Izveštaji o poštovanju standarda i kodeksa (ROSC)

Izveštaji o poštovanju standarda i kodeksa (ROSC)
SRBIJA Frederik Gilen vodeći stručnjak za finansijski menadžment u regionu Evrope i Centralne Azije SVETSKA BANKA

Potreba za pojačanom međunarodnom finansijskom arhitekturom
ROSC - SRBIJA ISTORIJAT: Potreba za pojačanom međunarodnom finansijskom arhitekturom 1990-te – nastanak krize na tržištu i efekti zaraze Istočna Azija (Tajland) Filipini Malezija Hong Kong Indonezija Tajvan Južna Koreja

Pomeranje sa bivšeg post-kriznog rešenja Bivša pretkrizna prevencija
ROSC - SRBIJA ISTORIJAT: Potreba za pojačanom međunarodnom finansijskom arhitekturom Pomeranje sa bivšeg post-kriznog rešenja Bivša pretkrizna prevencija

ROSC - SRBIJA ISTORIJAT: Poreklo programa ROSC Izveštaji G-22: fokusiranje na sprečavanje krize Transparentnost i odgovornost (doveli do programa ROSC) Jačanje nacionalnih finansijskih sistema Vladine garancije privatnom sektoru

Program ROSC : obuhvata 12 osnovnih standarda
ROSC - SRBIJA Program ROSC : obuhvata 12 osnovnih standarda Nesolventnost & prava poverioca Korporativno upravljanje Nadzor osiguranja Nadzor bankarskog poslovanja Regulacija hartija od vrednosti Računovodstvo & revizija

Važnost visokokvalitetnog računovodstva i revizije
ROSC - SRBIJA Važnost visokokvalitetnog računovodstva i revizije PRIVREDNI RAST Razvoj tržišta kapitala Otvaranje radnih mesta Poboljšan pristup kreditu Računovodstvo i revizija Razvoj finansijskog sektora Rast privatnog sektora As work on the economics of information—the role of information in a well-functioning economy—demonstrates, enhancing the reliability and availability of financial reporting is conducive to economic growth and mitigating the risk of financial system instability. Finansijska informacija Finansijska stabilnost

R&R ROSC: Procena kvaliteta R&R okvira
ROSC - SRBIJA R&R ROSC: Procena kvaliteta R&R okvira Procena potvrđena činjenicama Ekonomski kontekst Zapažanja Pravni & institucionalni okvir Računovodstvo u praksi Revizija u praksi NALAZI Preporuke

R&R ROSC: Procena kvaliteta R&R okvira
ROSC - SRBIJA R&R ROSC: Procena kvaliteta R&R okvira Kriterijumi: Međunarodni standardi finansijskog izveštavanja Međunarodni standardi revizije The relevance of the acquis communautaire for Serbia is twofold. First, and perhaps most importantly, because it represents a high-quality model for the regulation of accounting and auditing, which may be applied to countries of differing characteristics. Second, the adoption of the acquis communautaire, as it pertains to accounting and auditing, would be instrumental to further Serbia’s keen interest in deepening economic association with the EU. Pravne tekovine Dobra međunarodna praksa

R&R ROSC: Globalna pokrivenost
ROSC - SRBIJA R&R ROSC: Globalna pokrivenost Evropa i Centralna Azija Istočna Azija Bliski istok i Severna Afrika Južna Azija Latinska Amerika i Karibi Afrika

R&R ROSC: u Evropi i Centralnoj Aziji (5. avgusta 2005.)
ROSC - SRBIJA R&R ROSC: u Evropi i Centralnoj Aziji (5. avgusta 2005.)

Slučaj Srbije: Ekonomski ciljevi
ROSC - SRBIJA Slučaj Srbije: Ekonomski ciljevi Promovisati: Izbegavati: - Pristup kreditu, naročito za MSP - Razvoj tržišta kapitala - Razvoj privatnog sektora - Integracija Evropske unije

Razvoj tržišta kapitala
ROSC - SRBIJA Kako R&R može biti od pomoći? PRIVREDNI RAST Razvoj tržišta kapitala Otvaranje radnih mesta Poboljšan pristup kreditu Računovodstvo i revizija Rast privatnog sektora Razvoj finansijskog sektora Finansijska stabilnost

ROSC je prvi korak u procesu reformi
ROSC - SRBIJA ROSC je prvi korak u procesu reformi Računovodstveni standardi Statutorni okvir Monitoring & sprovođenje Edukacija & obuka Računovodstvena profesija & etika Standardi revizije

Svi potporni stubovi moraju biti pojačani
ROSC - SRBIJA Svi potporni stubovi moraju biti pojačani Računovodstveni standardi Statutorni okvir Monitoring & sprovođenje Edukacija & obuka Računovodstvena profesija & etika Standardi revizije

Računovodstveni standardi
ROSC - SRBIJA Računovodstveni standardi R&R ROSC Nalazi Standardi zahtevaju usklađenost sa IFRS ali u nekim slučajevima ima odstupanja (-) (+) IFRS Based on a review of the Accounting and Auditing Law (2002) and the standard form set out by the Ministry of Finance, there are fundamental differences between reporting requirements and “full IFRS” pertaining to medium-sized and large enterprises in the real sector. Legal financial reporting requirements are considered “fulfilled” by the completion and submission of the above mentioned standard forms or grids, which include account numbers, issued by the MoF. The 2003 form was 20 pages long (non-IFRS). This has the following consequences: Presentation of the comparative financial information was not required. Such practice is not in accordance with the requirements of IAS 1, Presentation of Financial Statements, which would require comparative financial information to be presented. Presentation and disclosure is defined and limited to the options available. Narrative disclosure is not accommodated. There is no consolidated information. Exchange rate gains or losses from the translation of long-term loans denominated in foreign currency (receivables/payables) at year-end are deferred in the balance sheet. Such treatment is not consistent with IFRS. If total shareholders’ equity is less then zero, then an asset is recorded in the balance sheet of the company at year-end under the caption “Loss exceeding equity,” such that total shareholders equity then equals zero. This asset does not meet the definition of an asset under IFRS. Based on a review of the Accounting and Auditing Law (2002) and the standard form set out by the NBS, there are significant differences between actual reporting requirements and “full IFRS” pertaining to banks. Selected differences include the following: Legal financial reporting requirements are considered “fulfilled” by the completion and submission of the above mentioned standard forms or grids, which include account numbers, issued by the NBS. The standard “IFRS” document for banks in 2003 was nine pages long. In general, the existence of these forms makes it difficult for banks to adapt to the spirit of IFRS and encourages a bureaucratic, “form over substance” attitude to financial reporting. Consolidated financial statements were not presented, which has an adverse impact on the transparency of financial reporting. Banks are required to publish legal entity financial statements rather than consolidated financial statements. The lack of consolidated financial statements prevents the users of bank financial statements from assessing their actual financial position and performance. Formulaic approach to the determination of the allowance for loan losses. The NBS has issued a regulation, which requires banks to classify loans, placements, guarantees, and other on and off-balance sheet exposures into categories A, B, C, D, and E, in accordance with the evaluation of their collectibility, which is largely assessed based on the number of days the payments are in arrears. The allowance for loan losses is determined based on a provisioning matrix that specifies fixed provisioning rates for each category (2 percent for A, 5 percent for B, 25 percent for C, 50 percent for D, and 100% for E). ISA Pravne tekovine Dobra međunarodna praksa

Dobra međunarodna praksa
ROSC - SRBIJA Statutorni okvir R&R ROSC Nalazi Neodgovarajuće područje primene IFRS (-) (+) IFRS The Accounting and Auditing Law (2002) applies to all enterprises, cooperatives, banks, insurance companies, and other financial organizations, as well as sole proprietorships. It requires that all enterprises from the largest listed companies to the smallest unincorporated proprietorships must comply with IFRS from This requirement seems not only unnecessarily onerous for SMEs and sole proprietorships but inapplicable since IFRS is not designed for the smaller company and certainly not for sole proprietorships. Such a requirement casts doubt on the overall wisdom of the Law itself. Full IFRS are not appropriate for use by all reporting entities; they should be used unchanged as the standards for public interest entities,[1] and separate standards should apply to other entities. The use of IFRS as that single set of requirements has frequently led in other jurisdictions to unintended negative consequences, hindering successful implementation, as full IFRS are not appropriate for SMEs. In such cases, the necessary capacity for proper application was often not in place, costs of compliance were disproportionate, and enforcement bodies either did not exist or were unable to cope with the volume of work required. Over time, the culture of compliance suffered, even among those companies that should be expected to have the resources to comply. Experience shows that success is greater when the application of IFRS is confined to public interest entities only, and when limited resources are focused on ensuring compliance by these entities. [2] [1] Within this report, public interest entities are those in which the general public has an interest by virtue of the nature of their business, their size, their number of employees, or their range of stakeholders. Examples include banks, insurance companies, investment funds, pension funds, listed companies, and large enterprises, including large state-owned enterprises. [2] Refer to Implementation of International Accounting and Auditing Standards: Lessons Learned from the World Bank’s Accounting and Auditing ROSC Program, Hegarty, Gielen, Hirata Barros, World Bank, September 2004. ISA Pravne tekovine Dobra međunarodna praksa

ROSC - SRBIJA Statutorni okvir R&R ROSC Nalazi Novi Zakon o poslovnim društvima (-) (+) IFRS Revamp the corporate governance framework to ensure that Directors of a company are responsible for the probity of financial statements both de jure (recently introduced by the new Law on Business Companies) and de facto. According to the Accounting and Auditing Law (2002),[1] the “competent body” appoints the statutory auditor annually. Such a competent body is set forth in the relevant supplementary legislation. For example, the Law on Business Companies sets forth that for limited liability companies, the members’ meeting is responsible for appointing the statutory auditor (Art. 137) and for joint-stock companies, shareholders are responsible (Art. 290) for the appointment. Unlike in certain EU Member States, the Law (2002) does not include any termination mechanisms that could provide additional safeguards to auditor’s independence. Hence, a statutory auditor may resign or be dismissed to avoid an audit qualification. The Law (2002) provides for the rotation of an audit firm every five years in medium enterprises and every three years in large enterprises.[2], [3] The Law (2002) does not require the statutory auditors to attend the annual shareholders’ meeting or be available for questions by the shareholders. [1] See Article 33 of the Accounting and Auditing Law (2002). [2] Article 4 of the Law (2002) defines large legal entities as banks, other financial institutions, insurance companies, stock exchanges and stock brokers. [3] The audit firm rotation requirement in an environment such as Serbia’s, which has a limited audit firm base, may lead to the negative, unintended consequence of restricting a company’s ability to choose its external auditor. This problem would be even more acute in larger companies, which tend to use the local member firms of international audit networks. ISA Pravne tekovine Dobra međunarodna praksa

ROSC - SRBIJA Statutorni okvir R&R ROSC Nalazi Odsustvo konsolidovanih računa (-) (+) IFRS The Accounting and Auditing Law (2002) does not require groups to present consolidated financial statements. This is not consistent with the Seventh EU Company Law Directive. Whereas article 12 of the Accounting and Auditing Law (1993) stated that consolidated financial statements should be prepared for a parent company and all its subsidiaries, observers indicated that this requirement was only rarely complied with, and that the method of consolidation was understood as a basic addition of the balances of the parent and subsidiaries. Under the Accounting and Auditing Law (2002), consolidation requirements should stem from the requirement to comply with IFRS. Since IAS 27, Consolidated Financial Statements and Accounting for Investments in Subsidiaries, requires a parent to present consolidated financial statements, the Accounting and Auditing Law (2002) should be interpreted as imposing consolidation requirements on all groups. However, the standard forms or grids prepared by the MoF and the NBS do not allow for the presentation of consolidated financial statements, which resulted in a situation where groups do not present consolidated financial statements. ISA Pravne tekovine Dobra međunarodna praksa

ROSC -SRBIJA Statutorni okvir R&R ROSC Nalazi Davanje podrške revizorskoj profesiji, koja tek treba da se ustanovi (-) (+) IFRS The statutory and institutional frameworks required to underpin the development of a quality audit profession have yet to be established. The Federal Ministry of Finance (in the former Federal Republic of Yugoslavia) governed the approval of programs for professional certificates, the organization of exams and issue of certificates, and also maintained a register of audit firms and certified auditors. The former Federal Republic of Yugoslavia was dissolved as of April 1, Subsequently, the MoF of the Republic of Serbia formally took over the above-mentioned duties in respect of individuals and firms registered in Serbia. However, no professional certificates have been issued or foreign professional certificates validated. The scope of statutory audit requirements may be too broad considering the stage of development of the audit profession. In accordance with the Accounting and Auditing Law (2002) the audit of financial statements is compulsory for large and medium-sized legal entities, as well as the issuers selling their long-term securities by public offering. However, the transitional provisions in the Law (2002) exempted medium-sized enterprises from statutory audits for the year ended December 31, Based on the definition in paragraph 14 above, from 2004, approximately 3,200 out of 103,000 active Serbian enterprises and other regulated entities (e.g., banks, insurance companies, investment and pension funds, etc.) should be audited by 160 certified auditors operating in 32 registered audit firms (refer to paragraph 28 below). ISA Pravne tekovine Dobra međunarodna praksa

ROSC - SRBIJA R&R ROSC Nalazi Nema zahteva za prikazom kvaliteta revizorske prakse Monitoring & sprovođenje (-) (+) IFRS The Accounting and Auditing Law (2002) does not include any requirements for any form of audit practice quality review, which is detrimental to the credibility of the audit profession and therefore of published audited financial statements. This does not conform to IFAC SMOs and the acquis communautaire, which require such quality review schemes to ensure that auditors are working to required standards of quality. The SAAA does have its own limited practice review system for its members. The SAAA Commission for Supervision and Quality Control was set up in 2003 and commenced work in However, it does not include a strict enforcement mechanism and the results of the review are not used for identifying the areas in which continuing professional development would be particularly needed. ISA Pravne tekovine Dobra međunarodna praksa

ROSC - SRBIJA R&R ROSC Nalazi Nema efikasnih mehanizama za sprovođenje računovodstvenih standarda Monitoring & sprovođenje (-) (+) IFRS There is no effective mechanism to enforce the requirements of the Accounting and Auditing Law (2002). Given the resource constraints of the Solvency Center, it is unlikely that any serious breach of IFRS could be detected by this department of the National Bank of Serbia. Complete reliance is placed on the statutory auditor identifying any material breach of IFRS. There does appear to be a culture of making the annual returns to the Solvency Center but it is the quality and not quantity of the returns that is in doubt. As detailed in the Banking, Insurance, and Securities Laws, the National Bank of Serbia and the Securities Market Regulator require the regular submission of financial data and audited annual financial reports. However, given their resource constraints, despite their best efforts, they cannot fully review the returns submitted particularly in terms of their compliance with IFRS. The Banking, Insurance and Securities Laws all detail criminal and economic offenses associated with misleading reporting The ROSC team made assessments of the compliance gap sampling 20 sets of non-bank financial statements for the year ended 31 December 31, 2003, which had been lodged with the NBS Solvency Center. Financial statements are required to be submitted on the standard NBS Solvency Center Financial Statements return form, which details a pre-printed list of Serbian chart of account codes. The layout of the chart of account codes was detailed in the supplement to the Accounting and Auditing Law (1993). They cover the Balance Sheet, the Income Statement and the Cash Flow Statement together with supplementary notes. Companies were required to follow a strict format for the submission of their financial statements. All of the 20 financial statements which the ROSC team reviewed were detailed on the required standard Solvency Center forms and complied with the layout for the Balance Sheet, Income Statement and Cash Flow Statement. However two of the supplementary notes for “Equipment Depreciation” and “Inventory Data” were not completed in any of the 20 financial statements. The audit reports reviewed do not necessarily relate to the specific financial statements lodged at the Solvency Center because of the four month timing difference between the submission of financial statements and submission of audit reports. However, five of the 20 audit reports were qualified and in three others the auditors did not express an opinion. Recurring issues, which led to a qualified audit opinion or a disclaimer of opinion included: Inventory balances at the balance sheet date could not be confirmed, Contingent liabilities were not estimated and included in the balance sheet, Lack of appropriate evidence available to substantiate balances, and overstatement and understatement of other balances for various reasons. ISA Pravne tekovine Dobra međunarodna praksa

ROSC - SRBIJA R&R ROSC Nalazi Nema profesionalnih kvalifikacija koje mogu da obezbede status revizora Obrazovanje i obuka (-) (+) IFRS Given the current problematic situation in Serbia, there is no professional qualification that can lead to registered accountant or auditor status. Local member firms of international audit firm networks do not send their students to study with the SAAA but instead encourage their students to study for the United Kingdom ACCA qualification. The ACCA program is now taught locally but since it is reasonably new, few graduates have yet completed the system. Generally speaking, young graduates employed by smaller audit and accounting firms have a problem with the funding of their education and training. Few of the small audit firms in Serbia are willing to fund the training of graduates for two key reasons. First, they fear that upon professional qualification, the person would leave the firm thereby leading to loss of the firm’s investment in human resources. Second, the qualification would not lead to any formal registered status as accountant or auditor and would therefore not provide any immediate tangible benefit to the firm. ISA Pravne tekovine Dobra međunarodna praksa

Računovodstvena profesija i etika Dobra međunarodna praksa
ROSC - SRBIJA R&R ROSC Nalazi Podržavaju izjave IFAC-a o obavezama članstva (SMOs) Računovodstvena profesija i etika (-) (+) IFRS The SAAA is publicly supportive of IFAC Statements of Membership Obligation (SMOs) but compliance with the SMOs has yet to be assessed. Founded in 1955, with a membership of around 30,000 individual auditors and accountants, the SAAA is a full member of IFAC. It has a committee structure that includes the following: (i) Professional Exams Commission, (ii) Education Committee, (iii) Financial Accounting Committee, (iv) Management Accounting Committee, (v) Ethics Committee, (vi) Magazine Board, (vii) Audit Committee and Quality Assurance Committee. The SAAA has an extensive branch network throughout Serbia. Although the SAAA is publicly supportive of IFAC SMOs, IFAC’s Compliance Program will not be distributing self-assessment questionnaires to evaluate compliance with the IFAC SMOs to its Member Bodies until later this year. IFAC SMOs are designed to provide clear benchmarks to current and potential IFAC member organizations to assist them in ensuring high quality performance by accountants worldwide. SMOs cover quality assurance, education standards, auditing standards, ethics, investigation and discipline, etc.[1] [1] For additional information, refer to ISA Pravne tekovine Dobra međunarodna praksa

ROSC - SRBIJA R&R ROSC Nalazi Korišćenje međunarodnih standarda o reviziji i IFAC-ovog Kodeksa o etici Standardi revizije (-) (+) IFRS The Accounting and Auditing Law (2002) regulates the auditing profession in Serbia. It requires that statutory audits be carried out in accordance with the Law (2002), ISA, and the International Federation of Accountants (IFAC) Code of Ethics for Professional Accountants. The Law requires auditors to opine on whether the financial statements present fairly, in all material respects, the financial position of the company, and the results of its operations in accordance with IFRS. The discrepancies between the standard forms required by the MoF or the NBS and IFRS may require statutory auditors to systematically qualify their opinion or, worse, express an adverse opinion on the financial statements. This unintended consequence would certainly damage further the credibility of financial reporting in Serbia and should therefore be rectified. ISA Pravne tekovine Dobra međunarodna praksa

Preporuke ROSC: Promovisanje poverenja u srpsko tržište
ROSC - SRBIJA Preporuke ROSC: Promovisanje poverenja u srpsko tržište Statutorni okvir Računovodstveni i revizorski standardi Univerzitetsko i profesionalno obrazovanje Monitoring & sprovođenje

ROSC - SRBIJA Statutorni okvir Temeljan okvir koji doprinosi pouzdanom finansijskom izveštavanju Postupno uvedene pravne tekovine Statutorni zahtevi revizije Poboljšanje zahteva za finansijskom transparentnošću Using the acquis communautaire as a benchmark would be a logical way for Serbia to achieve this greater goal, as the existence of a well-developed acquis in the area of accounting and auditing regulation facilitates the choice of appropriate models to follow. In addition, considering the EU’s economic importance for Serbia, in terms of trade and investment flows, it would be appropriate to harmonize business practices, including in the area of accounting and auditing, with those of the EU. As set forth in this report, constructing a high-quality regulatory and institutional framework for accounting and auditing requires extensive reforms to Serbia’s legal framework, institutions, and accounting profession, as well as changes in its accounting, auditing and business culture. Policies should not developed and enacted without giving due regard to a country’s ability to carry out such policies (both in terms of capacity and resources); a relatively lenient rule that is robustly and consistently enforced is preferable to a good, rigorous one that is unenforceable, as the lenient rule can be progressively made more rigorous as the circumstances allow.

Računovodstveni i revizorski standardi
ROSC - SRBIJA Računovodstveni i revizorski standardi Čvrsti i međunarodno prihvaćeni računovodstveni i revizorski standardi Primena IFRS-a od strane preduzeća od javnog interesa, ali ne i MSP-a Usvajanje važećih ISA u potpunosti

Univerzitetsko i profesionalno obrazovanje
ROSC - SRBIJA Univerzitetsko i profesionalno obrazovanje Podržava de facto usklađenost sa pravnim i regulatornim zahtevima Unapređuje univerzitetsko obrazovanje Obavlja stručni ispit Sprovodi i prati zahteve CPD-a

Monitoring & sprovođenje
ROSC - SRBIJA Monitoring & sprovođenje Bitno za garantovanje kvaliteta finansijske informacije Ustanovljava dobro vođenu revizorsku profesiju, uključujući zajamčeni kvalitet i javni nadzor Ustanovljava mehanizme institucionalizovane finansijske informacije Establish a well governed audit profession responsible for reporting on compliance with accounting standards where audits are mandated by law. The Report recommends the establishment of a “Chamber of Auditors,” constituted as a professional body enjoying delegated regulatory authority but subject to a public oversight system. The Chamber should regulate “external auditors,” i.e. those responsible for financial statement audit in accordance with “full ISA.” Among other things, the Chamber should exercise quality assurance over the public interest activities of its members, by way of monitoring of their work; exercise disciplinary authority over its members; and issue audit licenses to both individuals and audit firms. This should be coupled with an oversight system for the audit profession to ensure that quality assurance is, in fact and appearance, an exercise with sufficient public integrity. Establish institutionalized financial information enforcement mechanisms. The repeated instances of non-compliance with existing accounting requirements identified in this Report suggest that there could be unrevealed discrepancies in financial statements with possible significant impact, which may not have been adequately flagged by the auditors of these financial statements. This Report recommends that regulators play a more active role in the enforcement of accounting standards in the general-purpose financial statements of public interest entities. While the Report recognizes that this may not be achievable in the immediate future, it points to actions that could be readily addressed by regulators and would have a positive effect on strengthening enforcement. For example, in many instances, regulators should refuse to accept disclaimers or qualified audit reports. Rather, such qualifications should immediately trigger on-site examinations and/or restatements of the financial statements.

Primena preporuka ROSC
ROSC - SRBIJA Primena preporuka ROSC IAIS Svetska banka IFAC Nacionalni upravni odbor IASB Evropska komisija & odbori Partneri za razvoj Bazelski Odbor

Izveštaji o poštovanju standarda i kodeksa (ROSC)

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