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Contingent Liability
An existing condition involving uncertainty about a potential financial obligation that will be resolved when a future event occurs or fails to occur
How do auditors test for contingent liabilities?
Review meeting minutes
Examine contracts
Confirm guarantees
Inspect legal documents
Review tax returns
3 levels of likelihood for contingent events
Probable: likely
Reasonably possible: more than remote, but less likely
Remote: slight chance
Purpose of a legal letter
A formal communication to obtain information about potential legal issues, pending litigation, and contingent liabilities affecting financial statements
When should legal letters be sent during an audit?
Near the completion of the audit, before finalizing financial statements, as part of the contingent liability identification process
Type 1 subsequent events
Events providing evidence of conditions existing at financial statement date, requiring adjustment
Type 2 subsequent events
Events providing evidence of conditions arising after financial statement date, requiring no adjustment
How are subsequent events audited?
Interview management about potential events
Read meeting minutes
Review interim statements
Scan accounting records
Consult legal counsel
What are the key steps in final audit evaluation?
Perform analytical procedures
Evaluate misstatements
Reevaluate materiality and risks
Consider fraud indicators
Management representation letter
A document corroborating significant oral representations made by management during the audit
When should the management representation letter be dated?
The same date as the financial statements
What is the going concern assessment period?
One year beyond the issuance date of financial statements
What must be communicated to the audit committee per PCAOB AS 1301?
Critical accounting policies, practices, and estimates
Who receives communications about legal noncompliance?
Those charged with governance
How do auditors evaluate going concern?
Assess entity’s ability to continue operations and draw conclusions about substantial doubt
Who do we send legal letters to?
Sent to the client’s attorneys or legal counsel, typically addressing the law firm representing the company
Importance of legal letters
Obtain independent confirmation of potential legal risks
Identify and undisclosed legal issues
Ensure comprehensive risk assessment
Gather evidence about possible contingent liabilities that could materially impact the financial statements
When do we get a management representation letter?
To be obtained right at completion of audit