House Democrats John Adler, Carolyn Maloney Move To Weaken Investor Protection Bill
Two House Democrats are planning to introduce amendments Tuesday to exempt small- and medium-sized companies from a key post-Enron reform. Consumer advocates and investor groups say that the proposed exemptions would severely undercut protection for investors and increase the chances for financial fraud.
Reps. John Adler of New Jersey and Carolyn Maloney of New York will attempt to amend the Investor Protection Act of 2009 -- a bill designed to beef up investor protection -- by adding in provisions that will undermine the Sarbanes-Oxley Act, the 2002 law designed to increase investor confidence that was enacted after accounting scandals at Enron and WorldCom rocked investors. The law was supposed to improve the accuracy, reliability, and transparency of corporate financial reporting by requiring firms to audit their financial statements and internal controls.
Adler, a member of the pro-business New Democrat Coalition, is proposing to exempt publicly-traded firms with market capitalization less than $700 million from a provision of Sarbanes-Oxley mandating an external audit of the firm.
Specifically, Adler's provision calls for "less stringent requirements" for these firms, and would require the Securities and Exchange Commission -- the federal watchdog overseeing the capital markets -- to develop rules that would ease the "burden" on these firms. But until the SEC developed those rules, firms worth less than $700 million would be completely exempt from mandated external audits.
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