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Regulator Rips Into Global Accounting Plan

The rush to adopt international accounting standards is a politically motivated, myth-ridden effort that will weaken U.S. capital markets, says PCAOB member Charles Niemeier.

September 10, 2008

Recent efforts to move the United States toward adoption of international accounting standards is a politically motivated effort that will hurt the standing of the United States in the world's capital markets, a prominent accounting regulator said today.

A precipitous move away from U.S. Generally Accepted Accounting Principles will undermine the U.S. regulatory system, and thereby "put in jeopardy the thing that gives the U.S. a competitive advantage," said Charles Niemeier, a member and former acting chair of the Public Company Accounting Oversight Board. "All research shows that the U.S. is unique in its regulation. No [country] is as effective . . . . We have the lowest cost of capital in the world. Do we really want to give that up?"

Niemeier, who has been a vocal critic of the accelerated movement toward adoption of IFRS, laid out a scathing critique on Wednesday at a conference in New York City sponsored by the New York State Society of CPAs. Niemeier also declined an audience request to define the PCAOB's official view. "People speaking out individually is the closest you're going to get," he said.

Niemeier challenged the idea that stringent American regulations have hurt the country's ability to compete in global capital markets — an argument made to Treasury Secretary Henry Paulson in 2006 by the Committee on Capital Markets Regulation and again in 2007 by a McKinsey Report commissioned by New York City mayor Michael Bloomberg and Senator Charles Schumer (D-N.Y.).

Niemeier argued the opposite, contending that U.S. regulation gives the country a competitive advantage because it boosts investor confidence and results in a lower cost of capital. Efforts to move to weaker international accounting standards, he said, would undermine those regulations.

There has long been a plan in place for U.S. accounting standard-setters and their international counterparts to gradually eliminate differences between the two different sets of standards through a process called convergence, which Niemeier said he supports. But under President Bush, he said, Washington placed a political focus on "what they called convergence."

"There is no effort underway to converge standards" into a single set of high quality rules anymore, asserted Niemeier. Instead, he said, the Securities and Exchange Commission decision to allow foreign companies to file financial reports using International Financial Reporting Standards without reconciling them to U.S. GAAP had already introduced two sets of standards into the United States. "We've given up on GAAP," said Niemeier. Recent efforts, including the SEC's decision last month to create a roadmap for U.S. conversion to IFRS represented "a move away from convergence toward capitulation."

Responding to Niemeier's remarks, SEC spokesman John Nester said, "The Commission's proposal comes directly in response to the fact that more U.S. investors are investing in more foreign companies in more international markets than ever before, which suggests the need for an international language of disclosure and transparency to protect investors and facilitate their comparisons of corporate financials."

Yet in his speech, Niemeier said claims that IFRS would lead to improved comparability and better investor protection were among a series of widely touted "myths" about IFRS. Likewise, he said, it is no longer the case that the United States is making any effort to converge its existing accounting with IFRS. "Up until the last couple of years, we were on that path . . . but now it seems that decisions were made that it was too hard and would take too long to actually converge," he said.

Niemeier also said it is a myth that IFRS is based more on principles than the rules-heavy U.S GAAP. "IFRS is not more principles-based, it's just younger," said Niemeier, repeating a charge that he has made in the past. GAAP, he said, also started with principles. However, he said, that changed after U.S. v. Simon, a 1969 court decision that found that presenting financial information in conformity with generally accepted accounting principles may not be a sufficient defense against charges of violating the antifraud provisions of U.S. securities laws. That case, he said, was a "shock to the system," and spurred a large number of the rules that exist in GAAP today, which were demanded by companies and auditors seeking a level of predictability and consistency.

"The idea of moving to IFRS is very interesting," observed Niemeier, "because it is moving back to more discretion" for accounting decisions as existed before the Simon ruling.

Indeed, he argued, that increased discretion debunks another myth about IFRS — the contention that it will lead to greater global comparability among financial statements. Niemeier said he finds that contention "most amazing," noting that greater discretion and more comparability are incompatible. "Those don't go together. It's like having your cake and eating it too."

Moreover, "we don't even have to speculate [about comparability]," said Niemeier, "all we have to do is look at Europe." He cited a French study of IFRS use in the European Union that concluded that each country was practicing "nostalgic accounting," that is, individual flavors of IFRS that resembled their original country's GAAP.


Reader CommentsDisplaying 3 of 10

  • rick macchiarulo

    Sep 12, 2008 9:08 AM ET

    It's about time

    Thank you. I've always maintained that there is no practical buseness or economic reason to rush into this IFRS … more

  • Super Heater

    Sep 11, 2008 11:50 PM ET

    Response for Mr. Sharman

    "To a large degree GAAP complexity is a response to the lawyers in the United States. 80% of the world's lawyers … more

  • Lucinda Van Alst

    Sep 11, 2008 4:52 PM ET

    Right on point

    Charles Neimeier is absolutely correct, except he forgot to add the influence of a FASB leader who is an economist by … more

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