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Issue 35 | July-September 2016

10

ETHICS

Committee for Auditor Ethics (CFAE)

CFAE Releases Proposed Amendments to the IRBA Code of

Professional Conduct for Registered Auditors – Responding

to Non-Compliance with Laws and Regulations (NOCLAR)

On 14 July 2016, the International Ethics Standards Board for

Accountants (IESBA) released final amendments to the IESBA

Code of Ethics on Responding to Non-Compliance with Laws and

Regulations (NOCLAR).

These amendments set out a first-of-its-kind framework to guide

professional accountants in what actions to take, in the public

interest, when they become aware of a potential illegal act (NOCLAR),

which could have been committed by a client or employer.

Among other matters, the new standard provides a clear path for

auditors and other professional accountants to disclose potential

noncompliance situations to appropriate public authorities, in

certain situations, without being constrained by the ethical duty

of confidentiality. It also places a renewed responsibility on senior-

level accountants to promote a culture of compliance with laws

and regulations as well as prevent noncompliance within their

organisations.

The IRBA adopted Parts A and B of the IESBA Code of Ethics for

Professional Accountants. This was prescribed in 2010 as the Code

of Professional Conduct for Registered Auditors (the IRBA Code)

in South Africa, with certain additional national requirements. As

the IESBA’s final amendments to NOCLAR result in amendments

to Parts A and B, the CFAE will consider possible revisions to the

IRBA Code.

The CFAE sought comments on the following questions:

• Do registered auditors require clarification on the relationship

between the proposed Code amendments and the statutory

requirement contained in Section 45 Reportable Irregularities

(RIs) of the Auditing Profession Act, 2005 (Act 26 of 2005)?

• Are there other matters of clarification that you would like to

bring to the attention of the CFAE?

It is proposed that the amendments be effective on or after 15 July

2017.

Registered auditors and others were invited to submit any

comments regarding the proposed changes to the IRBA Code by

10 October 2016.

The proposed changes to the IRBA Code, being the final

amendments to the IESBA Code of Ethics, are available in PDF

format and may be downloaded from the

IRBA website.

A Board Notice will be published in the Government Gazette to

advise on the publication of the amendments to the IRBA Code,

pursuant to the provisions of Section 10(1)(a) of the Auditing

Profession Act, 2005 (Act No.26 of 2005).

The IFAC has made available resources relating to NOCLAR on its

dedicated

webpage.

IFAC Publication on Fee Pressure

In January 2016, IFAC released a staff publication, Ethical

Considerations Relating to Audit Fee Setting in the Context of

Downward Fee Pressure, as a response to stakeholder concerns

about downward pressure on fees being a factor potentially

adversely impacting audit quality. This publication highlights

important considerations in the Code of Ethics for Professional

Accountants (the Code) for auditors in relation to the setting of audit

fees. The publication is available on the

IESBA website.

Imran Vanker

Director Standards

Telephone: (087) 940-8838

Fax: (086) 575-6535

E-mail:

standards@irba.co.za