Professional Documents
Culture Documents
AND INVESTIGATION
STANDARDS (FAIS)
FAIS Overview
1. First in the World
2. Objectives
3. Current Status
4. Applicability
5. Audit Vs. FAIS
6. Basic Principles
7. Sessions on each Series
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Overall Objectives
CODIFY BEST PRACTICES
CLARIFY EXPECTATIONS & ATTRIBUTES
SET COMMON TERMONOLOGY
(DEFINITIONS)
SET BASIC QUALITY BENCHMARKS OF
SERVICE
HARMONISE & IMPROVE PERFORMANCE
PROVIDE KNOWLEDGE & GUIDANCE
SET AND EVALUATE LEVEL OF
PERFORMANCE
PROTECT THE ICAI BRAND
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Overview of the FAI Standards
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Over-Arching Documents
PREFACE :
• Introduces the Standards
• Outlines the Process of Standard Setting
FRAMEWORK:
• Sets the Structure of the FAIS
• Defines certain key terms
• Establishes a Fixed Format of 6 Sections
BASIC PRINCIPLES:
• 5 Attribute Principles
• 5 Conduct Principles
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FAIS Preface
PRINCIPLE BASED MANDATORY * NATURE OF FAIS
✓ The Standards outline the ✓ ALL ICAI MEMBERS ^
principles (outcome) of each
✓ ALL FAI ENGAGMENTS
subject matter
ANY LIMITATION ON THE APPLICABILITY OF THE STANDARD
✓ They provide for WHAT is IS MADE CLEAR IN THE STANDARD ITSELF
expected of the Professional, * Recommendatory till June 2023. Guidance Notes are always
recommendatory in nature.
but not the HOW
^ NOTE:
✓ Details of HOW will come later
✓ Currently, anyone can conduct FAI assignments
in the form of Guidance Notes: ✓ Although ICAI cannot impose it’s Standards on non-members;
✓ Implementation Guide however, over time, the Government may choose to make
✓ Technical Guide these mandatory on everyone conducting certain
assignments
(e.g., Listed Companies or Frauds over a certain amount)
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Framework & Definitions
KEY DEFINITIONS
Forensic Accounting is discovery and evaluation of evidence by
a professional to interpret and communicate findings suitable for a
Court of law.
Investigation is the systematic and critical examination of facts,
records and documents for a specific purpose.
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Definition – Forensic Audit?
• An AUDIT is NOT the same as
– Forensic Accounting, or
– A Fraud Investigation
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Basic Principles
1. Independence
2. Integrity and Objectivity
3. Due Professional Care ATTRIBUTES
4. Confidentiality
Credibility of the Professional
5. Skills and Competence
6. Contextualisation of Situation
7. Primacy of Truth
8. Respecting Rights and Obligations PERFORMANCE
9. Separating facts from opinions
Credibility of the Engagement
10. Quality and Continuous Improvement.
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Series 100 Standards - Key Concepts
S. No. FAIS No. SUBJECT MATTER
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110 : Nature of Engagement
NATURE OF ENGAGEMENTS KEY PROVISIONS (REQUIREMENTS)
Forensic Accounting 2. Where the mandate requires the application of accounting skills to
discover evidence, the concept of Forensic Accounting shall apply
3. Where the mandate requires the need to discover and evaluate evidence
Investigation
for a specific purpose, such as to help establish possible fraudulent
intent, and to identify possible suspects of fraud, the concept of
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Forensic Accounting Services 110-4.2
POSSIBLE OBJECTIVE:
Forensic Accounting aims to highlight any accounting or legal violations, regulatory
deviations or contractual breaches through ascertainment of facts and discovery of
evidences suitable for a Court of law. The focus area is critical examination of
transactions, funds and balances in the books of account or with third parties.
POSSIBLE OBJECTIVE:
The purpose of the Investigation is to examine facts and circumstances and discover
evidence to prove or disprove hypotheses formulated regarding alleged legal
violations, unethical conduct or the possibility of a fraud by suspected individuals.
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Litigation Support Services 210-Annx.1
POSSIBLE OBJECTIVE:
Provide testimony in a Court of Law, based on Forensic Accounting and
Investigation (FAI) expertise and/or to help facilitate some resolution to legal
disputes based on facts/circumstances and FAI expertise.
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120 : Fraud Risk
ESSENCE OF FRAUD RISK KEY PROVISIONS (REQUIREMENTS)
Define Fraud & its the engagement and to assign appropriate skill sets.
Fraud Risk = concepts of risk indicating fraud risk when reporting findings of the work
completed.
applied in a fraud scenario
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Fraud Indicators
• During the course of the engagement, the Professional shall prioritise
the work to identify fraud indicators.
• The fact that fraud is usually concealed, can make it very difficult to
detect.
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140 : Applying Hypotheses
CONCEPT OF HYPOTHESIS KEY PROVISIONS (REQUIREMENTS)
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Series 200 Standards - Engagement Management
S. No. FAIS No. SUBJECT MATTER
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210 : Engagement Objectives
ESSENCE OF STANDARD KEY PROVISIONS (REQUIREMENTS)
What is the purpose and 1. Understand and document the main purpose of
the engagement.
objectives of the
2. Scope shall be defined in line with the
engagement: objectives.
✓ Forensic Accounting 3. Expected outcome is in line with the objectives
and the defined scope.
✓ Investigation 4. The objective shall not be designed to commit to
any particular outcome, however, Professional
✓ Litigation support
can draw reasonable conclusions based on the
evidence discovered.
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210 : Engagement Objectives
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220 : Engagement Acceptance and Appointment
ESSENCE OF STANDARD KEY PROVISIONS (REQUIREMENTS)
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230 : Using the work of an Expert
ESSENCE OF STANDARD KEY PROVISIONS (REQUIREMENTS)
Expert: Person possessing 1. The Professional to make a determination of using the work of an Expert.
special skills or domain 2. Professional to seek the authority to select, appoint and engage the Expert, or
expertise, along with evaluate the independence and objectivity of the Expert appointed by others.
relevant experience and 3. The Professional shall evaluate the qualifications and credentials of the Expert.
expertise in a particular 4. Professional shall participate in defining the scope and expected deliverables
area, field or discipline. for the work to be conducted by the Expert.
Profession should seek 5. The Professional shall evaluate the adequacy of the work conducted by the
assistance, and place Expert to ensure evidence discovered constitutes sufficient and reliable
expert. 6. The Professional to retain ultimate responsibility for conclusions of the Expert.
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240 : Engaging with Agencies
ESSENCE OF STANDARD KEY PROVISIONS (REQUIREMENTS)
Required to work closely 1. Agree on the objectives, scope and planned procedures of
the engagement with the Agencies
with various Agencies
2. Gain understanding of the applicable laws and regulations
Defines agency as: governing the respective agency.
• Law Enforcement Agencies
3. Comply with Basic Principles with special emphasis on
• Regulatory Bodies
• Adjudicating Authorities Independence, Objectivity, Integrity, Confidentiality.
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250 : Communication with Stakeholders
ESSENCE OF STANDARD KEY PROVISIONS (REQUIREMENTS)
Define key terms: 1. Communication in accordance with a laid-down process, and a pre-
defined, pre-agreed protocol.
Communication:
2. Communication with Other Stakeholders shall be pre-defined
Primary SH: The appointing Authority. and duly included in the process and protocol.
Other SH: Rest 3. All communication by the Professional shall be clear, direct,
Clarifies responsibility to independent, objective and effective.
communicate directly with 4. The form and content of matters to be communicated and the time-
frame of communication is based on the best judgment of the
Primary SH. Professional. However, the Professional shall communicate certain
matters considered to be "Essential Matters”.
Communication with Other SH
5. Where appropriate, the Professional shall communicate certain
mainly for efficient conduct of
matters considered to be “Significant Matters” (refer Para 4.5).
assignment. 6. Communication with public or media shall be avoided.
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250 : Communication with Stakeholders
ESSENTIAL MATTERS – Engagement Execution SIGNIFICANT MATTERS - General
(a) The scope and methodology of engagement. (a) Lack of cooperation by Stakeholders, causing
significant delays.
(b) Written process and protocol of communication.
(d) Support and cooperation required from Primary and (c) General repression, domination or intimidation
Other Stakeholders for access to information sources by Stakeholders.
and for gathering evidences.
(d) Potential conflict of interest with any
(e) Engagement fees and any resourcing constraints. Stakeholder.
(f) Periodic reporting of engagement progress as per
(e) Alteration or destruction of evidences.
requirements.
(g) Reporting format which may be specific to the (f) Break in Chain of Custody of evidences.
engagement or prescribed by legal and regulatory
provisions. (g) Safety or life-threatening situations.
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Series 300 Standards - Executing Assignments
S. No. FAIS No. SUBJECT MATTER
1 310 Planning the Assignment
2 320 Evidence and Documentation
3 330 Conducting Work Procedures
4 340 Conducting Interviews
5 350 Review and Supervision
6 360 Testifying before a Competent Authority
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310 : Planning the Assignment
INTRODUCTION KEY PROVISIONS (REQUIREMENTS)
Assignment: A part of the 3. Work methodology to be established (including any hypotheses formulated),
together with the depth and nature of procedures to be conducted.
engagement or a specific
4. Relevant elements of the plan to be communicated to the identified
group of tasks.
stakeholders, on a need-to-know basis.
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320 : Evidence and Documentation
ESSENCE OF STANDARD KEY PROVISIONS (REQUIREMENTS)
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330 : Conducting Work Procedures
ESSENCE OF STANDARD KEY PROVISIONS (REQUIREMENTS)
Work Procedures refer activities 1. Develop Work Procedures in line with the agreed scope and
to gather relevant and reliable objectives.
evidence in order to prove or 2. Evaluate deploying relevant tools, techniques and processes for
disprove formulated hypotheses. discovering evidence.
Work Procedures are generally
3. Pay due attention to Fraud Indicators.
conducted in phases:
Phase 1: behind the scenes 4. Consider the formulation and testing of hypotheses to discover
where there is little interaction reliable and appropriate evidences.
with the individuals involved, 5. Assess the need for any change in methodology (e.g., engaging
and experts).
Phase 2: where there is a need 6. Duly document the details of the work performed, the outcome of
to engage with the relevant each Work Procedure, limitations faced, and the conclusions drawn
Stakeholders. thereupon.
7. Communicate with the Stakeholders the progress of the
assignment.
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340 : Conducting Interviews
ESSENCE OF STANDARD KEY PROVISIONS (REQUIREMENTS)
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350 : Review and Supervision
ESSENCE OF STANDARD KEY PROVISIONS (REQUIREMENTS)
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360 : Testifying before a Competent Authority
ESSENCE OF STANDARD KEY PROVISIONS (REQUIREMENTS)
Proceedings 2. Where there is any conflict, the Testifying Professional’s paramount duty shall be
Testimony towards the Competent Authority and not the Client.
3. The Testifying Professional shall limit the scope of testimony to only the facts
Distinguish between
and evidences discovered during the course of the assignment.
Fact Witness
4. The Testifying Professional shall be actively involved with the assignment
Expert Witness. execution to understand the facts and evidences:
Does not apply to Expert 5. The Testifying Professional shall adhere to the statutory provisions for
deposition, as per applicable law and adhere to the relevant Standards issued
Witness Testimony. by the ICAI including accounting standards, guidance notes, etc. where matters
relating to accounting are concerned.
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Series 400 Standards – Specialised Areas
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410 : Applying Data Analysis
ESSENCE OF STANDARD KEY PROVISIONS (REQUIREMENTS)
Objective is to examine the data to 1. Prepare and follow a Data Analysis Plan, containing certain essential
elements required to achieve the objectives of applying data analysis
analyse and discover patterns of techniques.
irregular and inconsistent activities 2. Include pre-processing steps such as data acquisition, data validation
or other anomalies. and data preparation, while ensuring data integrity and adherence to
data boundary, with adequate precautions to ensure admissibility in a
The result of the DA work is used to court of law.
support the hypotheses and 3. Undertake the process of performing data analysis in line with the
observations which may form part objective, ensuring test of reproducibility and reporting results in an
effective format.
of the conclusions to be reported.
4. Undertake measures to maintain data confidentiality, integrity, archival
Define key terms: and retrieval over the course of the assignment and till such time as
required under relevant laws and regulations.
Data Analysis
5. The DA team as a whole should possess adequate expertise and
Many other DA process terms
experience of applying DA techniques for conducting FAI assignments.
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420 : Evidence Discovery in Digital Domain
ESSENCE OF STANDARD KEY PROVISIONS (REQUIREMENTS)
As most business activities and 1. Maintain and deploy a documented process for e-discovery of evidence,
stipulating relevant technical standards and legal requirements to be followed in
transactions shift to the Digital
this regard.
Domain (DD), the evidential matter
2. Undertake an overall understanding of the prevalent Information Systems (IS)
now required to complete Forensic environment and its linkage to the Digital Domain in so far as it is relevant to the
Accounting and Investigations (FAI) assignment objectives.
assignments needs to be 3. Discovery and gathering of evidence in the Digital Domain shall be conducted by
discovered in a new way, referred those who have the requisite skills, expertise and experience of working in such a
domain so as to preserve the reliability and admissibility of digital evidence in a
to as “electronic discovery (or e- Court of law.
discovery). 4. Evidence gathered in the Digital Domain shall comply with the National laws (or
Define key terms: the International laws, where applicable) concerning the Digital Domain and
respective data privacy laws which place restrictions on the e-discovery and
Digital Domain custody of digital evidence.
Digital Evidence 5. Where necessary, the Professional shall deploy appropriate forensic tools and
techniques to authenticate the evidence, analyse the data and maintain a reliable
E-Discovery
Chain of Custody over the evidence.
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430 : Loans or Borrowings
ESSENCE OF STANDARD KEY PROVISIONS (REQUIREMENTS)
Deals with specific types of 1. The Professional shall identify the nature of dispute, Primary Stakeholder’s
engagements related to disputed expectations and agree on the scope and requirements of the engagement
transactions of Loans or Borrowings with regards to the Loans or Borrowings, addressing specifically the unique
aspects of each appointing authority, such as a Resolution Professional (RP),
The subject matters of these
lending Bank, or an investigating agency.
engagements generally require an
examination of compliance with 2. Any areas specifically agreed to be out of scope shall be clearly mentioned in
contractual, statutory, or regulatory the Letter of Engagement or Appointment.
provisions
3. While compliance with legal, regulatory and contractual requirements is a
Define key terms:
key aspect of the Professional’s work procedures, specific methodology
Loans and work procedures for asset-tracing shall be considered, especially to
Borrowings identify the flow of transactions in dispute through diversion or siphoning.
Misutilization of Funds
4. The Professional shall make reasonable efforts to collect additional
information from other sources which can help to corroborate facts held
beyond accounting records, and made available by the appointing
authority.
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430 : Loans or Borrowings
NATURE OF DISPUTS RELATING TO LOANS OR BORROWINGS
(a) Loan extended or obtained through inappropriate or unethical means.
(b) Assets offered as securities for loans are either not owned, not in existence
or misappropriated without the notice of lender.
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Series 500 & 600 Standards – Reporting & Quality
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510 : Reporting Results
ESSENCE OF STANDARD KEY PROVISIONS (REQUIREMENTS)
Deals with the responsibility of 1. The Professional shall issue a written Report which is precise and unambiguous.
2. The Report shall be addressed to the Primary Stakeholders and only shared with other
the Professional to issue a Stakeholder(s) where required or permissible.
written report to the 3. While no fixed form or content of the Report is mandated by this Standard, the Report shall
include certain key elements to enable the recipient to understand the purpose of the
stakeholders. assignment, the extent of work performed by the Professional, any limitations, assumptions
or disclaimers, the facts and evidence discovered and the conclusions drawn.
Reporting results of the work 4. Where the form and content of the Report is mandated by the Stakeholders, or as per statutory or
regulatory requirements, the Professional shall report in line with those requirements, while
procedures completed, and the keeping in mind the key elements.
findings from those procedures, 5. The Report shall highlight any key assumptions made and whether any limitations were
faced by the Professional during the course of the assignment.
is the concluding part of the 6. The Report shall not express an opinion or pass any judgement on the guilt or innocence.
The Report can, at best, highlight the circumstances and facts that may aid a stakeholder
assignment. decision or further a civil or criminal investigation.
One engagement may include 7. In case where the assignment could not be completed due to some reasons, the
Professional shall provide a Status Report with an assessment of the results, including due
multiple assignments, hence limitations and disclaimers, and reasons for the incomplete nature of the assignment.
8. The Report shall be issued within reasonable time frame as per the engagement terms.
multiple reports
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510 : Reporting Results
KEY ELEMENTS OF THE REPORT
(d) An Executive Summary of the results, covering all important aspects and the essence of the findings;
(f) The fact that the assignment has been conducted in accordance with FAIS, or any material departures therefrom;
(g) List of findings supported by key evidences, sources of evidences, and other relevant matters;
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610 : Quality Control
ESSENCE OF STANDARD KEY PROVISIONS (REQUIREMENTS)
Quality as a general term is well 1. The Professional shall establish a QCS designed to specify the quality control
requirements and how these requirements will be met during all stages of an assignment.
understood, as is the fact that the
2. The Professional shall ensure that assignments are appropriately staffed with individuals
stakeholders are the best judge of
having relevant experience and technical capabilities. Since each assignment is unique in
acceptable quality. FAI assignments nature, and in order to keep-up with evolving trends, an ongoing Competency
generally have multiple stakeholders, Development Plan shall be put in place.
and recognising their quality 3. The QCS shall be communicated and disseminated amongst all the staff working on the
expectations are important in this assignments, and where appropriate, with the Experts engaged on the assignment.
respect. 4. The Professional shall establish policies and procedures for Quality Control Review
(QCR) that sets out timely evaluation of the work performed before the report is issued.
Delivering quality output requires a
5. A process to ensure regular monitoring of Continuing Professional Education (CPE)
systematic and disciplined approach. requirements of the ICAI shall be implemented. Particularly, for Professional conducting
This approach needs a combination of FAI engagements, around 40% of the annual CPE hours shall be in the area of FAI
the right people, robust processes and subjects.
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Dr. (CA) Durgesh Pandey
durgesh@dkms.co.in
+91 98240 16129