9.2.06

Regulamentação e consequências não pretendidas

A free-market advocacy group has filed a lawsuit that challenges the legal authority of the Public Company Accounting Oversight Board to police the accounting profession.
The Free Enterprise Fund asserted in a press release that the Sarbanes-Oxley Act of 2002 — the landmark legislation that created the PCAOB — "was rushed into law" with legitimate intentions but "ultimately has produced costly unintended consequences for publicly traded U.S. businesses, entrepreneurs, and capital markets."
The group cited a recent University of Rochester study that found that Sarbox has sliced the total stock market value of American companies by $1.4 trillion.(...)"The PCAOB and the Sarbanes-Oxley Act raise unconstitutional barriers to needed liquidity, discourage entrepreneurship and innovation, and hinder U.S. competitiveness by denying access to needed capital. Further, the high cost of compliance that disproportionately affects smaller public companies is having long-term, exponential negative implications for our economy."(...)

[Mallory] Factor [chairman of the F.E.F.] argued in the press release that the goals of solid internal controls and transparent financial reporting are better achieved through the free market rather than from regulation. "Enforcement efforts should focus on aggressive prosecution of bad actors under existing anti-fraud laws rather than imposing costly and largely ineffective procedural requirements on all public companies," he added.