National Financial Reporting Authority. Current Affairs ONLY.

Transcription

1 National Financial Reporting Authority Current Affairs ONLY

2 Page1 Index 1. Context Background Structure of the Authority Composition of the National Financial Reporting Authority (NFRA) Role of the National Financial Reporting Authority (NFRA) Jurisdiction Powers of the National Financial Reporting Authority (NFRA) Functions of the Authority Conclusion... 6

3 Page2 Context The Union Cabinet chaired by the Prime Minister Narendra Modi recently approved the proposal for establishment of National Financial Reporting Authority (NFRA) and creation of one post of Chairperson, three posts of full-time Members and one post of Secretary for NFRA. Background The concept and composition of the National Financial Reporting Authority (NFRA) was originally introduced by the Companies Act, The Union Cabinet has now approved the proposal for establishing the National Financial Reporting Authority (NFRA). Setting up NFRA was one of the key changes brought about by the Companies Act 2013 but its provisions were not notified for the last five years. However, the recent failure of auditors to spot the Rs12, 636 crore PNB fraud, allegedly perpetrated by the group firms of Nirav Modi and Mehul Choksi, seems to have prompted the government to approve the proposal. The need for establishing NFRA has arisen on account of the need felt across various jurisdictions in the world, in the wake of accounting scams, to establish independent regulators, independent from those it regulates, for enforcement of auditing standards and ensuring the quality of audits to strengthen the independence of audit firms, quality of audits and, therefore, enhance investor and public confidence in financial disclosures of companies. World over, auditors were policing themselves like in India. But the self-regulation ended in the US after Enron and in many countries after the Lehman crisis. In India the Institute of Chartered Accountants (ICAI) continued to insist on self-regulation until last week, when the NFRA was announced by the government. Structure of the Authority The Authority shall have thee Committees namely: -

4 Page3 Committee on Accounting Standards, Committee on Auditing Standards, Committee on Enforcement, Composition of the National Financial Reporting Authority (NFRA) The NFRA will consist of one Chairperson, three posts of full-time Members and one post of Secretary. The Chairperson of NFRA will be appointed by the Central Government from time to time and would be someone having expertise in accountancy, auditing, finance or law. The Chairperson and members of the NFRA are required to make a declaration to the Central Government regarding no conflict of interest or lack of independence in respect of his or their appointment. The Chairperson and members of the NFRA cannot be associated with any audit firm (including related consultancy firms) during the course of their appointment and two years after ceasing to hold such appointment. Role of the National Financial Reporting Authority (NFRA) The Companies Act, 2013 provides the following roles and responsibilities for the NFRA Make recommendations to the Central Government on the formulation and laying down of accounting and auditing policies and standards for adoption by companies or class of companies or their auditors, as the case may be. Monitor and enforce the compliance with accounting standards and auditing standards in such manner as may be prescribed. Oversee the quality of service of the professions associated with ensuring compliance with such standards, and suggest measures required for improvement in quality of service and such other related matters as may be prescribed. Jurisdiction The jurisdiction of NFRA for investigation of Chartered Accountants and their firms under section 132 of the Act would extend to listed companies and large unlisted public

5 Page4 companies, the thresholds for which shall be prescribed in the Rules. The Central Government can also refer such other entities for investigation where public interest would be involved. The inherent regulatory role of ICAI as provided for in the Chartered Accountants Act, 1949 shall continue in respect of its members in general and specifically with respect to audits pertaining to private limited companies, and public unlisted companies below the threshold limit to be notified in the rules. The Quality Review Board (QRB) will also continue quality audit in respect of private limited companies, public unlisted companies below prescribed threshold and also with respect to audit of those companies that may be delegated to QRB by NFRA. Further, ICAI shall continue to play its advisory role with respect to accounting and auditing standards and policies by making its recommendations to NFRA. The jurisdiction of NFRA for investigation of Chartered Accountants and their firms under section 132 of the Act would extend to listed companies and large unlisted public companies, the thresholds for which shall be prescribed in the Rules. The Central Government can also refer such other entities for investigation where public interest would be involved. The thresholds for large unlisted public companies under the jurisdiction of the NFRA has not yet been announced. However, as per the draft National Financial Reporting Authority rules, unlisted companies with net worth not less than Rs.500 crores or paid-up capital not less than Rs.500 crores or annual turnover not less than Rs.1,000 crores as on 31st March of immediately preceding financial year and companies having securities listed outside India will be under the jurisdiction of NFRA. Powers of the National Financial Reporting Authority (NFRA) The National Financial Reporting Authority has the following powers to execute its roles and responsibilities Power to investigate, either suo motu or on a reference made to it by the Central Government, for such class of bodies corporate or persons, in such manner as may be prescribed into the matters of professional or other misconduct committed by any member or firm of Chartered Accountants, registered under the Chartered Accountants Act, 1949.

6 Page5 Provided that no other institute or body shall initiate or continue any proceedings in such matters of misconduct where the National Financial Reporting Authority has initiated an investigation under this section. Imposing penalty of not less than one lakh rupees, but which may extend to five times of the fees received, in case of individuals. Imposing penalty of not less than ten lakh rupees, but which may extend to ten times of the fees received, in case of firms. Debarring the member or the firm from engaging himself or itself from practice as member of the Institute of Chartered Accountant of India for a minimum period of six months or for such higher period not exceeding ten years as may be decided by the National Financial Reporting Authority. The newly set up National Financial Reporting Authority (NFRA) is empowered to impose penalties on erring audit firms, The power to impose penalties on audit firms has been conferred on NFRA under the Companies Act 2013, It was also specified that the jurisdiction of NFRA for investigation of CAs and their firms would extend to all listed companies and large unlisted companies, the thresholds for which shall be prescribed in the rules. NFRA will have the power to investigate not only chartered accountants who audited a firm but also firms of chartered accountants and can impose a penalty of up to five times the fee received in case of misconduct by individuals and ten times the fees received in case of firms. It can also debar an auditor for up to ten years. Functions of the Authority Standard Setting: The Authority shall Receive recommendations from the Committee on Accounting Standards and Committee on Auditing Standards; Consider and review the recommendations; Give an opportunity of being heard to the Committee on any clarification that may be sought; Make amendments as may be required; Recommend the standards to the Central Government for being considered and notified. Monitoring, compliance review and overseeing quality of service: The Authority shall

7 Page6 Receive reports from the Committee on Accounting Standards and Committee on Auditing Standards; Approve the report to be issued on the investigated companies or their branches; Forward reports to the Committee on Enforcement for further action, if required, along with its recommendations. Enforcement: The Authority may Receive any reference from the Central Government for investigation; Receive, consider and decide upon any recommendation from the Member Accounting and Member Auditing for any investigation to be carried out based on the monitoring and compliance review or investigation of auditor or audit firm undertaken by them; Suo motu determine any investigation to be undertaken by the Authority; Forward such requirements to the Committee on Enforcement; Receive the final investigation report from the Committee on Enforcement on matters referred to them whether arising out of the Quality Review process or based on investigation requests made to the Committee on Enforcement; Issue a notice in writing to the company or its branch investigated or the Professional on whom action is proposed to be taken; Provide the opportunity of being heard to the company or its branch 6 investigated or the professional concerned; Accept or overrule, in writing, clarifications received and objections raised; Take suitable action or pass orders imposing penalty or debarring the Professional or firm concerned. Conclusion The decision is expected to result in improved foreign/domestic investments, enhancement of economic growth, supporting the globalisation of business by meeting international practices, and assist in further development of audit profession

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