...establishing a new federal law, SOX, Dodd Frank Act and JOBS Act are reasonably justifiable. After WorldCom and Enron incidents, Sarbanes Oxley Act was established to regulate auditors and public company. After Late 2000’s mortgage crisis and others, Dodd-Frank and JOBS Act was established to regulate financial industry under federal government. Federal regulation seems like always came after a big crisis or downfalls to fix the issue and hopefully prevent future reoccurrence. However, federal government looked like a little bit too reactive because the regulations were always enacted after something bad happened. To make the matter worse, there is no way to proactively prevent any or all frauds or misconducts from happening due to their variety of types. In order to discuss should Sarbanes Oxley, Dodd Frank and JOBS Act be repealed, let’s look into each Act individually and in a more detail sense, In Sarbanes Oxley, some of the important aspects that SOX 2002 deals with are auditor independence and enhanced financial disclosures. It also established Public Company Accounting Oversight Broad (PCAOB) to monitor and oversee public firm’s financial activities. Because there was lack of Audit regulations, it later leaded to the big Enron fraud. Therefore it was clear that something has to be done in order to provide a more sound regulation for auditors to comply with. If we look at since 2002, there are not many significant fraud discoveries, means SOX has been somewhat efficient,...
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...Research Study Capital-Market Effects of Corporate Disclosures and Disclosure Regulation Christian Leuz Peter Wysocki June 26, 2006 Commissioned by the Task Force to Modernize Securities Legislation in Canada Christian Leuz Christian Leuz is currently the Professor of Accounting at the University of Chicago, Graduate School of Business. He is also the David G. Booth Faculty Fellow. Prior to this position, Professor Leuz was the Harold Stott Term Assistant Professor in Accounting at the Wharton School of the University of Pennsylvania and Fellow at Wharton’s Financial Institution Center. His research interests include transparency and corporate governance, financial disclosure and securities regulation, and the links between the institutions of market economies. Professor Leuz earned his doctoral degree and “Habilitation” at the Goethe University Frankfurt in Germany. His most recent publications have appeared in the Journal of Financial Economics, the Journal of Accounting and Economics and the Journal of Accounting Research. He is an Associate Editor of the Journal of Accounting and Economics and serves currently on the Editorial Board of The Accounting Review, the Journal of Accounting Research, the Journal of Business, Finance and Accounting, and the International Journal of Accounting. He has received several grants and honors, of which the Geewax Terker Prize is the latest. Peter Wysocki Professor Peter Wysocki is an associate professor of management at...
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...the financial accounting system. In response, the NYSE and the NASDAQ proposed increasingly stringent independence requirements, both for overall board membership and for the compensation and nominating committees. Congress passed the Sarbanes-Oxley Act, a group of amendments to existing securities laws intended to strengthen corporate governance and the financial reporting system. These proposals and laws augment existing exchange requirements for listed firms to have independent audit committees. When costly internal regulations that are not necessary for honest corporations are imposed on all corporations that are competitors, honest corporations do not gain a competitive advantage over those who have violated the law. In some situations these honest corporations could bear higher costs than do rogue corporations. Who then benefits from such rules? First, standardized rules make it easier for the regulators to supervise the corporate subjects of the regulation. Regulators include not only government regulators and examiners but also the internal police within large organizations-that is, compliance officers, comptrollers, and accountants. Second, generally applicable...
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...Introduction Government regulation is around us everywhere. The government needs to make sure that the public’s interests are maintained and preserved. Being an accounting student, I have heard and read about regulation in the accounting industry numerous times. There have been many major accounting scandals in history that have lead to many different kinds of government regulation. The government regulations in accounting are mostly enacted to protect investors. From 2000 to 2002 there was an abundant number of large corporate accounting frauds, which led to the Sarbanes-Oxley Act of 2002. Previous regulations were efficient to a certain extent, but scandals still happened and more regulation seemed to always be needed. Even though the new SOX regulation seems powerful and efficient, I believe that there will always be a need for additional regulation in order to prevent future scandals. Securities Acts of 1933 and 1934 Summary of Regulation The stock market crash of 1929 resulted in the Securities Act of 1933. This act required that before a company an offer or sell securities in a public offering, they must register the securities with the Securities and Exchange Commission (SEC). The registration statement is used to notify the SEC that a sale of securities is pending and that the information needs to be disclosed to prospective buyers. This statement includes information about the issuer and its business, a description of the stock, the proposed use of the proceeds...
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...Citation: 18 Duke J. Comp. & Int'l L. 151 2007-2008 Content downloaded/printed from HeinOnline (http://heinonline.org) Thu Oct 17 14:15:18 2013 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: https://www.copyright.com/ccc/basicSearch.do? &operation=go&searchType=0 &lastSearch=simple&all=on&titleOrStdNo=1053-6736 EXCHANGE CONSOLIDATION AND MODELS OF INTERNATIONAL SECURITIES REGULATION Bo HARVEY* INTRODUCTION In recent years, globalization and a growing demand for capital have increased competition within the capital markets for the business of issuers and investors.! This has led stock and derivatives exchanges to change their business models from mutual business entities, run for the benefit of their members, to demutualized corporations, run for the benefit of shareholders Consequently, as for-profit corporations, exchanges have looked to position themselves more competitively in an internationalized securities market. Part of such positioning has included increasing exchange alliances and acquisitions on a global scale. This is highlighted by the recent merger between the New York Stock Exchange (NYSE) and Euronext (the new entity to be known as NYSE-Euronext). With financial markets...
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...and safety of business operations as well as services provided. They are the legal fence between education and catastrophe.”The basic regulatory frameworks and acts that govern the present business operations include Sarbanes Oxley Act ([SOX], 2002), Gramm-Leach-Bliley Act (1999), and Health Insurance Portability and Accountability Act ([HIPAA], 1996).” (Ezinearticles.com 2012) The main purpose of these regulatory requirements and tools is to ensure that society as a whole reap the benefits through accountability, integrity and confidentiality. The impact on regulatory requirements is based on how they are implemented. Regulatory Requirements Effect on the Design and Equipment Many times when planning a facility for use in an outpatient clinic it is important to research the regulatory requirements for equipment utilized in the care of patients and how it will impact the over all care, safety and wellness of the organization. The design of health care facilities is governed by many regulations and technical requirements. It is also affected by many less defined needs and pressures. The facility must comply with state and local building codes, which are based on the International Building Codes. The other factors that impact regulation and the design elements of a facility are the National Fire Protection Agency (NFPA), The National Electric Code and The Architectural Barriers Act Accessibility Guidelines (ABAAG). Clinics that serve the outpatients must meet the standards...
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...of how they must act in certain situations, thus giving each business a fair chance at surviving in our economy. They monitor fair payment to employees, proper reporting of earnings, and hold businesses accountable for mistakes. Without laws both society and business would become whirlwinds of chaos. The law also has many different functions, in both society and business. One main function is resolve disputes between two opposing parties. One of the main methods of solving disputes is litigation. While litigation is commonly thought of as a trial, it has many stages that come before the actual trial. The multiple stages of litigation are: Pre-lawsuit, Pleadings, Motions, Discovery, Pretrial and Trial stages (Melvin, 2011). The regulation and enforcement of contracts is one of the many important functions it performs. The text poses a definition of a contract as a “promise or set of promises enforceable by law (Melvin, 2011).” There are many types of contracts produced daily,...
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...IA#1 Cybercrime Law, Regulation, Effects on Innovation John Doe CSEC 620 Section 9022 Note: This paper was submitted through originality check websites. Table of Contents 1. Introduction 3 2. Private Industry & Regulations 4 3. National Security Concerns 4 4. Methods 6 5. Impacts of Government Regulation 7 6. Compliance 8 7. Responsibility 9 8. The Real World 10 9. Conclusion 11 References 12 1. Introduction Cybersecurity and cybersecurity initiatives are commonplace in all aspects of our digital lives. Personal computers are still widely used, especially in the workplace, but mobile devices seem to be the preferred computing choice of the average person. This would include but not be limited to; smart phones, tablets, and laptops to name a few. Mobile devices have changed the digital landscape in a manner that could not have been predicted. This is because other than work or school related activities, most personal computers were used to play a few games, check email, and browse the internet. These activities eventually transitioned over to the aforementioned mobile devices. Now we mix in social media, and a whole new digital cyber-world has emerged. Talk about getting your head out of the clouds. We live in the cloud, literally and figuratively. What does this mean to the average consumer? Perhaps not much. Most people who operate in the digital world could probably care less about the underpinnings of cyberspace and...
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...and Global Business Applications Introduction: The study of government regulation and the competitive environment for business is relevant to all those who study business. All business candidates need to understand how the competitive environment will impact their employers and businesses. Task: Write an essay (suggested length of 2–3 pages) that describes the relationship between regulation and market structures and how regulation affects the market. A. Define industrial (i.e., economic) regulation. Industrial Regulation happens when government commissions regulate the rates or prices of natural monopolies. 1. Explain why industrial regulation exists. In a market structure of perfect competition industrial regulation is not required because there is a lot of competition and this encourages competing industries to make good use of resources, also the price of their goods are determined by the price the market will bear and consumers benefit. Whereas in a monopolistic competition there exists a market structure that could allow competitive monopolies, duopolies, oligopolies, and monopolies to charge higher than competitive prices or the use inefficient use of resources and limited supplies, creating an environment that is not conducive to the benefit of the consumer. . (McConnell, Brue & Flynn, 2012) 2. Explain how industrial regulation affects the market. Industrial regulation affects the market by keeping prices for natural monopolies such as public...
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...ministers by January 1, 2019. The question is, however, whether this is the right path to choose and whether these regulations will be able to prevent the world from any future financial markets crisis. So far, the proposed numbers themselves could hardly be described as tough, as the bounce in bank shares testified. Also, it seems that many important issues are not being addressed at all. (Plenty) But what are the issues that should be addressed? What would be the ideal regulatory state and is it possible to ever achieve it? Let us, first, start with our idea of the “ideal” international financial regulatory plan. After having researched various proposals for the international financial markets regulations, we reached a conclusion that finding the ideal path is going to represent a very difficult task and that none proposed regulation will be able to fit all the states. As mentioned in the article “Financial regulation: More questions than answers” which was posted in Businessline in the end of July, due to the variations in institutional legacies, traditions and systems in individual countries over the world, no one size can fit all. Also, however, we believe that as far as financial stability is concerned within any kind of arrangement that is deemed fit in a particular country, there is no need for a central bank to have a lead role. (Opinion) Any regulations will then require a dispassionate assessment of the reasons for the current system’s failure. The complicated issues...
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...as ethylene glycol butyl ether). It acts as a degreaser and is a colorless, biodegradable chemical with a fruity odor. It is on lists as being a toxic air contaminant and some animal studies indicate that these chemical produced reproductive problems. People exposed to this contaminant have reported nose and eye irritation, headaches, vomiting, and a metallic taste. However, due to low regulation levels, it is difficult for customers to know if their cleaners contain this chemical because it is not listed on the label. Federal and state governments do not regulate air pollution inside the home. An early cleaning company that branded itself as being nontoxic and environmentally friendly used this chemical in its products but did not label it in order to “protect its formula from piracy.” Companies such as Clorox Co. and S.C. Johnson also use this chemical without printing it on the label. They were able to do so when EGBE was removed from the list of hazardous air pollutants and maintains a guideline of for how to prevent chronic inhalation exposure. However, it is a guideline, not a regulation. Professors at University of California, Berkeley not that the EPA erred when it removed the chemical from the hazardous...
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...Proposed regulation: Georgia Super Speeder Law 1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interest you. -Office of Highway Safety controls this Georgia Super Speeder regulation. This agency and regulation interests me because as a Georgia resident I have seen the damages that speeding on a Georgia highway can cause. I have had colleagues face bad accidents as a result to speeding and this regulation punishes those drivers that break the new regulation. -This law will directly affect me so much as if I was in violation of the law; I can face an additional $200 in the ticket fee just for being in violation. This fee does not include the actual speeding ticket. 2. Describe the proposal/change -The new law will increase the amount of money that an individual pays along with the speeding ticket fee. The proposal is in place to decrease the number of deaths and accidents from the result of driving above the given speed limit. 3. Write the public comment which you would submit to this proposal. Explain briefly what you wish to accomplish with your comment. -I am in favor of the new super speeder regulation. I believe this law will decrease the amount of ‘speeders’ on Georgia highways. Georgia has a high rate of motor vehicle accidents a day and with a new law that will punish these drivers with higher fines, I believe that more drivers will take caution and actually...
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...The Averch-Johnson Effect Economics of Competition and Monopoly 1 Rate of Return Regulation This form of regulation in its purest form takes costs as exogenous and observable and forms prices on the basis of observed costs included and appropriate rate of return on capital. One of the principal criticisms that have arisen for the kind of rate of return regulation practised in the United States is that the incentive for productive efficiency are reduced. In particular the input choice of the regulated firm will be distorted. While this effect is widely quoted there are a number of misunderstandings regarding the nature and significance of the theoretical result and there has been a fairly substantial empirical literature that has questioned whether it is relevant in practice. We will look at the theoretical result to illustrate what it does or does not show and look at the empirical relevance. The key aspect of rate of return regulation is that the principal restriction on the regulated firm is that the rate of return it can earn on capital is restricted to a value s. In order for the firm to be able to finance its operations, secure funds for its investments, the firm has to be able to earn a return equivalent to its cost of capital r. As it is difficult to determine the exact cost of capital and there is a hard constraint that the permitted rate of return should not be less that r the permitted rate s will typically be above r. The usual (and somewhat misleading) statement of the...
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...There are three possible alternatives to address this situation. Let us discuss each alternative one by one. The first alternative is that company issues a warning that the toy is unsuitable for the children and thus, the whistle should be used with caution. The major advantage of this alternative is that it does not result in any financial losses as the toys can be shipped immediately. However, this alternative can attract legal consequences as the toy fails to pass the regulatory standards. Further, it is highly unethical for the company to ship the toys even without warning as it could be harmful for children. It is unethical for the company to ship the product which is unacceptable by US standards to another country, even though the regulations are not stringent in that country as it can harm the children in that country as well. The second alternative to address this issue is to reproduce the product and meet the acceptable limits for lead and repackage it at a cost of $100,000. This alternative will result in numerous benefits. First of all, it will be a ethical decision on part of the company. Secondly, this decision will not attract any legal liabilities and will allow the company to maintain its reputation. However, the disadvantage is that this option will result in financial losses of $100,000 for the company. The third alternative is to ship the manufactured product to a country where such product is legally accepted or meets the regulatory standard. This situation...
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...Executive summary One chalange that firms face nowadays is how to expand in the Multinational market and still maintain their compatitive advantages. The major issue is to decide for a favorable place or location for their new businesses. Due to our multicultural globus, every country has its specific regulations, markets, interrests, labor, trade zones, facilities and other factores that could affect the decision of the foreing expansion and the choice of the industry location. This paper illustrates the major factors that should influence such decisions. There are several types of observations, how to decide for a specific location for a company. This dicision depend strongly on the activities of the company, in other words with what type of business profile this company identifies itself. There are two major categories in our global observation what a company can be. The first one is the firms that have industrial backround, like goods production. Second one is companies that are based on service. This second category is not descused in this paper due to the less importance of the site selection decision, because it doesn’t matter whether the whole business process is situated at the same location. The communication technologie open the facility to be successfully performend even on different continet. In this paper I will be focused on the industrial corporates that is willing to take the decision of locating its factory somewhere in the global/international trade zones...
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