Professional Documents
Culture Documents
WHAT IS AN AUDIT?
1.
The term audit has been derived from the Latin word audire which means to
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3.
4.
History
1.
2.
2.
The underlying objective is to add credibility and enhance the degree of confidence
of Users of managements financial statements. Access to capital markets, mergers,
acquisitions, and investments in an entity depend not only on the information that
Interaction on Due Diligence by Auditors during Company Audit
management provides in financial statements, but also on the assurance that the
financial statements are free of material misstatements. This assurance is provided,
to a considerable extent, by an audit. While an audit does not guarantee financial
statements accuracy, it provides users with a reasonable assurance that an entitys
financial statements give a true and fair view in conformity with the applicable
financial reporting framework.
The need for an audit therefore originates from the following factors:
Requirement of Unbiased and relevant financial information to guide investment
decisions of stakeholders
Complexity of Financial information
Remoteness of the users from the financial information generating system and
processes
Financial and Economic consequences of using unreliable information
3.
As per SA 200A, Objective and Scope of the Audit of Financial Statements issued by
the ICAI, The objective of an audit of financial statements, is to enable an auditor to
express an opinion on such financial statements and help in determination of the
true and fair view of the financial position and operating results of an enterprise,
the user, should not assume that the auditors opinion is an assurance as to the
future viability of the enterprise or the efficiency or effectiveness with
which management has conducted the affairs of the enterprise.
Truth and fairness of the financial position shown by the balance sheet.
Truth and fairness of the trading results or the results of operations shown by the
profit and loss account.
Interaction on Due Diligence by Auditors during Company Audit
In the context of Indian Companies Act, 1956, as per Sec. 224 (1), Every company
shall, at each annual general meeting, appoint an auditor or auditors to hold office
from the conclusion of that meeting until the conclusion of the next annual general
meeting .
5.
Further, Sec. 233B of the Companies act, 1956 specifies that where in the opinion of
the Central Government it is necessary so to do in relation to any company required
under clause (d) of sub-section (1) of Section 209 to include in its books of account
the particulars referred to therein, the Central Government may, by order, direct
that an audit of cost accounts of company shall be conducted in such manner as
may be specified in the order by an auditor.
Scope of Audit
As per SA 200A, Objective and Scope of the Audit of Financial Statements issued by the
ICAI, the scope of an audit of financial statements will be determined by the
auditor having regard to :
The terms of the engagement;
The requirements of relevant legislation; and
The pronouncements of the Institute.
The audit should be organized to cover adequately all aspects of the enterprise
Interaction on Due Diligence by Auditors during Company Audit
out
such
other
tests,
enquiries
and
other
verification
the
financial
statements
with
the
underlying
accounting
records and other source data to see whether they properly summaries the
transactions and events recorded therein; and
(b) considering the judgments that management has made in preparing the
financial statements; accordingly, the auditor assesses the selection and
consistent application of accounting policies, the manner in which the
information has been classified, and the adequacy of disclosure.
The auditors work involves exercise of judgment, for example, in deciding the
extent of audit procedures and in assessing the reasonableness of the judgments
and estimates made by management in preparing the financial statements.
In forming his opinion on the financial statements, the auditor follows procedures
designed to satisfy himself that the financial statements reflect a true and fair view
of the financial position and operating results of the enterprise.
The auditor is primarily concerned with items which either individually or as a
Interaction on Due Diligence by Auditors during Company Audit
The auditor should be straightforward, honest and sincere in his approach to his
professional work. He must be fair and must not allow prejudice or bias to override
his objectivity. He should maintain an impartial attitude and both be and appear to
be free of any interest which might be regarded, whatever its actual effect, as
being incompatible with integrity and objectivity.
2.
Confidentiality
The auditor should respect the confidentiality of information acquired in the course
of his work and should not disclose any such information to a third party without
specific authority or unless there is a legal or professional duty to disclose.
3.
The audit should be performed and the report should be prepared with due
Interaction on Due Diligence by Auditors during Company Audit
professional care by persons who have adequate training, experience and competence
in auditing.
The auditor requires specialized skills and competence which are acquired through a
combination of general education, technical knowledge obtained
through
study
and
When the auditor delegates work to assistants or uses work performed by other auditors and
experts, he will continue to be responsible for forming and expressing his opinion on the
financial information. However, he will be entitled to rely on work performed by others,
provided he exercises adequate skill and care and is not aware of any reason to believe
that he should not have so relied. In the case of any
independent statutory
appointment to perform the work on which the auditor has to rely in forming his
opinion,
such
as
in
Companies Act, 1956, the auditors report should expressly state the fact of such reliance.
The
auditor
should
carefully
direct,
supervise
and
review
work delegated to
assistants. The auditor should obtain reasonable assurance that work performed by other
auditors or experts is adequate for his purpose.
5.
Documentation
The auditor should document matters which are important in providing evidence that
the audit was carried out in accordance with the basic principles.
6.
Planning
The auditor should plan his work to enable him to conduct an effective audit
efficient
and
timely
manner.
Plans
should
be
based
in
an
business.
Plans should be made to cover, among other things:
Interaction on Due Diligence by Auditors during Company Audit
(a)
(b)
(c)
Determining and programming the nature, timing, and extent of the audit
procedures to be performed; and
(d)
Plans should be further developed and revised as necessary during the course of the audit.
7.
Audit Evidence
The auditor should obtain sufficient appropriate audit evidence through the performance of
compliance and substantive procedures to enable him to draw reasonable conclusions there
from on which to base his opinion on the financial information.
Compliance procedures are tests designed to obtain reasonable assurance that those
internal controls on which audit reliance is to be placed are in effect.
Substantive procedures are designed to obtain evidence as to the completeness, accuracy and
validity of the data produced by the accounting system. They are of two types:
(i) Tests of details of transactions and balances;
(ii) Analysis of significant ratios and trends including the resulting enquiry of
unusual fluctuations and items.
8.
Management
is
responsible
for
maintaining
an
adequate
accounting system
incorporating various internal controls to the extent appropriate to the size and nature of
the business. The auditor should reasonably assure himself that the accounting system
is adequate and that all the accounting information which should be recorded has in
fact been recorded. Internal controls normally contribute to such assurance.
The auditor should gain an understanding of the accounting system and related internal
Interaction on Due Diligence by Auditors during Company Audit
controls and should study and evaluate the operation of those internal controls upon
which he wishes to rely in determining the nature, timing and extent of other audit
procedures.
Where the auditor
concludes
that he
can
rely
on
certain
The auditor should review and assess the conclusions drawn from the audit evidence
obtained and from his knowledge of business of the entity as the basis for the expression of
his opinion on the financial information. This review and assessment involves forming an
overall conclusion as to whether:
(a) The financial information has been prepared using acceptable accounting
policies, which have been consistently applied;
(b) The
financial
information
complies
with
relevant
regulations
and
statutory requirements;
(c) there is adequate disclosure of all material matters relevant to the proper
presentation of the financial information, subject to statutory requirements,
where applicable.
The audit report should contain a clear written expression of opinion on the financial
information and if the form or content of the report is laid down in or prescribed under any
agreement or statute or regulation, the audit report
should comply
with
such
Observance of Standards
In India, a Chartered Accountant, while carrying out an audit of financial statements is
governed by the Engagement and Quality Control Standards [earlier known as the Auditing
and Assurance Standards (AASs)], issued by the Institute of Chartered Accountants of India.
The Engagement Standards comprise of the following four categories Standards:
Standards on Quality control (SQCs), issued by the ICAI, are to be applied for all services
covered by the Engagement Standards as described in the above paragraph. These Standards
codify the best practices in the respective area of auditing.
It is the duty of the members of the ICAI to ensure that these Standards are complied with in
an audit of financial statements covered by their audit report. If for any reason, the member
has not been able to perform an audit in accordance with the Standard; his report should
draw attention to material departures there from. Till date, the ICAI has issued 37
Engagement standards.
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I.
Every auditor of a company shall have a right of access at all times to the books
and accounts and vouchers of the company, whether kept at the head office of
the company or elsewhere.
II.
The auditor shall make a report to the members of the company on the accounts
examined by him and the report shall state whether, in his opinion and to the
best of his information and according to the explanations given to him, the said
accounts give the information required by the Act in the manner so required and
give a true and fair view
In the case of the balance sheet, of the state of the companys affairs as at the
end of its financial year; and
In the case of the profit and loss account, of the profit or loss for its financial
year.
Whether he has obtained all the information and explanations which to the
best of his knowledge and belief were necessary for the purposes of his audit;
Whether the report on the accounts of any branch office audited under
section 228 by a person other than the companys auditor has been
forwarded to him and how he has dealt with the same in preparing the
auditors report;
Whether the companys balance sheet and profit and loss account dealt with
by the report are in agreement with the books of account and returns;
Interaction on Due Diligence by Auditors during Company Audit
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Whether, in his opinion, the profit and loss account and balance sheet
comply with the accounting standards referred to in sub-section (3C) of
section 211;
The observations or comments of the auditors which have any adverse effect
on the functioning of the company;
Whether the cess payable under section 441A has been paid and if not, the
details of amount of cess not so paid.
The Central government may, by general or special order, direct that, in the
case of such class or description of companies as may be specified in the
order, the auditors report shall also include a statement on such matters as
may be specified therein.
Duties of an auditor can be summarized as:Duties under the Companies Act and Common Law
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13
Remove the name of the member from the Register permanently or for such
period as it may thinks fit;
In re the London and General Bank Ltd. (1895) 2 Ch 673 (CA): It was held that
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shareholders acting through the directors are the best judges of the internal
functioning of the company.
It was held that shareholder protection is the prime consideration of auditors. The
auditors and the shareholders enjoy a fiduciary relationship (a relationship of trust)
and informing the shareholders about the correct financial position of the company
is a statutory duty of the auditors. Shareholders can only be protected by informing
them about any suspicious items in the financial statements and for this it is
e4ssential that the auditors remain ever vigilant.
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ICAI V.R. Ayyavoo (2005) 123 Comp Cas 345 (Mad HC DB ): it was held that the
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or
supporting
documentation
from
which
the
financial
intentional
omission
from,
the
financial
Misrepresentation
in
or
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The primary responsibility for the prevention and detection of fraud rests with
both those charged with governance of the entity and management. It is
important that management, with the oversight of those charged with
governance, place a strong emphasis on fraud prevention, which may reduce
opportunities for fraud to take place, and fraud deterrence, which could
persuade individuals not to commit fraud because of the likelihood of detection
and punishment.
II.
auditors,
in
BC/23.08.001/2001-02,
terms
is
of
required
the
to
circular
no. DBS.FGV.(F).No.
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IV.
Other Information
Overall Responses
Audit
Procedures
Responsive
to
Assessed
Risks
of
Material
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with
Management Representations
Documentation
5B
Company
Enron
10B
Parmalat
1B
6B
Year
2001
11B
2003
2B
7B
Audit Firm
Arthur Andersen
12B
3B
8B
Country
US
13B
Italy
Notes
Jeffrey Skilling, Kenneth
Lay, Andrew Fastow
Falsified
accounting
documents, Calisto Tanzi
4B
9B
14B
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When the telecom industry suffered its first downturn, Enron suffered as well. Business
analysts began trying to unravel the source of Enron's money. The Raptors would
collapse if Enron stock fell below a certain point, because they were ultimately backed
only by Enron stock. Accounting rules required an independent investor in order for a
hedge to work, but Enron used one of their SPEs.
The deals were so complex that no one could really determine what was legal and what
wasn't. Eventually, the house of cards began falling. When Enron's stock began to
decline, the Raptors began to decline as well. On August 14, 2001, Enron's CEO, Jeff
Skilling, resigned due to "family issues." This shocked both the industry and Enron
employees. Enron chairman Ken Lay stepped in as CEO.
Enron: Discovering Fraud
On August 15, Sherron Watkins, an Enron VP, wrote an anonymous letter to Ken Lay
that suggested Skilling had left because of accounting improprieties and other illegal
actions. She questioned Enron's accounting methods and specifically cited the Raptor
transactions.
Later that same month, Chung Wu, a UBS PaineWebber broker in Houston, sent an email to 73 investment clients saying Enron was in trouble and advising them to consider
selling their shares.
Sherron Watkins then met with Ken Lay in person, adding more details to her charges.
She noted that the SPEs had been controlled by Enron's CFO, Fastow, and that he and
other Enron employees had made their money and left only Enron at risk for the
support of the Raptors. (The Raptor deals were written such that Enron was required to
support them with its own stock.) When Enron's stock fell below a certain point, the
Raptors' losses would begin to appear on Enron's financial statements. On October 16,
Enron announced a third quarter loss of $618 million. During 2001, Enron's stock fell
from $86 to 30 cents. On October 22, the SEC began an investigation into Enron's
accounting procedures and partnerships. In November, Enron officials admitted to
Interaction on Due Diligence by Auditors during Company Audit
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overstating company earnings by $57 million since 1997. Enron, or "the crooked E," filed
for bankruptcy in December of 2001.
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This resulted in Consob, the Italian stock market regulatory authority, asking Parmalat
to explain the rationale behind raising high levels of debt, given high cash reserves.
Early in the year, the company was also forced to withdraw a bond issue valued at $360
million, after the company's share price fell by nine percent. Fausto Tonna (Tonna),
Parmalat's long-standing CFO and aide of Tanzi, resigned in April 2003.
In January 2003, soon after the company declared its results for 2002, reports began
circulating among bankers and investment firms about the company's balance sheet and
its high levels of debt, in spite of having considerable assets and high cash reserves.
This resulted in Consob, the Italian stock market regulatory authority, asking Parmalat
to explain the rationale behind raising high levels of debt, given high cash reserves.
Early in the year, the company was also forced to withdraw a bond issue valued at $360
million, after the company's share price fell by nine percent. Fausto Tonna (Tonna),
Parmalat's long-standing CFO and aide of Tanzi, resigned in April 2003.
How it All Happened
A notable point in the Parmalat case was that, unlike other accounting scandals, no
money had actually disappeared from the company. However, a number of nonexistent assets had been created to show money where it did not exist.
Analysts said that this was rather different from other cases of fraudulent accounting,
where money was diverted from the company to enrich a few of the top people. In
Parmalat's case, the money was either diverted to other companies (within the group or
belonging to the Tanzi family) to keep them afloat or did not exist in the first place.
Investigations revealed that the fraud had first begun in the late-1980s. The company
had expanded very rapidly into international markets in the 1980s. However, not all the
international operations were successful.
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Debate continues over the perceived benefits and costs of SOX. Supporters contend the
legislation was necessary and has played a useful role in restoring public confidence in
the nation's capital markets by, among other things, strengthening corporate accounting
controls. Opponents of the bill claim it has reduced America's international competitive
edge against foreign financial service providers, saying SOX has introduced an overly
complex regulatory environment into U.S. financial markets.
The Act creates a new, quasi-public agency, the Public Company Accounting Oversight
Board, or PCAOB, charged with overseeing, regulating, inspecting and disciplining
accounting firms in their roles as auditors of public companies. The Act also covers
issues such as auditor independence, corporate governance, internal control assessment,
and enhanced financial disclosure.
The Public Company Accounting Oversight Board (or PCAOB) is a private-sector, nonprofit corporation created by the Sarbanes-Oxley Act, a 2002 United States federal law,
to oversee the auditors of public companies. Its stated purpose is to 'protect the interests
of investors and further the public interest in the preparation of informative, fair, and
independent audit reports'. Although a private entity, the PCAOB has many
government-like regulatory functions, making it in some ways similar to the private Self
Regulatory Organizations (SROs) that regulate stock markets and other aspects of the
financial markets in the United States.
UK Role of FRC
The Financial Reporting Council (FRC) is the UK's independent regulator responsible
for promoting confidence in corporate reporting and governance. The FRC is
responsible for promoting high standards of corporate governance. It aims to do so by:
Ensuring that related guidance, such as that on internal control, is current and
relevant
Interaction on Due Diligence by Auditors during Company Audit
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Audit Committee to have periodic discussions with the auditors about the
internal control systems, scope of audit including observations of auditors
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(b)
Review the quality of services provided by the members of the Institute including
audit services; and
(c)
Guide the members of the Institute to improve the quality of services and
adherence to the various statutory and other regulatory requirements.
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INTERNAL AUDIT
In the initial stages, internal audit began as an extended arm of an external/statutory
audit of financial statements. As the global economy surged forward full steam, the
need for having a full-fledged, strategically directed internal audit emerged as an
inevitable service that could assist management in decision making, moving away from
being merely a police on financial transactions. In the modern business environment,
internal audit function has become a major support function for management, Audit
Committee, Board of Directors, External Auditors and key stakeholders. Internal audit
can be defined as an independent management function, which involves continuous
and critical appraisal of the functioning of an entity with a view to suggest
improvements thereto and add value and strengthen the overall governance
mechanism of the entity including the entitys strategic risk management and internal
control system.
The above definition highlights following facets of the internal audit:
Internal audits role should be a dynamic one, continually changing to meet the
needs of the organization.
circumstances warrant.
An effective internal audit function plays key role in assisting the board to
discharge its governance responsibilities.
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CREATIVE ACCOUNTING
Introduction
1.
target financial position, and then works backwards in order to achieve these desired
figures. This process, also referred to as cooking the books is sometimes used as a
means of manipulating the true incomes and losses of Companies.
2.
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Depreciation;
Revenue recognition;
Asset sales;
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arise with the disclosure of misdeeds by trusted executives of large public corporations.
Such misdeeds typically involve complex methods for misusing or misdirecting funds,
overstating revenues, understating expenses, overstating the value of corporate assets
or underreporting the existence of liabilities, sometimes with the cooperation of officials
in other corporations or affiliates.
3.
The biggest reported fraud of Corporate India i.e. Satyam Fraud is an example of
how creative accounting could be used for corporate fraud. A copy of the confession
letter of by Shri Ramlinga Raju, the ex-Chairman of Satyam, addressed to the members
of the Board of Directors of Satyam is annexed. Shri Raju confessed among other things
that the company had been fudging figures to show better results. Some other instances
of creative accounting used to perpetrate Corporate Fraud noticed during investigation
are given below:
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create reserves and use the same reserves for payment of bonus was
noticed. After the payment of bonus, the policy was reversed and
production costs charged to P&L account.
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Disciplining the Erring Auditors: The statutory auditors who have failed
in their duties or have ignored the warning signals need to be brought to
book. The current punishment prescribed u/s 227/233 is not sufficient as
deterrence. The complaints filed in the ICAI take an unusually long time
to be decided and defeat the purpose of deterrence.
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Conclusions
1.
At the same time, there is a strong case for strengthening the requirements for
exercise of due diligence by auditors in carrying out audit of the financial affairs of the
company, with negligence or willful default being suitably punished in a deterrent
manner. The public interest aspect of the auditors role is undeniable.
3.
The swelling incidents of accounting frauds have brought out the need for
important step in managing this challenge. Organizations undertaking the effort should
begin by assessing how well they are managing fraud risk. Identifying known risks and
existing controls is an important first step. Then the organization can determine its ideal
future state, perform an analysis, and prioritize activities that will help enable the
development of a company-specific antifraud program. Such a program will not only
help enable appropriate compliance with regulatory mandates but also help the
organization align its corporate values and performance as well as protect its many
assets, including its reputation.
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SUMMING-UP
Failures of businesses in which deficiencies of financial reporting and corporate
disclosure have figured prominently are not new phenomena. However, high-profile
cases of the recent past, such as Enron, WorldCom, Satyam together with a host of
smaller-scale examples worldwide, have drawn far greater attention to this area. At the
same time, there has been evidence of an increased frequency of restated financial
statements. All of this has had a negative and cumulative impact on the way informed
opinion views financial reporting.
These concerns have reduced the credibility of all those involved in the process of
providing financial and other information, and increased the difficulty of restoring
credibility. This loss of credibility has been widespread across capital markets. The
increasingly global nature of the markets, and of businesses, has resulted in concerns
crossing national boundaries.
Almost all the high profile failures are the result of the combined effect of failures in
business, failures in governance and failures in reporting.
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auditor needs to follow appropriate auditing standards with competence and integrity
and to give the independent opinion that is appropriate to the result of his work.
Because it is objective and independent, the auditors opinion should add credibility to
the reported information, thereby facilitating its use by shareholders and others.
Effective standards make the language of reporting comprehensible and responsive to
users needs, make comparisons possible, and restrict the actions of those who wish to
mislead or disguise. An effective regulatory regime makes it more difficult to ignore
the standards and easier to bring culprits to justice, resulting in increased trust among
investors. The audit expectation gap has been recognized for many years, but the
professions attempts to eliminate it by informing stakeholders as to what it is realistic
to expect, and by raising auditor performance by improved practices, higher standards
and strengthened regulation, do not appear to have reduced the gap significantly.
Although it may not be possible to eliminate such differences, but it should be possible
to narrow the range and to provide information which will allow users to understand
the more significant estimates and judgments which have been made.
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