Regulations and Law

Audit Quality and the Caparo Judgement

There was a very good letter from Guy Jubb and Mark Solomon on the subject of the Caparo legal judgement in the Financial Times yesterday (6/2/2018). It was headlined “It is time the curse of Caparo was broken”. Here is some of what it said:  ….the joint inquiry into Carillion by the parliamentary Work and Pensions Committee, and Business, Energy and Industrial Strategy Committee, must examine closely the little-known consequences of the Caparo judgment (Caparo Industries plc v Dickman [1990] 2 AC ...

Carillion and FRC investigation

I know that some members are taking a very active interest in what went wrong at Carillion. The email below from the FRC contains a link to a document which you may find both useful and interesting to support your own research and in helping to reach some initial conclusions. "From: FRC Sent: 29 January 2018 09:54 To: Various Subject: News Alert - Accounting and reporting framework for the construction and business support services sectors In the light of the collapse of Carillion, the Financial Reporting Council ...

Quindell and Carillion

The Financial Reporting Council (FRC) have announced that they have fined audit firm Arrandco (formerly RSM Tenon) £750,000 and the Audit Partner Jeremy Filley £56,000 in relation to the audit of the financial statements of Quindell for the 2011 accounts. They also “reprimanded” both parties and Tenon had to pay £90,000 in costs. Both parties admitted liability. Two of their errors were a “failure to obtain sufficient appropriate audit evidence and failure to exercise sufficient professional scepticism”. In other words, quite ...

Government To Review Share Buy-Backs

The BEIS Department of the Government has announced a review of share buy-backs. That’s where the company buys its own shares in the market, a practice that used to be illegal but is now very widespread. Business Secretary Greg Clark said: “…there are concerns that some companies may be trying to artificially inflate executive pay by buying back their own shares. This review will examine how share buyback schemes are used and whether any action is required to prevent them from being ...

Carillion, EMIS and KPMG

Now that the dust has settled somewhat after the demise of Carillion (CLLN), it’s worth adding some more comments to my previous blog post on the subject. Ultimately it went bust for the same reason most companies do - it simply ran out of cash and could not pay its debts as they became due. As I said before, it collapsed eventually because of ballooning debt, poor cash collection and risky contracts. Unfortunately it seems that private investors were some of the ...

Regulation of shareholder action groups following the debacle of the RBS case

Regulation of shareholder action groups following the debacle of the RBS case (see http://www.thisismoney.co.uk/money/news/article-5266449/Demand-probe-RBS-Shareholders-Action-Group.html ). As regards the suggestion that such groups be “regulated”, I do not see how that would necessarily assist to protect the interests of shareholders. Indeed, it might result in even more involvement of lawyers when one of the big problems is that legal firms often set up and run such groups and this is often in their interests rather than the claimants. Introducing regulation would also make ...

Private Investor Dialogue with the FRC

Following the success of the last year's FRC event (photo below) a date of 26th November 2018 has been agreed for a Private Investor Dialogue with the FRC. Please put the date in your diaries. More details will follow later in the year.   Click here to see the feedback survey results of last year’s event. The FRC were very pleased with the event and the feedback research. We continue to have regular meetings with the FRC and are increasingly being invited to ...

Want to Get Rich Quickly?

Do you sincerely want to be rich? That was the sales slogan used by fraudster Bernie Cornfeld which attracted many. Or perhaps even better, do you want to sincerely get rich quickly? That is in essence the sales pitch used by many promoters of CFDs (Contracts for Difference). CFDs are geared investments in stock market shares, bitcoins, commodities or any volatile instrument where you can magnify your profits many times. Or, of course, magnify your losses. You can, to put it simply, ...

KIDS – Who Is Kidding Who?

There was an interesting article published by Citywire yesterday on the subject of Hargreaves Lansdown removing 96 investment trusts from its trading platform. Such trusts as Dunedin Enterprise, Blue Planet and Oryx International Growth have been suspended. The reason is because they have not yet made available a “KID” (Key Investment Document) which is required by the new PRIIPS regulation and mandated by the FCA/EU from the start of this year (see https://www.fca.org.uk/firms/priips-disclosure-key-information-documents for more information). At present investment trusts are mainly ...

Investment Association Naughty Register

I heard Chris Cummings(CC) CEO of the Investment Association on the BBC Radio 4 this morning launching their new naughty register. https://www.theinvestmentassociation.org/publicregister.html The interview went something like this: BBC Interviewer: "Would you have done it if the Government has not led this initiative?" CC did not say YES. CC said: "This was an industry led initiative." BBC: "Yes, but would you have done it if the Government has not pushed it?" CC again declined to say YES. I surmise IA was led kicking and screaming into this by the ...

Further on the FRC and its Report on the HBOS Audit

Roger’s blog makes a number of hard hitting points about the FRC. However, there are some promising actions which indicate change is happening at the FRC. The meeting with the FRC and ShareSoc and UKSA members on 21 November was most helpful in establishing a good working relationship with the FRC. There are promising signs that the FRC want to work closely with us and we have been asked to put representatives onto a number of their committees and working groups. More ...

Brexit, HBOS, Globo and the FRC

Is it not heartening that the Brexit divorce bill, and other terms, have been settled? The exact cost is unclear but it could be up to £40 billion – a lot of money you may say! However, the fact that the key negotiators, Mrs May, Barnier et al, all looked somewhat glum about the deal when announced perhaps tells us that it was a compromise in which both sides had to concede ground. Or perhaps they were just tired. The terms ...