Welcome to this week’s Technical Roundup.
In developments this week, the European Financial Reporting Advisory Group have issued reports about feedback received from participants during three roundtables held on the International Accounting Standards Board’s tentative decisions to change the Exposure Draft General Presentation and Disclosures; the UK Financial Intelligence Unit, part of the National Crime Agency, has issued its latest Suspicious Activity Reports (SARs) Reporter Booklet highlighting how law enforcement agencies are utilising SAR intelligence to initiate investigations and inform new ones.
Read more on these and other developments that may be of interest to members below.
Auditing
The FRC has published a policy paper that outlines the regulator’s approach to competition in the audit market.
The paper sets out the need for a market that consistently delivers high quality audit and is resilient. It makes clear the need for the package of measures proposed by the Government in its response to the consultation on Restoring Trust in Audit and Corporate Governance.
It also looks at recent developments in the market that suggest that increased competition and choice has more recently tailed off, and that more entities tendering for an auditor are struggling to identify firms willing to bid. The top four audit firms still dominate the market, resulting in limited choices for businesses and ongoing concerns about resilience.
The paper sets out how the FRC is seeking to progress the Government's seven competition policy proposals, and how it proposes to deliver on the operational objective for ARGA to promote effective competition in the market for statutory audit.
The FRC has already started to address issues in the market through measures such as operational separation and its recently published draft standard for audit committees. However, legislation is needed to make a significant difference by providing ARGA the powers to implement all seven proposals.
Financial Reporting
The European Financial Reporting Advisory Group (EFRAG) have issued reports about feedback received from participants during three roundtables held on the International Accounting Standards Board’s (IASB) tentative decisions to change the Exposure Draft General Presentation and Disclosures. The purpose of these roundtables is to assess whether some of the tentative decisions made by the IASB will function as intended and achieve an appropriate balance of cost and benefit.
The IASB has voted to retain an impairment-only approach for goodwill accounting. The IASB will next consider whether to publish these proposals in an exposure draft.
The IASB has proposed accelerated narrow-scope amendments to IAS 12 Income Taxes. This proposes a temporary exception from accounting for deferred taxes arising from the OECD Pillar Two model rules for domestic implementation of a 15% global minimum rate of corporate tax as well as targeted disclosure requirements for affected companies. The IASB expects to publish an exposure draft in January 2023 in relation to this.
The IASB has issued its November 2022 update which highlights preliminary decisions made at its meeting on 22-24 November.
IFAC has issued a new report with insights from its Professional Accountancy Organisation Development and Advisory Group. This discusses how professional accountancy organisations can act today to prepare their current and future members to seize opportunities in emerging trends. The trends discussed include sustainability-related reporting, anti-corruption efforts, sound public financial management and technological change
Insolvency
Earlier this week, the Institute held a webinar on SCARP - what we know so far on with guest speakers Des Gibney of McStay Luby and Hilary Larkin of Mazars. The webinar discussed the SCARP process, how to prepare for it, what to look out for and key matters to be aware of when considering it. It explored some practical issues including how SCARP is working in practice, dealing with creditors and what your balance sheet may look like before entering the process versus afterwards. A recording of the webinar is available here.
The UK Government has recently issued its Statutory Debt Repayment Plan Consultation response which received over 80 responses and raised significant challenges and concerns, relating to both the design of the statutory debt repayment plan (SDRP) and the timing of its implementation. The government has decided not to progress regulation at the moment and will base further decisions on the future of the SDRP on the outcomes of the government’s review of the personal insolvency framework, led by the Insolvency Service. You can read the government’s webpage information here and access the consultation response here.
Anti-money laundering
The UK FIU, part of the National Crime Agency has issued its latest Suspicious Activity Reports (SARs) Reporter Booklet highlighting how law enforcement agencies are utilising SAR intelligence to initiate investigations and inform new ones. The booklet contains case studies and gives a sanitised summary of feedback from law enforcement agencies on their use of SARs and includes pertinent information and updates from the UKFIU. You can access a copy of the booklet here .
Sustainability
The Council of the EU has given its final approval to the Corporate Sustainability Reporting Directive (CSRD). This will replace the current Non - Financial Reporting Directive (NFRD) when it is adopted. The CSRD will for the first time put financial and sustainability reporting on an equal footing and will require companies in scope to report on sustainability matters such as environmental rights, social rights, governance factors and human rights. These in scope companies will be required to disclose information on the impact on society and the environment connected with their own operations and with their value chain.
Read more about it here.
Accountancy Europe have also published a very informative FAQ document which gives a good overview of the directive.
Crypto news
The Deputy Governor of the Bank of England recently gave an interesting speech entitled “Reflections on DeFi [which is decentralised finance, an umbrella term for financial services on public blockchains], digital currencies and regulation”.
In it he referenced the recent crypto turbulence. He said unbacked crypto assets are highly volatile, given that they have no intrinsic value. While crypto was born in unregulated space in recent years it has broadened to encompass a range of financial services. The experience of the past year has demonstrated that it is not a stable ecosystem and is very prone to the risks that regulation in the conventional financial sector is designed to avoid. He still advocates nonetheless to continue to bring these activities and entities within regulation to protect consumers and investors, protect financial stability and to foster innovation. Other parts of his speech reference several consultations next year and their work on the issuance by the Bank of England of a digitally native pound sterling. You can read the full speech here.
Meanwhile the Chief Operating Officer and Executive Director of Authorisations of the UK Financial Conduct Authority (FCA) spoke recently on matters including crypto and its regulation. At present, the FCA’s role is largely limited to making sure that crypto firms that want to register in the UK are abiding by anti-money laundering rules. She said that the FCA found that only 5% of Crypto applications received were of high quality and could demonstrate that they understood the Money Laundering Regulations (MLRs) and how they would meet these. A further 30% needed material extra work. The FCA engaged with the firms to address concerns about capability, business models and controls. Almost half were subsequently registered. The remaining 65% of applications were very poor, and none of the firms were registered. Many could not explain how the MLRs would be satisfied in the business model proposed – some of them even struggled to explain their business models. You can read her speech including the comments on the Crypto sector here.
Other news
Readers may be interested in the Irish Government’s recent agreement to extend the mandate of Local Enterprise Offices (LEOs). They can now go further in helping local job creation by allowing them to provide direct grants to businesses with more than 10 employees operating in the manufacturing and internationally traded services sectors. They are also putting in place the structures to enable a seamless transition from LEO to Enterprise Ireland. The press release says, “The strategy also commits Enterprise Ireland to working with the LEOs, to ensure that companies of all sizes are assisted on their development journey, maximising their growth and job creation potential”. You can read all the details here.
Readers will know that the Irish Charities Regulator recently held its Charity Trustees Week (14-18 November 2022). There are a number of interesting webinar recordings now available on their website: “Money Laundering and Terrorist Financing”, “the Charites Governance Code in Practice “and “an Introduction to Classification”. Click here to go their webpage from where the webinars can be accessed.
Access to the Registry of Beneficial Ownership for Companies (RBO) has been suspended following a recent judgment by the European Court of Justice. The RBO is working on providing access for designated persons. Please see more here.
Readers may find useful a new free data protection guide for NGOs which McCann FitzGerald LLP solicitors recently launched in association with Public Interest Law Alliance (PILA). The guide, which was developed by McCann FitzGerald’s data protection team, provides an overview of data protection law and its application to the charity / not-for-profit sector. You can read more about it and follow a link to download a copy of the guide on the PILA webpage here.
Readers might be aware of a new Consumer Rights Act which was passed by the Irish government this year. It was commenced recently and you can find out more about it on the Competition and Consumer Protection Commission website.
For further technical information and updates please visit the Technical Hub on the Institute website.
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