Chartered accountants can become whistleblowers? ICAI council is divided over code of ethics
Chartered accountants, who are often blamed for helping clients sidestep the law and masking the truth behind numbers, will have a new code of ethics. After a marathon council meeting last week, the statutory body that makes the rules for the profession decided to overhaul the present code.
Amid spiralling incidents of corruption, allegations against senior professionals and a clamour for a strong anti-corruption law, the council debated whether CAs can become whistleblowers even as they play their fiduciary role in Corporate India.
Council members of the Institute of Chartered Accountants of India (ICAI) are sharply divided on the subject because as auditors they are bound by confidentiality pacts they enter into with clients.
A month ago the institute asked its members to adopt a system of 'know your clients', which would help audit professionals distance themselves from assignments that could question their credibility and drag them into litigations. Among other things, the move was also a fallout of the 2G probe that is keeping some of the senior professionals behind bars.
But a rewriting of the code of ethics will have to address several issues. "We may borrow some of the global best practices laid down by the International Federation of Accountants, and consider other aspects including the ones related to regulatory provisions and economic offences," said G Ramaswamy, president, ICAI.
At present, an auditor uses the audit report, attached to a firm's annual report, to point out anomalies and possible irregularities. Only auditors of banks and institutions have been told by the RBI to alert the regulator about frauds and violations. Besides reservations that several auditors have in assuming the role of whistleblowers, there is no provision for them to report irregularities directly to the government.
"But the problem is in enforcement. Most auditors are discharging their duties, but rarely is action taken against a company based on an auditor's report or notes to the account," said S Santhanakrishnan, a senior CA.
Under the circumstances, it is unclear whether auditors would be comfortable reporting irregularities they spot in the course of an audit directly to the government authorities concerned or law enforcement agencies.
There are many issues under discussion and amending the code may take 4-5 months, said SB Zaware, a council member. The suggestions of members will be considered, he said. The institute may consider formulating guidelines to bring about the practice of rotation of auditors if there are delays in amending the law.
It has also set up an internal committee to look into issues such as black money and suggest ways to curb the generation of undisclosed income. But there are grey areas like financial structuring that corporates, advised by CAs and lawyers, use to jump regulatory hurdles. While investigating the 2G scam, government agencies have questioned some of these structures to look for criminal intent.
Sections in the profession think there is often a thin line between structures that are above board and the ones that are aimed at overcoming barriers in foreign direct investment rules and foreign exchange laws. "For argument's sake, even if the institute discourages CAs from giving opinion on certain structures it may think are dicey, there are law firms and investment banks ready to offer their services," said Anup Shah of CA firm Pravin P Shah & Co.
[Source: The Economic Times & Calley.com }
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