Isa 250 consideration of laws and regulations in an audit of financial statements

Definition

Non-compliance – Acts of omission or commission by the entity, either intentional or unintentional, which are contrary to the prevailing laws or regulations. Such acts include transactions entered into by, or in the name of, the entity, or on its behalf, by those charged with governance, management or employees. Non-compliance does not include personal misconduct (unrelated to the business activities of the entity) by those charged with governance, management or employees of the entity.

The Auditor’s Consideration of Compliance with Laws and Regulations

Along with obtaining the understanding entity and its environment the auditor shall obtain an understanding of the following;

  • The legal and regulatory framework applicable to the entity and the industry or sector in which the entity operates; and
  • How the entity is complying with that framework.

In case of determination of material amounts and disclosures in the financial statements the auditor shall require to determine the direct effect of law and regulation. For this purpose the auditor shall require to obtain sufficient audit evidence to confirm about compliance with relevant provision of the above law and regulation.

In case of non-compliance to the law and regulation that materially affect the financial statements. The auditor shall perform the following procedures.

  • For the confirmation of compliance to law and regulation by the entity the auditor shall inquire the management and those charged with governance
  • The auditor shall obtain confirmation about the licensing or information from regulatory authority.

At last the auditor shall ask for written representation from management and where applicable from Those charged with Governance (TCWG).

 Audit Procedures When Non-Compliance Is Identified or Suspected

If the auditor gets inform about the non-compliance with the relevant law and regulation or he suspects about non-compliance with the relevant law and regulation then the auditor shall obtain;

  • An understanding of the nature of the act and the circumstances in which it has occurred; and
  • Further information to evaluate the possible effect on the financial statements.

This matter of non-compliance with relevant law and regulation shall be discussed by the auditor with the management and where appropriate Those charged with Governance (TCWG). If the above authority fails to provide sufficient appropriate information, then conclude that non-compliance materially affect the financial statement. In such a case the auditor will require legal advice.

 Reporting of Identified or Suspected Non-Compliance

The auditor shall report the identified or suspected non-compliance to those charged with governance only if they are not involved in the management of the entity. This discussion will be made during the course of audit. If the get information the TCWG involved in the management then the matter will be discussed with audit committee or supervisory board if exist otherwise legal advice will be needed.

The auditor shall express qualified opinion or adverse opinion in his report in case of non-compliance that materially affect the financial statement.

 Documentation

The audit documentation shall include about the non-compliance with the relevant law and regulation This matter will be included in audit documentation by the auditor after making discussion with management and Those charged with Governance (TCWG).

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ISA 250 (REDRAFTED) CONSIDERATION OF LAWS AND REGULATIONS IN AN AUDIT OF FINANCIAL STATEMENTS

ISA 250 (redrafted) stipulates the auditor’s responsibility to consider laws and regulations pertinent to an audit client in an audit of their financial statements.

Some laws and regulations have a direct effect on the financial statements (for example, in the UK, the Companies Act 2006 has a direct effect on the financial statements). Other laws and regulations do not have a direct effect on the financial statements but may instead have a direct effect on how the entity conducts its business. An example of such a law could be the Health and Safety at Work Act in the UK. Other industries may operate in heavily regulated industries such as banks. [ISA250.2]

The auditor needs to consider laws and regulations pertinent to the client because a breach in such may result in fines or other consequences which may have a material effect on the financial statements.

Responsibility for ensuring that the entity complies with all laws and regulations applicable to it rests with management and those charged with governance. The auditor’s responsibility is to identify any non-compliance of laws and regulations which may result in material misstatement within the financial statements. The auditor does not have a responsibility to detect non-compliance with laws and regulations, and whether an act constitutes non-compliance is a matter for a court of law to determine. [ISA250.3]

In recognition that ...

What is required by ISA 240 at the evaluate and conclude stage of an audit?

ISA 240.47 requires that if the auditor has concluded that the presumption that there is a risk of material misstatement due to fraud related to revenue recognition is not applicable in the circumstances of the engagement, the reasons for that conclusion be included in the audit documentation.

What are overall objectives of an auditor as per ISA 200?

The objective of an audit of financial statements is to enable the auditor to express an opinion2 whether the financial statements are prepared, in all material respects, in accordance with an applicable financial reporting framework.

What does ISA 700 say about the interpretation of an audit opinion?

The overall objective of an audit is to allow an external auditor to form an independent opinion on the financial statements and to conclude whether, or not, they present fairly, in all material respects, the state of the entity's affairs as at the reporting date.

What are the five requirements of ISA 200?

Ethical Requirements Relating to an Audit of Financial Statements..
Professional Skepticism..
Professional Judgment..
Sufficient Appropriate Audit Evidence and Audit Risk..
Conduct of an Audit in Accordance with ISAs..