The introduction of the Sarbanes-Oxley Act in 2002 has not put
the United States at a competitive disadvantage with its European
counterparts, according to Michael Oxley, former US Congressman and
co-author of the act, commonly known as SOX.
In a podcast interview with Gartner Inc analysts Bruce Bond and
Vincent Oliva on the fifth anniversary of the introduction of the
act, Oxley said that although there is evidence that some European
financial markets are becoming increasingly attractive, the US is
still regarded as the safest and fairest of international markets
with the highest standards.
Oxley, currently vice chairman of the NASDAQ stock exchange,
also said that since the introduction of SOX in the US, many
countries, both developed and developing, have moved towards higher
standards of corporate governance and listing requirements.
The predicted 'race towards the bottom' that was widely
predicted after the New York Stock Exchange and NASDAQ tightened
their listing standards has failed to materialise.
"Frankly it has been mostly the opposite of what many
predicted," said Oxley. "Other countries have stepped up and
understood how important it is to have these kinds of standards and
I would expect that this will continue apace and continue to pay
great rewards."
When asked whether he thought that SOX would stifle innovation
in the US on a long-term basis by limiting the ability of smaller,
more innovative companies to access capital markets, Oxley said
that regulations would be continually reviewed to ensure that this
would not happen.
He cited the example where NASDAQ has developed a market for 144a
transactions in which a company can access capital with qualified
investors without registering with the Securities and Exchange
Commission and without complying with Sarbanes Oxley.