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Defending Accountants and Accountancy Firms

‘knowledgeable about complex financial regulatory issues’. Legal 500 UK

Our top-ranked Regulatory Team has significant expertise in defending accountants, accountancy firms, and finance professionals facing regulatory scrutiny.
 

Our team is known for its pragmatic and commercially focused approach to resolving complex regulatory matters. Whether you or your firm are facing an investigation by the FRC, ICAEW, ACCA, ICAS, CIMA, or another body, we provide clear, strategic advice to safeguard your career, practice, and reputation.

For firms

Accountancy and audit firms, regardless of size, are increasingly subject to complex regulatory oversight.

Whether your firm is facing an investigation, enforcement action, or is the subject of a monitoring visit, we regularly act for firms facing regulatory interventions by all accountancy and audit regulators, including the FRC, ICAEW, ACCA, ICAS, ICAI, CIMA, and AAT.

Our advice to firms includes:

  • Defending in all stages of FRC proceedings under the Audit Enforcement Procedure and Accountancy Scheme.
     
  • Representing firms in investigations brought by accountancy regulators, including the ICAEW and ACCA.
     
  • Engaging constructively with regulators at an early stage to resolve matters efficiently and decisively, without recourse to a formal disciplinary hearing process.
     
  • Conducting independent internal investigations where complaints or allegations of misconduct have been raised.
     
  • Advising firms on their duties to report/self-report misconduct, including following the findings of an internal investigation.
     
  • Advising on responses to adverse monitoring/supervision outcomes, including by the FRC, ICAEW and ACCA.
     
  • Handling publicity and reputational risks associated with regulatory investigations.

 

For accountants and insolvency practitioners

Regulatory investigations can be distressing, both at a professional and personal level.

Our team has extensive experience advising on investigations by all major UK and Irish accountancy bodies, including the FRC, ICAEW, ACCA, ICAS, ICAI and AAT. We regularly support individual accountants through every stage of the disciplinary process, including:

  • Advising on reporting/self-report obligations to regulators.
     
  • Responding to correspondence from the regulator in the course of an investigation.
     
  • Preparation for and representation at an FRC interview.
     
  • Drafting written representations when the matter is referred to an independent decision-maker for consideration, including the ICAEW Conduct Committee or ACCA Independent Assessor.
     
  • Negotiating for early resolution with regulators, without the need to proceed to a disciplinary hearing.
     
  • Responding to formal documents received from regulators, including an FRC Investigation Report and Proposed Formal Complaint.
     
  • Preparation and representation at any disciplinary hearing, including witness preparation and advocacy.
     
  • Advising on the appeals process following a disciplinary hearing.
     
  • Advising on health and fitness matters, including in proceedings before the ICAEW Fitness to Practice Committee and ACCA Health Committee.

 

Recent cases

Notable recent cases include:

  • Defending a senior executive in FRC and collateral proceedings following the collapse of a listed company.
     
  • Defending a leading accountancy firm in an FRC investigation regarding its audits of a listed entity under the Audit Enforcement Procedure.
     
  • Securing multiple ‘no further action’ outcomes in investigations by accountancy regulators against partners and senior executives of global accountancy firms.
     
  • Advising a leading accountancy firm on proceedings brought by the overseas equivalent of the FRC.
     
  • Conducting an internal investigation into alleged misconduct by partners and senior individuals of a professional services firm, and advising on reporting obligations to the relevant regulators.
     
  • Advising partners of accountancy and professional services firms on reporting obligations and the disciplinary process in cases involving sexual misconduct and criminal convictions.

 

Defending Accountants and Accountancy Firms Insights

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Blogs

Festive frolics or regulatory wrongs in accountancy firms: a three-part podcast series

Inappropriate emails - ICAEW case provides helpful guidance on the threshold for discreditable behaviour

The FRC’s Annual Enforcement Review 2021: key trends and future concerns

What does good audit practice look like? A thematic analysis of the FRC’s Annual Audit Quality Inspection Results 2020/21

Should business leaders be held to the same standard of integrity as the professional accountants who advise them?

Audit reviews: the process, pitfalls and published themes – a focus on FRC Audit Quality Reviews

Top tips for managing an accountancy disciplinary investigation

Audit reviews: the process, pitfalls and published themes – how to get the best outcome when faced with an adverse finding

Audit reviews: the process, pitfalls and published themes

The Financial Reporting Council announces its plans for the ‘Big Four’ to ring-fence their audit practices

Who is responsible for assessing privilege in FRC cases: an auditor under investigation or the client to which the privilege relates?

Can anyone use the designation ‘Chartered Accountant’?

Is the FRC considering whether Sarbanes-Oxley should cross the waters?

Changes to the FRC's UK Stewardship Code

New ICAEW sanctions guidance on criminal convictions, cautions and Anti-Money Laundering

Think before you tweet – the perils of social media for the accountancy profession

FRC strategic review 2018: Developments in Audit

#MeToo one year on: can we expect regulatory guidance soon?

Collateral damage - when regulatory findings harm the reputations of third parties

Dealing with sexual allegations in the workplace

FRC fines - more of an issue for audit firms than the threat of civil litigation?

ICAEW accountants: take action now!

First time offenders avoid exclusion in ICAEW disciplinary hearing

A new international ethical compass for regulated accountants

Will Grant Thornton be the catalyst for change in the audit market?

Press Round-Up: Regulatory and Professional Discipline February 2018 - March 2018

Accountancy Profession Breaking Down Geographical Borders

Press Round-Up: Regulatory and Professional Discipline December 2017 - January 2018

Discretion and everyday case management: a revision guide from the Court of Appeal

A recent reminder of the obligation to cooperate with an ICAEW investigation

Court of Appeal considers the Financial Reporting Council’s Public Interest Test

Accountant’s participation in a charity tax avoidance scheme leads to a 10 year ban by the Financial Reporting Council

CIPFA Disciplinary Committee swayed by mitigation

ICAEW Disciplinary Committee highlights the seriousness of dishonesty allegations

Taking stock of money laundering obligations in light of recent ICAEW Disciplinary decision

Revised ICAEW Disciplinary Bye-laws introduce new fitness proceedings

Adverse employment disciplinary findings do not spell the end of your career

Professional regulatory hearings - looking ahead to 2016

Case update: A salutary reminder to regulated professionals and students on the use of social media

Senior Managers and Certification Regime - FCA focuses on enforcement and DEPP

Case update: Upper Tribunal finds FCA sanction was not commensurate with facts found proved by FCA (then the FSA) and reduces financial penalty imposed

Holding individuals to account in financial services - unexpected shift in burden of proof

Senior Managers Regime: Tougher regulation of senior bankers and non-executive directors (NEDs) confirmed

Regulators ask banks for better protection for whistleblowers…but can the Regulators maintain it?

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