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The Sarbanes Oxley act
instituted more recordkeeping regulations that make it difficult
financially for small public businesses to follow, whereas large
companies have the funds and infrastructure to comply.
The Sarbanes Oxley Act will:
force small companies to implement more complex record-keeping methods,
which will require new directors and financial experts for audit
committees. Furthermore, it is typically harder for smaller companies to
recruit these figures.
In addition to the Sarbanes Oxley regulations:
is the downturn in the public capital markets, which won't allow public
companies to gain access to investment capital in public markets as
easily because it is closed to most small companies. In going private,
the group or individual in the company acquire the controlling equity
interest of the company, meaning that a larger portion of the company
belongs to those or the individual within the company and not so much
outside investors.
Going private can be done in many ways, some of which are through an
open market purchase, a Regulation 14D tender offer, a cash out merger,
and a leveraged buy-out among others. For instance, in a open market
purchase, an outside investor may buy
a large portion of the company's stock or even when the company itself
buys a majority of its own stock. In a leveraged buy-out, investors buy
the company buying out public shareholders.
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