The effects of laws and regulations on financial statements vary considerably. Some laws and regulations have a direct effect on the financial statements because they determine the amounts reported and the disclosures in the financial statements. Other laws and regulations do not have a direct effect on the financial statements.
Noncompliance is an act of omission or commission by an entity, whether intentional or unintentional, which is contrary to prevailing laws and regulations. Such acts may be committed by, or in the name of, the entity or on its behalf by those charged with governance, management, or employees. Noncompliance does not include personal misconduct unrelated to the business activities of the entity.
Accounting estimates are imprecise and can be influenced by management judgment. These judgments may involve unintentional or intentional management bias. The susceptibility of an accounting estimate to management bias increases with the subjectivity involved in making it. The degree of estimation uncertainty affects, in turn, the risks of material misstatement of accounting estimates, including their susceptibility to unintentional or intentional management bias.
The auditor should determine whether accounting estimates with high estimation uncertainty give rise to significant risks. Significant risks require special audit consideration (i.e., more detailed review of documents). Additionally, the auditor must evaluate whether an accounting estimate identified as having a high degree of estimation uncertainty is a key audit matter to be communicated in the auditor's report.
The auditor should ask management about contingent liabilities, including pending litigation or possible future litigation and about controls adopted to identify, evaluate, and account for such items. In conjunction with these inquiries, the auditor should perform the following procedures:
Review the minutes of meetings of stockholders, board of directors, and other executive committees.
Review correspondence and invoices from lawyers.
Review contracts, loan agreements, loan guarantees, leases, and correspondence from taxing authorities.
Review bank confirmations for hidden bank loans, discounted drafts, guarantee of notes, etc.
Except for very routine transactions, it is virtually impossible to determine whether a transaction would have taken place in exactly the same manner if the parties weren't related. Therefore, a related party transaction is not considered to be an arm's-length transaction. For this reason, the substance of a related party transaction may be very different from its form, and GAAP requires that such transactions be disclosed.
When auditors are performing an audit of financial statements, they are responsible for identifying any related party transactions encountered during the course of the audit and for determining whether the transactions have been properly accounted for and disclosed in the financial statements. An understanding of related party transactions and relationships is also relevant to the auditor's evaluation of fraud risk because fraud is more easily committed through related parties. Related parties may include the reporting entity's affiliates, principal owners, management, and members of their immediate families.
Which of the following auditing procedures most likely would assist an auditor in identifying related party transactions?
Inspecting correspondence with lawyers for evidence of unreported contingent liabilities.
Vouching accounting records for recurring transactions recorded just after the balance sheet date.
Reviewing confirmations of loans receivable and payable for indications of guarantees.
Performing analytical procedures for indications of possible financial difficulties.