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Market Solutions to the Agency Problems

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Market Solutions to the Agency Problem in Periodic Financial Reporting
Edgar Carlos Duarte Aguilar
“The statesman, who should attempt to direct private people in what manner they ought to employ their capitals, would not load himself with a most unnecessary attention, but assume an authority which could safely be trusted, not only to no single person, but to no council or senate whatever, and which would nowhere be as dangerous as in the hands of a man who had folly and presumption enough to fancy himself fit to exercise it.”
Adam Smith
Introduction
Enron’s bankruptcy in 2001 was a milestone in recent times as far as corporate governance regulations it is concerned. Besides the executives, the external auditors were accused and found guilty as accomplices in distorting the accounting information the Securities and Exchange Commission (SEC) required from them as a public company that traded its securities in the New York Stock Exchange (NYSE). US Government’s reaction was to increase the regulation on the activities performed by all public companies by issuing the Sarbanes-Oxley Act (SOA) and creating the Public Company Accounting Oversight Board (PCAOB). It was now required that the Chief Financial Officer (CFO) of each company signed a statement on the effectiveness of the Company’s internal control and that the external auditors issued a report on this management’s statement, besides their previously required report on the fair presentation of its financial statements. The auditors became also subject to many regulations on the quality controls of their procedures and were now going to be overseen by the PCAOB.
The objective of this essay is to analyze how the initial regulation on public companies itself provided the incentives for the existence of the Enron case and several similar cases and how additional regulation on the activities of public companies

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