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Warning on improved protection
for auditors
One of Britain's largest institutional shareholders has
warned against the dangers of increasing protection for auditors from
catastrophic litigation.
Morley Fund Management, which manages £110bn of assets, said shareholders
had "grave concerns" about pleas by the big four accounting
firms to limit auditors' liability to prevent a multi-billion pound legal
claim potentially sinking one of them.
It said further reductions in auditor liability in isolation could undermine
the audit framework which was an important part of investor protection.
"It [the framework] helps tackle the conflict between the information
a board might wish to release and the information ...that the investor
needs," said lain Richards, head of governance and public policy
at Morley.
"Investors and policy makers need to consider whether a change would
aggravate perceived shortcomings in the service currently provided by
statutory audits."
Mr Richards said there might be a case for deciding that unlimited auditor
liability was "a reasonable proposition in an increasingly litigious
world". However, the current lack of transparency and disclosure
to investors had seen the risk of litigation become a surrogate form of
comfort for investors. "Boilerplate" audit reports, covering
the legal minimum, provided little assistance to investors where companies
had a creative or aggressive accounting. "Further reductions in auditor
liability would need to be matched by a long overdue reinvigoration of
the statutory audit," he said.
The government remains to be convinced by the big four's plea to limit
auditors' liability and is seeking more evidence about their concerns.
Even if ministers decide legislation is appropriate, limited liability
is unlikely to be included in the companies bill that will be announced
in November's Queen's Speech.
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