Regulations

Corporate sustainability push a $35 trillion dollar conundrum for auditors

Feb 22, 2022

Reliable checks on companies' sustainability credentials will take years to develop, auditors say, meaning investors pouring trillions of dollars into green funds remain at greater risk of being hoodwinked.

Given the demand for investments that support environmental, social and governance (ESG) goals, the pressure is on to ensure companies aren't exaggerating or misrepresenting the benefits of their activities, a phenomenon known as "greenwashing".

Review the full article on the Reuters website.

IESBA takes firm action to respond to transformative effects of technology

Feb 18, 2022

On February 18, 2022, the International Ethics Standards Board for Accountants (IESBA) released for public comment proposed revisions to the "International Code of Ethics for Professional Accountants (including International Independence Standards)".

The Exposure Draft Proposed Technology-related Revisions to the Code seeks to enhance the Code’s robustness and expand its relevance in an environment being reshaped by rapid technological advancements. The proposed amendments will guide the ethical mindset and behavior of professional accountants in business and in public practice as they deal with changes brought by technology in their work processes and the content of the services they provide.

Among other matters, the proposals:

  • Draw special attention to the professional competence and confidentiality imperatives of the digital age. 
  • Address the ethical dimension of professional accountants’ reliance on, or use of, the output of technology in carrying out their work. 
  • Further enhance considerations relating to threats from the use of technology as well as considerations relating to complex circumstances in applying the Code’s conceptual framework. 
  • Strengthen and clarify the International Independence Standards (IIS) with respect to technology-related non-assurance services (NAS) firms may provide to their audit clients or technology-related business relationships they may enter into with their audit clients.
  • Explicitly acknowledge that the IIS that apply to assurance engagements are applicable to assurance engagements on non-financial information, for example, environmental, social, and governance (ESG) disclosures.

The proposed revisions build on the role and mindset changes that became effective last December, and the revised NAS provisions that will become effective in December 2022.

Review the press release and proposed revisions on the IESBA's website.

IESBA Staff Releases FAQs on Revised Fee-related Provisions of IESBA Code

Jan 31, 2022

On January 31, 2022, the Staff of the International Ethics Standards Board for Accountants (IESBA) released a set of frequently asked questions (FAQs) on the recently revised fee-related provisions of The International Code of Ethics for Professional Accountants (including International Independence Standards) (the Code). The FAQs have been informed by the extensive discussions and consultations with a wide range of stakeholder groups and the IESBA’s own deliberations during the development and finalization of the standard.

The publication is designed to highlight, illustrate or explain aspects of the revised fee-related provisions in the Code and thereby assist in their proper application. It is intended to complement the Basis for Conclusions for the final standard and assist national standards setters, professional accountancy organizations, and professional accountants in public practice (including firms) as they adopt and/or implement the revised provisions. The publication is also intended to assist regulators and audit oversight bodies, the corporate governance community, investors, preparers, educational bodies or institutions, and other stakeholders in understanding the revised standard and its application.

Review the press release and FAQ on the IESBA's website.

IESBA Meeting Highlights: December 2021 Meetings

Dec 23, 2021

In December 2021, the In­ter­na­tional Ethics Stan­dards Board for Ac­coun­tants (IESBA) re-leased the high­lights sum­mary of its vir­tual meet­ings held on November 30 – December 16, 2021.

The Agenda items in­cluded:

  • Definitions of Listed Entity & PIE
  • Quality Management (QM)-related Conforming Amendments
  • En­gage­ment Team – Group Au­dits In­de­pen­dence
  • Technology Project
  • Technology Fact Finding and Thought Leadership
  • Tax Plan­ning & Re­lated Ser­vices
  • Benchmarking
  • Long Association Post-Implementation Review (LAPIR) (Phase 1)
  • Strategy & Work Plan (Update and Preliminary Considerations)
  • Next Meeting

Re­view the high­lights sum­mary and pod­cast on the IESBA's web­site.

Follow-up paper to IVSC paper on challenges to market value

Dec 01, 2021

The International Valuation Standards Council (IVSC) published a perspectives paper "Challenges to Market Value" in February 2021 that looked at the challenges in relation to the availability of market information in a pandemic world. A broad range of feedback was received in relation to the paper that has prompted the IVSC to publish a second paper in the series.

This second paper, Market Value: An Established Basis of Value, includes discussions on:

  • Price, cost, value and worth
  • How do we define what the ‘market’ is and how does this impact on market value?
  • What is the market value conceptual framework?
  • Is market value backward looking?
  • Are the ‘peaks’ and ‘troughs’ truly captured when using a market value premise?
  • How does the valuer utilize assumptions and special assumptions with market value?

Review the press release and perspectives paper on the IVSC's website.

Glass Lewis: 2022 Approach to ESG Initiatives

Nov 17, 2021

On November 15, 2021, Glass Lewis released its Policy Guidelines on ESG Initiatives. These Guidelines identify factors Glass Lewis considers when making its case-by-case recommendations on shareholder proposals and related initiatives.

Review the guidelines on Glass Lewis' website and a summary on the Corporate Counsel's website.

Glass Lewis: New 2022 Policy Updates Cover Board Diversity & Post-SPAC Governance

Nov 15, 2021

On November 15, 2021, Glass Lewis released its 2022 Proxy Voting Policy Guidelines. These Guidelines address how the proxy advisor approaches matters that affect votes on director elections, auditor ratification, executive pay, and governance structures.

Review the guidelines on Glass Lewis' website and a summary on the Corporate Counsel's website.

Cyber Oversight Effectiveness Development: A New Approach for Boards of Directors

Nov 10, 2021

Cyber Oversight Effectiveness Development (COED) is a new approach for building a board’s capabilities as it oversees cybersecurity risk and provides strategic leadership in this critical area.

Nearly every large public company board has made significant investments in cybersecurity, enhancing human capabilities in both management teams and boards and allocating major capital to secure their IT infrastructures. But we regularly hear from directors that these are no more than steps on a long journey. Even in a company where internal management of cyber risk appears strong, the board of directors can worry that its oversight may not be adequate—or that it has no reliable way to assess its adequacy or to compare its capabilities with those of boards of other firms.

COED seeks to address this gap. It is predicated on the belief that cyber risk often requires fundamentally different treatment than other risks, such as health and safety or fraud. Directors, executives, company secretaries, and others who care deeply about effective governance are the intended audience for this report and for the COED approach.

Review the publication on Tapestry Networks' website.

Flying blind: The glaring absence of climate risks in financial reporting

Nov 09, 2021

This report examines whether 107 publicly-listed carbon-intensive firms (and their auditors) considered material climate-related risks in financial reporting. At the same time the study also assesses whether investor concerns about Paris-alignment of assumptions and estimates have been addressed.

Despite significant financial risks faced from the climate crisis, and net-zero pledges made by many we found little evidence that companies or their auditors considered climate-related matters in the 2020 financial statements.

Review the press release and report on the Carbon Tracker's website.

Crisis in the C Suite: A 10-Step Plan

Nov 02, 2021

It’s an all-too-common occurrence. A senior executive is accused of wrongdoing ― sexual misconduct, bullying, financial fraud, a conflict of interest or other conduct posing a compliance or integrity concern. Suddenly, directors find themselves thrust into the center of a crisis, forced to make critical decisions on a short timeline, often in the glare of a public spotlight. It’s a time for clearheaded thinking and a game plan. Here’s a 10-point guide for directors for the first few, critical days.

Review the guide on Skadden's website.

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