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February 24, 2005

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Adam Shostack

To be clear, while I think SOX is detrimental to companies, I think the larger damage is societal. The increased risks to executives are out of proportion to the benefits that we get from them, which will make it less likely that people will build good companies. I'll define good companies as those that deliver a service that people are willing to pay for, while having relatively few externalities. Because people are willing to pay for the goods or services, we know the company creates value. So fewer companies being created means less utility in the world.

Stuart

@Adam
Help me understand your rationale.
How is society being damaged by SOX?
It seems that the aim and effect of these regulations is to protect the investor (both private like my IRA and proxied through institutions like CalPERS) by forcing more transparency.

Good companies are rewarded by free markets because customers are going to seek what they want for the price they want (a driving motivation with LEAN manufacturing/thinking). CEOs (and all else) that deliver waste are driven out.

How is is that we are getting fewer companies? It seems there is a continuing fount of new small businesses and large corporations are evolving into less centralized/more federated forms. It seems that some examples like Toyota (growing) and Mitsubishi (dying) or Chrysler/Daimler (merging) illustrate benefit for the consumer.

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