ACCT 304 AUDITING
OVERVIEW OF THE REGULATORY
FRAMEWORK
Learning Objectives
• Explain the regulatory framework empowering auditors
• Describe the process of appointing and removing auditors
• Explain the responsibilities and liabilities of auditors
• Explain the fundamental ethical principles
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REGULATORY & ETHICAL
REQUIREMENT
Regulatory framework of Auditing
Various regulatory mechanisms affect the operations of a company and of auditing:
• National legislation
• Industry specific regulations
• International regulations
• Others e.g. regulations on health, safety and pollution
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Regulatory Framework of Auditing
• The Companies Code, 1963 (Act 179)
– Section 123 of the Code requires companies to keep proper books of account with respect to its financial position (that is the balance sheet) and financial performance (that is the profit and loss account). The books of account must be properly kept to show the true and fair view of the state of affairs.
– Section 124 of the Code requires the directors to circulate the annual report of the company to every member and debenture holder of company every year or latest by the eighteenth month in the case of a new company.
– According to section 133 of the Code, the auditor’s report must be addressed to the members of company by a duly qualified and appointed auditor in accordance with the Code.
– Sections 134, 270 and 296 stipulate the qualification, appointment and
remuneration an auditor of a company in Ghana. The removal of an auditor of a
The Rules of Recognised Supervisory Bodies (RSBs)
• The major professional accountancy bodies such as the Association of Chartered Certified Accountants (ACCA), Institute of Chartered Accountants (ICA),
Ghana, Chartered Institute of Public Accountants, US and several such bodies worldwide constitutes RSBs.
• They have code of ethics or rules for members as a way of regulating their members.
• The rules are applicable to student accountants (that is those writing the examinations), affiliates and
members.
• In Ghana, ICA (Ghana) is the RSB.
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International Bodies
• A number of international bodies also issue auditing standards which auditors must follow.
• The Auditing Practices Board (APB) issues Statements of Auditing Standards (SASs), Practices Notes and
Bulletins in the UK for the auditing of companies in UK and their subsidiaries.
• The International Auditing and Assurance Standards
Board (IAASB) also issues the International Standards
on Auditing (ISA).
Audit Committee and Shareholders
• This is one of the committees of the Board of Directors responsible for ensuring a sound and effective systems of control, appointment and facilitating the work of external auditors and receiving internal auditor’s reports. They set the tone for auditing in an organisation.
• The audit committee is responsible for creating the right environment for the auditor. The committee also facilitates
communication between the company and the auditor. The review of the work of the auditor is done by the audit committee.
• The Board may also delegate the duty of fixing the fees of the auditor to this committee.
• The approval of the appointment or the annual re-nomination of the auditor and the report of the auditor is done by shareholders at the annual general meeting.
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Agreements and Covenants
• Sometimes, certain grants, aids or agreements come with rules of how the financial report on them
should be audited.
• In such a situation, the auditor is required to perform
the audit in compliance to those rules.
Requirements of the Companies Code in Ghana
• The Companies Act 1963, Act 179 obliges every
company to keep proper books of account that give a true and fair view of the financial affairs of the
company.
• The auditor’s report must be attached to every
company’s account before it can be circulated to its members. (Section 131 of the Code)
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Who Qualifies to be an Auditor
• To qualify for appointment as an auditor of a private
or public company, a person must be a member of
ICA and not disqualified by any Legislative
Instrument. (The Chartered Accountant’s Act, 1963
(Act 170)
Who Qualifies to be an Auditor Cont’d
The following cannot act as auditors;
• An officer of the company or associated company;
• An infant;
• A person of unsound mind (determined by court);
• An undischarged bankrupt;
• A body corporate;
• A partner of, or an employee of an officer of the company.
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Who Appoints an Auditor
• Generally auditors are appointed by members/
shareholders at a general meeting by ordinary resolution.
However;
• The directors may appoint the first auditors of the company and fill any casual vacancy.
• The Registrar of companies can appoint an auditor if the
Process of Appointing an Auditor
1. Before accepting appointment, the auditor must ensure he has been appointed in the proper manner. This entails considering the following;
• Ethical Consideration –
- audit fees should not exceed 15% of gross fees
- there should be no financial involvement between the client and the audit firm ie loan, shareholding.
No conflict of interest ie acting as advocate for client in dispute resolution
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Process of Appointing an Auditor Cont’d
• Legal Consideration –
- auditor must be a member of ICA and not disqualified by statute.
- the auditor should not be an officer or servant of the company before accepting appointment
• Practical Consideration –
- the auditor must have adequate resources (competent staff, and logistics) to undertake the work.
- consider audit fees vis-à-vis perceived risk of the work
Process of Appointing an Auditor Cont’d
2. Seek knowledge of the client’s business
₋ general economic environment
₋ specific factors pertaining to the entity i.e.
the entity’s product, market, operations
the composition of the board of directors, management profile.
Sources of information about the new client include;
Previous auditors, prior year financial statement,
professional rules, regulations and standards, enquiries from client’s solicitors, bankers etc.
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Process of Appointing an Auditor Cont’d
3. Communicate with current or outgoing auditor
• Ethically, the incoming auditor with client’s permission should request relevant information from outgoing auditor before accepting appointment. The essence is to protect shareholders and as a means of professional courtesy. The auditor should decline the appointment if client refuses.
• The outgoing auditor with permission from the client
should frankly and freely discuss all issues relevant to the
appointment and the client’s affairs
Etiquette Letter
• When there is a change of auditors, the new auditor has a legal and professional duty to seek or request the permission of the company to communicate with the retiring auditor by means of an etiquette letter.
• If the permission is refused or the retiring auditor refuses to respond, the prospective auditor should decline the
appointment.
• The purpose of the letter is
– to inform the retiring auditor of the nomination as a matter of courtesy.
– to ascertain whether there are any circumstances concerning the change which might influence the new auditor’s acceptance of the offer.
– to request the present auditor to transfer books, papers and information held by him unless he has right of lien on them.
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Post Acceptance Procedures
• The new auditor should ensure the outgoing auditor’s removal is in accordance with the companies code and is properly done.
• Where fees are outstanding, they should combine forces to secure payment.
• The new auditor should submit a letter of engagement.
• The new auditor on appointment should collect all books
and documents belonging to the client.
Letter Of Engagement
• It is a letter sent by the auditor to their client at the beginning of any new audit.
• A letter that documents the agreements reached between the auditor and the client.
• It normally written by the auditor to the client before the commencement of audit work.
• The form and content of audit engagement letters may
vary for each client, but contain some general matters.
Letter Of Engagement Cont’d
Purpose
• A document that sets out the terms of engagement
• Confirms auditor’s acceptance of the appointment, the scope of audit
• Sets out the auditor’s responsibilities to client and the form of any report.
• A reference document in times of conflict between the
auditor and the client
Letter Of Engagement Cont’d
Principal Contents
• The objective of the audit of financial statements;
• Management’s responsibility for the financial statement;
• The scope of the audit, with reference to applicable legislation, or regulation;
• The form of any reports or other communication of results of the engagement;
• Unrestricted access to records , documentation and other information that may be requested by the auditor;
• Primary responsibility of the auditor;
• Basis on which fees are computed and any billing arrangement;
• Any other service to be provided by the auditor ie tax returns,
accounting services etc
Letter Of Engagment Cont’d
• The auditor will request the client to confirm the terms of the engagement by acknowledging receipt of the
engagement letter.
• The auditor may have a meeting with key client
personnel to discuss matters that may have significant
effect on the financial statement
Revision Of Engagement
A revision of the engagement letter may be necessary where;
• There is an indication that the client misunderstands the objective and scope of the audit
• There is a revised or special terms in the new engagement
• A significant change of ownership
• A change in senior management or directors
• A significant change in nature or size of the client’s business
• Legal or regulatory requirement
Resignation of an Auditor
• The auditor must give a written notice of resignation to the company’s registered office and Registrar Of
Companies.
• He must request the company to circulate to all
members a statement of circumstances surrounding his resignation.
• He must request the company to convene an EGM.
Removal of an Auditor
Auditors continue in office unless the following events occur:
– They cease to qualify for appointment
– They resign their office in writing to the company
– An ordinary resolution is duly passed at an annual general meeting to remove them.
• There must be a resolution to remove or appoint a new auditor;
• The resolution should be passed at AGM of the company;
• Written notice and statement from auditor should be given 14 days before AGM in respect of removal or replacement to all members.
• The auditor must be given the opportunity to be heard at AGM (Section 135 of Act 179)
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Audit Rotation
• An individual who has played a significant role in an audit client is not eligible to continue in that role until some time has elapsed
• Rules for Determination – two (2) rules
– Time-out rule
– 5/7 Rule
• The Time-out Rule
– Provides that an individual who has played a significant role in the audit of a particular audit client for 5 successive financial years is not eligible to continue to play a significant role unless the individual has not played such a role for at least 2 successive financial years.
• The 5/7 rule
– provides that an individual may not play a significant role in the audit of a particular audit client for more than 5 out of 7 successive financial years.
Audit Rotation
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Application of Audit Rotation
Audits of listed companies and listed schemes;
Individuals who play a significant role in the audit of a listed company or listed scheme.
If an individual auditor has been appointed as the auditor of the listed company or listed scheme, that individual and the review auditor (if any) must rotate.
If an audit firm or authorised audit firm has been
appointed as the auditor of the company or scheme,
Problems with Audit Rotation
• Sole Practitioners-Cannot practice after the 5/7 period
• Small firms-May not have adequate
personnel to rotate. Hence, may lose listed clients at least in the interim
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Duties of an Auditor
• To form an opinion and report on the truth and fairness of a company’s financial statements.
• To make other special reports in various circumstances.
Rights of an Auditor
• Right of access at all times to books of accounts, records and vouchers of the company
• Right to information, explanation and inquiries as they think is necessary for their work
• Right to attend AGM and be heard;
• Right to receive notice of impending removal or
appointment and submit a written statement to be circulated to members;
• Right to communicate with outgoing or retiring auditor before accepting appointment. (section 136 of Act 179)
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PROFESSIONAL ETHICS AND CODES OF CONDUCT
Professional Ethics and Codes of Conduct
• Ethics refers to a system or code of conduct based on moral duties and obligations that indicates how an individual should behave.
• Professionalism refers to the conduct, aims, or qualities that characterize or mark a profession or professional person.
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Fundamental Principles
Within the code of ethics are fundamental principles which all members are obliged to follow and they are;
Integrity
– Auditors should be straightforward and honest in all professional, business and personal relationships. It is not merely honesty but fair dealing and truthfulness.
Objectivity
– Auditors should not allow bias, prejudices, conflicts of interest or undue
influence of others to override professional or business judgments. It is a state of
mind which takes
Fundamental Principles
Independence
• Auditors should be seen as independent so that their objectivity is beyond question.
• Independence requires
Independence of Mind
The state of mind that permits the expression of a conclusion
without being affected by influences that compromise professional judgment, allowing an individual to act with integrity, exercise objectivity and professional skepticism.
Independence in Appearance
This means that for the avoidance of facts and circumstances, an auditor must act in way such that a reasonable and informed third party, having knowledge of all relevant
information, including safeguards applied, would reasonably conclude a firm’s or a
member of the assurance team’s, integrity, objectivity or professional skepticism had not been compromised.
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Fundamental Principles cont’d
Professional Competence and Due Care
• Auditors have a continuing duty to maintain professional
knowledge and skill at a level required to ensure that a client or employer receives competent professional service based on current developments in practice, legislation and
techniques.
• Professional competence may be divided into two separate phases:
Attainment of professional competence and
Fundamental Principles cont’d
Courtesy and Consideration
Auditors must behave with courtesy and consideration towards all with whom they come into contact during the course of performing their work. Auditors must be respectful, courteous and considerate.
Credibility
Auditors must ensure that the information they provide is credible and could be relied upon. They should not be associated with reports, returns,
communications or other information where they believe that the information:
• contains materially false or misleading statements.
• contains statements or information furnished recklessly.
omits or obscures information required to be included where such omission or obscurity would be misleading
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Fundamental Principles cont’d
Confidentiality
Auditors should respect the confidentiality of information acquired as a result of
professional and business relationships and should not disclose any such information to third parties without proper and specific authority or unless there is a legal or
professional right or duty to disclose.
The following are circumstances where auditors are or may be required to disclose confidential information or when such a disclosure may be appropriate:
when disclosure is permitted by law and is authorized by the client or the employer.
when disclosure is required by law, for example production of documents or other provision of evidence in the course of legal proceedings; or disclosure to the appropriate public authorities of infringements of the law that come to light.
there is a professional duty or right to disclose, when not prohibited by law to comply with the quality reviews of RSB or other professional body; to respond to an inquiry or investigation by
Fundamental Principles cont’d
Technical Standards
Auditors should carry out their work in accordance with relevant technical,
legislative and professional standards promulgated by regulators, RSBs and other international bodies.
Professionalism/Professional Behavior
The principle of professional behavior imposes an obligation on accountants to comply with relevant laws and regulations and avoid any action that may bring discredit to the profession.
Accountants must be honest and truthful and not:
• make exaggerated claims for the services they are able to offer, the qualifications they possess, or experience they have gained.
• make disparaging references or unsubstantiated comparisons to the work of others
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Threats To The Fundamental Principles
Self Interest; threats which may occur as a result of the financial or other interests of a professional accountant or of an immediate or close family member.
Self Review; threats which may occur when a previous judgment needs to be re-evaluated by the professional accountant responsible for that judgment.
Advocacy; threats which may occur when a professional
accountant promotes a position or opinion of a client to the point
Threats To The Fundamental Principles
Familiarity; threats which may occur when, because of a close relationship, a professional accountant becomes too sympathetic to the interests of others.
Intimidation; threats which may occur when a professional accountant may be deterred from acting objectively by threats, actual or perceived.
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Examples of the Threats
• Undue Dependence on an Audit Client
– Recurring fee paid by one client should not exceed 15% of the annual gross practice income.
• Family and Other Personal Relationship
• Beneficial Interests in Shares and Other Investments
• Loans
• Hospitality in Goods and Services
• Provision of Other Services to Audit Client
• Actual or Threatened litigation
• Associated Firms
• Second and Other Opinion
• Former partners joining the staff of clients-After 3yrs
Safeguards to the Threats
Safeguards that may eliminate or reduce threats to independence to an acceptable level fall into two broad categories:
• Safeguards created by the profession, legislation or regulation;
and
• Safeguards in the work environment.
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Safeguards created by the profession, legislation or regulation
• Educational, training and experience requirements for entry into the profession.
• Continuing professional development requirements.
• Corporate governance regulations.
• Professional standards.
• Professional or regulatory monitoring and disciplinary procedures.
• External review by a legally empowered third party of the
reports, returns, communications or information
Safeguards in the work environment
Good recruitment policies, disciplinary policies, strong ethical leadership, promote quality control
Examples of safeguards;
•Involving an additional professional accountant to review the work done or otherwise advise as necessary.
•Consulting an independent third party, such as a committee of independent directors, a professional regulatory body or another professional accountant.
•Discussing ethical issues with those charged with governance of the client.
•Disclosing to those charged with governance of the client the nature of services provided and extent of fees charged.
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Safeguards in the work environment
• Involving another firm to perform or re-perform part of the engagement.
• Rotating senior assurance team personnel
• Leadership of the firm that stresses the importance of compliance with the fundamental principles.
• Leadership of the firm that establishes the expectation that members of an assurance team will act in the public interest.
• Policies and procedures to implement and monitor quality control of engagements.
• Designating a member of senior management to be responsible for
overseeing the adequate functioning of the firm’s quality control system.
• Advising partners and professional staff of those assurance clients and
Safeguards in the work environment
• Documented policies regarding the identification of threats to compliance with the fundamental principles, the evaluation of the significance of these threats and the identification and the application of safeguards to eliminate or reduce the threats, other than those that are clearly insignificant, to an acceptable level.
• For firms that perform assurance engagements, documented independence policies regarding the identification of threats to independence, the evaluation of the
significance of these threats and the evaluation and application of safeguards to eliminate or reduce the threats, other than those that are clearly insignificant, to an acceptable level.
• Policies and procedures to prohibit individuals who are not members of an
engagement team from inappropriately influencing the outcome of the engagement.
• Published policies and procedures to encourage and empower staff to communicate to senior levels within the firm any issue relating to compliance with the fundamental principles that concerns them.
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Safeguards in the work environment
• Documented internal policies and procedures requiring compliance with the fundamental principles.
• Policies and procedures that will enable the identification of interests or relationships between the firm or members of engagement teams and clients.
• Policies and procedures to monitor and, if necessary, manage the reliance on revenue received from a single client.
• Using different partners and engagement teams with separate
reporting lines for the provision of non-assurance services to an assurance client.
• Timely communication of a firm’s policies and procedures, including
any changes to them, to all partners and professional staff, and
Safeguards To The Threats Cont’d
Elements Of Quality Control
• Independence and objectivity.
• Personnel management - hiring.
• Engagement procedures – engagement letter.
• Practice administration – firm name.
• Quality control review program – internal review
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Try Questions
• List the typical criteria that an auditor must satisfy to be allowed to carry out an external audit.
• You are an audit partner in a firm of chartered
accountants. A client has invited you and your spouse to a social function for christmas. What should you do?
• ‘The auditor is a watchdog not a bloodhound’- Kingston
Cotton Mill case 1896. explain the above quotation in the
context of the external auditors responsibility for the
Case Study 1
I received a call from a marketing executive of an audit client requesting I acquire some of the shares being offered by the
company under an initial public offer (IPO) launched a week ago. I’ve served as the reporting partner for this audit client. After the IPO, I’m supposed to supervise the audit of the IPO. I’ve had my suspicions about this client in terms of competence as an investment entity. The company is a
registered investment advisors in Ghana.
Required
• Identify and discuss any four (4) threats this offer poses to my firm and suggest safeguards I can use.
• Assuming I buy the shares, prescribe the safeguards I need
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Case Study 2
Mr. Woyome has accused the Attorney General of Ghana for benefiting from the US$51m judgment debt paid to him. The
Attorney General was a partner of a firm of lawyers who sued Mr.
Woyome on behalf of a client who Mr. Woyome owed US$1m.
They succeeded in the suit and the debt was paid to the client by Mr. Woyome after he had received the judgment debt payment.
Required
Discuss any five (5) risks associated with client and
engagement acceptance and for each risk, recommend
a safeguard
Professional Responsibility and Liability
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