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"When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that justifies it."

Frederic Bastiat

A MOVE TO CHANGE SARBANES-OXLEY

By
Neal Boortz
@ November 4, 2009 8:22 AM
Permalink | Comments (10) | TrackBacks (0)

Hold on to your hats. I'm about to give The Community Organizer credit for something.

The Obama administration is apparently pushing Democrats in the House to reform the hideous act of 2002 known as Sarbanes-Oxley. Chief of Staff Rahm Emanuel is spearheading the campaign to spare small public companies from complying with the costs of Sarbanes-Oxley. Rep. Carolyn Maloney is set to add the exemption to the House financial reform bill for firms with market values of less than $75 million. One Representative, John Adler, wants to increase that figure to firms with a market value below $700 million, until the SEC can figure out how to reduce compliance costs.

How much are we talking about in compliance costs? From Bloomberg: Small companies voluntarily adhering to the audit requirements said they spent $690,219 on average in their most recent fiscal year, according to an SEC survey in October. Businesses with market capitalizations from $75 million to $700 million spent $1 million and the largest U.S. corporations spent $3.99 million, the SEC said.

Atta boy, PrezBO.

Uh oh. Did I use the word "boy?" OMG! I'm a racist!



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What others are saying

  • RE: A MOVE TO CHANGE SARBANES-OXLEY
    These types of provisions have come up from time-to-time over the past years and I always find it interesting and disturbing at the same time. The provisions are typically created by people such as Reps. Scott Garrett (R., N.J.) and John Adler (D., N.J.), who have not had the opportunity to see the detailed work produced by the accounting departments of the world; the work that shareholders ultimately place their reliance upon when making investing decisions. I see this type of work every day and I can tell you, most pre-SOX companies are at best moderately sure that their financial statements are correct which is downright scary. Remember, the companies in question choose to go public and allow outsiders to invest in their company to make money; they aren’t victims.

    I have been implementing Sarbanes-Oxley since 2004 and my experiences have proven that there is a positive return on investment (ROI) for employees and investors alike. The ROI includes shorter close durations, less post-close adjustments because the numbers are correct the first time, fewer accounting resources needed to get the work done (this is a huge misnomer, accounting department resources do not need to increase because of SOX and I have personally seen it decrease as a direct result of a SOX implementation), etc. This list is endless. One of our clients was successful in reducing their audit fees by $900K annually after we helped them implement controls that fixed their accounting issues and caused their externals auditors to sign off on their financials faster. This particular client now pays $6,000 annually for its SOX compliance work and their external audit durations have been reduced to less than two weeks. Companies of $150MM in revenue typically only need one person to assist them with their SOX work (rather than the 3-5 that it used to be that helped caused your hourly fees to be near $1000) and the documentation effort can be done in less than a week.
    With all of the benefits, I am very unclear on how and why the merits of SOX compliance for public companies are still being debated.
    All my best,
    Teresa Bockwoldt MBA, MST
    CEO & Co-Founder
    Vibato, LLC
    655 Montgomery Street, 5th Floor, Suite 540 San Francisco, CA 94111
    Office: 415.240.4867 | Mobile: 707.477.0008 | Fax: 888.407.7725
    tbockwoldt@vibato.com I SOX Compliance Made Simple® | http://www.vibato.com
  • Neal
    Neal is twittering too much. He is saying things like "OMG!" Neal and my 13 year old nieces have something in common, it seems.
  • Where were you when this was passed
    And of course the crybaby conservatives were most likely cheering when conservatives passed this!

    Conservatives=Hypocrites
  • President Obama & Rahmbo get one right....
    ...there's a first time for everything. A broken clock and all that...
  • Excellent!
    It was a dumb thing from the beginning, yep, one for Obama.
  • They'll Screw It Up
    I'll bet the provision to reform this monstrosity itself becomes a monstrosity. Politicians can't help themselves, they'll wind up hanging pork on this simple provision so badly that it will wind up looking like a smokehouse at slaughter time.
  • SOX
    This is all Bush's fault! If he had never signed that bill in the first place Obama wouldn't have to clean up his mess. Furthermore, if Bush had regulated the likes of Enron, none of this would've ever happened. It all comes down to Bush. It is Bush's fault because he didn't act, and it is Bush's fault because he acted. Oh and by the way, using the word boy is racist! You may joke about it, but there are code words for African American and using them are racist. I submit the following so that you all know:
    Boy
    Skinny
    Socialist
    Communist
    TOTUS
    Birth Certificate
    Stupid
    Basketball Player
    Football Player
    Player
    Senator
    President
    "I disagree with the President"
    Obama Administration
    Person
    Human
    Truth
  • Sarbanes-Oxley Bill
    The Sarbanes-Oxley bill was one of the negative effects of the Enron/WorldCom accounting scandals from earlier in the decade. If we would just simply vigorously enforce EXISTING laws against fraud and increase mandatory minimums, we wouldn't need new laws. Bernard Ebbers of WorldCom is in prison until 2028 and Skilling of Enron is serving a 24 year sentence. Good! But around 2005, the Justice Department dropped the ball and didn't go after white collar crime as much as they did in the past.
    Go after the criminal element on Wall Street and sentence them to such a long time in prison that Bernard Madoff will say '150 years, damn I got off easy!'.
  • SOX
    OK, give (a small) one to the White House. This over-reaction to Enron has done nothing to help investors.

    However, it has provided/saved many public accounting jobs.....
  • Are the Atlanta racists
    going to riot now that a white woman won ?
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