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What is your duty to co-operate with your regulator?
Zoe Beels
In October the ICAEW updated its Guidance on the Duty to Report Misconduct. The ICAEW first issued Guidance on this topic way back in 1993. While amendments have been made since then to update references to legislation, bye-laws and guidance, this is the first wholesale re-issue. So what’s changed? The fundamental principle that it’s in the public interest to report matters which, if left unreported, could adversely affect the reputation of the profession, remains the same . However, there are some quite significant changes to the detail of what should be reported, reflecting a shift in attitudes since 1993 in the requirements and expectations of professionals. The new Guidance adds to this the need to report matters which, if left unreported, could adversely affect the reputation of the ICAEW, as the regulator.
Audit is more in the spotlight than ever. The financial news pages seem to have a constant stream of stories about corporate collapses, with the inevitable commentary about how the auditor of the collapsed entity is likely to face a regulatory investigation.
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.
From 1 April 2019, criminal conduct by ICAEW members will be dealt with according to the new version of the Guidance on Sanctions, which simplifies as well as amplifies the 2018 version.
Further changes will follow in July 2019, with the introduction of new guidance for Anti-Money Laundering breaches where the relevant conduct has not resulted in a criminal conviction.
On 5 June 2018, a special meeting of the ICAEW is taking place at the conclusion of the organisation’s AGM. For any ICAEW members with an interest in the disciplinary function of their regulator, attendance at this event is a must. Important changes to the Disciplinary Bye Laws, that will potentially affect all members, are being sought. If you cannot make it in person, vote on-line or send a proxy. In these latest proposals there is much to be applauded, but there is also much to be apprehensive about.
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