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Professional Standards
(?)

Information on the Public Audit Register – Reminder for audit firms

The Institute’s Professional Standards Department recently wrote to all audit compliance principals in relation to the obligations of audit firms with regard to information on the Public Audit Register.  In this letter, audit firms are reminded of the legal and regulatory obligations to: Notify the Institute, within ten business day, of certain changes in relation to an audit firm (specified in Audit Regulation 2.11).  It is not appropriate to wait until the submission of the next firm annual return. Provide complete and correct information in the firm annual return and check standing data for accuracy Provide details of the members of the audit firm’s management board – a firm which does not have a management board separate from the firm principals/shareholders should provide the names of the principals/shareholders in that regard Consider the definition of ‘network firm’ in the Audit Regulations (2.12) and provide details in relation to any network to which the audit firm belongs. It is important to give careful attention to the reminders in this letter.  A failure to provide the appropriate information on a timely basis is a breach of the Audit Regulations which could result in regulatory action, including regulatory penalties, and may also constitute an offence under company legislation. These, and other regulatory matters, were also highlighted in the latest edition of the Regulatory Bulletin.

May 18, 2023
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Tax RoI
(?)

Memo from the Registrar of the Central Register of Beneficial Ownership of Trusts

Anti-money laundering directives require each European Union (EU) Member State to establish a Central Register of Beneficial Ownership of Trusts (CRBOT). The purpose of the CRBOT is to help prevent money laundering and terrorist financing by improving transparency on who ultimately owns and controls Irish trusts. The terminology used in anti-money laundering to refer to persons who are obliged to implement measures under the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 is designated persons. This term includes auditors and external accountants.  A designated person is required under section 35 (3A) of the 2010 Act to ascertain that a trust’s beneficial ownership details are entered in the trust’s beneficial ownership register or in the CRBOT, prior to the establishment of a business relationship with that trust. A designated person can gain access to a trust’s registration by obtaining an access number from the trustee.  Designated Persons have an obligation to notify the Registrar of the CRBOT where there is a discrepancy between the particulars of a trust's internal register and the CRBOT. A detailed guide on accessing the register and the discrepancy notice form can be found on the CRBOT website here. A designated person who fails to notify the Registrar of a discrepancy commits an offence and shall be liable, on summary conviction, to a class A fine.  

May 16, 2023
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Tax
(?)

Strike action affecting HMRC phone lines

Due to industrial action between 10 May and 2 June, callers to the Employer Helpline and the Construction Industry Scheme Helpline, which will be open from 9am to 5pm, may experience longer wait times than usual. Readers are reminded that until 2 June, calls to the Agent Dedicated Line are restricted to queries on self-assessment penalties and PAYE coding notices.

May 15, 2023
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Technical Roundup 12 May 2023

Welcome to this week’s Technical Roundup.    In developments this week, the International Sustainability Standards Board has published Exposure Draft Methodology for Enhancing the International Applicability of the SASB Standards; the European Securities and Markets Authority has decided to postpone to 2024 the amendment of the European Single Electronic Format (ESEF) Regulatory Technical Standard (RTS). Read more on these and other developments that may be of interest to members below.  Financial Reporting The European Financial Reporting Advisory Group (EFRAG) has published its draft comment letter in response to the International Accounting Standards Board’s (IASB) Exposure Draft 2023/2 Amendments to the Classification and Measurement of Financial Instruments. Comments are requested by EFRAG until 30 June 2023. EFRAG, along with ICAS and EFFAS have published The production and consumption of information on intangibles: An empirical investigation of preparers and users. This academic study looks at the measures and disclosures on unreported intangibles that are considered useful for decision making in financial statements. The Financial Reporting Council (FRC) has published a consultation to revise Technical Actuarial Standard 300 (TAS 300) and introduce Technical Actuarial Standard 310 (TAS 310), aimed at ensuring the actuarial standards in relation to pensions remain relevant and reflect developments in the pension industry. Audit The Commission for the Regulation of Utilities (CRU) has issued updated guidance for PSO Notification to Suppliers - Engagement of Auditors 2023-24, the updates reflect the revised ISRS 4400 Engagements to perform Agreed-upon Procedures regarding Financial Information. https://www.cru.ie/publications/27473/ Anti money laundering The UK National Crime Agency has issued its latest SARs in Action Issue 20. It deals with topics such as key trends in fraud, romance fraud, money mules and fraud communications and the accountancy sector as an attractive target for payment diversion fraud. Sustainability Public Sector Guidance to Report on Sustainability Program Information.  The International Public Sector Accounting Standards Board (IPSASB®), developer of IPSAS, international accrual-based accounting standards for use by governments and other public sector entities around the world, has issued Reporting Sustainability Program Information—Amendments to RPGs 1 and 3: Additional Non-Authoritative Guidance. To access this guidance, its summary At-a-Glance document, and webcast, visit the IPSASB website. The International Sustainability Standards Board has published Exposure Draft Methodology for Enhancing the International Applicability of the SASB Standards.  The document will be available to download from the Open for comment section and from the International Applicability of the SASB Standards project page. The Irish Central Bank has recently issued a financial stability note entitled “Going Green, The Growth in Green Mortgage Financing in Ireland” .Content includes an overview, characteristics of green mortgages and comparison of green and non-green market shares. Click to read an article on “How Ireland Is Becoming a leader in Renewable Energy Technology” Other The European Securities and Markets Authority (ESMA) has decided to postpone to 2024 the amendment of the European Single Electronic Format (ESEF) Regulatory Technical Standard (RTS). This decision is in part due to the limited changes in the 2023 update to the International Financial Reporting Standards (IFRS) Taxonomy. On May 8th, 2023, the Dept. Of Enterprise Trade and Employment (DETE) launched a public consultation on proposals to enhance the Companies Act 2014. Please click the link for the DETE press release on the consultation and here to access the consultation and submissions can be e mailed to companylawconsultation@enterprise.gov.ie. The Institute will be working with the various committees to respond to the consultation on behalf of members The closing date is no later than 5pm on 9 June 2023. The consultation is divided into four sections and below you can read a summary of what each section entails if you click onto an Institute news article here. The Institute recently hosted a webinar on the Protected Disclosures (Amendment) Act 2022 which was moderated by Stephen Lowry, Public Policy manager at the Institute. Panellists were Barry Robinson of BDO Ireland, Michael Deeny, an experienced compliance officer and Annelie Demred of Whistlelink, and Institute Technical Manager, Lilian Halpin. The webinar gave an overview of the new legislation, client insights and their experience of implementation together with a demonstration of a whistleblowing compliance tool. You can view a recording of the webinar here: https://lnkd.in/erP92edn Government approval has been welcomed for the priority drafting of legislation to enhance the protection of employees in collective redundancies following insolvency. According to DETE the Bill will further enhance the protection of employees in a collective redundancy situation following their employer’s insolvency by amending the Protection of Employment Act 1977, which governs collective redundancy rules, and the Companies Act 2014. The Bill will also provide for the establishment of a new statutory Employment Law Review Group which will advise the Minister for Enterprise, Trade and Employment on all aspects of employment and redundancy law. The Bill will strengthen the already robust legislative protections and safeguards afforded to the employees. The Companies Registration Office (CRO) has issued the revised date for the requirement to provide a company director’s PPSN for certain filings. The date is now Sunday 11th June 2023 and the CRO has published FAQs to provide further information.    Click to read the Governor of the Central Bank’s blog on crypto and how we can protect the consumer. He discusses the Central Bank’s position on the monitoring and regulation of crypto, decentralised finance, and the scope for leveraging its potential. He references the crypto ecosystem and the risks from crypto and how to address the crypto risk. He also welcomes the European Parliament’s recent approval of the Markets in Crypto Assets Regulation (MiCA). The Minister for Finance recently spoke at a dinner for the Irish Funds sector .He spoke generally about the sector and also mentioned recent Cabinet approval for a review of the Funds sector which  will seek to ensure that the funds sector framework is up-to-date and fit for purpose in the years ahead and that it continues to support national and regional economic growth, as well as job creation. The review will involve a consultation and a 3-month period for completion of submissions.  The Workplace Relations Commission recently published its annual report for 2022. In the report you can read about its activities for the year, and it includes information on Inspection and Enforcement Service, inspections in 2022 and Civil Enforcement of Adjudication Awards together with complaints in 2022, details of its Conciliation, Advisory and Mediation Services and its legal division. In other news on the WRC, it has been directed under Section 20(2) of the Workplace Relations Act 2015, to prepare a Code of Practice on the ‘Right to Request Remote Working’ as required under Part 4 of the Work Life Balance and Miscellaneous Provisions Act 2023. See here for WRC website also for further information. To that end it is undertaking a public consultation with a view to drafting a Code of Practice on the Right to Request Remote Working. Submissions on this matter to be submitted to the WRC by 5pm on 9 June 2023. For further technical information and updates please visit the Technical Hub on the Institute website. Technical Hub on the Institute website.     

May 12, 2023
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Technical Roundup 5 May

Welcome to this week’s Technical Roundup.    In developments this week, the Financial Reporting Council has welcomed the Financial Conduct Authority's recently published consultation on Primary Markets Effectiveness, which propose significant reforms to improve the framework for listing commercial companies' equity shares; IDA Ireland has published its May 2023 monthly e-zine where you can read its latest industry news including about the EU’s Chips Act and Irish aerospace collaboration securing €2.5m Disruptive Technologies Innovation funding. Read more on these and other developments that may be of interest to members below.  Financial Reporting The Institute has recommended, in its response to FRED 82, that the FRC allow small companies an additional three years before they must apply the proposed leasing amendments set out in the Periodic Review of FRS 102. This recommendation is in recognition of the increased compliance demands and reporting requirements which some smaller companies will be exposed to as a result of the changes, as well as the potential consequence that some companies will increase in size as a result of the change. The European Financial Reporting Advisory Group (EFRAG) has issued its April 2023 update. This summarises public technical discussions held and decisions taken during the month. The Financial Reporting Council (FRC) has welcomed the Financial Conduct Authority's (FCA) recently published consultation on Primary Markets Effectiveness, which propose significant reforms to improve the framework for listing commercial companies' equity shares.   The FCA's proposals aim to improve the competitiveness of the UK equity market by creating a more attractive and compelling option for companies considering a share listing in the UK. The proposals include replacing the current standard and premium listing share categories with a single listing category for commercial company issuers of equity shares, retaining the sponsor regime with modifications, and retaining discrete listing categories for other types of instruments. Audit Chartered Accountants Ireland has responded to the IAASB consultation on the Proposed Part 10, Audits of Group Financial Statements of The Proposed ISA For Audits of Financial Statements of Less Complex Entities (ISA for LCE).  The initial proposed ISA for LCE (in 2022) excluded all groups from the scope of the standard, the proposed changes would include some groups, a move we welcome in our response. The IAASB envisions approving a final standard in December 2023. Institute responses to recent consultations can be read here. Accounting The International Accounting Standards Board (IASB) have issued their April 2023 Update which highlights preliminary decisions and projects affected by these decisions. Anti money laundering In April 2023 the UK National Crime Agency has issued its latest edition of its booklet “Suspicious Activity Report (SAR) Glossary Codes and Reporting Routes” and this booklet replaces all previous glossary codes publications. Sustainability Would you like to know more about the Corporate Sustainability Reporting Directive (CSRD)? Join Dee Moran, Professional Accountancy Lead, Chartered Accountants Ireland and Lisa Campbell, Head of Operations in IAASA to understand more about the directive and what future developments might mean for your organisation. There will also be an overview of the proposed European Sustainability Reporting Standards, an update on the assurance of sustainability reporting and an opportunity to ask questions. The webinar will take place on 25 May at 10am and you can register here to attend. Other IDA Ireland has published its May 2023 monthly e-zine where you can read its latest industry news including about the EU’s Chips Act and Irish aerospace collaboration securing  €2.5m Disruptive Technologies Innovation funding. The Charities Regulator has recently issued its latest newsletter  and includes new guidance on charity registration and information on the Charities Regulator stakeholder forum . For further technical information and updates please visit the Technical Hub on the Institute website.   

May 05, 2023
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Financial Reporting
(?)

Institute issues response to FRS 102 periodic review

Chartered Accountants Ireland has issued its response to the Financial Reporting Council’s (FRC) Exposure Draft Draft amendments to FRS 102 The Financial Reporting Standard applicable in the UK and Republic of Ireland and other FRSs("FRED 82"). FRED 82 forms part of the periodic review of FRS 102 and other standards maintained by the FRC (such as FRS 105). The most significant changes proposed by the FRC in FRED 82 include proposals to change the Revenue and Leasing requirements in FRS 102 to an accounting regime similar to that in IFRS 15 Revenue from Contracts with Customers and IFRS 16 Leasing respectively, both of which have been in effect at IFRS level for several years now. Some of the key points raised by the Institute in its response include: The Institute conceptually agrees with the proposal to align lease accounting requirements in FRS 102 to reflect the on-balance sheet model from IFRS 16. The Institute recommended that smaller entities are given an additional three years to implement the proposed leasing amendments. This recommendation is in recognition of the increased compliance demands and reporting requirements which some smaller companies will be exposed to as a result of the changes, as well as the potential consequence that some companies will increase in size as a result of the change. The Institute has called for more guidance to be issued in defining the “obtainable borrowing rate” when accounting for leases and how this differs from the “incremental borrowing rate” under IFRS 16. While agreeing with the proposals to update sections 23 and 18 (Revenue) of FRS 102 and FRS 105 respectively, the Institute strongly recommended the inclusion of worked examples in an appendix to demonstrate the differentiating factors that may lead to changes in revenue recognition if the proposed amendments are adopted. The Institute highlighted some concerns regarding simplifications made to IFRS 15 principles in the proposed changes to FRS 102 and FRS 105, instead believing that these simplifications will add complexity to revenue recognition. Following the closing of the invitation to comment period on 30 April, the FRC will now consider the responses received and are expected to publish the final amendments later this year. An effective date of 1 January 2025 has been proposed for the changes.

May 03, 2023
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Technical Roundup 28 April 2023

Welcome to this week’s Technical Roundup.   In developments this week, the European Commission’s EU Green Week is an opportunity to raise awareness, promote and discuss European environmental policy and will take place from Saturday, 3 June to Sunday, 11 June 2023 under the overarching theme of the European Green Deal; the Central Bank has published research and information on ongoing work to ensure consumers are protected in a changing economic landscape.    Read more on these and other developments that may be of interest to members below.   Financial Reporting The European Financial Reporting Advisory Group (EFRAG) is consulting on its draft endorsement advice letter on International Tax Reform – Pillar Two Model Rules. Comments are requested by EFRAG by 24 May 2023.  EFRAG has also issued its Recommendations and Feedback statement which summarises the main comments received by EFRAG on its recent discussion paper- Better Information on Intangibles – Which is the best way to go?  The IFRS Foundation has published its annual report and audited financial statements for the year ended 31 December 2022. Marking a transformative year for the IFRS Foundation, the report highlights significant accomplishments by its two boards, the International Accounting Standards Board (IASB) and the International Sustainability Standards Board (ISSB). The two boards are united in the mission to provide better information about companies all over the world so that investors and other capital market participants can make better decisions―better information for better decisions.  Audit The Staff of the International Ethics Standards Board for Accountants released a jurisdictional PIE database to further support the adoption and effective implementation of the revisions to the definitions of listed entity and PIE in the International Code of Ethics for Professional Accountants. The revised PIE provisions specify a broader list of categories of entities as PIEs whose audits should be subject to additional independence requirements to meet stakeholders’ heightened expectations concerning auditor independence when an entity is a PIE.  The International Auditing and Assurance Standards Board issued proposed revisions to its current standard on going concern, International Standard on Auditing 570 (Revised), Going Concern.  The proposed changes aim to:  Promote consistent practice and behaviour and facilitate effective responses to identified risks of material misstatement related to going concern;  Strengthen the auditor’s evaluation of management’s assessment of going concern, including reinforcing the importance, throughout the audit, of the appropriate exercise of professional skepticism; and  Enhance transparency with respect to the auditor’s responsibilities and work related to going concern where appropriate, including strengthening communications and reporting requirements.  Comments are requested by August 24, 2023.  Sustainability  The European Single Electronic Format’s (ESEF) implementation has taught us that timely preparation and communication are the most important factors for the success of relevant IT projects. Now, EU Member States have started implementing the Corporate Sustainability Reporting Directive (CSRD) for transposition. Accountancy Europe is hosting a webinar on 16 May – ‘Towards digital corporate reporting with CSRD’ to explore this area.    The European Commission’s EU Green Week is an opportunity to raise awareness, promote and discuss European environmental policy. Organised by Directorate-General for Environment every year, this high-level event attracts policymakers, leading environmentalists, stakeholders from across Europe to discuss pressing issues related to environmental protection and sustainability. This year’s topic highlights the urgent need for sustainability in decision-making.  EU Green Week 2023 will take place from Saturday 3 June to Sunday 11 June 2023 under the overarching theme of the European Green Deal.  In the April 2023 issue of the ISSB podcast, ISSB Vice-Chair Sue Lloyd talks to Chair Emmanuel Faber about the latest developments and discussions from the board.  The discussion covers:  an update on foundational work;  summary of decisions made at the ISSB’s supplementary April 2023 meeting; and  decisions made at the April 2023 ISSB meeting on the ISSB’s Consultation on Agenda Priorities and the International Applicability of the SASB Standards project.  Accountancy Europe has issued a call for an ambitious EU Due Diligence Framework to meet the objectives of the Corporate Sustainability Due Diligence Directive. In its call, Accountancy Europe has set out its recommendations under the following headings;  Support Affected SMEs  Maintain Directors’ role and duties  Set up high quality independent third-party verification  Ensure workable rules for civil liability enforcement  In a recent webinar hosted by the International Federation of Accountants (IFAC), the International Public Sector Accounting Standards Board (IPSASB) and Accountancy Europe the issue of sustainability reporting in the public sector was discussed and the need to develop public sector specific sustainability reporting standards.  Other Areas of Interest   The three European Supervisory Authorities (EBA, EIOPA and ESMA - ESAs) have issued their Spring 2023 Joint Committee Report on risks and vulnerabilities in the EU financial system. While noting that EU financial markets remained broadly stable despite the challenging macro environment and recent market pressure in the banking sector, the three Authorities are calling on national supervisors, financial institutions and market participants to remain vigilant in the face of mounting risks.  A new resource, offering advice on how to improve your cyber security and links to information on dealing with cyber-attacks, has this week been published by NICVA (The Northern Ireland Council for Voluntary Action).  The resource, available at Advice for those experiencing cyber attacks | NICVA, was published following the news that hackers had stolen data from charities and community organisations in a cyber-attack on a Londonderry-based IT company.  The Central Bank has published research and information on ongoing work to ensure consumers are protected in a changing economic landscape.  This new research sheds light on the resilience of households to these developments and, more broadly, on how credit markets have been evolving in this rapidly evolving environment. The Central Bank is also publishing a note on the ongoing  work to ensure regulated firms meet the expectations set in its November 2022 Dear CEO Letter on protecting consumers in a changing economic landscape, relating to mortgages secured on a borrower’s primary residence.  The Irish Competition and Consumer Protection Commission recently launched a major campaign to help Irish consumers with their financial dilemmas. Read more in their news release here. The campaign highlights the CCPC’s online financial information hub (ccpc.ie/money) and the CCPC Money Tools – a suite of user-friendly online calculators and comparison tools designed to help everyone make good financial decisions. As part of the campaign, the CCPC is rolling out a series of videos answering real-life consumer questions collected from members of the public across Ireland.  The Decision Support Service was launched this week following the full commencement of the Assistant Decision-Making (Capacity) Act 2015 (as amended). The Act has established a modern legal framework to support decision-making by adults who may have difficulty making decisions without help. One of the key reforms is the abolition of the wards of court system. The DSS have published  13 Codes of Practice to provide essential guidance in relation to the practical implementation of the Act. For more information on the DSS, visit www.decisionsupportservice.ie.  The Minister for Finance recently signed an order to commence a large part of the Central Bank (Individual Accountability Framework) Act 2023 with effect from 19 April 2023. The Minister in a press release described the new legislation as a significant enhancement of the powers of the Central Bank and said he looks forward to commencing the remainder of the Act later this year. He said cultural and practical change in the banking sector and throughout the financial services industry is required to rebuild trust in the financial sector. The Central Bank (Individual Accountability Framework) Act 2023 should make a significant contribution to bringing about this needed cultural change. This is the ultimate aim of this legislation.  Please join us on 9 May for a webinar on “Navigating Ireland's New Protected Disclosures Law - Legal and Practical Insights” The session will be moderated by Stephen Lowry, Public Policy Manager in the Institute and Lilian Halpin, Technical Manager will take part in the panel with Barry Robinson, Head of Forensic Services at BDO in Ireland, Michael Deeny, Compliance Consultant and Annelie Demred, VP Strategy and Growth Whistlelink. There will be an overview of the new legislation, client insights and experience of implementation. We will also discuss European cross sector experience of protected disclosures legislation and there will be an option to stay on the webinar to view a demonstration of a compliance tool.  The Department of Enterprise, Trade and Employment is holding a webinar on Responsible Business, to be held on Tuesday, 23 May, from 10:00am – 11:30am. Responsible Business encompasses a range of initiatives – some voluntary, some mandatory – aimed at promoting positive business impacts on issues such as climate action and human rights, and it corresponds in important ways with the ESG (environment, social and governance) agenda that is now an established aspect of good corporate governance. In this online event, Minister Simon Coveney TD will provide opening remarks on the Responsible Business agenda. Officials from the Department will follow with short presentations, explaining three Responsible Business initiatives of which enterprises should be aware. The webinar will conclude with a Q&A session. You can register for the webinar here.   For further technical information and updates please visit the Technical Hub on the Institute website.      

Apr 28, 2023
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Anti-money Laundering
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National Crime Agency - SARs in ACTION

The National Crime Agency in the UK has recently issued its April 2023 edition (Issue 19) of SARs IN ACTION. It contains items such as a summary of the 2022 SARs Annual Report (which can be accessed in full here), which features statistics covering the years 2020-21 and 2021-22, an article on modern slavery and human trafficking, and looks at SARs related to cryptocurrency and  trust or company service providers. It also has some information on the new SARs portal and on two new podcast episodes on Evolving Payments and Banking Firms and the UK Fraud Communications Toolkit.

Apr 20, 2023
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Technical Roundup 21 April 2023

Welcome to this week’s Technical Roundup.   In developments this week, the Financial Reporting Council has issued a new web page providing conversation starters to help promote better engagement between investors and audit committees; the European Securities and Markets Authority has published the third edition of its Data Quality Report under the European Markets Infrastructure Regulation (EMIR) and the Securitised Financing Transactions Regulation (SFTR) reporting regimes. Read more on these and other developments that may be of interest to members below.  Financial Reporting The FRS 102 & FRS 105 Periodic Review Consultation (FRED 82) closes on 30 April. Individuals and organisations wishing to contribute to the future direction of Irish and UK accounting standards can submit a response to this. Details of the questions raised by the FRC and how to respond are contained in the “Invitation to comment” section of FRED 82. A summary of the changes proposed in FRED 82 can be found in our recent event with the FRC. The IASB have issued their Supplementary Update April 2023.  This Update highlights preliminary decisions of the International Accounting Standards Board (IASB). Projects affected by these decisions can be found on the work plan. The UK Endorsement Board (UKEB) has published the 2023 IFRS Standards on behalf of the UK Government. Audit and Assurance  IAASA has published its annual Profile of the Profession for 2022. This contains statistical data provided by the six Prescribed Accountancy Bodies (‘PABs’) within IAASA’s supervisory remit. The Profile of the Profession presents an overview of the PABs’ members and students and includes statistics about the PABs’ regulatory and monitoring activities. The FRC has issued a new web page providing conversation starters to help promote better engagement between investors and audit committees. The goal of this is to facilitate better understanding of companies and their approach to financial reporting and internal control. Sustainability The International Sustainability Standards Board (ISSB) will shortly be seeking feedback on its future priorities for the next two years. In May 2023, the ISSB plans to publish a request for information about its agenda priorities with a comment period of 120 days. Anti money laundering, terrorist financing The National Crime Agency in the UK has recently issued its April 2023 edition (Issue 19) of SARs IN ACTION. It contains items such as a summary of the 2022 SARs Annual Report (which can be accessed in full here), which features statistics covering the years 2020-21 and 2021-22, an article on modern slavery and human trafficking, and looks at SARs related to cryptocurrency and  trust or company service providers. It also has some information on the new SARs portal and on two new podcast episodes on Evolving Payments and Banking Firms and the UK Fraud Communications Toolkit. Other Areas of Interest   Accountancy Europe’s latest online blog ‘Beyond the books: soft skills as important for accountants as technical knowledge’ by Jens Poll, AE Deputy President, discusses how, if the profession wants to be a part of the transition and accompany clients through it, we must adapt and be open to change. Soft skills and openness help build long-lasting client relationships based on mutual communication. With time and trust, our advice becomes more diverse and personal. The European Securities and Markets Authority (ESMA), the EU’s financial markets regulator and supervisor, has published the third edition of its Data Quality Report under the European Markets Infrastructure Regulation (EMIR) and the Securitised Financing Transactions Regulation (SFTR) reporting regimes.  The report highlights the increased use of transaction data by EU financial regulatory authorities in their day-to-day supervision and identifies significant quality improvements following a new approach to data monitoring. The Dept. of Enterprise Trade & Employment has published its April 2023 Enterprise newsletter. It includes details on a couple of consultations, one on the EU proposal for a directive on liability for defective products and a consultation on guidelines for the export of cyber-surveillance items. It also includes the latest round of the Online Retail Scheme where retailers can access up to €25,000 in grant funding to strengthen their ecommerce capabilities. Details of application requirements including provision of statutory accounts can be found in the link in the newsletter and submissions should be made by 3rd May 2023 at 12.00pm (noon). The Companies Registration Office has delayed the implementation of the CRO PPSN project which was due to go live on April 23rd. The CRO have indicted that it is a short delay and we will keep you updated. In the meantime, members are advised to continue to prepare for the new requirements. We are pleased to have recently launched new webpages providing information and resources to members in the area of protected disclosures legislation. The pages are located on the Institute’s technical hub. Click here for the protected disclosures landing page. The pages cover both the Republic of Ireland and the UK and deal with areas such as updates to Irish legislation since the commencement of the Protected Disclosures (Amendment) Act 2022 earlier this year. For example, an expanded definition of worker, wrongdoing and penalisation. The pages also deal with reporting requirements including the new internal reporting channel and procedures required under the 2022 Act. The pages also collate some of the many resources available on the topic. We hope members will find the new resource useful. For further technical information and updates please visit the Technical Hub on the Institute website.         

Apr 20, 2023
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Technical Roundup 14 April 2023

Welcome to this week’s Technical Roundup.   In developments this week, the World Council of Credit Unions has recently released its 2023 International Advocacy Sustainable Finance Report, ‘What Credit Unions should know about Sustainable Finance’ which highlights important issues, trends, and recommendations to promote sustainability in the global financial sector; the European Financial Reporting Advisory Group (EFRAG) has published its March 2023 update which summarises public technical discussions held and decisions taken during the month. Read more on these and other developments that may be of interest to members below.  Audit and Assurance  The International Ethics Standards Board for Accountants (IESBA) has released final revisions to the International Code of Ethics for Professional Accountants (including International Independence Standards) to further increase the Code’s robustness and expand its relevance in a world being fundamentally reshaped by rapid technological advancements and accelerating digitalization. Financial Reporting The European Financial Reporting Advisory Group (EFRAG) has published its March 2023 update. This summarises public technical discussions held and decisions taken during the month including the publication of its final comment letter in response to the IASB’s Exposure Draft 2023/1 International Tax Reform – Pillar Two Model Rules (Proposed Amendments to IAS 12). EFRAG has completed its due process regarding the Amendments to IAS 1 Presentation of Financial Statements and has submitted its Endorsement Advice Letter to the European Commission. The amendments to IAS 1, which EFRAG has endorsed, include; Classification of Liabilities as Current or Non-current (January 2020); Classification of Liabilities as Current or Non-current - Deferral of Effective Date (July 2020); and Presentation of Financial Statements: Non-current Liabilities with Covenants (October 2022). Accountancy Europe has issued its response to the IAASB’s consultation on its proposed strategy and work plan for 2024-2027. The IFRS Foundation has published its 2022 Annual Report. The International Sustainability Standards Board (ISSB) has issued its supplementary April 2023 update which highlights preliminary decisions of the ISSB in the month. The IFRS Interpretations Committee (IFRIC) has issued its Q1 2023 podcast. The topics discussed include Definition of a Lease—Substitution Rights (IFRS 16 Leases) and a question relating to Premiums Receivable from an Intermediary (IFRS 17 Insurance Contracts and IFRS 9 Financial Instruments). The International Accounting Standards Board (IASB) has decided to finalise amendments to IAS 12 Income Taxes following the Pillar Two model rules published by the OECD. The amendments will provide temporary relief for companies from having to account for deferred taxes arising from the implementation of the Pillar Two model rules and will introduce targeted disclosures for affected companies. Separately, the FRC has released FRED 83 which proposes a similar exception to be included in FRS 102. Other Areas of Interest   With effect from 23 April 2023, company directors will be required to provide their PPS numbers in order to file certain documents with the Companies Registration Office. One purpose of this important step is to reduce the incidence of companies being incorporated based on false director details. Failure to comply, without just cause, will be a criminal offence. Given the reasons underlying this requirement, the CEA will, as appropriate, take prosecutions where non-compliance comes to our attention. In order to assist company directors in understanding their new obligations, the CEA has prepared an Information Note. The UK Department for Business and Trade have conducted a review to consider how the whistleblowing framework currently operates, including Public Interest Disclosure Act 1998 (PIDA) and subsequent legislative and non-legislative interventions.  It is expected that the research will be concluded by Autumn 2023. The World Council of Credit Unions has recently released its 2023 International Advocacy Sustainable Finance Report, ‘What Credit Unions should know about Sustainable Finance’ which highlights important issues, trends and recommendations to promote sustainability in the global financial sector. The report acknowledges the efforts by regulatory and standard-setting bodies in addressing climate-related financial risks and promoting sustainable finance, emphasizing the importance of proportionality language in regulatory frameworks and considering the unique benefits of the cooperative model of credit unions. The Irish Dept of the Environment Climate and Communications has opened registration for its next sustainable development goals national stakeholder forum in the Aviva Stadium on April 25th. This is a hybrid event. The meeting will focus on Ireland’s 2023 Voluntary National Review (VNR) which is a progress report reviewing a country’s progress towards achieving the Sustainable Development Goals. Go to this page for registration and an agenda will  be posted shortly. Minister of State for Trade Promotion, Digital and Company Regulation, Dara Calleary TD, will later this month launch a public consultation on proposals to enhance the Companies Act 2014.  The Department of Enterprise, Trade and Employment will seek views on a proposed Companies (Corporate Governance, Enforcement and Regulatory Provisions) Bill which will focus primarily on four areas of company law - corporate governance, enforcement, administration and insolvency. The Minister for Finance Michael McGrath today has published the terms of reference for the Department of Finance to conduct a review of Ireland’s funds sector and produce a report ‘Funds Sector 2030: A Framework for Open, Resilient & Developing Markets.’ This body of work will seek to ensure that Ireland maintains its leading position in asset management and funds servicing and that we continue to see support for our national and regional economies. For further technical information and updates please visit the Technical Hub on the Institute website.     

Apr 14, 2023
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Communications
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Brand-building for competitive advantage

Clever branding can mean the difference between success and failure for small businesses competing in a crowded market, writes Gerard Tannam Branding is a tool available to every business. Every type of business can compete for their best customers with a strong brand that influences choice.  Because a smaller business can play to the singular strengths of its brand relationships with customers to distinguish it from others, it can level the playing field with its own competitive advantage. A strong brand is good for business. It provides an advantage over competitors by distinguishing a business from them in a way that matters to customers and influences their choices.  Despite its importance, however, this simple business tool, which is available to every business, is often misunderstood, underestimated, and underused, particularly by smaller companies. ‘Brand’ can be defined in many ways: as a mark of origin or quality, as image or reputation, as a proposition or promise, and even as a badge of community or a shared belief system.   None of these definitions is entirely satisfactory, however. While each definition says something true about what a brand is or can be, none captures the part a brand plays in choice. A definition of brand As well as being a tool that businesses use to influence choice, brand is also the tool that customers use to make their choices and reassure themselves that they are correct.  When customers are spoilt for choice or do not have the time or inclination to analyse every buying decision, they often rely on brand to help them choose. And so, the brand tool is used in two different though complementary ways:  a business uses brand to help it become the natural choice of its customers;  its customers use brand to help them make the right choice of product or service.  A brand is a tool that influences choice by reflecting the relationship between buyer and seller and the value they exchange. Marks of quality or identity, such as names, symbols or logos, are means of representing the brand relationship and its value, rather than being the brand. Wedding rings, for example, symbolise a relationship (marriage) between two people – they are not the relationship itself.  The brand bridge To understand brand and how it works, consider the relationship between buyer and seller as a ‘bridge’. Just as a bridge is designed to enable people to cross over safely, quickly, and easily from one side to the other, a brand bridge enables people to exchange value safely, quickly, and easily. The two-way traffic on the bridge of give-and-take between buyer and seller suggests a partnership of equals, both of whom want something the other has and must agree on the value to be exchanged through the transaction. Brand bridges are more handshake than arm wrestle, a basis for good and sustainable business. A definition of branding Defining brand as a tool for business leads to a definition of ‘branding’ as the influencing of choice by building a relationship between buyer and seller based on the value they exchange. A brand relationship establishes a connection between a business and its customers around the value each understands the other is offering.  Branding involves putting the brand relationship to work to build and maintain the commercial relationship with existing customers and turn potential buyers into new customers. Why branding matters to small businesses Success in business comes down to an ability to influence choice. A superior product or service only takes a business so far.  Many hardworking businesses have brought an exceptional offering to market and failed. To be successful, a business must influence enough of the right kind of customer to choose what it brings to market. Brand relationship plays a critical role in the choices customers make. Even in a busy marketplace, where customers are spoilt for choice, a strongly branded business can lead its market and command a premium for its product or service.  Every business has a brand, strong or weak. The brand’s strength or weakness results from actions taken by the business in building the relationship with its customers.  A strong brand is especially important for small businesses, which are unlikely to have the spending power or marketing resources available to larger competitors.  The smaller business can play to the strengths of its brand relationship with its customers to distinguish it from other businesses in the marketplace, and so level the playing field.  Five steps to defining a brand 1. Define the value to be exchanged The value to be realised through the brand relationship is not set by one side or the other but must be agreed. For any relationship to work both parties must continue to see and realise its value.  However, while the brand relationship is defined by the value sought by the buyer and offered by the seller, this must at least match the seller’s asking price for the exchange to work.  The asking price, which the business requires for the exchange to be profitable, is a useful starting point for defining value.  This is typically based on the costs of the resources the business must invest in the relationship, plus its margin or premium.  Then the business considers how the customer is likely to rate the benefits on offer, if this accumulated value matches or tops the asking price, and whether they are likely to  pay it.  2. Identify and target the ‘best customer’ For the brand relationship to work, it is vital that the business carefully chooses the type of customer with whom it and its value proposition are best matched.  When business development lacks focus, a business will attract a wide variety of prospective customers, some well matched with it, but many not.  A business that deals with too broad a mix of customers will struggle to profitably realise the value in many of its individual transactions.  A well-matched or ‘best customer’, on the other hand, will add predictable and significant value to the exchange and deliver the premium that the business needs. Your best customer:  needs what you have to offer, considers it essential;  wants what you are offering, finds it highly desirable; values what you offer, prioritises it above all others; engages fully with all of the elements of your offering, not just its purchase; can pay for it (an ability not confined to affordability). 3. Identify and fix the customer’s ‘key problem’ People buy from other people to fix what they experience as a problem and to enjoy the benefits that result. Potential customers are more likely to be ‘best customers’ when they consider that the product or service offered by a business fixes their key problem. There are two aspects or sides to a customers’ key problems: the practical and the social.  The practical is what the product or service does and the direct, functional benefits it provides, while the social is how the customer relates to others and the world through their choice of that product or service and can be understood in terms of how it makes them feel.   For example, someone is thirsty and buys bottled water. Any bottled water will do. Another customer is thirsty but is concerned that many bottled water products use irreplaceable natural resources.  They choose a brand of water that is carbon-neutral with recycled packaging. The business with the sustainable brand has found its best customer; the customer has used brand value to meet all their needs and fix their problem. 4. Identify and fix both aspects of the key problem More customers are choosing products and services that fix the practical and social aspects of their problems, so it is important that a business identifies both aspects and determines the role that it will play in fixing them. This role must go deeper than the complementary role of seller to the customer’s buyer, and deeper too than the functional role played by the business in fixing the practical problem. When the product or service offered by a business is largely the same as that offered by its competitors, it is the role that the business plays in resolving the social aspect of its customer’s key problem that adds real value, and greater profitability, to the transaction. For example, a business owner seeks an accountant to prepare monthly accounts to support their management of the business. Any suitably qualified accountant can answer this practical aspect of the business owner’s problem.  However, the owner struggles to make sense of how accounts relate to their business and can feel overwhelmed and helpless.  They will choose an accountant that fixes this personal (social) part of the problem, guiding and advising the owner to help them to understand the numbers and the performance of their business. 5. Provide information required for the buying decision When customers are considering which product or service to choose, they will search for some or all of 10 types of information about how a business solves their key problem: Attraction – ‘What is it about this offer that appeals to me?’ Engagement – ‘What tells me that it is right for me?’ Demonstration – ‘How does this offer work?’ Sample – ‘How can I try it for myself?’ Testimonial – ‘Who else has benefitted from this offer?’ Proposition – ‘How do I take up this offer?’ Delivery – ‘How is this offer provided to me?’ Support – ‘How will you help me make the most of it?’ Recovery – ‘What will you do to help me if something goes wrong?’ Feedback – ‘How will I let you know what I think of your offer?’ Final word When the success of a business depends on the effectiveness of its brand in influencing choice, building brand relationships should not be left to chance.  Branding is a tool available to every business. Every type of business can compete for their best customers with a strong brand that influences choice.  Because a smaller business can play to the singular strengths of its brand relationships with customers to distinguish it from others, it can level the playing field with its own competitive advantage.   Gerard Tannam is founder of Islandbridge, a brand planning and strategic development company

Apr 11, 2023
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FRC issues FRED 83

The Financial Reporting Council has released FRED 83-Draft amendments to FRS 102 The Financial Reporting Standard applicable in the UK and Republic of Ireland – International tax reform – Pillar Two model rules. This FRED proposes to introduce a temporary exception to the accounting for deferred taxes arising from the implementation of the Pillar Two model rules, alongside targeted disclosure requirements. A small amount of FRS 102 preparers are likely to be impacted by the Pillar Two model rules and FRED 83 is based on a similar proposal issued by the IASB relating to IAS 12. The shorter than normal consultation period remains open until 24 May, with the FRC planning to finalise any resulting amendments in summer 2023.

Apr 05, 2023
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Technical Roundup 31 March

Welcome to this week’s Technical Roundup.  In developments this week, the Financial Reporting Council has published its latest 3-Year Plan, outlining its priorities and objectives for the period 2023-2026; the Financial Conduct Authority in the UK has recently published a useful page on Cryptoasset AML/CTF regime: feedback on good and poor quality applications under money laundering regulations. Read more on these and other developments that may be of interest to members below.  Audit and Assurance  The FRC Technology & Digital Hub provides an overview of the FRC's work in this area, including how that work fits into the wider FRC strategy, links to publications and information on how you can get involved in their work.  The International Ethics Standards Board for Accountants (IESBA) and International Auditing and Assurance Standards Board (IAASB) welcome the report released today by the International Organization of Securities Commissions (IOSCO) on developing a global assurance framework for sustainability-related corporate reporting. The IOSCO report reflects extensive research and feedback from key stakeholders. The report calls for timely development of ethics and assurance standards for sustainability reporting by the IESBA and the IAASB, respectively.    Accountancy Europe has published a briefing paper which aims to contribute to the debate focusing on the aspect of auditor choice in the PIE market.  Accounting  IAASA has published a paper entitled “IFRS 13 Fair Value Measurement – information requests”. The purpose of this publication is to provide preparers, auditors, and users of financial statements with information to encourage discussion and stimulate debate as to whether or not issuers have adequately considered the requirements of IFRS 13 Fair Value Measurement in preparing periodic financial statements. In this paper, IAASA has published a selection of the IFRS 13 information requests that it has made to issuers during previous financial statement examination cycles.  The European Financial Reporting Advisory Group (EFRAG) has approved the composition of the ESRS Digital Reporting Consultative Forum and Digital Reporting Community. The Consultative Forum will discuss digital reporting aspects of sustainability reporting.  Commissioner Mairead McGuinness has publicly called on EFRAG to prioritise its efforts on capacity building for the implementation of the first set of ESRS over the preparatory work for the draft sector-specific standards.  The March 2023 IASB podcast is now available.  This month's edition includes topics on: initial discussions on a new project added to the work plan about Climate-related Risks in the Financial Statements; progress in developing a Request for Information on the Post-implementation Review of IFRS 15 Revenue from Contracts with Customers.  The UK Endorsement Board (UKEB) has published its 2023/24 regulatory strategy. This sets out year two of the UKEB’s three year strategy. The UKEB have noted that their focus for the forthcoming year will be “to maintain the momentum of the past year’s achievements in influencing the development of high-quality international accounting standards that promote the UK public good by ensuring transparency and comparability of financial information thereby underpinning confidence in the UK’s capital markets”.  The Financial Reporting Council (FRC) has published its latest 3-Year Plan, outlining its priorities and objectives for the period 2023-2026. It gives detailed breakdown of intended expenditure for 2023-24 and a summary of the expected trajectory of overall costs and headcount for the following two years.  Anti-Money laundering/Sanctions  The Irish Minister for Finance announced this week that Ireland will declare its interest in hosting the new EU Anti-Money Laundering Authority (“AMLA”). According to the latest information, Ireland joins nine other EU Member States which have already declared an interest in hosting AMLA – Austria, Belgium, France, Germany, Italy, Latvia, Lithuania, Luxembourg and Spain. A final decision on location is expected later this year. The AMLA will be a significant EU institution, tasked with supervision – either directly or jointly with national supervisors – of entities in the financial services sector in the first instance, but eventually also in the non-financial sector. The supervision will be in respect of the entities’ compliance with anti-money laundering and countering financing of terrorism rules and standards (AMLCFT). You can read more from the Minister’s press announcement here.  In light of the rapid advance in Large Language Models (LLMs) such as ChatGPT, Europol’s Innovation Lab recently organised a number of workshops with subject matter experts from across the organisation to explore how criminals can abuse LLMs, as well as how it may assist investigators in their daily work. It produced the Tech Watch Flash report which readers may find interesting. The report analyses the findings of the sessions and includes key information for law enforcement as they continue to scan for new and emerging technologies that affect their work. It outlines the safety features in ChatGPT but adds that the safeguards, however, can be circumvented fairly easily. It also outlines how it can be used for criminal purposes in fraud, impersonation, and social engineering and cybercrime.  We reported a few weeks ago on the UK Government’s economic crime levy (ECL) to fund the fight against economic crime and that the Financial Conduct Authority has recently announced that it will collect Treasury’s economic crime levy (Anti-Money Laundering) from July 2023. An allocation of £300 million between 2023/24-2025/26 generated from the ECL was confirmed in the House of Lords on 27 March 2023. The funding will be allocated for services such as state of the art technology to analyse and share data on threats, hire of new investigators and training of existing ones, new specialist intelligence teams, officers and new financial investigators to analyse suspicious activity reports and a dedicated team to reform the AML supervisory regime. Also, £20 million will be invested in Companies House and the Insolvency Service to fund the creation of two new intelligence teams and £600,000 to deploy UK experts overseas to raise the global standards on beneficial ownership.  The UK Government recently published its Economic crime plan 2023 to 2026.It is stated to set out what the public and private sectors should do to continue to transform the UK’s response to economic crime. It focuses on achieving tangible outcomes and commits to reducing money laundering and recovering more criminal assets, combatting kleptocracy and driving down sanctions evasion and cutting fraud. You can read the Economic Crime Plan here.   Central Bank of Ireland (CBI)   The Central Bank of Ireland recently published its Service Standards Performance Report for H2 2022. CBI says this report sets out its performance against agreed service standards in respect of authorisation of funds and financial service providers and processing of fitness and probity applications. You can see their useful infographic here and  read the report in full here.  Also this week the CBI published its ninth edition of Financial Conditions of Credit Unions, 2022. You can read the press release here  and the report here. The report provides an update on the financial performance and position of credit unions for the financial year ended 30 September 2022. It also provides sectoral data and commentary and aims to inform credit union boards in carrying out their strategic analysis and decision-making. Remarks by Elaine Byrne, Registrar of Credit Unions, to the CUMA 2023 Spring Conference including remarks on the report, can be read here.   Other Areas of Interest   The Financial Conduct Authority (FCA)  in the UK has recently published a useful page on Cryptoasset AML / CTF regime: feedback on good and poor quality applications under money laundering regulations. It suggests that applicants should read this feedback to help prepare an application for registration.  Ian Drennan, the Chief Executive Officer of the Corporate Enforcement Authority (CEA), has recently said that once the CRO’s strike-off programme resumes, the CEA’s programme of seeking the disqualification of company directors who have allowed companies owing debts to be struck off will, similarly, resume. Disqualification prohibits a person from acting as a company director or secretary, and from acting in the management of a company. Breach of a disqualification is a criminal offence, and the CEA prosecutes people who do that. So, he says, it’s better not to allow a company to be struck off in the first place.  In Companies Office latest news: although we do not yet have sight of the statutory instrument bringing section 35 of the Companies (Corporate Enforcement Authority) Act 2021 into force, the Companies Office latest news states that from 23 April 2023, when filing Forms A1, B1, B10 and B69, company directors will be required to provide their PPS numbers. The Companies Office invites readers to  visit PPSN - FAQ (cro.ie) for more information on this topic. It also includes some information on what to do when a director does not have an Irish PPSN.   For further technical information and updates please visit the Technical Hub on the Institute website.       

Mar 31, 2023
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Technical Roundup 24 March

Welcome to this week’s Technical Roundup.  In developments this week, the Corporate & Insolvency Bar Association is hosting its inaugural annual conference on Friday, 31 March with a drinks reception and dinner taking place after the conference; the European Securities and Markets Authority (ESMA) has sent a letter to the European Parliament and Council raising concerns with proposed changes to the insider list regime in the Markets Abuse Regulation. Read more on these and other developments that may be of interest to members below. Audit and Assurance The FRC has issued guidance for audit firms on eligibility criteria in the context of the firm’s system of quality management and the performance of engagements. ISQM (UK) 1 and ISQM (UK) 2 have been reissued with updated footnotes to reflect this guidance. Insolvency The Revenue Commissioners has recently updated Revenue eBrief No. 69/23 on Examinership Caseworking Guidelines. The updates have been made to reflect recent changes to the Companies (Miscellaneous Provisions) (COVID-19) Act 2020 and the European Union (Preventative Restructuring) Regulations 2022. From 17 April 2023, new creditor winding up petitions may be issued in Northern Ireland for the first time since restrictions were imposed in March 2020.  The following new conditions, which did not exist prior to the pandemic, must now be met – (a) the petition must be in the new standard form; (b) the debt must be based on a Court Judgment; and (c) the statutory demand must be made after 13 March 2023. The Corporate & Insolvency Bar Association is hosting its inaugural annual conference on Friday, 31 March. There will be a drinks reception and dinner taking place after the conference. The conference schedule and booking details are available here. Financial Reporting The International Accounting Standards Board (IASB) has released its March 2023 IFRS for SMEs Accounting Standard Update. The IFRS Interpretations Committee has also released its March 2023 update. The IASB has published an exposure draft proposing amendments to the classification and measurement requirements in IFRS 9 Financial Instruments. The proposed amendments respond to feedback received from a post-implementation review of the classification and measurement requirements in IFRS 9, which concluded in December 2022. The comment period will remain open until 19 July 2023. The IASB has added a project to its work plan to explore whether and how companies can provide better information about climate-related risks in their financial statements. The International Sustainability Standards Board (ISSB) has released its March 2023 update and podcast. The UK Endorsement Board (UKEB) has published a report ‘Accounting for Intangibles: UK Stakeholders’ Views’. It sets out stakeholder views on the accounting for intangibles under international Accounting Standards within the context of the wider economic impact of intangibles in the UK. Sustainability Correspondence in September 2022 from the Financial Conduct Authority (FCA) to benchmark administrators in the UK highlighted the risk of poor disclosures for ESG benchmarks. The FCA said that high quality ESG benchmarks are important to support trust in the market for ESG products and the transition to a net zero economy. The FCA has completed a preliminary review on ESG benchmarks which found that the overall quality of ESG-related disclosures made by benchmark administrators was poor and it has sent a further letter to administrators outlining the issues identified. These include not enough detail on the ESG factors considered in benchmark methodologies and not fully implementing ESG disclosure requirements.  You can read the follow-on correspondence which details the issues here. The FCA has also indicated that it supports regulation of ESG ratings and is  working closely with Government on this. Anti-Money laundering/Sanctions The UK FIU writes that it has updated and redesigned it's 'Requesting A Defence Under POCA and TACT' guidance document, available on the National Crime Agency (NCA) website. This document is intended to inform of the approach when reporters, through submitting a SAR, seek a defence (or ‘consent’) from the NCA to a principal money laundering offence or terrorist financing offence. The UK’s Office of Financial Sanctions Implementation (“OFSI”) recently updated its guidance on monetary penalties and enforcement (the “Guidance”) to set out its enforcement approach in cases involving ownership and control by designated persons. You can read more here. Other Areas of Interest The European Securities and Markets Authority (ESMA), the EU’s financial markets regulator and supervisor, has sent a letter to the European Parliament and Council raising concerns with proposed changes to the insider list regime in the Markets Abuse Regulation. The Department for Communities has  launched a public consultation on a prospective Scheme of Delegation for decisions of the Charity Commission for Northern Ireland.  This consultation is accordance with the Charities Act (Northern Ireland) 2022, which allows that the Department may make a Scheme of Delegation to permit some of the Commission’s decision-making functions to be delegated to staff, as they are in other jurisdictions. Enterprise Ireland is running a series of webinars focusing on competitiveness. They are running from now until October and will cover a range of issues critical to competitiveness including supply chain management, raising finance and digital adoption. There are also three in-person workshops focused on attracting and retaining talent. Click here for more details in Enterprise Ireland press release and here for full details of the webinar series and workshops . The Central Bank (CBI) spoke at a recent event about its 2023 regulatory and supervisory priorities which include continuing to remain vigilant in assessing and managing the financial and operational resilience of firms and enhancing the Bank’s regulatory and supervisory approaches to mitigate risks from the changing financial system .It also referred to continuing vigilance of the financial system, supervising firms’ compliance with anti-money laundering and countering terrorist financing  obligations, detecting and sanctioning market abuse, and enforcing financial sanctions working closely with An Garda Síochána and other relevant bodies in all these areas. CBI recently published its Innovation Hub 2022 update. Established in 2018 it writes; the Innovation Hub gives firms operating in the fintech sector a way to engage with CBI outside of existing formal regulator/firm engagement processes. The crypto/ blockchain sector accounted for 33% of enquiries received last year. You can access the 2022 Innovation Update here. For further technical information and updates please visit the Technical Hub on the Institute website.

Mar 24, 2023
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Technical Roundup 16 March

Welcome to this week’s Technical Roundup.  In developments this week, the Institute’s Financial Reporting Technical Committee has responded to two International Accounting Standards Board (IASB) consultations in the past week. These consultations relate to the IASB’s third edition of the IFRS for SMEs standard and a temporary exception to IAS 12 relating to the potential effects of the OECD’s Pillar Two model rules on the accounting for income taxes. Read more on these and other developments that may be of interest to members below. Insolvency The Corporate & Insolvency Bar Association is hosting its inaugural annual conference on Friday, 31 March. There will be a drinks reception and dinner taking place after the conference. The conference schedule and booking details are available here. Financial Reporting The Institute’s Financial Reporting Technical Committee has responded to two International Accounting Standards Board (IASB) consultations in the past week. These consultations relate to the IASB’s third edition of the IFRS for SMEs standard and a temporary exception to IAS 12 relating to the potential effects of the OECD’s Pillar Two model rules on the accounting for income taxes. The European Financial Reporting Advisory Group (EFRAG) has also issued its response to the above IAS 12 consultation, as have the UK Endorsement Board (UKEB). The UKEB have issued a call for comments on its draft endorsement of two narrow-scope amendments to IAS 1 (Classification of Liabilities as Current or Non-current and Non-current Liabilities with Covenants). Comments are welcomed by the UKEB until 8 June 2023. IAASA has published a summary of the outcomes of its examinations of financial reports completed in 2022. Sustainability The European Financial Reporting Advisory Group has issued a set of Basis for conclusions to compliment the first set of draft European Sustainability Reporting Standards. The Minister for the Environment, Climate and Communications has recently launched a set of statutory guidelines to assist local authorities in preparing local authority climate action plans. Click here to read more details of the guidelines, Technical Annex A - Developing and Implementing the Local Authority Climate Action Plan, Technical Annex B - Climate Change Risk Assessment, Technical Annex C - Climate Mitigation Assessment: Baseline Energy Inventory and Technical Annex D - Decarbonising Zones. Anti-Money laundering/Sanctions The European Parliament recently published a briefing paper “EU sanctions on Russia: Overview, impact, challenges”. In it the briefing deals with a number of areas including EU sanctions on Russia: State of play, Sanction effectiveness: Alignment and enforcement, Economic impact of sanctions and the position of the EU Parliament. It lists the types of sanctions imposed and gives an overview of sanctions. It references the economic impact of sanctions. There is also reference to EU enforcement including the EU proposal for a directive on criminal offences/penalties for violation of EU restrictive measures. It also notes that the tenth package of sanctions introduced a new reporting obligation to ensure the effectiveness of the asset freeze prohibitions. Readers may know that in March 2022, the FATF agreed on tougher global beneficial ownership standards in its revised Recommendation 24. It requires countries to ensure that competent authorities have access to adequate, accurate and up-to-date information on the true owners of companies. The FATF has now updated the guidance that will help countries implement the revised Recommendation 24. It writes that the guidance will help countries identify, design and implement appropriate measures in line with the revised Recommendation 24 to ensure that beneficial ownership information is held by a public authority or body functioning as a beneficial ownership registry, or an alternative mechanism that enables efficient access to the information and will also help countries assess and mitigate the money laundering and terrorist financing risks associated with foreign companies to which their countries are exposed. Click here to read a useful summary page on the guidance and to find a link to the guidance. The Russian Elites, Proxies, and Oligarchs (REPO) Task force was set up shortly following the Russian invasion of Ukraine. It includes various countries and the European Commission. It recently issued a REPO Global Advisory identifying certain typologies of Russian sanctions evasion tactics and issuing recommendations to mitigate the risk of exposure to continued evasion. Typologies identified in the advisory include the use of family members and close associates to ensure continued access and control; the use of complex ownership structures to avoid identification and the use of enablers to avoid involvement and leverage expertise. Read more details in the Advisory on some of these headings and REPO recommendations including following FATF recommendations, complying with AML/CFT laws and regulations and reporting requirements and ensuring that risk assessments are kept up to date. The UK National Crime Agency (NCA) recently issued its latest update of Guidance on submitting better quality suspicious activity reports (SARs). Central Bank of Ireland Following enactment of the Central Bank (Individual Accountability Framework) Act 2023 on 9 March, the Central Bank of Ireland (CBI) has recently launched a three-month consultation on key aspects of the implementation of the Individual Accountability Framework (IAF), including the publication of draft regulations and guidance. Click here to find more information in CBI’s press release. The draft regulations and guidance seek to provide clarity in terms of CBI expectations for the implementation of three aspects of the framework: the Senior Executive Accountability Regime (SEAR), the Conduct Standards and certain aspects of the enhancements to the Fitness & Probity regime. The full consultation paper, draft regulations and draft guidance are available on the CBI’s website. For convenience the links are set out below: Consultation Paper 153 Enhanced governance, performance and accountability in financial services Regulation and Guidance under the Central Bank (Individual Accountability Framework) Act 2023. Draft Regulations Draft Guidance on the Individual Accountability Framework. In relation to changes to CBI enforcement processes, the enhancements to CBI Fitness and Probity investigation, suspension and prohibition processes will be the subject of separate regulations and guidance which will be published once the underlying legal provisions have been brought into effect. As part of CBI’s phased plan, it will launch a second consultation in respect of changes to its Administrative Sanctions procedure later this year. The Central Bank has included information on proposed implementation periods. It says that to ensure a focus by firms on high quality implementation of the framework, the following implementation period timelines are proposed: Conduct Standards including accountability of senior individuals for running their parts of the business effectively to apply from 31 December 2023; Fitness & Probity Regime - Certification and inclusion of Holding Companies to apply from 31 December 2023; Regulations prescribing responsibilities of different roles and requirements on firms to clearly set out allocation of those responsibilities and decision making to apply to in-scope firms from 1 July 2024. The consultation will remain open for 3 months from 13 March 2023 to 13 June 2023. Responses should be addressed to IAFconsultation@centralbank.ie. and the following subject heading should be included in the email.  “Consultation Paper on the Individual Accountability Framework”. In other CBI news, its Consumer Protection Outlook Report 2023 was published recently. It outlines five key drivers of consumer risk for consumers of financial services in Ireland in this changing and challenging economic environment. Click here to read about them and for a helpful infographic on the subject. CBI has also advertised that it will publish Guidance for (Re)Insurance Undertakings on Climate Change Risk on its website on Thu 16th March and we will provide that link when available. The Pensions Authority and other pension matters The Pensions Authority this week published updated guidance for determining assumptions used in pension benefit statements, as required under regulation 34(4) of the European Union (Occupational Pension Schemes) Regulations 2021. The update maintains consistency with recently revised guidance from the Society of Actuaries in Ireland in relation to pension projections. The latest version of the guidance is available on the pension benefit statement projection assumptions page of the Authority’s website. Also this week the Pensions Authority issued a summary of its regulatory activity for 2022 which you can read here. Readers should take note of an important issue about which the Law Society of Ireland has recently alerted the Pensions Authority and legal practitioners. It relates to the serious effect of new EU pension legislation on death-in-service benefits for former spouses. Please click here for a link to the Law Society’s website which provides the background. In summary the arising issue means that no payment will be made to the beneficiary of a Contingent Benefit Pension Adjustment Order on the death in service of a member of a scheme which has moved to a Master Trust. The Law Society has met with the Irish Pensions Authority and believes that the issue is of such severity that emergency legislation is required. It has also issued a bulletin to practitioners and made available a letter it wrote to the Pensions Authority both of which readers can access by following the above link to its website. Anyone who may potentially be affected by this issue should contact their pension and /or other professional adviser for further advice. Other Areas of Interest The Irish Dept. of Finance recently launched the 1st Action Plan from the updated Ireland for Finance strategy. The strategy sets out the key measures that the public and private stakeholders will take this year to support the further development of the international financial services sector in Ireland. Click here for a press release from the minister of state for financial services credit unions and insurance and here for the Update to Ireland for Finance The strategy for the development of Ireland’s international financial services sector, extended to 2026 Action Plan 2023. The Department of Enterprise, Trade and Employment the national competent authority in Ireland with responsibility for enforcing national and EU controls on the export of sensitive items will host an online event for business and industry representatives about export control compliance inspections on 24 March 2023. These controls form part of a global framework designed to prevent the proliferation of weapons of mass destruction, to preserve regional stability and to protect human rights. Click here to find out more on DETE’s website including examples of sensitive items subject to export control and how to register for the event. The DETE have issued their March Enterprise Newsletter which outlines current applications open re Disruptive Technologies Innovation Fund and Enterprise Ireland’s €63 million in funding programmes. For further technical information and updates please visit the Technical Hub on the Institute website.  

Mar 16, 2023
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Brexit
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EU exit bulletin , Thursday 16 March 2023

In this week’s EU exit bulletin, we bring you the latest guidance updates and publications relevant to EU exit. The most recent Trader Support Service bulletin is also available and HMRC has sent an email about the impact of industrial action on 15 March on goods movements. Miscellaneous updated guidance etc. The latest guidance updates, and publications relevant to EU exit are as follows:- Apply for a certificate confirming an employee pays UK National Insurance when working abroad (CA3822); Check simplified procedure value rates for fresh fruit and vegetables; High risk food and feed of non-animal origin (HRFNAO): official certificates; Apply for approval to be part of the Registered Consignee scheme in Northern Ireland; Apply for approval to be a tax representative in Northern Ireland; Apply for an Advance Origin Ruling; External temporary storage facilities codes for Data Element 5/23 of the Customs Declaration Service; Notices made and draft notices to be made under the Taxation (Cross-border Trade) Act 2018; Data Element 2/3 Documents and Other Reference Codes (National) of the Customs Declaration Service (CDS); Customs Declaration Service communication pack; External temporary storage facilities codes for Data Element 5/23 of the Customs Declaration Service; Authorised Consignee Temporary Storage (ACTS) location codes for Data Element 5/23 of the Customs Declaration Service; and Manually arrive your goods in the UK.    

Mar 15, 2023
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FATF- global beneficial ownership standards

Readers may know that in March 2022, the FATF agreed on tougher global beneficial ownership standards in its revised Recommendation 24. It requires countries to ensure that competent authorities have access to adequate, accurate and up-to-date information on the true owners of companies. The FATF has now updated the guidance that will help countries implement the revised Recommendation 24. It writes that the guidance will help countries identify, design and implement appropriate measures in line with the revised Recommendation 24 to ensure that beneficial ownership information is held by a public authority or body functioning as a beneficial ownership registry, or an alternative mechanism that enables efficient access to the information and will also help countries assess and mitigate the money laundering and terrorist financing risks associated with foreign companies to which their countries are exposed. Click here to read a useful summary page on the guidance and to find a link to the guidance. This information is provided as resources and information only and nothing in these pages purports to provide professional advice or definitive legal interpretation(s) or opinion(s) on the applicable legislation or legal or other matters referred to in the pages. If the reader is in doubt on any matter in this complex area further legal or other advice must be obtained. While every reasonable care has been taken by the Institute in the preparation of these pages, we do not guarantee the accuracy or veracity of any resource, guidance, information or opinion, or the appropriateness, suitability or applicability of any practice or procedure contained therein. The Institute is not responsible for any errors or omissions or for the results obtained from the use of the resources or information contained in these pages.

Mar 13, 2023
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Sustainability
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EFRAG releases educational videos on the ESRSs

The European Financial Reporting Advisory Group (EFRAG) has released a series of 20 educational videos on the first set of draft European Sustainability Reporting Standards (ESRSs). These videos provide some useful guidance in the form of short "glimpses" and longer "educational sessions" which will help viewers gain an understanding of the requirements as set out in the ESRSs. The ESRSs , which were subject to public consultation in 2022 set out the sustainability reporting requirements which will be phased in over time for different kinds of companies, with the first reporters doing so for years commencing on or after 1 January 2024.

Mar 07, 2023
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Technical Roundup 3 March

Welcome to this week’s Technical Roundup.  In developments this week, the CCAB-I Insolvency Committee has recently made a submission to the Department of Enterprise, Trade and Employment on their call for views in response to the proposal for an EU directive harmonising certain aspects of insolvency law; the Financial Action Task Force (FATF), the global money laundering and terrorist financing watchdog, held its plenary meeting on 22/24 February and has now published the outcomes on its website. Read more on these and other developments that may be of interest to members below. Audit and Assurance The Irish Auditing and Accounting Supervisory Authority (IAASA) has published its 2021 Annual Audit Programme and Activity Report. This report provides a summary of the activities performed by IAASA during 2021 to oversee the audit profession in Ireland. The report outlines the outcome of IAASA’s quality assurance review of auditors of public–interest entities as well as IAASA’s oversight of the recognised accountancy bodies who supervise auditors of other Irish entities. Insolvency The CCAB-I Insolvency Committee has recently made a submission to the Department of Enterprise, Trade and Employment on their call for views in response to the proposal for an EU directive harmonising certain aspects of insolvency law. This submission which is available to read here was generally supportive of further harmonisation of existing avoidance actions across the EU. The Corporate & Insolvency Bar Association is hosting its inaugural annual conference on Friday, 31 March. There will be a drinks reception and dinner taking place after the conference. The conference schedule and booking details are available here. Financial Reporting The Financial Reporting Council (FRC) has published a thematic review on the Big 4 audit firms’ methodology around IFRS 9, focussing on the audit of Expected Credit Losses for larger banks. The European Financial Reporting Advisory Group (EFRAG) has released a report with the key messages and discussion points covered at the January 2023 IFASS (International Forum of Accounting Standard Setters) meeting. The International Accounting Standards Board (IASB) has issued its February 2023 update and monthly podcast. The IFRS Foundation has released its February 2023 monthly news summary which includes details of meetings held, decisions made and activities during the month. The UK Endorsement Board (UKEB) has issued a draft comment letter on the IASB’s exposure draft International Tax Reform – Pillar Two Model Rules. Comments are welcome by the UKEB until close of business on 3 March 2023. Sustainability Momentum builds for corporate ESG disclosure and assurance, yet reporting inconsistencies linger. The largest global companies continue to show momentum on corporate reporting and related assurance involving environmental, social and governance (ESG) issues, according to a new report from the International Federation of Accountants (IFAC) and AICPA & CIMA. Significant hurdles remain, however, when it comes to providing consistent, comparable and high-quality sustainability information for investors and lenders. CDP (Carbon Disclosure Project) Ireland has published its Annual Report 2022 "Alignment of Climate, ESG & Financial Disclosures: Global Sustainability Standards and Regulations align to Provide Greater ESG Transparency and Focus". The report is available at https://lnkd.in/eUr4tsrH and provides insights into how Irish companies are addressing ESG topics.  CDP is a not-for-profit charity that runs the global disclosure system for investors, companies, cities, states and regions to manage their environmental impacts. In Accountancy Europe’s latest article from their ‘Insights from SME accountants’ series, Anton Schmidl and Thomas Wallner from Crowe SOT in Austria discuss how they support SMEs with their sustainable transition, including what auditors and accountants can so to help SMEs. Anti-Money laundering/Sanctions The Financial Action Task Force (FATF), the global money laundering and terrorist financing watchdog, held its plenary meeting on 22/24 February and has now published the outcomes which can be accessed on its website here. These include suspension of Russia's membership of FATF, strategic initiatives on beneficial ownership and dealing with High-risk and other monitored jurisdictions. The European Commission welcomes the Council's adoption of a 10th package of sanctions against Russia and those that support it in its illegal aggression against Ukraine. 24 February marks one year since Russia's full-scale invasion of Ukraine and 9 years since the beginning of Russia's illegal invasion and occupation of Ukrainian territory. This package is turning up the pressure in response to Putin's brutal war, including viciously targeting civilians and critical infrastructure. Other Areas of Interest Decision Support Service It has recently been confirmed that a full commencement of the Assisted Decision-Making (Capacity) Act 2015 will take place on 26 April 2023. The full operationalisation of the Decision Support Service  will then take place when people can interact with the new service. The DSS teams are available to answer any queries in advance of its commencement on 01 2119750 or queries@decisionsupportservice.ie. NI Charity Consultation The Charity Commission for Northern Ireland is developing a new strategic plan alongside a new engagement strategy, both of which are being undertaken following the Independent Review of Charity Regulation commissioned by the Minister for Communities in January 2021. The European Commission published on 15 February a Handbook of good practices in the fight against corruption. The goal of this handbook is to map a variety of anti-corruption practices in EU Member States (MS) that have proved to be useful in solving problems related to corruption, and which can inspire similar initiatives elsewhere. For this purpose, one good anti-corruption practice either established or innovative, with positive impact aspirations in each EU Member State was selected, and clustered into eight types of anti-corruption approaches. Readers may recall our news piece on the publication by the Law Reform Commission of a  consultation paper on liability of clubs, societies and other unincorporated associations. As the consultation paper has generated considerable interest, and to facilitate as many consultees as possible making submissions in response to the questions posed in the consultation paper, the Commission has decided to extend the submission deadline from March 2023 to 15 May 2023. Accountancy Europe has released a factsheet highlighting the main provisions in the OECD Pillar Two GloBE (Global Anti-Base Erosion Rules) proposals. For further technical information and updates please visit the Technical Hub on the Institute website.  

Mar 03, 2023
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Professional Standards
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Regulatory Fees 2023 UK & ROI

Regulatory Fee Invoices  The Regulatory fee invoices for 2023 are available online at the Myaccount portal of the website to view, print and pay.  Remittance should be made by 31 March 2023.  If you prefer a copy invoice to be emailed, please email Sandra.smiley@charteredaccountants.ie quoting your individual/firm ID.   Need assistance?   Please email Sandra.smiley@charteredaccountants.ie with your name and member/firm ID along with the query or changes required.   We will issue a revised invoice if this is appropriate. 

Mar 02, 2023
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