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The US Securities and Exchange Commission (SEC) launched an astonishing attack on the City’s regulatory standards yesterday, just weeks after an American bidder failed in its quest to buy the London Stock Exchange.
Roel Campos, an SEC commissioner, likened London’s junior AIM market to a casino, challenging frequent assurances by Nasdaq that LSE regulations would be “ringfenced” in the event of a takeover by the New York exchange.
“I’m concerned that 30 per cent of issuers that list on AIM are gone in a year. That feels like a casino to me,” Mr Campos said on the sidelines of the SEC Regulation Outside the US conference in London. “It is a losing proposition to tout lower standards as a way to promote your markets.”
As the competition to be the world’s leading financial centre hots up between London and New York, Mr Campos upped the ante by suggesting that the LSE would also suffer as a result of the lax regulation of AIM. “There’s also a danger with higher standards; if it’s too affiliated with an exchange that has lower standards, it gets painted with the same brush.”
Mr Campos later sought to play down his comments, saying that he did not intend to “smear” the London exchange. However, his sentiments will tap into fears among LSE customers that tough regulations would be forced on the London exchanges in the event of a takeover by Nasdaq, which declined to comment on the SEC commissioner’s views.
The City of London, the local authority for the Square Mile, immediately leapt to the defence of AIM. Michael Snyder, chairman of the City’s policy and resources committee, said Mr Campos’s claims were “founded on false assumptions”. He said: “AIM is a well-regulated market and those advisers who introduce companies to it put their own reputation on the line. Investors know that there is scope for loss as well as profit.”
The LSE said Mr Campos’s remarks were “entirely wrong”. “They do a disservice to the quality small companies choosing to join AIM, the institutions choosing to invest in those companies and the high regulatory standards that the LSE promotes.”
Mr Campos’s remarks are in contrast to comments made by Bob Greifeld, Nasdaq’s chief executive, last autumn. He said that he supported efforts in the US to relax the notoriously heavy burden of the Sarbanes-Oxley regulations in favour of “a more risk-based approach” closer to that in the UK.
The heavy burden of regulation in New York introduced after the Enron accounting scandal is thought to have diverted many of the largest initial public offerings to London. Last year’s combined proceeds from IPOs on AIM and the LSE topped those on Nasdaq and the NYSE for the first time.
John Thain, chief executive of the NYSE, said recently he felt the junior market “did not have any standards at all and anyone could list”.
Roel concern
‘I’m concerned that 30 per cent of issuers that list on AIM are gone in a year. That feels like a casino to me, and I believe that investors will treat it as such’
‘Issuers who can’t even meet the standards of our over-the-counter, or pink sheet, situations. They’re hoping that they’ll get lucky and investors will look at this lower-standard exchange’
‘It’s a losing proposition to tout lower standards as a way to promote your markets’
‘US markets are not in decline, whatever people may have heard’
Roel Campos
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Typical! "The pot calling the kettle black". Anyone familiar with the novel "Prudential Bache: Serpant on the rock" will remember the senior President Bush's appointment of a former SEC Commissioner who refused to cooperate with various American states' securities fraud investigators -attempting to tie George W and Prudential Bache to fraudulent limited partnership schemes sold to thousands of retirees (American and German) who lost their nesteggs - per the orders of George Bush Senior.
This has been the 'MO' of this administration from the get-go.
Larry, Middletown, USA/NY
Typical sour grapes. It's about time that the US realised that Sarbanes-Oxley was an over-reaction that has turned into a complete disaster and that that ridiculous piece of legislation should be repealed.
Paul, London,
The figures are not correct. The correct figure is that 3% of companies on AIM go under. This is in line with the main board of the LSE.
So, he's shot his mouth off on the basis of inaccurate information (not just inaccurate - wildly incorrect). If a company released such inaccurate information to the market, they'd get be in all sorts of trouble. Frankly, he's looking a little silly at this point. To paraphrase Roel Campos, "Its a losing proposition to tout misinformation as a way to promote your markets
Angus MacGowan, London, UK
Why is there so much opposition to the Sarbanes-Oxley legislation by the financial industry? The legislation seems to be no different to the same level of standard of monitoring required for chemical/nuclear plants, where the location and amounts of hazardous chemicals must be kept track of at all times. With the financial industry, it is the flow of money that has to be kept track of. The movement of companies out of the US/London, seems to be no different from those companies wishing to avoid environment safety legislation by moving to third world countries with less strict controls.
Michael, Edinburgh,
He is not correct. He added a zero by accident... 3% are gone, not 30%. Americans are mistaken in thinking correcting Sarbanes will fix the issue. It is just one issue to have to deal with. The greater point is that The US is not as attractive to business as it used to be - It has a highly litigous culture, higher insurance premiums, greater threats to directors freedoms, not to mention that the immigration restrictions that the US has does not encourage the best and brightest to be in NY over London. While the overwhelming persception of the USA is that it is the greatest free market economy, it does have certain levels of protectionisms embedded that are serving to limit NYs progress over London at the moment.
Jim Baker, Montreal, Canada
When comments like these come out, combined with various papers coming out recently about the competitive disadvantage US exchanges now have compared to elsewhere in the world....you know the US exchanges (and their regular) are concerned.
For this they only have themselves to blame - bringing in the hugely time-consuming and expensive Sarbanes-Oxley rules would not have stopped an Enron, but does have the effect of capital going to a more appropriate regulatory environment than the sledgehammer of SOX. The US regulators appeared to forget there are alternatives to listing in the US, but now they have been reminded by US companies listing there they complain.
Nicholas Hanes, Tunbridge Wells, UK
If in fact the figures are correct that 30% of AIM issuers are gone in a year, Campos' comments are spot on. While Sarbanes-Oxley probably needs some adjustment, more transparancey is better and the trends are in that direction.
Peter, Hilversum, Netherlands
The words "pot", "kettle" and "black" spring to mind.
I have the misfortune to have my email addresses regularly forged by just one of the many pump-and-dump scams active in the US. I have seen these guys turn over up to $20m in a single week on the Pink Sheets market, using companies that even I can spot as empty shells. If that's not a casino, I don't know what is.
Checking press releases on the SEC's website shows that, very occasionally, a group of these people go to court and get a cease-and-desist order slapped on them. This is meant to be the gold standard of stock market regulation?
Ian Kemmish, Biggleswade, UK