¶ … financial crisis was abusive off-balance sheet accounting. Abusive off-balance sheet accounting led to a daisy chain of ineffective and dysfunctional decision-making because it removed transparency from regulators, investors, and markets. Spread of derivative transactions, bad loans, and securitizations brought a once stable financial system to the edge of ruin. While improvements have been made, the FASB's guidelines suffer from two main flaws. The first is lack of congressional mandate. With no clear congressional mandate, FASB and SEC guidelines remain subject to the same type of interpretation that led to the growth of 'regulatory arbitrage' or what others may pen as financial engineering, meaning shifting debts off-balance sheets. This means a company must consolidate a VIE only when it possesses 'control' and has the right to receive benefits and access to VIE's 'most pertinent activities' making the design of the guidelines qualitative in nature (Stickney, 2010).
The guidelines then require assumptions and judgments and can lead to exclusion of liabilities by companies regarding their financial statements with the only necessary action being description of assumptions and judgments. Actions such as these leads to the unlikelihood of generating transparent financial reporting. This leads to the second fatal flaw; major liabilities will continue to remain off-balance sheet. Therefore, Congress must mandate chances related to VIE transactions. For example, companies when financing assets should remain along with the associated liabilities, on the balance sheet, irrespective of the form used to build these financings.
Off balance sheet financing inflates a company's earnings, misrepresenting their financial positions. However, it permits...
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