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"Two Cheers for Sarbanes-Oxley"? Well, we'll see.

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The article below was sent from a dear friend of mine and fellow SOX enthusiast, Clark Keeler, Director, BPM.  I find the article to have a significant amount of irony considering it claims that "American business people of a conservative nature have been dreaming about driving a stake through the heart of the Sarbanes-Oxley act ever since the legislation was passed..." It would seem to me that if a person was truly fiscally conservative, they would consider Sarbanes-Oxley to be the prudent choice rather than the radical one.  Internal controls require there to be a check point in a business procedure that requires someone other than the preparer of the documentation to verify the accuracy of what was prepared.  This verification prevents someone from acting alone when making decisions about shareholder assets (physical assets, capital, intangible assets, etc). I am of the opinion that this double check adds a necessary layer of review considering the potential for fraud, errors, omissions, etc.  Considering all that we at Vibato, LLC have found when testing internal controls, this is no longer just opinion but rather, fact.  Read more on the article here:

Two cheers for Sarbanes-Oxley

The Supreme Court gets it right by tweaking, but not overturning, the controversial legislation

Jun 29th 2010

AMERICAN business people of a conservative nature have been dreaming about driving a stake through the heart of the Sarbanes-Oxley act ever since the legislation was passed, back in 2002, in the wake of the Enron, Tyco, WorldCom and Global Crossing scandals. George Bush rightly described the legislation as “the most far-reaching reforms of American business practices since the time of Franklin D. Roosevelt”. But to its critics it is far-reaching in the wrong direction. The American Enterprise Institute, a right-wing think-tank, has dismissed Sarbox as a “colossal failure”. Ron Paul, a Texan libertarian, has argued that it puts America at a competitive disadvantage. The Wall Street Journal thunders that it has “imposed hundreds of billions of dollars in costs on business with no noticeable decline in financial scandals”. Newt Gingrich has urged Congress, the body that he once dominated, to repeal the act.”

See the full article here. 

 

Comments

It is not conservatives that want to kill SOX, it is rational people who know that Sarbox has failed to achieve any of its goals and is killing US innovation (see http://hallingblog.com/2010/01/04/sarbanes-oxley-obstructing-innovation/). In 1996 the US had 60% of the worldwide IPOs in 2005 we had only 20%. Unfortunately, SOX is just one of several laws since 2000 we have passed that are killing innovation in the US. The incredible innovation of the 90s was based on technology start-up companies built on intellectual capital, financial capital, and human capital. All three of the pillars have been under attack since 2000. Our patent laws have been weakened reducing the value of intellectual capital. Sarbanes Oxley has made it impossible to go public reducing financial capital for start-ups and the FASB rules on stock options have made it harder to attract human capital to start-ups. The Decline and Fall of the American Entrepreneur: How Little Known Laws and Regulations are Killing Innovation http://www.amazon.com/Decline-Fall-American-Entrepreneur-Regulations/dp/1439261369/ref=sr_1_1?ie=UTF8&s=books&qid=1262124667&sr=8-1, explains these problems in more detail.
Posted @ Friday, July 23, 2010 10:33 AM by Dale B. Halling
Dale, I appreciate your comments and the associated press that goes along with them. Your posts are so off-base that I find it pointless to respond but again, thanks for keeping up with our blog.
Posted @ Thursday, July 29, 2010 10:14 PM by Teresa Bockwoldt
Gee Teresa,  
 
Your evidence is just so overwhelming, I guess I have to concede.  
 
Posted @ Monday, August 02, 2010 10:43 AM by Dale Halling
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