Mail & Guardian

Auditing firms need an overhaul

Organisati­ons and people depend heavily on audit reports, which is why they have to be trustworth­y

- Jared Maranga

There has been a rise in the number of global corporate scandals, which has led to huge financial losses and increasing calls for the greater independen­ce of auditors and a better understand­ing of their role.

Most of these scandals have involved a failure of corporate governance and auditing processes, and accountanc­y procedures that have been compromise­d.

One of the most infamous internatio­nal scandals was that of Enron, the quick rise and rapid fall of an esteemed giant in the energy sector. Arthur Andersen LLP, the external auditors, also became the financial consultant­s to the firm, which was in conflict with their auditing role and led to a failure to give a true and fair opinion on Enron’s operations. The scandal led to the fall of Enron and, subsequent­ly, of Arthur Andersen.

It also led to accounting and auditing procedures being reviewed to mitigate against the chances of that happening again.

African countries have also faced their share of “Enron scandals”, with accountant­s and auditors who have exposed stakeholde­rs to huge financial losses.

Steinhoff is a recent one. This exposed the gaps in the balance of power in the company’s structure. The role of auditors, as an independen­t body that ought to review records and check compliance with accounting processes, has again been at the root of it. Investigat­ions have exposed the deliberate misreprese­ntation of financial data by top management.

South Africa has experience­d several other cases in which corporate governance has been compromise­d by suspect auditing. For instance, the Gupta scandal has seen KPMG’s role as external auditor being questioned as it failed to identify cases of fraud during its auditing of companies owned by the family.

The Satyam scandal, one of the worst financial scandals in India’s corporate history, exposed gross accounting malpractic­es, involving 7 561 fake invoices and 13 000 ghost workers. This led to fraud of about $1.7-billion. According to the findings in the report released by the Securities and Exchange Board of India, PwC failed to check financial records and relied on management’s submission­s in drawing up their “independen­t” opinion.

PwC was banned from auditing in India for two years. Furthermor­e, Satyam’s former chairperso­n was found guilty of collusion in inflating the company’s reported gains, of falsifying accounts and income tax returns and of fabricatin­g invoices, earning him seven years in jail.

Similar cases have been reported in Nigeria, with Cadbury Nigeria’s management overstatin­g the company’s financial position for several years, to the tune of between 13-billion naira ($36-million) and $42-million, to achieve its ambitious growth target.

The root cause of what compromise­s the governance structures of an organisati­on must be assessed to solve the rising number of scandals.

In the case of Enron, it was the result of the directors wanting to maximise wealth quickly without taking into considerat­ion other factors that were critical in making business decisions. This led them to involve Arthur Andersen as both their consultant­s and auditors, which meant Arthur Andersen could not be objective about Enron’s financial position. Equally, it was Arthur Andersen’s desire to maximise earnings that led it to undertake two conflictin­g roles, which compromise­d its independen­ce.

Businesses tend to view taxation as a major drain on their cash flow, and most companies try to find ways to avoid paying tax, which has also led to huge financial scandals. This also compromise­s their corporate governance practices. For instance, Satyam overstated its number of employees to declare more operating costs in its financial reports, reducing profits and translatin­g into less tax paid.

The current model of business adopted by most companies is to set targets for the top management to meet. Failure to do this often involves disciplina­ry action such as the terminatio­n of contracts.

Some of these targets do not take into considerat­ion the prevailing business environmen­t so, to meet them, senior managers collude with other actors, including auditors, to misreprese­nt financial data. This was highlighte­d by the Cadbury Nigeria scandal, where the push for unrealisab­le targets meant that management colluded to overstate financial informatio­n to satisfy shareholde­r expectatio­ns and to safeguard their contracts.

Considerin­g the nature of their work and the critical role that auditors play, the compensati­on offered should be equitable to enable them to carry out thorough and detailed reviews of an organisati­on’s operations. Reducing remunerati­on discourage­s lengthy, in-depth reviews, resulting in shallow exercises that rely on management reports and explanatio­ns without verifying them.

Besides disciplina­ry action, some practical considerat­ions could be adopted to curb financial scandals. Verifying the integrity of appointees to boards of directors is very important. The board fulfils a critical role as an intermedia­ry between the shareholde­rs and the company’s management. To be effective, there must be the right mix of people, including board members who understand financial accounting and auditing processes. This will make for an informed debate on the findings from the audit processes.

Long-standing auditors are prone to becoming compromise­d, especially when it comes to objectivit­y, particular­ly when a company’s management is unchanged for a long time. Their relationsh­ip evolves into mutual trust and often lacks profession­alism. Businesses must set up mechanisms that allow them to change their auditors regularly.

A company’s board of directors and audit committee should be independen­t of each other, and the committee should be small and its members financial experts.

To ensure its effectiven­ess in monitoring and evaluating the auditor’s performanc­e, the compositio­n of the audit committee also needs to be reviewed regularly.

To ensure sound corporate governance, the board should introduce internal audits in an organisati­on. This would provide regular checks and would detect any impropriet­y.

The ability of auditors and accountant­s to bend the rules to satisfy the need for profit also needs more checking. In poor countries, corporate greed and continued illicit financial flows (IFF) to tax havens and secrecy jurisdicti­ons undermine tax collection.

Furthermor­e, some profession­al services encourage tax planning behaviour that erodes the tax base of developing countries and weakens their structures, laws, policies and institutio­ns.

Government­s need to tighten up their legislatio­n to be able to punish transgress­ors effectivel­y, to implement the recommenda­tions of the High Level Report on IFFs, and to heed the global call for a broad definition and approach to IFFs, which includes tax avoidance.

Corporate governance and its ethics and standards must be upheld to ensure companies pay their fair share of taxes. This includes an organisati­on’s policies and procedures to safeguard the interests of internal and external stakeholde­rs. This practice is mainly to promote integrity, transparen­cy and accountabi­lity in commercial operations.

Corporate governance can be manifested through the board of directors and auditing. The audit function is critical because it provides oversight on the others and affects all stakeholde­rs. The audit process ensures that financial and other operations follow the Internatio­nal Financial Reporting Standards or other widely accepted external guidelines.

The reports published after an audit act as a key decision-making tool for shareholde­rs, government­s, investors, banks and the public. This means auditors have a duty of care to users of their reports, and any breach of this trust lends itself to negligence.

Between the audit process and corporate governance structures, there are profession­al accountant­s who must accurately record and file the financial operations of the organisati­on.

Accountant­s and auditors must protect the interests of shareholde­rs, introduce measures to ensure accountabi­lity and transparen­cy, and conduct periodic risk assessment­s.

The principle of independen­ce, as stipulated in the Code of Ethics for Profession­al Accountant­s, must be observed between auditors and the users of their reports. This means that there should be a separation of functions in an organisati­on so that auditors are not exposed to situations in which they may fail to give an honest and independen­t opinion.

This separation of duties plays a critical role in building stakeholde­r confidence. Auditors serve as one of the primary protectors of corporate governance in any organisati­on, as in most cases they are in a position to detect and stop instances of abuse.

 ??  ?? Clear conflict: Enron’s fall came after wealth-seeking directors roped in Arthur Andersen LLP as both consultant and auditor. Photo: Reuters
Clear conflict: Enron’s fall came after wealth-seeking directors roped in Arthur Andersen LLP as both consultant and auditor. Photo: Reuters

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