Ojo, Marianne (2009): Limiting audit firms’ liability: A step in the right direction? (Proposals for a new audit liability regime in Europe revisited).
Preview |
PDF
MPRA_paper_14878.pdf Download (245kB) | Preview |
Abstract
This paper considers the responses of six audit firms, to the four options presented by the European Commission in reforming auditors’ liability. Whilst agreeing with a limitation in audit firms’ liability, it does not consider the means of limitation, as provided by the European Commission in its Recommendation, to be the best means of limiting auditors’ liability. In proposing a means whereby not only a limitation of audit firms’ liability can be achieved, but also one which would serve as a better means of facilitating harmonisation, the paper makes reference to the variants presented in the author’s paper “Proposals For a New Audit Liability Regime”, namely a combination of the first and third options. Further, the wide scope permitted by the Commission in leaving it to Member States to decide upon the appropriate method for limiting liability and the means of limiting liability, as the paper will seek to illustrate, do not present the best opportunities in realising the goal of harmonisation.
Item Type: | MPRA Paper |
---|---|
Original Title: | Limiting audit firms’ liability: A step in the right direction? (Proposals for a new audit liability regime in Europe revisited) |
Language: | English |
Keywords: | Audit;Liability;Proposals;Europe |
Subjects: | K - Law and Economics > K2 - Regulation and Business Law M - Business Administration and Business Economics ; Marketing ; Accounting ; Personnel Economics > M4 - Accounting and Auditing > M42 - Auditing |
Item ID: | 14878 |
Depositing User: | Dr Marianne Ojo |
Date Deposited: | 29 Apr 2009 07:13 |
Last Modified: | 30 Sep 2019 14:19 |
References: | Caparo v Dickman (1990) 1 All ER HL 568 Companies Act 2006 Cunningham, ’Too Big to Fail: Moral Hazard in Auditing and the Need to Restructure the Industry Before it Unravels’ Columbia Law Review, Vol. 106, 2006; Boston College Law School Research Paper No. 108 <http://ssrn.com/abstract=928482> pg 33 Cunningham, ‘The Financial Statement Insurance Alternative to Auditor Liability’ (2004) 52 UCLA Law Review at page 413 DIRECTIVE 2006/43/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC Doralt and others, ‘Auditors’ Liability and Its Impact On The European Financial Markets’ (2008) 67 Cambridge Law Journal 66 European Commission London Economics Report November 2006 EHG Huepkes, ' The External Auditor and the Bank Supervisor: “ Sherlock Holmes and Doctor Watson?” (2005) 7 (1/2) Journal of Banking Regulation 10 House of Commons Select Treasury Committee 'Further Memorandum Submitted by Professor Prem Sikka 'The Institutionalisation of Audit Failures : Some Observations' p 21 B Köhler, ‘Audit Market Failure’ (2009) Economic Affairs, Vol 26 (3) at 67- 69 M Ojo 'Proposals For a New Audit Liability Regime’, ‘The Role of the External Auditor in Bank Regulation and Supervision: A Comparative Analysis’ 2008 Verlag DM http://circa.europa.eu/Public/irc/markt/markt_consultations/library?l=/abschlussprfung/abschlussprfern&vm=detailed&sb=Title http://ec.europa.eu/internal_market/auditing/docs/liability/impact_assessment_en.pdf http://www.thelawyer.com/cgi-bin/item.cgi?id=120697&d=122&h=24&f=46 |
URI: | https://mpra.ub.uni-muenchen.de/id/eprint/14878 |