Audit Independence : Its Importance to the External Auditor's Role in Banking Regulation and Supervision

Ojo, Marianne (2006): Audit Independence : Its Importance to the External Auditor's Role in Banking Regulation and Supervision.

Abstract

The role of the external auditor in the supervisory process requires standards such as independence,objectivity and integrity to be achieved. Even though the regulator and external auditor perform similar functions, namely the verification of financial statements, they serve particular interests. The regulator works towards safeguarding financial stability and investor interests. On the other hand, the external auditor serves the private interests of the shareholders of a company. The financial audit remains an important aspect of corporate governance that makes management accountable to shareholders for its stewardship of a company. The external auditor may however, have a commercial interest too. The debate surrounding the role of external auditors focusses in particular on auditor independence. A survey by the magazine “Financial Director” shows that the fees derived from audit clients in terms of non-audit services are significant in comparison with fees generated through auditing. Accounting firms sometimes engage in a practice called “low balling” whereby they set audit fees at less than the market rate and make up for the deficit by providing non audit services. As a result, some audit firms have commercial interests to protect too. There is concern that the auditor's interests to protect shareholders of a company and his commercial interests do not conflict with each other. Sufficient measures need to be in place to ensure that the external auditor's independence is not affected. Brussels proposed a new directive for auditors to try to prevent further scandals such as those of Enron and Parmalat. The new directive states that all firms listed on the stock market must have independent audit committees which will recommend an auditor for shareholder approval. It also states that auditors or audit partners must be rotated but does not mention the separation of auditors from consultancy work despite protests that there is a link to compromising the independence of auditors. However this may be because Brussels also shares the view that there is no evidence confirming correlation between levels of non-audit fees and audit failures and that as a result, sufficient safeguards are in place.

• Item Type: MPRA Paper
• Language: English
• Keywords: audit; independence; banking; supervision
• Subjects: M - Business Administration and Business Economics ; Marketing ; Accounting ; Personnel Economics > M4 - Accounting and Auditing

References

Ayres I and  Braithwaite J (1992) Responsive Regulation : Transcending the Deregulation Debate  ( New York : Oxford Union Press ) 115

Beattie V, .Fearnley S, Brandt R (2001) 'Behind closed doors : What company audit is really about' Institute of Chartered Accountants in England and Wales

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>

Bittlestone R, 'Now for the quake test' , November 2003 Financial Times, ; also see www.metapraxis.com/publications/business/quaketest.html

Caparo v Dickman (1990) 1 All ER 568-608;

Dasgupta K and Whelan N May 2005 'A Strategic Overview of the New Accountancy Regulations' Paper presented at the Institute of Advanced Legal Studies, Russell Square

“ 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

Hadjiemmanuil C (1995) Banking Regulation and the Bank of England (Lloyds of London Press )143

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 Keasy K and Wright M (1993) 'Issues in Corporate Accountability and Governance : An Editorial' Accounting and Business Research , 23 pp 291-303

Laffont J and Tirole J (1991) ' The politics of Government Decision Making : A Theory of Regulatory Capture' 106 Quarterly Journal of Economics pp 1089-1127.

Mogg J.F 1995 ' Internal Controls : The EC Response to BCCI' Internal Controls in Banking Edited by Ray Kinsella Oak Tree Press Dublin

Newsreporters 'The year that was 2005 ' ( 2005) Accountancy Age 15 December

Quinn B 1995 ' The Bank of England and the development of internal control systems' Internal Controls in Banking Edited by Ray Kinsella Oak Tree Press Dublin

Perrin S 'Duty Bound' 2005 Financial Director 24 November

Posner R (1974) 'Theories of economic regulation' 5 Bell Journal of Economics and Management Science pp 335-358

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. 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

Stigler G (1971) ' The theory of economic regulation' 2 Bell Journal of Economics and Management Science pp 3-21

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

Tomlinson H. 2004 'Brussels seeks to tighten audit rules' The Guardian March

Vieten HR (1997) Banking Regulation in Britain and Germany compared : capital ratios, external audit and internal controls 140