3 of 14
I don't know much about it but when these kinds of arguments present themselves I can't help but think it's all a bid for more corporate welfare and wheel-greasing. We have to have standards in this country. We have a system that depends on taxes and regulations, scrupulous governing and a degree of transparency. As things stand, Bush has all but eliminated funding for anything promoting the general welfare while throwing money at, and removing a *&^%load of regulations for big corporations and industry. Degrading standards further seems like a bad idea to me.
post #4 of 14
Thread Starter 
yt, I'm not arguing for degrading standards. I am, however, interested in calibrating standards. When your regulatory demands are so onerous as to drive business away, it makes sense to think about how you can achieve your goals of fair play and transparancy without incurring that business loss.
post #5 of 14
Principals at big corporations have a proven willingness to break the law for personal financial gain and mullti-million dollar companies are just crawling with greed, so I hope SOX doesn't get repealed. Publicly traded companies need independent audits.

Maybe I'm just naive or cynical or both, but I would hate for things to slide back into the see-no-evil speak-no-evil hear-no-evil approach of the past decade. It didn't work, and SOX has a lot of great factors.

I'm not really informed on the matter, it's not really my cup of meat, but it seems like the real issue is auditing and accounting costs. I do think that it will take some big brains to figure out a cheaper way for smaller companies to comply. That seems to be the most critical issue. Huge billion dollar companies can have multi million dollar payouts for their executives, so they should be able to handle a paltry $5m for accounting and audits. If they choose to take their companies to London then maybe something's fishy anyway. If the mass exodus to London is accurate, I wouldn't be surprised if a few years down the line an accompanying rash of corporate scandals crops up. If space is allowed for greed to fester, it inevitably will.
post #6 of 14
Thread Starter 
I don't think we're talking about a mass exodus to London. I have, however, read SOX factored into the growth of London in the British press and SOX factored into the decline of NY in the American press.

Having said that, I wonder if a rash of scandals will crop up in London. Do the British have an oversight system that's less onerous and as effective as our own?
post #7 of 14
This debate over SOX's efficacy really makes me wish we never deregulated the energy industry in the first place, as if Enron wasn't enough.
post #8 of 14
I did compliance testing for a little over a year... It's really bullshit lipservice and nothing more.
post #9 of 14
Thread Starter 
Quote:
Originally Posted by Pop Zeus
This debate over SOX's efficacy really makes me wish we never deregulated the energy industry in the first place, as if Enron wasn't enough.
???
post #10 of 14
A lot of us in the IT community equate SOX as the new "Y2K". Companies are scrambling to get in compliance, and they're paying outrageous amounts of money to companies that are "experts" in the field to come in and get everything up to snuff.
post #11 of 14
Quote:
Originally Posted by Martianman
A lot of us in the IT community equate SOX as the new "Y2K". Companies are scrambling to get in compliance, and they're paying outrageous amounts of money to companies that are "experts" in the field to come in and get everything up to snuff.
Yep. It's one of a never ending series of accidental IT consequences Congress arbitrarily causes by their complete lack of comprehending the technology field. The unintended consequences of the DMCA and Can-SPAN acts have worked against everyone as well, and those were technology specific bills.

None of them seemed to be aware that moving Daylight Savings time was an unintended micro Y2K situation either. I'm curious how they'll react to the far more dangerous Year 2038 problem as it approaches.
post #12 of 14
Quote:
Originally Posted by FrankCobretti
???
The cure (SOX) isn't necessarily worse than the disease (corporate malfeasence,) but the cure doesn't get you back to anywhere near 100% health (life before the shit hit the fan.)

All this is under the assumption that SOX was enacted as a result of Enron and the like, which was a result of deregulation in the '90s.
post #13 of 14
Thread Starter 
Quote:
Originally Posted by Death Surge
It's one of a never ending series of accidental IT consequences Congress arbitrarily causes by their complete lack of comprehending the technology field.
What's there to comprehend? It's just tubes, right?
post #14 of 14
Thread Starter 
Quote:
Originally Posted by Pop Zeus
The cure (SOX) isn't necessarily worse than the disease (corporate malfeasence,) but the cure doesn't get you back to anywhere near 100% health (life before the shit hit the fan.)

All this is under the assumption that SOX was enacted as a result of Enron and the like, which was a result of deregulation in the '90s.
Ah, that makes sense. Thanks for the explanation!
New Posts  All Forums:Forum Nav:
  Return Home
  Back to Forum: Political Discourse
CHUD.com Community › Forums › POLITICS & RELIGION › Political Discourse › The Unintended Consequences of Sarbanes-Oxley