1 Stella Fearnley Bournemouth University March 2014
Why global standards? Facilitate cross border business Reduce cost of raising capital Help large groups with foreign subsids Make international auditing more straightforward – comparing like with like Save cost 3
2002 US GAAP/IFRS plans for convergence (failed 2012) Strong US influence on IASB, different law in UK (Bush, 2006) Companies Acts EU required whole set of standards Big rush to meet 2005-took from US Other countries became interested 4
Who are these standard setters? Delaware Funding 20% B4 - B4 major beneficiary of global standards Limited accountability / independence IASB Dangling regulator Obsessed by global dominance Poor governance Standards predicated on US litigation defence regime – not independent 5
Did EU/UK plc and investors know what standards brought? Political decision influenced by experts Complexity (FRC, 2010; Beattie, Fearnley, Hines, 2008) Legal conflicts investors v IFRS/FRC re stewardship, prudence, true and fair (LAPFF 2013) IAS 39 mark to market & loan loss provisioning facilitated crisis 6
UK stewardship / decision usefulness accounting Accountability to shareholders for running business – can be voted out Capital and creditor protection Illegal trading when insolvent Illegal paying dividends out of capital Accounting protects directors True and fair & prudence needed Going concern 7
True and fair view Premise (US) in IFRS that compliance with standards produces T&F view Accounting must be neutral (no bias) What if IFRS produces dysfunctional outcomes? Expect T&F to kick in Not in compliance driven regime-UK 8
Prudence Imprudence /neutrality socially damaging (Page, 2008) IASB/US SEC - Prudence allows earnings management (EM) US Cookie Jars 1980s accounting (Hoogervorst 2012) Staying within rules litigation defence BUT T&F, prudence essential for UK capital / creditor protection & directors’ duties 9
Mark to market in IAS39 MTM only works in deep, stable and liquid markets B of E (Haldane, 2010) Major issue re derivative valuations and no real market, unrealised gains Some unrealised gains could be treated as distributable profits (EY,2005) False profits used for bonuses and divis 10
IFRS change from expected to incurred loss provisioning Expected loss includes inherent risk in loans / derivatives, general provisions Incurred loss provision only when event occurs justifying it. Credit explosion & sub-prime lending Understate provisions & overstate profits Where was true & fair and prudence in all this? And the auditors 11
IFRS encouraged short termism IASB denied accounting role in crisis Decision usefulness creates short termism Capital protection Free riders and public good 12
How to annoy their Lordships HOL criticised auditors over true and fair, loan losses and realisations Loan losses exposed (Bank of England, 2012, LAPFF 2012) It took Bank of England in 2012 to expose the overstatement of bank assets estimated at £50bn – not over yet 13
Motivations for Cover up B4 firms get rich from global standards Barriers to entry / complexity Makes life easier for largest companies Preparation cost for all the others But what if standards are poor quality? In EU maximum harmonisation regulation Everyone has to comply But too long to change and not just banks 14
Dangers of globalisation and global monopoly (IASB) Banks that are too big to fail are audited by firms that are too big to fail Some of the largest international companies are not only too big to fail but too big to manage and too big to regulate Very limited scope for international law or enforcement Get away with a lot in monopoly 15
Genesis monopolists The whole earth was of one language and one speech Let us build us a city and tower whose top may reach unto heaven and let us make us a name… They had brick for stone and slime they had for mortar.. Nothing will be restrained from them… then God confounded their language and scattered them 16
Co-op bank and mutuals Accountability to members – but 1 vote each Governance (Jenkins 2013) Regulators failed again No excuse for accounting and auditing PwC audited Britannia 2009 takeover Auditors there 30 years KPMG Kept quiet until mid year