...audit committee presentation: (a) Visit the PCAOB’s website to identify where guidance related to auditor communications with audit committees resides. AS. 16 Communication with Audit Committees The objectives of the auditor are to: a. Communicate to the audit committee the responsibilities of the auditor in relation to the audit and establish an understanding of the terms of the audit engagement with the audit committee; b. Obtain information from the audit committee relevant to the audit; c. Communicate to the audit committee an overview of the overall audit strategy and timing of the audit; and d. Provide the audit committee with timely observations arising from the audit that are significant to the financial reporting process. Appointment and Retention Significant issues discussed with management in connection with the auditor’s appointment or retention Establish an understanding of the terms of the audit Obtaining Information and Communicating the Audit Strategy Obtaining information relevant to the audit Overall audit strategy, timing of the audit, and significant risks Results of the Audit Accounting policies and practices, estimates, and significant unusual transactions Auditor’s evaluation of the quality of the company’s financial reporting Other information in documents containing audited financial statements Difficult or contentious matters for which the auditor consulted Management consultation with other accountants Going Concern ...
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...Within the Australian justice system, Alternative Dispute Resolution mechanisms (ADR) have been historically perceived as a means whereby parties could seek to resolve a variety of disputes, but in a non-judicial manner. As we move further into the 21st century, the rising costs associated with lengthy and often ineffective litigation, accompanied with a need to reduce burdens placed upon our legal system have allowed for a notable shift away from the courts as the primary means of dispute resolution In the past, it has been largely up to the parties themselves to identify the issues in dispute, which would then be later adjudicated in an appropriate court. Many scholars have strongly advocated in favour of adopting pre action requirements,...
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...Assertions may be classified into the following types: Assertions relating to classes of transactions | Assertions | Explanation | Examples: Salaries & Wages Cost | Occurrence | Transactions recognized in the financial statements have occurred and relate to the entity. | Salaries & wages expense has been incurred during the period in respect of the personnel employed by the entity. Salaries and wages expense does not include the payroll cost of any unauthorized personnel. | Completeness | All transactions that were supposed to be recorded have been recognized in the financial statements. | Salaries and wages cost in respect of all personnel have been fully accounted for. | Accuracy | Transactions have been recorded accurately at their appropriate amounts. | Salaries and wages cost has been calculated accurately. Any adjustments such as tax deduction at source have been correctly reconciled and accounted for. | Cut-off | Transactions have been recognized in the correct accounting periods. | Salaries and wages cost recognized during the period relates to the current accounting period. Any accrued and prepaid expenses have been accounted for correctly in the financial statements. | Classification | Transactions have been classified and presented fairly in the financial statements. | Salaries and wages cost has been fairly allocated between: -Operating expenses incurred in production activities; -General and administrative expenses; and -Cost of personnel...
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...Access the PCAOB Website ( www.pcaob.org) and list two new or proposed auditing standards issued by the PCAOB. Auditing Standard no .18: Related Parties The Securities and Exchange Commission (SEC) approved a new Public Company Accounting Oversight Board (PCAOB) standard on auditing transactions with related parties and amendments to PCAOB standards on significant unusual transactions and a company’s transactions and financial relationships with its executive officers. The standard includes new requirements for evaluating how a company identifies, accounts for and discloses its transactions and relationships with related parties. The amendments also require auditors to perform procedures to (1) help them identify and evaluate the business purpose of the significant unusual transaction (2) Obtain understanding of a company’s financial relationship with its executive officers and also understanding their employment contracts. The PCAOB developed this standard and amendment to focus on the auditor’s areas that have been associated with risks and fraudulent financial reporting errors, the PCAOB hopes the new standard will increase the auditors like hood to identify material misstatement on financial statements. Auditing Standard (AS) No.18, Related Parties, will supersede an interim auditing standard and is effective for fiscal year beginning on or after December 15, 2014. The PCAOB noticed the existing standard provided example of procedures an auditor could perform but...
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...client’s interests above their own for representation and must treat the client fairly. Duty of Loyalty Attorney must pursue clients objectives unfettered by conflicting responsibilities or interests Duty of Diligence Attorney must pursue clients interests without undue delay Duty of Competence Attorney must give client competent representation legal knowledge, skill thoroughness and preparation Duty of Confidentiality from the 6th Amendment Right to Effective Counsel Duty of Confidentiality versus Attorney-Client Privilege The Attorney Client privilege is a shield in evidence which protects all documents created for the client during discovery....if a third party is present the privilege is lost. Work-Product Doctrine this extends to memorializations of conversations with 3rd parties, but not the actual conversations themselves. Anything produced/recorded in the process of and bearing on the legal representation of a client is protected (e.g. interviews, artifacts, documents, mental impressions...meaning ideas/thoughts, etc) POLICY: We want attorneys to record their impressions so they can have more sophisticated representation, therefore we protect it. BUT, if your opponent can show a substantial need for the material AND they show that they cannot get it in any other way....then you have to hand it over. The attorney-client privilege is thus stronger than work product (because WP can be broken if the other side really needs it) Mental Impressions...
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...CASE 1.10 DHB INDUSTRIES, INC. Synopsis David Brooks founded DHB Industries in the early 1990s. Throughout its existence, the principal operating unit of DHB was its Point Blank subsidiary that manufactured bullet-resistant vests for use by law enforcement and military personnel. Sales of protective vests accounted for more than 95 percent of DHB’s revenues each year. DHB and its free-spirited founder were often in the media spotlight. In 2005, a large number of the company’s protective vests were recalled due to alleged “life-threatening flaws.” A few months earlier, Brooks and his top two subordinates, the company’s COO and CFO, were widely criticized when they realized huge stock market gains after selling the majority of their DHB stock. Brooks, alone, realized a stock market gain of more than $180 million when he sold two-thirds of his total ownership interest in DHB, an interest that he had acquired for a small fraction of that amount. In July 2006, Brooks was ousted as DHB’s CEO by the company’s board. Over the following year, a forensic investigation of DHB’s accounting records revealed that the company’s impressive operating results from 2003 through 2005 had been the product of a massive accounting fraud. Brooks and his two subordinates had routinely and blatantly altered DHB’s accounting records to achieve the earnings targets that he had established for the company. The primary account manipulated...
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... The accountant is required to comply with the provisions of this section whenever he or she is engaged to report on compiled financial statements or submits financial statements to a client or to third parties. Establishing an Understanding .02 The accountant should establish an understanding with management regarding the services to be performed for compilation engagements1 and should document the understanding through a written communication with management. Such an understanding reduces the risks that either the accountant or management may misinterpret the needs or expectations of the other party. For example, it reduces the risk that management may inappropriately rely on the accountant to protect the entity against certain risks or to perform certain functions that are management's responsibility. The accountant should ensure that the understanding includes the objectives of the engagement, management's responsibilities, the accountant's responsibilities, and the limitations of the engagement. In some cases, the accountant may establish such understanding with those charged with governance. .03 An understanding with management and, if applicable, those charged with governance, regarding a compilation of financial statements should include the following matters: • The objective of a compilation is to assist management in presenting financial information in the form of financial statements. • The accountant utilizes information that is the representation ...
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...only accounting estimates involving measurement at fair value, the term “fair value accounting estimates” is used. *Accounting records—The records of initial accounting entries and supporting records, such as checks and records of electronic fund transfers; invoices; contracts; the general and subsidiary ledgers, journal entries and other adjustments to the financial statements that are not reflected in formal journal entries; and records such as work sheets and spreadsheets supporting cost allocations, computations, reconciliations and disclosures. Agreed-upon procedures engagement—An engagement in which an auditor is engaged to carry out those procedures of an audit nature to which the auditor and the entity and any appropriate third parties have agreed and to report on factual findings. The recipients of...
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...Consider Fraud in an Audit of Financial Statements (PART 4) 15 SSA 250: Consideration of Laws and Regulations in an Audit of Financial Statements (PART 1) 16 SSA 250: Consideration of Laws and Regulations in an Audit of Financial Statements (PART 2) 17 SSA 505: External Confirmations 18 SSA 540: Audit of Accounting Estimates 19 SSA 501: Audit Evidence – Additional Considerations for Specific Items 21 SSA 545: Summary Auditing Fair Value Measurements and Disclosures (PART 1) 21 SSA 545: Auditing Fair Value Measurements and Disclosures (PART 2) 22 SSA 545: Auditing Fair Value Measurements and Disclosures (PART 3) 23 SSA 530: Audit Sampling and Other Means of Testing 24 SSA 260: Communications of Audit Matters with Those Charged with Governance 25 SSA 550: Related Parties (PART 1) 26 SSA 550:...
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...and identifies engagements to which Philippine Standards on Auditing (PSAs), Philippine Standards on Review Engagements (PSREs) and Philippine Standards on Assurance Engagements (PSAEs) apply. It provides a frame of reference for: (a) Professional accountants in public practice (“practitioners”) when performing assurance engagements. Professional accountants in the public sector refer to the Public Sector Perspective at the end of the Framework. Professional accountants who are neither in public practice nor in the public sector are encouraged to consider the Framework when performing assurance engagements;1 (b) Others involved with assurance engagements, including the intended users of an assurance report and the responsible party; and (c) The International Auditing and Assurance Standards Board (IAASB) in its development of ISAs, ISREs and ISAEs and, consequently, the Auditing Standards and Practices Council (ASPC) in its adoption of said standards for application in the Philippines. 2. 1 This Framework does not itself establish standards or provide procedural...
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...ENGAGEMENT LETTER The Board of Directors Bank of America 100 North Tryon Street Charlotte, NC 28255 Dear Members of the Board: The purpose of this letter is to outline the terms of our engagement to audit the financial statements of Bank of America, which comprise the balance sheet as at December 31, 2013, and the statement of income, the statement of comprehensive income, statement of changes in shareholders equity and cash flows for the year then ended, and a summary of significant accounting policies and other explanatory information. Objective, scope and limitations Our statutory function as auditor of Bank of America is to report to the shareholders by expressing an opinion on Bank of America annual financial statements. We will conduct the audit in accordance with Canadian generally accepted auditing standards and will issue an audit report. Those standards require that we comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement, whether due to error or fraud. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness...
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...Building and Construction Industry Security of Payment Act 1999 As at 21 April 2014 Reprint history: Reprint No 1 30 September 2003 Long Title An Act with respect to payments for construction work carried out, and related goods and services supplied, under construction contracts; and for other purposes. Part 1 – Preliminary 1 Name of Act This Act is the Building and Construction Industry Security of Payment Act 1999. 2 Commencement This Act commences on a day or days to be appointed by proclamation. 3 Object of Act (1) The object of this Act is to ensure that any person who undertakes to carry out construction work (or who undertakes to supply related goods and services) under a construction contract is entitled to receive, and is able to recover, progress payments in relation to the carrying out of that work and the supplying of those goods and services. (2) The means by which this Act ensures that a person is entitled to receive a progress payment is by granting a statutory entitlement to such a payment regardless of whether the relevant construction contract makes provision for progress payments. (3) The means by which this Act ensures that a person is able to recover a progress payment is by establishing a procedure that involves: (a) the making of a payment claim by the person claiming payment, and (b) the provision of a payment schedule by the person by whom the payment is payable, and (c) the referral of any disputed claim to an adjudicator for determination, and (d) the...
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...NATIONAL FEDERATION OF PARALEGAL ASSOCIATIONS, INC. MODEL CODE OF ETHICS AND PROFESSIONAL RESPONSIBILITY AND GUIDELINES FOR ENFORCEMENT PREAMBLE The National Federation of Paralegal Associations, Inc. ("NFPA") is a professional organization comprised of paralegal associations and individual paralegals throughout the United States and Canada. Members of NFPA have varying backgrounds, experiences, education and job responsibilities that reflect the diversity of the paralegal profession. NFPA promotes the growth, development and recognition of the paralegal profession as an integral partner in the delivery of legal services. In May 1993 NFPA adopted its Model Code of Ethics and Professional Responsibility ("Model Code") to delineate the principles for ethics and conduct to which every paralegal should aspire. Many paralegal associations throughout the United States have endorsed the concept and content of NFPA's Model Code through the adoption of their own ethical codes. In doing so, paralegals have confirmed the profession's commitment to increase the quality and efficiency of legal services, as well as recognized its responsibilities to the public, the legal community, and colleagues. Paralegals have recognized, and will continue to recognize, that the profession must continue to evolve to enhance their roles in the delivery of legal services. With increased levels of responsibility comes the need to define and enforce mandatory rules of professional ...
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...laying down procedures. These principles are related to the judicial conceptions that States have adopted. This point will be adressed latter in this introduction. On the other hand, International Convention, in a general or a specific view in relation to civil and commercial matter are enacted by States in order to uniform and harmonize body of rules applicable to international commercial litigation. For example, Lugano convention harmonized rules in order to determine competence of jurisdiction, or the Convention of Vienna on international sales of goods determines competence of jurisdiction and the law applicable. In order to explain which criterion is more important in the construction of private international law concerned with international commercial litigation, it will be relevant to focus this study on the rules of competence of jurisdiction. Besides the general system of conventions, as explained above, judicial traditions of countries can explain debates around the best ways to enact rules on international trade, and especially international litigations arise from commercial relationships between actors. Indeed, on one hand, common law countries focus on the role of the judge for the creation, the interpretation and the application of law rules. Some authors argue that the predominance of the judge in common law judicial system translates a pragmatism to resolve disputes related to civil and commercial matters. Moreover, certain procedures in the common law...
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...world, we use different kinds of law & law of contracts is one of the most widely used business law which is basically used to understand future business related The Aspects of Contracts & Negligence for Businessissues in more predictable manner by people engage in contracts. Contract is basically a promise that gives the official commitment that the law will be enforced.Judicial activism, which creates law to be less predictable & more flexible, & judicial restraint, which makes law more predictable & less flexible, is two important issues closely related to contracts that need to be defined properly. Task 1: P1- The essential element of valid contracts in a business context: A contract, to be valid in a business context, must have some essential elements which can be basically classified in four major categories- ð Agreement- In every contract, there must be an agreement between two parties where one party needs to make any kind of valid offer & the other party needs to accept the offer made. ð Consideration- To be valid, every contracts must have some consideration on the basis of which they engage in the contract. There must be exchange of something. The subject matter of the contract may vary from contract to contract. ð Intention to Create Legal Relationship- The subject matter & everything related to the contract must be legal & there should...
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