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1 Information Sessions 2007 2 • Welcome • Overview of the implementation of Auditing Profession Act • Department reports: – Education, Training and professional development • CPD • Accreditation – Standards • Ethics • Auditing • Reportable Irregularities – Practice Review • Firm reviews • Engagement reviews – Legal and Registry • New processes – Operations • Finance • Resources • Companies Bill – High level comments • Questions and Answers 3 Our Vision Our vision is to be an internationally recognised and respected regulator of the auditing profession, relevant to the South African environment. 4 Our Mission Our mission is to endeavour to protect the financial interests of the South African public and international investors in South Africa through the effective and appropriate regulation of audits conducted by registered auditors, in accordance with internationally recognised standards and processes. 5 Our Objectives and Goals In line with our legislative mandate, the IRBA objectives are to create the framework and principles to contribute to the protection of the public who rely on the services of registered auditors and to support registered auditors who carry out their duties competently, fearlessly and in good faith. 6 Our Objectives and Goals (continued) The goal is to help create an ethical, value-driven financial sector that encourages investment, confidence and promotes sound business practices. This is done by: •Developing and maintaining auditing standards which are internationally comparable; •Developing and maintaining ethical standards which are internationally comparable; •Providing an appropriate framework for the education and training of properly qualified auditors as well as their ongoing competence 7 Our Objectives and Goals (continued) • Inspecting and reviewing the work of registered auditors and their practices to monitor their compliance with the professional standards; • Investigating and taking appropriate action against registered auditors in respect of non-compliance with standards and improper conduct; • Conducting our business in an economically efficient and effective manner, in accordance with the relevant regulatory frameworks; • Working to ensure the sustainability of the profession. 8 Our Values As overall custodians of the Auditing Profession in South Africa, the IRBA acknowledges the importance of the mandate assigned to it by Parliament and all its members and staff ascribe to the following core values: • • • • • • Independence Integrity Objectivity Commitment Transparency Accountability 9 Our Key Success Factors • • • • • • Good Governance Effective communication Continuous learning Knowledge sharing Good management practices Adherence to quality principles 10 Our Regulatory Philosophy Our philosophy is to regulate the auditing profession in the best interest of the public and the local and international investor community, at the same time recognising the importance of a sustainable and viable auditing profession in South Africa. We adopt a “Prudential Approach” to regulation which implies having an agreed set of principles and values supported by, well developed and internationally recognised standards and clear laws and regulations. Enforcement is considered the last option, when all other reasonable corrective measures have failed. 11 IRBA 2007/8 Board Members • • • • • • • • • • Dines Gihwala (Chairman) Linda De Vries (Deputy Chairman) Wynand Du Plessis Deepak Nagar Cathryn Emslie Gill Marcus Jacob Modise Themba Zakuza Grathel Motau Sipho Sono 12 Education, Training & Professional Development Department (ETP) 13 Continuing Professional Development (CPD) CPD Policy • Objectives of CPD • Prescriptions – Audit relevant, verifiable – Minimum hours – Interim arrangement Reporting Monitoring of CPD 14 Accreditation Institutional and programme accreditation Institutional accreditation requirements: • CPD; • Discipline & ethical conduct of members; • Financial & operational viability; • Register of members; • Representivity in the profession; and • Technical support & guidance. 15 Accreditation Programme accreditation requirements: • Recognised academic programme; • Recognised core assessment programme; • Recognised education programme; and • Recognised training programme. 16 Standards Committee for Auditor Ethics (CFAE) 17 Background The Auditing Profession Act, Act 26 of 2005 establishes the CFAE In terms of section 21(2), the CFAE must assist the Board in: (a) determining what constitutes improper conduct by developing rules & guidelines for ethics, incl. a code of conduct; (b) interacting with professional bodies & other stakeholders with an interest in the profession; & (c) providing advice to RA’s on matters of professional ethics and conduct. 18 Objective To approve the development and maintenance of internationally comparable ethics standards for auditors that promote investment and as a consequence employment in the republic. 19 Composition • Three (3) persons registered as auditors with the Board; (U. Schackerman, F. Ntombela & G. Paris), • Three (3) persons representing users of audits; (N. van Graan, V. Jack, E. Kieswetter & J. Kuzwayo), • One (1) person representing an exchange which is the holder of a stock exchange licence issued under the Securities Services Act, 36 of 2004; (S. Davies), and • One advocate or attorney with at least 10 years’ experience in the practice of law (Vacant). 20 Constituencies of CFAE Members • • • • • • • • Ulrich Schäckermann – Partner: Grant Thornton Funeka Ntombela – Partner: PricewaterhouseCoopers Gerard Paris – Partner: Alpha Milliard Chartered Accountants Nasiema van Graan – Executive Assistant: Old Mutual Investment Group (Pty) Ltd Vuyo Jack – CEO: Empowerdex Edward Kieswetter – Chief Operations Officer: South African Revenue Service Jabu Kuzwayo – Head of Regulation: South African Reserve Bank Shaun Davies – General Manager – Surveillance: JSE Limited 21 Developing a Code of Ethics To: – Raise awareness of ethical behaviour. – Promote ethical behaviour and discourage unethical behaviour. – Facilitate social integration. – Provide guidance on ethical decision-making. – Reduce interventions from government. – Minimise legal action. – Preserve the integrity of the profession. – Protect stakeholders and public interests The IRBA Code will serve as a reference for enforcement where there is a breach of its provisions. 22 Either an Aspirational format • • • • • • • Values based High discretion Vague Not easily enforceable Integrity approach Internal commitment Promote ethical behaviour Or a Directional format • • • • • • • Rules based Low discretion Specific Enforceable Compliance approach External enforcement Prevent unethical conduct 23 Tone of the Code • Relational – best suited where there is an environment of trust. • Transformational – When the objective is to change behaviour. • Informational – Mostly applicable to professional environments. • Instructional - When prompt action is needed. 24 Other projects • • • • Guidance on Network Firms Preparation of Comment letters to IESBA of IFAC Research on the establishment of an Ethics hotline Participation in Clarity project for Ethics Standards 25 Communication through education Ethics will be communicated in the following ways: • Awareness programmes • Through the media • Ethics helpline and technical support • Technical Newsletters (IRBA News) 26 International Liaison • The IRBA CEO serves on the International Ethics Standards Board for Auditors (IESBA) of IFAC. • This representation will provide a valuable link to provide comments into the international standard setting process. • The CFAE will comment on all EDs issued by the IESBA through the comment process as outlined in the Working Procedures. 27 Challenges • Whether the Code should be principles based or rules based. Suggestion: Principles based with additional guidance. • Whether the CFAE should rather adopt the IFAC Code instead of developing an entirely new one. Suggestion: Develop a new Code taking into consideration the IFAC Code and what other countries have done. • How to communicate ethics to RAs. 28 Challenges (continued) • • • • How to ensure compliance with the Standards. The view on multiple registration. How to include Ethics into curricula of HEIs. The format in which pronouncements on ethics will be issued. • The status of pronouncements on ethics. 29 Challenges (continued) • Determining the stakeholders which should be involved in the process to develop the Code. • How to draft the code using a principle – based approach. • Whether to include or exclude safeguards (to be considered with decision on whether the Code should be principles or rules – based). 30 Standards Committee for Auditing Standards (CFAS) 31 Background • The Auditing Profession Act, Act 26 of 2005 establishes the CFAS. • In terms of section 22(2), the CFAS must assist the Board to: – develop, maintain, adopt, issue or prescribe auditing pronouncements; – monitor developments by international standard-setting bodies; – promote and ensure the relevance of auditing pronouncements; – Prepare comment on international exposure drafts; – Nominate representatives to international committees. 32 Composition • • • • • • • • 5 persons registered as auditors with the Board 1 person with experience of business The incumbent of the OAG, or nominated by incumbent The incumbent of the Executive Officer of the FSB, or a person nominated by that incumbent 1 person with experience in teaching auditing at a HEI 1 person nominated by any stock exchange which is the holder of a stock exchange licence issued under the Securities Services Act, 36 of 2004; The Commissioner of SARS or a person nominated by the Commissioner The incumbent of the Registrar of Banks or a person nominated by that incumbent 33 Constituencies of CFAS Members Michael Bourne Frank Timmins Phillip Austin Sandy van Esch Keith Bowman Michiel Engelbrecht Derek Spavins Henk Heymans Ed Southey Jan van Schalkwyk Willemien de Jager Frans Prinsloo Jonas Makwakwa Madoda Petros Freda Evans Ernst & Young Grant Thornton (Chairman) Deloitte KPMG BDO Spencer Steward PricewaterhouseCoopers KPMG Probeta Webber Wentzel Bowens The Office of the Auditor-General FSB Nelson Mandela Metropolitan University SARS S.A. Reserve Bank JSE Ltd 34 Current CFAS projects • • • • Clarity Project RISC Other Guidance recently issued – – – – – Second Opinions Reportable Irregularities Donor Funding Illustrative Auditors’ Reports Access to auditors’ working papers 35 Challenges • • • • • • Managing the RI work load Recruiting suitable personnel Increase in projects Increase in RISC work programme Speed of change in standards and legislation Time commitment required from members 36 Standards Consultative Advisory Group (CAG) to the CFAS 37 Background The CAG is established as an independent advisory group to the CFAS, the auditing standard setting committee of the IRBA. 38 Objective To consult with the CFAS on matters relating to auditing pronouncements, ensure harmonisation with the activities of the IAASB of IFAC, proactively identify matters for the attention of the CFAS and enhance the transparency and accountability of the auditing standard setting function 39 Terms of Reference To consult with the CFAS regarding: • The CFAS work programme and agenda. • Prioritisation of CFAS projects. • Major technical issues. • CAG members’ view regarding other matters of relevance to the activities of the CFAS. 40 Composition • The CAG is broadly constituted, • comprising of members representative of those preparing audited financial statements, • regulators of various industries as well as people otherwise interested in audit issues. • Membership can be extended to an individual or an organisation • Members serve for a renewable period of three years. There is no limitation on the number of years for which a member may serve. • Membership is not limited to a specific number of organisations or individuals. 41 CAG Members • • • • • • • • • • • • Rick Cottrell: Director of Companies and Chairperson Suresh Kana: CFAS André Bezuidenhout: South African Reserve Bank (SARB) Bill Urmson: JSE Limited (JSE) Simpiwe Cele: Office of the Auditor General (OAG) Rob Barrow: Financial Services Board (FSB) Stephen Handler: Actuarial Society of South Africa (ASSA) Tony Dixon: Institute of Directors (IOD) Phil Sinnett: Institute for Public Finance and Auditing (IPFA) Veronica du Preez: Institute of Internal Auditors (IIA) Charl Kocks: Accounting Practices Board (APB) Linda de Beer (International CAG) 42 Challenges • Maintaining the balance between technical detail and strategic issues • Influencing international audit standard setting through international CAG 43 Practice Review 44 Inspection Committee • Comprises 11 people who serve on a voluntary basis for a maximum period of 6 years. • 4 Attest practitioners from big firms, • 3 attest practitioners from smaller firms, • 3 non-attest people and • 1 IRBA Board member. • Country wide representation. Their responsibilities include: – assessing the quality and consistency of review reports – determining the outcome of review findings on an anonymous basis 45 Review process • Schedule review date 8 weeks in advance. • Request pre-review information from practitioner/firm • Perform review of practitioner/firm • Discuss review findings with practitioner/firm (no third party attendance allowed) • Obtain comments from practitioner/firm on review findings 46 Review process (continued) • Prepare formal review report and make recommendation on review result in terms of rereview criteria • Perform review department consistency/quality control checks • Bill practitioner/firm for costs of review • Present formal review report to Inspection Committee on anonymous basis at quarterly meeting 47 Review process (continued) • Director Practice Review relays committee decision to practitioner/firm • Receive undertaking from practitioner/firm to implement corrective action • If practitioner/firm wish to appeal committee decision they have 45 calendar days from decision date to lodge written appeal which will be considered on anonymous basis at next quarterly committee meeting for final decision 48 Firm Reviews • Applies to audit firms who have listed clients including subsidiaries, associates, joint ventures. • 3 year cycle January 2006 – December 2008. • Review design of firms quality control system and assess effectiveness of implementation. • Quality control system elements are leadership responsibilities, ethical requirements, client acceptance and continuance, human resources, engagement performance, and monitoring. 49 Firm Reviews (continued) • 2 teams of four reviewers – 2 CA’s,1 lawyer,1 HR consultant – schedule 1 team per firm review • Big four audit firm networks – 9 weeks (R1,2m plus VAT) • Mid–tier audit firm networks – 5 weeks (R682k plus VAT) • Smaller audit firm networks – 12 days (R327k plus VAT) 50 Firm Reviews (continued) The firm reviews identified no significant systemic weakness in the overall systems of quality control operated by the Big Four audit firms. However, certain areas were identified where systems need to be improved in order to enhance audit quality. Key recommendations for improvement based on the principal findings of the firm reviews include: • Internal reviews are performed by the firms on a sample of completed audit engagements. It was found that internal reviews should emphasise the need for audit documentation; • Pre-issuance reviews are required on public interest entities prior to the signing of the audit opinion. It was found that the documentation of pre-issuance reviews needs to be improved; 51 Firm Reviews (continued) • Monitoring of gifts and hospitality is required for independence purposes. It was found that registers to record the provision and receipt of gifts and hospitality to and from clients needs to be addressed; • In deciding whether to accept a new client or to retain an existing client, firms are required to consider various factors. It was found that reportable irregularities were not being specifically addressed in the documentation on files; 52 Firm Reviews (continued) • Firms are required to have capable and competent staff and to this end performance appraisals are an important tool. It was found that performance appraisals of partners and staff need to be prepared timeously and to indicate both development needs and corrective action to be taken; • Firms are required to have sufficient staff with available time. It was found that training and annual leave was often cancelled by staff due to work pressure; • In order to ensure completeness and enable monitoring thereof, it was recommended that complaint logging systems need to be maintained. 53 Engagement reviews • • • • Applies to RAs issuing audit opinions. 3 year cycle if category A and/or B and C clients. 6 year cycle if exclusively category C clients. 6 year cycle = desk top reviews: reviewers based at our Johannesburg office, copy of files couriered to reviewers, telephonic discussion, cost saving of R2727 plus VAT per review. • Review compliance with professional standards in the performance of the attest function. 54 Engagement reviews (continued) • Review audits of financial statements, attorney trust accounts, estate agents trust accounts. • Assess sufficiency and appropriateness of audit evidence obtained and appropriateness of key audit judgments made. • Schedule 1 reviewer (CA) per review. • 3 year cycle = 2-4 days (R17k - R31k plus VAT). • 6 year cycle = 1 day (R8k plus VAT). 55 Engagement reviews (continued) • Practitioners have four business days from the date of the review in which to submit comments on the findings of the review. • If the comments refer to specific working papers, copies of these working papers must be attached to the comments for the reviewers to refer to. • Comments received after the deadline will not be taken in to account. 56 Engagement reviews (continued) • Areas identified on engagement reviews as not having sufficient and appropriate audit evidence documented were: • • • • • • • • • • • • Ethical considerations Fraud considerations including testing of journal entries Testing the design and implementation of internal controls Going concern considerations Subsequent event considerations Unadjusted audit difference considerations Analytical review considerations Deferred tax considerations Considerations on the use of the work of experts Testing of provisions Testing of impairments Testing of carrying value. 57 Legal 58 Key Functions • The Directorate • The Investigating Process and the Committees 59 Current Legislation • The Auditing Profession Act 26 of 2005 – Promulgated on 1 April 2006. This year will focus on promoting possible amendments • New Disciplinary Rules – E-mail communication sent on 16 July 2007 and available on IRBA website. 60 Current Trends • Trend in reported cases – Attorney Trust Accounts, Body Corporates • Malicious reporting – Reporting Irregularity • • • • Shelf Companies Independence Poaching Holding Out/ Fronting 61 Registry 62 Renewal of registration for individuals • Annual Return. • Fees, Practice Review affidavit, FICA questionnaire. 63 Licences to Practise • Issued annually after cut off date for payment of fees and submission of documents. • Attest and non-attest licences. 64 Firm Registrations • Required in terms of APA • Implemented during second half of 2007 • Firm registration fee 65 Common problems • Paying annual fees, but not submitting documentation. • Submitting incorrect Practice Review affidavits. • Not sending in original documents. 66 Operations 67 Finance – Funding Model • In addition to the above S 25 of the new Act also sets out various possible funding sources for the IRBA. • During the past year, the IRBA received about 30% funding of its total budget from National Treasury, specifically to assist with the implementation of the APA. • The balance of our funding comes mainly from the profession by way of registration, licence and practice review fees. • However, it should be noted that this funding model is not in line with international best practice, which is to be substantially independent from the profession with regard to funding. • A sustainable long term funding model for the IRBA still needs to considered and approved by National Treasury. 68 Finance – Funding Model (continued) a) Substantially Government Funded This is the most common funding model adopted by Independent Audit Regulators internationally. Of the 22 Independent Audit Regulators participating at the IFIAR, the majority are funded mainly by their governments. Some of them levy registration fees for auditors or firms, but this comprises 5-10% of their total revenue. The balance is funded by government. 69 Finance – Funding Model (continued) b) Other models The US regulator (PCAOB), collects a very small amount of revenue from Registration fees (less than 5%), and in mainly funded by a regulatory levy imposed on all listed companies, based on the size of the Market Capitalisation. The Canadian regulator (CPAB) is fully funded via a levy which they impose on the audit fees charged by auditors of listed companies. The audit firm collects the levy from their client, and pays it over to the regulator. The UK regulator (FRC) have a shared responsibility model, where budget of the regulator is funded from a combination of a levy on listed companies (Business contribution), a contribution by the professional body which they recover on their own from the auditors (Profession contribution) and a contribution from their government (Government contribution). 70 Statement of Financial Performance Figures in rand Note(s) Revenue 2007 25,584,332 Sale of goods 281,631 Fees 11 25,302,701 Government grants 12 10,881,000 Investment income 13 555,263 Other income 10,208 37,030,803 Expenses 19 34,093,386 Net Surplus for the year 20 2,937,417 71 Statement of Financial Position Figures in rand Note(s) 2007 Assets Non-current assets Property, plant and equipment 2 5,142,526 Trade receivables 3 2,332,154 Other receivables 4 118,676 Loans receivables 5 61,900 Cash 6 4,870,474 Current assets 7,383,204 Total assests 12,525,730 72 Statement of Financial Position (continued) Figures in rand Note(s) 2007 Net assets and liabilities Net Assets Disciplinary reservers 4,412,580 Education fund 1,935,578 Accumulated fund 3,227,880 9,576,038 Liabilities Current liabilities Trade and other payables from exhange transactions 7 2,463,622 Provisions 8 486,070 2,949,692 Total net assests and liabilities 12,525,730 73 Other Operations Issues • Finding new accommodation • What to do with the current Maneo building • Implement new Information Management System • Developing EE Strategy for the IRBA • Developing and implementing an updated Performance Management System for IRBA staff • Ongoing PFMA compliance 74 Comments on Draft Companies Bill 75 THANKS FOR YOUR PARTICIPATION