- 15 Marks
Question
In a recent seminar you attended, it was explained that although auditors can incur civil liability under various statutes, it is far more likely that they will incur liability for negligence under common law. The paper presenter mentioned cases against auditors which were in this area. You also learnt that auditors must be fully aware of the extent of their responsibilities, together with steps they must take to minimize the danger claims arising from professional negligence.
Required:
a. Discuss the extent of auditors’ responsibilities to shareholders and other stakeholders during the course of their normal professional engagement. (8 Marks)
b. Outline FIVE steps that audit firms can take to minimize the danger of claims against them. (5 Marks)
c. Itemize TWO steps that must be taken to minimize the danger of claims when the company is deemed to have been distressed. (2 Marks)
(Total 15 Marks)
Answer
a. Auditors’ Responsibilities to Shareholders and Other Stakeholders:
- Duty of Care to Shareholders: Auditors are responsible for exercising reasonable care, skill, and diligence in conducting the audit. They must ensure that the financial statements provide a true and fair view of the company’s financial position, and this duty extends to shareholders who rely on these statements to make informed decisions.
- Duty to Detect Material Misstatements: Auditors are responsible for identifying material misstatements due to fraud or error in financial statements. Shareholders, investors, and other stakeholders rely on the accuracy of these statements for their investment and financial decisions.
- Responsibility to Ensure Compliance: Auditors must ensure that the company complies with relevant laws, regulations, and accounting standards. Non-compliance can result in material misstatements, and auditors have a duty to report such violations, which shareholders and other stakeholders may rely on.
- Independence and Objectivity: Auditors must maintain independence from the company they are auditing to avoid conflicts of interest. Shareholders, creditors, and other stakeholders trust the auditor to be impartial and objective in their findings.
- Reporting to the Board and Management: Auditors must communicate their findings to the board of directors and management and ensure that they take appropriate actions to address any issues identified in the audit. The interests of stakeholders, including shareholders, are dependent on management addressing these findings.
- Duty to Detect Fraud: While auditors are not responsible for detecting all fraud, they must assess the risk of fraud and design audit procedures to identify any material fraud that could impact stakeholders’ decisions, particularly shareholders and creditors.
- Public Interest: Auditors also owe a duty to the public and regulatory bodies, ensuring that the financial statements comply with the applicable legal framework and provide a transparent representation of the company’s financial health.
b. Five Steps Audit Firms Can Take to Minimize the Danger of Claims Against Them:
- Maintaining Professional Competence and Due Care: Audit firms should invest in continuous professional education and training to ensure their auditors are up-to-date with the latest accounting standards, audit techniques, and legal requirements, thus reducing the risk of errors or omissions.
- Clear Engagement Letters: Audit firms should issue clear engagement letters that define the scope of the audit, responsibilities of both parties, and the limitations of the audit, to avoid misunderstandings and miscommunications with clients.
- Comprehensive Risk Management Procedures: Firms should implement strong internal controls and risk management procedures, including detailed audit planning, supervision, and review of work, to ensure high-quality audits and minimize the risk of negligence.
- Independence and Objectivity: Ensuring that auditors maintain independence and objectivity throughout the audit process is crucial in reducing the risk of conflicts of interest and potential claims of bias or negligence.
- Adequate Documentation: Firms should ensure that all audit work is thoroughly documented, including evidence of procedures performed, conclusions reached, and discussions with management. This documentation can be used as a defense in case of claims of negligence.
c. Two Steps to Minimize the Danger of Claims in a Distressed Company:
- Detailed Assessment of Going Concern: When auditing a distressed company, auditors must perform a thorough assessment of the company’s ability to continue as a going concern. This includes reviewing financial projections, assessing liquidity, and evaluating management’s plans for recovery or restructuring.
- Enhanced Communication with Stakeholders: In a distressed company, auditors must maintain clear communication with management, the board of directors, and other stakeholders regarding the company’s financial difficulties and the auditor’s concerns, ensuring that all parties are aware of the situation and mitigating any potential risks of miscommunication.
- Tags: Audit Firms, Auditor's responsibility, Legal Liability, Professional Negligence
- Level: Level 3
- Topic: Auditor’s Legal Liability
- Series: NOV 2012
- Uploader: Dotse