Ethical Challenges and Agency Issues
Introduction
In the history of modern economies, from the late 1800s to today businesses have faced ethical challenges regarding compensation for executives and its relation to job performance. In response to major economic crises during the 20th century, the United States enacted broad-based legislation measures as attempts to prevent what were seen as ethical challenges and agency conflicts surrounding both performance management and executive compensation. To understand the current issues facing businesses and regulators, it is important to look at three of most significant legislative acts Congress has passed. The Securities Exchange Acts of 1933 and 1934, as well as the Sarbanes–Oxley Act of 2002 represent legislative interventions regarding corporate financial accounting toward the goal of curtailing the ethical challenges and the conflict of agency problems that can arise from performance management and executive compensation. Yet even after these laws were enacted, ethical conflicts can and still do arise when it comes to the compensation for employers and executives.
Securities Act of 1933 The Securities Act of 1933 was born in response to the stock market crash of 1929. Just as it was then, companies who issue securities to raise money for funding new investments or to expand operations have an inherent incentive to present their company and its plans in the rosiest light possible to investors (Sarkar, 2013). The Securities Act of 1933 serves the dual purpose of ensuring that issuers of securities to the public disclose material information to investors as well as ensuring that any securities transactions are not based on fraudulent information or practices (Sarkar, 2013). The Securities Act of 1933 affects public disclosures through a mandatory registration process for sellers and brokers and applies to the sale or trade of any regulated security type
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