After weeks of intense
and highly-public negotiations between the Big Five accounting
firms, the AICPA, congressional officials and SEC staff, the Securities
and Exchange Commission (SEC) yesterday unanimously approved rules
updating auditor independence requirements at a packed public
hearing in Washington.
The SEC's original
proposals issued last summer got lukewarm support from two of
the Big 5 accounting firms, but were roundly criticised by the
others and by the AICPA. The SEC has been concerned that the independence
of auditors can be compromised if an audit firm also provides
consultancy services to the company being audited, leading to
biassed public information on which investors base judgements
to buy and sell shares.
Many accountants
and especially the Top 5 firms were unhappy that the rules would
force dismemberment of advisory and audit practices which had
been built on the 'one-stop-shop' principle; even so several of
the Top 5 rapidly made plans to jump before they were pushed,
although one such plan came unstuck just this week when Hewlett
Packard backed out of its proposed purchase of PwC's consultancy
arm.
Another facet of
the row this year has been the discovery that individual partners
of the major audit practices have significant shareholdings in
their clients' shares. 8,000 infringements of the rules were found
to have taken place at PwC alone. Now the SEC says that only those
partners directly involved in audits will be subject to the 'no
shareholding' rules.
The SEC's proposed
compromise will allow IT consulting work to continue at audit
clients provided a company's management informs its audit committee.
The SEC hopes audit committees, typically comprising three independent
directors, will scrutinise the relationships between companies,
auditors and consultants on a continuing basis.
In addition, companies
will be forced to disclose in their financial statements fees
paid to auditors and consultants. This rule, similar to the regime
in the UK, will lead to a new source of information about the
relationships between firms and clients.
Arthur Levitt, SEC
chairman, said he was pleased with the deal, saying: 'I think
this is a wonderful solution. Involving the audit committees will
give us on-the-scene, private-sector guidance.' The AICPA and
the Top 5 also said they were broadly happy with the new proposals,
although the final text of the rules will not be known for some
weeks. The profession will have up to 2 years to comply with the
new rules.