PSA 250
Consideration of Laws
and Regulations in an
Audit Financial Statement
Limitations of an Auditor
When planning and performing audit
procedures and in evaluating and
reporting the results thereof, the
auditor should recognize that
noncompliance by the entity with laws
and regulations may materially affect
the financial statements.
Noncompliance
Definition: Acts of omission or
commission by the entity being
audited, either intentional or
unintentional, which are contrary to the
prevailing laws or regulations
Responsibility of Management for the
Compliance with Laws and Regulations
Management Responsibility: To ensure
that the entity’s operations are
conducted in accordance with the laws
and regulations; Prevention and
detection of noncompliance
Policies and procedures to prevent and
detect noncompliance
•Monitoring legal requirements and ensuring
that operating procedures are designed to
meet these requirements
•Instituting and operating appropriate
systems of internal control
•Developing, publicizing, and following a
Code of Conduct
•Ensuring employees are properly trained and
understand the Code of Conduct
•Monitoring compliance with the Code of
Conduct and acting appropriately to discipline
employees who fail to comply with it.
•Engaging legal advisors to assist in monitoring
legal requirements.
•Maintaining a register of significant laws with
which the entity has to comply within its
particular industry and a record of complaints.
Auditor’s Consideration of Compliance
with Laws and Regulations
An audit is subject to the unavoidable
risk that some material misstatements of
the financial statements will not be
detected, even though the audit is
properly planned and performed in
accordance with PSAs
Factors due to noncompliance
•There are many laws and regulations, relating
principally to the operating aspects of the entity,
that typically do not have a material effect on the
financial statements and are not captured by the
accounting and internal control systems
•The effectiveness of audit procedures is
affected by the inherent limitations of the
accounting and internal control systems and by
the us of testing
•Much of the evidence by the auditor persuasive
rather than conclusive in nature.
•Noncompliance may involve conduct designed
to conceal it, such as conclusion, forgery,
deliberate failure to record transactions, senior
management override of controls or intentional
misrepresentations being made to the auditor
Auditor should plan and perform the
audit with am attitude of professional
skepticism recognizing that the audit
may reveal conditions or events that
would lead to questioning whether an
entity is complying with laws and
regulations.
Procedures to help identify instances of
noncompliance:
•Inquiring of management as to whether
the entity is in compliance with such
laws and regulations
•Inspecting correspondence with the
relevant licensing or regulatory
authorities.
The auditor should obtain sufficient appropriate
audit evidence about compliance with those laws
and regulations generally recognized by the
auditor to have an effect on the determination of
material amounts and disclosures in financial
statements. The auditor should have a sufficient
understanding of these laws and regulations in
order to consider them when auditing the
assertions related to the determination of the
amounts to be recorded and the disclosures to
be made.
The auditor should be alert to the fact
that procedures applied for the purpose
of forming an opinion on the financial
statements may bring instances of
possible noncompliance with laws and
regulations to the auditor’s attention.
The auditor should obtain written
representations that management has
disclosed to the auditor all known actual
or possible noncompliance with laws and
regulations whose effects should be
considered when preparing financial
statements.
Procedures when Noncompliance is
Discovered
The auditor should obtain an
understanding of the nature of the act
and the circumstances in which it has
occurred, and sufficient other information
to evaluate the possible effect on the
financial statements.
•The potential financial consequences
•Whether the potential financial disclosures; or
•Are so serious as to call into question the fair presentation gien
by the financial statements.
The auditor should document the
findings and discuss them with
management
The auditor should consider the effect of
the lack of audit evidence on the
auditor’s report
Reporting of Noncompliance to Management
The auditor should either communicate
with the audit committee, the BOD and
senior management, or obtain evidence
that they are appropriately informed,
regarding compliance that comes to the
auditor’s attention
Noncompliance is intentional and
material: The auditor should
communicate the finding without delay
Management is involved in
noncompliance: The auditor should
report the matter to the next higher level
of authority at the entity.
Reporting of Noncompliance to the Users of
Auditor’s Report on the Financial Statements
Material but not reflected on FS: The
auditor should express a qualified or an
adverse opinion.
Auditor is precluded to obtain evidence:
express a qualified opinion or a
disclaimer of opinion on the financial
statements on the basis of a limitation on
the scope of the audit.
Reporting of Noncompliance to Regulatory and
Enforcement Authorities
General rule: The auditor’s duty of confidentiality
would ordinarily preclude reporting noncompliance to
a third party
Exemption: in certain circumstances, the duty of
confidentiality is overridden by statute, law, or by
courts of law.
The auditor may need to seek legal advice in such
circumstances, giving due consideration to the
auditor’s responsibility to the public interest
Withdrawal from the Engagement
When the entity does not take the remedial
action the auditor considers necessary in the
circumstances, even when the noncompliance is
not material
