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Response to Identified or Suspected Noncompliance with Laws and Regulations

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When the auditor becomes aware of information about a possible noncompliance, the auditor should obtain an understanding of:

 The nature of the possible noncompliance,

 The circumstances in which the act occurred, and

 Sufficient other information to allow the auditor to consider the effect on the financial statements.

 Investigations by regulatory agencies

 Payment of fines or penalties

 Excessive in relation to those ordinarily paid sales commissions or agent’s fees

 Purchases significantly above or below market prices

 Unusual transactions with companies in tax havens

 Unauthorized transactions

 Improperly reported transactions

 Negative comments in the media, including social media

 Existence of an information system that does not provide adequate trails or sufficient evidence

 Payments made to a country different from the one from which the goods or services originated

 Noncompliance with laws or regulations cited in reports of examinations by regulatory agencies that have been made available to the auditor

 Unusual payments in cash

 Large payments for unspecified services to consultants, related parties, affiliates, or employees or government employees or officials

 Failure to file tax returns or pay government duties or similar fees that are common to the entity’s industry or the nature of its business

(AU-C 250.A19)

If management or those charged with governance do not provide sufficient evidence to support the entity’s compliance, the auditor may consider consulting with the client’s legal counsel (with the client’s permission) or other specialists about applying relevant laws and regulations to the circumstances and the possible effects on the financial statements. (AU-C 250.A23)

Wiley Practitioner's Guide to GAAS 2020

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