PCAOB Takes Action Against Three Firms Over Reporting Failures

The Public Company Accounting Oversight Board (PCAOB) has announced disciplinary actions against three audit firms for failing to make required disclosures to the regulatory body. The firms in question, BDO Taiwan, Jendrach Accounting and Professional Services, and Moore MSLL Lima Lucchesi Auditores e Contadores Ltda., have been sanctioned for their lapses in reporting certain information as mandated by the PCAOB.

The violations came to light as a result of a comprehensive review aimed at uncovering potential non-compliance with PCAOB reporting stipulations. The regulatory board has been increasingly employing sweeps to enhance enforcement and identify instances where firms may be falling short of adhering to PCAOB standards or regulations.

Notably, two of the penalized firms failed to provide timely disclosures about their roles in audits of issuers or broker-dealers through the PCAOB's Form 2, Annual Report. Additionally, a third firm neglected to promptly report a change in its legal name, which is mandated by the Form 3, Special Report.

PCAOB Chair Erica Y. Williams emphasized the significance of these obligations, asserting that the failure to fulfill required disclosures undermines the board's ability to safeguard investors' interests. Robert E. Rice, PCAOB Director of Enforcement and Investigations, highlighted the vital role of accurate and complete reporting in fostering investor reliance on firms' information and in enabling effective oversight.

As part of the sanctions, the firms, while not admitting to the findings, have consented to the PCAOB's orders and disciplinary actions. The punitive measures entail civil money penalties and censure. Specifically, BDO Taiwan faces a $35,000 civil money penalty, while Jendrach Accounting and Professional Services and Moore MSLL Lima Lucchesi Auditores e Contadores Ltda. each face a $25,000 civil money penalty.

Moreover, the PCAOB has stipulated that each sanctioned firm must enhance or align their policies and procedures to ensure compliance with PCAOB reporting requirements, either by improving existing practices or implementing revised protocols.

Key Takeaways and Lessons for Internal Auditors

‍As this latest action by the PCAOB demonstrates the significance of compliance with reporting requirements, internal auditors should take heed of the following takeaways:

1. Timely and Accurate Reporting: Internal auditors must ensure that required disclosures are made promptly and accurately to relevant regulatory bodies. Delays or inaccuracies in reporting can have serious consequences, including penalties and reputational damage.
2. Adherence to Reporting Forms: Internal auditors should be well-versed in the specific reporting forms mandated by regulatory authorities. Familiarity with these forms and their respective requirements is essential to avoid oversights.
3. Importance of Oversight: Robust internal oversight and governance mechanisms are crucial to prevent reporting failures. Firms should have clear policies and procedures in place to ensure that all required disclosures are identified, documented, and submitted within stipulated timeframes.
4. Collaboration and Communication: Effective communication and collaboration between internal audit teams and relevant departments are vital to ensure that all necessary information is captured for accurate reporting. Regular review and cross-verification can help identify potential reporting gaps.
5. Learning from Enforcement Actions: Internal auditors should closely monitor regulatory enforcement actions and take lessons from cases where reporting failures have led to sanctions. Proactively addressing gaps in reporting processes can prevent similar missteps.

The PCAOB's recent actions highlight the critical nature of regulatory reporting obligations and the necessity for robust compliance measures. Internal auditors play a pivotal role in ensuring that required disclosures are made accurately and in a timely manner, ultimately contributing to maintaining trust and transparency in the financial markets.