Ricky:
... it makes the point that regulation was originally a response to the problem. Anyone complaining about the problem should first look at the origins of the problem and explain how ending the regulation won't lead to the reoccurrence of the problem...
Where do I begin? Let's define the debating topic. I define the question as, "does some regulation hinder economic growth". Points that you make that are extraneous to this I'm not going to engage because we will just end up with our typical meandering conversation.
From the Wikipedia entry on SARBOX (after the bit that you posted):
Foley & Lardner Survey (2007): This annual study focused on changes in the total costs of being a U.S. public company, which were significantly affected by SOX. Such costs include external auditor fees, directors and officers (D&O) insurance, board compensation, lost productivity, and legal costs. Each of these cost categories increased significantly between FY2001 and FY2006. Nearly 70% of survey respondents indicated public companies with revenues under $251 million should be exempt from SOX Section 404.
From a summary of that survey:
External audit fees have continued to increase and represent a significant expense for public companies. The increases seen in connection with the initial implementation of Section 404 in fiscal year 2004 have been sustained in fiscal years 2005 and 2006.
On average, external audit fees have increased 271 percent between fiscal years 2001 and 2006 for companies with under $1 billion in revenue.
Ricky:
To be clear, its your contention that SO is somehow affecting the ability of public companies to 1) invest or gain investment? 2) be profitable? And your basing this on some accountants you know who get paid to do the compliance paperwork.
It's causing some businesses to relocate to England. That goes directly to US economic growth.
From Wiki:
Some have asserted that Sarbanes–Oxley legislation has helped displace business from New York to London, where the Financial Services Authority regulates the financial sector with a lighter touch. In the UK, the non-statutory Combined Code of Corporate Governance plays a somewhat similar role to SOX. See Howell E. Jackson & Mark J. Roe, “Public Enforcement of Securities Laws: Preliminary Evidence” (Working Paper January 16, 2007). London based Alternative Investment Market claims that its spectacular growth in listings almost entirely coincided with the Sarbanes Oxley legislation. In December 2006 Michael Bloomberg, New York's mayor, and Charles Schumer, a U.S. senator from New York, expressed their concern.[22]
Ricky:
And your basing this on some accountants you know who get paid to do the compliance paperwork... Please correct me if I'm overstating or misconstruing. Its hard to know when you just throw vague claims out
I didn't say that my information was from an accountant so I am sure that you are being inaccurate (at best). It's not hard (for most people) to realize that you are misconstruing when you make things up and pretend that someone else said them. Most people would be embarrased at this point ...
Ricky:
SO only affects companies that are publicly held by the way.
It also affects companies that want to go public but find it too expensive to do so. From Wiki:
A research study published by Joseph Piotroski of Stanford University and Suraj Srinivasan of Harvard Business School titled "Regulation and Bonding: Sarbanes Oxley Act and the Flow of International Listings" in the Journal of Accounting Research in 2008 found that following the act's passage, smaller international companies were more likely to list in stock exchanges in the U.K. rather than U.S. stock exchanges.
Ricky:
As for the actual cost of SO compliance?
The 2007 study indicated that, for 168 companies with average revenues of $4.7 billion, the average compliance costs were $1.7 million (0.036% of revenue)
Also from Wikipedia (after the part that you quoted):
For example, during 2004 U.S. companies with revenues exceeding $5 billion spent 0.06% of revenue on SOX compliance, while companies with less than $100 million in revenue spent 2.55%.
This is a good example of how regulation hurts small businesses much more than large businesses.
Ricky:
Are you claiming tha a state of regulation that allowed the scandals listed above, and others, was healthy for the investment community?
SO may require streamlining or improvement, but in general without the greater transparency that SO provides, there would continue to be the fraud and abuse that was perpetrated before SO.
I think getting rid of the fraud and abuse improves investor confidence and confidence in the markets generally.
Regulations are passed to solve problems, but you always have to make sure that the cure is not worse than the disease. You have to look at costs as well as benefits. Anyone can justify anything if they only look at one side of the equation. By the way, the notion that SARBOX solve thiese problems is flawed when you consider all of the financial scandals that we have had since SARBOX.