Texas Startup Blog written by Alexander Muse

Are you going public?

December 22, 2008

I get emails almost daily from people asking, “Is Big in Japan publicly traded?”  When I respond that we are private the most common reply is, “Do you plan to go public?”  Finally I began asking why people cared.  The answer?  They wanted to invest.

When I was in my twenties my goal was to be the CEO of a public company; getting my face on the cover of Fortune.  Now that I am in my thirties my goal is to generate cash.  The Wall Street Journal had a great article explaining why I would NEVER consider taking my company public:

[Commentary]In the name of “fairness,” preventing future Enrons, and increased oversight, Congress, the SEC and the Financial Accounting Standards Board (FASB) have piled burdens onto the economy that put entrepreneurship at risk.

The new laws and regulations have neither prevented frauds nor instituted fairness. But they have managed to kill the creation of new public companies in the U.S., cripple the venture capital business, and damage entrepreneurship. According to the National Venture Capital Association, in all of 2008 there have been just six companies that have gone public. Compare that with 269 IPOs in 1999, 272 in 1996, and 365 in 1986.

Faced with crushing reporting costs if they go public, new companies are instead selling themselves to big, existing corporations. For the last four years it has seemed that every new business plan in Silicon Valley has ended with the statement “And then we sell to Google.” The venture capital industry is now underwater, paying out less than it is taking in. Small potential shareholders are denied access to future gains. Power is being ever more centralized in big, established companies.

For all of this, we can first thank Sarbanes-Oxley. Cooked up in the wake of accounting scandals earlier this decade, it has essentially killed the creation of new public companies in America, hamstrung the NYSE and Nasdaq (while making the London Stock Exchange rich), and cost U.S. industry more than $200 billion by some estimates.