Week9-AuditInvestigation (1)

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    Audit Investigation

    Week 9

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    Introduction

    A more specialised assignment

    Usually undertaken for a specific purpose

    Governed only by the terms of referencemutually agreed between the parties to the

    contract

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    Investigations

    An enquiry commissioned by a client for a purpose

    Not part of the work of an auditor as auditor

    However, auditors are frequently asked to carry outinvestigations because auditors are trained in

    investigative techniques and are know to be

    independent and have integrity

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    Types of investigations

    Acquisition of companies Purchase of a business Prospective investment

    Incoming partners Prospective lending Fraud Losses arising from systems breakdown

    Investigations under Companies Act 1965 Back duty (tax evasion) Sponsorship of orchestral concerts The employment of a building contractor by a

    local authority

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    Clients

    Companies

    Individuals

    Lending Institutions Local Authorities

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    Stages of investigations

    1. Obtain precise written instructions fromthe client (letter of engagement)

    2. Professional etiquette3. Organising the investigation

    4. Background information5. Preliminary information6 The report outline7. The investigation proper

    8. Draft the report9. Discuss the report verbally10. Type or print the report and submit to client11. Further discussion or investigation

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    Acquisitions

    Client ask auditors to help him:

    a. Whether to buy or not

    b. If he is to buy, at what price and for

    what consideration

    detailed examination of accounts covering a

    period of 1 or more years & the subsequentadjustment & interpretation of those accounts

    in accordance with the purpose of the

    investigation

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    Stages for acquisitions

    Examine the financial statements

    - decide on number of years to be covered 3

    years ideal, since it enables current position

    (adjusted) to be studied in perspective- obtain copies of detailed accounts for each of

    the years to be examined

    - note any audit qualifications- consider any detailed info with supporting

    schedules & working papers

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    Stages for acquisitions (Contd.)

    Redraft the financial statements (make

    adjustments), taking into account:

    - past income & expenditure not applicable in the

    future/not relevant to the business- likely future income & expenditure

    - correct amounts of assets & liabilities.

    E.g. exclude intangibles.

    - note: adjustments should only be made ifgrounds for doing so are reasonably certain

    shortage of working capital, heavy reliance on

    expensive external finance, loss-making

    branches

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    Stages for acquisitions (Contd.)

    Establish the reliability of the accounts- consider possible manipulations to the

    accounts to cause the business to appearmore profitable than true position- overstated stocks- overstated sales- understated purchases- deferred expenditure- overstated assets- understated liabilities

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    Stages for acquisitions (Contd.)

    Commercial considerations, futureprospects & miscellaneous matters

    - analysis of sales success rate of diffproduct lines

    - present mgt policy to assess futureimpact, e.g. selling off of loss-makingbranches

    - tax position

    - staff loyalty- customer goodwill- length of current leases- expiry dates of major contracts

    - age/condition of physical stocks

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    Prospective lending

    Client may be asked to finance another company The borrower must have power to borrow Loan considerations:

    - strength/profitability revealed by past analysis

    of accounts- purpose of loan- adequacy of amount being sought to include

    a profitable margin to allow for contingencies,

    to allow for adequate working capital- nature/adequacy of underlying security (andease of realisation, if necessary), any priorcharges

    - proposed interest payment arrangements- period of repayment of principal sum

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    Prospective lending (Contd.)

    Viability of business concern- size of existing market & likelihood of

    success for new venture

    - quality of service/commodities offered incomparison to what is already available,as well as comparison of prices

    - availability of suitably located premises

    Financial considerations- personal guarantees given by companyspromoters

    - promoters past record of success

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    Companies Act 1965

    investigations

    Declared companies - Minister may declare that acompany be investigated if:

    - a prima facie case has been established for

    public/shareholders /creditors protection- where allegations of fraud/misfeasance/misconduct

    by persons connected with formation/management of

    company for public interest

    - any other reason for public interest- in the case of foreign country, appropriate authority

    of another country has requested it

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    Companies Act 1965

    investigations

    At direction of Minister under s.197:

    - for a company having share capital

    - on application of 1/5

    in nominal value of debentures issued

    - for a company not having share capital

    - on application of >1/5 in number of persons onregister of members

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    Companies Act 1965

    investigations

    Investigation by resolution of company (not a declaredcompany) inspector shall report his opinion in ageneral meeting

    Appointment of Inspectors to investigate (usually

    includes an accountant) Procedure of inquiry- may investigate into the affairs of related corporations

    (with Ministers consent)

    - every officer/agent of company shall be required toproduce all books/documents in his custody & shall giveall assistance to inspector

    - officer/agent of company may be required to appear for

    examination on oath or affirmation

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    Companies Act 1965

    investigations

    Procedure of inquiry (Contd.)

    - inspector may take possession of all books/documents

    - non-compliance of officer/agent Court may inquire &

    punish- no person who is/formerly was an officer/agent can

    refuse to answer on the grounds that the answer will

    incriminate him

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    Back duty investigations

    Occur if Citizens have been known to fail to

    declare some income or to understate their

    income from some particular source in making

    their tax returns

    IRB then will insist on a back duty

    investigation

    Investigators will be from the IRBtaxinvestigators will usually demand to view

    audit files & tax payers accounts & records

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    Back duty investigations (Contd.)

    Special points which arise : The past period to be covered (years) The apparent cash available for living

    compared with the taxpayers actual standard

    of living. The accumulation of capital compared with

    the known sources for such accumulation The existence of other sources of income and

    capital must be investigated (gambling,legacies and gifts) The results of an investigation may be that

    undeclared income comes to light such as

    payment of tax on the income and negotiatedenalt