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Editor’s Note:
Paul S. Atkins is
the Chairman of the U.S. Securities and Exchange Commission. This
post is based on his recent remarks. The views expressed in the
post are those of Chairman Atkins and do not necessarily reflect
those of the Securities and Exchange Commission or its staff. |
Thank you very much, Jim [Lee], and good morning, ladies and
gentlemen. Governors Abbott and DeSantis, I am grateful to share the
stage with you. And to Messieurs [Jim] Esposito and Lee, I thank you
for the perspectives that you have shared and for the example that you
have set.
First principles have very clearly found fertile ground here in
Florida. And at its core, I believe that the momentum taking place
across the Boom Belt reflects a deeply American idea: that competition
- among firms; among markets; and yes, among States - is the animating
force behind a system that has produced more prosperity than any other
in human history.
Competition, as I noted recently in Texas, does not pause for
tradition, nor does it defer to legacy jurisdictions. Over time, it
compels systems, and States, to adapt - or to yield. Through
competition, good ideas spread, poor ones fade, and the system itself
grows stronger.
We need not look any further than the Boom Belt for a better example.
The eleven states that span the Southeast are outpacing every other
American quadrant across the measures that matter most, among them
gross domestic product, population growth, job creation, foreign
investment, and private market activity.
When capital, companies, and people all move in the same direction -
with that kind of consistency, and at that kind of scale - it behooves
us to ask why.
I believe that the answer, more often than not, is the region’s steady
adherence to first principles, including those that rigorously protect
investors without needlessly paralyzing companies.
So, for our part, the SEC is returning to those same principles by
renewing the conditions that make our public markets the natural
destination for companies to raise capital and for investors to share
in their success.
For context, decades of accretive rulemakings and regulatory
adventurism have made the path to becoming a public company narrower -
and the experience of remaining one encumbered with rules that can
introduce more friction than benefit.
It is little surprise, then, that shortly after I left the SEC back in
the mid-1990s as chief of staff, there were more than 7,800 companies
listed on the U.S. exchanges - and by the time that I returned last
year as Chairman, that figure had fallen by roughly 40 percent.
This trajectory tells a cautionary tale that we are working to rectify
through the three pillars of my plan to make IPOs great again.
First, we are modernizing, rationalizing, and streamlining disclosure
reports so that they are meaningful, understandable, and not a
repellant to investors. Too many SEC requirements that began as a
framework to inform have become instruments to obscure - drifting
along the way from what a reasonable investor would consider important
to what a regulator might find interesting. That is completely
opposite of what should be the case since we are commanded by law to
put the investor first.
Our disclosure regime is most effective when the SEC provides the
minimum effective dose of regulation necessary to elicit the
information that is material to investors, and we allow market forces
- not the regulator - to drive the disclosure of any additional
aspects that may be beneficial. Materiality, in short, must reclaim
its place as the SEC’s north star.
Second, as part of the three pillars of making IPOs great again, we
are focused on ensuring that States, and not the SEC, regulate matters
of corporate governance. Over time, the agency has used its disclosure
authority to attempt to indirectly establish governance standards that
state corporate law should and can address. We must stay in our lane
as a disclosure agency and not be a merit regulator.
Third [pillar], and finally, we are allowing public companies to have
litigation alternatives while maintaining an avenue for shareholders
to continue to bring forth meritorious claims. At the SEC, we have
been hard at work on executing this plan so that we can shield the
innovator from the frivolous - and protect the investor from the
fraudulent.
Taken together, these reforms represent something larger than a
regulatory agenda—indeed, they herald the SEC’s return to first
principles that have made this region’s ascent so remarkable. In many
ways, the Boom Belt embodies the best of what we are working toward in
Washington. And guided by your example, we are reminded that the most
consequential reforms are not those that add to the compliance burden,
but those that have the courage to lift it.
So, I am grateful, once again, for the opportunity to be part of
today’s program. I look forward to engaging with you in the work that
we have discussed today. And above all, I thank you for your faith in
what this country can achieve when it remembers the principles that,
in this 250th anniversary of the United States, made it great. Thank
you.
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