Ch 8. Professional respons and liabs Flashcards
Director’s responsibilities (2)
- Ensure entity complies with relevant laws and regs
- Establish controls for non-compliance prevention and detection.
Director’s responsibilities (2)
- Ensure entity complies with relevant laws and regs
- Establish controls for non-compliance prevention and detection.
Auditor’s responsibilities (4)
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Auditor’s responsibilities (4)
- Gain assurance that F/S are free from material misstatement
- ## Ensure compliance with laws and regs that directly and materially affect F/S
Auditor’s responsibilities (4)
- Gain assurance that F/S are free from material misstatement
- Ensure compliance with laws and regs that directly and materially affect F/S
- Perform audit procedures to identify instances of non-compliance with procedures that could have a material impact on the F/S
- Respond appropriately if non-compliance is identified or suspected
Auditor’s responsibilities (4)
- Gain assurance that F/S are free from material misstatement
- Ensure compliance with laws and regs that directly and materially affect F/S
- Perform audit procedures to identify instances of non-compliance with procedures that could have a material impact on the F/S
- Respond appropriately if non-compliance is identified or suspected
Procedures required by ISA 250 (5)
- Understand legal and regulatory framework and how entity is compliant
- Inspecting correspondence with relevant licencing/reg authorities
- Inquiring with MGMT whether entity is complying with laws and regs
- Consider results of audit procedures
- Obtain written confirmation from Directors that they have disclosed all events of non-compliance.
Procedures required by ISA 250 (5)
- Understand legal and regulatory framework and how entity is compliant
- Inspecting correspondence with relevant licencing/reg authorities
- Inquiring with MGMT whether entity is complying with laws and regs
- Consider results of audit procedures
- Obtain written confirmation from Directors that they have disclosed all events of non-compliance.
Procedures required by ISA 250 (5)
- Understand legal and regulatory framework and how entity is compliant
- Inspecting correspondence with relevant licencing/reg authorities
- Inquiring with MGMT whether entity is complying with laws and regs
- Consider results of audit procedures
- Obtain written confirmation from Directors that they have disclosed all events of non-compliance.
Reporting non-compliance (3)
- Management: without delay
- Shareholders: Consider implication on audit opinion
- Third parties: bear in mind confidentiality but also duty to public interest.
Reporting non-compliance (3)
- Management: without delay
- Shareholders: Consider implication on audit opinion
- Third parties: bear in mind confidentiality but also duty to public interest.
Fraud and error (define (2) and MGMT’s responsibility)
- Fraud: Intentional acts of deception.
- Errors: Unintentional misapplication
- MGMT: Responsible for the prevention and detection of fraud and error through internal controls.
Fraud and error (define) (2)
- Fraud: Intentional acts of deception.
- Errors: Unintentional misapplication
Management’s responsibilities with fraud (4)
- Place strong emphasis on fraud prevention and error reduction.
- ## Reduce opportunity for fraud to take place.
Management’s responsibilities with fraud (4)
- Place strong emphasis on fraud prevention and error reduction.
- Reduce opportunity for fraud to take place.
- Implement and operate accounting and internal controls to prevent and detect fraud and error.
- Consider potential for override of controls or manipulation of FR.
Management’s responsibilities with fraud (4)
- Place strong emphasis on fraud prevention and error reduction.
- Reduce opportunity for fraud to take place.
- Implement and operate accounting and internal controls to prevent and detect fraud and error.
- Consider potential for override of controls or manipulation of FR.
Reporting fraud and error (MGMT, report users and authorities)
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Reporting fraud and error (MGMT, report users and authorities)
- MGMT: auditor should report to MGMT, care must be taken if suspected MGMT is involved,
Reporting fraud and error (MGMT, report users and authorities)
- MGMT: auditor should report to MGMT, care must be taken if suspected MGMT is involved, auditor should take legal advice.
- Users: report to extent that “true and fair view” is affected, may consider resigning if extreme, may seek legal advice
- Auth: seek legal advice to protect public interest,
Reporting fraud and error (MGMT, report users and authorities)
- MGMT: auditor should report to MGMT, care must be taken if suspected MGMT is involved, auditor should take legal advice.
- Users: report to extent that “true and fair view” is affected, may consider resigning if extreme, may seek legal advice
- Auth: seek legal advice to protect public interest, likelihood of repetition and
Reporting fraud and error (MGMT, report users and authorities)
- MGMT: auditor should report to MGMT, care must be taken if suspected MGMT is involved, auditor should take legal advice.
- Users: report to extent that “true and fair view” is affected, may consider resigning if extreme, may seek legal advice
- Auth: seek legal advice to protect public interest, likelihood of repetition and extent to which the public are affected.
Reporting fraud and error (MGMT, report users and authorities)
- MGMT: auditor should report to MGMT, care must be taken if suspected MGMT is involved, auditor should take legal advice.
- Users: report to extent that “true and fair view” is affected, may consider resigning if extreme, may seek legal advice
- Auth: seek legal advice to protect public interest, likelihood of repetition and extent to which the public are affected.
For the auditor to be found liable (3)
- A duty of care must exist
- The auditor must have known that injured party was likely to rely on F/S
- Injured party must have sufficient proximity
- Injured party must have relied on F/S
- Injured party
For the auditor to be found liable (3)
- A duty of care must exist
- The auditor must have known that injured party was likely to rely on F/S
- Injured party must have sufficient proximity
- Injured party must have relied on F/S
- Injured party must show that they would have acted differently if the F/Ss were different. - Duty of care must have been breached.
- Loss must have been suffered as a result of the breach.
For the auditor to be found liable (3)
- A duty of care must exist
- The auditor must have known that injured party was likely to rely on F/S
- Injured party must have sufficient proximity
- Injured party must have relied on F/S
- Injured party must show that they would have acted differently if the F/Ss were different. - Duty of care must have been breached.
- Loss must have been suffered as a result of the breach.
Solution to the negligence problem (6)
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Solution to the negligence problem (6)
- Improved quality control
- Financial cap on liability in engagement letter
- Agree liab limits with clients
- Professional indemnity insurance
- LLPs
- Use of disclaimer in audit report
Solution to the negligence problem (6)
- Improved quality control
- Financial cap on liability in engagement letter
- Agree liab limits with clients
- Professional indemnity insurance
- LLPs
- Use of disclaimer in audit report
Closing the expectation gap (3)
- Better communication between auditors and users
- Clarification of the liab for fraud
- Improved control and education of the auditing profession
Closing the expectation gap (3)
- Better communication between auditors and users
- Clarification of the liab for fraud
- Improved control and education of the auditing profession
Mandatory PII (2 ads, 2 dis-ads)
Ads
- Large claims may be made against firms which may not have the resources to settle.
- Firms are at risk of bankruptcy which causes the profession to lose credibility
Mandatory PII (2 ads, 2 dis-ads)
Ads
- Large claims may be made against firms which may not have the resources to settle.
- Firms are at risk of bankruptcy which causes the profession to lose credibility
Dis-ads
- Incentivises ill founded claims
- Less incentive to fight these ill founded claims