Insolvency Monitoring - Common findings from RoI Visits The Professional Standards Department is hosting two Insolvency related CPD online webinars.   The first online webinar, ‘Insolvency Monitoring - Common findings from RoI Visits’, scheduled for 16 November at 12:00 – 13:00, will focus on the common findings and issues identified during insolvency monitoring visits, which regularly feature in visit reports issued after each visit.  You can register, free of charge, by clicking here. The second online webinar, ‘Insolvency Monitoring - Findings with remuneration approval procedures’, scheduled for 14 December at 12:00 – 13:00, will focus on how to ensure remuneration approval is obtained correctly in accordance with the current legislation and Statement of Insolvency Practice S9B. You can register, free of charge, by clicking here. These webinars are hosted by Professional Standards and are both free of charge.  They are designed for all Insolvency Practising Certificate (IPC) Holders and aim to help prepare for future visits and to give practical advice on the most common areas of weakness found during insolvency visits. We would encourage all IPC holders to attend both webinars as practical updates to processes and procedures will be covered to ensure full compliance with legislation, regulations and SIPs moving forward. Members can claim 1 hour structured CPD per webinar

Your Individual Annual Return 2020 is available for completion online.  Please be reminded that this is due to be submitted by 30 October 2020.Click here for your Individual Annual Return.We appreciate that this is a difficult period for members due to the Coronavirus and that members will be prioritising matters differently than they would in normal times. If unable to meet this timescale please contact Individual Annual Return.

The UK Government has announced its intention to use the power in the Corporate Insolvency and Governance Act 2020 to require independent scrutiny of pre-pack sales in administration to connected parties. The Pre-Pack Sales in Administration Report sets out the findings and recommendations of a review of pre-packs carried out by Government primarily focussing on whether or not to regulate or ban sales in administrations to connected persons. Published with this report are the draft regulations , which Government intends to lay before Parliament. A summary of the proposed regulatory framework is set out below: The regulations will apply where there is a disposal in administration of all or a substantial part of a company’s assets. An administrator will be unable to dispose of property of a company to a person connected with the company within the first eight weeks of the administration without either the approval of creditors or an independent written opinion. The connected party purchaser will be required to obtain the written opinion. The provider of the opinion must be independent of the connected party purchaser, the company and the administrator and must meet certain eligibility requirements. The administrator must have no reason to believe that the opinion provider is not independent of the connected party or does not meet the eligibility requirements. The opinion provider will provide a written report to state that either the case is made for the disposal or that the case is not made. A connected party purchaser may obtain more than one report. An administrator must consider a report from an opinion provider. Where a report states that the case is not made for the disposal, an administrator can still proceed with the disposal but will be required to provide a statement setting out the reasons for doing so. An administrator will be required to send a copy of the report(s) to creditors of the company and to Companies House.

UK Financial Intelligence Unit invites you to a Webinar on the use of Glossary Codes when submitting a SAR, on Wednesday 14 October 2020 at 2pm. We strongly recommend that you join this webinar.   On Wednesday 14th October at 2pm the UKFIU will be hosting a SAR Glossary Codes Webinar – the benefits to the SAR Regime. Topics to be covered: Key benefits of using glossary codes Overview of the main glossary codes used How SARs are fast tracked - Denise Napper, Head of SARs Enquiry Action Team Reporter view of good use of glossary codes Q&A Session While the event is aimed at UK SAR reporters/supervisors, it is open to anyone with an interest in the topic. Please email UK Financial Intelligence Unit to request an invite before close of play 13/10/2020.

Chartered Accountants Ireland is pleased to announce the publication of the draft AML Guidance for the accountancy sector.This is draft guidance pending approval from HM Treasury. This guidance is based on the law and regulations as of 10 January 2020 – this incorporates amendments required as a result of the UK’s transposition of the 5th Money Laundering Directive. A brief overview of the main changes is available here.

Our Individual Annual Return 2020 is available for completion online.  Please ensure it is submitted by 30 October 2020.Click here for your Individual Annual Return.

The Government has just issued a Consultation on the new Economic Crime Levy announced in the March 2020 Budget. The levy will fund new government action to tackle money laundering, and help deliver the reforms committed to in the 2019 Economic Crime Plan.  The consultation seeks views on what the levy will pay for, how it should be calculated and distributed across the anti-money laundering (AML) regulated sector, and how the levy should be collected. The closing date for responses is 13th October 2020.

On 31 January 2020 the UK left the EU in accordance with the terms of the withdrawal agreement and entered a period of transition until 31 December 2020.  This provided a short period of certainty for audit registrations in Ireland and the UK which continue uninterrupted by Brexit until at least the end of the transition period.  All possibility of an extension of the transition period ended on 30 June 2020 when that date passed without the UK government seeking any such extension from the EU.  As yet another key Brexit date approaches on 31 December 2020, auditors in Ireland and the UK need to be aware of the possible scenarios which might arise in relation to audit registration after the transition period. UK audit registration – after the Brexit transition period After 31 December 2020, audit registration in the UK will continue without interruption for individual statutory auditors (responsible individuals) registered by Chartered Accountants Ireland given the status of the Institute as a Recognised Supervisory Body (‘RSB’) in the UK, regardless of whether the responsible individual is based in the UK or Ireland.  There will be no change to the UK audit registration of the majority of audit firms registered in the UK by Chartered Accountants Ireland regardless of whether the audit firm is based in Ireland of the UK.  Audit firms currently registered in the UK by Chartered Accountants Ireland can retain UK audit registration after 31 December 2020 if the UK firm ownership rules are met.  The ownership rules for a UK registered audit firm after 31 December 2020 will require that the majority of the voting rights on the ownership body and management body of the firm are held by: Individuals holding an audit qualification from a UK RSB (including Chartered Accountants Ireland) Audit firms approved by a UK RSB (including Chartered Accountants Ireland) Individuals who hold EEA qualifications, who have passed or applied to sit a relevant aptitude test by 31 December 2020 The change in the ownership rules impacts firms who count EEA qualified auditors (who are not qualified by a UK RSB) and EEA audit firms in their majority of qualified owners and managers.  From 1 January 2021 the qualified majority of owners and managers can only include EEA auditors (who are not qualified by a UK RSB) if the EEA auditors have applied for, or passed, a relevant aptitude test before 31 December 2020. Irish audit registration – after the Brexit transition period In advance of the original Brexit deadline of March 2019, the Institute shared [1] with its audit registered firms advice received from the Irish government and the Irish Auditing and Accounting Supervisory Authority (‘IAASA’) that auditors who are considered to be ‘UK based’ (we are still seeking clarification as to what this term means) would not be eligible to retain Irish audit registration in the event of a ‘hard’ Brexit.  Unless a Brexit agreement, addressing audit registration in Ireland, is reached by 31 December 2020 auditors will effectively be facing a ‘hard’ Brexit scenario with regards to Irish audit registration on that date. On the basis of legal advice taken by the Institute, the Institute considers that it is not legally empowered to remove auditors from the Irish audit register at the end of the transition period. Therefore, as things stand at the time of writing, the Institute does not intend to remove auditors from the Irish audit register on 31 December 2020 or thereafter.   Audit firms should be aware, however, that if there is a relevant change in Irish company law or a legally binding regulatory instruction to the Institute in that regard, the Institute may have no choice but to withdraw the Irish audit registration of auditors, and therefore audit firms, who are considered to be ‘UK based’.  Re-registration The Institute has been working with relevant stakeholders to explore ways to facilitate re-registration in Ireland of ‘UK based’ auditors in the event that circumstances change such that these auditors are removed from the Irish audit register as a consequence of Brexit and corresponding changes in Irish company law.  In those circumstances ‘UK based’ auditors would be considered to be third country auditors from an Irish perspective. The Companies Act 2014 in Ireland provides for the approval of third country auditors as Irish statutory auditors where certain criteria are met.  These criteria include the existence of reciprocal arrangements regarding auditor approval between Ireland and the third country concerned as well as the completion of an aptitude test by the third country auditor.  The Companies Act 2014 also allows for exemption from that aptitude test to be granted in certain circumstances.  We understand that IAASA and the Financial Reporting Council (‘FRC’) in the UK are working on developing reciprocal arrangements which would support the operation of a regime in Ireland for approving third country auditors from the UK.   The Institute currently administers an aptitude test for third country auditors and is engaging with IAASA in relation to guidelines for granting exemptions from the aptitude test. Statutory audit firms – Irish audit registration In Ireland, a firm’s audit registration is dependent on the firm’s compliance with the eligibility criteria set out in section 1473 of the Companies Act 2014 and reflected in the Institute’s Audit Regulations at chapter 2.   Audit firms with Irish audit registration will need to be cognisant of possible implications for their compliance with those eligibility criteria should it transpire that events related to Brexit as described above impact on the eligibility for responsible individual (‘RI’) status in Ireland for those signing audit reports for Irish registered companies and for audit approval of individuals in the ownership and management structure of the firm. What does this mean for a ‘UK-based’ audit firms registered by the Institute? If you are a an audit firm included on the Irish audit register by the Institute and are based in the UK, the following is relevant: The Institute does not currently expect to withdraw your Irish audit registration on 31 December 2020 as a consequence of Brexit. The Institute may nonetheless be forced, by a change in Irish company law or a regulatory instruction, to withdraw your Irish audit registration some time after 31 December 2020. If your Irish audit registration is withdrawn as a consequence of the circumstances above, you will be able to apply for re-registration in Ireland.Re-registration of an audit firm would require the approval as third country auditors of the firm’s responsible individuals signing Irish audit reports as well as ensuring that the ownership structure of the firm is composed of the appropriate number of individuals eligible for approval in Ireland. All third country auditor applicants must either sit and pass an aptitude test or be granted an exemption from that aptitude test.The aptitude test consists of two exams being corporate and business law and tax law as they pertain to statutory audit in Ireland. It is likely that exemption from the aptitude test could only be granted to third country auditors who can demonstrate that they have sufficient recent experience of performing Irish audit work and have undertaken appropriate Irish relevant audit CPD. It is important to note that it is not clear to the Institute what factors determine whether an auditor is ‘UK based’ (for example residential address of the firm’s partners or responsible individuals? business address of the firm?).We have raised a number of queries with IAASA in this regard. What next? Unfortunately the uncertainties created by Brexit in recent years remain unresolved.  The Institute continues to engage with government departments in Ireland and the UK, with IAASA and the FRC and with other recognised accountancy bodies to prepare for the possible outcomes of Brexit with regard to audit registration.   The Professional Standards Department will keep audit compliance principals informed of any developments arising. Auditors and audit firms who may be ‘UK based’ and who currently undertake Irish audit engagements should continue to be mindful of the possible implications of Brexit for their audit registration in Ireland and plan for scenarios that may arise for auditors and their Irish clients in 2021. Further information – Accountancy Ireland Podcast Listen here. 1] Letters to audit compliance principals in November 2018 and again in February 2019.  Regulatory Bulletin February 2019 

The thirteenth Annual Report of CARB has now been published.  The CARB Annual Report 2019 can be downloaded via the following link: CARB Annual Report 2019.

The Corporate Insolvency and Governance Bill is likely to receive Royal Assent on 26th June 2020. The Bill, once it has been made law, will introduce the biggest reforms to the UK’s insolvency framework for almost 20 years. This emergency legislation will:  introduce new corporate restructuring tools to the insolvency and restructuring regime to give companies the breathing space and tools required to maximise their chance of survival during these uncertain times;  temporarily suspend parts of insolvency law to support directors to continue trading through the emergency without the threat of personal liability for wrongful trading and to protect companies from creditor action;  amend Company Law and other legislation to provide companies and other bodies with temporary easements on company filing and annual general meetings.  Although this new legislation is primarily of relevance to Insolvency Practitioners, members in practice are also encouraged to participate in the webinars. Joint virtual training events have been organised for:  30th June to talk about the corporate governance changes being introduced by the Bill; and  7th July to talk about the insolvency aspects of the new Bill.  These webinars are FREE and available to both R3 members and Non-members, but you must register.    For more information on key speakers and how to register please see links below.  30th June Corporate Governance  7th July Corporate Insolvency 

At its meeting on 22nd May 2020, the Institute Council consented to the merging of the responsibilities of the Regulatory Policy Board and the Chartered Accountants Regulatory Board (CARB) into a single Board – the Professional Standards Board (‘the PSB’). The PSB will assume responsibility for the development and approval of relevant Bye-laws, Regulations, and associated policies and guidance which underpin the Institute’s regulatory and disciplinary obligations and for oversight of the Professional Standard Department.  This move marks the end of the process of reforming the Institute’s regulatory governance structures to reflect changes in responses to changes in the external environment govern regulation of the profession. Over the coming weeks and months, changes will be made to the PSD pages of the Institute website and documentation to reflect these changes. The Regulatory Policy Board and CARB Board have now ceased, with the new PSB commencing on 22nd May 2020.

The new Insolvency Code of Ethics has now been approved by IAASA and will be effective from 8 June 2020. The Insolvency Code of Ethics constitutes Part 5 of the Code of Ethics for members of Chartered Accountants Ireland and replaces Part D of the previous Code of Ethics.  Parts 1 to 4 of the revised Code of Ethics are effective since 1 March 2020.  The full Code of Ethics (Parts 1-5) are available to read in the Ethics Resource Centre. The code has been updated following a consultation on possible revisions and to adopt the drafting format used by the International Ethics Standards Board for Accountants (IESBA). The accountancy Recognised Professional Bodies (RPBs) use the IESBA approach in their main ethical codes. What is different? The new format differentiates between requirements (identified by an R) and application material (identified by an A). There is an entirely new section on the insolvency practitioner as an employee which emphasises that an insolvency practitioner is required to comply with the Insolvency Code of Ethics irrespective of their status within a firm. The sections on obtaining specialist advice and services, agencies and referrals, referral fees and commission and inducements have all been expanded. There is a new section on Responding to non-compliance with laws and regulations based on IESBA material. There are new examples specific to the Republic of Ireland. Although the new Insolvency Code of Ethics does look a little different, the fundamental principles of integrity, objectivity, professional competence and due care, confidentiality and professional behaviour remain as the key concepts in the code.

The UKFIU has implemented three new SAR Glossary Codes for MLROs as a result of the increased threat posed by organised crime groups (OCGs) seeking to exploit the COVID-19 situation by means of fraud. The Glossary Codes Note document can be found on the NCA website, also included at the below link; https://www.nationalcrimeagency.gov.uk/who-we-are/publications/443-sar-glossary-codes-note-april-2020/file The Glossary Codes and Reporting Routes document can be found on the NCA website also included at the below link; https://www.nationalcrimeagency.gov.uk/who-we-are/publications/442-sar-glossary-codes-and-reporting-routes-april-2020/file     

Our 25th edition of the Regulatory Bulletin is now available. For previous issues, please see our Archive folder.

The Joint Insolvency Committee (JIC) is consulting on changes to Statement of Insolvency Practice 3.2 - Company voluntary arrangements, Statement of Insolvency Practice 3.1 - Individual voluntary arrangements, Statement of Insolvency Practice 9 - Payments to insolvency office holders and their associates and Statement of Insolvency Practice 7 - Presentation of financial information in insolvency proceedings. READ MORE

Chartered Accountants Ireland, in conjunction with CCAB, has published Covid-19 Supplementary AML Guidance – Click on the following link to access - Completion of Client Due Diligence (CDD) during urgent work (Regulation 30 of Money Laundering Regulations 2017).

The current emergency situations in Ireland and the UK undoubtedly give rise to heightened risks and challenges to Institute firms and their compliance with their anti-money laundering (AML) obligations in both jurisdictions. Our colleagues in ICAEW have prepared useful information and guidance on the implications of the COVID-19 situation and AML issues.  While this material is written in a UK context, the guidance it sets out is also relevant to Ireland.  The ICAEW information can be accessed here.

The National Crime Agency (NCA) have uploaded the latest UKFIU SARs In Action magazine.  Click here for access.

  PSD recognises that regulatory compliance and associated issues may not currently be a high priority for firms.  Where firms are involved in specific regulatory or disciplinary processes, the Institute will work with you to find appropriate solutions and agree appropriate timelines for specific matters to be addressed.  We shall be adopting a reasonable and pragmatic approach to this.  Firms that are due a Quality Review visit in the near future will have been notified (or are in the process of being so) of the deferral of such ‘face to face’ visits.  PSD may suggest that such visits be conducted on a desktop or remote basis but only where this is appropriate and with the agreement of the firm.  Changes to authorisations/licensing requirements can be notified to authorisations@charteredaccountants.ie. If possible, please avoid sending in a hard copy.  We will do our best to respond to your queries as soon as possible but please be aware that there are likely to be delays due to the current disruption to normal work practices.  For general regulatory queries or information please email us at professionalstandards@charteredaccountants.ie.  

The UK Money Laundering Regulations (Reg 46(2)) require the Institute to provide an effective mechanism to allow reporting to the Institute of actual or potential breaches of the aml legislation. Should you suspect that a firm supervised by the Institute for aml purposes is not complying with aml legislation you may contact the Institute via the AML Confidential Disclosure Form. You do not have to disclose your personal details, although should the Institute wish to clarify any information, contact details would be helpful. Irish aml legislation does not provide a specific requirement for the Institute to provide a similar mechanism but should  you suspect that a supervised  firm in Ireland is not complying with aml legislation you may also disclose the information via the AML Confidential Disclosure Form. For more information

On 31 January  2020 the UK left the EU under the terms of the withdrawal agreement and commenced a transition period, which is currently expected to end on 31 December 2020.  The FRC and Department for Business, Energy and Industrial Strategy (BEIS) in the UK have published joint letters for accountants and auditors with information regarding auditing, accounting and corporate reporting standards in the UK during the transition period following the UK's exit from the EU.  The letter to auditors confirms that auditors who are members of Chartered Accountants Ireland will continue to have their audit qualification recognised in the UK during and after the transition period as Chartered Accountants Ireland is a professional body recognised in this regard in the UK.  The letters are available to read on the FRC's website here. The Institute is working with the Institute of Chartered Accountants in England and Wales ('ICAEW') and the Institute of Chartered Accountants of Scotland ('ICAS') to develop Audit Regulations which will apply to auditors authorised by members of those bodies in the UK after the transition period.