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The importance of corporate governance
The importance of corporate governance
The importance of corporate governance
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In an article by the Journal of Accountancy, the definition for restatement is given as “revising previously issued financial statement to correct an error (Hall & Aldridge, 2007)”. Restatements occur when a company must adjust previously issued financial statements to correct an error as opposed to completing a Form 8-K filing; this avoids all periods and amendments from needing change. As a result, the applicable annual financial statements would reference the restatement based upon the practicing auditors' opinion and SEC requirement.
Restatements are not caused by any specific accounting standard but internal company issues instead. Such concerns that have given cause to create restatements are:
• Complex wording of the accounting standard(s)
• Internal controls
• Materiality thresholds,
• Judgment; not being sure of the response/report given
While the restatement themselves are not directly responsible for the consequences, it does expose the underlying governance and control problems that both accountants and auditors face in their roles to provide transparency and accurate reporting. To keep confidence and the business operating, the company could in good faith replace those executives and/or employees that did not address or caused the restatement. Also, the company can adopt and practice the appropriate corporate governance measures, ensure proper communication is used at all times.
Despite the cause of restatement being human error, financial statements with reported restatements do have an effect on stock prices. Financial statements play a major role in the success and growth of a company. These reports are given to investors, banks, stakeholder, and the government (as needed) alike to show earnings and/or lack th...
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...07). Changes in accounting for changes . Journal of Accountancy, Retrieved from http://www.journalofaccountancy.com/Issues/2007/Feb/ChangesInAccountingForChanges.htm
(n.d.). Text o f federal securities laws regarding the book s and record s provisions (Appendix F). Retrieved from website: http://www.justice.gov/criminal/fraud/fcpa/docs/response2-appx-f.pdf
PCAOB. (2004). Au section 333: Management representation. Retrieved from http://pcaobus.org/standards/auditing/pages/au333.aspx
U.S. Securities and Exchange Commission, (2003).Improper influence on conduct of audits. Retrieved from website: https://www.sec.gov/rules/final/34-47890.htm
Why firms restate annual earnings and why investors should beware. (2002, October 23). Knowledge @ Wharton, Retrieved from https://knowledge.wharton.upenn.edu/article/why-firms-restate-annual-earnings-and-why-investors-should-beware/
However, circumstances changed “in cases in which an auditor fails to establish that applicable auditing standards were followed” (Zack 2011). Since WoolEx Mills’ auditors failed to properly identify the fraud risks that caused the material misstatements, they would be in breach of professional duty to shareholders. Litigation would mostly be pursued by WoolEx Mills’ shareholders, WoolEx Mills, third parties impacted by the auditors services, creditors, and other parties who rely on WoolEx Mills financial statements. Each plaintiff would have the right to sue the auditors for their negligence in performing the audit with due diligence. To prove a breach of contract, WoolEx Mills would need to provide the engagement letter as proof that the auditors did not peform the duties agreed upon. Additionally, WoolEx Mills’ auditors would be charged with either gross or ordinary negligence based on their deviation from proper auditing standards. Since the auditors failed to test the company’s internal controls, they would be found guilty of gross negligence. The auditors would be guilty of ordinary negligence if they forgot to complete a section of the vertical analysis of the Income Statement (Zack 2011) (Krishnan & Shah
Individual Article Review Lily Cobian LAW/421 March 31, 2014 Ramon E. Ortiz-Velez Individual Article Review Introduction My article review is based on Sarbanes-Oxley and audit failure, a critical examination why the Sarbanes-Oxley Act of 2002 was established and why it is not a guarantee to prevent failure of audits. Sarbanes-Oxley Act talks about scandals of Enron which occurred in 2001 and even more appalling the company’s auditor, Arthur Anderson, found guilty of shredding company documents after finding out Enron Company was going to be audited. The exorbitant amounts of money auditors get paid to hide audit discrepancies was also beyond belief. The article went on to explain many companies hire relatives or friends to do their audits, resulting in fraud, money embezzlement, corruption and even the demise of companies. Resulting in the public losing faith in the accounting profession, the Sarbanes-Oxley Act passed in 2002 by congress was designed to restrict what company owners and auditors can and cannot do. From what I gathered in the article, ever since the implementation of the Sarbanes- Oxley Act there has been somewhat of an improvement but questions are still being asked as to why there are still issues that are not being targeted in hopes of preventing more audit failures. The article also talked about four common causes of audit failure: unintentional auditor mistakes, fraud, fatigue and auditor client relationships. The American Institute of Certified Public Accountants (AICPA) Code of Professional Conduct clearly states an independent auditor because it produces a credible audit, however, when there is conflict of interest, the relation of a former employer, or a relative or even the fear of getting fire...
Cornell University Law School. (n.d.). 18 U.S. Code § 1348 - Securities and commodities fraud. Retrieved April 8, 2014, from Legal Information Institute: http://www.law.cornell.edu/uscode/text/18/1348
Throughout the past several years major corporate scandals have rocked the economy and hurt investor confidence. The largest bankruptcies in history have resulted from greedy executives that “cook the books” to gain the numbers they want. These scandals typically involve complex methods for misusing or misdirecting funds, overstating revenues, understating expenses, overstating the value of assets or underreporting of liabilities, sometimes with the cooperation of officials in other corporations (Medura 1-3). In response to the increasing number of scandals the US government amended the Sarbanes Oxley act of 2002 to mitigate these problems. Sarbanes Oxley has extensive regulations that hold the CEO and top executives responsible for the numbers they report but problems still occur. To ensure proper accounting standards have been used Sarbanes Oxley also requires that public companies be audited by accounting firms (Livingstone). The problem is that the accounting firms are also public companies that also have to look after their bottom line while still remaining objective with the corporations they audit. When an accounting firm is hired the company that hired them has the power in the relationship. When the company has the power they can bully the firm into doing what they tell them to do. The accounting firm then loses its objectivity and independence making their job ineffective and not accomplishing their goal of honest accounting (Gerard). Their have been 379 convictions of fraud to date, and 3 to 6 new cases opening per month. The problem has clearly not been solved (Ulinski).
Title III relates to corporate responsibility. Section 301 makes audit committee, which must be independent, responsible for appointment, compensation and oversight of any audit work performed by the audit firm. It also allows the SEC to de-list any issuer not in compliance with title III. Section 302 requires principal executive and principal financial officers to certify, in each annual or quarterly report that they review the report, the report does not contain any untrue statement of material fact or omission of a material fact and financial position and results of operations are fairly presented. The officers also certify that they are responsible for establishing and maintaining effective internal control, have evaluated the effectiveness
Ethic is defined as a set of moral principles or values, a theory of system of moral values, the principles of conduct governing an individual or a group. In all its form, ethics deals with what is good and bad, and with moral duty and obligation. Hence, ethics is either a set of principles held by an individual or group, or the discipline that studies the set of principles (Duska, Duska, & Ragatz, 2011). Ethical theories provide principles that can be useful when solving dilemmas whereas business ethics refers to the ethical values that determine the interaction between a company and its stakeholders. The three major approaches in normative ethics identified are virtue ethics, deontological and utilitarianism (Kraut, 2012), but in this paper the focus is on the two major one proposed for the accounting profession – deontology and utilitarianism.
Cardinal virtues and ethics have long standing relationship with each other. They are “Two sides of a coin” and highly dependent on each other for the purposes of effective corporate governance. Accounting ethics is no exception to the cardinal virtues and they are embedded in APES 110, code designed for the accountants and includes guidelines for members in the public practice as well as for members in business. This assignment analyses the application of cardinal virtues in alignment with fundamental principles of APES110 Code of Accounting ethics with relevant examples and discusses the specific sections where cardinal virtues are applied in relation to the examples. Virtues are those character traits that dispose a person to act ethically
Giroux, G. (Winter 2008). What went wrong? Accounting fraud and lessons from the recent scandals. Social Research, 75, 4. p.1205 (34). Retrieved June 16, 2011, from Academic OneFile via Gale:
Information on the financial statement can offer an overview of a company’s performance over the past fiscal year. However, gaining crucial investment insights requires financial manipulation that yields financial ratios.
Throughout the years, the news covered stories of corporate scandals involving accounting unethical practices. These unethical corporate acts had a tremendous negative impact on these company’s stockholders, investors, employees and the whole U.S. economy. Most of these scandals would have been prevented, if the independent audits of these companies were conducted in an ethical manner. With this in mind, two corporate scandals will be the subjects of further review to understand that an auditor might encounter ethical dilemmas, if independence and objectivity are not part of the audit process.
Accounting ethics has been difficult to control as accountants and auditors must keep in mind the interest of the public while that they remain employed by the company they are auditing. The accountants should take into account how to best apply accounting standards when company faces issues related financial loss. The role of accountant is crucial to society. They serve as financial reporters to owe their primary constraint to public interest. The information provided is critical in aiding managers, investors and others in making crucial economic decisions. An accountant is responsible for any fraudulent financial reporting. Some examples of fraudulent reporting are:
In today’s day and age, there is a lot of news that is related to corporate accounting fraud as companies intentionally manipulate their financial statements to show a better picture of their financial health. The objective of financial reporting is to provide financial information about a company to its various stakeholders such as investors and creditors so that these stakeholders can make decisions accordingly. Companies can show a better image of their financial well being by providing misleading information. This can be done by omitting material information from the books or deceitful appropriation of assets such as inventory theft, payroll fraud, check forgery or embezzlement. Fraudulent financial reporting will have an effect on the
...e financial reports and statements are correct. This auditing will be conducted by auditing department of the organization, even may be done by an independent auditor who is not part of the organization, and sometimes public officials are elected. In case of unmatched consequences the organization need to give explanation on the misrepresentation of wrong statements. Auditors purpose is then to ensure that the misrepresentations are corrected, then maintain accurate, reliable financial documents and statements.
There has a certain situation that will occur this opportunity such as monitoring of management is not effective, complex organisation structure, and internal control components are deficient. In Cendant case, the CUC made various adjustments to incorporate the misstatement into the general ledgers and this causes the opportunity to fraud happens.
As per paragraph 42 AASB 108, an entity shall correct material prior period errors retrospectively by restating the comparative amounts for the prior period(s) in which the error occurred, or if the error occurred before the earliest prior period presented, restating the opening balances of assets, liabilities and equity for the earliest prior period presented. In other words, the effect is to restate the current year’s financial statements as if the error had never occurred. The discovery of any prior period errors are excluded from current period’s profit or loss, but will be shown or hidden in retained earnings. It could be argued that this gives incentives to managers for using prior period corrections as a form of earnings management because it allows them to manipulate current earnings.