Avoiding Another Enron : The Role of the External Auditor in Financial Regulation and Supervision

Ojo, Marianne (2006): Avoiding Another Enron : The Role of the External Auditor in Financial Regulation and Supervision.

Abstract

Following the collapse of Enron, many questions have been raised as to why the UK has avoided its Enron. Many commentators have considered whether this is due to the fact that the UK's system of financial regulation relies more on a principles based system, which promotes more fairness in its application as opposed to a rules based system. However, the crucial role played by auditors in financial reporting and the system of financial regulation and supervision have been overlooked to an extent. In view of a spate of financial scandals such as those of Enron, Worldcom, Tyco etc, the US Congress acted swiftly by enacting the Sarbanes Oxley Act on July 30 2002 with the aim of protecting investors and restoring their confidence in the financial system. Amongst the provisions within the Sarbanes Oxley Act, the prohibition of non-audit services by auditors providing audits at that particular time, is a main feature of the Act. This provision not only highlights the importance of the role of the external auditor, but also emphasizes the fact that safeguards are essential in order to prevent that role from being abused. Much as there are lessons which could be learned from the supervisory approaches adopted by various jurisdictions, there are also considerations on whether these jurisdictions could benefit from the measures implemented by US regulators and accounting bodies in the aftermath of Enron.

• Item Type: MPRA Paper
• Language: English
• Keywords: Enron; collapse; auditors
• Subjects: M - Business Administration and Business Economics ; Marketing ; Accounting ; Personnel Economics > M4 - Accounting and Auditing > M42 - Auditing

References

Beattie V., Fearnley S. August 2002 'Auditor Independence and Non audit services : A Literature Review' see <http://www.icaew.co.uk/publicassets/00/00/03/64/0000036464.PDF>

De Espinosa Abarca ML 2004 'The Need for Substantive Regulation on Investor Protection and Corporate Governance in Europe : Does Europe Need a Sarbanes-Oxley?' Journal of International Banking Law and Regulation

Dewing P and Russell P O The Role of Auditors, Reporting Accountants and Skilled Persons in UK Finewinancial Services Supervision Institute of Chartered Accountants of Scotland

“ Enron : The real scandal” Jan 2002 The Economist <http://www.economist.com/displaystory.cfm?story_id=940091>

Federation des Experts Comptables Europeens April 2002 “Enforcement Mechanisms in Europe” A Preliminary Investigation of Oversight Systems

Financial Reporting Council Annual Report 2004/2005 Financial Reporting Council Annual report 2005/2006

Godfrey J. and Langfield-Smith I 1995 'Regulatory Capture in the Globalisation of Accounting Standards' WPG 04-08

Grant P ( 2005 a ) 'Auditors' liability wishes in company law bill' Accountancy Age 17 March Grant P ( 2005 b ) ' Bill could mean jail for innocent auditors' Accountancy Age 2 June Grant P ( 2005 c) 'Auditors to get proportionate liability' Accountancy Age 18 July Grant P (2005 d ) 'A bit of a liability' Accountancy Age 28 July Grant P ( 2005 e )'Investors fear liability cap by the back door ' Accountancy Age 28 July Grant P ( 2005 f ) 'Watchdog urged to lead on liability' Accountancy Age 25 August Grant P (2005 g ) 'Reform means audit fees should fall : minister' Accountancy Age 11 November

Greenspan A “Our banking history” <http://www.federalreserve.gov/Boarddocs/speeches/1998/19980502.htm> Greenspan A May 1997 Testimony before the Committee on Banking and Financial Services, US House of Representatives

Hitchins J, .Hogg M and Mallett D 2001 'Banking : A Regulatory Accounting and Auditing Guide' PricewaterhouseCoopers

House of Commons Select Committee on Treasury Minutes of Evidence; 2001 Appendix 8; Memorandum from the Chartered Institute of Public Finance and Accountancy

House of Commons Select Treasury Committee, 2001/2002 Further memorandum submitted by Professor Prem Sikka 'The Institutionalisation of Audit Failures : Some Observations'

House of Commons Select Committee on Treasury; April 2002 Examination of Witnesses : Mr Michael Groom, Mr Peter Wyman, Mr David Bishop, Mr Roger Adams, Mr Bruce Epsley and Mr Richard Mallett

House of Commons , Select Committee on Treasury, June 10 2002 Minutes of Evidence on the inquiry into the arrangements for financial regulation of public limited companies in the United Kingdom

Huepkes E, Quintyn M and Taylor M “The Accountability of Financial Sector Supervisors : Principles and Practice” IMF Working Paper

Jopson P 2006 'Accounting Standards : Deadline on Sarbanes Oxley Closing ' Financial Times Kershaw D 2005 'Evading Enron: Taking Principles Too Seriously In Accounting Regulation' Modern Law Review Lastra R ' 1999 Banking Regulation in the 1990s' Journal of International Banking Law Issue 2

“National Banks and the Dual Banking System” September 2003 Comptroller of the Currency pg 3 < http://www.occ.treas.gov/DualBanking.pdf> Newsreporters 'The year that was 2005 ' ( 2005) Accountancy Age 15 December

'Offsite – Surveillance Systems' ' < http://www.fdic.gov/bank/historical/history/vol2/panel2.pdf>

Perrin S 'Duty Bound' 2005 Financial Director 24 November

Polizatto V January 1990 'Prudential Regulation and Banking Supervision : Building an Institutional Framework for Banks' World Bank Working Paper Review of the Regulatory Regime of the Accountancy Profession, Report to the Secretary of State for Trade and Industry, see   www.dti.gov.uk/cld/post_enron.htm. Scott H S , Wallison PJ “ Statement of the Shadow Financial Regulatory Committee on Federal Preemption for Financial Services Firms , Paper presented at the 42nd Annual Conference on Bank Structure and Competition, Federal Reserve Bank of Chicago, May 18-19 2006

Singh D 2003 'The role of third parties in banking regulation and supervision' Journal of International Banking Regulation Volume 4 No 3

SAS 120 Revised : Consideration of Law and Regulations

See SAS 620 Revised : The Auditor's Right and Duty to report to regulators in the financial sector

The Role of External Auditors in Financial Services Supervision, 2000 Report by PricewaterhouseCoopers Financial Services Regulatory Consulting Group

Vieten HR (1997) Banking Regulation in Britain and Germany compared : capital ratios, external audit and internal controls

Wilmarth A Jnr “The OCC's Preemption Rules Exceed the Agency's Authority and Present a Serious Threat to the Dual Banking System and Consumer Protection” Annual Review of Banking and Financial Law, Volume 23 pp 225-364 2004. Also see “Public Hearing on Preemption Petition : Public Debate on the Health of the Dual Banking System is essential “ <http://www.fdic.gov/news/conferences/agency/public_allison_summ.html> last visited 19th June 2006