Kingman Review 2018 Recommendations
1 Assignment Auditing
1.1 Kingman Review 2018
Audit and
regulation are presently receiving an unparalleled level of scrutiny: besides
Sir John Kingman’s Independent Inquiry two other significant studies are
underway. The
Competition and Markets Authority (CMA) has concluded its market assessment of
statutory audit services and released final recommendations on 18 April 2019 (Kingman,
2018).
There should be an independent regulator that is focused on the interests
of consumers of financial data and that has greatly enlarged powers and goals
to replace the FRC says the review.
New regulator ARGA is
recommended, and those who rely on it should dread it, while those who are
subject to its control should fear it (Kingman, 2018). This new regulator will be the audit, reporting,
and governance authority (ARGA). ARGA should follow the recommendations of the review:
·
The establishment of a system should
includes fines as well as a process for approving and registering audit
companies that perform work for public interest entities
·
Monitor audit work that is
required to be done;
·
Audit
Quality Reviews (AQRs) should be published after the completion of each audit
quality inspection report and rating;
·
As
a result, the Financial Reporting Council (FRC) should be granted more
authority to demand papers or information for a CRR, and to compel revisions in
accounting without the need for a court order;
·
New
powers to evaluate and publish conclusions from skilled person's evaluations
that are relevant to the strategic purpose of the organisation
·
Preventive
measures can range from notifying this same company of its concerns and
requiring the company to respond quickly and formally to (in its most serious
cases) going to recommend to stockholders that they consider changing the CEO,
CFO, chair or chair of the audit committee or rethink the payment of dividends;
·
Auditors
are obligated to notify the board of directors if they have doubts about the
financial viability of a company's audit.
·
Help
develop detailed plans for an effective enforcement government concerning PIEs,
which will hold to account and if required sanction all pertinent directors
(CEOs, CFOs, Chairs, and Audit Chairs) individually for just any failure to
discharge one‘s duties to start preparing and approve accurate corporate
reports, whether or not such executives happen to be auditors.
•
Kingman review advises replacing FRC with the newer, better regulator
According to Zhongming and Wei
(2022), a self-governing study of the Financial Reporting
Council (FRC) has suggested that it be substituted with an autonomous body controller
with "the interests of consumers of financial data, not producers,"
at its core (Redmond, 2020).
According to the examination chaired by Legal &
General chairman John Kingman, the new entity must be responsible to the assembly,
with a clear determination and objective, new control and new powers (Council, 2019a).
The government will "carry forward the
proposals set out in the study to replace the FRC with a new autonomous body
regulator with additional powers," according to Business Secretary Greg
Clark, who requested to lead review of Kingman of the FRC.
The Kingman
Review provided eighty three recommendations in all, counting placing the new group head of modifiable big audit firms,
abolishing self-regulation over groups of trade, and requiring quality of audit
and the company's financial reporting evaluations to be made available to the
public. "Serious consideration is given to its elimination if in its
impending altered form it cannot focus on 'outcomes and effectiveness' rather
than policy declarations,'" the assessment concluded, calling for a
"fundamental shift in approach."
As a result, the new regulator needed to
communicate with investors of UK, including together money directors and
advocates of end-investors, at a advanced level of seniority. Additionally, the
evaluation proposed that the Prudential Regulation Authority should take over
the regulation of an actuarial profession (La Torre, Dumay,
Rea, & Abhayawansa, 2020).
The
Financial Reporting Council (FRC) now serves as a joint regulator for
accountants, auditors, and actuaries. The governance of United Kingdom and
stewardship codes are also sent by this organisation. The prior was updated in
July, and the FRC planned to provide a new sustainability code for public
comment by the end of the year.
1.2
Auditor procurement
In addition to his examination of the FRC, Kingman was
also requested by the secretary of business to explore if
there was a basis for altering the procurement of audits, particularly for big
public interest firms (Council, 2019b).
A letter from Kingman to Clark stated
that "dramatic reform" in the appointment of business auditors was
warranted, but he advised the government to take a more "modest and
targeted approach" due to strong investor resistance.
1.3 Justifications of recommendations
The Kingman study recommends that AGRA implement the
firm's suggestions for monitoring audit work. In order to comprehend what's
going on and to challenge the businesses, and when appropriate, management, in
audit, highly experienced and qualified personnel are needed. These resources
can be costly, and their salaries may not be in line with Whitehall's norms. The abilities necessary
for this role are similar to those needed by HMRC, thus there may need to be
some alignment with their pay policy. A person's expulsion might also be
considered as a violation of that person's job and human rights if it prevents them
from practising in other areas of accounting unrelated to audit. An auditor who
does not exhibit dishonesty or lack of integrity should be stripped of his/her
Responsible Individual position, in our opinion. International investors are
being harmed by the perception that UK corporations and their auditors are
operating at an extremely low level, despite the fact that huge punishments
have been imposed. He believes that the FRC can and should utilise its
punishment capabilities to foster an improvement culture rather than a fear
one, and that this would lead to higher-quality audit results. Kingman agrees..
In accordance with the another recommendations that
involves fine, as well as a mechanism for auditing firms who work with public
interest groups to be approved and registered. To put things in perspective,
the FRC was supported ten years ago with a third coming from the accounting
profession, a third from the government, and a third from business. No
government subsidies are available now, and the accounting profession covers
50% of FRC's expenses. Despite the fact that it is unreasonable to advocate
that the government restart some financing from public taxes, Kingman proposes
below that fine money from disciplinary proceedings handled by the FRC should
be held by the
FRC rather than remitted to the Consolidated Fund. Fines may also be a source
of funding, but there are concerns about how they are seen in terms of moral
hazard, for example, regulators might be accused of being excessive in their
punishments to ensure a flow of revenue. We can use penalties in this way if
these worries and misconceptions can be alleviated.
1.4 For SMEs
It has been our intention to focus on the regulation of publicly traded and other firms of social significance. There are a wide range of organisations in the UK's corporate sector from this group through small and medium-sized enterprises (SMEs) to micro-companies. Due of their significance to the UK's economic growth and employment, it is imperative that this constituency is not forgotten because of the prominence of bigger corporations. For the sake of consistency, we do not feel that this would be a good idea to separate the duty for regulating smaller enterprises from the responsibility for their financial reporting duties and audits. However, regulators must ensure that their efforts are focused and proportionate, and this may need the creation of dedicated departments or personnel in each of the regulator's several areas of responsibility. The regulator should continue its role in defining standards, but existing monitoring systems, such as the professional accountancy groups, should be used for audit and accounting concerns at the smaller end of the market. As a result of the FRC's determination of fines, obligations, and other punishments, Smaller businesses' desire to enter the audit market might be strongly influenced by the method used, especially the various weights assigned to financial and non-financial punishments.
The audit and accounting industry contributes half of the FRC's budget. The result of distributing this among the enterprises and RSBs is that the larger companies pay the most of it. This does little to eliminate the impression of 'closeness' to the Big Four, which is a common notion. But if the scales tipped in favour of other companies, it would be extremely difficult for smaller businesses to enter the market, which would lead to lower levels of competition overall. We believe that the Financial Reporting Council (FRC) has a critical role to play in ensuring that the UK economy is properly represented by small and medium-sized businesses (SMEs), as well as by ensuring that they are properly represented in the FRC governance structure. An capacity to comprehend and solve the concerns of SMEs and SMPs should take precedence over the FRC's previous focus on PIEs.
In
this sense, there is a strong impression that the FRC continues to view
enforcement as a means of improving audit quality. However, there are a variety
of unintended consequences that, when taken to extremes, result in the opposite
dynamic. Punitive punishments, for example, have the advantage of delivering a
message to the public that "something is being done," but at the same
time do not appear to be making any apparent attempt to enhance education or
understand the causes of bad performance in companies. Deterring market players
and partners from working on PIE audits is one of the benefits of fines, but it
may also be one of the drawback. As a result, audits have a lower overall
quality. In the case of a company's failure, the public will be led to believe
that the auditors are to blame rather than the company's directors. In keeping
with this, the FRC's Audit Enforcement Procedure now includes a single standard
for small inadvertent errors as well as high visibility negligent errors. In
light of the foregoing debate, it may be determined that these guidelines are
not very useful for small businesses as our business is.
2 References
Council, F. R. (2019a). Developments in audit 2019. London, UK: FRC.
Council, F. R. (2019b). Governance Handbook.
Kingman, J. (2018). Independent review of the financial reporting council. Retrieved November, 10, 2020.
La Torre, M., Dumay, J., Rea, M. A., & Abhayawansa, S. (2020). A journey towards a safe harbour: the rhetorical process of the International Integrated Reporting Council. The British accounting review, 52(2), 100836.
Redmond, T. (2020). Independent review into the oversight of local audit and the transparency of local authority financial reporting. London: MHCLG.
Zhongming, Z., & Wei, L. (2022). Business Secretary appoints new non-executive directors to board of Financial Reporting Council.
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