Of
old boys and audit rules
Two high profile events on new audit rules for listed companies
and corporate social responsibility were held last week attended
by senior private sector executives and regulators. The events demonstrate
the seriousness with which the corporate sector and the regulators
who oversee its activities regard these issues. This should be considered
in the light of the spate of corporate scandals, such as Enron,
that have shocked investors and regulators in more developed markets.
It
was these scandals and the consequent calls for tougher rules from
investors that prompted much soul searching among corporate leaders
and led to the introduction of new regulations meant to prevent
such malpractices or make it easier to detect them.
However,
this heightened concern with better rules and guidelines and in
improving company financial reporting and auditing standards does
not seem to match the perceptions of at least some sections of investors,
especially small investors and minority shareholders.
From
time to time such investors complain about unfair treatment at the
hands of corporate managements and brokers and also that the regulators
were not doing enough to look after their interests and are sometimes
too lenient on companies that break the rules.
Two
such complaints we publish this week relate to auditing standards
and the seeming reluctance of regulators to take more stringent
action against firms that do not comply with the rules. An example
is the Default Board of the Colombo Stock Exchange. We pointed out
earlier this year that some 10 percent of listed companies were
on the default board mainly because they have broken listing requirements
on non-submission of financial statements.
We
called this is a startling figure and wondered why the regulators
had not fined the firms as provided for in the rules. Some top names
in the corporate world are consistent violators of listing rules.
The letter about companies on the default board makes interesting
reading and offers some suggestions on what the regulators could
do to make corporate managements comply with the rules. A 'name
and shame' policy is suggested to make directors of companies adopt
a more responsible attitude.
These
complaints seem to indicate that there is some difference between
the efforts of the corporate world and regulators to tighten the
rules and improve governance and the perception of investors about
the way errant managements are treated. Of course, the regulators
have pointed out that investors often complain for flimsy reasons
and that they ignore the fact that investing in stocks is a risky
business. Very often the problem seems to be poor evaluation of
investment risk by the investors themselves.
But
the fact that such perceptions exist indicate that sections of the
public do not have a favourable impression of the markets and the
way they are regulated.
And
it is not just small investors who have such perceptions. A remark
by PERC chairman Nihal Sri Ameresekere at the SEC seminar on audit
guidelines is very revealing. He spoke about how old boy networks
in Colombo's incestuous corporate world could serve to cover up
fraud.
Hayleys
deputy chairman N. G. Wickremeratne told the same seminar that there
is no point in having rules if they are not implemented properly
and that companies cannot be expected to play strictly by rules
if the rest of the country does not do so.
There
seems to be a gap between the perceptions of some sections of the
investing community, especially small investors, and the big wigs
of the corporate world. Unless this gap is closed and misconceptions
eliminated the aim of broad basing share ownership is unlikely to
be achieved despite all the efforts of the regulators and business
leaders. |