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Unit 6: Laws and Regulations in Audit



            6.   Non-compliance may involve acts designed to conceal it, such as ................; ..............;  Notes
                 ................; .................; ....................

            6.3 Laws and Regulations for Auditing Procedures

            Non-compliance means acts of omission or commission by the entity, either intentional or
            unintentional, which are contrary to the prevailing laws or regulations. Non-compliance does
            not include personal misconduct (unrelated to the business activities of the entity) by those
            charged with governance, management or employees of the entity.

            Auditor’s Duty

            Following are the Duties as per SA 250
            1.   Duty to understand the entities Environment and to obtain general understanding about:
                 (a)  The legal and regulatory framework applicable to the entity and the industry or
                     sector in which the entity operates; and
                 (b)  How the entity is complying with that framework?
            2.   Duty to obtain sufficient appropriate audit evidence: The auditor shall obtain sufficient
                 appropriate audit evidence regarding compliance with the provisions of those laws and
                 regulations generally recognized to have a direct effect on the determination of material
                 amounts and disclosures in the financial statements.
            3.   Duty to execute procedures: The auditor shall perform the following audit procedures to
                 help identify instances of non-compliance with other laws and regulations that may have
                 a material effect on the financial statements:
                 (a)  Inquiring of management and, where appropriate, those charged with governance,
                     as to whether the entity is in compliance with such laws and regulations; and
                 (b)  Inspecting correspondence, if any, with the relevant licensing or regulatory
                     authorities.
                 The auditor shall remain alert to the possibility that other audit procedures applied may
                 bring instances or suspected of non-compliance with laws and regulations to the auditor’s
                 attention.
            4.   Duty to get Representations by Management: The auditor shall request management and,
                 where appropriate, those charged with governance to provide written representations
                 that all known instances of non-compliance or suspected non-compliance with laws and
                 regulations whose effects should be considered when preparing financial statements have
                 been disclosed to the auditor.




               Notes Audit Procedures necessary to applied by the auditor when Non-compliance is
              identified or suspected are: (a) An understanding of the nature of the act and the
              circumstances in which it has occurred; and (b) Further information to evaluate the possible
              effect on the financial statements.
            If the auditor suspects there may be non-compliance, the auditor shall discuss the matter with
            management and, where appropriate, those charged with governance. If management or, as
            appropriate, those charged with governance do not provide sufficient information that supports
            that the entity is in compliance with laws and regulations and, in the auditor’s judgment, the




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