Blog
Removal of trustees – factors a court will consider
Cally Brosnan
Following a number of high-profile corporate collapses in the last few years, audit quality has been the subject of intense regulatory focus. In recent times, significant changes to audit regulation were proposed by Sir John Kingman; the CMA made recommendations around ‘operational split’; and, late last year, Sir Donald Brydon endorsed the CMA’s suggested approach in recommending the formation of a separate audit industry with its own governing principles.
			Following the Court of Appeal decision in Sports Direct International Plc and The Financial Reporting Council [2020] EWCA Civ 177 (which we discussed here), a recent High Court decision provides further guidance on legal professional privilege and its application in Financial Reporting Council (FRC) proceedings.
			It may come as a surprise to learn that anyone can use the title accountant without having any formal qualification or membership of a professional body. The use of the term ‘Chartered Accountant’ is more controversial. We examine the nuances of these designations in the current regulatory regime, when they can be used and what consequences an individual may face for any perceived misuse.
We are living in unprecedented times. Boris Johnson’s announcements each day, whilst aimed at slowing the growth of the global pandemic which is COVID-19 (Coronavirus), will undoubtedly have a drastic effect on businesses in all sectors.
			The general election is now over, and Parliament has more time to deal with matters other than Brexit. The spotlight has therefore returned to corporate governance, with The Sunday Times reporting that the FRC is developing a “British version of Sarbanes-Oxley”. It reported that this would “heap more responsibility on to directors, asking them to vouch regularly for the integrity of their financial controls and – if passed into law in the UK – opening the possibility of criminal proceedings against chief executives and finance directors for reporting misleading statements to the market.”
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