For example, mergers and acquisitions are perceived as the latest fashionable trend to grow the company market share and profitability due to synergies affect. But as the practise has shown, out of the latest mergers, about 75% did not perform as they were expected by the top management.
The Sarbanes-Oxley Act was aimed to facilitate and solve some of these very difficult problems in the accounting and management of the companies. The companies now are restricted to the amount of intangible assets they can show in their balance sheets, which reduces the moral opportunism problems in the company. The company has also currently to hire the auditors which are completely independent from the management of the company and cannot carry out any other than audit services for the company. This solves the problems of insider trading, where the management take advantage of their internal knowledge of the real company situation. On the other hand, the agency problem, though is aimed to be solved, is at much higher cost for the companies now. Also, the auditors are currently under a very big pressure currently to confirm the very big numbers of the intangible assets of the companies.
Previously, as the auditors were heavily involved in the businesses of the company, the moral of the corporate governance suffered. Also, the company has to hire independent directors which is aimed to solve the ethics problem when the directors make the decisions not in the best of the shareholders, creditors and good name of the company, but for their personal wealth. The amount of loans which could be granted to the top management is reduced which solves the possible opportunism by the management. In general, the Sarbanes-Oxley act was aimed to reduce the utilitarianism behaviour of the managers who are tempted to receive the greatest amount of benefits and pleasure possible over the pain of the other. On the other hand, the amount of the reduced bonuses to the top management can create other ethics problems where the management is not sufficiently motivated to perform their best as they would not feel their personal efforts are rewarded as they do not have the stake in the...
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