Право /12. Предпринимательское и банковское право

 

Нечухаева Олеся Владимировна

Аспирантка кафедры предпринимательского права
Московского государственного юридического университета
имени О.Е. Кутафина (МГЮА)

Nechukhaeva O.V.

Moscow State University of Law by the name O.E. Kutafin (MSLA), Russia

 

Auditors` reports to users of financial statements and to the management in the United States and the United Kingdom and Northern Ireland

 

The auditor`s report is a formal opinion, or disclaimer thereof, issued by either an internal auditor or an independent external auditor as a result of an internal or external audit or evaluation performed on a legal entity or subdivision thereof (called an ‘auditee’). The report is subsequently provided to a ‘user’ (such as an individual, a group of persons, a company, a government, or even the general public, among others) as an assurance service in order for the user to make decisions based on the results of the audit [1].

Auditor`s report is a culminating phase of audit and communicates to shareholders, and other users of the entity`s financial statements, and includes the auditor`s opinion as to whether or not financial statements give a true and fair view of their company`s financial position and meet the statutory requirements.

In the United Kingdom and Northern Ireland conducting auditing is regulated by the following acts:

·                        Companies Act 2006;

·                        Internal Standard on Auditing (ISA) 260 (Redrafted): Communication with those Charged with Governance (IFAC, 2007);

·                        Internal Standard on Auditing (ISA) 265 (Redrafted): Communication Deficiencies in Internal Control (IFAC, 2007);

·                        Internal Standard on Auditing (ISA) 700 (Redrafted): Forming an Opinion and Reporting on Financial Statements (IFAC, June 2008)

·                        Internal Standard on Auditing (ISA) 705 (Redrafted): Modifications to the Opinion in the Independent Auditor`s Report (IFAC, June 2008);

·                        Internal Standard on Auditing (ISA) 706 (Redrafted): Emphasis of Matter Paragraphs and Other Matter(s) Paragraphs in the Independent Auditor`s Report (IFAC, June 2008).

Auditors in the USA comply with auditing guidance issued by the American Institute of Certified Public Accountants (AICPA), the Public Company Accounting Oversight Board (PCAOB), and the International Auditing and Assurance Standards Board (IAASB).

In 2004 the AICA`s Auditing Standards Board (ASB) developed a plan to converge U.S. generally accepted auditing standards (GAAS) with the International Standards on Auditing (ISAs). The ASB`s plan also included avoiding unnecessary conflict with PCAOB Auditing Standards (ASs). As part of its project, the ASB began redrafting all of the auditing section in Codification of Statements on Auditing Standards (i.e., GAAS) and converging its standards with the ISAs [2]. The ASB expects that nearly all ISA requirements will also be requirements of U.S. However, the ASB has noted that some differences between its new standards and those of both the IAASB and the PCAOB are necessary because of legal, regulatory, and other considerations. The project is expected to be finished on the 12th of December 2012 [3, P.13].

We can see the tendency of adopting or incorporating ISA by the USA with reserving its specific characteristics.

According to the IAASB the USA are not the only country, adopting ISA. Over 100 countries are using or are in the process of adopting or incorporating International standards on Auditing (ISAs), issued by the IAASB, into their national auditing standards or using them as a basis for preparing national auditing standards. ISAs are intended for use in all audits — publicly traded companies, private business of all sizes and government entities at all levels [4].

There are basically two types of audit report the United Kingdom and Northern Ireland:

·                        An unmodified (or unqualified) report. In order to express an unmodified (or unqualified) audit opinion, the auditor should gather and evaluate appropriate audit evidence on which to base a conclusion as to whether the auditee`s financial statements have been prepared using appropriate accounting policies which have been consistently applied, estimated amounts in the financial statements are reasonable, the amounts and disclosures in the financial statements are presented so as to enable users to gain a proper understanding of the entity`s financial position, profit or loss, and cash flow, the financial statement are free from material misstatements;

·                        A modified report.

Modified reports may be classified as containing:

·                        A qualified (or an “except for”) opinion. The auditor shall express a qualified opinion when he/she, having obtained sufficient appropriate audit evidence, concludes that misstatements, individually or in the aggregate, are material, but not pervasive, to the financial statements. Or he/she is unable to obtain sufficient appropriate audit evidence on which to base the opinion, but the auditor concludes that the possible effects on the financial statements of undetected misstatements, if any, could be material but not pervasive;

·                        An adverse opinion. The auditor shall express an adverse opinion when he/she, having obtained sufficient appropriate audit evidence, concludes that misstatements, individually or in the aggregate, are both material and pervasive to the financial statements;

·                        A disclaimer of opinion. The auditor shall disclaim an opinion when the auditor is unable to obtain sufficient appropriate audit evidence on which to base the opinion, and the auditor concludes that possible on the financial statements of undetected misstatements, if any, could be both material and pervasive.

We can underline that common basis for expressing these types of opinion are following:

·                        The auditor considers that the financial statements are not free from material misstatements;

·                        The auditor can`t obtain sufficient appropriate audit evidence.

ISA 705 (Redrafted) Modifications to the Opinion in the Independent Auditor`s Report contain a table, illustrating how the auditor`s judgment about the nature of the matter giving rise to the modification, and pervasiveness of its effects or possible effects on the financial statements, affects the type of opinion to be expressed [5].

 

Nature of Matter Giving Rise
to the Modification

Auditor`s Judgment about the Pervasiveness of the Effects or Possible Effects on the Financial Statements

Material but Not Pervasive

Material and Pervasive

Financial Statements are materially misstated

Qualified opinion

Adverse opinion

Inability to obtain sufficient appropriate audit evidence

Qualified opinion

Disclaimer of opinion

There are five basic types of financial statement auditing reports in the USA [3, P.868]:

1.                     Standard unqualified report;

2.                     Unqualified report with an explanatory paragraph – the explanatory paragraph may explain the following:

·                        A justified departure from generally accepted accounting principles (GAAP);

·                        Inconsistent application of GAAP;

·                        Substantial doubt about the client being a going concern;

·                        The emphasis of some matter, such as unusually important subsequent events, risks, or uncertainties associated with contingencies or significant estimates;

·                        Reference to other auditors;

3.                     Qualified report because of:

·                        A material unjustified departure from GAAP;

·                        Inadequate disclosure;

·                        A scope limitation;

4.                     Adverse report because of:

·                        A pervasive and material unjustified departure from GAAP;

·                        Lack of important disclosures;

5.                     Disclaimer of opinion report because the auditor either lacked independence or was unable to obtain sufficient evidence to form an opinion on the overall fairness of the financial statements, which may occur because of:

·                        A scope limitation;

·                        Substantial doubt about the client being a going concern;

·                        The CPA firm not being engaged to perform an audit.

The general classifications of auditor`s reports in the United Kingdom and Northern Ireland and in the USA are very similar, but they also have distinguishes such as unqualified report with an explanatory paragraph in the USA as an independent type of auditor`s report and different bases of expressing determined type of auditor`s report such as departures from GAAP in the USA and misstatements (i.e., the information suggested to be in there is financial statement is not actually what is written in there) in the United Kingdom and Northern Ireland.

According to my opinion the tendency of adopting or incorporating ISAs by the USA will result in gradual reduction of distinctions in the US and the United Kingdom and Northern Ireland auditing practice.

We can see a similar way in Russia auditing practice. The first step has been ISAs adoption and edition of Federal Standards on Auditing on their basis. And now there are some attempts of finding a way of ISAs application directly.


BIBLIOGRAPHY

1.     Academic Dictionaries and Encyclopedias // http://en.academic.ru/dic.nsf/enwiki/750144#cite_note-fundamental-0

2.     http://www.aicpa.org/RESEARCH/STANDARDS/AUDITATTEST/ASB/Pages/AuditingStandardsBoard.aspx

3.     Gambling Aundrey A., Rittenberg Larry E., Johnstone Karla M.. Auditing. Canada, 2012.

4.     http://www.icai.org/resource_file/7492CFN-IAASB_Public_Member_2009.pdf

5.     Internal Standard on Auditing (ISA) 705 (Redrafted): Modifications to the Opinion in the Independent Auditor`s Report // http://www.slideshare.net/guest4a971d/isa-705-modifications-to-the-opinion-in-the-independent-auditors-report-en-ingles

6.     Ershova I.V., Ershov A.A. Legal regulation of audit in the Russian Federation. M., 2011.

7.     Porter Brenda, Simon Jon, Hatherly David. Principles of External Auditing. Croydon, 2011.