Guidance Note on Independence of Auditors
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Guidance Note on Independence of Auditors ISBN : 978-81-88437-52-8 The Institute of Chartered Accountants of India (Set up by an Act of Parliament) www.icai.org New Delhi June/2012/1,000 (Reprint) GUIDANCE NOTE ON INDEPENDENCE OF AUDITORS THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA NEW DELHI © The Institute of Chartered Accountants of India All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form, or by any means, electronic mechanical, photocopying, recording, or otherwise, without prior permission, in writing, from the publisher. Revised Edition : January, 2005 Reprint : June, 2012 Committee/Department : Ethical Standards Board E-mail : [email protected] Website : www.icai.org Price : ` 25/- ISBN : 978-81-88437-52-8 Published by : The Publication Department on behalf of the Institute of Chartered Accountants of India, ICAI Bhawan, Post Box No. 7100, Indraprastha Marg, New Delhi - 110 002. Printed by : Sahitya Bhawan Publications, Hospital Road, Agra-282 003. June/2012/1,000 Copies (Reprint) ii FOREWORD The :uidance Note on Independence o Auditors was issued decades bac7 and since then the concept o independence o auditors has gone a sea change. The crucial issue o the accountancy pro ession is now the accountability and the issue o independence o auditors is to be addressed to concretize the accountability o the pro ession. The independence o auditor is a pre3condition or the good corporate governance. Whether it is Sarbanes Oxley Act, 2002 in U.S.A. or the Recommendations o the Naresh Chandra Committee Report on Corporate Audit and :overnance, 2002, the underlined emphasis was how to ensure the independence o auditor while discharging his responsibility to the sta7eholders. To address the issue, the Council has issued a number o noti ications, standards, directions 9 sel 3regulatory measures 7eeping in consideration the con lict o interest and duty. This :uidance Note is designed to provide guidance to identi y various threats against independence and to resolve the same appropriately. 0ut at the same time, a member should not orget that the situations prescribed in this :uidance Note are illustrative only and the member should interpret the requirements as regards independence much more strictly than what the law requires and should not place themselves which would either compromise or jeopardize their independence. This message is more relevant in this era o globalized competition. The Committee on Ethical Standards 9 Unjusti ied Removal o Auditors (CESURA) has done an excellent job in revising the earlier :uidance Note on independence o auditors. While doing so, the Committee has appreciated the international positions, the provisions existing in the Chartered Accountants Act and Regulations, Code o Ethics and other instruments issued by the Institute. iii I wish to place my sincere appreciation to Shri Abhijit 0andyopadhyay, Chairman, CESURA and other 8embers o the Committee who spared no e orts to analyze categorically all the issues involved 9 came out with this comprehensive updated :uidance Note on the subject. I am con ident that this :uidance Note would guide the members in discharging their onerous responsibilities towards the pro ession and the society at large. Place : New Delhi SUNIL GO)AL Date : 21st Janua y, 200. PRESIDENT iv PREFACE Independence though a state o mind but it also includes the avoidance o certain acts and circumstances that are so signi icant a reasonable and in ormed third party, having 7nowledge o all the relevant in ormation, including any sa eguards applied, would reasonably conclude a irmAs or a memberAs integrity, objectivity or pro essional independence had been compromised. A member has to train his mind to identi y various threats and to apply the sa eguards to negate the same. In the globalized world, new threats are emerging and in the Post3Enron scenario, the independence o auditors is a crucial issue or the smooth unctioning 9 prosperity o economic order. 8embers must ta7e care to see that they do not land themselves in situations where there could be con lict o interest and duty. The concept o independence is also a dynamic phenomenon. To appreciate that dynamism, the Committee on Ethical Standards 9 Unjusti ied Removal o Auditors (CESURA) has consciously explored all the possible aspects o the issue. I grate ully ac7nowledge the contribution o our past presidents or their valuable comments and suggestion in this regard. I grate ully ac7nowledge the guidance and advice o our President, Shri Sunil :oyal and Bice3President, Shri C.S. Bi7amsey. I wish to place on record my than7s and gratitude or Shri Pawan Cumar Sharma, Bice3Chairman, CESURA and other Committee members particularly Shri Anuj :oyal, Convenor o the concerned Study :roup or their e orts, whole3hearted support and co3operation. v I deeply appreciate the contribution and dedication o Dr. Alo7 Ray, Secretary o the Committee and other o icials o the Institute to ma7e this tas7 possible. Place :New Delhi A/HIJIT /AND)OPADH)A) Date: 21st Janua y, 200. CHAIR0AN CO00ITTEE ON ETHICAL STANDARDS AND UNJUSTIFIED RE0O1AL OF AUDITORS 2CESURA3 vi CONTENTS Foreword Pre ace Chapte Page 1. Introduction 1 2. Threats to Independence D 3. Sa eguards to Independence 7 4. Conclusion 20 vii GUIDANCE NOTE ON INDEPENDENCE OF AUDITORS The ollowing is the text o the :uidance Note on Independence o Auditors issued by the Council o the Institute o Chartered Accountants o India. 1. INTRODUCTION 1.1 This :uidance Note aims to clari y the meaning o independence while per orming their duties as Auditors. Pro essional integrity and independence is an essential characteristic o all the pro essions but is more so in the case o accountancy pro ession. Independence implies that the judgement o a person is not subordinate to the wishes or direction o another person who might have engaged him, or to his own sel 3interest. This document shall provide guidance to members about the speci ic circumstances and relationships that may create threats to independence. The :uidance Note also provides sa eguards that should be employed by the auditors to mitigate the ris7 arising rom such circumstances and relationship leading to the threats to independence. 1.2 It is not possible to de ine EindependenceF precisely. Rules o pro essional conduct dealing with independence are ramed primarily with a certain objective. The rules themselves cannot create or ensure the existence o independence. Independence is a condition o mind as well as personal character and should not be con used with the super icial and visible standards o independence which are sometimes imposed by law. These legal standards may be relaxed or strengthened but the quality o independence remains unaltered. 1.3 There are two interlin7ed perspectives o independence o auditors, one, independence o mindG and two, independence in appearance. 1 The Code o Ethics or Pro essional Accountants, issued by International Federation o Accountants (IFAC) de ines the term HIndependenceA as ollows: EIndependence is: (a) Independence o mind I the state o mind that permits the provision o an opinion without being a ected by in luences that compromise pro essional judgment, allowing an individual to act with integrity, and exercise objectivity and pro essional s7epticismG and (b) Independence in appearance I the avoidance o acts and circumstances that are so signi icant a reasonable and in ormed third party, having 7nowledge o all relevant in ormation, including any sa eguards applied, would reasonably conclude a irmAs, or a member o the assurance teamAs, integrity, objectivity or pro essional s7epticism had been compromised.F 1.4 Independence o the auditor has not only to exist in act, but also appear to so exist to all reasonable persons. The relationship between the auditor and his client should be such that irstly, he is himsel satis ied about his independence and secondly, no unbiased person would be orced to the conclusion that, on an objective assessment o the circumstances, there is li7ely to be an abridgement o the auditorsA independence. 1.. In all phases o a Chartered AccountantAs wor7, he is expected to be independent, but in particular in his wor7 as auditor, independence has a special meaning and signi icance. Not only the client but also the sta7eholders, prospective investors, ban7ers and government agencies rely upon the accounts o an enterprise when they are audited by a Chartered Accountant. As statutory auditor o a limited company, or example, the Chartered Accountant would cease to per orm any use ul unction i the persons 2 who rely upon the accounts o the company do not have any aith in the independence and integrity o the Chartered Accountant. In such cases he is expected to be objective in his approach, earless, and capable o expressing an honest opinion based upon the per ormance o wor7 such as his training and experience enables him to do so. 1.D The objective o an audit o inancial statements, prepared within a ramewor7 o recognized accounting policies and practices and relevant statutory requirements, i any, is to enable an auditor to express an opinion on such inancial statements. The auditorAs opinion helps determination o the true and air view o the inancial position and operating results o an enterprise. The user, however, should not assume that the auditorAs opinion is an assurance as to the uture viability o the enterprise or the e iciency or e ectiveness with which management has conducted the a airs o the enterprise. 1.7 The idea o independence is instilled in the minds o Chartered Accountants rom the commencement o their training under articles or audit service. It has to be applied in their day3to3day wor7 and their success is dependent entirely upon their integrity, competence and independence o approach.