independence threats & safeguards

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10/06/2020 1 INDEPENDENCE THREATS & SAFEGUARDS ICAI CODE OF ETHICS Sairam Natarajan, CFE, IRMCert | June 2020

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Page 1: INDEPENDENCE THREATS & SAFEGUARDS

10/06/2020

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INDEPENDENCE THREATS & SAFEGUARDS

ICAI CODE OF ETHICS

Sairam Natarajan, CFE, IRMCert | June 2020

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Agenda

■ Fundamental Principles

■ What is Independence?

■ Managing Perceptions

■ Exercise of Professional Judgement

■ Reasonable and Informed Third

Party Test

■ Questions

2

■ Threats to

Independence

■ Addressing Threats

■ Case study

■ Things to think about

■ Questions

■ Additional resources

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Fundamental Principles

■ Integrity: being straight-forward & honest

■ Objectivity: Free from bias, conflict of interest or undue influence

■ Professional Competence and due care: maintains professional

knowledge and skill at the level required

■ Confidentiality: Non-disclosure of client information and/or personally

identifiable information

■ Professional Behaviour: compliance with relevant laws and regulations

and avoiding actions which discredit the profession.

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What is Independence?

■ Independence of mind

The state of mind that permits the expression of a conclusion without

being affected by influences that compromise professional judgment,

thereby allowing an individual to act with integrity, and exercise

objectivity and professional skepticism.

■ Independence in appearance

The avoidance of facts and circumstances that are so significant that a

reasonable and informed third party would be likely to conclude that a

firm’s or an audit or assurance team member’s integrity, objectivity or

professional skepticism has been compromised.

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Managing Perceptions

Independence in appearance is difficult to manage but you can do this by:

■ Exercising professional judgment (or skepticism)

■ Remaining alert to changes in facts and circumstances

■ Using reasonable and informed third party test

NOT DOCUMENTED IS NOT DONE

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Exercise of Professional Judgment

Matters to consider Examples

There is reason to be concerned that potentially

relevant information might be missing from the facts

and circumstances known to the accountant

Do you know whether you/your firm provides any

non-assurance services to your assurance

clients?

There is an inconsistency between the known facts

and circumstances and the accountant’s

expectations

Does the client expect you to represent them at

the tax tribunal when you are aware of the

potential advocacy issues?

There is a need to consult with others with relevant

expertise or experience

Given your relationships with your assurance

client, do you need to consult someone else in

your firm/the regulator/an ethics professional?

The accountant’s own preconception or bias might

be affecting the accountant’s exercise of

professional judgment

In the above example, could your relationships

affect or be perceived as having affected your

professional judgement?

There might be other reasonable conclusions that

could be reached from the available information

Is it possible that a regulator or an informed

investor might reach a different conclusion?

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Reasonable and Informed Third Party

The reasonable and informed third party test is a consideration by the

professional accountant about whether the same conclusions would

likely be reached by another party. Such consideration is made from the

perspective of a reasonable and informed third party, who weighs all the

relevant facts and circumstances that the accountant knows, or could

reasonably be expected to know, at the time the conclusions are made.

The reasonable and informed third party does not need to be an

accountant, but would possess the relevant knowledge and experience to

understand and evaluate the appropriateness of the accountant’s

conclusions in an impartial manner.

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Threats to Independence

■ Self-interest threat

■ Self-review threat

■ Advocacy threat

■ Familiarity threat

■ Intimidation threat

A particular scenario might create more than one threat

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Threats to Independence

Self-interest threat

The threat that a financial or other interest will inappropriately influence

a professional accountant’s judgment or behaviour

e.g. income from other services provided by the auditor (other than ones

disallowed by the Act) affects how far the auditor may be influenced (or

perceived as such) by the management.

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Threats to Independence

Self-review threat

The threat that a professional accountant will not appropriately evaluate

the results of a previous judgment made; or an activity performed by the

accountant, or by another individual within the accountant’s firm or

employing organization, on which the accountant will rely when forming

a judgment as part of performing a current activity

e.g. auditor assists with preparation of the financial statements for ABC

Company while also serving as the auditor for ABC Company

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Threats to Independence

Advocacy threat

The threat that a professional accountant will promote a client’s or

employing organization’s position to the point that the accountant’s

objectivity is compromised

e.g. advocating or negotiating on behalf of client in resolving disputes

with third parties

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Threats to Independence

Familiarity threat

The threat that due to a long or close relationship with a client, or

employing organization, a professional accountant will be too

sympathetic to their interests or too accepting of their work

e.g. auditing same client for numerous years or having a close

relationship with director or officer

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Threats to Independence

Intimidation threat

The threat that a professional accountant will be deterred from acting objectively because of actual or perceived pressures, including attempts to exercise undue influence over the accountant

e.g. being threatened with dismissal as auditor of client or being pressured to reduce extent of work below what is required in an attempt to reduce fees

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Threats to Independence

Factors Relevant in Evaluating the Level of Threats

■ Specific factors

– whether client is a public interest entity (PIE)

– qualitative as well as quantitative factors relevant to the facts and

circumstances

– the combined effect of multiple threats

In your firms, have you agreed to treat certain clients or categories of

entities as PIEs? 16

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Threats to Independence

Factors Relevant in Evaluating the Level of Threats

■ General factors

– Corporate governance procedures including role of Those

Charged With Governance

– Educational, training and experience of professionals

– Effective complaint systems which enable the professional

accountant and the general public to draw attention to unethical

behaviour

– Monitoring and disciplinary procedures

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Threats to Independence

Consideration of New Information or

Changes in Facts and Circumstances

Do these:

■ Impact the level of a threat

■ Affect the accountant’s conclusions

about whether safeguards applied

continue to be appropriate to

address identified threats

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Addressing Threats

Independence Financial

relationships

Business relationships

Non-audit services

Gifts, entertainment and hospitality

Auditor/partner rotation

Employment relationships

Actual or threatened

litigation

Fee matters

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Eliminating the

circumstance

Applying safeguards

Declining or ending

professional activity

Addressing Threats • Disposing off a financial

interest

• Changing the

partner/employee

working on an

engagement

• Partner rotation

• Using professionals who are not audit

team members to perform the

service

• Additional review of audit and/or non-

audit work by an internal or external

professional

• Regular independent internal or

external quality reviews

• Ensuring that client management

makes all judgments and decisions

• Declining or ending

business relationship

• Declining or ending

non-audit engagement

• Declining or ending

audit engagement

Examples only. Not an exhaustive list. 20

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Case study Facts and circumstances Independence issues Threats to consider Potential safeguards to

consider

• PIE audit client, in scope for NFRA

• Advisory Services for the conversion

of the financial statements of the

company to converge to IndAS

• Provide advice, recommendation,

and observation on the impact

analysis report, accounting policies,

the draft opening Balance Sheet,

specific advances classification and

measurement, review of valuations

for specific securities

• Expected credit loss (maximum two

types of model) for retail and

corporate

• Advice in preparation of financial

statements

Engagement Partner: Ms. ABC (Ms. ABC

is also involved in audit engagement)

• Does the engagement involve

design and implementation of

financial information system?

• To what extent will the results of

the work be subject to review as

part of audit procedures?

• Do the services fall in the

purview of accounting and book-

keeping services?

• Does Ms. ABC’s involvement in

audit engagement create

familiarity threat?

• Has the service been approved

by the audit committee?

• Self-review

• Familiarity

Self-review

• For PIE audits, any services

in the nature of design and

implementation of a

financial system is

PROHIBITED.

• No safeguards can be put

in place.

Familiarity

• Using different partners

with separate reporting

lines for the provision of

non-assurance services

• Approval by audit

committee before

accepting the engagement

AQR report by NFRA 21

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Case study Facts and circumstances Independence issues Threats to

consider

Potential safeguards to consider

• Private audit client

• ERP implementation assistance

for indirect tax laws

• International tax services in

relation to EPC, Royalty, FTS,

analysis of constitution of PE etc.

• TP Planning, Study &

Compliances

• Representation before

adjudication/appellate

authorities

In addition,

• Audit partner’s brother-in-law is

the finance director at the client

• Each year, the finance director

takes the audit partner and his

wife (BIL and sister) to the IPL

final in the hospitality box on

company cost

• Will the ERP implementation

services including designing or

implementation of the ERP or is it

limited to assistance and support?

• Are the amounts in dispute with

tax authorities material to the

client?

• As part of the international tax

services involve calculation of tax

values that may have a direct

effect on the financial

statements?

• Does Mr. XYZ’s long association

with the client create familiarity

threats?

• Does the audit partner’s

relationship create familiarity

threats?

• Does the hospitality offered by the

finance director cause a

perception of undue influence?

• Self-review

• Advocacy

• Self-interest

• Familiarity

Self-review

• Using different partners with

separate reporting lines for the

provision of non-assurance

services

• Ensuring that management

assigns the responsibility to an

informed and competence

employee (preferably senior

management) to make all

management decisions

Advocacy

• Any services where the

amounts are material is

PROHIBITED.

Self-interest and familiarity:

• Audit partner rotation

• Declining further gifts and

hospitality

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Things to think about

■ What is your independence policy? Does your firm audit any PIEs? If yes,

does your policy sufficiently address independence risks with regard to PIE

audits?

■ What is your firm’s approach to managing independence risk? Who do you

consult for complex/technical independence risk matters?

■ How often do your firm’s partners and employees undergo independence

and ethics training? When was the last time?

■ To what extent have you invested in people, systems and tools to enable

your firm identify, assess, manage, document and report independence

risk matters? Is this consistent with the size and scale of your firm’s and

your clients’ operations?

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Additional Resources

■ ICAI Code of Ethics, 2019

■ Section 144, Companies Act 2013

■ AQR Report, NFRA

■ Business of Ethics

If you have any questions on topics discusses, please write to me at

[email protected] or WhatsApp me on +44 7788 383686

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DISCLAIMER: The materials in this guidance are provided for general information only.

Changes in government or regulatory advisory and/or circumstances may impact the

accuracy and validity of the information. Business of Ethics is not responsible for any

errors or omissions, or for any action or decision taken as a result of using the guidance.

You should consult a professional adviser for legal or other advice where appropriate.

© Business of Ethics

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