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Sarbanes Oxley Act Summary
Sarbanes Oxley Act Summary
Surbanes-oxley act
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PCAOB inspects registered public accounting firms to assess compliance with the Sarbanes -Oxley Act , the rules of the Board, the rules of the Securities and Exchange Commission , and professional standards in relation to the performance of the firm , issuance of audit reports, and related matters other issuers , brokers and dealers .
The Act requires the Board to carry out these inspections annually to companies that regularly provide audit reports for more than 100 issuers and at least every three years for companies that regularly provide audit reports for 100 or less emitters .
As required by law, the PCAOB prepares a written report of each inspection and provides , in detail appropriate for the SEC and certain state regulatory agencies . The Council also makes parts of the reports available to the public ; However, certain information is restricted from public disclosure , or disclosure is delayed, as required by law.
In reviewing the audits, the inspection team identified matters that it considered be deficiencies. These deficiencies included failures by the firm to identify or appropriately address errors in the issuer's application of GAAP, including, in some cases, errors that appeared likely to be material to the financial statements of the issuer. Furthermore, deficiencies included failures by the firm to perform, or to perform sufficiently, certain necessary audit procedures.
ISSUES/FAILINGS FOUND BY PCAOB:
The inspection procedure carried out by PCAOB included reviews of several audits conducted by the firm. The issues or failing being found are as follows,
In this audit, the Firm failed in the following respects to obtain sufficient competent corroborating evidence to support its audit opinion -
The firm did not ...
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...ity control can not do enough to ensure that accounting and auditing issues are evaluated with professional skepticism as envisaged in the auditing standards. The inspection team noted that in several cases the engagement teams ' to important areas of the audit consisted of statements or suggestions opinions, findings of inquiries of management or management analyses. The failure of the audited company to appropriately challenge management representations occurred in several areas, even when the firm evaluates the estimates of (a) administration and ( b ) the material misstatements of the financial statements and how users of financial statements interpret these misstatements. Engagement teams involved did not check the representations properly, for instance, reviewing relevant source documentation, consulting external parties, carrying out their own analyses.
Results of the preliminary investigations are indicative of both systemic and discrete failures, the most prominent being in regards to:
The specific obligations in this case would include monitor corporate governance activities and compliance with organization policies, and assess audit committee effectiveness and compliance with regulations
Overall, the work performed to test the relevant financial statement assertions and the evidence gathered has led our audit team to conclude that the confirmation issues encountered may signify that a potential for material misstatement exists. For example, the existence of a line of credit in one of the Financial institutions indicates that we need to perform further investigation to assess the reliability of the findings.
Auditors do not provide audit opinions for different levels of assurance. Therefore, auditors consider providing more or less assurance when modifying evidence for engagement risk to be unnecessary. However, auditors should be professionally responsible to accumulate additional evidence, assign more experienced personnel, and review the audit more thoroughly, particularly when a client poses a higher than normal degree of engagement risk. The auditor should also modify evidence for engagement risk when high legal exposure and other potential actions affecting the auditor
The SOX act section 404 requires that the auditor assess the company’s management of internal controls and report on it. The act requires that a company include a copy of the internal controls in the year end annual report. All financial statements must be certified by a company’s management. (Coustan, 2004)
The audit committee must certify that the company’s auditors are independent. The audit committee must approve all professional services provided to the company by its independent auditors and ensure that auditors do not provide to the company any of the specifically prohibited services identified by SOX, such as bookkeeping services. The audit committee must receive and analyze key items of information from the independent auditors. These items of information include auditors’ analysis of critical accounting policies adopted by the
The PCAOB has the authorization to provide rules governing the following areas; ethics, independence, and quality control for any registered accounting firm...
The board is held accountable for assessing, approving and checking the Group’s risk management systems, assessment of the adequacy of the internal compliance, policies and procedures and control mechanisms. Furthermore, board also approving
The International Organization for Standardization – ISO9001 – defines an audit as “A systematic and independent examination whether quality activities and related results comply with planned arrangements and whether these arrangements are implemented effectively and are suitable to achieve objectives”.1
The oversight responsibilities of the board, the CAE lacking of expertise or broad understanding of financial controls and responsibilities, and the understaffed internal audit functions lacking of independence and direct access to the board of directors contributed to the absence of internal controls. To begin with, the board should be retrained to achieve financial literacy to review financial reporting. Other than attending formal meetings, the board of directors should be more involved with the management. For the Audit Committee, the two members who were recruited as acquaintances to Brennahan need be replaced with experts who are more sufficiently knowledgeable about accounting rules beyond merely “financially literate”. Furthermore, the internal audit functions need to expand with different expertise commensurate with the expanded activities of the organization, testing financial reporting rather than internal controls from an operational perspective. The CAE should be more independent and proactive to execute audit plans, instead of following orders from the CFO, and initiate a direct and efficient communication between internal audit and audit
Moreover, the auditors had looked out the attitude or rationalisation of the company to justify the fraudulent action. The top management may behalf on their own interest but not the behalf of shareholders to maintain or raise the stock price of the company. In Cendant case, the CUC’s management allegedly inflated earnings by recording increasing revenue and reducing expense to meet expectation.
The fundamental duty of an external financial auditor is to form and express an opinion on whether the reporting entity’s financial statements are prepared in accordance with the relevant financial reporting framework. In discharging this duty, the auditor must exercise “reasonable skill, care and caution” (Lopes, J. in Kingston Cotton Mill Co 1896) as reflected in current legal and professional requirements.
Auditing has been the backbone of the complicated business world and has always changed with the times. As the business world grew strong, auditors’ roles grew more important. The auditors’ job became more difficult as the accounting principles changed. It also became easier with the use of internal controls, which introduced the need for testing, not a complete audit. Scandals and stock market crashes made auditors aware of deficiencies in auditing, and the auditing community was always quick to fix those deficiencies. Computers played an important role of changing the way audits were performed and also brought along some difficulties.
Overall, the company is having ineffective controls regarding different departments and in the whole organization. An effective internal audit department should be established within the organization which should test the effectiveness of these controls on regular basis and make it sure that all controls are working effectively and efficiently with the different departments of the organization. Also the Internal auditor should implement the most effective processes and measures to prevent and detect the fraud, corruption and non compliance with the laws and regulations in the organization. Establishment of internal audit committee would be helpful in this regard which comprises of executive and non executive directors.
Audit is a process to evaluate and review the accounts and financial statement objectively. We can divide it into internal auditors and external auditors. Internal auditors have a inner knowledge of business process. Auditor has access to the much confidential information and all levels of management. But they may lose their judgement and they are not acceptable by the shareholder. “The overall objective of the external auditors is to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to report on the financial statements in acco...