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1.
Minh Anh is an enterprise that wants to borrow capital at VPP
Bank. One of the conditions for VPP to approve the VND 50 billion loan is that Minh Anh's financial statements must be audited by an independent auditing firm. Minh Anh signed an audit contract with VAA Auditing Company and requested VAA to send the audit report to VPP Bank. The VAA has assigned auditor An to take charge of this audit. After conducting the audit, the VAA issued the audit report with unqualified opinion. Based on loan documents and financial statements audited by VAA, VPP Bank approved and disbursed a loan of VND 50 billion to Minh Anh. However, 6 months later, Minh Anh encountered financial difficulties and was unable to pay the principal and interest of the loan to VPP Bank. At the same time, VPP Bank discovered that most of the fixed assets used as collateral for the loan had been overstated by Minh Anh. These errors were not detected by auditor An and presented in the audit report. As a result, VPP Bank sued VAA and auditor An. Required: In the above situation, are auditors An and VAA auditing firm responsible for legal liability? Explain why. What should An and VAA do to defend this lawsuit? Answer: In this case, Minh Anh signed an audit contract with VAA Auditing Company and requested VAA to send the audit report to VPP Bank to borrow capital at VPP; thus auditor An knew that VPP Bank was foreseen user who would rely on an audited financial statement by VAA. However, when auditing, auditor An did not detect that most fixed assets of Minh Anh had been overstated (Fixed assets are an important item when borrowing capital because it is used as collateral), and therefore the VPP issued wrong audit opinions. The issuance of the wrong audit opinion has affected VPP Bank's decision to lend capital and has led to the fact that VPP may not be able to recover both the principal and interest of the loan from Minh Anh, and this is the reason auditor An and VAA auditing firm is liable to third party under common law. To defend this lawsuit, An and VAA can use nonnegligent performance: VAA Auditing Company claims that the audit was performed in accordance with auditing standards. Auditing standards make it clear that an audit is subject to limitations cannot be relied on for complete assurance that all misstatements will be found.
2. UYY Auditing Company provides financial statement audit
services to its client - BTC Company for the financial year ended 31.12.2022. Although UYY has carried out the audit in accordance with the audit contract signed between the two parties and has issued the audit report in March 2023, however, by September 2023, BTC still owes 50% of UYY's audit fees. The BTC proposes to continue to hire UYY to conduct audits for the upcoming years, provided that UYY continues to owe 50% of the above audit fees until 31.12.2023, and requests UYY to reduce audit fees by 30% for the upcoming years. Required: In this situation, if UYY accepts the BTC's offer, what ethical risks (or threats) will UYY face? Explain why? Answer: In this case, if UYY Auditing Company accepts the BTC’s offer, UYY will face with self-interest threat. Explanation: BTC still owes 50% of UYY's audit fees and requests UYY to reduce audit fees by 30% for the upcoming years. This leads to the possibility of being threatened with non-payment of debt if the audit fee is not reduced by 30% and this can create undue influence. Therefore, UYY can prioritize its own financial interests (the payment of client) over its professional obligations and it lead to self-interest threat.
3. For each of the following independent situations, based on the
provisions of Vietnam's current standards of auditing ethics, please identify and explain the risks (threats) that lead to violations of audit ethical principles? a. VTC is a listed company and a regular customer of VAA Auditing Company. It is known that audit fees collected from audit contracts for VTC account for 10% of VAA's total revenue. Answer: In this situation, the threat that lead to violations of the audit ethical principle is self- interest. Explanation: Audit fees collected from VTC accounted for 10% of the total revenue of VAA, it is a large proportion when auditing for a listed company and if VAA loses this customer, it will have a negative impact on VAA's financial situation. Therefore, customers can rely on this to threaten VAA to comply with their requests and lead to undue influence on VAA. It makes VAA be dependance on VTC and concerned about losing this client and consequently creating self-interest threat.
b. ABC Auditing Company provides financial statement audit
services for Minh Long Company after finishing consulting services to develop accounting information systems for this client. Minh Long is a company listed on the stock exchange. Answer: In this situation, the threat that lead to violations of the audit ethical principle is self-review. Explanation: ABC Auditing Company provides consulting services for Minh Long Company before conducting auditing service, this leads to ABC can criticize its own work end decisions and consequently creating self-review.
c. CPA Thang Long provides financial statement audit services for
M2M Company. During the audited fiscal year, M2M was sued by customers for trade frauds related to the origin of goods that M2M imported for sale. CPA Thang Long pledged to provide legal support to M2M in court on import records of shipments related to the lawsuit. If M2M wins the case, CPA Thang Long will continue to audit M2M in the coming years, and will receive a commission of 20% of the audit fee for the next fiscal year. Answer: In this situation, the threat that lead to violations of the audit ethical principle is and advocacy and self-interest. Explanation: - CPA Thang Long pledged to provide legal support to M2M in court; it can create advocacy threat because CPA Thang Long promotes M2M’s position. By this way, CPA Thang Long can compromise its independence and objectivity. - If M2M wins the case, CPA Thang Long will continue to audit M2M in the coming years; it can create self-interest threat because M2M can give opinions that are beneficial to the client in order to continue to audit M2M in the coming years and receive commission of 20% audit fee for the next fiscal year.
d. The audit team of ABC auditing firm receives gifts of 40%
discount coupon to buy electric vehicles of Vin E and product warranty benefits during the time ABC provides audit services to Vin E. Vin E operates in the field of manufacturing and selling electric vehicles in Vietnam. Answer: In this situation, the threat that lead to violations of the audit ethical principle is familiarity. Explanaion: The audit team of ABC Auditing Firm receives gifts of 40% discount coupons to buy electric vehicles from Vin E and product warranty benefits. This creates a familiarity threat, as due to the gifts received the audit team may develop a close relationship with Vin E, and when conducted audit, the auditor may be influenced by the relationship with Vin E, this leads to compromise in its dependence and objectivity. e. Auditor An is responsible for the audits. Leaders of VAI auditing firms often require An to agree to situations where clients handle inappropriate accounting operations. The leader of VAI Auditing Company also told An that if An had serious disagreements with the client's leadership, VAI would lose the audit contracts. Answer: In this situation, the threat that lead to violations of the audit ethical principle is intimidation. Explanation: Leaders of VAI auditing firms often require An agree inappropriate accounting operations. They also threaten that if Auditor An had disagreement with them, the firm will lose the audit contracts. This can create intimidation threat because auditor An may feel obligated to comply with the request of VAI to maintain the audit contract.
ASEAN Corporate Governance Scorecard Country Reports and Assessments 2015: Joint Initiative of the ASEAN Capital Markets Forum and the Asian Development Bank