Sibichen K
Mathew
How many of you evaluate the past
performance and future prospects of a company before investing in its shares?
We go by the popular perception, public profile of that company, or the ‘hype’
created by the company itself! The media, the consultants, the specialists and
the advisors suggest the best deals to the potential investors. All of them
give their views on the basis of the financial statements and audit reports of
the company. That means, investors trust
the audit reports. To put it simply, ‘people trust the auditors’!
Contracts are entered, money is lent,
job offers are accepted, tax incentives are given, and above all ‘social
recognition’ is bestowed on many corporates on the basis of a beautiful
(well-dressed) balance sheet amply certified by auditors.
Yes, we - the government, the
investors, the lenders, the purchasers, the sellers, the service providers, the
taxmen, the employees, the public - means, the entire society, repose faith in
the auditors! And the auditors are supposed to vouch, examine, evaluate and
certify the correctness or otherwise of the transactions of the company and its
orientation.
Yet, we hear well-established companies bursting
like bubbles, share prices reaching rock bottom, promoters fleeing the scene,
top management going behind the bars, and all stake holders watching everything
helplessly!
What was
wrong? Why these happenings?
Audit, all over the world, is a
powerful instrument to ensure accountability and financial regularity in all
types of institutions and organizations. Though millions of investors rely on
corporate audits, the recent corporate scandals all over the world have raised
serious questions about the efficiency and effectiveness of corporate audit
regulations and enforcement. The audit report is a powerful indicator of a
company’s financial stability, accounting consistency and reliability. However,
everything depends on how efficiently the audit was done and how clearly the
transactions are reported in the audit report.
The Lehman BankruptcyExaminer’s Report
has come down heavily on the failure of Ernst & Young in preventing one of the biggest failures in the Wall Street that triggered
global recession. Audit and accounting failures were also evident in the cases
of BAE Systems ,
Olympus ,
Enron ,
World Com ,
Lucent Technologies , Sun Beam Corporation ,
Waste Management ,
Boston Chicken
etc. India has also witnessed a series of financial scams in the last decade especially
during the liberalization period, most of which are rooted at accounting
frauds. However, the responsibility of the auditors in these scams and their
role in frauds are never viewed seriously. Reserve Bank of India has a long
list of companies who have been guilty of unethical accounting practices and
diverted public funds. A number of companies vanished with crores of rupees
immediately after the public issue. Financial statements of several companies
became unreliable and depicted wrong state of affairs.Satyam scam is the best example.
The Problem areas
The
corporate scams and scandals happened in the world in the last few years are
clear indications of the collusion between auditors and management in
accounting frauds. They have happened either through active suggestions and consultancy
to commit frauds or through deliberate omissions in the job. Inefficiency and
technical incompetence of the auditors have resulted in some of the corporate
debacles. It is foolish if one refuses to learn any lesson from the above
scandals, thinking that these are just aberrations and will not recur.
In many cases it is seen that the audit firm
is unduly dependent on the client financially. It may be due to the
fact that the audit firm provides bulk of its resources for that client or it
receives substantial amount of its earnings from that particular client. Thus
it is a question of survival for the firm. It results in subjectivity in the
performance and reporting of the auditor. In spite of strict codes of conduct,
many auditors enter into financial transactions in the names of relatives with
the client or the client’s associated concerns. There are also beneficial
interest in trusts of the clients, and in shares and investments in associated
concerns and also employment of close relatives in connected concerns and
re-employment by the auditors in the clients’ concerns. Most of the audit
firms involve in the non-audit work of their clients and they receive
substantial portion of their earnings from such non-audit activities. The share
of management consultancy in the total revenues of the top five chartered
accountant firms in US, has gone up from 13% in 1981 to more than 50% by 2010.
Responses of the regulators and intra-disciplinary bodies
Sarbanes-Oxley (SOX) Act ,
is the US authorities’ response to political outrage in the wake of Enron,
WorldCom, and other equally shocking failures of law, standards, governance and
audit. SOX Act is considered as the legislation, which brought most sweeping
changes to securities law, corporate governance, and the regulation of auditors
since the Securities Exchange Act of 1934 .
The SOX Act has international implications since the auditors of overseas
subsidiaries or associates of US listed companies are obliged to sign up to it
if they wish to retain the work. SOX Act laid down an array of strictures on
company directors, especially CEOs and CFOs. Failure to comply could mean
prison terms of upto 25 years. The
creation of the self regulatory board of Public Companies Accounting Oversight Board (PCAOB)
by the US Congress through the Sarbanes-Oxley Act 2002, was meant to give
powers to the Board over the external auditors in order to guide them in
auditing the public led companies. Though there are enough laws, the institutional mechanisms in India and many countries are marred by weak enforcement.
Need for a global policy
In this era of globalization and
transnational character of businesses, it is necessary to have effective global
standards in accounting and auditing. The guidelines need to be uniform.
However, the procedures can be flexible based on the particular country’s
requirement, without compromising the fundamental principles.
What is imperative today is the establishment of an
International Quality Assurance Body that formulates universalistic principles
and guidelines for all accounting, auditing and consulting firms all over the
world. The body should suggest an appropriate mechanism that ensures
quality, reliability and objectivity among audit firms. It is also necessary to
have concerted action to prohibit direct or indirect monopoly in the area of
auditing and consulting by a few firms. Proper auditor rotation, disciplinary
mechanism, and an environment that ensures auditor independence can bring back
public trust on the auditors.
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in India, Auditors are rarely under scanner ! I have seen stocks of several listed companies shot up by 40-50% in a week and then fell miserably by 80-90% next month or so. Audit is not just about checking the documents, but asking questions, ensuring authenticity of documents and trying to fund the motives, if possible ! I think auditors in India faces time crunch and so in the face of competition are more interested in completing their one assignment as soon as possible so as to grab the other client, before anybody else ! So nobody has time to thin about ethics, responsibility associated in their audit reports and how their audit reports can change the lives of several people forever !!
ReplyDeleteI don't trust them as I come from the same profession. Also I don't trust the business news channel. I feel our economic laws are weak and less stringent which is the main reason we are facing this problem. Also, I haven't heard anyone's membership getting cancelled. I will bookmark this to read about your take on Satyam. Thanks for writing this Article.
ReplyDeleteVery informative article..
ReplyDelete