Hi Friends,
This particular article was written by me at the beginning of this year, however i feel it still has relevance and hence would be fruitful to post.
The article goes as follows:
IntroductionHank Paulson, the US Treasury Secretary started his speech to a lunch of the Economic Club of New York, as is customary, with a joke: "It's good to be in New York City, the financial capital of the world."
As his nervous audience knew, New York is not the world's financial capital any more. It is one of the world's leading financial centers, certainly, but not the only one.
United States is losing its competitive position as compared to stock markets and financial centers abroad.
A key measure of competitiveness, one particularly relevant to the growth of new jobs, is where new equity capital is being raised.
The chairman of the New York Stock Exchange, told earlier this year that the American market "remains the market of choice." But, he said, the loss of competitiveness is "real and growing."
Wall Street is "losing its leading competitive position" compared to financial centers in other countries, and the federal government must take steps to curb lawsuits and overhaul market regulations to improve New York's standing.
Why is Wall Street losing to its competitors?In the past year, many of the world's largest initial public offerings (mostly of Chinese and Russian companies) have taken place in London and Hong Kong, building concerns over Wall Street's lack of competitiveness in the emerging global financial marketplace.
New York's status as a financial capital is at risk because of excessive litigation and regulation, which are scaring firms away from the United States.
The Securities and Exchange Commission (SEC) is good at the tough stuff, bringing plenty of “enforcement actions”. But in its zeal to keep pace with crusading state attorneys, who exploit high-profile campaigns to win votes, it has lost sight of its other supposed goal—ensuring that markets run smoothly and efficiently.
Alternative Investment Market’s have developed in London and the fact that London and Hong Kong now host many of the world's initial public offerings have dampened spirits of any further enlistments.
In US, more companies are "going private"- signals the "regulatory and liability costs and burdens," are on the rise. In fact, while foreign companies are tapping into America's wealth they are doing so increasingly through private, not public, markets.
Earlier the firms used to come naturally to the United States, however today the forces at work are increasingly different where firms must choose to come to United States to raise capital, rather than them coming obviously.
Sarbanes-Oxley has simply amplified a much broader trend of the firms treading away from US.
Alarm Bells:In 2000, the record year for IPO’s, $13.2 billion, or 33 percent, of the $40.3 billion raised in initial sales of shares, units and depositary receipts on U.S. exchanges was by foreign companies. This year, foreign issuers account for only $5.24 billion, or 13 percent, of the U.S. IPO’s. Of the 25 largest companies to go public outside their home markets this year, six chose U.S. exchanges. That compares with 22 in 2000.
In 2000, around 50% of the global value of IPO’s was raised in the US, whereas the same figure was just 5% last year.
For the second straight year, more money is being raised from European and Asian IPO’s than in the U.S. Companies sold about $72 billion of new stocks in markets stretching from Finland to Spain and another $72 billion on exchanges throughout Asia so far in 2006, compared with $36 billion in the U.S
In the first nine months of 2006, 11 American companies opted to list on the London Stock Exchange instead of going public in New York. Those companies raised about $800 million that would have otherwise been raised in US.
That, coupled with the fact London has snared 25% of the global pie for initial public offerings from the 5% it commanded three years ago, highlights a trend that sounds an alarm.
Key reasons for Wall Street not looking as valuable as before:• Capital is becoming more abundant worldwide, so listing in the U.S. isn't as necessary as earlier it used to be.
• Global investors are more willing to look at companies that are listed outside of the U.S. They don't look at a U.S. listing as a litmus test for whether or not to invest in a company
• Wall Street underwriters offer issuers who shun U.S. markets a way to maintain access to American investors
• The strong growth in emerging markets and the development of their capital markets keeps them away from US.
Which in turn indicates that new issuance in Europe and Asia is likely to grow at a faster rate than in the U.S. for some time to come.
• U.S. markets suffer from over-zealous litigation and regulatory overlaps.
• The cost of converting from international accounting standards to U.S. methods is another impediment.
• Completing a listing on the LSE's alternative market can take 12 months to 18 months less than on a U.S. exchange.
• SOX (Sarbanes-Oxley) compliance in US
• Diversifying internationally is an effective strategy for dealing with problems such as Sarbanes-Oxley.
• Lower fee rate outside US:
IPOs pay underwriting commissions of about 2 percent in Europe and 3 percent in Asia, compared with the seven-year average of 6 percent in the U.S., according to Bloomberg data.
• The biggest foreign companies used to come to Wall Street because that was where the money was. They could tap into the US institutional and retail savings pool, and gain the attention of many New York-based hedge funds, only by obtaining a listing on NYSE or NASDAQ.
This is no longer true. More money is managed in other financial centers, particularly London. In a report for the London Stock Exchange, a consultancy estimated that London had $US7.6 trillion in equity assets under management last year, compared with $US8.2 trillion in the four top US centres combined, including $US3.1 trillion in New York.
• US money has flowed abroad, rather than the other way around.
The weaker US dollar and expanding investment opportunities abroad led to Americans holding $US3.1 trillion in foreign equities last year, compared with $US700 billion in 1995. Industrial & Commercial Bank of China did not need to list in New York to raise $US19 billion in its recent IPO; Hong Kong had the capacity.
• The expansion of US investment banks over 20 years has exported Wall Street know-how.
Earlier, US techniques such as book building were greeted with awe and suspicion in London in the mid-1990s. Even the term IPO was alien. Yet, London is now at least equal to New York in innovation, particularly in derivatives.
• The spread of globalization and technology helped the rest of the field play a stellar game of catch-up.
• Companies listing in the U.S. tend to get a higher valuation than in other markets, but this premium is narrowing.
• U.S. regulations make it tough to leave, for a company listed in US.
• Longer-term global shifts among markets themselves point toward a less U.S.-centric future
• The ascendancy of the Euro against the Dollar's dominant position is yet another sign of more globalize times
(With the currency falling, it is natural for IPO’s to go to other, stronger markets,")
• Very high compensation being paid to top executives in American Exchanges raises the operating costs of US Exchanges as compared to other European and Asian exchanges, further supports their cause of charging more fees from firms
• The regulatory structure is too atomized. Too many agencies monitor the markets.
• Hong Kong’s proximity to mainland China’s booming economy was a huge help for it.
• London has been able to pick the best aspects of US practice and discard others
• Companies listing in the U.S. tended to get a higher valuation than in other markets, but this premium is narrowing.
What is SOX and what are its impacts?Sarbanes-Oxley Act of 2002 was enacted after the Enron and WorldCom financial scandals, designed to protect shareholders and the public from accounting errors and fraudulent practices. Administered by the U.S. Securities and Exchange Commission (SEC), SOX sets deadlines for compliance and publishes rules on requirements, covering a wide range of rules. The consequences for failing to comply with certain provisions range from fines to imprisonment
Section 404 of the act requires both the management of publicly held companies and their outside auditor firms to report on the effectiveness of the company's internal controls. Another requirement, Section 302, mandates that executives be personally responsible for financial reports, requiring their signature on the documents.
The cost of compliance is now trickling down to the end user, the investor, and can be classified as direct and indirect. This tax on the market and its participants is having an adverse impact on the US economy.
Direct Costs: Direct costs consist of the reduction in earnings, earnings growth, and dividends that result from the high cost of complying with SOX. The increased accounting and auditing fees that are required in order to comply with SOX are new and sizeable expenses that increase with the size of the company. In an efficient market, the reduction in earnings and growth potential will be reflected in the stock price.
Financial Executives International (FEI), surveyed 217 public companies and found that it took an average of 26,000 additional staff hours and about $4.3 million to fully comply with Section 404.
The cost of being a public company is lower by more than a third in the U.K. It costs as much as $3.5 million a year to comply with the vigorous reporting requirements in the U.S. For a $100 million company, that's 3 to 4 percent of gross revenue.
Public companies with less than $1 billion in annual revenue shelled out nearly $3 million in 2005 – almost triple the amount before reforms were enacted.
There are also “
soft dollar” direct costs, the biggest of which is reduced productivity. While some of the hard dollar costs noted above may include an estimate of the hourly cost of management’s time, I think the real soft costs are understated. How can one quantify the opportunity cost of the time management spends on determining how to comply, implementing new systems, and constantly monitoring these systems instead of growing the business? The thousands of hours spent on compliance divert managements from focusing on becoming more competitive and profitable.
Indirect Costs: Indirect costs are those that result from the unintended consequences of SOX. These costs consist of the reduction in research coverage, the growing number of companies that chose to de-list, a decline in productivity, and the inability of companies to access the capital markets. It is these costs that could have the greatest detrimental impact on the US economy.
In all this uproar, it is the small businesses which are hit the most. This has caused some U.S. companies to argue that Sarbanes-Oxley regulation requirements lead to them being less competitive than their global peers.
Bottom Line: SOX, despite having some very good points, may turn out to be doing more harm than good.
SOX was enacted in an attempt to correct systemic wrongs but has had unintended consequences. SOX and other post-bubble regulations have changed how the markets function in a way that may actually reduce the future growth potential of the US economy because they have reduced the ability of small entrepreneurial firms to tap the capital markets. This may prove to be the biggest cost to investors.
The Fee Tradeoff (Benefit of presence in US market):To be sure, there are downsides to going public outside the U.S. For companies, there's less liquidity on many European and Asian exchanges than on the NYSE or NASDAQ, meaning stocks tend to get traded less frequently and in volumes so small that investors can have trouble selling. Meantime, investors don't get the protections against misconduct that Sarbanes-Oxley offers.
Recommendations for Wall Street:• The federal government should consider exempting small companies from the much-discussed Section 404 of the SOX law because they are getting crushed with the expense of complying.
• The regulatory structure is too atomized. Too many agencies monitor the markets. There are four separate banking regulators. State and federal regulators tread on each other’s toes. The SEC’s duties overlap with those of the Federal Reserve, the Commodity Futures Trading Commission (CFTC) and others. Since it no longer makes sense for the increasingly entwined cash and derivatives markets to be policed by separate regulators, a sensible first step towards streamlining would be to merge the CFTC and the SEC.
• Leveling the regulatory playing field would help, as would shrinking the number of regulators overseeing the markets.
• Competing in the global economy will also require getting America's fiscal house in order by reducing the huge current account and budget deficits while boosting personal savings
• Some of the extensive and far-reaching set of actions would be improving cost-benefit analysis by the Securities and Exchange Commission, allowing shareholders to vote on takeover defenses, and having the Department of Justice revise its prosecutorial guidelines. Criminal prosecution of corporations should be only a last resort.
• The US Government and regulators can do things to make Wall Street a more welcoming place for foreign companies. They can ameliorate the worst aspects of how Sarbanes-Oxley was implemented, and simplify the overseeing. The NYSE and NASDAQ might also hold investment banks to account for charging far more at home than abroad.
From any standpoint, America dominates public capital markets, with the US exchanges accounting for more than half of the world’s stock market capitalisation.
Furthermore, even if the US were to win more listings, the questionable quality of many of the Russian companies that are financing themselves in London and the Chinese companies that are going public in Hong Kong – including lack of disclosure, opaque ownership structures, poor protection for minority investors and behind-the-scenes government manipulation – would force the US Securities and Exchange Commission to weaken its protection of American investors.
Recent measures taken:The New York Stock Exchange is cutting prices. It's ending the $150,000-$200,000 fee it charged companies to switch from rival exchanges.
The issue of Section 404 of Sarbanes-Oxley Act, has already been taken up in Washington, where a Democrat of Queens, is co-sponsoring a bill wherein companies with a market value of less than $700 million and meeting other requirements would be exempted to comply with Section 404.
ConclusionThis is the leading industry in New York. It's an industry that thrives on transactions and if more of those transactions move off shore, New York's economy will suffer and unless US improves its corporate climate, it risks allowing New York to lose its preeminence in the global financial sector.
A "proper balance" between costs and benefits of the rules, including more protection for companies from class-action suits, greater shareholder rights and more slack for smaller firms needs to be established soon.
America needs to reposition itself as cities such as London and Hong Kong are gaining ground. If the Wall Street is not able to do something tougher, then it has to become accustomed to its diminished place in the World.
Labels: Finance