The most famous of these, The Sarbanes Oxley Act SOX in the US, lead to the creation of the Public Company Accounting Oversight Board, who create standards for listed entities and conduc
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Chapter 22 Financial reporting revision 413
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Trang 5Paper Introduction
Trang 6How to Use the Materials
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Trang 8Tricky topic – When reviewing these areas care should be taken and all illustrations and test your understanding
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Trang 9Regulation in a global economy
Chapter learning objectives
When you have completed this chapter you will be able to:
• Explain the need for laws, regulations, standards and other guidance relating to audit, assurance and related services
• Outline and explain the need for the legal and professional framework including:
(i) public oversight and principles of corporate governance
(ii) the role of audit committees and impact on audit and assurance practice
(iii) UK syllabus only: Discuss the provision of the UK Corporate Governance Code and its impact on audit and assurance practice
• Explain current developments in auditing standards including the need for new and revised standards and evaluate their impact on the conduct of audits
• Discuss other current legal, ethical other professional and practical matters that affect accountants, auditors, their employers and the profession
1
Trang 10Exam focus
This chapter considers the reasons behind the mechanisms for regulating assurance services and how standards of corporate governance are maintained, including much of the background to developments in the profession. You need to have an awareness of recent developments in the profession, which will require you to read around the topic to develop your understanding and develop an ability to form your own opinion and reach your own conclusions.
Decision makers within financial markets need to have the confidence to make informed decisions. In order to make these decisions they need information that they can trust. The main investment decisions that take place concern the buying and selling of shares. Without credible, reliable information at their disposal investors cannot make those decisions.
It is not just shareholders that rely on this information, there are a range of other stakeholders who also rely on assurance services. For example, it is common for banks to seek audited financial statements and independently examined forecasts before making lending decisions. Many companies request audited financial statements before buying from or supplying a particular company, in case that company is nearing insolvency.
As well as investments in businesses other stakeholders must make decisions about how to deploy resources: suppliers, customers, employees and prospective lenders all need information before making significant decisions that could have damaging financial repercussions.
Confidence in the reliability of financial information is essential to the functioning of these markets. Whilst it is not the only factor in helping to achieve that confidence, good quality, independent audit and assurance has
a key role to play. A series of recent and high profile corporate failures has eroded trust in the assurance market and as a result mechanisms for increased regulation of the auditing profession have been introduced.
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Trang 112 The need for regulation
Trang 13The trouble with IFAC
Trang 14• The Code of Ethics for Professional Accountants has been adopted by many member institutions
• The largest accountancy firms have all committed to auditing in accordance with ISA's and to apply relevant sections of the Code of Ethics
• Legislative changes have been established to introduce new corporate governance requirements. The most famous of these, The Sarbanes Oxley Act (SOX) in the US, lead to the creation of the Public Company Accounting Oversight Board, who create standards for listed entities and conduct inspections of audit firms' work
• The Public Interest Oversight Board (in conjunction with the International Organisation of Securities Commissions, the Basel Committee on Banking Supervision, the Financial Stability Forum and the World Bank) was set up in 2005 to oversee IFAC's auditing and assurance, ethics, and education standard setting activities and its membership
compliance programme
The trouble with regulation in a global market
Going global – Regulation The main problem is that harmonisation requires national regimes to adopt International Standards on Auditing. IFAC cannot impose them on a global scale. Many countries have adopted ISAs but they have been adapted to suit local customs/laws and as a result many differences still exist in the quality of audits worldwide.
The most recent attempt to encourage worldwide harmonisation was the Clarity Project. This simplified the structures of ISAs and made them more prescriptive so that they are easier to understand and apply in practice.
Trang 16Drawbacks:
• Improved credibility of the financial statements, through an impartial review of the financial statements, monitoring of the independence of the external auditors, and discussion of significant issues with the external auditors
• Better quality of management accounting, as the audit commitee is better placed to criticise internal functions
• Stronger control environment, as the internal audit function will report to the audit committee increasing their independence and adding weight
to their recommendations
• They should lead to better communication between the directors, external auditors and management
• They help to avoid conflicts arising between management and auditors.
• The skills, knowledge and experience (and independence) of the audit committee members can be an invaluable resource for a business
• It may be easier and cheaper to arrange finance, as the presence of an audit committee can give a perception of good corporate governance
• It would be less burdensome to meet listing requirements if an audit committee (which is usually a listing requirement) is already
established
• Difficulties recruiting the right nonexecutive directors who have relevant skills, experience and sufficient time to become effective members of the committee
• A fear that their purpose is to police executive management
• Nonexecutive directors being overburdened with detail
• Additional cost. Nonexecutive directors are normally remunerated, and their fees can be quite expensive
UK syllabus focus
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Trang 184 Chapter summary
This chapter has covered the following topics:
• the reasons for regulating the audit and assurance professions
• the difficulties facing national and international regulators in the global economy
Trang 19Test your understanding answers
(a) Corporate Governance
Corporate Governance concerns the way that a company is directed and controlled. It encompasses the following key aspects:
Corporate Governance has become increasingly important in the wake of high profile accounting frauds. These frauds have had a damaging impact on the effective operation of world stock markets due to reductions in investor (and public) confidence in the roles of directors and company auditors.
Management and control is often more difficult to achieve in larger, more complex organisations. In addition, shareholders (the owners) tend to be more remote from the directors who manage the
company on their behalf. Having an agreed set of corporate governance standards therefore facilitates the adoption of good corporate governance practices and improves accountability to investor groups.
Failure to comply with these agreed standards of corporate governance could lead to significant penalties, namely:
– The role of the Board and Audit Committee
– Overall control and risk management framework
– fines and penalties, where corporate governance is enforced through law, the US for example. This could, in the most extreme cases, lead to imprisonment of directors
– penalties imposed by stock market regulators, such as removal from the listing
– replacement of board members
Test your understanding 1
Trang 20UK Syllabus Focus
In the UK listed companies need to report upon how, and whether, they have complied with the UK Corporate Governance Code.
This means adopting systems to address the following main principles of the Code:
(b) Requirements of Corporate Governance
– The board should be responsible for the assessment of and response to risk.
– The board should be responsible for designing, implementing and monitoring the effectiveness of the system of internal control
– An independent system (including the use of committees) should be established to enable the effective recruitment and retention of directors
– Communication with, and independence of auditors, should be facilitated by the use of an audit committee
– There should be explicit and transparent reporting of compliance with corporate governance requirements/principles
– Leadership– Effectiveness– Accountability– Remuneration– Relations with shareholders
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Trang 21The Audit Committee should:
Types of regular reporting that could be produced include:
(c) Role of the Audit Committee
– assess the framework for complying with corporate governance guidelines within the company, including the risk assessment procedures
– review the major risks identified including their chances of occurring and their likely impact
– require regular reporting from internal and external auditors and any other review bodies, showing how the risks are being managed
– receive and review internal audit assignment reports and follow
up information
– discuss and consider any concerns of directors and internal audit staff
– review annual financial statements and the results of the external auditors’ examination to ensure that the auditors have performed an effective, efficient and independent audit
– receive and deal with external auditors’ comments on management and ensure that recommendations of internal and external auditors have been implemented.
(d) Types of regular reporting
– analysis of current operational risks, including assessment of likelihood and potential impact
– report on strategy for current management of risks identified
– details of any issues arising that had not previously been identified and, therefore, were not being managed
– independent expert analysis of technical matters, for example:
the structural condition of oil rigs, risk assessment for operating
in politically unstable economies
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Trang 23Code of ethics and conduct
Chapter learning objectives
When you have completed this chapter you will be able to:
• Explain the fundamental principles and the conceptual framework approach
• Identify, evaluate and respond to threats to compliance with the fundamental principles
• Discuss and evaluate the effectiveness of available safeguards
• Recognise and advise on conflicts in the application of fundamental principles
• Discuss the relative advantages of an ethical framework and a rulebook
• Identify and assess the relevant emerging ethical issues and evaluate the safeguards available
• Discuss IFAC developments
2
Trang 24Exam focus
• Professional and ethical considerations are a key element of the P7 paper. The examiner commented in her article on the approach to paper P7 (30 Jan 2007) "Ethics and professional issues are also important areas within the syllabus, likely to feature in every sitting, either in Section A or Section B."
• A typical requirement will ask you to evaluate the ethical and professional issues in a scenario. Note that this incorporates all of the fundamental principles, not just objectivity, as well as professional issues discussed later in this text
• Evaluation requires more than just identification and explanation of the threats. You will also need to consider the significance of the threat
• As part of evaluating a threat a professional accountant would always consider what (if any) safeguards are available to reduce the threat to
an acceptable level, and so in the exam you should always consider safeguards as part of this evaluation
• A question on ethics will not require you to regurgitate knowledge but to apply the rules and principles to a case study/scenario question, and apply your common sense
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Trang 251 Framework versus rulebook approach to ethical guidance
Trang 26Conflicts within the fundamental principles
An auditor or accountant may find themselves being asked to breach the fundamental principles by an employer e.g. if being asked to misrepresent the financial statements or being asked to lie to the auditor.
The professional accountant should always apply the conceptual framework which requires assessment of the significance of the threat and the
application of an appropriate safeguard.
Appropriate safeguards include:
• Seeking advice from within the employer (e.g. Human Resources department)
• Seeking advice from the ACCA or other independent professional advisor
• Using the organisation's formal dispute resolution process
• Seeking legal advice
2 Applying the conceptual framework approach
Whilst there are specific threats to objectivity don't forget that threats exist to all of the other elements of the code.
It is also important to remember that threats don't have to be actual threats;
public perception can be just as damaging to a professional.
Fundamental principles definitions
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Trang 27Areas of risk to integrity, objectivity and independence
Trang 28Activities not considered to be management responsibility
The firm should take steps to ensure that client management make significant judgements and decisions.
The auditor must ensure that informed management is in place. This means the auditor believes management is capable of making decisions for the company based on the information available (rather than based solely on the auditor's advice).
• Taking responsibility for designing, implementing and maintaining internal controls
• Activities that are routine and administrative, or involve matters that are insignificant
• Providing advice and recommendations to assist management in discharging its responsibilities
Assessment and safeguards
The assessment of and response to ethical threats is a key element of the P7 exam. It is therefore critical that you can discuss the significance of a threat and recommend an appropriate safeguard.
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Trang 30Circumstances in which disclosure is permitted or required The general rule is that disclosure should only be made if:
• disclosure is permitted by law and the client’s permission has been given
• disclosure is required by law e.g. to provide evidence in legal proceedings or disclosure is required to a regulatory authority. This would include money laundering reporting
• there is a professional right or duty to disclose e.g.
– to comply with a quality review– to respond to an enquiry by a regulatory authority– to protect the member’s interests
• advise the clients to seek independent advice
• separate engagement teams (with different engagement partners and team members)
• procedures to prevent access to information, e.g. physical separation of the team members and confidential/secure data filing
• signed confidentiality agreements
• regular review of the application of safeguards by an independent person of appropriate seniority
Current Issue: IESBA: Responding to a Suspected Illegal ActPublic interest
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chain. Your firm provided Huggins Co with corporate financial advice on obtaining a listing on a recognized stock exchange in
2012. Senior management expects a thorough examination of the company’s computerized systems, and are also seeking assurance that the annual report will not attract adverse criticism
(c) Gray Co has been an audit client since 2006 after your firm advised
management on a successful buyout. Gray provides communication services and software solutions. Your firm provides Gray with
technical advice on financial reporting and tax services. Most recently you have been asked to conduct due diligence reviews on potential acquisitions
Emerging ethical issues
Examstyle question: Ethical and professional issues
Integrity in Ethics Discussion Paper
UK syllabus focus
Trang 32For these assignments, compare and contrast:
(Total: 15 marks)
(i) the threats to independence;
(ii) the other professional and practical matters that arise; and(iii) the implications for allocating staff
Aventura International, a listed company, manufactures and wholesales a wide variety of products including fashion clothes and audiovideo
equipment. The company is audited by Voest, a firm of Chartered Certified Accountants, and the audit manager is Darius Harken. The following matters have arisen during the audit of the group’s financial statements for the year to 31 March 2014 which is nearing completion:
Required:
Identify and discuss the ethical issues raised in each of the scenarios and the responses required by the auditor in relation to these matters.
(15 marks)
(i) During the annual physical count of fashion clothes at the company’s principal warehouse, the audit staff attending the count were invited
to purchase any items of clothing or equipment at 30% of their recommended retail prices
(ii) The chief executive of Aventura International, Armando Thyolo, owns
a private jet. Armando invoices the company, on a monthly basis, for that proportion of the operating costs which reflects business use.
One of these invoices shows that Darius Harken was flown to Florida in September 2013 and flown back two weeks later. Neither Aventura nor Voest have any offices or associates in Florida
(iii) Last week Armando announced his engagement to be married to his personal assistant, Kirsten Fennimore. Before joining Aventura
in January 2014, Kirsten had been Voest’s accountant in charge of the audit of Aventura
Test your understanding 1
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client relationship
(5 marks)
Rosella is currently negotiating with her former coexecutives the profitrelated remuneration due to her and the sale of her 15%
holding of shares in Blake Seven to one or all of them.
(b) Your firm acts as auditor and adviser to Blake Seven and to its four
directors. The company is owned 50% by Brad Capella, 25% by his wife Minerva and 10% by Janus Trebbiano. Brad is the chief
executive and Janus the finance director. Janus’s sister, Rosella Trebbiano, has recently resigned from the executive board, following
a disagreement with the Capellas. Rosella has now formed her own company, Blakes Heaven, in competition with Blake Seven
Test your understanding 3 Blake Seven
Test your understanding 2 'Audit Partner Rotation'
Trang 34She has also requested that your firm should continue to act as her personal adviser and become auditor and adviser to Blakes Heaven.
Required:
Comment on the matters that you should consider in deciding whether or not your audit firm can comply with Rosella’s requests.
(10 marks) (Total: 15 marks)
Weller & Co is facing competition from other audit firms, and the partners have been considering how the firm’s revenue could be increased. A proposal has been made that all audit managers should suggest to their audit clients that, as well as providing the external audit service, Weller & Co can provide the internal audit service as part of an
‘extended audit’ service.
Required:
Comment on the ethical and professional issues raised by the proposal
to increase the firm’s revenue, and explain how the Auditing Practices Board has responded to the ethical issues raised by audit firms offering
an ‘extended audit’ service.
(8 marks) Real exam December 2012
Test your understanding 4 UK Syllabus only
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Test your understanding answers
Because the requirements are to ‘compare and contrast the various assignments issues’ the answer must be formatted as follows:
A good working knowledge of IFAC/ACCA ethical codes is required and the ability to identify threats and apply safeguards where
appropriate. Other professional matters include for example, quality control, logistics, budgets/fees, staffing requirements, etc. Implications for staffing will need to take account of independence safeguards, e.g.
separate teams for the different services provided, etc as well as competence and relevant knowledge/specialisms and experience.
Threats to independence Selfinterest
(i) Threats – comparison of the three clients B, H and G(ii) Other professional matters to consider – comparison of clients B, H and G
(iii) Staffing implications – comparison of clients B, H and G
• A selfinterest threat could potentially arise in respect of any (or all)
of these assignments as, regardless of any fee restrictions (e.g. per IFAC’s ‘Code of Ethics for Professional Accountants’), the auditor is remunerated by clients for services provided
• This threat is likely to be greater for Huggins Co (larger/listed) and Gray Co (requires other services) than for Blythe Co (audit a statutory necessity)
• The selfinterest threat may be greatest for Huggins Co. As a company listed on a recognised stock exchange it may give prestige and credibility to Fox & Steeple (though this may be reciprocated). Fox & Steeple could be pressurized into taking evasive action to avoid the loss of a listed client (e.g. concurring with
an inappropriate accounting treatment)
Examstyle question: Ethical and professional issues
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Trang 37• Appropriate safeguards must be put in place if Fox & Steeple
assists Huggins in the performance of internal audit activities. In particular, Fox & Steeple’s personnel must not act (or appear to act)
in a capacity equivalent to a member of Huggins’ management (e.g.
reporting, in a management role, to those charged with governance)
• Fox & Steeple may provide Gray with accounting and bookkeeping
services, as Gray is not a listed entity, provided that any selfreview threat created is reduced to an acceptable level. In particular, in giving technical advice on financial reporting, Fox & Steeple must take care not to make managerial decisions such as determining or changing journal entries without obtaining Gray’s approval
• Taxation services comprise a broad range of services, including
compliance, planning, provision of formal taxation opinions and assistance in the resolution of tax disputes
• The reporting lines of any staff involved in the audit of Huggins and
the provision of other services for Huggins should be different.
(Similarly for Gray.)
Trang 38Intimidation
• Long association of a senior member of an audit team with an audit client may create a familiarity threat. This threat is likely to be
greatest for Huggins, a longstanding client. It may also be significant for Gray as Fox & Steeple have had dealings with this client for seven years now
• As Blythe is a new audit client this particular threat does not appear
to be relevant
• Senior personnel should be rotated off the Huggins and Gray audit teams. If this is not possible (for either client), an additional
professional accountant who was not a member of the audit team should be required to independently review the work done by the senior personnel
• The familiarity threat of using the same lead engagement partner on
an audit over a prolonged period is particularly relevant to Huggins, which is now a listed entity. IFAC’s Code of Ethics for Professional Accountants requires that the lead engagement partner should be rotated after a predefined period, normally no more than seven years. Although it might be time for the lead engagement partner of Huggins to be changed, the current lead engagement partner may continue to serve for the 2013 audit
• This threat is most likely to come from Blythe as auditors are threatened with a tendering process to keep fees down
• Peter may have already applied pressure to reduce inappropriately the extent of audit work performed in order to reduce fees, by stipulating that there should not be an interim audit
• The audit senior allocated to Blythe will need to be experienced in standing up to client management personnel such as Peter.
(ii) Other professional and practical matters– The experience of staff allocated to each assignment should be commensurate with the assessment of associated risk. For example, there may be a risk that insufficient audit evidence is obtained within the budget for the audit of Blythe. Huggins, as a listed client, carries a high reputational risk
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Trang 39Time/fee/staff budgets
– Sufficient appropriate staff should be allocated to each audit to ensure adequate quality control (in particular in the direction, supervision, review of each assignment). It may be appropriate for a second partner to be assigned to carry out a ‘hot
review’ (before the auditor’s report is signed) of:
– Blythe, because it is the first audit of a new client; and– Huggins, as it is listed
– Existing clients (Huggins and Gray) may already have some expectation regarding who should be assigned to their audits.
There is no reason why there should not be some continuity of staff providing appropriate safeguards are put in place to overcome any familiarity threat
– Senior staff assigned to Blythe should be alerted to the need to exercise a high degree of professional scepticism (in the light
of Peter’s attitude towards the audit)
– New staff assigned to Huggins and Gray would perhaps be less likely to assume unquestioned honesty than staff previously involved with these audits
– All three assignments have the same financial year end, therefore there will be an element of ‘competition’ for the staff to
be assigned to the yearend visits and final audit assignments.
As a listed company, Huggins is likely to have the tightest reporting deadline and so have a ‘priority’ for staff
– Blythe is a local and private company. Staff involved in the year
end visit (e.g. to attend the physical inventory count) should also
be involved in the final audit. As this is a new client, staff assigned to this audit should get involved at every stage to increase their knowledge and understanding of the business
– Huggins is a national operation and may require numerous staff
to attend yearend procedures. It would not be expected that all staff assigned to yearend visits should all be involved in the final audit
– Time budgets will need to be prepared for each assignment to determine manpower requirements (and to schedule audit work)
Trang 40(iii) Implications for allocating staff– Fox & Steeple should allocate staff so that those providing other services to Huggins and Gray (that may create a self review threat) do not participate in the audit engagement
– All audit assignments will require competent staff
– Huggins will require staff with an indepth knowledge of their computerized system
– Gray will require senior audit staff to be experienced in financial reporting matters specific to communications and software solutions (e.g. in revenue recognition issues and accounting for internallygenerated intangible assets)
– Specialists providing tax services and undertaking the due diligence reviews for Gray may not be required to have any involvement in the audit assignment
(i) Goods
Objectivity
The acceptance of gifts or hospitality, particularly during the inventory count, may be perceived to be a selfinterest threat to objectivity. The audit team should be performing an inventory count, not going shopping for sale items. The count should be performed in
an entirely neutral way but staff may ignore this in order to ensure they get their ‘perk’ of the engagement. Moreover, from an external perspective, this may be considered to be bribery for a more relaxed inventory count check.
Professional due care
Inventor counts should be performed with the least disruption possible. Movements in inventory during the count vastly increase the risk of incorrect procedures being performed. If staff are purchasing items during the day this constitutes inventory movement.
Test your understanding 1
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