'We have thrown out 22
regulations in the hope to boost investment with the target of US$50 billion this year.
Both Section 987 and the 1991 proposed
regulations require the taxable income or loss of a Section 987 QBU be computed in its functional currency and then translated at the average exchange rate (generally, an average of the daily exchange rates) into the functional currency of its owner.
Auditing firms will likely inquire into whether a corporation has contemporaneous documentation to support its intercompany transactions, especially in light of the new
regulations. If no such documentation exists, such a corporation could be considered to have a material weakness under the Sarbanes-Oxley Act.
The idea was included in a plan published in the 3 February 2003 Federal Register by the OMB's Office of Information and Regulatory Affairs (OIRA) that was designed to improve how the federal government determines the benefits and costs of proposed
regulations, including environmental
regulations.
Insurance
regulation now may be nearing its most fundamental change since McCarran-Ferguson.
Boris Feldman, a partner and securities litigator in law firm Wilson Sonsini Goodrich & Rosati's Palo Alto, California, office, advises publicly traded companies on
regulation FD.
This federal preemption is a matter of considerable consequence, since the 10th Amendment would otherwise preclude federal
regulation in many of these areas.
Many states have recently revised their assisted living
regulations in an attempt to keep pace with the growth of the industry and the changing needs of the residents it serves.
"To free Americans from bureaucratic red tape," the Contract With America states, "we will require every new
regulation to stand a new test: Does it provide benefits worth the cost?" But cost-benefit analysis, an essential element in private sector strategic planning, is an empty concept in government
regulation.
When these
regulations are fully implemented, EPA estimates that the cost to industry will be nearly $1 billion a year.
Then came Black Tuesday, down went Herbert Hoover and along came Franklin Roosevelt and the country's first substantive financial
regulation, a desperate attempt to instill public confidence in public companies and stock markets.
"While there are things that need to be done to improve state
regulation, it has successfully served customers over the years," said Tern Vaughan, Iowa Insurance Commissioner and president of the National Association of Insurance Commissioners.