Adverse auditor report to force a/c restatement

 

Apanel appointed by the Securities Exchange Board of India, or Sebi, has cleared a proposal that requires listed companies to restate their financial statements if their auditor comes up with adverse comments, commonly called audit qualifications.     The decision, if endorsed by the Sebi board, will give the stock exchanges an overarching authority to call for restatement of a company’s accounts."A proposal to this effect has been cleared," said an official privy to the discussions in the sub-group on accounting irregularities.The chief executive officer or chief financial officer of a company will bear the cost of the fresh audit. This will ensure that those responsible for the mistake pay for the folly and not the shareholders.The Committee on Disclosures and Accounting Standards on Friday recommended that stock exchanges be authorised to ‘prima-facie’ act on any ‘material’ qualification made by an auditor to seek a restatement of the company’s accounts.Listing agreement that stock exchanges enter into with companies will have to be modified to accommodate the new rule, the official said requesting anonymity.The proposal, if accepted, will provide auditors a final say on a company’s accounts as compared to the current practice of making a note of their qualified remarks. As per the proposal, while filing their annual reports companies will have to submit a declaration before the exchange giving details about the audit qualifications, if any.The stock exchange can then seek further inputs from the company and the auditor.Based on the information, the stock exchange will have to decide if the audit qualifications raised are ‘material’. The exchange can then forward the case to Sebi.The regulator will discuss the seriousness of the qualifications with the Institute of Chartered Accountants of India before ordering the company to restate its accounts.The committee has defined a material qualification as one, which if corrected, may influence the decisions of the users of the financial statement.     While considering the nature of qualification, aspects on corporate governance and impact on future results will be considered, it said"Asperthedraftreport,thecostofpreparing, auditing and distributing the restated accounts will be borne by the CEO/CFO of the company," said the official."In most developed capital markets, an audit qualification is looked at seriously,” said Dolphy D’Souza, partner at Ernst & Young. “Sebi is trying to instill the same discipline in India. This is a step in the right direction." "In the long run it will make financial statements of Indian entities more robust and reliable and will strongly boost investor confidence in Indian stock markets," he said."While the fear of restatement and the consequent cost of lawsuits are expected to keep companies on the straight and narrow path, global experience has demonstrated time and again that this would also result in an increased administrative and financial burden that is detrimental to the interest of the both companies and the investor community," said N Venkatram, partner at Deloitte Haskins & Sells, a leading audit firm in the country. – www.economictimes.indiatimes.com