Saturday, 11 January 2020

Critical Audit Matters (CAMs)

Critical Audit Matters (CAMs)

The new requirement for auditors to report critical audit matters (CAMs) is the most significant change to the auditor’s report by the Public Company Accounting Oversight Board (PCAOB) in United States via its new standard AS 3101. The determination of CAMs is principles-based and depends on the facts and circumstances of each audit. To date, only a limited number of audits have been subject to the CAM requirements. The second effective date, which impacts audits of all other companies to which the requirements apply is for audits of fiscal years ending on or after December 15, 2020.

What is a CAM?
A CAM is any matter arising from the audit of a company’s financial statements that meets all of the following criteria:
  • A matter that was communicated or is required to be communicated to the audit committee;
  • A matter that relates to accounts or disclosures that are material to the financial statements; and
  • A matter that involved especially challenging, subjective, or complex auditor judgment.
A CAM may relate to a component of a material account or disclosure and does not necessarily have the need to correspond to the entire account or disclosure in the financial statements. A CAM can also be pervasive and relate to many accounts or disclosures. A matter that does not relate to a material account or disclosure cannot be a CAM.
The standard provides a list of factors for the auditor to take into account when determining whether a matter involved especially challenging, subjective, or complex auditor judgment. “Especially” is intended to convey that the matters are assessed on a relative basis within the specific audit and there could be multiple CAMs. CAMs are intended to enhance the auditor’s report to provide audit-specific information that is meaningful to investors and other financial statement users.

CAM Factors
The number of CAMs should be identified, audit by audit, based on the facts and circumstances of each audit. In determining whether a matter involved especially challenging, subjective, or complex auditor judgement, the auditor should take account, alone or in combination, the following factors, as well as other factors specific to the audit:
  • Risks of material misstatement, including significant risks
  • Degree of auditor judgement related to areas in the financial statements
  • Significant unusual transactions
  • Degree of auditor subjectivity in applying audit procedures
  • Nature and extent of audit effort required
  • Nature of audit evidence obtained
Most frequently communicated audit CAMs are Goodwill & Other Intangible Assets, Revenue Recognition, Taxes and Business Combinations.

Audit period covered by CAMs
CAMs are required for the audit of the current period financial statements only. The auditor shall communicate CAMs relating to a prior period. For instance:
  • The prior period’s financial statements are made public for the first time, such as in initial public offering, or
  • Issuing an auditor’s report on the prior period’s financial statements because the previously issued auditor’s report could no longer be relied upon.
Communication of CAMs
CAMs are drawn from matters required to be communicated to the audit committee even if not actually communicated and matters actually communicated even if not required. The standard does not exclude any required audit committee communications from the source of CAMs. When communicating CAMs in the auditor’s report, the auditor is required to include introductory language in the “Critical Audit Matters” section of the auditor’s report. For each CAM communicated in the auditor’s report, the auditor has to:
  • Identify the CAM
  • Mark out the principal considerations that led the auditor to determine that the matter is a CAM,
  • Report how the CAM was dealt in the audit, and
  • Take note of the relevant financial statement accounts or disclosures that relate to the CAM.
CAMs are intended to enhance the auditor’s report to provide audit-specific information that is meaningful to investors and other financial statement users.

Documentation of CAMs
An auditor must maintain proper documentation for each matter arising from the audit of the financial statements that was communicated or required to be communicated to the audit committee and relates to accounts or disclosures that are material to the financial statements. The auditor must document whether or not the matter was determined to be a critical audit matter and the basis for such determination.
The audit documentation should be in sufficient detail to enable an experienced auditor understand the determinations made to comply with the provisions of AS 3101:
For matters determined to be CAMs, the description in the auditor’s report will generally suffice as documentation and for matters determined not to be CAMs, the amount of documentation required could vary with the circumstances. A single sentence may suffice for some matters and other matters may require more extensive documentation.

Effective dates for CAM requirements
  • Audits of Large accelerated filers: For fiscal years ending on or after June 30, 2019.
  • Audits of all other companies to which the requirements apply: For fiscal years ending on or after December 15, 2020.
CAM requirements do not apply to the audits of:
Broker-dealers reporting under S-X Rule 17a-5
  • Investment companies, other than business development companies
  • Employee benefit plans
  • Emerging growth companies
Auditors of these entities may choose to report CAMs voluntarily.

Monday, 6 January 2020

Collaboration Agreement

A collaboration agreement is an agreement between 2 or more parties looking to work together on a commercial project on a collaborative or cooperative basis. It involves participation by at least two parties who agree to share resources, such as finances, knowledge, and people. The essence of collaboration is for all parties to mutually benefit from working together. Collaboration agreement illustrates certain terms and conditions (T&C) of the parties’ working relationship including the allocation of responsibilities and division of revenues derived from the exploitation of the work. The agreement is made among the involved parties.
It is generally done when two or more companies want to be in mutually beneficial business collaboration. Any collaboration agreement will include involvement of person taking part in the partnership, purpose of collaboration, authority, and representation from each party, joint decisions, primary representatives, staffing, funding, profits and proceeds, additional parties, termination, insurance, agreement extension, and finally acceptance. The parties involved in the collaboration must have an agreement with the things they have discussed as a part of their business dealings.
A collaboration agreement helps to avoid uncertainties with the collaborator down the line, by clarifying the nature and scope of the relationship. These agreements help to define the relationship between the collaborators and their respective responsibilities. It is important to have the collaboration agreement in writing, and to make sure that all the key issues are addressed in the agreement. It helps in reducing disputes as all the issues have to be dealt as per the terms of the agreement and in case of disagreement between collaborators it helps in resolving the issues.
General provisions
  • The agreement comes into force upon signing by both parties.
  • The agreement may be modified by mutual written consent of the parties. The agreement may be ceased by either party with one month’s notice, subject to the orderly conclusion of any continuing activities and the settlement of any outstanding obligations.
  • Any dispute relating to the execution or application of this agreement shall unless amicably settled be subject to conciliation. In the event of failure of the later, the dispute shall be settled by the arbitration.
Benefits of collaboration
The advantages of collaborative working are manifold and can have a big impact on the outcome of your projects. So, if you are looking to begin actively incorporating it into your management planning, here are some of the most important advantages you can be looking forward to:
  • Increased creativity and out-of-the-box thinking
  • More flexibility in project direction
  • Increased learning possibilities
  • Higher employee productivity
  • Greater geographical spread
  • Enhanced stakeholder relationships
Some key points to be included in the agreement:
  • Particulars of the product or services that the business will provide;
  • Inputs from each party;
  • Start date and duration of collaboration;
  • Termination arrangements;
  • Invoicing and payment of collaboration
  • Details and duration of the confidential information that must be protected; and
  • Post-termination restrictions of collaboration.
Related documents of Collaboration Agreement:
  • Business Referral Agreement
  • Consignment Agreement
  • Distribution Agreement
  • Introduction Agreement
  • Memorandum of Understanding
Collaboration in business benefit from the close trusting relationships between partners. Network strength creates profit among businesses that have created trust between them. Collaborative partnerships between businesses generate large amount of productivity and revenue when it is stable, bidirectional communication between parties. These collaborations develop into longstanding practices and relationships that can extend beyond the length of a single project.