Institute News
Transcription
Institute News
No94MARCH2009 The Journal of the Institute of Certified Public Accountants of Cyprus www.icpac.org.cy March 2009 - No. 94 ISSN 1450-2380 Editor Ninos Hadjirousos, FCA Deputy Editor T. Anastasiades, B.Sc., M.A. (Econ.) Editorial & Institute Offices 11 µyron Avenue, CY-1096 Nicosia P.O.Box 24935 1355 Nicosia - Cyprus Tel. 22870030 Telefax 22766360 E-mail: [email protected] URL:http/www.icpac.org.cy Accountancy Cyprus is published quarterly by the Institute of Certified Public Accountants of Cyprus and is sent free to all members of the Institute as well as to a large number of other persons, companies, and organizations. The Institute can accept no responsibility for the accuracy of contributed statements or articles appearing in this publication, and any views or opinions expressed are not necessarity endorsed by the Institute, its Council or by the Editors The Institute Council President: Vice President: Secretary: Treasurer: Panikos Tsiailis, FCCA Panicos Charalambous, FCCA Theodoros Parperis, BSc (Econ), ACA * Kyriakos Iordanou, FCCA, MBA, ACIM, CIA * Denotes member not in practice Members Michael Antoniades, BA(Hons), ACA Christis Christoforou, BA(Econ.), FCA, MBIM Demetris Demetriou, FCCA Ninos Hadjirousos, FCA * Demetris Halios, BSc (Acc), CPA * Christodoulos Papas, BA (Hons), MBA, FCCA * Marios Skandalis, FCCA, FIFC, CFC, CFE Nicos Syrimis, FCA Contents Institute News ............................................................................................................................................................ 2 Professional Briefing .................................................. ............................................................................................... 17 The Czech - Cyprus Economic Relations, the Czech Economy and the Czech EU Presidency................................. 29 The International Financial Turmoil and the Economy................................................................................................ 36 Audit challenges in the current volatile economic environment................ .................................................................. 43 The International Economic Crisis leads to the Revival of protectionism................ .................................................... 45 The Management of Monetary Policy ......................................................................................................................... 46 The Bail-out of Banks Internationally .......................................................................................................................... 48 Global Labour mobility still key to business growth plans, finds KPMG International Survey ..................................... 51 Financial Crisis - the response from the European Commission ................................................................................ 53 Central Bank Strategies and the free market.............................................................................................................. 57 Reward Strategy: A barrier or an enabler in managing the economic downturn......................................................... 58 The Excel Wizard ....................................................................................................................................................... 59 Discussion Project on Presentation of financial statements ....................................................................................... 64 Passports for Cash?..................................................................................................................................................... 71 Going concern: More Popular than ever......................................................................................................................... 72 Foreign Employment in Cyprus .................................................................................................................................. 74 “The Audit Monitoring Visit: - Important Considerations”............................................................................................ 78 Are Cyprus group loss relief provisions compatible with European Community Law? - Part 2................................... 80 The Public Sector recognizes the invaluable contribution of its accountants.............................................................. 85 Topgrading: Process used by top companies to hire, coach and keep the best talent................................................ 86 The Public Sector recognizes the invaluable contribution of its accountants.............................................................. 85 Selling Property by Auction......... ............................................................................................................................... 88 Become a Risk Intelligent Enterprise.......................................................................................................................... 91 The Profession of the Statutory Auditors in Bulgaria.................................................................................................. 94 Economic Bulletin......... .............................................................................................................................................. 102 Audit File Review......... .............................................................................................................................................. 106 Board Processes and the Quality of Board Decision making......... ............................................................................. 109 Institute News Institute News COUNCIL’S ACTIVITIES During the 1st quarter of 2009 During the first quarter of 2009 the Council of the Institute met three times and considered matters of interest to ICPAC and to the profession at large. Other activities included the following: On 15 January 2009 Mr. Christos Kyriakides, Senior Officer of the Institute, attended a meeting of the Consultative Committee for the Prevention of Money Laundering and Terrorist Financing, held at MOKAS. On 22 January 2009 Ms Lina Lemessiou, Senior Officer of the Institute, attended a meeting of the FEE Capital Market Sub - Group in Brussels. On 4 February 2009 Mr. Ninos Hadjirousos, Council Member, attended a Council meeting of the Mediterranean Federation of Accountants in Athens. 1. The Committee is currently examining a proposal included in the 8th Directive in relation to predecessor auditors providing access to information to successor auditors. 2. The Committee is currently examining a number of other issues in relation to the application of the IFAC Code of Ethics by the members of ICPAC including the preparation of Frequently Asked Questions on Ethical dilemmas faced by members. Polyvios Polyviou Chairman PUBLIC RELATIONS COMMITTEE During the first quarter of 2009, the Public Relations Committee held three formal meetings and organised the following activities: On 4 March 2009 Mr. Ninos Hadjroussos, Council Member, participated as a speaker on the accounting profession at the Careers Education Fair of the Grammar School in Limassol. On 8 March 2009 Mr. Theodoros Philippou, General Manager of the Institute, attended a meeting of the FEE Council in Brussels. COMMITTEES’ ACTIVITIES During 1st Quarter of 2009 ETHICS & INSTITUTIONS COMMITTEE During the first quarter of 2009 the Ethics and Institutions Committee met three times. Added to these meetings were other informal meeting between various sub-committee members. The main activities of the Committee during this period were as follows: 2 Members of the Public Relations Committee visited Archbishop Makarios III Hospital and made an official delivery of the equipment. On 8 January 2009 and 12 February 2009, the Committee organised monthly gatherings inviting all members of ICPAC at Finbarr’s pub. The attendance was lower than expected due to the fact that the timing of the gatherings coincided with the busy period for the majority of the members. ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Institute News On 5 February 2009, the Committee organised a Quiz night at Blinkers pub. A large numbers of members and friends participated in the event and the evening was considered successful since it gave the attendees the opportunity to compete and enjoy a variety of finger food and drinks. At the end of February 2009, the Committee circulated an invitation to all members informing them that a blood donation group (code ™∂§∫ G-4) had been registered. All members of ICPAC may donate blood anytime during the year at the premises of the Old General Hospital. The registration of the blood donation group is an integral part of ICPAC’s social responsibility programme. On 18 March 2009, the Committee organised a Chinese dinner at China Spice restaurant. The evening had a high participation and was considered successful by the people attended since it gave them the opportunity to meet with other members of ICPAC and friends and enjoy a large variety of Chinese food. The Institute donated a sanction machine to Archbishop Makarios III Hospital which maybe used during the delivery of newborns. Panos Prodromides Chairman STOCK EXCHANGE AND CAPITAL MARKETS COMMITTEE During the first quarter of 2009, the Committee met three times. Added to these meetings, were other meetings between various sub-committees’ members. The main activities of the Committee during the period above were as follows: 1. Meeting with the Chairman and Officials of the Cyprus Stock Exchange and discussion of issues of common interest and recent developments: a. Latest strategic developments b. Semi-Regulated Market c. Market-maker and market liquidity ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 d. Derivative financial instruments and stock lending e. Mutual funds - introduction in Cyprus 2. Follow up on work in progress with regards to the following issues: a. Reviewed the Discussion Papers of the European Commission on amendments of the European Prospectus Directive 2003/71/EC. b. Proposed framework on ‘Semi-Regulated Market’ issued by the Cyprus Stock Exchange. c. Reviewed proposed amendments to the Stock Exchange Law covering Over-the-Counter transactions, CSE fees, taxes on transactions, trading rules etc. 3. Review and submission of comments to the Cyprus Securities and Exchange Commission on the following Consultation Papers: a. CP2008-15 regarding amendments to the Cyprus Securities and Exchange Commission Law. b. CP2009-02 regarding the issue of Directive DI1162005-05 amending the Market Abuse Law. c. CP2009-03 regarding the issue of Directive DI1902007-04 amending the Transparency Law. 4. Carried out maintenance and updated the Committee’s material on the Institute’s website. Demetris Taxitaris Chairman LARNACA - FAMAGUSTA CO-ORDINATING COMMITTEE During the period from the committee carried out the following activities: 1. A Christmas Dinner- Dance in co-operation with the staff of the District Department of Inland Revenue in Larnaca has taken place in Sun Hall Hotel in Larnaca on 9 January 2009 and it was successful. Mr George Poufos the Director of Inland Revenue of Cyprus 3 Institute News participated at the event as guest of honor and shared his thoughts with the participants. 2. In co-operation with the Education Committee of the Institute arranged for a Seminar with subject “Completion of Income Tax Returns” to take place in Larnaca on 9 April 2009. members will be in a position to raise queries and matters for discussion. Under certain circumstances, issues could be directed to a regulator for further guidance. 3. Sent invitations to all the members of the region to meet regularly on the last Friday of each month for a drink. First meeting on 27 March 2009. EU MATTERS COMMITTEE Tasos Michael Chairman Christos Skapoullis Chairman The EU Matters Committee of ICPAC has carried out the following actions in accordance with its terms of reference: ñ ACCOUNTING STANDARDS COMMITTEE During the first quarter of 2009, the Accounting Standards Committee had three formal meetings and a number of sub-committee meetings during which the following actions were taken: ñ ñ 1. The Committee following examination of the accounting, reporting and relevant legal aspects issued Circular No. 40 “Accounting treatment for investments in jointly controlled entities and associates on the basis of the exemptions in Section 142(1)(d) to (f) of the Cyprus Companies Law, Cap. 113. 2. The Committee concluded its examination of the proper format in the case of financial statements of individuals with earnings in excess of CY£40.000. 3. The Committee issued Technical Circular No. 41 “Disclosure of Standards and Interpretations issued by the International Accounting Standards Board but not yet effective”. Continuous follow up on the developments in the EU affecting the accounting profession through research from various sources such as the EU website, the european business and accounting press etc Meeting with the Planning Bureau of Cyprus regarding the organisation of a seminar on the audit of projects funded by the structural funds. Investigation of the possibility of accessing EU funds, through available EU programs, for the benefit of ICPAC and its members, with the assistance of an external counsel. All the committees of ICPAC have been requested to provide their views and proposals on this matter. ñ Preparation of article on the effect of the global financial crisis on bank interest rates in ECB and CBC and action proposed by the European Commission ñ Continuous update of the website of ICPAC Stelios Anastasiou Chairman Maria A. Papacosta Chairwoman CORPORATE GOVERNANCE AND INTERNAL AUDIT COMMITTEE During this period the committee’s efforts were focused in establishing communication channels with stakeholders. During February meetings were held with the Cyprus Stock Exchange (in cooperation with the corresponding Committee) and the Central Bank of Cyprus. Moreover, it has been decided to establish an internet link between ICPAC’s members and the committee through which the 4 LIMASSOL-PAPHOS COORDINATION COMMITTEE. During the period from 1 January 2009 to 31 March 2009 the Limassol-Paphos coordination committee has carried out the following activities: 1. On the 23 of January the committee coordinated a seminar on “Planing and preparation for a VAT purposes audit”. The seminar was held at the Ajax hotel in Limassol. ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Institute News before in the audits to be performed in the current year. In addition the Committee prepared a list of the relevant ISAs and IFRSs that should be covered and communicated such to the Education Committee. The seminar is scheduled to take place during April or May 2009 and will focus on practical issues and possible day to day matters that auditors may face in the current economic environment. Mr. Orphanides delivers his speech 2. On the 28 January the committee organized a dinner with speech on the subject”Global financial turmoil and the economy”. The Guest of honor and speaker was Mr. Athanasios Orphanides, Governor of the Central Bank of Cyprus. The event was attended by more than 230 members and guests and has also received attention from electronic mass media. 3. A subcommittee was formed to liaise with the Public Relations committee in order to organize the Annual Dinner dance of ICPAC. The subcommittee has already taken various actions for the preparation of the event which will take place on 8 May 2009 at Saint Rafael Hotel in Limassol. 2. The Committee considered the provisions of the revised legislation “Law Providing for Transparency Requirements in Relation to Information about Issuers whose Securities are Admitted on a Regulated Market” (109/(I)/2007) and concluded that there were no audit related issues which required any further consideration by the Committee. 3. The Committee continued its monitoring of the EU’s endorsement of new or revised IFRSs and IFRICs as well as of IAASB’s Clarity Project The IAASB has just completed its Clarity Project and the Committee will examine its results in future meetings. Panos Papadopoulos Chairman Charalambos Efstratiou Chairman PUBLIC SECTOR COMMITTEE AUDITING STANDARDS COMMITTEE During the first quarter of 2008, the Auditing Standards Committee held 3 meetings during which: 1. The Committee decided that it would be useful to recommend to the Education Committee the organisation of a seminar on “Auditing in the current economic environment” to provide to members in practice further guidance on the relevant issues and matters that need to be considered much more than ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 The activities of the Public Sector Committee were as follows: 1. Publication of the conclusions of the seminar concerning the “Application of the Principles of Public Governance in the Cyprus Public Sector” organised by the Committee in November 2008. 2. Meeting of representatives of the Committee with the Director of the Department of Public Administration and Personnel to discuss the conclusions of the 7 Institute News aforementioned seminar and the way forward for the preparation and enforcement of a Public Governance Code in Cyprus. 3. Meeting of representatives of the Committee with the Director of the Department of Public Administration and Personnel to discuss various issues concerning qualified accountants employed in the wider public sector. Issues raised included: ñ The requirement, in positions requiring qualified accountants in the public sector, for applicants to be members of ICPAC, ñ The diversity in salary scales between government Departments/ accountants, Services employing qualified ñ The quantification of post-qualification experience of Public Sector Committee. 9. Scheduled meetings with officials of the Government: (i) On the 19 March 2009 representatives of the Committee arranged a meeting with the Commissioner of the Internal Audit Service Mr. Lakis Demetriou and discussion of issues of common interest with special attention to issues concerning qualified accountants employed in the wider public sector and public governance. (ii) On the 20 March 2009 representatives of the Committee arranged a meeting with the Auditor General Mrs. Chrystalla Georgadji and discussion of issues of common interest with special attention to issues concerning qualified accountants employed in the wider public sector and public governance. qualified accountants and, ñ The separation of job descriptions/ recruitment process of qualified accountants and university graduates in government Departments/ Services employing a significant number of qualified accountants. 4. Review of a Discussion Paper on “Accountability and Governance in the Public Sector” issued by the Federation of European Accountants (FEE) for the purpose of providing comments and a description of Public Governance in Cyprus. 5. Responses to FEE Public Sector Committee questionnaires on the subjects of “Financial Crisis and the Public Sector” and “Public Debt and Cash Management”. 6. Update of the Institute’s website with material concerning the Committee’s activities. (iii) On the 26 March 2009 representatives of the Committee arranged a meeting with the Chairman of the Cyprus Securities and Exchange Commission and discussion of issues of common interest with special attention to issues concerning qualified accountants employed in the wider public sector and public governance. (iv) On the 27 March 2009 representatives of the Committee arranged a meeting with the Permanent Secretary of the Ministry of Finance and discussion of issues of common interest with special attention to issues concerning qualified accountants employed in the wider public sector and public governance. Rea Georgiou Chairwoman VAT COMMITTEE 7. Update of the record with the personal data of the ICPAC members who are employed in the public sector. 8. On the 3 March 2009 Mrs Rea Georgiou represented the Institute at a meeting of the FEE (Federation of European Accountants) Public Sector Committee in Brussels. Mrs. Georgiou is the vice chair of the FEE 8 The VAT Committee (Committee) of the Institute of Certified Public Accountants of Cyprus (ICPAC) has undertaken significant tasks during the quarter from December 2008 to February 2009. With the participation of all members of the Committee, a number of meetings were held with certain VAT officers to discuss and resolve a number of important VAT issues. ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Institute News More precisely, during the first quarter the Committee worked on the following issues: 1. Tax Tribunal & expansion of its duties: ICPAC’s subcommittee, responsible for the expansion of the current duties and responsibilities of the Tax Tribunal (∂ÊÔÚÈ·Îfi ™˘Ì‚Ô‡ÏÈÔ), developed an action plan which it believes will speed up the process. The proposed plan prepared by the sub-committee provides suggestion for the preparation and presentation of a study on the role and activities of the Cyprus Tax Tribunal. The study will cover the practices and laws followed in other EU countries and the benefits arising form the use of such tribunals. During each presentation members of the media and political parties will be invited to attend. The Committee will proceed with the materialization of the above action plan following the approval of the Central Committee of ICPAC. 2. VAT status of holding Companies: During a scheduled monthly meeting with the VAT officers, the recently developed practice of certain VAT district offices proceeding with the de-registration from the VAT Register of a number of International Business Entities (IBE’s) was discussed. More precisely, officers from a particular VAT district Office have been recently deregistering IBE’s on the grounds of not maintaining a fully fledged office within the Republic or for not disclosing any income in their quarterly VAT returns. The initial position of the officers in the Department of European matters and VAT treatment in Nicosia’ central offices is that de-registration for any of the above reasons is not justified and a very thorough examination of the facts of each case must be made before rushing to de-register IBE’s. The concept of management and control was discussed and all agreed that this issue should not be ignored in determining whether an IBE is entitled to register for Cyprus VAT purposes. scope of Cyprus VAT and the registered person has an establishment elsewhere and these supplies are included in a VAT return submitted by that establishment, there is no need to include the services in a VAT return submitted by the Cyprus registered person. (b) Where the services are not supplied from another establishment, the outside the scope supplies must be included in the Cyprus VAT return. (c) One of the problems the VAT Office is faced with, are VAT returns which do not show any amounts in any of the boxes of the VAT return submitted except in box 4 which is interpreted as asking for the refund of input VAT without showing any output. It suggested that at least a symbolic amount of outside the scope income is included in the VAT return where input VAT is claimed. 4. Special scheme for broadcasting services and private yachts: The participating VAT officers advised of the VAT Office’s decision to include the scheme under the reduced VAT rate of 5%. The relevant bill has been submitted to the Council of Ministers pending their approval. In an attempt to attract the registration of private yachts in Cyprus, the Committee undertook to assist the VAT office in preparing a proposal to the Council of Ministers. 5. Absorption of European Funds: The Central Committee of ICPAC took the initiative to further investigate the possibility of absorbing European Economic Funds through various EU Programs, with the ultimate intention to meet the direct needs of ICPAC. A suggestion letter was prepared by the Committee and communicated to the ISPAC committee for their consideration. 3. Transactions falling outside the scope of the Cyprus VAT Legislation: Due to the fact that there is great confusion as to whether such transactions should be included in the quarterly VAT return forms, the subcommittee asked for clarifications on the issue. The VAT Office’s position can be summarized as follows: 6. VAT refund claim procedure: During the meeting held with VAT officers on 30/01/2009, it was clarified that VAT refund claims are usually refunded to all entities without any significant delays. The VAT Office’s target is to make refunds within a week from the completion of a VAT inspection (a) Where the supply of goods or services is outside the To expedite the refund process the VAT Office is also ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 9 Institute News working on the electronic submission of Form 4B. implications contained in Circular 127 from the date the circular was circulated (17 February 2009) and not retrospectively. The VAT office has undertaken to examine the suggestion and come back to the subcommittee. The VAT office has undertaken to examine the suggestion and come back to the sub-committee. 7. Meetings with VAT Officers: (7a) Analysis of VAT Circular 127: On 06/02/2009 the VAT Office published Circular 127 on implications arising from the non timely application of the reverse charge procedure. The VAT Office’s position, as expressed in the Circular, has raised serious concerns by the members of the Committee especially on its impact towards International Business Entities. During a meeting held with the VAT office on 3 March 2009, it was suggested to apply the (7b) The 18 month rule in the construction industry: During a meeting held on 5 March 2009, the Committee has decided to make the following suggestions to the VAT Office regarding the application of the above rule: - To differentiate between related and non-related persons; - Where the persons are related the 18 Month rule applies; - Where the persons are not related, if the dispute is referred to court or an arbitrator the 18 month tax point is transferred to the time a decision is reached. The VAT office has undertaken to examine the suggestion and come back to the sub-committee. 8. Analysis of Court Cases: During the Committee’s regular meetings various decisions of the Cyprus High Court and the European Court of Justice on various VAT issues were presented and analyzed by the relevant subcommittee. Charis Charalambous Chairman EDUCATION COMMITTEE ACITIVITIES During the first quarter of A photograph from the seminar on planning for VAT investigation 10 ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Institute News 2. Completing Inland Revenue Tax forms and explaining rules and regulations for deduction of PAYE The seminar was held on 26 March 2009 in Nicosia. This seminar was held in collaboration with the Taxation committee. The purpose of the seminar was to present to the participants the completion of Inland Revenue tax forms I.R.1 and I.R. 4t and explain the rules and regulations for the deduction of PAYE. The seminar was presented by Inland Revenue officials Ms Revecca Menelaou and Mr. Andreas Koulli. The seminar was attended by 123 participants. The above seminar will be repeated on 2 April 2009 in Limassol and 9 April 2009 in Larnaca. A photograph from the seminar on completing Inland Revenue Tax forms 2009, the Committee held three meetings. The following seminars have been organized and presented during this period. 1. Planning for Vat investigation The seminar was held on 22 January 2009 in Nicosia and was repeated on 23 January 2009 in Limassol. The seminar was held in collaboration with the Vat committee. The purpose of the seminar was to present to the participants the preparation of books and records necessary for the investigation by the Vat authorities. The presenters of the seminar were Mr. Harrys Charalambous, Partner of Indirect tax department of KPMG and Ms Florendia Teloni director of Indirect tax department of PWC. The seminar in Nicosia was attended by 80 participants, and in Limassol by 82 participants. ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 The following seminars have been organised to be presented for April 2009 and May 2009. 1. International Standard on Quality Control (ISQC)1 and IFAC Code of Ethics The seminar will be held on 27 April 2009 in Nicosia and 28 April 2009 in Limassol. The seminar will be presented by Mr. Costas Seraphim, Tutor at Cyprus college. 2. Impact of economic crisis in the Audit process The seminar will be held in collaboration with the Auditing Standards Committee on 11 May 2009 in Nicosia and 12 May 2009 in Limassol. The seminar will be presented by Mr. Costas Seraphim. 11 Institute News Several additional seminars are planned for the second quarter of 2009 in Nicosia and Limassol, in accordance with the Action Plan of the Education Committee, with the view of continuing to provide the members of ICPAC with relevant seminars for the purposes of Continuous Professional Education (CPE) and to keep them abreast with recent changes in national and international laws and regulations as well as changes in the profession. indirect effect of the financial crisis as all member states are becoming increasingly sensitive when it comes to expatriation of funds. As far as QIS4 is concerned, it has been agreed that companies may address the QIS4 exercise again using 2008 figures. ñ FEE Correspondence: The committee regularly receives and reviews a number of FEE publications and will begin to post relevant articles on its webpage. Maria Pastellopoulou Chairwoman Marios Anastasiou Chairman FINANCIAL SERVICES COMMITTEE INFORMATION TECHNOLOGY AND BUSINESS CONSULTING COMMITTEE During the first quarter of 2009 the activities of the ICPAC Financial Services Committee (FSC) mainly covered the following: Activities during the period January - March 2009 The activities for each of our three main areas or responsibility were as follow: ñ Risk Matters: Following the ongoing debate on the liquidity position of the Cyprus Financial System, the Committee reviewed in greater detail the issue of securitisation. To that effect the committee requested a meeting with the Governor of the Central Bank of Cyprus and the Minister of Finance in order to have the opportunity to express its views at an early stage and affect the drafting of the relevant legislation. ñ Deposit Protection Scheme: The committee discussed in detail the main controversial issues regarding the contributions made by banking institutions towards the Deposit Protection Scheme and the request to increase the fund from Cyí2mil to Euro 100mil. The main issue of concern is the accounting treatment of the contributions and its effect on banks’ profitability. To that effect a meeting was held with Dr. Michalis Kammas (Association of Cyprus Banks) which has eventually resulted to a revised request from the Fund in such a way that it was allowing the impact to be spread over 5 years. This and other related issues are intended to be discussed at the forthcoming meetings with the Governor of the Central Bank of Cyprus and the Minister of Finance. ñ Solvency II: The committee follows-up on the developments in this area. The issue of Insurance Group Support has been left out of the last proposed Directive as there was disagreement between Member States on the “residency” of the funds. This is an 12 1. Web-Site and ICPAC IT Architecture Administration The members of the Institutes’ Web Page subcommittee have undergone a survey and have prepared a proposal for the Web Administrator regarding the possibility to enhance the web page and allow members to advertise for career opportunities. In addition a proposal was also prepared to enable the committee to advertise accounting and other software on the website rather than issuing on an annual basis our publication. That will allow the software vendors to publicise to the members’ current and relevant information. Both proposals were sent to the website administrator and their quotation has been received and is under examination. The sub-committee is also facilitating with the administrators to change the page editor as editing problems were discovered during the update of the webpage content. In addition, following recent changes in EU guidance for providers of services, the Institute is oblige to provide to all European citizens the possibility to complete applications through the web. Hence, the subcommittee will also examine the necessary amendments require in the webpage infrastructure so as to provide this facility. The sub-committee has prepared a list with the necessary requirements for the implementation of a Customer ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Institute News Relation Management Software that is to be acquired by the Institute. The requirements were communicated currently to two possible vendors that have presented their software to the members of the sub-committee as well as to members of the Institute employees that will use the CRM facilities. 2. Technical Development The members of the Technical Development subcommittee in conjunction with the Education Committee have continued presenting the seminar “Excel for Accountants” In addition the members have presented their proposal for a seminar regarding “ISA 315 - IT audit & controls implementation”. Once the content of the seminar is finalised it will be communicate to the Education Committee to arrange for the possible presentation dates. The members have also presented to the committee their proposal to publish our annual software survey within the Institutes webpage. That will give the members the option to review the current software features on an up to date basis rather than receiving the published information through the annual survey. 3. Business Consulting The members of the Business Consulting sub-committee have prepared for publication an article on “How to prepare a CV and how to prepare for an interview”. Nic0las Shakallis Chairman Tax report. We are discussing with the Inland Revenue their request to introduce a Tax Report which will be submitted together with tax returns that are based on audited financial statements. ñ Circular 2008/9 dated 28.7.2008 regarding defence contribution on deemed distributions attributable to adjustments on accounting profits after examination of the accounts, books and records of a company. ñ We expect to meet with the Inland Revenue Department to discuss our disagreement on certain issues dealt with in the circular as per our letter to the Commissioner dated 31.10.2008. 2. European Court of Justice cases. We have examined the Papillon ECJ case (C-418/07). French legislation on group consolidation excluding lowertier subsidiaries indirectly owned through companies resident in other Member States was found to be incompatible with EC freedom of establishment. Our tax legislation contains the same provision. To this intent we have sent a letter to the Ministry of Finance suggesting an appropriate amendment to the law. We have examined the ECJ Persche case (C-318/07). German rules on tax treatment of cross-border in-kind donations were found to be incompatible with EC law. Article 9(1)(f) of our Income Tax legislation provides for similar restrictions. As such we are in the process of preparing a letter to the Ministry of Finance suggesting an appropriate amendment to the law. 3. Amendments to the Tax Legislation. TAXATION COMMITTEE The Taxation Committee pursued the following issues during the first quarter of 2009: 1. Matters that are being discussed with the Inland Revenue Department. Arm’s length principles and transfer pricing. We are discussing with the Inland Revenue Department matters relating to arm length’s principles and transfer pricing. ñ ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 We are involved with the discussions relating to amendments to the Tax Legislation. We have attended meetings at the Ministry of Finance and have expressed our opinion on matters that are being discussed. 4. Meeting with the President of the Tax Tribunal. We met with the President of the Tax Tribunal and expressed our views on specific issues relating to the operations of the tribunal. Pieris Markou Chairman 15 Institute News 2747 Frixos Kyprianou ACCA 2748 Maria Yiasoumi ACCA During the period January - March 2009 the following persons have been accepted as new members of the Institute: 2749 Stelios Ioannides ACCA 2750 Andreas Michael ACCA 2751 Stephani Padouva ACA 2710 Andre Spastri ACCA 2752 Zacharias Klerides ACA 2711 Christina Kapodistria ACCA 2753 Demetris Mili ACA 2712 Nicolas Sofocleous ACCA 2754 Loria Gregoriou ACA 2713 Andreas Morias ACCA 2755 Nicolaos Nicolaou ACA 2714 Paris Savva ACCA 2756 Eleonora Toumazi ACA 2715 Haig Shaderevian ACCA 2757 Agathi Lambrou ACCA 2716 Yiannakis Christodoulou ACCA 2758 Elena Kyriakou ACCA 2717 Christakis Georgiou ACCA 2759 Maria Yiallourou ACCA 2718 Nicolas Christodoulou ACCA 2760 Stella Kyriakou ACCA 2719 Andreas Yiallouros ACCA 2761 Tatiana Karanicola ACCA 2720 Chrystalla Pontiki Papadopoulou ACCA 2762 Chryso Mita ACCA 2721 Athos Maliali ACCA 2763 Areti Theodotou ACCA 2722 Christos Daniel ACCA 2764 Karolina Kousoulou ACCA 2723 Yianna Stylianou ACCA 2765 Oana Constantinou ACCA 2724 Chrystalla Evripidou ACCA 2766 Charalambos Aggelides ACCA 2725 Vasilis Nicolaou ACCA 2767 Stavros Hadjinicolaou 2726 Bryonis Kyperesi ACCA 2768 John Diola 2727 Iosifina Toumazou ACCA 2769 Savvas Savva 2728 Alina Drozdova Constantinou ACCA 2670 Marianna Kyriakou ACA 2729 Mariyianna Petrou ACCA 2771 Andreas Pittakas ACA 2730 George Pitzioli ACCA 2772 Anna Constantinidou ACCA 2731 Androula Solomou ACCA 2773 Elli Mousarri ACCA 2774 Panayiota Pambori ACCA 2732 Tryfonas Kyriakou ACCA 2775 Charalambos Chrysanthou ACCA 2733 Maria Hadjistavrou ACCA 2776 Ioanna Ioannou ACCA 2734 Antigone Karamani ACCA 2777 Christofora Phella Mourati ACCA 2735 Ioanna Siaele ACA 2778 Athanasia Antoni ACCA 2736 Loizos Loizou ACA 2779 Elena Kyriakou ACCA 2737 Yiannis Kyriakou ACA 2780 Michael Scott 2738 Andreas Trachonitis ACA 2781 Socrates Anastasiou Article 23 2739 Mark Klerides ACA 2782 Loukia Nearchou CPA-USA 2740 Charis Georgiou ACA 2741 Pavlos Pattichi CIMA 2742 Ranjeet Kumar Mahto ACCA 2743 Maria Papadaki ACCA 2744 Agis Agisilaou ACCA 2745 Thekla Prodromou ACCA 2746 Salomi Cosma ACCA NEW MEMBERS OF THE INSTITUTE 16 CPA-USA ACA CPA-USA ACA Ireland REREGISTRATION 1102 Marios Fieros ACA ASKED TO BE REMOVED FROM REGISTER 895 Vasilis Hadjievangelou ACCA ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Professional Briefing KPMG TURNS KNOWLEDGE INTO VALUE WITH KPMG ACADEMY be announced every six months while specialized seminars will be planned on demand. At a press conference which took place on 2nd April, KPMG announced the opening of KPMG Academy, a new service of the organization in Cyprus. Finally, Mr. Constantinos Kounnis, Manager of the Academy, briefly outlined the programs which will be delivered in the first sixth months of the year. THE IFAC OVERVIEW SUSTAINABILITY FRAMEWORK The recognition governments and many organizations have given to sustainability and sustainable developments are changing business culture and society. The global challenge is to ensure that organizations’ sustainable development practices (a) reverse the previous erosion of natural resources, and (b) improve their environmental, social, and economic performance. This requires radical changes in the way we do business and the way we live our lives. Although many organizations aspire to being responsible, few could claim to be truly sustainable. From Left to Right: Synthia Pavlou, Academy Administrator Maria A. Papacosta Orphanides, Board Member Andreas K. Christofides, Managing Director Christos V. Vasiliou, Board Member and Head of Academy Constantinos Kounnis, Academy Manager Christos Makriyiannis, Academy Senior Consultant KPMG Academy was created in the frame of the organization’s wider strategy for social responsibility with a goal to turn knowledge into value. During the press conference, Mr. Andreas Christofides, Managing Director of KPMG Limited, described the KPMG Academy and its vision to combine the professional and academic expertise in order to deliver specialized training programs to companies and the general public. Commenting on the world economic crisis that may soon impact Cyprus, Mr. Christofides presented the preventive actions and measures KPMG is taking in order to substantially reduce possible adverse consequences of the crisis. Effective staff training through the KPMG Academy will enhance business productivity; this being an important element for dealing with the financial crisis. Finally, Mr. Christofides referred to the recent “Exports Award 2007”, awarded to KPMG by the Ministry of Commerce, Industry and Tourism in collaboration with the Cyprus Chamber of Commerce and Industry. Furthermore, Mr. Christos Vasiliou, Board Member of KPMG Limited and Head of the Academy presented the core team members and talked about the strategy of the Academy, the goals set and the various seminar categories offered. As Mr. Vasiliou mentioned, the seminar topics will ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 This web-based tool targets professional accountants working in commerce, industry, the public sector, education, and the not-for-profit sector who the International Federation of Accountants strongly believes can influence the way organizations integrate sustainability into their objectives, strategies, management, and definitions of success. Professional accountants in all types of organization have a significant role in: ñ Challenging conventional assumptions of doing ñ ñ ñ ñ business; Redefining success; Establishing appropriate performance targets; Encouraging and rewarding the right behaviors; and Ensuring that information flows to support decisions and to monitor and report performance go beyond the traditional ways of thinking about economic success. Being sustainable requires an organization to take full account of its impact on the planet and its people. The role of professional accountants has therefore expanded beyond that of preparers or assurers of financial and sustainability reports. Professional accountants need to adapt to a world in which sustainability is the key to longterm business performance, and need to understand how, in their diverse roles in organizations, they play a significant role. Sustainability has many connotations, depending on an individual’s viewpoint. It means much more to organizations than better reporting on environmental, social, or economic performance. In clearly defining the different facets of sustainability, the IFAC Sustainability Framework can help professional accountants grasp all the important aspects of sustainability that they may encounter, directly or indirectly, and that will be important 17 Professional Briefing to their organizations. Sustainability has three important dimensions for all organizations: (a) economic viability, (b) social responsibility, and (c) environmental responsibility. Although trade-offs can occur between these dimensions, generally being socially responsible (towards employees, communities, and other stakeholders), and environmentally responsible, lead to enhanced trust, and, therefore, makes good business sense. Social and environmental responsibility cannot, however, stand in isolation from economic viability. Profitability and growth create jobs and wealth; organizations must therefore continue to provide products and services that people want. While pursuing a commercial imperative, organizations must also deal with social and environmental issues as part of ensuring that they generate added value for an organization and its stakeholders. Understanding the sustainability landscape is the first step in being able to demonstrate how to use this greater awareness to benefit their employers and the public interest. Accountants’ professional background and orientation equip them with the necessary qualities to support their contribution - namely, wide business understanding, numeracy and knowledge of measurement, and objectivity and integrity. Applying these competences to sustainability issues can help organizations to embrace sustainable development and to incorporate it into strategic planning and execution. This will allow organizations to simultaneously deliver improved business performance and to contribute to a better world. USING THE FRAMEWORK The IFAC Sustainability Framework consolidates all of the important aspects of sustainability for organizations wishing to deliver long-term sustainable value to their stakeholders. So many information sources cover various aspects of sustainability and sustainable development that it has created information overload. Accountants therefore find it very difficult to get a coherent view of all the various perspectives of this topic that organizations embracing sustainable development must understand. The Framework addresses four perspectives in bringing together all the critical areas required to successfully manage a sustainable organization. These perspectives are: business strategy, internal management, financial investors, and other stakeholders. Organizations that have successfully embraced sustainable development to add value to the organization and its stakeholders have usually taken action from all four perspectives. 18 Different groups of professional accountants might have more interest in specific areas of the Framework. For example, professional accountants working at senior management levels might be more focused on the business strategy perspective, although all accountants should understand that the success of all other activities depends on action and performance at a strategic level. Professional accountants working in performance management-related roles (including planning, budgeting, performance measurement, and roles such as business/financial analyst) may direct their attention to the internal management perspective, and those preparing business and financial reports might find the investors’ and wider stakeholder perspectives of most use. The Framework provides many examples of good practice, so that professional accountants can easily seek more detailed information on areas of particular interest. These are mostly hyperlinked and will be updated over time. The four perspectives are summarized below: Part A: Business strategy perspective - Taking a strategic approach The Framework emphasizes the importance of adopting a strategic approach, so that sustainable development is a part of strategic discussions, objectives, goals, and targets, and is integrated with governance and accountability arrangements and risk management. Ensuring that sustainable development is featured at a strategic level, supported by leadership and envisioning, is the only way to ensure its integration into all parts of the operational plando-check-act management cycle. Only by taking a business strategy approach can organizations make sustainable development a part of doing business as opposed to an addon luxury that encourages rhetoric rather than sustainable business models and practices. Part B: Internal management perspective - Making it happen The internal management part of the Framework focuses on all those areas covering performance and change management that help an organization to deliver on its strategy and specific sustainable development objectives and targets. In many organizations, (a) enhancing performance evaluation and measurement, (b) changing behaviors, and (c) introducing sustainability and environmental accounting as an extension of existing accounting/information systems to accommodate organizational plans for sustainable development, can be a challenge for organizations, and can take time to achieve. Therefore, this perspective also includes advice on how organizations can achieve relatively simple quick wins to ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Professional Briefing improve energy efficiency and reduce waste, that can help them improve environmental performance while reducing their costs, all in a relatively short time frame. Part C: Financial investors’ perspective - Telling the story to investors Organizations that are well developed in the internal management perspective are usually in the best position to deliver high-quality information about their sustainability and corporate responsibility performance to investors. The Framework offers advice on both incorporating environmental and other sustainability issues into financial statements in a way that supports an organization’s stewardship role and enhanced reporting to investors in financial reporting, including narrative reporting using management commentary. Part D: Other stakeholders’ perspective - Wider transparency The final perspective considers an evolving part of sustainable development that builds on the development of stakeholder relationships (covered in the business strategy perspective) to improve transparency and non-financial reporting against a broader set of expectations. Such reporting commonly takes the form of separate sustainability or corporate social responsibility reports that may be based on de facto standards, such as those from the Global Reporting Initiative. This perspective also includes sustainability assurance, to help to improve credibility and trust, and might be of interest to those professional accountants in public practice. IAASB PRACTICE ALERT HELPS AUDITORS AND MANAGEMENT ASSESS IMPACT OF CREDIT CRISIS ON GOING CONCERN ASSUMPTIONS (New York/January 20, 2009) - The unexpected severity, speed and consequences of the credit crisis present unique challenges for management and auditors in meeting their responsibilities in assessing an entity’s ability to continue as a going concern. To help auditors and management, as well as those charged with governance, in addressing those challenges, the staff of the International Auditing and Assurance Standards Board (IAASB), an independent standard-setting board under the auspices of the International Federation of Accountants (IFAC), has released a new practice alert entitled Audit Considerations in Respect of Going Concern in the Current Economic Environment. The alert was developed following consultation with the IAASB and a review of similar guidance issued by national standard setters. ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Management, those charged with governance and auditors alike must consider the effect of the credit crisis and economic downturn on an entity’s ability to continue as a going concern and whether these effects ought to be described in the financial statements. The alert highlights areas within International Standard on Auditing (ISA) 570, Going Concern, as well as other ISAs, that are particularly relevant in the current economic environment and provides additional guidance for auditors in evaluating management’s use of the going concern assumption. It also raises awareness of issues surrounding liquidity and credit risk that may create new uncertainties for entities or exacerbate those already existing. James Sylph, Executive Director, Professional Standards, emphasizes, “While the alert notes that auditors are always required to evaluate management’s use of the going concern assumption, given current economic conditions, the evaluation will take on even more importance and is likely to be more complex. This is particularly the case with regard to the availability of credit and the impact of the current economic environment on budgets and forecasts, factors which are likely to result in additional disclosures in the current period’s financial statements. As such, we believe this alert will be useful for auditors as well as management of entities of all sizes in the current audit season.” This new alert is the second alert issued by staff of the IAASB. The first, Challenges in Auditing Fair Value Accounting Estimates in the Current Market Environment, was issued in October 2008 to assist auditors in addressing the challenges of auditing fair value accounting estimates, and highlights areas within the ISAs that are particularly relevant in the audit of fair value accounting estimates in times of market uncertainty. Both alerts may be downloaded free of charge from the IFAC website (www.ifac.org). For more information on IFAC initiatives with regard to the global financial crisis, please visit http://www.ifac.org/financial-crisis/. NEW IAASB CLARITY STANDARDS WILL HELP STRENGTHEN AUDIT PRACTICE Auditors worldwide will benefit from the recent completion of the Clarity Project by the International Auditing and Assurance Standards Board (IAASB), an independent standard-setting board of the International Federation of Accountants. All of the Board’s International Standards on Auditing (ISAs) and its International Standard on Quality Control (ISQC) have been reviewed and redrafted in a new “clarified” style that makes the standards easier to understand, translate, and implement. These standards will also significantly advance the process of global convergence and enhance the quality and 19 Professional Briefing uniformity of practice in audits worldwide. THE BENEFITS The Clarity Project has introduced improvements that go beyond enhancing the understandability of the standards. The IAASB intends that the clarified ISAs will strengthen practice in a number of areas, such as: ñ Communication with those charged with governance; ñ The gathering and evaluation of audit evidence in relation to accounting estimates, including fair value estimates; auditor in the audit area addressed. One of the main goals of the IAASB in redrafting its standards was to eliminate any possible ambiguity about the requirements an auditor needs to fulfill-as a result, the objectives in each ISA are now supported by clearly stated requirements designed to enhance consistency of practice. In all cases, requirements are expressed by the phrase “the auditor shall.” The clarified standards also have a new structure, in which information is presented in separate sections: Introduction, Objective, Definitions (as applicable), Requirements, and Application and Other Explanatory Material. This restructuring, in addition to the other drafting enhancements, improves the readability and understandability of the standards. ñ The auditing of related party relationships and transactions; and ñ The use of the work of others, such as an auditor’s expert or other auditors in the context of audits of group financial statements. EFFECTIVE DATE The standards will come into effect for audits of financial statements for periods beginning on or after December 15, 2009. All those with responsibilities relating to financial statement audits should consider implementation issues as soon as practicable and set in motions plans to update audit methodologies and training programs in advance of the effective date. THE IMPROVEMENTS The final set of clarified standards includes: ñ One new ISA on communicating deficiencies in internal control; ñ 16 ISAs containing new and revised requirements; ñ 19 ISAs that have been redrafted only to reflect the new Clarity drafting style; and ñ One ISQC redrafted to reflect the new Clarity drafting style. Auditors should look to ISA 200, Overall Objectives of the Independent Auditor and the Conduct of an Audit in Accordance with International Standards on Auditing, for assistance in understanding the purpose and scope of an audit. This ISA sets out how the objectives, requirements, and guidance in all ISAs are to be understood. Each standard now clearly identifies the objective of the 20 Thirdly, specific groups of entities are addressed. Users can now find considerations specific to small- and medium-sized entities (SMEs) and public sector entities in the standards themselves. These considerations are highlighted in the Application and Other Explanatory Material section of the ISAs. NEW CLARITY CENTER To help with the implementation of the new ISAs, IFAC has developed an IAASB Clarity Center (http://web.ifac.org/clarity-center/index) that provides the full set of final standards, showing in marked text changes from the clarified standards that had been previously issued, a history of the Clarity Project, and frequently asked questions and answers. In addition, next month, the IAASB plans to launch the first in a series of ISA modules highlighting key changes in some of the more significantly revised standards. The IAASB will also publish all of the clarified standards in IFAC’s 2009 Handbook of International Standards on Auditing and Quality Control in April 2009. NEW IFAC GUIDANCE FOCUSES ON THE DEVELOPMENT AND TRAINING OF ACCOUNTING TECHNICIANS (New York/March 6, 2009) - An important means to build capacity in the accountancy profession in developing countries is through the development of accounting technicians. As part of its strategy to develop the accountancy profession worldwide, the International Federation of Accountants’ (IFAC) Developing Nations Committee has released a new good practice guide entitled, The Education, Training and Development of Accounting Technicians. The new guide is designed to raise awareness of the role and value of accounting technicians in both the public and private sectors. ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Professional Briefing The guide promotes the importance of having accounting technician-level programs in both developed and developing economies so that individuals have access to education and training. The guide also encourages professional accountancy organizations to support the development of accounting technicians by offering technician programs that lead to certification and membership in the organization. “In developing and emerging economies, individuals often do not have the resources to qualify as professional accountants, but there is a strong demand by governments and organizations for skilled individuals to contribute to the financial reporting and decision-making process. The development of accounting technicians is important to fulfilling this gap and setting a pathway for qualified accounting technicians to develop further as professional accountants,” states Ignatius Sehoole, chairman of the Developing Nations Committee. The guide can be downloaded free-of-charge from the IFAC online bookstore (www.ifac.org/store). For more information on IFAC’s work to support developing nations, visit www.ifac.org/developingnations. IFAC’S ACCOUNTING EDUCATION STANDARDS BOARD PROPOSES NEW FRAMEWORK TO ENHANCE CLARITY AND RELEVANCY OF STANDARDS (New York/January 27, 2009) - The International Accounting Education Standards Board (IAESB), an independent standard-setting board within the International Federation of Accountants (IFAC), has undertaken a new initiative to enhance the relevancy, clarity and consistency of its standards as well as their applicability to IFAC members and associates. It is proposing a revised Framework for International Education Standards, which sets out the concepts that underlie the IAESB’s International Education Standards. The proposed framework consists of two parts: ñ ñ Part One explains the educational concepts of competence, initial professional development, continuing professional development, and measurement of the effectiveness of learning and development, which will be used by the IAESB when developing the IESs; and Part Two describes the nature of the IESs as well as the related IAESB pronouncements and IFAC member body obligations. The framework is targeted primarily to IFAC member bodies that have direct or indirect responsibility for the ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 learning and development of their members and students. It is, however, also relevant to a wide range of stakeholders, including accounting faculties at universities, employers of professional accountants, professional accountants, prospective professional accountants, and others interested in the work of the IAESB. “Our objective with this framework is to improve the understanding and application of the principles and concepts that underlie the International Education Standards,” states IAESB Chair Mark Allison. “The framework will also enable the IAESB to deploy a more efficient and effective standard-setting process and to better demonstrate accountability for its decisions.” HOW TO COMMENT Comments on the exposure draft (ED) of the proposed revised framework are requested by April 30, 2009. The ED can be viewed by going to http://www.ifac.org/EDs. Comments may be submitted by email to [email protected]. They can also be faxed to the attention of the IAESB Technical Manager at +1 (212) 286-9570 or mailed to IFAC, 545 Fifth Avenue, 14th Floor, New York, NY 10017, USA. All comments will be considered a matter of public record and will ultimately be posted on IFAC’s website. NEW IFAC GUIDANCE ON CORPORATE GOVERNANCE ADDRESSES RISKS AND ORGANIZATIONAL ACCOUNTABILITY (New York/February 10, 2009) - As part of its ongoing commitment to support professional accountants in business and their organizations in enhancing governance and in improving organizational performance, the Professional Accountants in Business (PAIB) Committee of the International Federation of Accountants (IFAC) has released a new International Good Practice Guidance document entitled Evaluating and Improving Governance in Organizations. The new guidance to professional accountants in business includes a framework, a series of fundamental principles, supporting guidance, and references on how they can contribute to evaluating and improving governance in organizations. “This International Good Practice Guidance brings together globally recognized and applicable good practice principles on effective governance into an international benchmark for the accountancy profession,” says IFAC Chief Executive Ian Ball. “It will help PAIBs and their organizations to further improve their governance structures and processes - something critical to ensuring an organizations viability and accountability.” 23 Professional Briefing This guidance is designed to complement existing governance codes, such as the OECD Principles of Corporate Governance (2004), issued by the Organisation for Economic Co-operation and Development (OECD), by encouraging organizations to achieve a balance between conformance with rules and regulations and driving organizational performance. It also focuses on how to create sustainable stakeholder value in the form of good products or services, economic profitability, job security, safety, or other social or economical responsibilities. A separate document, Preface to IFAC’s International Good Practice Guidance, sets out the scope, purpose, and due process of the committee’s International Good Practice Guidance series to which this guidance paper on governance belongs. Both Evaluating and Improving Governance in Organizations and the Preface to IFAC’s International Good Practice Guidance can be downloaded free-ofcharge from the PAIB section of the IFAC online bookstore at http://www.ifac.org/store. The PAIB Committee welcomes all feedback, which can be emailed to [email protected]. Note related to Accounting Auditing and Relevant issues By Tassos Anastasiades, Deputy Editor IASB PROPOSES P&L CHANGES Banks will have to provide details of their profits and losses from financial instruments under two measurement systems, according to proposed accounting changes that could come into effect for year - end accounts. The proposals, from both the International Accounting Standards Board and its US counterpart, would require companies to disclose the profits and losses that would have been reported if financial assets were valued at current market process and as if they were reported at “amortised cost” - a measurement that ignores market volatility. The changes are part of a package of credit crunch - related issues addressed by the accounting rulemakers. A number of bankers have complained that the requirement to report the great majority of financial assets at “fair” or market value has resulted in the industry writing down the value of its holdings by hundreds of billions, even though banks’ own expected losses on the instruments are nowhere near as severe as market prices imply. SEC SET TO CRACK DOWN ON CREDIT RATING AGENCIES US securities regulators have moved to crack down on conflicts of interest at credit rating agencies but delayed taking action on other, more controversial proposals to overhaul business practices. The new rules from the Securities and Exchange Commission come as rating agencies, which are paid by the issuers whose securities 24 they rate, face pressure from regulators around the globe. The agencies have come under criticism over the role they played leading up to financial crisis and for failing to act quickly enough to warn investors about the risks of investing in complex debt and mortgage - related products, which have been at the heart of the crisis. Thus the five member SEC unanimously agreed to prohibit certain activities at the companies, such as agency executives providing both ratings and advice on how to structure securities. LIECHTENSTEIN LIFTS BANK SECRECY IN U.S. DEAL Offshore haven Liechtenstein has agreed a landmark deal with the U.S. to drop bank secrecy in cases of tax evasion and could make similar concessions in the European Union, a diplomat from the Alpine nation said. Prince Nikolaus, a member of Liechtenstein’s ruling royal family who brokered the deal, told Reuters the tiny principality had agreed a “significant” change to bank secrecy rules that entitles the U.S. to bank account information when probing a tax dodge. The prince said he was prepared to grant similar concessions within the European Union but wanted double - taxation agreements as well a commitment by countries to deal leniently with citizens that had hidden money from the taxman in Liechtenstein Liechtenstein is together with Monaco and Andorra one of three countries blacklisted by the Organisation for Economic Cooperation and Development and was the target of a German investigation last year into thousands of citizens suspected of parking untaxed income in the ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Professional Briefing principality. The deal with the United States may pressure its neighbour Switzerland into a similar agreement. This would have implications for the offshore private wealth management businesses of banks such as UBS and Credit Suisse. TIME TO RETHINK OUR MODEL FOR CORPORATE REPORTING The experience of the credit crunch has brought into stark focus the issue of systemic risk and how, if at all, it can be identified and avoided. But in the current efforts to make improvements, we risk not seeing the wood for the trees and, in fact, looking at the wrong forest altogether, Mr David Phillips, senior corporate reporting partner at PwC said. So far, work about systemic risk has centred on the banking industry, but regulators and other should also take a close look at corporate reporting. The challenges of systemic risk do not end with the banking system. You can add a growing list of other significant risks that reflect the increased complexity and interdependencies of the global economy. There are the issues of energy, water and food security that in turn are all linked in one way or another to economic growth, climate change, population growth and the complexity of modern day supply chains stretched to their operational limits. Corporate reporting is capable of proving a better understanding of the ecosystem in which a business operates. It can help readers develop an understanding of the dynamics of a company’s business model and exactly how it is exposed to any weaknesses in its own ecosystem. This will require a fundamental rethink of today’s reporting model. Today, we have a model that is dominated by financial information that is increasingly complex and which, by its nature, has a tendency to drag the reader down into the trees. IFRS SET TO TURN POLITICAL AS SEC UNFOLDS ITS ROADMAP Given the importance of the US, the views of the nominee for Securities and Exchange Commission chairman Ms Mary Schapiro on accounting topics are about more than simply which accounting system US companies should use. US influence is such that the SEC’s viewpoint is likely to shape a great deal of the debate about all sorts of changes to accounting rules over the coming years, including international ones. Ms Schapiro was asked her opinion on switching to IFRS at her nomination hearing by Senator Jack Reed. She said she would “proceed with great caution” and wouldn’t be ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 bound by the roadmap. She also raised the cost of switching rules, for which she said she had seen estimates of $30m per US company. EXECUTIVES ARRESTED IN JAPANESE PROBE INTO ALLEGED $2.5BN FRAUD Japanese police have arrested the 75-year-old head of a bedding company and 21 others suspected of operating an alleged $2.5bn Ponzi scheme that sucked in tens of thousands of people and could be Japan’s largest ever such fraud. Kazutsugi Nami and other executives of L&G, which made bedding and healthcare products, are suspected by authorities of running a pyramid scheme that promised investors annual returns of 36 per cent in interest and to double their capital after three years. UK COMPANIES WARNED AGAINST PROFLIGATE EXECUTIVE PAY-OUTS UK boards must avoid the appearance of rewarding failure when approving executive compensation plans this year, lest they spark a political and regulatory backlash that could doom pay for performance, investor groups warned. INDIAN WATCHDOG TO QUIZ SATYAM CHAIRMAN India’s financial markets regulator will for the first time be allowed to question B. Ramalinga Raju, the former chairman of Satyam Computer Services, as part of a probe into India’s biggest corporate scandal. The Supreme Court ruling as seen as a breakthrough in the investigation into the alleged $1bn fraud, dubbed India’s Enron, said people close to Sebi. Mr Raju and his brother are under arrest in Hyderabad, the southern India city in which Satyam is based. Both men will be interrogated by Sunil Kumar, Sebi’s chief investigator, and his six-member team. India police have accused two auditors working for an Indian unit of PwC of colluding with the former chairman of Satyam Computer Services to “window dress” the outsourcing group’s accounts. PWC CHIEF IN INDIA AS POLICE STEP UP PROBE The global head of PwC has rushed to Mumbai after police detained two of the firm’s auditors over the scandal at Satyam Computer Services. Sam DiPiazza, chief executive officer of PwC, arrived in Mumbai as the firm’s India arm suspended the auditors, S. Gopalakrishnan and Srinivas Talluri, while police investigate the $1bn-plus fraud, 25 Professional Briefing India’s worst corporate scandals. “They will undertake no activities on behalf of Price Waterhouse and have been advised to co-operate fully with the ongoing inquiries regarding Satyam”, Price Waterhouse, the Indian arm of the global group, stated. INDIAN REGULATORS SHAKE UP SHARE RULES IN WAKE OF SATYAM SCANDAL Contrrolling shareholders in Indian companies will be forced to reveal borrowings made against their own shares under reforms launched by regulators that could provide more transparency about how India’s most powerful business families control their empires. The move by the Securities and Exchange Board of India to make it mandatory for the controlling shareholders of companies to disclose when they pledge shares as collateral to lenders is the biggest capital reform since the Satyam scandal erupted. ACCOUNTANTS GO INTO SHOCK AT ‘INDIA’S ENRON’ There is an irony in the fact that the Big Four accounting firms have been eagerly touting the growth potential of India, only to face the risk that the Satyam scandal will expose the weaknesses in their plans. They are also wincing at the media shorthand for the scandal - “India’s Enron” - which recalls the total collapse of their accounting rival Arthur Andresen after the US energy group’s fraud was revealed in 2001. With investigations into the Satyam case only just beginning, it is too soon to gauge the scandal’s full impact on the accounting world. But the firms are watching the situation extremely closely as the structure of their industry, and its activities in one of the most promising markets, come under scrutiny. the help of seven senior industry figures. The recommendations were requested by Jose Manuel Barroso, European Commission president, following the financial crisis. They will focus on issues of banking supervision, but the official brief encompasses “European supervisory arrangements covering all financial sectors”. IASB WARNS ON CAPITAL RESERVE PLANS Regulators are widely expected to develop some form of so-called “dynamic provisioning” by forcing banks to save funds in the good times to help them through the bad. But accountants have warned that how this is done could seriously affect the transparency of banks’ accounts. Sir David Tweedie, head of the International Accounting Standards Board, has called for the new reserves to be set aside after profits are reported, rather than beforehand by creating reserves against specific assets - such as loans which could potentially incur losses - on the balance sheet, which would reduce profits. LOOK FOR ONSHORE, NOT OFFSHORE SCAPEGOATS As Avinash Persaud, chairman of Intelligence Capital Limited, emeritus professor of Gresham College and a member of the UN High Level Taskforce on International Financial Reform, stated that political leaders in the US, Germany, France, the UK and elsewhere have once more threatened to close down offshore financial centres. These centres have been presented as the drug dealers of modern finance and pushes of instability. Yet the origins of this crisis are in a failure of regulatory philosophy in the US, Europe and elsewhere. It would have occurred were there no offshore financial centres. The attack on offshore centres is a politically seductive distraction from the thorny task of making regulation better in large developed countries and will end up being a discriminatory attack on small developing countries with little voice. EU REGULATOR CALLS FOR ENHANCED ROLE Key areas within European securities markets should be overseen by a single authority, according to one of the European Union’s senior financial regulators. Eddy Wymeersch, head of the Committee of European securities regulators stated that, while a two-tier system of central regulation and local supervision was appropriate in many areas, there should be more flexibility to handle some matters at EU level. His comments came ahead of the eagerly awaited publication in Brussels of recommendations on how to reform Europe’s fragmented system of financial supervision. These have been drawn up by Jacques de Larosiere, a former head of the French central bank, with 26 One of the first institutions to fail in this crisis was Northern Rock, a very British bank where supervisors appeared to overlook the niggling detail that funding longterm mortgages of more than 100 per cent of the value of homes in a mature boom, with short-term deposits and money market funds, is highly risky. A German savings institution, IKB, was next. Regulators did nothing about the exponential growth of mortgage-related financial derivatives, not because they were hidden in offshore financial centres - they had the discretionary powers to raise bank capital charges for any additional risks they perceived - but because they thought that this was an example of safe financial innovation that was banking the under-banked and diversifying risk. ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Interview with the Czech Ambassador The Czech - Cyprus Economic Relations, the Czech Economy and the Czech EU Presidency Interview with H.E. the Ambassador of the Czech Republic, Mr. Jan Bondy Europe’s success in the 21st century is flexibility, ability to react quickly and rationally Interview to Ninos Hadjiroussos, Editor and Tassos Anastasiades, Deputy Editor of the Accountancy Cyprus Journal In an interview we had with the Ambassador of the Czech Republic we have been informed that after both countries became members of the EU the volume of trade has increased by one third and that there is a strong cooperation with a rising trend in the field of investments. “The Czech Republic conditions for Mr. Jan Bondy H.E. the Ambassador of the business are sound and safe, making the country very Czech Republic attractive in terms of investment despite the gradual rise in wages. The Czech Republic has been able to remain in the centre of attention of investors from all over the world for a long time because of its stable and fair conditions, highly-skilled workforce and low prices”, stated Mr. Bondy. With regard to the main priorities of the Czech Presidency Mr. Bondy stated that the precondition for Europe’s success in the 21st century is flexibility, ability to react quickly and rationally. The Czech EU Presidency therefore comes with the vision of Europe without barriers - Europe making full use of its economic, human as well as cultural potential. Mr. Bondy stated that stabilisation of financial markets is important for our future prosperity and the work that has started will be continued. The most important tasks of the Czech Presidency is to deal with the economic recession, to pursue efforts to tackle climate change and to secure adequate energy resources for the European Union. With regard to the question about any plans by major countries of EU to help other countries which face fiscal problems Mr. Bondy referred to a statement made by ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Commissioner Joaquin Almunia that “if crisis emerges in one euro zone country there is a solution before visiting the International Monetary Fund. Do not fear for this moment - Europe is equipped intellectually, politically and economically to face this crisis scenario. And for the rest of European Union I do not hesitate to say that the EU and its Member States are in a stand by position for the partners who might need their help in the future”. As far as protectionism in the European Union Mr. Bondy stated that members States are well aware that breaking the rules of fair competition may, in the long run, do more economic as well as political harm than the crisis itself. Therefore protectionist measures must be strictly rejected as they only worsen the situation. “Adherence to the rules of the internal market and fair competition is our only alternative”, stated Mr. Bondy. Regarding the prospects for the ratification of the Lisbon Treaty Mr. Bondy believes that by the end of the year it will be ratified by all EU 27 members. Responding to our question about the G20 summit meeting in London Mr. Bondy stated that our financial markets and economies have grown increasingly interconnected. This is why the only possible way forward is to ensure global coordination in designing policy responses to the difficult economic situation. The interview with Mr. Bondy follows: Q1: Mr. Ambassador we would like to start our interview by asking you to give us a broad outline of the economic relations between the Czech Republic and Cyprus 29 Interview with the Czech Ambassador The economic relations between our two countries are traditionally good and there are no problematic issues, which could hamper their further developments. The total volume of bilateral trade amounted to 46, 6 mil. EUR in 2008, from which 30, 6 mil. EUR were exports of Czech products to Cyprus. Although we do not belong to the main trade partners of Cyprus, I am pleased to say that after both countries became the members of the European Union the volume of trade has increased by one third. We can see quite strong cooperation with the rising trend in the field of investments. For the period 1 - 3Q 2008, the value of Cypriot direct investments in the Czech Republic reached 313,2 mil. EUR and Czech direct investments in Cyprus amounted to 56,3 mil. EUR. We can also see rising figures in the field of tourism. From the Czech part about 20 000 tourists visit your country yearly. During the last summer season, there were 10 Czech Airlines direct flights from Prague to Larnaca per week and it seems that Cypriote have discovered the attraction of the Czech Republic recently. Number of Cypriot tourists to our country reached 15 276 person last year (+58,3 % y/y). Nevertheless, enough good results are still under the potential of our economies. There is plenty of space to intensify our relations. Q2: What are the economic conditions now prevailing in the Czech Republic? The Czech Republic was one of the economically most advanced parts of Europe at the beginning of the last century. In the past, the Czech Republic relied primarily on heavy industry, especially metallurgy and mechanical engineering. Today, the automotive industry and related sectors, the rubber making, power and consumer goods industries, and some traditional areas of production, such as glassmaking, primarily buoy the economy. In terms of availability and offer of services, the Czech Republic has caught up with EU standards. Generally, conditions for business are sound and safe, making the country very attractive in terms of investment despite the gradual rise in wages. The Czech Republic has been able to remain in the centre of attention of investors from all over the world for a long time because of its stable and fair conditions, highly-skilled workforce and low prices. favourable macroeconomic situation. Economic growth, slowing down naturally due to cyclical effect, was despite extremely appreciated exchange rate pulled by foreign trade contribution. Acceleration of inflation was of temporary character, similarly as in neighbouring countries. Functioning of labour market has improved recently. Current account deficit has showed very sustainable values in international comparisons and foreign exchange debt of economic entities has not been significant. Fiscal and monetary policies have been quite adequate. In the light of subsequent events, the only substantial shortcoming can be seen in too high commodity specialization of exports in some machinery products, especially in cars and their accessories. In the fourth quarter of 2008 crisis symptoms from external environment started influencing the Czech economy. However, according to a preliminary estimate, real GDP in 4 Q 2008 increased by 1,0 % in y/y comparison and for the whole year 2008 grew by 3,5 %. With regard to openness of the economy and due to uncertainties in external environment, the forecast for this year is burdened with high uncertainty. Although the annual trade balance for 2008 reached a surplus of CZK 69,4 billion, the data for December showed declining trend. Unfavourable external development should reflect in the Czech economy through following channels: FOREIGN TRADE Euro area’s economy has been in recession since the second quarter of 2008 and probably will stay in it over 2009. Also growth of other our important trade partners (Slovakia and Poland) has been slowing. Trade with other EU Member States is crucial for the Czech economy not only in terms of volume, but also because it rectifies the rather inauspicious balance in trade with other countries. Whereas in the early 1990s raw materials and semiprocessed products were of key importance, today the core export consists in mechanical engineering products. Machinery and vehicles now account for nearly 55% of exports, a rise by 25% as compared with the mid-1990s. Instead of finished products, principal imports today are primary raw materials that cannot be sourced in the Czech Republic (such as crude oil). Lower demand for some export products will thus reflect in cut in contribution of foreign trade with goods and services to GDP growth . CONFIDENCE IN THE ECONOMY Before global financial and economic problems worsened in September 2008, the Czech Republic had enjoyed 30 Fall in confidence and concerns of economic entities, ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Interview with the Czech Ambassador supported by imbalanced approach of some media, will obviously have psychological effect of more prudent microeconomic decisions. From macroeconomic point of view, it will lead to slowdown in growth of domestic demand, mainly for investments. Contribution of domestic final demand to GDP growth could significantly fall in 2009. FINANCIAL INTERMEDIATION Despite unfavourable external development and gradual cooling of domestic economy, the Czech banking sector remains in good shape. Banks are sufficiently capitalized and profitable. Their exposure toward _toxic” assets is negligible and quality of credit portfolio is good. Banks have not granted credits in foreign exchange to a higher extent. There is tension on inter-bank money market since October. It stems from surveys of average daily moneymarket turnovers that banks are not willing in fact to lend one another larger volumes of money for a period longer than one week. Surplus of liquidity is still characteristic for the Czech banking. Q3: The Czech Republic is now presiding over the European Union. What are the main priorities of its Presidency? Czechs believe strongly, that be it long or short term challenges, the precondition for Europe’s success in the 21st century is flexibility and ability to react quickly and rationally. Our capacity to do so is limited most due to internal barriers. The Czech EU Presidency therefore comes with a vision of Europe without barriers - Europe making full use of its economic, human as well as cultural potential. Three main priorities fall under our motto (3E_s): Economy The stress we put on economy is logical. Stabilisation of financial markets is important for our future prosperity and we continue the work that has already started. Dealing with the economic recession that comes as a side effect of the financial crisis belongs to our important tasks. the world in the efforts to tackle climate change. If this is to succeed in times when scarcity of energy sources and increased demand for energy lend suppliers unprecedented political influence, energy must belong to EU_s priorities. Our Presidency is coming up with some new contributions and tools for increasing the European energy security. Energy infrastructure stands high among our priorities. The 2nd Strategic Energy Review is an opportunity to address more carefully the question of interconnections of grids, which are the Achilles_ heel of the European energy market. It also is an opportunity to provide for an analysis of the future EU27 demand and supplies. The January gas crisis has underlined the importance of diversification. The Czech Presidency would like to organize a Southern Corridor summit in Brussels with number of transit or supplying countries from the Caspian region and try to reach progress in the Nabucco project. Europe in the world Europe is a global player, with global responsibilities, which go hand in hand with it. Foreign policy priorities of the Czech Presidency will have both an Eastern dimension (directed towards our neighbours and towards Russia) and a Western one (addressing the United States and the new administration). Within the enlargement agenda, we would like to put the emphasis on Western Balkans. Q4: Are there any plans for a summit meeting of the European Union to decide the taking of anti-recession measures? The crisis and the anti-recession measures are the main topics discussed on all international, European and national forums. In the EU, the Member States are in the phase of implementation of the European recovery plan that was approved at the December European Council. An extraordinary informal summit took place in Brussels on 1March that took stock of where we are now and how to proceed onwards. Different systemic aspects were discussed and necessity of recovery of confidence vibrated during the meeting. Certainly, a set of recommendations will be submitted for approval to the Spring European Council. However, I do not think fit to release them now. Energy Q5: Are there any plans by major countries of the EU to help other countries which face fiscal problems? Energy is the fuel of economy. EU has an ambition to lead The whole world is suffering the effects of the crisis and ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 31 Interview with the Czech Ambassador future. Q6: What are the comments of the Czech Presidency concerning plans by France and Spain to bail out their car industries? even the major countries of the EU have both hands full of looking for the proper way to cross the river. I have to mention the high principle for difficult times at the European level - the solidarity. I think there is a concrete evidence of application of this principle that has helped those most in need: ñ balance of payments support for Hungary and Latvia worth almost m10 billion, reflecting Member States’ strong resolve to contain the effects of the crisis among fellow EU members; ñ frontloading of cohesion and structural funds releasing m11 billion - m7 billion of which for the new Member States. ñ a significant expansion in the European Investment Bank’s activities, with an extra m15 billion per annum available in 2009 and 2010 - an increase of 30% above average lending. Convergence lending will increase by m2.5 billion per annum, with particular emphasis on the new Member States. In addition, let me to remind Commissioner’s Joaquin Almunia words few days ago: If crisis emerges in one euro zone country, there is a solution before visiting the International Monetary Fund. Do not fear for this moment - Europe is equipped intellectually, politically and economically to face this crisis scenario, but by definition these kinds of things should not be explained in public. And for the rest of European Union I do not hesitate to say that the EU and its Member States are in a stand by position for the partners who might need their help in the 32 The current crisis has dealt the car industry a particularly hard blow. There are quite many European countries where the automotive industry plays the role of the leading industrial sector with multiplicative effects on related sectors and great impact on employment. Of course, Governments of those countries are obliged to do their best to rescue the sector and the jobs. According to Commission data, the European car industry has a yearly turnover of 780 billion euro and creates about 12 million jobs, both directly and indirectly. So, it is worth the efforts. However, short-term measures to help car manufacturers must not jeopardise the long-term prospects of the industry as a whole. Even at a time of crisis, we can only undertake steps that are coordinated and well thought out and at the same time are not in contradiction with the rules of the game. Therefore, coordinated support for the car industry is one of the Czech Presidency priority topics nowadays. The debate on the stimuli for the car industry has been in progress at different European levels. It was discussed within the informal Summit on 1 March in Brussels, conclusions of Competitiveness Council were adopted and we will continue at the Spring European Council. Q7: Is there any danger of protectionism arising in the European Union? Protectionist measures must be strictly rejected as they only worsen the situation. Adherence to the rules of the internal market and fair competition is our only alternative. This message should be defended not only within the EU but also in the conversations with our international partners. This also was why the Presidency called an Informal meeting of Heads of State and Governments on 1 March. The meeting addressed the steps taken by the individual EU Member States within the scope of implementation of the Recovery Plan and has shown that at a time of growing pressure the Member States have resisted to adopt protectionist measures as a tool to shield their national ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Interview with the Czech Ambassador economies from the impacts of the financial crisis. Member States are well aware that breaking the rules of fair competition may, in the long run, do more economic as well as political harm than the crisis itself. Q8: To what extent the Czech Presidency has helped to bring about a solution to the Russian - Ukrainian gas dispute? Russian - Ukrainian gas dispute was culminating at the very beginning of our Presidency. First it looked like that two business players, using the low winter temperature as a negotiating tool, needed few days to solve their commercial dispute.. Of course, the immediate EU position presented by the Presidency was that all existing commitments to supply and transit the gas to the EU must be honoured. We wished to trust fully the reliability of our gas suppliers, however, the Presidency together with the Commission was monitoring situation very closely and it grew evident very soon that the situation would ask for political intervention. Substantial cuts of gas supplies followed by full stop of deliveries were applied. So, we had no choice but to act. Firstly, a fact -finding mission, led by the Czech Minister of Industry and Trade, to Ukraine and Russia collected the information on current situation from both parts in two days talks (5 - 6 January) and reported on it to the EU Member States on an informal General Affairs Council. Secondly, as the two parties to the dispute did not find a prompt way to restore regular gas supplies to the EU we considered to organize top level meetings of EU representatives with both Russian and Ukrainian counterparts. A European delegation led by Prime Minister Topol_nek negotiated finally the ressumption of gas supplies with the highest representatives of Ukraine and Russia within a shuttle diplomacy between two capitals. Thirdly, an extraordinary session of the Energy Council took place in Brussels on 12 January to inform partners about the outcome of the meetings and evaluate the situation of gas supplies in the Member States concerned. The Council agreed, inter alia, on the necessity to develop and strengthen medium and long-term measures to reinforce the energy security of the EU. These measures should be based on five priority axes - transparency of gas flows, demand and storage, solidarity arrangements, strengthening interconnections between Member States and further diversification of transport routes and sources. The unanimous EU position was very important negotiating tool during the gas crisis. ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Q9: What are the prospects for the ratification of the Lisbon Treaty? I believe that by the end of this year the Lisbon Treaty will be ratified by all EU 27. In the Czech Republic, the Treaty is in the middle of the ratification procedure. It was approved by The Chamber of Representatives (Lower House of the Parliament) on 18 February and now it has been submitted for vote to the Senate (Upper House of the Parliament). The ratification procedure will be finalized by the signature of the President of the Czech Republic. Regarding the prospective referendum in Ireland, I hope that the conclusions of the December European Council are satisfactory enough for the Irish people and they will vote in favour of the Treaty. Q10: Are you aware of the main issues which will be discussed at the G20 summit meeting in London in April and what are the expectations of the Czech Presidency? Our financial markets and economies have grown increasingly interconnected. This is why the only possible way forward is to ensure global coordination in designing policy responses to the difficult economic situation. This is not to say that Europe must wait for an international consensus before we act. On the contrary, we have seen that Europe is leading in many areas but the challenge is to ensure that any solutions we find will keep Europe open and will not segment global markets. The G20 represents the best platform for conversation. At the first meeting in November 2008, the G20 Heads of state agreed an ambitious action plan for measures to be taken both in the short and medium term to improve international financial regulation. The preparatory work for the next meeting - planned for April 2 this year is underway. Four expert working groups have been established. Among others, the groups work on developing new regulation and supervision of the global financial services market. The Czech Presidency will strive for the agreement on the common position of the EU countries for G20 negotiations at all possible levels. European Council meeting on 19 March will be key in finalizing the EU position. It is already clear that increasing transparency, extending the scope of regulation to actors which have so far not been regulated, enhancing the soundness of the financial system via new prudential rules and accounting standards, as well as improving the compensation schemes in financial institutions will be the themes around which we will be able to rally 35 The Financial crisis and Monetary policy The International Financial Turmoil and the Economy Speech by Athanasios Orphanides, Governor of the Central Bank of Cyprus, at a dinner of the Institute of Certified Public Accountants of Cyprus materialise with a financial disturbance and a worsening real economy reinforcing each other in a downward spiral for a time. Today the world is facing such an extraordinary disturbance of the international financial system. How bad is it? We need to go back many decades—-to the 1930s—to identify a disturbance to the international financial system of a similar magnitude. Over the past several months, we have experienced the collapse of major international financial institutions and a systemic breakdown of key financial markets Athanasios Orphanides, Governor of the Central Bank of Cyprus which have led to a severe and synchronised It is a great pleasure for me to be here this evening economic downturn in the world’s advanced economies. and I would like to thank the Limassol-Paphos Coordinating Committee of the Institute of Certified Public How did it happen? Briefly, the trigger for the turmoil is Accountants for the kind invitation. I will use this associated with the end of the most recent housing cycle opportunity to share with you some thoughts on the and the related rise in defaults on subprime mortgages international financial tur-moil, its mounting global impact in the United States. The cause of the crisis, however, on the real economy and the concomitant policy response, must be traced to an accumulation of imbalances in the particularly from a central bank perspective. In this world economy that built up over a number a years and context, I will also review the outlook for the Cyprus gaps in the regulatory framework that permitted excessive economy. I note that the views I express are my own risk taking by a number of systemically important and do not necessarily reflect the views of my colleagues financial institutions around the world. on the Governing Council of the European Central Bank. The financial system is the heart of the modern capitalist economy. When it functions properly, it efficiently allocates scarce financial resources to the most productive use, allowing a seamless transfer of funds from lenders to borrowers through banking institutions, capital and money markets. If this key role is disrupted, the real economy may suffer. Depending on the magnitude of the disruption, the implications for the real economy could be dire, especially if policy measures do not succeed in isolating and correcting the problem sufficiently quickly. In that case, a negative feedback loop may 36 In the years leading to the outbreak of the financial turmoil in August 2007, consumers, firms and investors, especially in the United States and Europe, were encouraged by a benign macroeconomic environment of low interest rates, low inflation and sustained economic growth to expect continued prosperity. More specifically, the success of economic policies during this period to dampen significantly macroeconomic fluctuations as well as the low cost of borrowing contributed to an underestimation of the risk and its under pricing by economic agents. This in turn resulted in excessive risk taking and a proliferation of complex financial ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 The Financial crisis and Monetary policy instruments. Prices of real estate and other assets as well as leverage rose significantly. Regulators did not sufficiently appreciate the accumulating dangers to the financial system and were not fully aware of their seriousness. When house prices started to fall in the United States and subprime-mortgage-related defaults increased by more than was expected, it became evident that the risk in securities related to subprime mortgages was mispriced. This raised questions about valuations of complex securities that contained elements backed by subprime mortgages and about possible solvency problems of banking institutions holding these securities. From the subprime-related market segment, tensions spilled over to other markets, including the money markets in the US and in Europe. Following the outbreak of the turmoil in August 2007, tensions remained elevated for over a year only to become vastly worse following the failure of the American investment bank Lehman Brothers in September 2008. Money markets essentially froze in September - October 2008 due to a collapse in confidence that made banks unwilling to engage in unsecured transactions with each other. These developments also hastened the deleveraging process that was already under way and prompted an abrupt tightening of credit conditions and a sharp deterioration in the global economy during the fourth quarter of 2008 that appears to be continuing in 2009. It drastically changed the outlook for inflation, reversing the upward pressure exhibited during the first half of 2008, but also vastly raised the uncertainty about the outlook for the economy worldwide. The policy response to the turmoil in September 2008 was also massive, reflecting the magnitude of the problem. Governments and central banks took a multitude of measures in a concerted fashion with a view to alleviating the impact of the financial crisis on the real economy, restoring confidence and the efficient functioning of financial markets. These included coordinated liquidity provision operations and interest rate reductions by major central banks, measures to enhance the liquidity in the banking system and government programs to buy toxic assets, recapitalise financial institutions and set up deposit protection schemes. At the same time, regulatory and supervisory frameworks have been scrutinised so as to identify how they may be strengthened. ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Against this background, it is of particular interest to focus on the way central banks have reacted to the crisis since the collapse of Lehman Brothers. In addition to operations designed to alleviate worsening liquidity problems, and in light of the deterioration in the real economy and dampening of inflation pressures, all major central banks in the industrialised world have reduced their policy rates. In an unprecedented coordinated interest rate move on 8 October, six major central banks, including the ECB, reduced their policy rates by as much as 50 basis points. With a continued deterioration in the financial system and a related worsening of the real economy and dampening of inflation pressures, policy rates around the world were subsequently reduced even more drastically to record low levels. On December 11, the Swiss National Bank lowered its three-month Libor target range all the way down to 0.0-1.0% and on December 16 2008 the Federal Reserve reduced its target further, to a range of 0 to 25 basis points for the target federal funds rate. Likewise, the Bank of England reduced its rate by a total of 31/2 percentage points in only four months to 11/2% in January 2009, its lowest ever level. Against diminishing inflationary pressures and downward prospects for the euro area, the ECB substantially reduced the main refinancing rate to 2% in January 2009, matching the lowest rate ever. I note that the Bank of Japan, which had maintained very low rates for a decade, also reduced the target for its policy interest rate from 0,5% to 0,3% at the end of October 2008 and further reduced it to 0,1% in December 2008. Since short-term nominal interest rates cannot be reduced below zero, the fact that policy rates set by some central banks, such as the Bank of Japan, the Federal Reserve and the Swiss National Bank are already extremely close to zero, and that policy rates of other central banks, including the ECB and the Bank of England, are at historical lows, has rekindled interest in questions regarding possible complications for monetary policy operating at very low interest rates. It is sometimes stated, for instance, that monetary policy becomes ineffective once the short-term interest rate gets close to zero, in the sense that monetary policy cannot be eased any further, even though the central bank may wish to do so. As I have stated before, this idea of such policy ineffectiveness is a fallacy. I should add that the fallacy that monetary policy is ineffective when short-term interest rates are close to zero is dangerous because it may promote inaction. A central 37 The Financial crisis and Monetary policy bank that has already reduced its policy rate to zero could be incorrectly advised to stop pursuing expansionary measures because these are thought to be ineffective. And a central bank with a policy rate that is positive but rather low, might be incorrectly advised to “save its ammunition” so that it may still be in a position to ease policy later on. One flaw in the policy ineffectiveness argument and related policy advice is that it focuses too narrowly on the short-term nominal interest rate as the instrument for monetary policy. While this focus is convenient and appropriate under normal circumstances - that is when rates are not close to zero - it is insufficient for describing changes in the stance of monetary policy when short-term interest rates touch zero. Under such circumstances, attention should shift to the quantity of money and reserves, the size of a central bank’s balance sheet, and interest rates at longer maturities that do not touch zero. Ultimately, a money issuing central bank does not face limitations in increasing the quantity of money by expanding its balance sheet and can continue to do so even if short-term interest rates cannot be reduced further, for example when the overnight interest rate equals zero. By doing so, a central bank can have a positive effect on nominal asset prices and influence longer-term interest rates even if the overnight rate is unaffected. That said, it should be recognised that conducting and communicating additional monetary policy easing is far more challenging when it is not accompanied by a reduction in the policy rate. Because the historical experience with the conduct of monetary policy at very low rates is very limited, calibrating the correct size of a non-conventional policy easing conducted through expanding a central bank’s balance sheet is far harder than the equivalent determination of how much to reduce the short-term interest rate under ordinary circumstances. Precisely because of these challenges, it may be desirable for central banks to take forceful and pre-emptive interest rate action aiming to minimise the probability that they may later find themselves in a situation where they will be forced to resort to unconventional policy easing. Perhaps paradoxically, the greater the concern about conducting monetary policy with zero interest rates, the more aggressive should be the interest rate cuts that are pursued beforehand in response to adverse economic shocks that threaten to bring inflation significantly below 38 the central bank’s price stability objective. With interest rates at or very close to the zero bound, central banks inevitably have to deploy beyond the key interest rate some other facilities, in their operational frameworks. These measures essentially constituted quantitative expansion in that they all make use of the asset side of the central banks’ balance sheet. A multitude of tools have been used to that end which comprise the provision of liquidity, the purchase of commercial paper, asset-backed securities and bonds. The mounting importance of the use of these operations, especially after the intensification of the crisis in September October 2008, can be illuminated with a cursory look at the evolution of the balance sheets of some major central banks. For the Federal Reserve, the size of the balance sheet more than doubled between July and December 2008. This expansion includes numerous credit easing measures but also bail-outs as well as some of the government measures already taken. This also holds for the total assets in Bank of England’s balance sheet. The Eurosystem’s total assets also increased by around 40% between July and December 2008. It is interesting to note however, that the expansion of the Eurosystem’s balance sheet did not require any legislative or related efforts, reflecting the flexibility inherent in its framework. In the case of the Bank of England and the Federal Reserve, some of the measures taken needed to be approved or coordinated by the respective ministries of finance before they were applied. Focusing briefly on the Federal Reserve, its policy toolkit now can be thought of as having three sets of tools. The first set, involves the provision of short-term liquidity to sound financial institutions through the creation of new facilities for auctioning credit and making primary securities dealers, as well as banks, eligible to borrow at the Fed’s discount window. The Federal Reserve’s second set of policy tools involves the provision of liquidity directly to borrowers and investors in key credit markets. An example is the introduction of facilities to purchase highly rated commercial paper at a term of three months and to provide backup liquidity for money market mutual funds. In addition, the Federal Reserve and the Treasury jointly announced a facility that will lend against AAA-rated asset-backed securities collateralised by student loans, auto loans, credit card loans, and loans guaranteed by the Small Business ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 The Financial crisis and Monetary policy Administration. The Federal Reserve’s third set of policy tools for supporting the functioning of credit markets involves the purchase of longer-term securities for the Fed’s portfolio. Comparable tools that can facilitate further policy easing, as needed, are also part of the Bank of England’s toolkit. The Bank of England is prepared to purchase a range of financial assets in order to expand the amount of reserves held by commercial banks and to increase the availability of credit to companies. Further, as was announced earlier this month, the Bank will be authorised by the Treasury to purchase high quality private sector assets. This should encourage the banking system to expand the supply of broad money by lending to the private sector and also help companies to raise finance from capital markets. The Bank of England will also use asset purchases for monetary policy purposes should the Monetary Policy Committee conclude that this would be a useful additional tool for meeting the inflation target. The Bank of Japan, which about a decade ago was the first central bank in modern times to embark on quantitative easing, has also introduced additional tools. A new operation has been announced through which financial institutions can borrow low-interest funds from the Bank against corporate debt. The ECB has also stepped up its efforts to ensure access to central bank liquidity by solvent banks. To that end, the ECB adopted new measures in its monetary policy implementation framework. Among others, it proceeded with the enlargement of the basis of eligible collateral for the conduct of its main refinancing operations. Further, it proceeded with the provision of liquidity in dollars and Swiss francs, in cooperation with the US Federal Reserve Bank and the Swiss National Bank, respectively. It also increased the number and duration of longer-term refinancing operations. By adopting a fixed-rate tender procedure with full allotment in all refinancing operations the ECB essentially made available unlimited liquidity to banks for up to six months, upon presentation of appropriate collateral. These measures have contributed towards averting a devastating collapse of the financial system, both in the euro area and internationally. However, despite their benign impact on the functioning of financial markets, the ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 global economic outlook has continued to deteriorate in the past few months. As new data were coming in, all international organisations revised their forecasts for the next couple of years. The European Commission in its interim forecasts, released on 19 January 2009, anticipates a broad-based economic downturn during 2009, with forecast GDP growth at -1,9% for the euro area, -1,6% for the USA, -2,4% for Japan and -2,8% for the UK. This represents a substantial downward revision from the Commission’s earlier projection that was released in November of last year. The corresponding European Commission forecasts for 2009 GDP growth released just three months ago were considerably more optimistic, specifically, by 2% for the euro area, by 1.1% for the USA, by 2 percent for Japan and by 1.8 percent for the UK. Inescapably, Cyprus could not be exempted from such an across the board deterioration of the economic outlook. According to the Commission Cyprus GDP growth for 2009 is expected to average just 1,1%, compared to the 2,9% forecast presented in the autumn. Our economy could not of course remain unaffected from the global economic downswing I described above. However, we cannot overlook the fact that any negative repercussions will be substantially milder as a result of our accession to the euro area and the adoption of the euro which acts as a shield against an exchange rate crisis. In addition, the stability of the single currency has been a significant factor in preserving the attractiveness of our banking system for foreign deposits in Cyprus. The biggest risk factor facing the banking system has been avoided and so far no serious problems have been experienced. To sum up, the euro adoption in combination with the banking supervision by the Central Bank and the conservative lending policies of the commercial banks have contributed to the shield against the crisis. Of course, the fact that the UK, one of our major trading partners is one of the countries most affected by the financial crisis continues to be a source of concern. We will have to wait and see whether the expected decline in UK tourist arrivals and British purchases of houses will be as bad as is anticipated. In any event, our economy is doing relatively better than most other economies in the European Union. While our economy compares well with other economies in the euro area, it must be recognized that it is slowing 39 The Financial crisis and Monetary policy down. The construction and tourism industries are facing a downturn and overall consumer confidence has fallen. More important, the degree of uncertainty regarding the outlook of the global economy is so substantial at the moment that the country should be prepared with an emergency recovery plan in case a worst case growth scenario materializes owing to a worse than expected deterioration in the euro area, the UK, and the economies of out other major trading partners. It is essential to plan in advance of the need to implement measures that might be deemed appropriate for limiting the repercussions of the crisis in Cyprus. In light of the well known lags associated with the implementation of government initiatives, it is imperative that the preparatory work needed to implement specific and carefully planned measures is done well in advance. As always, attention should be given to those development projects from which our economy would derive a higher value added and a larger productivity gain. The issue of productivity is extremely important in the current situation of slowing foreign demand, increased competition and tougher borrowing conditions as a reduction in competitiveness can undermine the performance of Cypriot enterprises compete overseas. The increase in productivity that our economy has achieved so far, even if it continues to be above the corresponding increase in the euro area, is not sufficient to eliminate the differences in labour costs that still prevail. Productivity boosting measures, such as the adoption of innovations and new technologies, should constitute a high priority for the business world and the government. Further progress can also be achieved with more simplified administrative procedures dealing with businesses and a reduction of bureaucracy. some in the euro area, I continue to believe that it remains healthy and strong. Nevertheless, the international turmoil has inevitably affected the lending conditions in Cyprus. As in many other countries, deposit and lending interest rates have increased considerably, along with the interbank rate Euribor, which constitutes a reference rate for lending and deposit rates. However, these interest rates increases are gradually being reversed, as can already be seen from the continuing decrease in Euribor interest rates. The drastic and decisive action taken by the ECB and other central banks, has contributed decisively to this process of normalisation. Our government could also contribute to the enhancement of credit availability in the private sector by taking measures similar to those that have already been implemented in a number of other euro area countries in line with the Common European Action Plan agreed to by the EU and national authorities in October. Such measures could include the issuance of special government bonds which could be lent to banks, which in turn, would use them as collateral to access cheap funding from the Eurosystem, as well as the provision of government guarantees to banks wishing to access the international capital markets through bond issuance. The implementation of such measures may facilitate credit at lower cost. Because such measures have already been implemented in other euro area countries including Greece, it may be particularly important for our government to consider them also in order to promote a level playing field between local and foreign banks and thus avoiding putting our banks in a competitive disadvantage. Whatever expansionary measures may be contemplated, they should also be targeted and temporary, with an expiration date. It would be undesirable to risk a long-term deterioration in the country’s public finances, in an effort to provide a temporary boost to consumption. Undoing the hard-earned gains of fiscal consolidation of the past several years would be ill advised and would undermine public confidence in the sustainability of public finances. I would like to conclude with an observation and a wish. The observation is that we live in interesting times. Since last September, in particular, we are experiencing a financial crisis, the magnitude of which we hope not to experience again in our life time. The policy response was swift and massive. The measures taken so far appear to have succeeded in averting the worst that could have otherwise materialised. Unfortunately the financial crisis has spilled over to the real economy and, compared to 2008, 2009 is set to be a difficult year. I wish that it proves to be less interesting. With regard to our banking sector, and contrary to the problems appearing in several other countries including Note the above speech was given to the Limassol - Paphos coordinating committee on 28 January 2009 40 ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Auditing in the present economic crisis Audit challenges in the current volatile economic environment The recent events in the financial markets continue to cause economic uncertainty and considerable volatility in the global capital markets. These economic and market conditions are contributing to enormous challenges for entities in all industry sectors. In turn, they also provide particular challenges to all involved with the By Gabriel Onisiforou, Partner Ernst & Young annual reports and financial Member of the Auditing statements, including preStandards Committee of parers, members of the board ICPAC of directors, members of the audit committees, external auditors, regulators, inve-stors, lenders etc. Under the Companies Law, the board of directors is responsible for the preparation and for the true and fair presentation of the financial statements in accordance with International Financial Reporting Standards (IFRSs); the auditor is responsible for issuing an opinion thereon. As auditors, we surely cannot take a “business as usual” approach to auditing during this economic environment. These difficult market conditions warrant additional attention to: goodwill valuations, financial assets valuation, inventories NRV, bad debts, pension fund obligations etc), including market transactions, cash flow projections, yield curves, credit / liquidity spreads, discount factors, expected return on assets etc ñ evaluating the going concern assumption ñ evaluating the sufficiency and accuracy of the disclosures contained in the financial statements as well as assessing the consistency of information provided outside the financial statements but within the annual reports (e.g. directors’ report). It is not the purpose of this article to outline the International Standards on Auditing, Assurance and Ethic Pronouncements, and the International Financial Reporting Standards, but to highlight certain areas of these standards that may be more relevant in these economic conditions. ñ [ISA 315, Understanding the Entity and Its Environment and Assessing the Risks of Material Misstatement] The auditor should maintain an attitude of professional scepticism and should consider the risks of material misstatements in the financial statements due to fraud ñ [ISA 330, The Auditor’s Procedures in Response to assets, fair value measurements of assets, adequacy of liabilities and provisions, measurement of revenue and expenditure etc Assessed Risks] The auditor should design and perform further audit procedures whose nature, timing and extent are responsive to the assessed risks of material misstatements. ñ auditing judgments and estimates, e.g. valuation ñ [ISA 500, Audit Evidence] The auditor should obtain models, methods and assumptions used in fair value and other measurements (e.g. PPE, intangibles and sufficient appropriate audit evidence to be able to draw reasonable conclusions on which to base the audit opinion ñ auditing accounts, e.g., realisability / impairment of ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 43 Auditing in the present economic crisis ñ [ISA 540, Audit Accounting Estimates and Related ñ [ISA701, Modifications to the Independent Auditor’s Disclosures] The auditor should obtain sufficient appropriate audit evidence regarding accounting estimates and related disclosures. The auditor should determine the need to use the work of an expert. Report] The auditor’s report, if appropriate, should be modified with regards to highlighting a going concern problem or a significant other uncertainty. It should also be modified in cases of limitation on scope and disagreements with management ñ [ISA 545, Auditing Fair Value Measurements and Disclosures] The auditor should obtain sufficient appropriate audit evidence that fair value measurements and disclosures are in accordance with IFRS and consistently applied by the entity. The auditor should determine the need to use the work of an expert. ñ [ISA260, Communication of Audit Matters with those charged with Governance] The auditor should communicate audit matters of governance interest arising from the audit of financial statements with those charged with governance of an entity. ñ [ISA720, Other Information in Documents Containing ñ [ISA620, Using the Work of an Expert] When using the work performed by an expert, the auditor should obtain sufficient appropriate audit evidence that such work is adequate for the purposes of the audit Audited Financial Statements] The auditor should read the other information to identify material inconsistencies with the audited financial statements ñ [Cyprus Companies Law] The Directors’ report should ñ [ISA 230, Audit Documentation] Audit documentation shall contain a sufficient and appropriate record of the basis of for the auditor’s report and should provide evidence that the audit was performed in accordance with ISAs and applicable legal and regulatory requirements contain a fair review of the development and performance of the entity’s business and of its position, together with a description of the principal risks and uncertainties that it faces. It must also contain an assessment of the entity’s likely future development. ñ [IFRS 7, Financial Instruments: Disclosures] Financial ñ [ISA 560, Subsequent Events] The auditor should consider the effect of subsequent events on the financial statements and on the auditor’s report risks and sensitivity analysis, including qualitative disclosures ñ [IAS 1, Presentation of Financial Statements] Capital ñ [ISA 570, Going Concern] When planning and performing audit procedures and in evaluating the results, thereof, the auditor should consider the appropriateness of management’s use of the going concern assumption in the preparation of the financial statements maintenance ñ [IAS 1, Presentation of Financial Statements] Going concern assumption ñ [IAS 1, Presentation of Financial Statements] Sources of estimation, uncertainties/judgements ñ [ISA580 Management Representations] The auditor should obtain appropriate representations from management ñ [IAS 10, Events after the Balance Sheet Date] ñ [IAS 24, Related Party Disclosures] ñ [ISA700, The Independent Auditor’s Report] The auditor’s report should contain a clear expression of the auditor’s opinion on the financial statements ñ [IAS 36, Impairment of Assets] ñ [IAS 37, Provisions, Contingent Liabilities] 44 ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 The Economic Crisis and Protectionism The International Economic Crisis leads to the Revival of protectionism Economic nationalism and the revival of protectionism as for example the instigation for jobs and capital to remain in the local market makes the economic crisis a political crisis also, which may to lead to the deepening of the economic crisis. If an end is not put to this national economic protectionism the effects on By Angelos Gregoriades, the international economy Partner KPMG will be very dire. For example the fact that in the economic stimulus of $787 billion for the bail-out of the American economy there is a provision for the purchase of American products will lead to reprisals from other countries. Also if more expensive American components and raw materials are used the result will be that the final product, as for example motor cars, will be more expensive and thus sales will be reduced. The provision in the package to bail-out the American economy “buy American” has been criticized by Japan as a violation of the rules of the World Trade Organization (WTO). In parallel the European Union has warned with the taking of possible economic measures against the USA if it proceeds with the implementation of this provision. In certain countries of the EU when the politicians approve capital to be given to local banks they demand that these funds should be used for loans to local industries and local consumers. A similar request has come from our politicians for any increased liquidity which the banks may have, that is that they should not use this money for their subsidiaries abroad. Financial protectionism exist to a greater extent in the Eastern and South Europe where there is suspicion that the banks could export funds to their subsidiaries abroad. The governor of the Central Bank of Greece, Mr. Georgios Provopoulos, has warned Greek banks not to use part of the help they will get for the amount of $28 billion to transfer funds to their subsidiaries in the Balkan countries. However the prime minister of ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Britain, Mr. Gordon Brown, has stated that the greatest danger, after the events of the last three months, is that the countries may enter into a financial isolationism. The World Trade Organisation (WTO) has warned member governments that financial bailout packages confined to domestic banks may discriminate unfairly against foreign competitors, squeezing their access to credit markets and deposits. Where foreign banks compete in the same markets as domestic institutions, excluding them from bailouts could distort competition and trade. European leaders have been accused of “bribing multinationals” and stealing jobs from neighbouring countries as they use taxpayers’ money to support businesses affected by the economic turmoil. However so far no commercial protectionism has been observed except in the case of Russia which is not a member of WTO because this Organisation and the rules of the European Union limit the possibility for import duties to be raised. The world leaders have recently warned against protectionism as the economies of Russia to the EU and Asia are trying to protect their industries from the slow - down of the world economy. However protectionism may actually delay the revival of the world economy. In the recent meeting of G7, that is the seven riches countries of the West, in Rome it was decided to take measures for the stabilization of financial markets, the decrease of interests rates and the taking of fiscal measures to boost demand. They also reiterated their opposition to the national protectionism and asked for the taking of measures for the early completion of the Doha Round to further liberalize of international trade. They also emphasized the need for the taking of measures for access of emerging, economies to financial facilities. The French government has decided to support the French motorcar industry with an amount of m6 billion provided they take measures to maintain jobs in France. This decision by the French President has been criticized by the Czech Republic and Slovakia since he asked the motor company, Peugeot - Citroen to close their factories in these countries, although finally he did not insist on this view. In 45 The Economic Crisis and Protectionism parallel Spain also has decided to offer financial assistance amounting to m4 billion for the Spanish motorcar industry while the Minister of Commerce, Industry and Tourism, Mr. Miguel Sebastian has inaugurated the slogan “Buy Spanish products”. It may be advisable that a similar slogan may also be introduced in Cyprus with regard to tourism, i.e. “Have your holidays in Cyprus”, so that the decrease of the tourist inflow to Cyprus may be offset by internal tourism. As the prime Minister of the Czech Republic Mr. Mirec Topolanek, who now presides the EU has stated protectionism and economic nationalism in the EU will damage both the European Internal Market and the Eurozone. In Britain there were strikes against the employment of foreign workers. But Mr. John Monks leader of the Confederation of Trade Unions of the EU has supported the free movement of the labour force in the European Union. Also Lord Mandelson, the Secretary of Britain for businesses, has stated that protectionism will deepen the international economic crisis. This statement by Lord Mandelson is supported by the bad example of the 1930’s when the decision of the USA, which the Governments of Europe and elsewhere followed, to introduce protectionist measures extended the extent and deepened of the world economic crisis. In Cyprus if we don’t use workers from the European Union and from third countries many activities can not be effectively pursued, for example agricultural. Monetary policy The Management of Monetary Policy The objective of monetary policy is the control of the economy so as to avoid both inflationary pressures and recession. The main tool of monetary policy is the interest rate. In cases of danger of inflationary pressures the interest rates increase so that demand for bank loans is reduced and thus investment and By Tassos Anastasiades, consumption expenditure. Deputy Editor On the other hand if there is a danger of recession the interest rates are reduced as it happens today in all countries. Another tool which is used in monetary policy is the monitoring of monetary expansion. It is noted that money supply, which includes the currency in circulation and bank deposits, should not increase by more than the growth rate of the national income in monetary terms plus the inflation rate. It may be noted that the Bank of England and the European Central Bank (ECB) have targets for the inflation rates, the 46 Federal Reserve does not have such a target but it is considering to introduce one. The Bank of England has a target of an inflation rate of 2% with 1% above or below which means that the bank of England is concerned also about the drop in the inflation rate below 2%, so as to take measures to face a potential recession. On the other hand the target of the ECB is for an inflation rate of 2% or below which means that it is not concerned if the prices fall below 2% when there will be a danger of recession and deflation. Economists believe that it will be beneficial if also the Federal Reserve adopts an inflation target after the end of the present financial crisis. Monetary policy can be more effective if its management is in the hands of the Central Bank. During the 1970’s monetary policy, in most countries, was managed by governments and thus monetary policy was not effective. This is because if elections were expected and even when there were inflationary pressures the government could reduce the interest rates and increase the money supply to satisfy more investors and consumers. The bad result, however, would come after 15 - 18 months. In the mean time the government is elected because it satisfied many electors. Thus one country after another has made the Central Bank independent as it is the European Central ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Monetary policy Bank and actually all the Centrals Banks of the 27 members of the European Union. Unfortunately in the USA the Central Bank, that is the Federal Reserve, did not face the situation satisfactorily after 2002 when the American Economy recovered from the recession of 2000. For some reasons, perhaps because there were big imports from China with cheap consumer goods, the inflation rate, as measured by the Consumer Price Index, was low and thus the Federal Reserve did not increase the interest rates. It proceeded with gradual decreases of the interest rate from 6.5% in 2000 to 1% in June 2003. But asset prices (shares and immovable property) were increasing and thus interest rates should have increased. There was also enough liquidity because China and Japan with big current account surpluses were buying government securities in America, something which increased liquidity. Thus the banks had enough liquidity to lend and at low interest rates. So high bank credit expansion led to the significant increase of asset prices. In parallel the American Banks were offering credit to persons who wanted to buy houses an amount higher than 100% of the value of the property while in the case of Cyprus they are offering a loan not more than 70 - 80 % of the value of the asset. Also they were not careful to ascertain that the borrower could repay the loan in contrast to our banks which make sure that the borrower is in a position to repay the loan. In our case we could avoid the high increase in asset prices if we had an independent monetary policy and thus we could increase the interest rates and avoid the high expansion of bank credit, higher than 30% on an annual bassis, in relation to 15% which is justified by the growth rate of our economy and the inflation rate. Now in America with almost zero interest rate, monetary policy is not effective and the Federal Reserve is using unconventional methods to avoid the deepening of recession and thus avoid the increase of unemployment. The Federal Reserve is buying both government and corporate securities to increase the money supply so that the banks will have enough liquidity to expand credit thus leading to the increase in consumption and investment demand. The Federal Reserve is using the experience of the Central Bank of Japan which used unconventional methods at the beginning of the 1990’s when it adopted the method of increasing the liquidity of the banks so that bank credit is increased and avoid deflation. The Bank of ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 England is now considering following the unconventional methods that the Central Banks of Japan and America are using especially when interest rates become zero. It is noted that the basic of interest rate of the Bank of England is 0.5%, of the ECB 1.5% and of the Federal Reserve is 0 - 25%. In the mean time the ECB has decided that it can buy government securities something which has also been recommended by the Governor of Central bank of Cyprus Mr. Athanasios Orphanides. For example Mr. Orphanides has suggested the issue of special Cyprus government bonds which could be lent to banks which in turn could use them as collateral to access cheap funding from the Eurosystem as well as the provision of government guaranties to banks wishing to access the international capital markets through a bond issue. Thus the cost of the banks will be reduced leading to low lending rates. The objective of the unconventional monetary measures, that is the purchase by government of corporate and government securities, is to give more liquidity to the banks but also have lower lending rates. Mr. Loucas Papademos, Vice - President of the ECB has stated that the European Central bank should undertake the monitoring of the big banks which operate in more than one country in the 16 member countries of the Eurozone in cooperation with the national Central Banks. There are indications that the suggestion of Mr. Papademos is supported by the members of the governing Council of the ECB. In the EU about 45 big banks which operate in more than one country in the Eurozone constitute about 70% of the banks’ assets. In this respect Mr. Athanasios Orphanides has stated that the present financial crisis is an opportunity to move fast in the coordination of banking supervision and monitoring in the Eurozone, something which it will be important for avoiding future economic crises. The President of the Federal Reserve Mr. Ben Bernanke has stated that the fiscal stimulus will greatly help in the revival of the economy. But for a permanent revival of the economy there must be significant measures for the stabilisation and strengthening of the financial system. A method which can be used is the creation “Bad Banks” to buy toxic assets from banks and offer cash. With regard to the setting up of “Bad Banks” we can use the experience of Sweden which used this method to withdraw the toxic assets from the banks in the financial crisis of the 1990’s. 47 The bail-out of banks The Bail-out of Banks Internationally A sound banking system is the basis for a stable and high growth rate. With out satisfactory financing from the banking system, the businesses cannot make investments while consumption demand is reduced especially for durable consumer goods which are bought on credit. Fortunately our banking system is sound and it is in a By Christos V. Vasiliou, position to offer loans to Board Member, KPMG businessmen as well as to Limited consumers. As the President Head of Financial Risk of the European Commission Management Mr. Jose Manuel Barosso has stated “the return of the banking system to normality is the parachute which will lead to the smooth landing of the economy in conditions of normal functionaring”. Towards this end in a recent meeting in Brussels it was decided to set up a special service for the monitoring of financial risk and the coordinated supervision of banks. This project is expected to be approved in the summit meeting of the 27 members of the EU in June and is expected to give enhanced powers to the Central Supervisory Authorities, for the supervision of the Financial and insurance to companies. As the President of the Federal Reserve Mr. Ben Bernanke stated the serious recession in the USA would be extended until 2010, unless the government succeeds to stabilize the banks and the markets. Mr. Bernanke also stated that if the measures taken by the government, the Congress and the Federal Reserve succeed to bring financial stability, the prospect is that the present financial crisis will end in 2009 and 2010 will be the period for the starting of the revival of the economy. According to statistics from the IMF since 1970 there have been 124 financial crises during which bad debts were extended to the whole economy and to a large extent the banking sector was bankrupt. It is noted that these financial crises, except six, occurred in emerging markets. The crisis which occurred in Japan was the result of the bursting of the property bubble at the end of the 1980’s. But the speed of recovery differs significantly. For example in Japan the crisis lasted for a decade of economic sagnation while South Korea succeeded to bring the 48 economy to economic growth in two years after the financial crisis in 1997. Also Sweden recovered quickly because it acted fast to remove the toxic products from the balance sheets of the banks, injected capital in the banks which faced problems and nationalized where it was necessary to do so. In most cases the economic crisis was the result of the significant increase in the prices of immovable property and the high bank credits. It may be stated that the bank credit in Cyprus between January 2008 and 2009 increased by 32% while on the basis of the growth rate and inflation it should have increased by about 15%. The high bank credit expansion in America but also in Cyprus, Spain and other countries was a reason for the high increase of the prices of immovable property. In most financial crises as in the cases of Sweden and South Korea, the situation was worsened by the devaluation of their currencies something which increase the cost of repayment of the loans in foreign currencies. Sweden faced the situation more easily because the banking system was concentrated to a small number of big banks, especially by taking over the management of two banks. However in America, even after the merging of banks there are still twelve big banking institutions something which makes more difficult the work of the government for the bailout of the banking system. The former President of FED, Mr. Alan Greensban, has warned that without a sound banking system the financial stimulus which is interview to be given by the government will only have a temporary benefit. “In view of the experience of the 1990’s we need to make sure that rendering the banking system sound must precede a significant financial stimulus”, Mr. Greensban stated. Mr. Alan Greensban supports the temporary nationalisation of systemic banks. At a later stage when the banks are restructured and become sound they should be privatised again. The government of President Obama, however, does not agree with the nationalisation of the banks but with their bailout without being nationalised. The American government has agreed to become the biggest stake holder of Citigroup so as to bail - out this big financial institution something which will support the banking system. The partial nationalisation of this institution will give the government a shareholding of 36%. As a representative of the Government of the President Obama has stated that the ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 The bailout of banks share of 36% in the Citigroup is not something which it will try to introduce for all banks, although it has also offered financial assistance of $45 billion to the Bank of America. As regards the Eurozone in a climate which continuously worsens has led the european banks to acquire more government securities. According to statistics of the European Central Bank the government bonds held by the European banks between the first of November 2008 and the end of January 2009 increased by m115 billion, which was the highest increase since September 1997, to m1299 billion. In the recent meeting of G7, that is of the seven richest countries, they have agreed that systemic banks should not be allowed to fail and thus funds both public and private should be provided for the return of confidence. In the last weeks the central banks have kept their promises so as to make sure that the banks and other financial restitutions have access to liquidity to continue to lend. In the case of Cyprus the Government has agreed to guarantee m100.000 for each depositor while it has issued bonds amounting to m1.4 billion which the banks can use as a security to borrow from the European Central Bank at an interest rate of 1.5%. In Greece the government has offered the banks financial assistance amounting to m28 billion, provided that these funds are not transferred to their subsidiaries in the Balkans. The British government which has already nationalised Northern Rock and Bradford and Bingley, has stated that it plans to inject additional capital amounting to$36.5 billion in the Royal Bank of Scotland so that this banking institution can avoid its full nationalisation. This solution is based on the government scheme for the protection of possible asset losses of the Royal Bank of Scotland up to $325 billion. This scheme is the first and others will follow so that the banking system in Britain can start giving loans so as to face the recession in the British Economy. It may be noted that a similar scheme will also be applied in the case of Lloyds Banking Group. The objective of the British scheme, known as Asset Protection Scheme, which has been introduced by various governments so as to limit future losses which emanate from toxic assets, is to induce the banks to start offering credit in the economy. In the last months the Swiss Bank UBS, Citigroup and Bank of America of the USA and ING, the Dutch company, have benefited from similar schemes with which protection is offered by the governments. Although all the schemes have differences they are all designed so that it allows the governments to support the banks without being fully nationalised. Labour Mobility Global Labour mobility still key to business growth plans, finds KPMG International Survey ñ Sources ñ China of labor may change, but global labor market here to stay a future source for many countries, but may not be able to deliver MARCH 09 2009 Traditional patterns of overseas employment are changing under the pressure of a globalized economy, improved communications and cheap international travel, a new study from KPMG International has found. Examining the future employment intentions of businesses operating in 11 major economies, KPMG found that despite the economic slowdown and the effect of increased recruitment and wage costs as a result of hiring from ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 overseas, the urge to source skilled labor from other countries remains strong. More than eight out of ten (82 percent) agreed that better labor mobility gives them a greater pool of talent from which to choose, and 73 percent said that it allowed them to hire better quality people. Sixty nine percent of respondents felt that hiring people from other countries fosters better understanding of global markets, with 76 percent saying that foreign workers help develop a valuable global mindset. 51 Labour Mobility But each country has a different pattern of overseas employment, depending on its history, its particular economic strengths and its future plans. In the Asia-Pacific region, countries tend to rely on a small number of other states for workers. Companies with operations in Japan, for example, take significant numbers of workers from Korea (14 percent), Taiwan (14 percent) and Australia (16 percent). China relies heavily on Singapore and Hong Kong for labor, but the relationship between the three is complex, with substantial two-way traffic. Nineteen percent of companies with operations in China bring in workers from Singapore, while 21 percent of Singapore based companies use Chinese labor. A quarter of companies based in Hong Kong use Chinese labor, while 19 percent of Chinese companies use workers from Hong Kong. By contrast, companies in the UK, Spain and the US show no particular preference as to where their workers come from. Among the European states there is a slight tendency to take workers from other European countries, but the largest groups of foreign workers among companies operating in the UK is Australians (12 percent) Indians and French (11 percent each). For companies in the US, the largest single group of workers comes from the UK (14 percent) followed by India (9 percent) China and Germany (both on 7 percent). But looking ahead just three years, several countries seem set for major changes in their foreign workforces. The UK influence in Australia is set to decline sharply in favor of workers from China, India and Hong Kong. Companies in India expect to take far fewer workers from the US and UK, and more from China, but a large number do not know, or would not say, where their future workforces would come from. In Japan, Australians are expected to remain the largest group of foreign workers, but Koreans are expected to be pushed from second to third place by a significant increase in the number of workers from China. Four percent of companies with operations in Japan say they employ Chinese now, but that rises to 12 percent in three years’ time. Chinese workers are expected to feature heavily in future 52 international workforces, with companies operating in Australia, India, Japan, the UK, Spain and the US all planning big increases in the number of Chinese they employ. But, as Brian Ambrose, KPMG’s Head of Global Mobility and partner in the US member firm, points out, it is possible that the supply of skilled workers in China will decrease over this period, as the smaller number of children born as a result of the One Child Policy of the 1970s feeds through into a reduction in the adult workforce. The alternative may be India, where demographic projections show a steady increase in the number of available workers up to 40 years ahead. “The interviews for this survey took place at the end of last year,” said Angelos Gregoriades from KPMG’s Cyprus member firm. “but respondents might not have guessed the extent to which the financial crisis would impact the global economy and their businesses.” “What we are starting to see in terms of people flows” Angelos Gregoriades continues “ is a tale in two parts. There is mounting pressure in many countries to protect domestic labor. Secondly, for the first time in a generation, unemployment and the economic crisis may be creating the impetus for skilled labor and professionals in the worst hit developed countries to emigrate in search of greener pastures.” “In the medium to long term our survey indicates that multinationals will still depend on a free movement of people from country to country. Many called for reductions in immigration restrictions to facilitate this movement, alongside tax incentives to attract business into new countries.” “This suggests that a global mindset has become embedded in the world’s big companies, and that international availability of labor is and will remain a key part of their business planning. Economic turmoil may cause a short term hiatus in government immigration programs but the global economy looks here to stay.” KPMG is a global network of professional firms providing Audit, Tax and Advisory services. We operate in 144 countries and have 137,000 people working in member firms around the world. The independent member firms of the KPMG network are affiliated with KPMG International, a Swiss cooperative. Each KPMG firm is a legally distinct and separate entity and describes itself as such. ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Financial crisis in the European Union Financial Crisis - the response from the European Commission The European Commission has presented a comprehensive recovery plan to get Europe out of the current economic crisis. The objective of the recovery plan agreed in December 2008 is to drive a coordinated EU response to the economic crisis,that builds on the unprecedented By Marina Pieri level of coordination shown Assistant Manager in response to the financial Assurance services market crisis. The priority is PricewaterhouseCoopers to treat the symptoms of the Limited economic crisis and protect Member of the European Union Affairs Committee jobs and purchasing power in the short-term while also investing in Europe’s long-term economic health and in boosting the fight against climate change. The Recovery Plan is based on two mutually reinforcing main elements. First, short-term measures to boost demand, save jobs and help restore confidence. Second, “smart investment” to yield higher growth and sustainable prosperity in the longer-term. The parameters of the Recovery Plan are: ñ A fiscal stimulus of 1.5% of GDP underway under the Lisbon Growth and Jobs Strategy. It includes extensive action at national and EU level to help households and industry and concentrate support on the most vulnerable. It puts forward concrete steps to promote entrepreneurship, research and innovation. As part of the EU’s contribution to this stimulus, the Plan proposes accelerating payments of up to m6.3 billion under the structural and social funds. To improve energy interconnections and broadband infrastructure, the Commission will mobilise a further m5 billion for the period 2009-10. The European Investment Bank will increase its yearly interventions in the EU by some m15 billion in 2009 with a similar figure in 2010. ñ Protecting and creating jobs The top priority is to protect Europe’s citizens from the worst effects of the financial crisis, i.e unemployment. Alongside the fiscal stimulus, the Commission is proposing to simplify the criteria for European Social Fund Support, re-programme spending and organise advance payments from early 2009, so that Member States have earlier access to up to m1.8 billion. Up to m4.5 million of cohesion funding will also be brought forward, alongside other measures in order to accelerate the implementation of major investment The Plan calls for a timely, targeted and temporary fiscal stimulus of around m200 billion or 1.5% of EU GDP, within both national budgets (around m170 billion, 1.2% of GDP) and EU and European Investment Bank budgets (around m30 billion, 0.3% of GDP). Every Member State is called upon to take major measures good for its own citizens and good for the rest of Europe. The Recovery Plan will reinforce and accelerate reforms already ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 projects and this too will contribute to protecting and creating jobs. To create demand for labour the Plan invites Member States to consider reducing employers’ social charges on lower incomes and calls on the Council to adopt, before the 2009 Spring European Council, the proposed Directive to reduce VAT rates for labour-intensive services. 53 Financial crisis in the European Union ñ Smart Investments structural funds. The changes will extend the deadline for EU countries for projects and payments to use up their The Recovery Plan includes detailed proposals for allocations from the 2000-2006 funding period by six partnerships between the public sector - using Community, months to 30 June 2009. EIB and national funding - and private sectors to boost clean technologies through support for innovation: these The total funding allocated to Member States in the 2000- include a European green cars initiative with combined 2006 budgetary period was m257 billion. So far, m225 funding of at least m5 billion, a European energy-efficient billion have been paid out - 87.5% of the total. Member buildings initiative worth m1 billion; and a “factories of the States can now make payments for this period up to 30 future” initiative estimated at m1.2 billion. June 2009. The deadline for Cohesion Fund payments from the 2000-2006 period is in most cases the end of The emphasis throughout the Recovery Plan is on “smart 2010. investments”. Investing more in education and (re-)training helps people to retain their jobs and get back into the Commenting on the decisions, Commissioner Hübner said: labour market, whilst raising productivity. Investing in “All our efforts are being deployed to ensure that every infrastructure and energy-efficiency keeps people in the euro from the structural funds is spent in an efficient way. construction industry in work, saves energy and improves We are adapting the Cohesion Policy to address new efficiency. Investing in clean cars helps protect the planet economic realities and to allow Member States to optimise and will give Europe’s companies a leading edge in a EU investment as an excellent anti-crisis remedy”. highly competitive market. Member states have requested an extension to the The contribution of Cohesion Policy to the Commission’s eligibility period for funding for 385 of the 555 Cohesion recovery package consists of a variety of measures, Policy programmes in 2000-2006, where funds had not legislative and non-legislative. The main objective is to been fully utilised. The extended eligibility period accelerate payments to Member States and to facilitate concerns the four structural funds in place. access to the Structural Funds, which will help speed up project implementation in an effort to inject confidence This flexibility will enable Member States and regions to and dynamism into the European economy implement and finalise more projects on the ground. The Commission is urging them to focus on ‘high-return’ MORE FLEXIBILITY ON STRUCTURAL FUNDS sectors and measures, such as investing in energy efficiency to create green jobs and save energy, and support Danuta Hübner, European Commissioner responsible for for clean technologies to boost sectors like the construction Regional Policy, stated recently that: “In a context of and automotive industries global instability, EU cohesion policy provides stability. It provides a stable and secure source of financing, a constant The Commission has also adopted a measure to give flow of funds on which regional and local partners can rely Member States and regions more flexibility in allocating on beyond any doubt, independent of the global financial funding for different priorities. Until now, managing sentiment. EU cohesion policy will continue to tackle authorities had a 2% margin of flexibility if they wanted to structural weaknesses and increase the competitiveness of transfer funding between the so-called ‘priority axes’ that the European economy, regardless of the emerging credit define the strategic spending areas of each Cohesion Policy crunch.” operational programme. . In recognition of the exceptional circumstances faced by Member States, the Commission In response to the financial and economic crisis, Regional has decided on a five-fold increase in flexibility between Policy Commissioner Danuta Hübner has announced a priorities, from 2 to 10%. This will enable the Member package of decisions by the European Commission aimed States to target remaining funding where its impact is at giving Member States more flexibility in their use of the greatest. 54 ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Monetary Policy Central Bank Strategies and the free market Among all the confusion of the global financial crisis, one thing is becoming clear. There are major differences among the central banks which will be tested by the current crisis. The results of this test will influence the conduct of governments and their relation to market economies for many years to come. On one side we have the aggressive strategy of the By Dr. Jim Leontiades USA and UK central banks. CIIM, The Cyprus Business At the other extreme we have the conservative strategy of School the European Central Bank (ECB) and more specifically, the German economic policies which heavily influence that institution. The USA and UK central banks have of course lowered interest rates more rapidly and to lower levels than those of the ECB. But they have also been innovative, leading the ways beyond traditional monetary mechanisms. The USA central bank in particular has lowered interest rates to virtually zero (from 0-.25%). The British Central Bank is not far behind, lowering interest rates to the lowest level in several hundred years. Both banks have also engaged in innovative methods of supporting their markets. They have become equity investors in financial and non financial organizations (the automobile industry), direct financial support to mortgage holders, mortgage restructuring,INSURING AND GURANTEEING DOUBTFUL ASSETS. Quantitative easing(putting money into the economy)has been used on an unprecedented scale. The ECB on the other hand has maintained its traditional conservativism. It too has lowered interest rates and intervened in bolstering financial markets and institutions. The difference is mainly one of speed and scale but nevertheless reflecting major differences in their interpretation of the best way to tackle the crisis. A DIFFERENCE IN PRIORITIES The roots of the discrepancy are to be found in the different priorities of these institutions. The European ECB, heavily influenced by Germany, has voiced more than once its main priority is on defending markets against inflation. Germany has repeatedly criticized the Anglo-American level of government spending to fight the crisis. The German Chancellor, Angela Merkel, has said: “ We will not take part in a competition to outdo one another with an endless list of new proposals in a senseless contest over billions”. ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Nevertheless, Germany has followed this statement with commitment of more billions to fight the crisis. The USA/UK governments have broader objectives -they too profess commitment to fighting inflation. But their actions indicate their main objective is a satisfactory level of economic activity and particularly employment. Their reasoning is that the first priority is to put out what they perceive to be a fire (recession) - even if the water poured into the blaze may cause some future damage (inflation). Who is right will be determined a number of years from now. The test will not be confined to overcoming the current crisis but also avoiding a future crisis and particularly inflation. We may depend on it that the successful strategy will be the one which influences central bank behaviour and the role of government for many years to come. Should the Anglo-American approach prove more effective, the role of government, particulary in areas related to finance will be much more pro- active. Secondly There will be an examination of the specific tools which have succeeded or failed. It is clear that today there is a good deal of guesswork as to which of the many measures will actually work. Thirdly, we may expect the introduction of new regulations and practices, particularly as regards mortgage lending and securitization. BONUSES AND COMPENSATION OF EXECUTIVES WILL ALSO BE QUESTIONED. MARKET ECONOMIES WILL SURVIVE None of the above means that the present market system will be threatened. It is well to keep in mind that during the great depression of the 1930’s both the crisis as well as the measures to correct it were more drastic than anything which has been seen or contemplated today. American unemployment then reached 25% (versus 7+ today). All banks were closed for a time, social security was introduced, labour legislation was revised. So many new government owned and operated enterprises were introduced, designated by acronyms, that they were referred to as “alphabet soup”. Yet, the market system survived. Change there will be, particularly in regulations aimed at preventing “overborrowing”, the real culprit behind the crisis. Here in Cyprus we remain up to this point better off than many of the more so called developed economies. Quite simply we have lagged behind in the stampede to offer ever more liberal credit terms. While American and some European banks were offering mortgages equal to 100% and even 120% of the value of a house, our credit offerings have been more conservative. In fact they may prove to be more in line with future global credit regulations. 57 A reward scheme in a crisis period Reward Strategy: A barrier or an enabler in managing the economic downturn Maria Georgiou Senior Manager Business Advisory Services PricewaterhouseCoopers In the difficult economic climate that is currently shaping, organisations seek to identify ways to deal with the new challenges. The slow down in consumer spending, the difficulties faced in securing finance, in combination with an inflexible cost base, cause for many organisations heavy pressures in profitability margins and cash flow management. include the following: ñ Alignment with the BUSINESS STRATEGY - reward schemes can be powerful tools in the hands of the management to direct efforts and provide focus to specific areas of the business ñ Clear link with KEY PERFORMANCE CRITERIA - the performance criteria measured through the scheme should not be restricted to high level criteria (such as profitability) but include also performance parameters that measure the value of specific areas of the business ñ Connection with FINANCIAL BUDGETS - linking the In this environment, incentive reward schemes are seen with great scepticism. However, such periods present organisations with an excellent opportunity to review their reward strategy and realign more closely their reward schemes with the organisation’s key performance drivers. The aims, parameters and resulting benefits of reward schemes, should be presented to staff in a clear and sincere manner, contributing towards a spirit of trust, cooperation and shared commitment between staff and management. In reviewing the reward strategy the organisation management should be addressing the following key questions: Each organisation is presented with the following alternatives with regards to managing rewards during this period: ñ Are the reward incentive schemes clearly aligned with Run the same reward incentive schemes as in previous years, with the danger of becoming ineffective or creating more pressure in the current economic situation of the organisation the Key Performance Indicators of the organisation, or they just distribute bonuses irrespective of results and performance levels? ñ What is the impact of the current reward strategy on the total remuneration packages of various staff groups and the organisation’s annual and monthly payroll? ñ Does staff understand and appreciate the value of the reward schemes? ñ How clear and to what extent are rewards linked with individual performance? ñ Is this link clear to staff? ñ How equipped is the organisation, to measure effectively performance at individual, departmental and organisational level? ñ How relevant are the reward schemes in periods of low turnover and pressed profitability? The key characteristics of an effective reward scheme 58 performance criteria with the financial budgets makes the reward scheme more flexible adaptable and relevant in periods of big fluctuations in performance levels Discontinue offering reward incentive schemes, which may potentially create a negative climate and insecurity to staff and of course deprive the company from an important tool to manage and direct staff performance Adapt the reward schemes to the current environment and utilise them for reinforcing the business strategy and give a clear message to staff that high performance and hard efforts are recognised and rewarded The alternative actions for each organisation are clear, it can ether wait till the ‘storm is over’ and count its losses or shape its business strategy to face these challenges proactively and dynamically ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 The Excel Wizard The Excel Wizard By Stratos Panayides, BA(Econ), ACA Training Consultant at AKTINA ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 59 The Excel Wizard 60 ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 The Excel Wizard ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2008 63 Presentation of Financial Statements Discussion Project on Presentation of financial statements By Yiannis Leonidou Deloitte In October 2008, the International Accounting Standards Board (IASB) published for public comment a Discussion Paper (DP) entitled Preliminary Views on Financial Statement Presentation. The DP represents the first step in the development of a Standard on this subject jointly with the US Financial Accounting Standards Board (FASB). The IASB has requested comments on the DP by 14 April 2009. KEY PROPOSALS This project deals with how information is presented in financial statements, and does not address how the components of financial statements are recognised and measured. Key proposals include: ñ the structure of the statements of financial position, comprehensive income and cash flows would be such that a cohesive relationship would be evident across the various statements (i.e. the line items presented, descriptions used and order of presentation would be aligned); ñ the format for the financial statements would be such that: TABLE 1. PROPOSED CLASSIFICATION SCHEME FOR FINANCIAL STATEMENTS Statement of financial Position Statement of comprehensive income Statement of cash flows Business Business Business Operating assets and liabilities ñ Investing assets and liabilities Operating income and expenses Operating cash flows ñ Investment income and expenses ñ Investing cash flows Financing ñ Financing assets ñ Financing liabilities Financing Financing ñ Financing asset income ñ Financing liability expenses ñ Financing asset cash flows ñ Financing liability cash flows Income taxes Income taxes on continuing operations (business and financing) Income taxes Discontinued operations Discontinued operations, net of tax Other comprehensive income, net of tax Discontinued operations Equity Equity Notes ñ Section names are in bold type. ñ Required categories within sections are indicated by bullet points. ñ Entities would be permitted to present the sections and categories within a section in a different order as long as the order is the same in each statement. ñ Each section and category within a section would have a subtotal. ñ The statement of comprehensive income would also include a subtotal for profit or loss or net income and a total for comprehensive income. 64 ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Presentation of Financial Statements - information about how an entity creates value (its ‘business’ activities) would be presented separately from information about the way it funds those activities (its ‘financing’ activities); - within business activities, ‘operating’ activities would be segregated from ‘investing’ activities; and - information regarding discontinued operations and income taxes would be separately presented; ñ the classification of items would be based on a ‘management approach’, so as to reflect how assets and liabilities are used within an entity; and OBJECTIVES OF THE PROPOSED PRESENTATION MODEL The objectives for financial statement presentation underlying the proposed presentation model (as set out in the DP) are that information should be presented in the financial statements in a manner that: ñ portrays a cohesive financial picture of an entity’s activities. A cohesive financial picture means that the relationship between items across financial statements is clear and that an entity’s financial statements complement each other as much as possible; ñ disaggregates information so that it is useful in ñ more detailed analyses would appear on the face of the predicting an entity’s future cash flows; and financial statements. ñ helps users assess an entity’s liquidity and financial These proposals would result in fundamental changes in the appearance of the financial statements, both as regards the structure of the statements (e.g. the segregation of assets and liabilities would mean that the statement of financial position would not necessarily present ‘total assets’ or ‘total liabilities’) and the level of detail presented. The proposed classification scheme for financial statements is set out in Table 1 overleaf, and the following pages review the most significant proposals made in the DP. HISTORY OF THE PROJECT The DP relates to Phase B of a three-step joint project between the IASB and the FASB: ñ Phase A resulted in the revised IAS 1 Presentation of Financial Statements issued in 2007. The key issues addressed in that revision were the titles of the financial statements, the periods for which they are required to be presented, and the two options for the presentation of the statement of comprehensive income; ñ Phase B (i.e. this DP) is much more extensive in its scope and ambition. Overall, it aims to make an entity’s financial statements more useful by requiring entities to provide detailed information organised in a manner that clearly communicates an integrated (cohesive) financial picture of the entity. As a result, the DP addresses numerous issues relating to the presentation and display of information in financial statements; and flexibility. To present a cohesive set of financial statements, entities would be required to align the line items, their descriptions and the order of presentation of information in the statements of financial position, comprehensive income and cash flows. To the extent practical, entities would disaggregate, label and total individual items similarly in each statement. CONSISTENT DISAGGREGATION BASED ON ‘MANAGEMENT APPROACH’ The first step in the disaggregation process would be the classification of assets and liabilities in the statement of financial position as set out in Table 1. That classification would determine the classification in the statements of comprehensive income and cash flows. For example, if an asset (e.g. plant and equipment) is determined to be an operating asset, then any expense and cash flows related to that asset would also be classified as operating in the statements of comprehensive income and cash flows. Some further sub-classifications would be required, for example: ñ assets and liabilities analysed as short-term and long- term; ñ assets and liabilities analysed by measurement bases; ñ Phase C will address interim financial statements. ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 and 65 Presentation of Financial Statements ñ income, expenses and cash flows analysed by function and nature. The DP provides broad principles and definitions for the identification of operating, investing and financing activities. However, classification of items would be determined in the context of the way in which the entity uses the relevant asset or liability, and the way in which it views its activities, (the ‘management approach’ to classification). An entity’s policy for classifying the components in its financial statements would be an accounting policy choice to be decided by management and would be described in the notes to the financial statements. Any change in an entity’s classification policy would be implemented through retrospective application of the new classification policy to prior periods. The IASB has not yet considered how a change in the use of an asset or liability should be presented in the financial statements, nor has it considered how an entity should allocate an asset or a liability that is used for more than one purpose (e.g. an entity’s headquarters building). STATEMENT OF FINANCIAL POSITION Disaggregation of assets and liabilities by nature of activities A fundamental shift as regards the statement of financial position would be that the statement would no longer be separated primarily between assets, liabilities and equity. The proposals suggest that the statement (and, therefore, the assets and liabilities) would be presented in separate sections: ñ ‘business’ (further analysed between ‘operating’ and ‘investing’); ñ ‘financing’ (with separate presentation of financing presenting assets and liabilities in order of liquidity would provide more relevant information. The distinction between short- and long-term would be based on the shorter of (a) contractual maturity and (b) expected realisation (for an asset) or settlement (for a liability). This would replace the current segregation between current and non-current based on the entity’s operating cycle. Further disaggregation by different measurement bases In addition, the DP proposes that an entity should disaggregate similar assets and similar liabilities that are measured on different bases and present them as separate line items in the statement of financial position. Total assets and total liabilities Entities would be required to disclose total assets and total liabilities either in the statement of financial position or in the notes to financial statements. An entity that presented its assets and liabilities in short-term and long-term subcategories would also be required to disclose subtotals for short-term assets, short-term liabilities, long-term assets and long-term liabilities either in the statement of financial position or in the notes. STATEMENT OF COMPREHENSIVE INCOME Single statement The DP proposes that all entities should be required to present one single statement of comprehensive income. The existing option to present the components of profit or loss in a separate income statement would be eliminated. In the statement of comprehensive income, a sub-total for ‘profit or loss’ or ‘net income’ would continue to be presented, which would be the sum of the business, financing and discontinued operations sections and related income tax amounts. assets and financing liabilities); ñ income taxes; ñ discontinued operations; and ñ equity. Further disaggregation into short- and long-term Assets and liabilities presented within each section would be further analysed as short-term and long-term, unless 66 Items of ‘other comprehensive income’ would be presented separately in the statement. For each item in the other comprehensive income section (except a foreign currency translation adjustment relating to a consolidated subsidiary or a proportionately consolidated jointly controlled entity), entities would be required to identify and indicate in the statement of comprehensive income whether the item relates to (or will relate to) an operating activity, investing activity, financing asset or financing liability. Foreign currency translation adjustments relating to a consolidated subsidiary or a proportionately consolidated jointly ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2008 Presentation of Financial Statements controlled entity would not need to be identified with a section or category in the statement of financial position because the translation adjustment may relate to more than one category of assets and liabilities in the statement of financial position. Disaggregation by activities, function and nature The statement of comprehensive income would be presented in separate sections: statements into its functional currency. STATEMENT OF CASH FLOWS Focus on movements in ‘cash’ For the purposes of the statement of financial position, the DP proposes that the ‘cash’ line item should not include any ‘cash equivalents’. For consistency, the DP would also require that an entity’s statement of cash flows should reconcile the beginning and ending amounts of cash (rather than cash and cash equivalents as is currently required). ñ ‘business’ (further analysed between ‘operating income and expenses’ and ‘investing income and expenses’); ñ ‘financing’ (with separate presentation of financing asset income and financing liability expenses); ñ income taxes on continuing operations; Direct method Under the proposals, entities would no longer be permitted to use the indirect method for presenting operating cash flows. The DP would require that cash flows from all activities (including operating activities) should be presented using the direct method. ñ discontinued operations (net of tax); and Disaggregation by activities, function and nature ñ equity. The items of income and expenses allocated to activities (i.e. not related to discontinued operations or taxes) would be further disaggregated to the extent that this would assist users in predicting the entity’s future cash flows: ñ first, by function (e.g. cost of sales, selling expenses); and ñ second, within the above disaggregation, by nature (e.g. materials, labour). INCOME TAXES The rules for allocating and presenting income taxes in the statement of comprehensive income would remain unchanged. This could result in an entity presenting income tax expense or benefit in the discontinued operations and other comprehensive income sections in addition to the income tax section. Note, however, that income taxes would never be allocated to the business or financing sections, nor to categories within those sections. As for the other financial statements, the statement of cash flows would first be disaggregated by activities, discontinued operations, taxes and equity. The proposed classification by activities would be likely to result in different classifications to those currently presented under IAS 7 Statement of Cash Flows, because the classification of cash flows would be based on the classification of the relevant asset or liability in the statement of financial position. For example, cash outflows relating to the acquisition of property, plant and equipment are classified as investing cash flows under IAS 7 whereas, under the proposals, if property, plant and equipment were classified as operating assets in the statement of financial position, then cash flows related to those assets would be classified as operating cash flows in the statement of cash flows. Within each activity, the cash flows would then be further disaggregated on the same basis as in the statement of comprehensive income (i.e. first by function and then by nature) if this would help users to understand how those cash flows relate to information presented in the statements of comprehensive income and financial position. Foreign exchange differences Statement of changes in equity The DP further proposes that an entity should present gains and losses on foreign currency transactions in the same section and category as the assets and liabilities that give rise to those differences. This includes foreign exchange differences that arise on remeasuring the entity’s financial ACCOUNTANCY CYPRUS ñ VOLUME 92 ñ SEPTEMBER 2008 The requirements for the statement of changes in equity would be largely unchanged. In particular, the principle of classification by activity would not flow through into the statement of changes in equity. 69 Presentation of Financial Statements NOTES TO FINANCIAL STATEMENTS Reconciliation schedule The DP proposes to require (for the first time) presentation in the notes to the financial statements of a schedule that would reconcile two statements: the statement of cash flows (starting point) and the statement of comprehensive income (ending point). The components of the reconciliation (i.e. reconciling items) would be: long-term maturity schedules would be based on contractual maturity dates, with an explanation if the expected realisation or settlement dates are significantly different. Operating cycle To enable users to assess liquidity and evaluate an entity’s ability to meet its commitments as they fall due, the DP proposes that if an entity has an operating cycle of more than one year, the length of that cycle should be explained in the notes to the financial statements. ñ cash received or paid other than in transactions with owners; ñ accruals other than remeasurements (this includes depreciation and amortisation); ñ recurring remeasurements for fair value changes and revaluation adjustments; and ñ non-recurring remeasurements (i.e. only after a triggering event) for fair value changes and revaluation adjustments. A detailed consideration of the format of this reconciliation is set out in Appendix B to the DP. Accounting policies Entities would be required to disclose the bases used for classifying assets and liabilities in the operating, investing and financing categories, and any change in those bases. This disclosure should include a description of the entity’s activities and should provide users with the necessary information to understand management’s approach to the business. Contractual maturity schedules If the entity decides to present its assets and liabilities in order of their liquidity in its statement of financial position, it would also present information about the maturities of its short-term contractual assets and liabilities in the notes to the financial statements. All entities would also present information about the maturities of their long-term contractual assets and liabilities on an undiscounted basis. These short-term and 70 Illustrative examples As will be clear from the discussion above, the proposals set out in the DP would have a fundamental impact on the appearance of financial statements. Appendix B to the DP sets out extracts from financial statements for a manufacturing entity (ToolCo) and a financial services entity (Bank Corp), which are intended to illustrate the proposed financial statement formats and proposed changes from traditional financial statement formats. NEXT STEPS Comments on the DP are due by 14 April 2009. During the comment period, the IASB and the FASB will conduct a series of field tests to learn about the costs and benefits of the proposed presentation model. The Boards will evaluate these findings, along with the comment letters received on the DP, with a view to publishing an Exposure Draft in 2010. This publication contains general information only and is not intended to be comprehensive nor to provide specific accounting, business, financial, investment, legal, tax or other professional advice or services. This publication is not a substitute for such professional advice or services, and it should not be acted on or relied upon or used as a basis for any decision or action that may affect you or your business. Before making any decision or taking any action that may affect you or your business, you should consult a qualified professional advisor. Whilst every effort has been made to ensure the accuracy of the information contained in this publication, this cannot be guaranteed, and the author of this article will not have any liability to any person. ACCOUNTANCY CYPRUS ñ VOLUME 92 ñ SEPTEMBER 2008 Attracting rich individuals to Cyprus Passports for Cash? During these difficult times that the global economy is experiencing, the Cyprus Government has adopted a similar plan that Canada adopted when Hong Kong ceased to be a British colony some years ago. Canada was offering nationality / passports to the local Hong Kong residents provided they deposited USDollars 500.000 for a certain period By Antonis Loizou of years. So it did not Antonis Loizou & Associates particularly surprised us Ltd - Property Valuers & when we studied a rather Consultants recent change of policy by the Cyprus Government to adopt a similar approach. This “new” policy, is not published widely and few people came to know about it. We, who are dealing with real estate [and the lack of financing - liquidity in some respects] we are all for such a policy, because, in addition to the much needed cash in the economy [and by projection in the building sector] Cyprus will attract wealthy individuals who [hopefully] will require housing/office etc., a much needed boost, again for the real estate. This policy which was adopted on 11.7.07, has attracted so far only 15 wealthy individuals, but we hope that this will catch up and we will attract more. Most of those who opted for the scheme so far, are Russians and Ukrainians. The scheme basically stipulates the following. ñ A deposit at a local bank is required of m17.mil. [minimum] and without the right to withdraw for a period of 5 years. ñ As an alternative to the above deposit, an applicant may undertake to set up a business in Cyprus, whose turnover should be in excess of m85.0 mil, p.a. ñ Applicants must be at least 35 years of age and without a criminal record. ñ Those who do not meet these requirements and provided they live as permanent residents in Cyprus for a period of at least 7 years [continually] can apply for Cyprus passport. ñ A detailed check is carried out by the Government and those who have business in the Turkish occupied areas are not accepted as such under the scheme. The report refers also of the interest that an Israeli multimillionaire [38 years old whose assets exceeding US ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Dollars 1 bil. and who is already active in the Cyprus local Jewish community] has expressed under this scheme. Obviously we might attract tax-dodgers and others with a not too clear source of income, but, other things being equal, this is a “detail” during these difficult times. We have already a number of mainly German ship management companies and international stockbroking firms who are based in Limassol and in their attempt to be “accepted” by the local community, these firms have contributed considerably [in terms of millions] both in sports [mainly fooball] infrastructure and future projects and most of them they employ numerous local, professional people and others. Who said that the Cyprus Government is not market orientated? It reminds us also of the “questions for cash” and more recently “made to measure private members bills for cash” in the U.K. [House of Parliament and Lords]. Admittedly the U.K. situation is far from being comparable to our Government’s approach, but it shows the trends. We do hope that small politics will not discourage this [and others] much needed measures to help the economy, since we do not expect that applications will reach thousands but more, 1-2 hundreds [we hope]. Politics being what they are, we studied with much worry the objections that some political parties have for those measures that have been decided by the Government and which refer to the improvement of the local infrastructure and the touristic sector [see delays on marinas, golf etc.]. These political parties require that normal democratic procedures are undertaken in all actions and the Government to be precluded from entering into direct deals with third parties.A recent example to be considered is the dispute that has now come up referring to the Quatary Investment fund, who expressed its interest to build a multi million project comprising of offices/hotel/ apartments in the center of Nicosia. If the normal tender procedures are followed, the project will not come about even after 5 years. During the Arch.Makarios era, “things were done” speedily, but then, democracy at that time, did not work to the same extent that is is now. As Winston Churchill said “....democracy is not a good system, but it is the best system that we have so far....”. 71 The going concern principle Going concern: More Popular than ever Sad but true going concern is at its best as a hot consideration for auditors in the light of the severe financial crisis. The audit risk of giving an inappropriate audit opinion in relation to the going concern assumption is considerably increased. In this manner auditors need to be twice By Andreas Vilanides careful in their audit Audit Assistant Manager procedures in order to assess Baker Tilly Klitou whether the company of any industry and any size has correctly prepared its financial statements on a going concern basis. However the impact of the economic crisis is different between industries and jurisdictions. THE GOING CONCERN ASSUMPTION The going concern assumption is a fundamental principle in the preparation of financial statements. Under this assumption an entity considers that will continue in operational existence for the foreseeable future. A company prepares its financial statements on a going concern basis unless there is an intention by management for liquidation or ceasing trading. Once the assessment by management is that the going concern is appropriate assets and liabilities are recorded on a basis that the company will be able to realize its assets and discharge its liabilities and obtain refinancing if considered necessary. RESPONSIBILITIES OF DIRECTORS AND AUDITORS The responsibility for the assessment of going concern lies with the company’s management. Management is required to assess whether there is a material uncertainty related to events or conditions which may cast significant doubts about the company’s ability to continue as a going concern. 72 In such a case management is required to disclose those uncertainties in the financial statements. In order to assess the company’s ability to continue as a going concern management takes into account all available information about the future which is at least, but not limited, twelve months from the balance sheet date. The auditor’s responsibility is to obtain sufficient appropriate audit evidence about the appropriateness of management’s use of the going concern assumption in the preparation and presentation of the financial statements and to conclude whether there is a material uncertainty about the entity’s ability to continue as a going concern. The auditor must consider the appropriateness of management’s use of the going concern assumption even if the financial reporting framework used in the preparation of financial statement does not include an explicit requirement for management to make a specific assessment of the entity’s ability to continue as a going concern. AUDIT CONSIDERATIONS IN TODAY’S ECONOMIC ENVIRONMENT Over the last months, there has been a business failure and finally a collapse of some of the world’s largest financial institutions, government financing of the economy as a makeweight and financial injections, an extreme depression of global credit markets and a general increasing worries for global recession. The degree to which companies and their financial statements will be affected by the current economic environment will depend in matters as the following: ñ The industry in which the company operates and the potential impact the economic downturn on the volume of sales of its products or services. ñ The company’s financing ability through credit facilities or credit access from financing ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 The going concern principle intermediaries and trade and other creditors. ñ The investment of the companies in financial instruments and its extent, as it is the market most hardly hurt by the credit crunch. Auditors must deal with the risks associated with the ability of the companies under audit to continue as a going concern, amongst others. The reduced availability of credit and liquidity stiffness in short-term financing, could lead to indications and conditions or jeopardize the going concern ability of the company. Indications and conditions of going concern problems include: ñ the withdrawal of credit facilities from entities that previously had easy access to credit as and when necessary; ñ the potential change of terms on existing credit facilities by lenders ñ guarantees may not be available by those charged with governance or other group entities and of significant value ñ the likely refusal from the banks to renew the existing credit facilities ñ clauses in term loans affecting the classification of such liabilities on a company’s balance sheet and whether the lenders may trigger these clauses ñ the financial and operational performance of the company is deteriorating; trading losses and adverse liquidity and profitability ratios in conjunction with valuation issues have led or are expected to lead to breaches in lending covenants ñ loss of key customers/suppliers ñ loss of major market, franchise, licence ñ inability to pay taxes The above and other factors, may affect the nature and extent of audit evidence available; i.e. the potential to ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 obtain confirmation of the existence of facilities from banks and third parties. In addition the professional judgment required in assessing the effect of one or more factors on the risk of material misstatement on the financial statements may be more difficult than in prior years. In response to the increased risk of giving an inappropriate audit opinion in assessing management’s assumption to adopt the going concern as appropriate in the preparation of the financial statements the auditor must consider the process management followed to make its assessment, the assumptions on which the assessment is based and management plans for the future. Analysis of cash flows may be significant factor in management’s assessment which must be carefully reviewed and assessed. Assumptions that have been used in prior years may not be relevant any more and may need to be adjusted to be representative of the current economic environment. IN CONCLUSION Auditors should bear in mind that each set of financial statements to be audited in this year are likely to be highly risky in relation to the going concern assumption and its appropriateness as adopted by the management in the preparation of the financial statements, in the context of the current adverse economic conditions. In this respect auditors should take more and different steps to prevent audit failures. Such steps will include effective assessment of and responses to the risk associated with going concern assumption but other increased risks of material misstatements due to the economic downturn conditions as well. An increased attention should be devoted in assigning audit engagements to competent and experienced audit staff. It must be ensured that the level of supervision, direction and review by the engagement manager and partner, consultation and quality control review, documentation of significant matters, as well as the nature and frequency of communications among the engagement team, are appropriate to the circumstances of each audit. The importance of professional skepticism is critical in these hard times. 73 Foreign workers in Cyprus Foreign Employment in Cyprus The Minister of Labour, Sotiroula Charalambous, this week launched a campaign to stamp out illegal employment and non-registered employment focusing on workers from third countries, within the general context of reducing unemployment. It is, therefore, evident that as the By Costas Apostolides, economy slows down Economist employment of persons from third countries (that is non-EU citizens) will become an issue, and employers have been warned to keep to the law. Deciphering what the situation is with regard to foreign workers is difficult because the statistical definitions differ, and the various data sources provide different results according to the definitions used, the period referred to (i.e. average for year or a figure at one point in term), and the issuing agency. One of the major differences being between annual full time employment equivalents and physical persons, while another is full time as compared to part time work, and yet another arises from registered employment with the social insurance scheme and unregistered work. As a consequence the range of people employed in Cyprus in 2007 appears on the basis of data from the Statistical Service to be 387,600 and 421,352 shown by the Department of Social Insurance. Whatever the figure one uses the number of foreign workers (EU and others) is extremely large, varying from about 80,000 in the former estimate, to 119,000 in the latter for 2007. Consequently, the estimates of the number of foreign workers in Cyprus varies from 21% in the former to 28% in 2007. This is probably the highest ratio in the European Union. In 2008 the level of employment of foreigners appears to 74 have been somewhere between those extremes with social insurance data showing 108,000 in October 2008 and 100,000 average for the first ten months of last year. Again confirming very high levels of foreign employment in Cyprus. In Table 1 the social insurance data shows 32.3% of employees registered being foreigners, with third country citizens being greater than EU citizens. As a consequence it is likely that the Government will endeavor to restrict third country employment further. For the Ministry of Labour has already announced that illegal cheap labour will be tackled, and because EU regulations do not provide Cyprus with derogations for employment action on employment of EU citizens cannot be taken. Consequently, restrictions on third country employment, other than students, are likely to be tighter. The structure of employment for foreign labour is shown in Table 2. As one would expected the largest proportion of foreign employment is household labour (housemaids, gardener’s etc), but 100% is clearly too high a proportion. Some Cypriots continue to be employed in this sector. The other sectors drawing upon foreign labour are hotels and restaurants (38%), construction (27%) extra-territorial bodies, real estate and businesses services, agriculture and fisheries. A recent study prepared by the Economic Research Center of the University of Cyprus found that foreign employment has increased the probability of unemployment of younger people (20-29 year age range). But that Cyprus university graduates are not affected at all. Foreign workers also increased the likelihood of part time employment, by the local population. Clearly, policy on third country employment in Cyprus has to be reconsidered. There seems to be no alternative but to restrict employment from third countries, and to tackle illegal immigration and employment. ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Foreign workers in Cyprus TABLE 1 EMPLOYEES REGISTERED FOR SOCIAL INSURANCE 2007 CYPRIOTS / FOREIGNERS NO. % 298,863 70.9 Turkish Cypriots 3,456 0.8 Third Countries 66,522 15.8 EU 52,511 12.5 421,352 100.0 Greek Cypriots / Others Total Source: Department of Social Insurance TABLE 2 TOTAL EMPLOYMENT, EU AND FOREIGN WORKERS IN CYPRUS, 2007 (000’s) ECONOMIC ACTIVITY EMPLOYMENT A. Agriculture TOTAL FOREIGN WORKERS FOREIGN (%) 16.9 3.8 22.5 B. Fisheries 0.5 0.1 20.0 C. Quarrying 0.7 0.1 14.2 37.6 6.7 17.8 1.7 0.04 2.3 F. Construction 38.3 10.2 26.6 G. Wholesale / Retail 70.8 9.4 13.3 H. Hotels / Restaurants 40.0 15.2 38.0 I. Transport / Communications 26.0 2.5 9.6 J. Financial Institutions 17.8 0.8 4.5 K. Real estate, businesses services 24.8 5.4 21.8 L. Public Administration / Defense 35.1 2.2 6.3 M. Education 21.7 1.1 5.1 N. Health / Social Services 15.3 1.5 9.8 O. Other Social 19.9 2.7 13.6 P. Household employees 17.5 17.5 100.0 2.8 0.7 25.0 387.6 79.9 20.6 D. Manufacturing E. Electricity, water Q. Extra-territorial Bodies / Others Total Source: Statistical Service ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 77 Audit Monitoring “The Audit Monitoring Visit : - Important Considerations” It was some years ago when our firm realised we had to make a serious decision : should we decide to aim to reach required standards, adopt new procedures, employ further experienced staff and invest considerable time, energy and money so as to stand a chance of getting through an audit monitor visit with a satisfactory result ? investment of time and it is well worthwhile giving it your best shot ! I look around the office and whilst the faces I saw prior to the monitoring visit were faces of utter determination and at times frustration, those faces today are calm and the message they give is simple “mission accomplished, life moves on, it was a challenge .......and now we must build on what we have achieved “. So many years later, our practices now have the chance to go through a further reorganisation and whilst for many the monitoring visit appears as once VAT appeared ....”a burden”, really it should be viewed as an opportunity to improve further , as a “challenge” and an “opportunity” to learn more and for those who think they are amongst the “progressive and promising “ , their chance to actually prove it ! By Anthony Ashiotis, FCCA, Managing Partner Anthony Ashiotis & CO The decision we took then Certified Public Accountants was unanimous, the effect it had upon us was “exhausting” and the result ..... “MOST REWARDING” ! I guess at this stage the reader will realise our visit proved satisfactory but if you visited our firm back in 1990 when it was established with a mere CYP 5000 loan from the local co-op and if you have heard about the poor success rate of monitoring visits, I guess our actions were such that helped us go a long way ... indeed it was not easy. I remember the time when VAT was first introduced in Cyprus back in the year 2002, the panic and stir it caused, the time, effort and expenses practices engaged in so as to be able to effectively enforce VAT legislation by adopting new methodologies, new accounting systems, new technology, countless training and development, let alone briefing the clients on what they had to do! The result was that accountants became more organized, clients records were updated on a regular basis, income for accountants became greater due to provision of VAT services whilst clients had to upgrade their accounting systems which in turn helped both accountants and auditors. Therefore, what at first appeared as an obstacle, what originally appeared as a real burden on all, today is simply part of life and an aid in many senses. But how have we as a firm managed to get a satisfactory visit ? In brief what we had to do was the following: The question at this stage is why being a relatively small firm did we decide to invest so many resources towards achieving the almost “impossible”? 1. Revise our policies and procedures from top to bottom without any “fear of change” always with a positive attitude and a strong will to succeed. The answer is simple. Size has no relevance and the outcome can be positive irrespective of the result of the visit. Whilst aiming to improve, learning and experiencing change with a progressive attitude can only produce a positive impact on the firm whether the monitoring visit proves satisfactory or not. The effort alone is a good 2. Realise that if we pass or fail it is not the end ......but a “new beginning”! 78 3. Reorganize our clients, our staff responsibilities and where needed employ new staff. ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Audit Monitoring 4. Organize in-house training and attend external courses. 5. Employ consultants who are experts in the field (In our case PCP Limited of the UK - Mr. Michael Scott). 6. Reward hard working employees and encourage overtime work so as to minimize any negative impact on flow of work. 7. Hold regular meetings with managers and staff and our consultants. If one has “character” this will bring results sooner or later and under any circumstances the chance is that with real “EFFORT”, a monitoring visit can produce if not a pass at least a recognition that a lot has been achieved and help identify those areas that require greater attention. In our case, we continue to target areas for improvement as one can not ignore that fact that the monitoring visit repeats itself and therefore at some future stage we will be tested once again ! In conclusion: 8. Invite “hot” and “cold” reviews. ñ The ACCA monitoring visit can produce rewards 9. Perform regular self-assessment of our firm, our procedures, records, overall organization and quality of both our audit and non audit services. whether a practice “passes” or “fails”, one simply has to learn from the experience and move on. ñ A realistic self-assessment and if possible obtaining the 10. Visits to professional websites, reading of related press articles of ACCA, ICPAC and professionals in the business and participation on many related professional courses organized by ICPAC and ACCA. opinion of reputable professional consultants can help a lot towards planning those changes that need to happen and also monitoring progress along the way. ñ Size of firm is not an important factor, what is critical 11. ‘’HARD’’ work ! HOW LONG DOES IT TAKE TO REACH SATISFACTORY MONITORING STANDARDS? In our case it took about two and a half years to get things where we wanted and I think two to three years is a realistic time required to meet a level at which a monitoring visit can prove satisfactory. How long exactly will depend on a number of factors: a) Existing standards of the practice in question; b) Capability of its staff; c) Premises (Spacious offices are always helpful in redesigning systems and procedures, re-allocating responsibilities, employment of further resources and so on ); d) Size and number of clients (The greater the size and number, the more effort required); e) Attitude of staff (Are they willing and able to put in extra hours?); f) Money (this is not a big factor but it is a factor to be considered as one has to invest in courses, training, consultation etc). is the will to improve. After so many long years of hard work, having finally reached the standards we aimed for and having concluded our long expected monitoring visit, I can only say that for all of us at “Anthony Ashiotis & Co”...... it’s a “new beginning’’ ! AT THE END IS IT A CASE OF THE STRONGEST, MORE PRIVILEGED AND LARGEST? Our story proves the opposite ! ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 79 Cyprus group relief provisions Are Cyprus group loss relief provisions compatible with European Community Law? - Part 2 INTRODUCTORY COMMENTS Andreas Iosif Manager Tax Services PricewaterhouseCoopers Following my recent article (September 2008 issue of Accountancy), on the incompatibility of the Cyprus domestic tax provisions on group relief with the European Community (thereinafter referred to as “EC”) Law another recent European Court of Justice (thereinafter referred to as “ECJ”) ruling highlighted the need for these Cyprus group relief provisions to be amended. THE FACTS OF THE PAPILLION CASE Societe Papillon (thereinafter referred to as ‘Papillon’) was the owner of various subsidiaries as illustrated in the group structure below: Following the ICI (case C-264/96) and Marks and Spencer (Case C-446/03) rulings on UK group relief provisions, on 27 November 2008 the ECJ has announced its decision on the Papillon case (case C-418/07). The subject matter of this case was the French group tax consolidation provisions which held to be incompatible with the EC Law. More specifically, the French group relief provisions infringed article 43 of the EU Treaty ‘freedom of establishment’. FRENCH TAX LEGISLATION Under the French domestic tax legislation, French companies that are members of a group can file a consolidated tax return. As a result, the profits and losses realised by the French group companies are consolidated and the internal transactions within the group are neutralised. For a group to be eligible to claim these French tax law provisions, group companies should be connected through at least a 95% ownership interest. However, a parent company subject to French corporate income tax is prohibited from including within the group tax consolidation French lower-tier subsidiaries held indirectly through a foreign company which is not subject to French corporation tax and does not have a PE in France. 80 ILLUSTRATED ABSTRACT OF THE PAPILLON GROUP STRUCTURE Upon filing its consolidated tax return, Papillon has included Kiron SARL’s (thereinafter referred to as ‘Kiron’) financial results and therefore the tax losses of this indirect holding had been taken into account for the determination of Papillon’s French final tax obligations as a group. This was not been accepted by the respective French tax ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Cyprus group relief provisions authorities on the basis that Kiron was owned indirectly though a non-French tax resident company which was not subject to tax in France. French tax authorities issued a revised assessment for the group without taking into account Kiron’s results. Papillon considered this as a restriction of the freedom of establishment (article 43 of the EC Treaty) since in a similar domestic situation i.e. a holding company resident in France could consolidate for tax purposes a French subsubsidiary which was owned by a French subsidiary. Therefore Papillon filed an objection against this to the French Court. The French court in turn stayed the proceedings and referred the Case before the ECJ by virtue of article 234 of the EC Treaty for a preliminary ruling as to whether the above described French tax legislation provision was incompatible with article 43 of the ECJ. At this stage, it is worth to mention that the subject matter of this case is not similar to those of ICI and Marks and Spencer. The subject matter of these later cases was the cross border group relief between Member States. The subject matter of the present case is whether a non-tax resident company can provide the necessary link between a resident company and a resident sub-subsidiary company. CASE ANALYSIS Historically, the ECJ accepted the fact that direct tax is a competence of each Members States but it is now settled case law that such competence must be exercised consistently with the EC Law. Therefore, pursuant to the EC Treaty Article 43 in conjunction with Article 48, companies resident in any EU Member State have the freedom of establishment within the European Union zone. These two aforesaid articles have been designed for the purposes of preventing the host state to discriminate nonnational companies. However, it is also settled ECJ case law that the state of origin should not implement provisions which prevent its national companies from investing in other Member States. Therefore, the examination concentrated as to whether the French tax consolidated provisions were restricting a French company from investing in another Member State via a subsidiary company. From the outset, it is clear that the French tax consolidated provisions provide for an advantage for those companies that could apply these provisions. This was due to the fact that consolidated companies could utilise their tax losses within the group immediately rather than carrying these ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 tax losses forward. Advocate General (Kokott) (thereinafter referred to as ‘AG’) said that two conditions must be met to be able to apply this French tax regime; (1) all French companies must be uninterrupted chain and all companies in the chain must be included in the fiscal integration (2) all companies must be subject to French taxation. Therefore, as Artist Performance and Communication (thereinafter referred to as ‘APC’) was not a French tax resident company it could not be included in the consolidated integration and therefore the link was broken. To this end, Kiron, the French sub-subsidiary company could not be included in the tax consolidation either. The ECJ agreed with the AG and in paragraph 30 of his opinion stated that these French tax provisions creates a different treatment in an objectively comparable situation. Based on these findings, a restriction of the EC law was found which in principle is prohibited. AG also stated that such restriction is only permissible if it is justified by overriding reasons of public interest. It is also crucial that such justifications are not beyond what is necessary to attain it he said. FRENCH JUSTIFICATIONS OF THE RESTRICTION Preserve the allocation of the power to impose taxes between Member States. ECJ advocated that this justification was accepted in the case of Marks and Spenser and Oy AA (case C - 231/05) emphasising, however the facts of these cases were different. The object of these cases was the utilisation of losses of a company resident in a Member State other than that of the claimant company. In this case, the claimant company was resident in a Member State where the company with the losses was also resident. Therefore since Kiron was also subject to French tax France’s power to impose taxes on Kiron was not diminished. COHERENCE OF THE TAX SYSTEM The French Court stated that the current French tax consolidated provisions assist the coherence of the French tax system. This was due to the fact that these provisions require the neutralisation of the inter-company transactions between the companies included in the tax consolidation. 81 Cyprus group relief provisions Having included a sub-subsidiary within this integration, there was a risk of losses to be deducted twice as illustrated in the example below. Due to the fact that the French subsubsidiary realised losses, the Dutch subsidiary may impair its investment in the shares of this French subsubsidiary company. The French holding company in turn may also proceed with a depreciation of the investment in the shares of the Dutch company. In such a case, should the sub-subsidiary company was to be included in the tax consolidation, its losses will be taken into account but the inter-company transactions would not be completely neutralised. This is because the Dutch subsidiary would not be part of the integration and thus the parent company’s impairment provision for the Dutch company’s shares (which relates to the loss of the subsubsidiary French company) would not be eliminated. At the outset, ECJ accepted this justification. However, this justification failed the proportionality test. ECJ accepted that the cohesion of each Member States’ tax system should be protected, however, where this was possible less restrictive provisions should be put in place. In addition, where the EC law provides for any available mechanism to assist Member States of a harmonised cooperation, these should be utilised. Therefore, as exchange of information mechanisms (such as Mutual Assistance Directive) is available, relevant information can be obtained in order for a Member State to protect the 82 cohesion of its tax system. Moreover, even if the ECJ did not make any reference, France and the Netherlands have also a double tax treaty in force. Mutual assistance procedures are also available pursuant to this treaty. In conclusion, the ECJ ruled that the French tax consolidation provisions were incompatible with the EC Law. Effect of the above ruling on the Cyprus tax legislation on group tax relief provisions Cyprus relevant group tax relief provisions .... In determining whether one company is by seventy five per cent subsidiary of another company, the other company shall be treated as not being the owner ..... (iii) of any share capital which it owns directly or indirectly in a company not resident in the Republic. Pursuant to the above provisions of the Cyprus tax legislation, group relief is not available for Cyprus companies as illustrated below. ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Cyprus group relief provisions A (Cy) cannot form a group for the Cyprus group tax relief provisions with C (Cy) Ltd and D (Cy) Ltd because the link is broken with the investment in B (non-Cy) Ltd. The example above is similar to the facts of the main proceedings of the Papillon Case above. Therefore, this is an area of the Cyprus group relief provisions that seems to be incompatible with the EC law and ECJ rulings. We are now in a very competitive environment where almost all jurisdictions around the world have appreciated the importance of tax revenues and the need to have an investor attractive and friendly tax system. Many EU states have already expressed their intention to have a tax reform to that effect. In addition due to the credit crunch, the world economy currently finds itself in a crisis and all governments are now considering alternative ways to raise revenues. The vast majority have come to the conclusion that a tax reform with low corporation taxes and reputable tax system would attract significant funds in their countries. Even though Cyprus has a very favourable tax system it should take into account these global trends and proceed with the relevant tax law amendments so that to avoid being challenged, protect and enhance its current reputation. It is accepted that the Cyprus tax system is a driving force for many investors to structure their investments though Cyprus. Therefore, any level of uncertainty in its tax legislation (such as group tax relief ) should be eliminated as a matter of urgency. Accountants in the Public Sector The Public Sector recognizes the invaluable contribution of its accountants By Stelios Ioannides Public Sector Committee Major reforms in the Public Sector in recent years have evolved around the fol-lowing: 1. Better Accountability and Decision Making, 2. Risk Management and Control, 3. Quality control, employed in the wider Public Sector, took the initiative to meet with the Director of the Department of Public Administration and Personnel of the Ministry of Finance, in February 2009, and discuss the above issues. The Director of the Department of Public Administration and Personnel recognised the invaluable contribution of accountants to the Public Sector and expressed his willingness to support them, whenever possible. Issues raised included: 4. Efficiency and Effecti-veness of services offered. Public Sector qualified accountants have been in the heart of such reforms and hence more and more Public Organizations sought to recruit them and utilize their knowledge and expertise. Despite their evident contribution however, career prospects for them have been uninspiring at best. Starting salaries in many cases were low and career progression was very slow resulting to increased turnover. The Public Sector Committee of ICPAC, identifying a number of issues concerning qualified accountants ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 1. The diversity in salary scales between Public Sector Organisations employing qualified accountants needs to be reassessed, 2. In positions requiring qualified accountants in the Public Sector, the requirement, for applicants to be members of ICPAC (a significant number of job descriptions have already been amended thus) and, 3. The quantification of post-qualification experience of qualified accountants applying for positions in the public sector. 85 Hiring the right people Topgrading: Process used by top companies to hire, coach and keep the best talent. OVERVIEW: Marios Paraskeva, BSc, MBA, CPA Advisor to the CEO Russian Commercial Bank (Cyprus) Ltd Topgrading is about filling every position in the business with top candidates (A players) at the appropriate pay grade. It is a process which involves the seeking out, hiring and retaining these A players by using the best assessment methods so that: ñ less than 10% mistakes are made in hiring and promoting ñ improves existing staff through coaching ñ redeploys staff who are not performing at the highest level in a position in which they can excel The old slogan that “People are the most important asset” is no longer applicable; people are not the most important asset for a company, the right people are! It is therefore absolutely vital to approach important decisions about hiring, promoting, developing and redeploying people with at least as much rigour as we do for any other important business decisions. The right person has more to do with character traits and inborn capabilities rather than specific knowledge, background or skills. Knowledge, background and skills are essential factors but not in themselves sufficient. The character traits and inborn capabilities principles of hiring the right people have been adopted by many high performance organizations such as GE, Microsoft, Procter & Gamble, 3M and many others. Within an organisation, people are divided according to performance into A players, B players and C players. 86 When a company is topgrading, by definition is not accepting a mixture of A, B and C players; it is proactively seeking to fill each team with A players. An A player is one who is among the top 10% of those available for a position and is doing the job at the right price, in the right location and at the right time. (B players fall into the next 25% of those available and C players fall below the top 35%). BENEFITS: A players bring huge benefits to a business because: they contribute more, they innovate more, they work smarter, they earn more trust, they display more resourcefulness, they take more initiative, they develop better business strategies, they articulate their vision more passionately, they implement change more effectively, they deliver higher quality work, they demonstrate greater teamwork, and they find ways to get the job done in less time with less cost. They are clearly essential in a high performance culture. The most truly high performance organizations have at least 75% of their people in the A player range and almost no C players. Research however, has shown that the reality is different in most business. The split is more likely to be: 25% A players, 55% B players and 20% C players. It therefore reasonable to assume that, most organizations need to take a journey towards high performance. The challenge is to convert B players to A players and examine ways to help C players become at least B players. This journey though, requires serious investment; however the costs of making poor hiring decisions are even more costly. According to research carried out with more than 50 companies, the average costs of mishiring are as follows: ñ Base Salary of less than Eur 60K: 14 times the salary ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Hiring the right people ñ Base salary between Eur 60K- Eur 120: 28 times the TOPGRADING ASSESSMENT PROCESS: salary ñ All Salaries: 24 times the salary The above figures are very conservative as they did not take into consideration maintenance and disruption costs. The topgrading assessment process combines (a) Competency based interviews, and (b) Chronological InDepth Structured Interview. Topgrading enables the hiring manager to more accurately, as compared to more traditional unstructured interviews, identify and assess the best candidates. KEY THEMES: The six competencies assessed are as follows: ñ Recruitment and retention of A players is the leader’s accountability; HR functions can facilitate the process but only effective leaders can attract and retain A players ñ A players tend NOT to work for B or C players; they become stifled and either leave or become ineffective in their role. Leaders therefore, need to continuously develop themselves as well their teams to ensure A player status ñ A players tend to be more cost effective than B and C players as they contribute greater value ñ Whilst compensation is important, it is not the overriding factor in attracting and retaining A players. Other factors such as challenge, variety and career progression also need to be considered. Leaders need to maintain the right mix of these factors. ñ Business Skills: Encompasses an understanding of customer needs and priorities to provide quality service ñ Commercial Effectiveness: Encompasses productive contribution to revenue generation ñ Control Environment: Encompasses an awareness of, adherence to and compliance with governance and risk policies and procedures as well as compliance policies. ñ Management & Leadership: Encompasses the ability to adapt to change and effective decision making ñ Personal & Interpersonal Skills: Encompasses integrity, initiative, and commitment through interactions with colleagues and clients. ñ Not all talented people are A players. It is necessary to ñ Technical Knowledge: Encompasses an in-depth view A players in the context of the organization’s environment and ensure that roles and responsibilities are clearly defined. understanding of relevant and up-to-date technical knowledge. ñ A players do exist and required at all levels in the business ñ Top grading cannot accommodate C players; leaders must coach and train to drive up performance levels and therefore upgrade C players to at least B players. ñ Many obstacles to topgrading exist. These range from lack of available talent to location difficulties. Whatever the obstacles are, leaders can and should overcome them. ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Following the competency interviews, if the candidate is recommended to progress further, the Chronological InDepth Structured Interview is then undertaken. This interview can take up to 4 hours and depending on the seniority of the candidate, it is run by two senior staff and is a thorough walk-through of someone’s work and academic experience, achievements and challenges. The structure of the interview helps the interviewers “get under the skin” of a candidate by looking at the underlying values, beliefs and understanding what guides their decision making process. 87 Auctioning property Selling Property by Auction It is not the last but possibly the best choice, with the current market conditions It is outdated to believe that selling property by auction is an indication of the financial problems of the seller. Auctioning is simply a good option and under certain conditions perhaps the best option that the seller has in order to sell his property. It is perhaps the most impressive way of making a sale but also the most competitive for buyers. Auctioning is a George Mouskides different and effective Manager method of selling property. It Smart FOX Estate Agency is an intense accelerated marketing process which gets the property drawn into a public sale. The history of auctions, according to ancient Greek inscriptions, began in 500 B.C. in Babylon when once a year beautiful women were auctioned off to suitors. In Ancient Rome plots of land were granted using auctions. During the 17th century in France works of art and furniture was sold via auctions. Why Auction? Contrary to public opinion, selling property via an auction offers additional and more effective ways of selling than the traditional methods of promoting property. Auctioning has advantages for both the seller and the buyer. The seller knows that, the buyers that are present at the auction are ready to buy, ñ that their property will be sold at true market value, ñ the auction accelerates the sale, ñ that a specific day for the negotiation of the property exists, ñ that the process limits visits to the property by buyers that have not been screened, ñ that he himself controls the terms of the sale, ñ that the property is sold as is, ñ that the auction creates an effective way of advertising the property, and ñ that the price at the auction might exceed the expected price of the sale. 88 The buyer knows that, ñ he gets property at a reasonable cost in a competitive sales process, ñ the seller wants to sell, ñ he determines the final price, ñ the auction limits the duration of the negotiations, and that ñ he is competing on equal terms with all other interested buyers. The English method is the most widely used auction. The participants outbid each other openly and the auction ends when the participants stop bidding and the last (highest) bidder is the victor. The seller has the right to determine a minimum price of the sale (Reserve Price) and if the amount at the auction does not exceed it, the auction is postponed. The seller can also select an absolute (Absolute) auction in which a minimum price is not determined and the highest bidder is selected. In both cases the seller has the right to withdraw the property from the auction if an agreed minimum with the auctioneer is not reached during the bidding process. The auction begins from the day that the seller and the Auctioneer agree on the terms and the method of promoting the property and the date and location of the auction is fixed. The Auctioneer will publicize and draw the attention of potential buyers and will show the property on predetermined viewing days. The Location where the Auction takes place can be the property itself or any other location that the person in charge of the auction might indicate. The interested buyers indicate that they intend to participate in the event and to compete for the property. The victor at the auction is obliged to immediately pay a deposit (usually 10% of the value of the property) and the balance within 30 to 60 days. In the event that the buyer does not manage to cover the remaining balance, he loses the deposit. It is commonly accepted that selling property by auction is one of the most effective and speedy methods and is increasingly preferred by buyers and sellers because it offers another approach in the sale of property. Auctioning is a method that all sellers need to evaluate before they decide on how they will make their property available for sale. For more information, please contact us on tel 800 800 82. ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Risk Management Practices Become a Risk Intelligent Enterprise When it comes to risk and assessing the impact it can have on the organization, there is much at stake; Customers, Revenues, Reputation, Brand, and Shareholder Value. Welldesigned and implemented risk management practices can help to protect and leverage these valuable assets. Harry Xenophontos, CISSP Senior Consultant Enterprise Risk Services Deloitte Ltd ñ Many industries engage in sophisticated risk management practices, yet these are often narrowly focused. Most organizations do not intelligently manage the full spectrum of risk across the organization. ñ Risk Intelligent Enterprises break through risk management “silos” to address the possibility of risk interactions and risks in combination. ñ Risk Intelligence pays as much attention to the upside ñ Do you have insight into as the downside by considering the ability to anticipate and react to a market opportunity as an important part of the risk framework. the full spectrum of risks facing your company? ñ Organizations that are most effective and efficient in ñ Does your organization have the resilience to recover from a severe disruptive event? ñ Do you systematically include risk considerations in the development of corporate strategy? ñ Do you embrace intelligent risk-taking as a means to competitive advantage and increased shareholder value? ñ Do you consider both vulnerability and probability in managing risks to both existing assets and to future growth will, in the long run, outperform those that are less so. At stake is not only earnings and market cap, but also opportunities for growth, gains in market share, and the ability to become viewed as an industry leader. Traditional approaches to risk management emphasize mitigation, focusing on the readily apparent risks facing a company in the areas of security, privacy, credit, regulatory, technology, fraud and more. These threats are, of course, important and must be addressed. your risk assessment process? ñ Do you consider risk scenarios and the interaction of multiple risks? ñ Have you infused Risk Intelligent practices into your corporate culture? In today’s environment of complex and multiplying risk, chief audit executives (CAEs) have a unique opportunity to influence multiple fortunes - their company’s, their department’s, and their own. As you know, Enterprise Risk Management is currently one of the hottest topics in the marketplace. Yet despite this widespread awareness, little consensus exists regarding ERM philosophy, methodology, or even an agreed-upon definition of the term. ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 But enlightened risk managers (and we are talking about the entire C-suite here, not just the chief risk officer) don’t worry just about the bad things that could happen, such as the theft of sensitive customer data. They also consider the good things that might occur, like introducing a hit product to the marketplace. While it’s important to evaluate potential crises, it’s equally critical to consider risks that are linked to success so you can capitalize on opportunities. WE CALL THESE TWO FACES OF RISK “REWARDED RISK” AND “UNREWARDED RISK.” In enterprises where risk management capabilities are not fully developed, unrewarded risk often represents the full extent of their risk management activities. Unrewarded risk gets its name from the fact that there is no premium to 91 Risk Management Practices be gained for taking certain kinds of risks (for example, risks affecting operations, integrity of financial statements, and compliance with laws and regulations). Unrewarded risk represents what poker players call “table stakes”: you’ve got to ante up just to get into the game. The ante, of course, doesn’t guarantee success; it only ensures that a hand of cards will be dealt to you. The attendant risks can’t be ignored, but the primary incentive for addressing them is value protection, not value creation. Conversely, rewarded risk focuses on value creation; it involves managing risks to future growth, including putting capital at risk and making profitable bets. In rewarded risk-taking, a company receives a premium for taking and managing risks - and receiving approval in the marketplace - associated with new products, markets, business models, alliances, and acquisitions. Rewarded risks represent the strategic bets that you place during your poker game. You’ve assessed your hand, sussed out the competition and wagered a stack of chips with the expectation of raking in many more than you’ve laid out. In business, rewarded risks are those bets you make as you develop new products, enter new markets or acquire new companies. The primary motivation for taking rewarded risks is to spur value creation. Fixate on just one side of the coin and you’ll get a onesided result. Focus on value creation (rewarded risk) to the exclusion of value protection (unrewarded risk) and you’ll quickly find yourself on the slippery slope of noncompliance, litigation, reputational risk and other nastiness. Similarly, address only unrewarded risk and ignore rewarded risk, and your company may survive but will never thrive. into protecting themselves from threats, but don’t actively look for ways to convert those threats into opportunities. Similarly, on the value side, they might make bold investments in new market opportunities, while not doing enough to actively manage the risks that could prevent those opportunities from paying off. In reality, risk and value are two sides of the same coin - and should be managed as such. The key to being risk intelligent is finding the right balance to both protect and create value. In most cases, that means increasing your emphasis on rewarded risks and actively managing those risks to deliver the expected returns. It also means scrutinizing your investments in unrewarded risks to be sure they are effective and efficient. THE REWARDS OF RISK INTELLIGENCE The competitive benefits of improved Risk Intelligence include: ñ improved ability to prevent, quickly detect, correct, and escalate critical risk issues ñ reduced burden on business operations by standardizing risk management principles and language ñ reduced cost of risk management by improved sharing of risk information and integration of existing risk management functions ñ a means to improve strategic flexibility for both upside and downside scenarios ñ the ability to provide a “comfort level” to the board and In acknowledgement of these two faces of risk, we have coined the following business maxim: “Organizations that are most effective and efficient in managing risks to both existing assets and to future growth will, in the long run, outperform those that are less so. Simply put, companies make money by taking intelligent risks and lose money by failing to manage risk intelligently.” Risk is a fundamental part of business. But that doesn’t mean all risks are the same. Companies that focus on the wrong risks are wasting their time and money-and ultimately, short-changing their shareholders. other stakeholders that the full range of risks is understood and managed. Inherent risk refers to the risk that exists before you address it; i.e., the risk to your company in the absence of any actions you might take to alter either the likelihood or impact. Every company in every industry faces inherent risk; of course, not every company manages it effectively or efficiently. DRIVING MORE VALUE BY BECOMING “RISK INTELLIGENT” Residual risk is also known as your “vulnerability” or “exposure”; i.e., the risk that remains after you have attempted to mitigate the inherent risk. Companies can only understand residual risk if they have first addressed inherent risk. Companies often treat risk and value as separate silos. On the risk side, they may invest significant time and effort Risk Intelligent Enterprises consider both inherent and residual risk. This process puts both the executives and the 92 ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Risk Management Practices board in a better position to evaluate the level of exposure and then decide whether or not to accept the exposure. THE RISK INTELLIGENT ENTERPRISE: FUNDAMENTAL STEPS As noted previously, every company is unique, and intelligent risk management practices must be tailored to specific circumstances and needs. Key steps to creating the Risk Intelligent Enterprise. 1. Establish an overall framework, policy, and process for assessing and managing risk. Does your company have an overall risk framework that addresses the risks the company is exposed to, how it views those risks, and how it manages them? Does your company have a risk policy? Many regulatory bodies require that the audit committee discuss with management the major financial risk exposures and the steps taken to monitor and control such exposures; also that the audit committee should be satisfied with the company’s risk assessment and risk management processes. Risk factors that affect business, operations, industry or financial position should be described in plain English. Do you have a process? Policies alone won’t create a Risk Intelligent Enterprise. Directors should challenge management to demonstrate a systematic and disciplined process for risk identification, assessment, and prioritization; risk response; and risk monitoring and reporting. Executives should provide regular updates to the board and audit committee to demonstrate that their risk processes perform as expected and that reports on risk are reliable. 2. Identify key risks and vulnerabilities and the plans to address them. Assess value and determine where risks could impact value. Engage in scenario planning: What are the alternative futures? What could cause you to fail? What are the mission-critical risks that could have the highest adverse impact on company value and strategic objectives? Where are you most vulnerable? What are the early warning signals and how will you recognize them? A key characteristic of effective Risk Intelligence is the ability to separate irrelevant from relevant information. An important consideration in this area is the problem of multiple risks in combination. Consider how risks may interact, keeping in mind that risks don’t respect organizational boundaries. What are you doing to address those risks? And how do you know it’s working? (According to a Deloitte Research study: Most major losses at the global 1000 companies surveyed were the ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 result of multiple high-impact but low-likelihood risks.) 3. Establish your risk appetite. Determine how much risk you have taken on. Decide whether you can take on more or should reduce risk. Once you have decided to take a risk, how much risk is your company willing to accept? What is your capacity to bear risk? How much of your capital or existing assets are you willing to put at risk at any one time? How much risk are you willing to take to achieve future growth? How resilient are you in the face of an extreme event? The key question that is often overlooked: Are you intelligently taking enough risk? The implications of practicing risk avoidance without pursuing rewarded risktaking may include missed business opportunities, decreased competitiveness, and, ultimately, the demise of the business. Businesses must take risks to be competitive. 4. Decide who has responsibility and authority to take risk on behalf of the company. Surprisingly, a number of companies fall short in this area; the roles and responsibilities around risk are often unclear and misunderstood. How will responses be integrated and coordinated across the entire enterprise? Specificity is a necessity: What powers are reserved for the board? Who can commit the company? When can authority be delegated? What are the escalation procedures for “red flag” risks? Who, if anyone, has the ability to “bet the farm”? 5. Determine your capability to manage risk on an integrated and sustainable basis. The Risk Intelligent Enterprise cannot be achieved overnight. In most cases, organizations will move through distinct stages of development. The lowest state of risk management capability is characterized by an ad hoc (if not chaotic) approach that depends highly on individual responses and often “heroic” efforts in the absence of more systematic approaches. Once specializations have emerged, subsequent stages will involve moving risk management out of “silos” and toward a fully integrated and coordinated response. The highest state of capability will build risk considerations into corporate strategy and the decisionmaking process, with an emphasis on risk-taking for future growth and reward as well as the protection of existing assets. In the fully developed Risk Intelligent Enterprise, risk management is viewed not as a project but part of the culture, the way of doing business. Risk Intelligence is all about enterprise management. 93 Statutory Auditing The Profession of the Statutory Auditors in Bulgaria The beginning of the profession of the statutory auditors in Bulgaria was set in 1991 with the issue of the Accounting Law. Through it the institution of the certified public accountants to the Ministry of Finance was formed, with the intention to organize and implement independent financial audit. In a special part of the Ass. prof. PhD. Stoian Accounting Law, the Stoianov CPA functions of the certified Head of Department public accountants, the “Accounting and Control” stipulation for payment for University of National and their work, the form of World Economy, Sofia, practise of the audit and the Bulgaria competence of the Ministry of Finance in solving their disputes with the audited enterprises were determined. It was laid down as law, that the profession of the auditor can be practised individually or collectively (in offices, chambers or alliances). The same year, the finance minister approved Regulation of the certified public accountants, with which the normative base for the practise of the auditor profession by the certified public accountants was established. In the regulation, the way to acquire and forfeit professional qualification by the certified public accountants, their rights and responsibilities, as well as the order of the review procedures and audit certificates of the annual accounting reports were set. Then and there the regulations and the practice were established for the certified public accountants to acquire qualification only after taking the compulsory examinations. In the beginning, the examinations were organized and administered under the guidance of the Ministry of Finance. participated in the national examinations boards, which for a while conducted the examinations with the candidates for certified public accountants. With a special paragraph of the regulation of certified public accountants, right was given to the individuals with qualification of ‘sworn certified accountant’, acquired under the conditions of the Law of the Institute of Certified Sworn Accountants (ICSA), effective from 1931 till 1948. This decision has been taken more as an act of continuity of the institution of certified public accountants with the Institute of Certified Sworn Accountants, because in practice rather small amount of individuals could make use (benefit) from it. At the same time, this gave the ground for some researchers to point 1931 as the beginning year for the profession of the statutory auditors. In 1992 the Association of Certified Public Accountants in Bulgaria was found, as a voluntary non-profit-making association. Its main purpose was to form, develop and improve the profession of certified public accountants. The association undertook from the Ministry of Finance the right and responsibility to administer the examinations with the candidates for certified public accountants. In 1996 the Association of Certified Public Accountants in Bulgaria terminated its work and its functions were undertaken by the Institute of Certified Public Accountants (ICPA) , established in accordance with provision of the Accounting Law. The present status of the profession of the statutory auditors in Bulgaria is regulated with the Law of independent financial audit, effective since the beginning of 2002. According to it, the independent financial audit is conducted by statutory auditors, members of ICPA. The exclusive rights for the practise of the profession of statutory auditors are conducted: 1. directly The first group of certified public accountants acquired their certificates after successfully sitting for examinations before a Commission of experts of the European Federation of Accountants (FEE). After that, they 94 2. through an enterprise of a statutory auditor 3. through participation in a specialized auditors company The specialized auditing company is defined as a company, ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Statutory Auditing registered by the Bulgarian business legislation or by the legislation of another country - member of the European Union, or country - party to the Agreement of European Economic Area, with independent audit of the financial reports of enterprises as main subject of business, three fourths of the members of the executive body of which are statutory auditors, auditors or auditing companies from other countries - members of the European Union, with good reputation. For the financial commercial companies is required over 50% of their capital to be the property of statutory auditors. An individual - statutory auditor can participate in only one specialized auditing company. For certified public accountant and statutory auditor a candidature can be lodged by an individual, who has not been convicted of crime and meets defined by law requirements for educational qualification, training and professional practice. The candidates sit for examination through ICPA on: 1. accounting, including the International financial reporting standards member of the European Economic Area, is enlisted in the registry of statutory auditors in Bulgaria after successfully sitting an examination through ICPA in Bulgarian commercial law, tax and insurance law in Bulgarian language. In compliance with reciprocity, ICPA enlists in the register an auditor (specialised auditing company) from a third country after he represents evidence that he satisfies conditions equivalent to those in Bulgaria. In the Law of independent financial audit the rights, obligations and responsibilities of the statutory auditors are defined. The first and most important obligation of the auditor is to observe the principles: independence, professional competence, confidentiality, respectability and objectivity. Other more important obligations are: ñ to implement the undertaken auditing obligation, except in the case where at hand are objective circumstances which hinder him from doing so ñ to inform the management of the enterprise client for 2. commercial law 3. Independent financial audit, including International Auditing Standards 4. tax and insurance law Before sitting for the examination on independent financial audit the candidates must have at least two years of professional practice in a specialized auditing company or in a company of a statutory auditor. The individuals, who acquired a certificate for certified public accountants are enlisted in a special register in the Institute of Certified Public Accountants (ICPA). They acquire the right to sign auditing reports with opinion on financial reports after one year of professional practice in a specialized auditing company or in a company of a statutory auditor and after their entry in the registry of statutory auditors. The statutory auditor takes an oath and signs a declaration under oath with content defined in the law. In the register are also entered the specialized auditing companies. An individual, who acquired the qualification to sign auditing reports with opinion on financial reports, in a country member of the European Union or country ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 all circumstances, which would impede his independence in implementing his auditing obligation ñ to continue abiding by the requirement for confidentiality, when he has terminated or finished work on given auditing commitment ñ to inform the management of the enterprise client for substantive violations of the legal and normative acts, of its articles of association and other internal regulations, norms and procedures, as well as all other information, as far as he has become aware of in the process of implementation of the independent audit ñ to warn the enterprise client in the field of his competence for actions or omissions, which may harm the enterprise, as far as he has become aware of in the process of implementation of the independent audit ñ to present documents, proving the implementation of the auditing obligation and the given opinion ñ to comply with the International Auditing Standards and the Professional Code of Ethics, adopted by the Institute of Certified Public Accountants to report his activities to the Institute of Certified Public Accountants in an order confirmed by it 95 Statutory Auditing ñ to participate in the activities of the Institute of Certified Public Accountants and its agencies, and to observe the statutes of the institute ñ to insure against the risks of his professional occupation The owners of auditing companies, as well as the members of their managing or controlling bodies do not interfere with the implementation of independent financial audit in a way, which endangers the independence and objectivity of the statutory auditor, who alone conducts the independent financial audit on behalf of the auditing enterprise. The statutory auditors bear limited liability up to threefold the amount of the contractual remuneration agreed upon for audit, for damages which they have caused to their clients, if the damages are direct and immediate result from their actions and inactions. The limitation of obligation is not applied in the occasion of deliberate illegal conduct by the auditors. However, they do not bear responsibility for the violations allowed by the management bodies and employees of the auditing company. The professional activities of the certified public accountants and the statutory auditors in Bulgaria are organized and managed by ICPA, established as a legal entity of independent maintenance with headquarters in Sofia. The institute is a professional organization of the certified public accountants, which represents its members before the community, the public authorities and the international organisations. It performs the following functions: 1. organizes and administers the examinations of candidates for certified public accountants 2. registers the auditors, who acquire their qualification according to the statutory requirements 3. organizes and carries out various forms to advance their professional qualification 4. organises training for the candidates for certified public accountants by cooperating with selected universities 5. issues own magazine, teaching aids and research works, related to the development and promotion of the auditing profession 6. approves internal system for control over the activities 96 of its members 7. develops, when required, professional auditing regulations and techniques for additional assistance and regulation of the activities of its members 8. controls the quality of auditing practice and the professional conduct of its members 9. organizes, assists and conducts research in the fields of independent financial audit, accounting and financial analysis, and other accompanying fields The Institute of Certified Public Accountants prepares regulations for continuous training of the certified public accountants and the statutory auditors. The regulations for organisation and conduct of continuous training are accepted by the institute’s management Commission, endorsed by the Commission for public oversight of statutory auditors and are announced annually in the appropriate way. The training for every calendar year cannot be less than 40 hours. For the statutory auditors who have not conducted independent financial audit in the course of three successive years, the training cannot be less than 80 hours. The following specialized boards have been organized and are working for the implementation of specified, by the Law of independent financial audit, managerial and supervisory functions on the practise of the auditing profession by the statutory auditors in ICPA: management board, supervisory board, professional ethics board, quality control board of auditing services and disciplinary board. An Educational-Methodological board has been established with an ICPA management board resolution, which organizes and manages the continuous training of the statutory auditors. ICPA is member in the following international organizations: 1. International Federation of Accountants (IFAC) - since 1995 2. South Eastern European Partnership on Accountancy Development (SEEPAD) - since 1999 3. Federation Internationale des Experts-Comptables Francophones (FIDEF) - since 2002 4. Fédération des Experts Comptables Européens (FEE) ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Statutory Auditing - member correspondent since 2002, full member since 2006 5. Fédération des Experts Comptables Mediterranéens (FCM) - since 2003 The work of the statutory auditors in Bulgaria is subject to public control, which is carried out by the Commission of public control of statutory auditors. The Commission of public control was established in accordance with the requirements of Directive 2006/43/ of the European Parliament and the European Council, in reference to legal audit of annual financial reports and consolidated reports. The Commission is an independent camaraderie agency with four year mandate and is financed by the central government budget. It consists of chairman and six members, who are elected by the Bulgarian Parliament, in condition that they meet defined by the law requirements for educational qualification, training and professional experience. The more important functions and activities of the Commission for public oversight of statutory auditors are: to carry out ICPA practice supervision, to approve rules and procedures for control of auditor practice quality, to conduct investigations in connection with received signals and suggestions by interested parties for presumed violations, as well as in other cases, in their judgement, to carry out co-operation with the respective authorities of the European Union, or third countries, responsible for the independent financial audit, to impose a fine in the stipulated by the law cases, etc. The statutory auditors carry out independent financial audit in concordance with the International Auditing Standards and in compliance with the principles of the Ethical code of the professional accountants, adopted by the International Federation of Accountants. The audit is carried out on the basis of a contract between the enterprise client and the statutory auditor as a private entity or through his company, or specialised auditing company with indication of the statutory auditor responsible for the independent audit. The remuneration and the terms of payment for the auditing service are negotiated on the basis of developed by ICPA and confirmed by the Commission for public oversight of statutory auditors methodology for quantity of working hours necessary for qualitative and effective implementation of the independent financial audit. The methodologies recognize ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 the character of the business activity of the audited enterprise, its size and number of workers and employees. The remuneration is determined as a set amount only for the auditing service and cannot be influenced by the provision of additional services or to be put under stipulation. During the implementation of the audit, the statutory auditors are independent from the auditing company and do not participate in taking decisions in it. They do not carry out audit if there is a direct or indirect financial connection, employment or other connection, including provision of additional services unconnected with the audit, between the statutory auditors or the network and the auditing company, from which objective, rational and informed third party can conclude that the independence of the auditor has been compromised. The statutory auditors, including auditing companies from third countries, registered in ICPA are subject to quality control of their practice. The system of quality control is build and functions upon rules, procedures and plans established by the Commission for public oversight of statutory auditors on proposal of ICPA. The check of quality control of auditing practice is carried out by two groups. The first group includes members, who are appointed by the Commission of quality control to ICPA and are approved by the Commission for public oversight of statutory auditors. These are certified public accountants and statutory auditors, who keep their right to practise auditing. The members of the second group do not have the right to practise activities connected to independent financial audit. They are appointed directly by the Commission and enter in labour or contractual relations with it. For asserted during checking lapses or violations in the auditing practice for the legal auditors the examiners make proposals to the Commission, who has the right to give compulsory directions to the statutory auditors and to take actions towards them. The Commission of public control of statutory auditors can conduct investigations in connection with received signals and suggestions by interested parties for presumed violations, as well as in other cases in their judgement. In those cases it is allowed the Commission to be assisted by the respective agencies of ICPA. 99 Statutory Auditing The quality control on the practice of statutory auditors includes: 1. Check of the auditing documentation for correspondence with the applicable auditing standards 2. Check for the observance of the requirements of the International Auditing Standards 3. Check for the observance of the ethical norms and requirements for the independence of the auditor 4. Establishment of the adequacy of time and human resources, used for the audit, in compliance with its scope and complexity 5. Establishment of the adequacy of the auditor’s remuneration, received for the audit 6. Evaluation of the internal system for quality control, applied by the statutory auditor The statutory auditors are subject to quality control of the auditing practices at least once in 4 /four/ years. If they practise independent audit in an enterprise, whose activity presents public interest, they are subject to quality control at least once in 3 /three/ years. The Bulgarian Law of independent financial audit determines as an enterprise, with activities subject to public interest, the public companies and issuers of securities in the country, as well as in other countries members of the European Union and the European Economic Area, financial institutions, insurance companies, providers and companies from the main sectors energy industry, water supply, telecommunications and railway. It is agreed, that there is also public interest to the practice of all other enterprises, which for the current year exceed the figures of two of the following criteria: the following functions: 1. Supervises the processes of financial reporting in the enterprise 2. Supervises the efficiency of the systems for internal control in the enterprise 3. Supervises the efficiency of the systems for risk management in the enterprise 4. Supervises the independent financial audit in the enterprise 5. Examines the independence of the statutory auditor of the enterprise, in accordance to the requirements of the law and the Ethical codex of the professional accountants, including if there are additional services performed by the statutory auditor of the auditing company 6. Proposes to the management bodies the selection of statutory auditor The Law of independent financial audit obligates the statutory auditor, respectively the key auditor form the auditing company who is undertaking the independent audit of the enterprise and whose activities are subject to public interest, to withdraw after he has carried out auditing engagements during 5/five/ consecutive years. This auditor can participate in the audit of the same enterprise at least two years after his withdrawal. He cannot rank high in the audited company before the expiry of the term of two years since his withdrawal from his auditing engagement. 2. Net proceeds from sale for the year - 97,5 million lv. /50million euro/ The Commission of public control of statutory auditors in Bulgaria collaborates with the appropriate competent authorities from other countries - members of the European Union, in order to realize their authority in the field of public control of statutory auditors. The Commission is the competent authority for co-operation and for receiving and providing information to the competent authorities for public control of the auditors and the auditing companies in other countries - members of the European Union, and third countries. 3. Average numbers of staff for the year - 250 people An enterprise, whose activities are subject to public interest, forms an auditing Commission which performs When a request was received for the side of competent authorities of other countries - members of the European Union, the Commission immediately undertakes the 1. Balance-sheet value of the assets to December 31 - 84 million lv. /43million euro/ 100 ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Statutory Auditing required actions to collect the requested information. In the implementation of this action, the Commission was assisted by the Institute of Certified Public Accountants. If the Commission is unable to give the requested information, it immediately informs the respective competent authority form the other country - member of the European Union, who made the request, for the reasons for this. The requirement for professional discretion does not obstruct the exchange of confidential information between the Commission and the competent authorities from countries - members of the European Union. In cases when the Commission has reasonable suspensions, that on the territory of the other country - member of the European Union, activities are taking place which are in violation of the requirements of Directive 2006 /43/ EC of the European Parliament and of the European Council form 17th May 2006 in reference to the compulsory audit of the annual financial reports and the consolidated accounting reports, for the amendment of Directives 78/660/EEC _ 83/349/EEC of the European Council and the annulment of Directives 84/253/EEC of the European Council, it represents detailed information for this to the competent authority of the respective country - member of the European Union. When the Commission is notified by the competent authority of a country - member of the European Union, for violation of the requirements of Directive 2006/43/EC on the territory of Bulgaria, it undertakes the necessary measures and informs the appropriate competent authority of the county - member of the European Union, for the results. The Commission undertakes investigation on the request of the respective competent authority of another country member of the European Union. In this case it can allow representatives of the competent authority of the country member of the European Union, to participate as observers in the investigation, when such a request is made, but the overall investigation is under the control of the Commission. The Commission can request an investigation to be conducted by a competent authority of another country - member of the European Union, on the territory of this country, and also to request the Commission’s members to participate in the investigation as observers. The Commission can refuse to give information for the conduct of investigation or to let the participation of observers when: 1. Conducting investigation and supplying information can affect the sovereignty, national security or social order of Bulgaria ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 2. A legal proceedings have been made by the legal authorities in Bulgaria in connection with the activities and against the auditors, for which co-operation has been requested 3. At hand is an effective judicial decision in Bulgaria in connection to the activities and auditors, for which cooperation has been requested In the case when independent audit has been carried out on the consolidated financial reports of a local enterprise, the auditor undertaking the audit on the associated company, established in another country - member of the European Union, does not require additional specifications in connection with the independent audit concerning registration, quality control, standards of audit, professional ethics and independence. In the case of independent audit of an enterprise headquartered in another country - member of the European Union, whose securities are traded on the Bulgarian regulated market, there are no additional specifications required in connection to the independent financial audit concerning registration, quality control and assurance, standards of audit, professional ethics and independence of the statutory auditor, who is undertaking the independent financial audit of this enterprise. The Commission can approve the supply of work documentation connected to the independent financial audit, or of other documents, kept by the statutory auditors, to the competent authorities form a third country on condition, that in the Law of independent financial audit the work and other documents are connected to the independent financial audit of enterprises, which have issued securities in this third country, or when the enterprises are part of a group, which prepares the consolidated financial reports in the third country. The supply of documentation is made through the Commission of public control of statutory auditors to the competent authorities of this third country and on their request. The competent authorities of the third country satisfy conditions, declared as adequate by the European Commission in accordance with the procedure, provided in article 48 of Directive 2006 /43/EO. Available are effective agreements on the basis of reciprocity, agreed between the Commission of public control of statutory auditors and the competent authorities of the third country. The supply of documentation is made in compliance with the requirements of the Bulgarian legislation for personal data protection. 101 The International and the Cyprus Economy Economic Bulletin THE BANK OF CYPRUS GROUP PLANNING AND RESEARCH DIVISION PUBLICATION, 14th ISSUE, DECEMBER 2008 INTERNATIONAL ECONOMY The world economy suffered successive shocks within 2008, with the international financial and investment climate deteriorating fiercely, mainly over the second half of the year. What triggered the world financial crisis was undoubtedly the collapse of the sub-prime loan market in the United States of America in August 2007. However, since then, the international financial turbulence exacerbated far beyond initial estimates, and entered anew, in September 2008, a phase of brisk aggravation in all economic parameters across the globe. Within the first six months of 2008, the world economy was faced with forceful inflationary pressures, stemming from leaping oil prices and rapidly rising prices of certain commodities. Furthermore, the mounting financial woes of major American enterprises and the subsequent collapse of Lehman Brothers, dealt a severe blow to investor confidence. This vicious circle of bank defaults, which in essence wipe out savings of many years and result in impaired balance sheets, led in turn to pessimistic corporate profitability outlooks and resulted in mass stock liquidations and plunging of all major bourses around the world. The unfortunate simultaneous occurrence of all the abovementioned adverse economic events, touched upon every single economy in the world while projections for world economic growth by international organizations have been successively revised downwards. According to the International Monetary Fund’s (IMF) World Economic Update (November 2008) the world economy was expected to have grown in 2008 by 3,7%, while for 2009 a slowdown was projected to 2,2%. It should be noted that the IMF (as well as the European Commission), issued another set of forecasts in January 2009, amidst a reinforced global economic downturn since the last quarter of 2008. Therefore, based on the latest forecasts by the IMF for 2008 as a whole, world growth is expected to have slowed to 3,3%, while for 2009 it is expected to shrink to 0,5%. Based on IMF’s projections (in January 2009, which were twice revised from the initial projections in October 2008, due to the rapidly deteriorating environment) the United States of America (USA), are expected to have recorded a rate of growth of 1,1% for the whole of 2008. US GDP growth for 2009 is projected at -1,6%. It is projected that a 102 severe slowdown will be observed in countries of the euro area, whereby rates of economic growth are expected to have reached 1,0% for the whole of 2008, while for 2009 the eurozone economy is expected to contract by -2,0%. China, which continued its impressive economic path, registering GDP growth of 9,0% for 2008, has nevertheless experienced a slowdown (since GDP growth for 2007 was at 13,0%). India and Russia were still among fast growing economies, recording growth of 7,3% and 6,2%, respectively, in 2008. However, both of these countries also experienced a slowdown in growth within 2008, expected to worsen severely in 2009. CYPRUS ECONOMY Based on the latest available national accounts of the Republic of Cyprus, the GDP growth rate for the whole of 2008 is estimated to have reached 3,7% (from 4,4% in 2007), exhibiting signs of a slowdown. Within 2008, the Harmonised Index of Consumer Prices rose by 4,4% as compared to 2,2% for the whole of 2007. It should be noted that despite of the sharp rise in fuel and food prices over the first six months of the year, during the second half of 2008 inflationary pressures faded out to a great extent, since oil prices embarked on a rapid downturn. More specifically, it should be noted that in December 2008 the Harmonised Index of Consumer Prices exhibited a rise by just 1,8%, compared to 3,7% in December 2007 and 3,1% in November 2008. The Consumer Price Index for the period January December 2008 marked a notable increase, rising to 4,7%, compared with a rate of inflation of 2,4% in 2007. The rate of increase of the Consumer Price Index in December 2008 was down to 2,1%, compared to a rate of inflation of 3,4% in November 2008 and 3,9% in December 2007. The average number of unemployed persons for the whole of 2008 exhibited a drop by 4,0%, since from 12.017 unemployed persons in 2007, it was contained to 11.541 unemployed persons in 2008. By the end of 2008 the unemployment rate was at 4,0%. It should be pointed out that in direct contrast to the levels of inflation, unemployment was sustained at low levels during the first half of 2008, whereas exhibiting a rising tendency during the second half, amidst exacerbated world economic ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 The International and the Cyprus Economy conditions, which touched upon the domestic economy. More specifically, the number of registered unemployed persons at the end of December 2008 rose to 14.169 persons, compared to 12.073 persons in November 2008, a rise mainly attributed to the public administration sector and the hotel and restaurant, and manufacturing sectors. The fiscal balance is expected to have resulted by the end of 2008 in a lower surplus (approximately 1% of GDP), compared to a surplus of 3,5% for 2007 (from a deficit of -1,2% at the end of 2006). At the same time, the public debt is projected to have shrunk further by the end of 2008 to 49,5% of GDP, compared to 59,5% of GDP in 2007. Tourist arrivals retreated slightly in 2008 by 0,5% compared to 2007. For the period from January December 2008 tourist arrivals in absolute numbers were at 2.403.750 compared to 2.416.081 over the corresponding period of 2007. Over the period from January - December 2008, income from tourism is estimated at _1.792,8 million compared to _1.858,1 million for the corresponding period of 2007, marking a decline of 3,5%. OUTLOOK Short-to-medium term prospects of the Cyprus economy, as for the world economy, do not appear favourable. According to the latest projections by the Cyprus Ministry of Economics and Finance on the main economic indicators in 2009, the Cyprus economy is expected to attain an economic growth rate of 2,1% for 2009. In the labour market front, unemployment is expected to rise to 4,5% in 2009 (compared to an initial projection in the state budget of 4,1%). The fiscal balance is expected to result in a deficit by the end of 2009 of 0,8% of GDP (despite the initial projection in the state budget for a surplus of 0,7% of GDP). It should be noted that based on the projections that have been published by the European Commission in January 2009, the outlook for the Cyprus economy appears even gloomier. The island’s rate of economic growth for 2009 is projected to shrink to 1,1%, while unemployment is set to rise to 5,1%. Harmonised CPI inflation is projected at 2% by the end of 2009, while the fiscal balance is to result in a deficit of 0,6% of GDP and the public debt is to further shrink to 46,7% of GDP. MAIN ECONOMIC INDICATORS G.D.P. (real rate of growth - %) Unemployment (%) Inflation (Consumer Price Index - %) Harmonised Index of Consumer Prices - % Fiscal Balance (% of GDP) Public debt (% of GDP) Repo rate* (31 Dec.-%) Euro exchange Rates (annual average) m/US$ m/GBP£ 2005 2006 2007 20081 3,9 5,3 2,6 2,0 -2,4 69,1 4,25 4,0 4,5 2,5 2,2 -1,2 64,8 4,25 4,4 3,9 2,4 2,2 +3,3 59,8 4,00 3,7 4,0 4,7 4,4 +1,0 49,5 3,00** 1,2441 0,6838 1,2556 0,6817 1,3705 0,6843 1,4708 0,7963 1: projection * As of 1st September 2006, the main refinancing operations rate (repo) replaced the marginal lending facility rate (Lombard) for the purpose of pricing local currency bank loans. It is also noted that as of 1st January 2008, Cyprus joined the eurozone and therefore, interest rates shall be set by the European Central Bank. **ECB marginal lending facility Source of statistical data for Cyprus’ economy: Ministry of Finance, Central Bank of Cyprus & Statistical Service Group Planning and Research Division Bank of Cyprus, 51 Stasinos Str., Ayia Paraskevi P.O. Box 21472, CY - 1599 Nicosia, tel. 22.12.23.00 Edited by Elena Triantafyllou The content of the current publication is solely for information purposes and in no way does it intend to influence or encourage specific actions. Furthermore, its contents are by no means binding for the Bank of Cyprus Group. ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 105 Audit File Reviews Audit File Review By Michael Scott, Director in PLC Limited PCP Limited are a training company who provide training services to firms of accountants around the world. One of the most common services they provide to firms is that of audit file reviews. In this article, Michael Scott, Director in PCP Limited talks about common issues which arise on these file reviews and key areas to make sure you have addressed on your audit files for small companies. The two most common issues arising are almost always inadequate audit planning and lack of recording of audit evidence. The following is not meant to be an exhaustive list but includes many of the points which typically arise. ENGAGEMENT LETTER ñ There must be a signed letter of engagement in place. ñ The letter should be reviewed annually and should accurately reflect the services being provided to the client. with directors and inclusion in representation letter. ASSESSMENT OF ACCOUNTING SYSTEM ñ There should be an adequate record of the client’s accounting system. This should always include as a minimum income, purchases and payroll. The notes should cover all income sources following the transaction from when they start (the order for example) to when reflected in the accounts. ñ An evaluation of the system should be performed to establish if reliance can be placed on the system. ñ If reliance can not be placed on the system there should be notes to demonstrate what alternative audit tests will be necessary to provide a proper level of audit assurance in these areas. INTERNAL CONTROLS ñ Irrespective of the size of the company, the internal UNDERSTANDING OF BUSINESS The permanent file should contain sufficient background information on the client to satisfy ISA 315. In particular there should always as a minimum be notes on: ñ The history of the business. ñ The nature of the business. ñ Goals of the business. ñ Key client personnel. ñ Major customers and suppliers. ñ The accounting system. ñ The internal controls. ñ Details of related parties. ñ Money laundering considerations. LAWS AND REGULATIONS ñ To comply with ISA 250 there should be a record on file of laws and regulations that are central to the operation of the business. This is often missing. ñ Where there are laws and regulations that are central to the business, audit procedures should be designed and completed to identify any instances of non compliance e.g. review of source documents, legal letter, discussions 106 controls must be documented. This is a mandatory requirement, but many firms incorrectly believe that it is not required for a small company. ñ The design and implementation of the internal controls must be considered and this can’t just be done by discussions with the directors. In many cases a walk through test will be the most appropriate way to satisfy this requirement. INDEPENDENCE The major issues to consider are outlined in IFAC Code of Ethics and include: ñ Self Review threat e.g. where the firm is also involved in non audit services e.g. preparation of accounts, tax planning etc. ñ Self Interest threat e.g. where the bulk of referrals to the firm are coming from one source (perhaps a law firm). Another scenario is where a partner or employee in the firm is also a director in the company. ñ Familiarity threat e.g. where a family member is involved in the management of the company or from acting as the audit engagement partner for a long period. ñ It is important that any threats are identified before the ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Audit File Reviews audit commences and if the threat is surmountable, adequate safeguards must be in place. It is vital that these safeguards are put in place, frequently firms identify appropriate safeguards and then fail to implement them. year’s figures with last year’s figures, but more importantly to a comparison with expected figures. There should always be an adequate record of the reasons for any variations and this should be linked into any additional work necessary. RISK AND MATERIALITY FINAL ANALYTICAL REVIEW ñ A materiality calculation should always be performed. ñ A final analytical review should be performed if no Frequently we find that this is missing. ñ Some form of general risk and specific risk assessment should be performed. It is particularly important that they should be supported by adequate notes. Invariably firms just tick the boxes in a checklist. This does not constitute adequate appropriate audit evidence. ñ Both materiality and risk should be set at a reasonable level. preliminary analytical review was undertaken or if there were a large number of audit adjustments. In any event the working papers should always contain evidence to demonstrate that no errors have been found and the figures and movements are in line with expectations. DISCLOSURE REVIEW FRAUD AND ERROR ñ A review should always be undertaken to ensure that the ñ ISA 240 requires the auditor to consider the risk of fraud and error. In particular there is a presumption that completeness of income will be an area to consider, unless the auditor can demonstrate otherwise. It is very common for firms fail to address this area in sufficient detail. IDENTIFICATION OF KEY AREAS ñ The most important part of the planning process is to identify the key areas of the audit to say why they are key areas and illustrate clearly what work is going to be performed in each of these areas. In particular this should include tailoring the audit programme and devising additional tests if necessary. The completion of a planning memorandum can assist this process. ñ The planning should always be approved by the engagement partner before fieldwork commences. Frequently on our reviews there is little evidence of any involvement by the principals. ADEQUATE CONTROL PROCEDURES ñ The engagement partner should always carry out an adequate review of the work to demonstrate that suitable quality control procedures have been adopted. Often we find that there is little or no evidence of this taking place. ñ It is preferable that there is a formal written record of the points raised and the action taken to address the points raised. accounts comply with current legislation and professional standards. It is advisable to use a disclosure checklist for this purpose. The ACCA’s Monitoring and Supervision Department in particular place a lot of emphasis on the use of a disclosure checklist. POST BALANCE SHEET EVENTS ñ It is important to record exactly what work has been performed and not just to tick a standard checklist. The working papers must specify clearly what the scope and extent of the work performed was. Supporting notes should always be present. Frequently we find that there is a gap between the work being performed and the audit report being signed off. The review must cover the period right up to the date of sign off. GOING CONCERN ñ It is important for the auditor to provide positive confirmation on the working papers that the company is likely to continue as a going concern as required by ISA 570. Positive confirmation could include, for example, a review of bank facilities, a review of future prospects and order books, a review of key analytical review ratios and notes of discussions with management. It is particularly important in the current global climate that this area of the file is adequately documented. REPRESENTATION LETTER ñ A letter of representation should be obtained which PRELIMINARY ANALYTICAL REVIEW ñ Consideration should be given not just to comparing this ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 covers all the points upon which reliance has been placed. This should be dated either the same day or immediately before the audit report is signed off. 107 Audit File Reviews AUDIT EVIDENCE Use of Accountancy Work For audit evidence to be derived from the accountancy work, it is important that: ñ The information is relevant to one or more of the audit objectives; ñ The staff carrying out the audit work should understand which aspects of their work will be relied upon to provide audit evidence ñ The accountancy work is carried out by staff with relevant training, experience and proficiency; and ñ The work must be fully documented. It is not sufficient to just refer the work to the accountancy file. NON CURRENT ASSETS audit work performed on outstanding cheques and lodgements. ñ A bank confirmation letter should be obtained and should be properly reviewed. PAYABLES ñ Adequate work on completeness of trade payables must be performed e.g. ñ Supplier statement reconciliations. ñ Post year-end review of invoices and payments. ñ Cut off work. ñ Review of debit balances. ñ Frequently on our reviews we see firms agreeing year end payable balances to the payment after date. This will only help support the existence and validity of the balance and not its completeness. ñ Physical inspection should always be performed on a sample of fixed assets. ñ The sample should include additions and items brought forward from previous years. ñ A check on the ownership of any freehold land and buildings should be performed and documented. ñ The file should contain some assessment of why the auditor believes the carrying value of the property on the balance sheet is reasonable. INVENTORY AND WORK IN PROGRESS ñ If material the inventory count should always be attended unless other evidence can be obtained to support existence. ñ There should be procedures notes to outline what happened at the stock take. ñ Adequate work must be performed to verify the cost, existence and net realisable value of the inventory. ñ As for inventory, work must be performed to verify the cost, existence and valuation of work in progress. The validity of the work in progress should also be addressed. RECEIVABLES ñ The recoverability of receivables should be properly addressed. This normally is performed by agreement to post year- end cash receipts. ñ The work performed should be summarised and evaluated and there should be a link to the adequacy of the bad debts provision. ñ Cut off must be considered. CASH AT BANK ñ A bank reconciliation should be present with appropriate 108 INCOME STATEMENT ñ There are often inadequacies in the work carried out to help verify completeness of income. Tests should be performed from the stage before any invoice is raised (e.g. order documents, goods out notes etc) through to the invoice itself, then onto the sales figure in the nominal ledger and finally on to the post year-end cash received. Detailed analytical review should also be undertaken ñ If cash income is involved, till roll reconciliations and detailed analytical review should be performed. ñ Validity of expenditure should be considered and detailed analytical review performed. Frequently firms fail to perform these tests in any shape or form. ñ The accuracy of payroll costs should be assessed. AUDIT EVIDENCE AND AUDIT DOCUMENTATION ñ Without doubt the key weakness on the vast majority of files is the poor quality or lack of audit evidence documented on the file. It is imperative that audit work is recorded in an adequate manner. ISA 500 clearly indicates that the file must be capable of being reviewed by an experienced auditor with no connection with the job. This must be the benchmark for all your audit documentation. ñ Every substantive test performed should show clearly what the purpose of the test was, how the sample was chosen, which direction the test was performed in and the results. There should also be a summary and evaluation of the work and a conclusion to show that the audit evidence obtained was sufficient and appropriate. ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Board Processes and quality of decisions Board Processes and the Quality of Board Decision making Sometimes good boards of directors make bad decisions, but it’s difficult to understand why. By considering some theories in group decision making, it’s possible to glean a few solutions to the problem By Anthony Atkinson, CMA, FCMA, and Michael Atkinson (a) Students of group decision making have written extensively about what determines the quality of group decision making. Of particular interest are articles that explore the general theme of how or why a group of smart people can make terrible decisions - and, when confronted with overwhelming evidence that the decisions are bad, remain committed to such decisions. decisions. While the fiduciary rather than the strategic/social focus of the current approach to improved corporate governance has merit, there is considerable evidence to suggest that boards that fail to challenge and advise management effectively destroy more stockowner wealth than management fraud or corruption. WEAK BOARD OVERSIGHT This article considers how or why boards of directors sometimes make terrible decisions. Some commentators rely on variations of an incompetence argument to explain ineffectual board decision making; we will rule those out since there is considerable evidence to suggest that most board members are thoughtful, intelligent, and successful people. Instead, we look for other explanations for what are arguably bad board decisions. Most responses to governance failures have concentrated on specifying better structural inputs such as the composition and characteristics of boards of directors (the number, type, skills, number of meetings, director independence). In addition, they have promoted increased attention to systems of internal control in general and financial reporting in particular. INATTENTIVE OR COMPROMISED BOARDS Frauds and alleged frauds such as Enron, WorldCom, Global Crossing, Livent, Hollinger International, Adelphia Communications, and Parmalat have attracted immense attention in the financial press, which in turn have called into question the effectiveness of corporate boards. A common explanation for these failures has been executive greed, combined with a lack of board independence or board inattentiveness. Regulators appear to have accepted these explanations and have promoted requirements for more independent boards, and that senior management accept personal responsibility for their organizations’ financial statements and systems of internal control. We believe that prescriptions that focus on inputs to, rather than outputs from, the governance process are demonstrably ineffective because they fundamentally ignore that governance is conducted as a social process of group interchange and influence. In this article, we consider the sources of weak board oversight resulting in failures to question bad executive ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 “Shaping good conduct,” by Atkinson and Salterio (CMA Management, February 2002, pp. 19-23), concluded that the preoccupation of regulators and lawmakers with specifying inputs to the corporate governance process - the socially interactive ways in which governance practices and objectives are undertaken - is an incomplete and potentially less effective approach than one focusing on corporate governance objectives, designing Board social systems to achieve those objectives, and measuring performance on those objectives. A stinging article in The Toronto Star (“Directors missing in action,” December 9, 2001) argued that while Nortel’s board met most of the extant suggestions for the composition of a board, the board was, by any standard, ineffective. Ostensibly, Nortel’s board was a model of good corporate governance. It was small - just 10 directors and, therefore,efficient. It was not stacked with insiders- nonexecutive, or independent, directors filled eight of the seats. And thepositions of CEO and board chairmanwere 109 Board Processes and quality of decisions not held by the same person. The article went on to suggest that there was no evidence of independent thinking taking place on the board. Air Canada has attracted similar commentary. As Terence Corcoran noted in the Financial Post (May 22, 2003): Air Canada’s board is a model of independence. But guess what? It is nowconventional wisdom that the airline’s board, in bed with CEO Robert Milton, jointly and dubiously ran the airline into insolvency. Even the judge who’s presiding over the airline’s reorganization has raised doubts about the board. While some may attribute these observations to spurious ex post facto reasoning, we believe that they, at the very least, suggest that while inputs to the board process such as skill, knowledge, and independence may be necessary they aren’t sufficient to assure, let alone promote, an effective board. What is missing, we believe, is consideration of the structure and nature of board processes. Gloria Stromber, a former commissioner of the Ontario Securities Commission, in her submission to the CICA/TSX Joint Committee on Corporate Governance, observed: “I suggest that the Joint Committee take a closer look at the whole subject of behavioural dynamics ... and on techniques and approaches to encourage more effective nvolvement.” We agree with Stromber, who has been further quoted as saying that there has been too much emphasis placed on defining the logistical structure of corporate governance and not enough emphasis on evaluating either the process or results of Board activities. individuals to suspend better judgment to maintain group cohesion and conformity. Social psychologists and psychologists have identified ways that group processes can inhibit each of the four elements Surowiecki has argued are essential for effective group decision making. DIVERSE OPINION The requirement isn’t only that boards be populated with people who are likely to have diverse opinions but that board processes actively promote the expression of diverse opinions. Common inhibitors to the expression of diverse opinions are statements like: “I am sure we are all on the same page,” “We all need to be onside on this issue,” or “Any thinking person will agree with this point of view.” These statements are a form of social pressure to conform to group norms and beliefs and are often expressed to force convergence to a conventional point of view when an organization is under stress - a time when diverse opinions are potentially the most valuable. Group members who legitimately question a group’s direction are often labelled disruptive and are silenced by one institutional means or another. As a result, experts embedded in larger groups may have difficulty finding a common language to communicate their insights and skills, negating the potential contribution of expert knowledge. Studies of groups have observed that members undergo a process of socialization by which they learn group norms and expected behaviours communicated by central figures (such as board Chairs) in the collective. Certain leadership styles lead to socialization processes that, instead of promoting a thorough debate of issues, breed acquiescence by group members. GROUP PROCESSES AND DECISION MAKING James Surowiecki, author of The Wisdom of Crowds (Random House, 2004), outlines a number of conditions necessary to establish a wise group. These conditions include: diverse opinion, independent opinion, the ability of group members to develop and use task-specific individual knowledge in contributing to decision making, and the ability of the group to aggregate individual knowledge and judgment into a group decision. One of the major focus areas for social psychologists is the way in which groups collectively decide on particular courses of joint action, and how in the process, individual judgment regarding effective or ethical action may be altered. Stated differently, social psychologists concern themselves with how a group may convince particular 110 Social loafing is a motivational/cognitive state in which an individual sees little merit in working within a group despite being one of its members. Research suggests that loafing results when group members are relative strangers, meet infrequently, and share few social bonds. Contemporary boards of directors, by their design intended to ensure a diverse group with diverse opinions, are prime social contexts for loafing. Indeed, the movement toward independence may only exacerbate loafing conditions on boards. When social loafing is left unchecked and becomes standard operational procedure in a Board culture, it may lead to a social psychological condition called herding. Herding involves the coalescing of group ideologies and practices around those of one central figure or small cluster ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 Board Processes and quality of decisions of charismatic figures. Social groups beset with herding include members best described as sheeple; those who accept dominant lines of thinking without criticism or reflection, and view more utility in maintaining the status quo than upsetting the proverbial apple cart. Although extensive loafing in a group isn’t a prerequisite of herding behaviour, excessive loafing is indeed a strong predictor of the development of sheeple cognitive states and social practices within a group. The sheeple phenomenon may be one characteristic of boards that observers characterize as inattentive or failing to challenge important management strategies or decisions. INDEPENDENT OPINION While regulators and commentators have commented on the importance of board members being independent of senior management, there has been little discussion of the importance of board members acting independently which, as we have just argued, the practice of constructing diverse boards without regard to appropriately managing board processes may work against. Students of board decision-making behaviour appear to have documented two major obstacles to the exercise of independent opinion. The first is the failure to develop and use board processes that effectively exploit board members’ diverse opinions and skills, and the behaviour of individuals in general when under stress. Behavioural theories in social psychology suggest that unless properly managed, groups of experts may encounter serious impediments in exercising their skills in evaluating and advising management. The antithesis of independent group thinking is a phenomenon known as groupthink - a situation in which group members adjust their individual opinions to what they perceive as the group consensus. This often results in a situation in which the group ultimately agrees on an action that each member might individually consider unwarranted, irresponsible, unethical, or irrational. Indeed, there is more than ample evidence to suggest that boards of directors, at least historically, have been rife with groupthink tendencies. When groupthink manifests into board of directors culture, there is a marked reluctance to change, innovation, and self-examination among directors. Collaboration is a way to get everyone involved by assigning each member unique tasks and responsibilities. It is a way for group members to share diverse knowledge, and assess the tasks to be fulfilled unfailingly. Content recognizes the centrality of the individuals’ specific tasks ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009 within the group decision-making process. If group members envision their roles as contributing to the completion of a worthy task, then they are more likely to attribute their work efforts to their sense of self and participate with more frequency and quality. Choice provides group members with an opportunity to choose the task they wish to fulfill; in other words, it allows for individual agency within the group. Arbitrarily assigning roles in a group often causes complaints, disinterest, resistance, and frustration. Permitting members to choose their role stimulates teambuilding and co-operative work. Psychologists have studied extensively the bases of the tendency of people to conform to a conventional wisdom when under stress. They have coined terms such as irrational escalation of commitment (by some accounts, recently exhibited by the exuberant bidding for Dofasco) and the sunk cost phenomenon1 to describe widespread human behaviour. These behavioural tendencies along with the self-esteem issue of not wanting to be proven wrong tend to promote the suspension of individual opinion and choosing an existing course of action long after a more dispassionate observer would have called for change. This board tendency may be exacerbated by the common phenomenon of executive over exuberance which Dan Lovallo and Daniel Kahneman, in a July 2003 Harvard Business Review article (“Delusions of success: how optimism undermines executives’ decisions”), attributed to widespread human traits such as a tendency of individuals to: overestimate their talents, underestimate the risk associated with their decisions, and subconsciously bias processing information to support their current point of view. Some observers have argued that an effective way of promoting the independent expression of opinion is to formalize the devil’s advocate role in board considerations of proposed major management initiatives. The role of devil’s advocate depersonalizes the expression of a contradictory point of view, institutionalizes consideration of alternative points of view, and may encourage people who are otherwise hesitant to speak against a proposal that seems widely accepted. DEVELOPING AND USING INDIVIDUAL KNOWLEDGE It is important that individual board members are given the information they need to enhance the intellectual capital they bring to the board, while sustaining their individual 111 Board Processes and quality of decisions. perspective and opinion. The common practice of providing all group members with the same information package - usually centred on financial or accounting-based reports - doesn’t necessarily support this idea. Board members should be able to solicit and evaluate the type of information that they want, not what is dictated and directed by senior management. What remains a challenge, however, is developing an effective means to promote collaboration and solicitation of the views of the various experts that constitute the board. AGGREGATING INDIVIDUAL KNOWLEDGE AND BELIEFS Perhaps the most difficult challenge in organizing and managing board processes is developing an effective means to solicit and discuss the knowledge, skills, and beliefs of individual board members. This is perhaps the most challenging role of the board Chair, since it means developing a common platform that promotes individual contributions to the group discussion and decision. Forcing board members to evaluate a proposed course of action by focusing on aggregate financial returns and risk may be the least effective way of soliciting board participation because it centres the discussion on an abstract language (accounting) that may be neither accessible to individual board members, nor possess the requisite variety of information to solicit contributions from individual board members. What may be more effective is a strategy map approach that lays out the logic of a proposed course of action so that board members can contribute their specialized skills and insights in a cause and effect model that is based on functions. CONCLUSIONS While the manipulation of board inputs through independence structures continues to receive considerable support in governance circles, sociologists and psychologists both agree that decisions are made interactively and interpretively as a process and not merely via a structure of inputs. Therefore, if governance experts continue to focus on the form of decision making over the content of the process, there is reason to believe that governance ‘meltdowns’ will continue. To move toward a more processsensitive culture of governance, three immediate considerations might be explored. First, Chairs could attempt to engender both task and relationoriented atmospheres in the boardroom. In short, most groups look to one or several leaders to set the tone for group interaction. By creating contexts wherein 112 individual members understand that they are responsible for contributing to group discussions and proposing amendments to management’s strategic directions (the task) and in which diverse knowledge bases are openly sought out and supported as part of the team perspective (relationship building), greater critical deliberation in boards should result. Second, speaking rituals must be created in the boardroom to create dialogue and interchange as habitual behaviour. Groups tend to fall into interaction habits, and unless these are recognized and disrupted they will continue. The literature on groupthink, herding, and the escalation of commitment teaches us this plainly. Careful attention, then, must be given to hearing from all board members at every meeting. This might be done by simply asking members to contribute a report or analysis at each meeting, offer a critical evaluation of other board members’ inputs, or suggest five reasons why management’s decision/direction might fail from their perspective as an expert. Third, and perhaps most consequentially, for members of groups to care about providing insight and performing with a high level of interest, their efforts must be socially and institutionally recognized. The analysis of loafing illustrates how, when members of a group feel ineffectual or without agency, they stop producing. To discourage loafing and encourage careful analytical work within the boardroom, members’ insights must be routinely inserted into strategic decisions and be presented with reaffirmation of their efforts by management. Stated differently, board members must be told they are actually doing a good job if we want them to continue performing the associated roles. We feel that while good governance tends to be a veritable black box within the extant literature, a series of very basic group tendencies and processes teach us how to cultivate better corporate governance in Canada and elsewhere. 1 The sunk cost phenomenon, also known as the Concorde fallacy, is the act of treating costs resulting from past decisions as relevant in a current decision. Some researchers believe that the sunk cost phenomenon is deeply ingrained in human behaviour and is rooted in evolution reflecting the need to conserve scarce resources by seeing a course of action through to its end. Some researchers believe they have seen the sunk cost phenomenon exhibited by birds. Kacelnik, A. and Marsh, B. (2002). “Cost can increase preference in starlings,” AnimalBehaviour, 63, 245250 and Anton D. Navarro and Edmund Fantino. (2005) “The Sunk Cost Effect in Pigeons and Humans,” Journal of the Experimental Analysis of Behavior. 83, 1-13. Anthony Atkinson, CMA, FCMA, is a professor in the School of Accountancy at the University of Waterloo and the Management Accounting Area head. Michael Atkinson is an asistant professor and undergraduate chair of the department of sociology at McMaster University. ACCOUNTANCY CYPRUS ñ VOLUME 94 ñ MARCH 2009