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Ethics in Accounting
Rakesh Nadig H S, Dept. of Commerce 1
Accounting
Practice and body of knowledge concerned
primarily with Methods for recording
transactions
• Keeping financial records
• Performing internal audits
• Reporting and analyzing financial information
to the management, and
• Advising on taxation matters.
Rakesh Nadig H S, Dept. of Commerce 2
Role of Accountants
• The traditional external audit function
• Tax
• Corporate finance advice
• Finance, accounting and treasury functions in
industry and commerce
• Analysis & decision making for top level
management
Rakesh Nadig H S, Dept. of Commerce 3
Ethics
• The word ethics‘ is derived from the Greek
word ethos‘ which stands for character and
Latin word moras‘ which means customs.
• Ethics refers to a system of moral principles-a
sense of right and wrong and goodness and
badness of actions and their motives and
consequences
Rakesh Nadig H S, Dept. of Commerce 4
• Moral principles that govern a person's
behavior or the conducting of an activities.
• An area of study that deals with ideas about
what is good and bad behavior
• A branch of philosophy dealing with what is
morally right or wrong.
Rakesh Nadig H S, Dept. of Commerce 5
Ethics in Accounting
• For accounting and finance professionals it is
extremely important to be ethical in their
practices due to the very nature of their
profession.
• Accounting ethics is primarily a field of applied
ethics and is part of business ethics and human
ethics, the study of moral values and judgments
as they apply to accountancy. It is an example of
professional ethics
• Provides fair and accurate reporting of the
financial position of a business.
Rakesh Nadig H S, Dept. of Commerce 6
Importance of ethics in Accounting
• The nature of the work carried out by accountants
requires a high level of ethics
• Shareholders, potential shareholders, and other users of
the financial statements rely heavily on the yearly
financial statements of a company
• They rely on the opinion of the accountants who
prepared the statements, as well as the auditors that
verified it, to present a true and fair view of the
company
• accountants and auditors to overcome ethical issues,
allowing for the right choice that, although it may not
benefit the company, will benefit the public who relies
on the accountant/auditor’s reporting
Rakesh Nadig H S, Dept. of Commerce 7
Ethical issues
• Reporting False Income
• Underreporting Income
• Falsifying Documents
• Allowing or Taking Questionable Deductions
• Illegally Evading Income Taxes
• Engaging in Frauds
• Pressure on Employees
• Knowingly using or distributing a fake document
• Forging a signature
• Using official letterheads without authorization
Rakesh Nadig H S, Dept. of Commerce 8
Fraud in financial statement can be
committed in 5 ways
• Fictitious revenue-revenues not actually
earned
• Fraudulent Timing differences
• Concealed liabilities and expenses
• Fraudulent disclosures or Omissions
• Fraudulent asset valuation-false statement of
the inventory available
Rakesh Nadig H S, Dept. of Commerce 9
Harms of Unethical Environment
• Loss of Repute
• Loss of Company in monetary terms.
• Loss of Country
• Restrictions in International Markets
• Pressure on Organizational Stakeholders
Rakesh Nadig H S, Dept. of Commerce 10
How to make ethical Environment?
• Safeguards created by the profession, legislation
or regulation
• Educational, training and experience
requirements for entry into the profession
• Continuing professional development
requirements
• Corporate governance regulations
• Professional or regulatory monitoring and
disciplinary procedures
• External review by a third party of the reports,
returns, communications or information
produced by a professional accountant
Rakesh Nadig H S, Dept. of Commerce 11
• Leadership that stresses the importance of
independence and the expectation that
members of the teams will act in the public
interest
• Policies and procedures to implement and
monitor quality control of the engagements
• A regular monitoring of the accounting firms
• Reasonable trade-off between the degrees of
responsibility and the audit cost to society
Rakesh Nadig H S, Dept. of Commerce 12
Professional Ethics
Rakesh Nadig H S, Dept. of Commerce 13
Code of Ethics:
“Ya Esha Supteshu Jagruthi” – Eternal Vigilance
Rakesh Nadig H S, Dept. of Commerce 14
PART A: GENERAL APPLICATION OF
THE CODE
Introduction and Fundamental Principles - Section 100
• A Professional Accountant’s responsibility is not
exclusively to satisfy the needs of an individual
client or employer but also acting in the public
interest
• This Code is in three parts. Part A establishes the
fundamental principles of professional ethics for
Professional Accountants.
• Parts B and C illustrates how the conceptual
framework is to be applied in specific situations.
Rakesh Nadig H S, Dept. of Commerce 15
Fundamental Principles
Integrity – Section 110
• The principle of integrity imposes an
obligation on all professional accountants to
be straightforward and honest in both
Professional and Business relationships.
• Professional Accountant should not be
associated with reports, returns,
communications or other information where
they believe that the information:
Rakesh Nadig H S, Dept. of Commerce 16
Objectivity- Section 120
• The principle of objectivity imposes an
obligation on all Professional Accountants not
to compromise their professional or business
judgment because of bias, conflict of interest
or the undue influence of others
• Relationships that bias or unduly influence the
professional judgment of the professional
accountant should be avoided.
Rakesh Nadig H S, Dept. of Commerce 17
Professional Competence and Due
Care – Section 130
• To maintain professional knowledge and skill at
the level required to ensure that clients or
employers receive competent professional service;
and
• To act diligently in accordance with applicable
technical and professional standards.
• Competent professional service requires the
exercise of sound judgment in applying
professional knowledge and skill in the
performance of such service
Rakesh Nadig H S, Dept. of Commerce 18
Confidentiality- Section 140
• The principle of confidentiality imposes an
obligation on professional accountants to refrain
disclosing outside the firm or employing
organization confidential information
• Maintain confidentiality of information disclosed
by a prospective client or employer.
• Consider the need to maintain confidentiality of
information within the firm or employing
organization.
Rakesh Nadig H S, Dept. of Commerce 19
Professional Behavior- Section 150
• Imposes an obligation on professional
accountants to comply with relevant laws and
regulations and avoid any action that may
bring discredit to the profession.
• Professional accountants should not bring the
profession into disrepute. Professional
accountants should be honest and truthful
Rakesh Nadig H S, Dept. of Commerce 20
Part B: Professional Accountants In
Public Practice
Introduction – Section 200
This Part of the Code illustrates how the
conceptual framework contained in Part A is to
be applied by professional accountants in public
practice
Rakesh Nadig H S, Dept. of Commerce 21
Threats and Safeguards
• Self-Interest
• Intimidation
• Familiarity
• Advocacy
• Self-Review
Rakesh Nadig H S, Dept. of Commerce 22
PART C: PROFESSIONAL ACCOUNTANTS IN
BUSINESS
Introduction – Section 300
This Part of the Code illustrates the application
of conceptual framework contained in Part A to
Professional Accountants in Business.
Rakesh Nadig H S, Dept. of Commerce 23
Meaning of Ethical Theories
• Ethical principles to address various problems
• Foundations of ethical analysis
• Principles are directed towards common goals
• Answers ethical dilemma
• Ethical guidelines for decision making
Classifications
• Teleological - Consequential
• Deontological – Means and process
• Hybrid (Ethical Egoism) – Self centered
• Concept of virtue – only by virtue
• Concept of care – Normative theory
Teleological - Utilitarianism
• Greek – Telos – end or consequence
• Doctrine of final cause
• Utilitarianism – action should result in
greatest possible balance of good/evil
• Ability to predict consequences of action
• Greatest benefit to most people
Deontology
• Greek ‘Deon’ – Duty
• Act on certain principles and rules regardless
of outcome
• Religious deontology – divine commandments
• Immanuel Kant – 1788
• Secular deontological moral theory
• Theory for human reasons
• Differ from utilitarianism
Hybrid Theory
Ethical Egoism
• Normative position that a moral agent ought
to do what is in their own interest
• We ought to do in our self interest even
though we have conflict with others because
we value it most.
• Differ from psychological egoism – people can
only act in their self interest
• Differ from rational egoism – it is rational act
in one’s self interest
Virtue Ethics
Aristotle’s Nicomachien Ethics
• Ancient Greek
• Defines concept of virtue
• List of virtues
• Justification to virtues and vices
• Virtue is a character or trait that manifests
itself in habitual action.
• Virtues are excellence of human conduct.
• Qualities to lead a better life
Theory of care
• Against to universal theories
• Developed by feminists
• Opposed universal standards
• Universal standards are morally problematic and crate
blindness
Beliefs:
• All individuals are interdependent to achieve the goal
• Extra consideration for vulnerable people who are
affected by our choices
• Necessary to safeguard the interest of people who are
involved
Window Dressing
• Window dressing is a technique used by
companies and financial managers to
manipulate financial statements and reports
to show more favorable results for a period.
• window dressing is illegal or fraudulent, it is
slightly dishonest and is usually done to
mislead investors.
• Window dressing refers to actions taken or
not taken prior to issuing Financial
Statements in order to improve the
appearance of the financial statements.
Rakesh Nadig H S, Dept. of Commerce 31
• Difficult to detect – Involvement of higher
management
• Used to attract potential investors
• Window dressing is probably most commonly
found in investment brokers and mutual fund
houses. Mutual fund managers often sell off
poor performing stock and other investments
near the end of a period and use the money
to buy high performing stock.
Rakesh Nadig H S, Dept. of Commerce 32
Objectives
• To present better financial and liquidity position of
the business by showing increase in revenue and
profitability
• To attract potential investors by over-stating
profitability of business
• To avoid higher taxes to be paid on the income of the
business by showing low profits.
• To avail credit and loans by banks or financial
institution by showing a healthy financials with
repayment capability.
• To increase the share value in market by attracting
investors sentiments and to build up trust of the
stakeholders in the business performance.
Rakesh Nadig H S, Dept. of Commerce 33
Methods
• Creation of Secret Reserve
• Showing contingent liabilities as actual
liabilities
• Under-valuation and Over-valuation of
inventories
• Switching to different method of depreciation
• Selling off fixed assets
• Postponing cash payment
Rakesh Nadig H S, Dept. of Commerce 34
Creative accounting
• Accounting practices that follow required laws
and regulations, but deviate from what those
standards intend to accomplish
• Creative accounting capitalizes on loopholes in
the- accounting standards to falsely portray a
better image of the company
• creative accounting practices are legal, the
loopholes they exploit are often reformed to
prevent such behaviors
• when firms indulge in creative accounting they
often distort the value of the information that
their financials provide
Rakesh Nadig H S, Dept. of Commerce 35
Reasons
• Income Relaxing
• Survive from Bankruptcy
• More Profit
• Pay Less Tax
• Boost the Share Price
• To increase (fake) transaction
• To Attract Investor
• Boost Assets to avoid Takeover
Rakesh Nadig H S, Dept. of Commerce 36
Practices
• Allow company to choose between different
accounting methods
• Artificial transactions can be used to manipulate
balance sheet
• Genuine transactions can be timed to give desired
impression in the accounts
• Overstatements of Assets
• Adjustment in the capital employed o Movement in
inventory
• Manipulating the value of goodwill and intangibles
Rakesh Nadig H S, Dept. of Commerce 37
Advantages
• Innovative way of accounting
• Follow rules and regulation
• Financial Position looks healthier
Rakesh Nadig H S, Dept. of Commerce 38
Disadvantages
• Deviates from law
• Misleading financial statemenst
Rakesh Nadig H S, Dept. of Commerce 39
Insider trading
• Insider is the person who is “connected” with
the company , who could have the
unpublished price sensitive information
• The legal version is when corporate insiders—
officers, directors, and employees— buy and
sell stock in their own companies.
Rakesh Nadig H S, Dept. of Commerce 40
• Illegal insider trading refers generally to
buying or selling a security, in breach of a
fiduciary duty or other relationship of trust
and confidence
• Insider trading violations may also include
“tilting” such information
Rakesh Nadig H S, Dept. of Commerce 41
Connected Person
• Any person who is or has been associated
with company, in any manner, during the six
months prior to the concerned act:
• An immediate relative to the connected
person.
• A banker of the company.
• An official of stock Exchange or of clearing
corporation.
• A holding/associate/subsidiary company.
Rakesh Nadig H S, Dept. of Commerce 42
What Includes Insider Trading
• Subscribing
• Dealing
• Buying
• Selling
Rakesh Nadig H S, Dept. of Commerce 43
Governing Regulation
• SEBI Act – 1992
• SEBI (Insider Trading) Regulation – 1992
• SEBI (Amendment) Act – 2011
• SEBI prohibition of Insider Trading regulation
1995.
• Section 11(2) E of companies act 1956
prohibits the insider trading.
Rakesh Nadig H S, Dept. of Commerce 44
Need for Prohibition of Insider Trading
• Fair and Transparent.
• To have a Level Playing Field for all the
participants in the market.
• For free flow of information and avoid
information irregularity.
Rakesh Nadig H S, Dept. of Commerce 45
HLL-BROOKBOND LIPTON INDIA LTD
• The case primarily involves 4 parties namely
Unit Trust of India(UTI),Hindustan Lever
Limited(HLL),Brooke Bond Lipton India Limited
(BBLIL)and Securities &Exchange Board of
India (SEBI).
• EBI , suspecting insider trading, conducted
enquiries.
• In August 1997 , SEBI charged HLL of insider
trading by using Unpublished Price-Sensitive
Information.
Rakesh Nadig H S, Dept. of Commerce 46
• HLL bought 8 lakh shares of BBLIL from UTI at
Rs.350.35 per share (At a premium of 9.5% of
ruling market price of Rs.320) just two weeks
before the formal announcement knowing
that the HLL and BBLIL were going to merge.
• SEBI penalized HLL with Rs. 34 million in
compensation, and also initiated criminal
proceedings against the five directors of HLL
and BBLIL.
Rakesh Nadig H S, Dept. of Commerce 47
Campaign financing
• Campaign finance refers to all funds raised in
order to promote candidates, political parties,
or policies in elections, referendums,
initiatives, party activities
Rakesh Nadig H S, Dept. of Commerce 48
Whistle Blowing
• Release of information by a member or former
employee of an organization that is evidence
of illegal and or immoral conduct in the
organisation or conduct in the organisation.
• Whistle Blowing can only be done by an
member in the organisation not a witness of a
crime or a reporter.
Rakesh Nadig H S, Dept. of Commerce 49
• Whistle Blowing is something that can be
done only by a member or former member of
an organisation
• It must be an Information that is not available
for public
Rakesh Nadig H S, Dept. of Commerce 50
Types
• Internal Whistle- Blowing - When an individual
advocates beliefs or revelations within the
organization.
• External Whistle Blowing - When and
individual advocates beliefs or revelations
outside the organization.
Rakesh Nadig H S, Dept. of Commerce 51
Conditions of Justified Whistle Blowing
• Situation of sufficient moral importance:
• Situation when all facts of information are
properly understood with their significance:
• Best way to Blow the Whistle :
Rakesh Nadig H S, Dept. of Commerce 52
WHISTLE BLOWERS PROTECTION ACT
2011
• Act of the Parliament of India which provides
a mechanism to investigate alleged corruption
and misuse of power by public servants and
also protect anyone who exposes alleged
wrongdoing in government bodies, projects
and offices.
Rakesh Nadig H S, Dept. of Commerce 53
Benefits
• Benefit in learning mistakes and problems in
early stage itself.
• Shows companies commitment towards good
ethics and ethical corporate climate.
Rakesh Nadig H S, Dept. of Commerce 54
Dangers
• Legitimate complaints sends wrong signal to
other employees to whistle blow in case of
tension or strike.
• Employee may go outside of normal
communication channel which is undesirable.
Rakesh Nadig H S, Dept. of Commerce 55
Ethics in IFRS
• In Financial reporting it ensure that all users
of financial systems must know the generally
accepted accounting principles (GAAP).
• Ethics in financial reporting is basic
requirement
• It creates credibility with public and
employees
Rakesh Nadig H S, Dept. of Commerce 56
• Most accounting scandals have taken place on
fraudulent financial reporting. It means that
the management of company presents the
misstatement of the financial statements
• It is carried out with the intention of
misleading investors and maintaining the
company's share price
Rakesh Nadig H S, Dept. of Commerce 57
ETHICAL ISSUES IN ACCOUNTING AND
FINANCIAL REPORTING
• Financial reporting is deceitful –
The management of company is an intentionally
misapplication of amount with intent to
deceive the investors and showing fake the
company's share price.
Rakesh Nadig H S, Dept. of Commerce 58
• Assets misappropriation –
Assets Misappropriation by use of company
assets other than company interests for any
other purpose.
• Full Disclosure:
Sometime information is not disclosed in a
prescribed way with GAAP and accounts are not
prepared with honesty then it is to be
considered financial reporting is a fraudulent
activities
Rakesh Nadig H S, Dept. of Commerce 59
SOLUTION ETHICAL ISSUES RELATING TO
FINANCIAL REPORTING AND ACCOUNTING
• Proper evidenced based approach:
• Significance of consistency:
• Involvement in information technology
system:
• Management and internal supports:
Rakesh Nadig H S, Dept. of Commerce 60
Case Studies
• Freddie Mac - Misstated Earning - $5 Billion
• TYCO - $500 Million Inflated Income $150
Million
• Health South - Inflated Earning $1.4 billion
• Bernie Madoff - Ponzi Scheme of $64.8 Billion
• Satyam IT - Falsely Boost Revenue $1.5 billion
Rakesh Nadig H S, Dept. of Commerce 61

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Ethics in Accounting

  • 1. Ethics in Accounting Rakesh Nadig H S, Dept. of Commerce 1
  • 2. Accounting Practice and body of knowledge concerned primarily with Methods for recording transactions • Keeping financial records • Performing internal audits • Reporting and analyzing financial information to the management, and • Advising on taxation matters. Rakesh Nadig H S, Dept. of Commerce 2
  • 3. Role of Accountants • The traditional external audit function • Tax • Corporate finance advice • Finance, accounting and treasury functions in industry and commerce • Analysis & decision making for top level management Rakesh Nadig H S, Dept. of Commerce 3
  • 4. Ethics • The word ethics‘ is derived from the Greek word ethos‘ which stands for character and Latin word moras‘ which means customs. • Ethics refers to a system of moral principles-a sense of right and wrong and goodness and badness of actions and their motives and consequences Rakesh Nadig H S, Dept. of Commerce 4
  • 5. • Moral principles that govern a person's behavior or the conducting of an activities. • An area of study that deals with ideas about what is good and bad behavior • A branch of philosophy dealing with what is morally right or wrong. Rakesh Nadig H S, Dept. of Commerce 5
  • 6. Ethics in Accounting • For accounting and finance professionals it is extremely important to be ethical in their practices due to the very nature of their profession. • Accounting ethics is primarily a field of applied ethics and is part of business ethics and human ethics, the study of moral values and judgments as they apply to accountancy. It is an example of professional ethics • Provides fair and accurate reporting of the financial position of a business. Rakesh Nadig H S, Dept. of Commerce 6
  • 7. Importance of ethics in Accounting • The nature of the work carried out by accountants requires a high level of ethics • Shareholders, potential shareholders, and other users of the financial statements rely heavily on the yearly financial statements of a company • They rely on the opinion of the accountants who prepared the statements, as well as the auditors that verified it, to present a true and fair view of the company • accountants and auditors to overcome ethical issues, allowing for the right choice that, although it may not benefit the company, will benefit the public who relies on the accountant/auditor’s reporting Rakesh Nadig H S, Dept. of Commerce 7
  • 8. Ethical issues • Reporting False Income • Underreporting Income • Falsifying Documents • Allowing or Taking Questionable Deductions • Illegally Evading Income Taxes • Engaging in Frauds • Pressure on Employees • Knowingly using or distributing a fake document • Forging a signature • Using official letterheads without authorization Rakesh Nadig H S, Dept. of Commerce 8
  • 9. Fraud in financial statement can be committed in 5 ways • Fictitious revenue-revenues not actually earned • Fraudulent Timing differences • Concealed liabilities and expenses • Fraudulent disclosures or Omissions • Fraudulent asset valuation-false statement of the inventory available Rakesh Nadig H S, Dept. of Commerce 9
  • 10. Harms of Unethical Environment • Loss of Repute • Loss of Company in monetary terms. • Loss of Country • Restrictions in International Markets • Pressure on Organizational Stakeholders Rakesh Nadig H S, Dept. of Commerce 10
  • 11. How to make ethical Environment? • Safeguards created by the profession, legislation or regulation • Educational, training and experience requirements for entry into the profession • Continuing professional development requirements • Corporate governance regulations • Professional or regulatory monitoring and disciplinary procedures • External review by a third party of the reports, returns, communications or information produced by a professional accountant Rakesh Nadig H S, Dept. of Commerce 11
  • 12. • Leadership that stresses the importance of independence and the expectation that members of the teams will act in the public interest • Policies and procedures to implement and monitor quality control of the engagements • A regular monitoring of the accounting firms • Reasonable trade-off between the degrees of responsibility and the audit cost to society Rakesh Nadig H S, Dept. of Commerce 12
  • 13. Professional Ethics Rakesh Nadig H S, Dept. of Commerce 13
  • 14. Code of Ethics: “Ya Esha Supteshu Jagruthi” – Eternal Vigilance Rakesh Nadig H S, Dept. of Commerce 14
  • 15. PART A: GENERAL APPLICATION OF THE CODE Introduction and Fundamental Principles - Section 100 • A Professional Accountant’s responsibility is not exclusively to satisfy the needs of an individual client or employer but also acting in the public interest • This Code is in three parts. Part A establishes the fundamental principles of professional ethics for Professional Accountants. • Parts B and C illustrates how the conceptual framework is to be applied in specific situations. Rakesh Nadig H S, Dept. of Commerce 15
  • 16. Fundamental Principles Integrity – Section 110 • The principle of integrity imposes an obligation on all professional accountants to be straightforward and honest in both Professional and Business relationships. • Professional Accountant should not be associated with reports, returns, communications or other information where they believe that the information: Rakesh Nadig H S, Dept. of Commerce 16
  • 17. Objectivity- Section 120 • The principle of objectivity imposes an obligation on all Professional Accountants not to compromise their professional or business judgment because of bias, conflict of interest or the undue influence of others • Relationships that bias or unduly influence the professional judgment of the professional accountant should be avoided. Rakesh Nadig H S, Dept. of Commerce 17
  • 18. Professional Competence and Due Care – Section 130 • To maintain professional knowledge and skill at the level required to ensure that clients or employers receive competent professional service; and • To act diligently in accordance with applicable technical and professional standards. • Competent professional service requires the exercise of sound judgment in applying professional knowledge and skill in the performance of such service Rakesh Nadig H S, Dept. of Commerce 18
  • 19. Confidentiality- Section 140 • The principle of confidentiality imposes an obligation on professional accountants to refrain disclosing outside the firm or employing organization confidential information • Maintain confidentiality of information disclosed by a prospective client or employer. • Consider the need to maintain confidentiality of information within the firm or employing organization. Rakesh Nadig H S, Dept. of Commerce 19
  • 20. Professional Behavior- Section 150 • Imposes an obligation on professional accountants to comply with relevant laws and regulations and avoid any action that may bring discredit to the profession. • Professional accountants should not bring the profession into disrepute. Professional accountants should be honest and truthful Rakesh Nadig H S, Dept. of Commerce 20
  • 21. Part B: Professional Accountants In Public Practice Introduction – Section 200 This Part of the Code illustrates how the conceptual framework contained in Part A is to be applied by professional accountants in public practice Rakesh Nadig H S, Dept. of Commerce 21
  • 22. Threats and Safeguards • Self-Interest • Intimidation • Familiarity • Advocacy • Self-Review Rakesh Nadig H S, Dept. of Commerce 22
  • 23. PART C: PROFESSIONAL ACCOUNTANTS IN BUSINESS Introduction – Section 300 This Part of the Code illustrates the application of conceptual framework contained in Part A to Professional Accountants in Business. Rakesh Nadig H S, Dept. of Commerce 23
  • 24. Meaning of Ethical Theories • Ethical principles to address various problems • Foundations of ethical analysis • Principles are directed towards common goals • Answers ethical dilemma • Ethical guidelines for decision making
  • 25. Classifications • Teleological - Consequential • Deontological – Means and process • Hybrid (Ethical Egoism) – Self centered • Concept of virtue – only by virtue • Concept of care – Normative theory
  • 26. Teleological - Utilitarianism • Greek – Telos – end or consequence • Doctrine of final cause • Utilitarianism – action should result in greatest possible balance of good/evil • Ability to predict consequences of action • Greatest benefit to most people
  • 27. Deontology • Greek ‘Deon’ – Duty • Act on certain principles and rules regardless of outcome • Religious deontology – divine commandments • Immanuel Kant – 1788 • Secular deontological moral theory • Theory for human reasons • Differ from utilitarianism
  • 28. Hybrid Theory Ethical Egoism • Normative position that a moral agent ought to do what is in their own interest • We ought to do in our self interest even though we have conflict with others because we value it most. • Differ from psychological egoism – people can only act in their self interest • Differ from rational egoism – it is rational act in one’s self interest
  • 29. Virtue Ethics Aristotle’s Nicomachien Ethics • Ancient Greek • Defines concept of virtue • List of virtues • Justification to virtues and vices • Virtue is a character or trait that manifests itself in habitual action. • Virtues are excellence of human conduct. • Qualities to lead a better life
  • 30. Theory of care • Against to universal theories • Developed by feminists • Opposed universal standards • Universal standards are morally problematic and crate blindness Beliefs: • All individuals are interdependent to achieve the goal • Extra consideration for vulnerable people who are affected by our choices • Necessary to safeguard the interest of people who are involved
  • 31. Window Dressing • Window dressing is a technique used by companies and financial managers to manipulate financial statements and reports to show more favorable results for a period. • window dressing is illegal or fraudulent, it is slightly dishonest and is usually done to mislead investors. • Window dressing refers to actions taken or not taken prior to issuing Financial Statements in order to improve the appearance of the financial statements. Rakesh Nadig H S, Dept. of Commerce 31
  • 32. • Difficult to detect – Involvement of higher management • Used to attract potential investors • Window dressing is probably most commonly found in investment brokers and mutual fund houses. Mutual fund managers often sell off poor performing stock and other investments near the end of a period and use the money to buy high performing stock. Rakesh Nadig H S, Dept. of Commerce 32
  • 33. Objectives • To present better financial and liquidity position of the business by showing increase in revenue and profitability • To attract potential investors by over-stating profitability of business • To avoid higher taxes to be paid on the income of the business by showing low profits. • To avail credit and loans by banks or financial institution by showing a healthy financials with repayment capability. • To increase the share value in market by attracting investors sentiments and to build up trust of the stakeholders in the business performance. Rakesh Nadig H S, Dept. of Commerce 33
  • 34. Methods • Creation of Secret Reserve • Showing contingent liabilities as actual liabilities • Under-valuation and Over-valuation of inventories • Switching to different method of depreciation • Selling off fixed assets • Postponing cash payment Rakesh Nadig H S, Dept. of Commerce 34
  • 35. Creative accounting • Accounting practices that follow required laws and regulations, but deviate from what those standards intend to accomplish • Creative accounting capitalizes on loopholes in the- accounting standards to falsely portray a better image of the company • creative accounting practices are legal, the loopholes they exploit are often reformed to prevent such behaviors • when firms indulge in creative accounting they often distort the value of the information that their financials provide Rakesh Nadig H S, Dept. of Commerce 35
  • 36. Reasons • Income Relaxing • Survive from Bankruptcy • More Profit • Pay Less Tax • Boost the Share Price • To increase (fake) transaction • To Attract Investor • Boost Assets to avoid Takeover Rakesh Nadig H S, Dept. of Commerce 36
  • 37. Practices • Allow company to choose between different accounting methods • Artificial transactions can be used to manipulate balance sheet • Genuine transactions can be timed to give desired impression in the accounts • Overstatements of Assets • Adjustment in the capital employed o Movement in inventory • Manipulating the value of goodwill and intangibles Rakesh Nadig H S, Dept. of Commerce 37
  • 38. Advantages • Innovative way of accounting • Follow rules and regulation • Financial Position looks healthier Rakesh Nadig H S, Dept. of Commerce 38
  • 39. Disadvantages • Deviates from law • Misleading financial statemenst Rakesh Nadig H S, Dept. of Commerce 39
  • 40. Insider trading • Insider is the person who is “connected” with the company , who could have the unpublished price sensitive information • The legal version is when corporate insiders— officers, directors, and employees— buy and sell stock in their own companies. Rakesh Nadig H S, Dept. of Commerce 40
  • 41. • Illegal insider trading refers generally to buying or selling a security, in breach of a fiduciary duty or other relationship of trust and confidence • Insider trading violations may also include “tilting” such information Rakesh Nadig H S, Dept. of Commerce 41
  • 42. Connected Person • Any person who is or has been associated with company, in any manner, during the six months prior to the concerned act: • An immediate relative to the connected person. • A banker of the company. • An official of stock Exchange or of clearing corporation. • A holding/associate/subsidiary company. Rakesh Nadig H S, Dept. of Commerce 42
  • 43. What Includes Insider Trading • Subscribing • Dealing • Buying • Selling Rakesh Nadig H S, Dept. of Commerce 43
  • 44. Governing Regulation • SEBI Act – 1992 • SEBI (Insider Trading) Regulation – 1992 • SEBI (Amendment) Act – 2011 • SEBI prohibition of Insider Trading regulation 1995. • Section 11(2) E of companies act 1956 prohibits the insider trading. Rakesh Nadig H S, Dept. of Commerce 44
  • 45. Need for Prohibition of Insider Trading • Fair and Transparent. • To have a Level Playing Field for all the participants in the market. • For free flow of information and avoid information irregularity. Rakesh Nadig H S, Dept. of Commerce 45
  • 46. HLL-BROOKBOND LIPTON INDIA LTD • The case primarily involves 4 parties namely Unit Trust of India(UTI),Hindustan Lever Limited(HLL),Brooke Bond Lipton India Limited (BBLIL)and Securities &Exchange Board of India (SEBI). • EBI , suspecting insider trading, conducted enquiries. • In August 1997 , SEBI charged HLL of insider trading by using Unpublished Price-Sensitive Information. Rakesh Nadig H S, Dept. of Commerce 46
  • 47. • HLL bought 8 lakh shares of BBLIL from UTI at Rs.350.35 per share (At a premium of 9.5% of ruling market price of Rs.320) just two weeks before the formal announcement knowing that the HLL and BBLIL were going to merge. • SEBI penalized HLL with Rs. 34 million in compensation, and also initiated criminal proceedings against the five directors of HLL and BBLIL. Rakesh Nadig H S, Dept. of Commerce 47
  • 48. Campaign financing • Campaign finance refers to all funds raised in order to promote candidates, political parties, or policies in elections, referendums, initiatives, party activities Rakesh Nadig H S, Dept. of Commerce 48
  • 49. Whistle Blowing • Release of information by a member or former employee of an organization that is evidence of illegal and or immoral conduct in the organisation or conduct in the organisation. • Whistle Blowing can only be done by an member in the organisation not a witness of a crime or a reporter. Rakesh Nadig H S, Dept. of Commerce 49
  • 50. • Whistle Blowing is something that can be done only by a member or former member of an organisation • It must be an Information that is not available for public Rakesh Nadig H S, Dept. of Commerce 50
  • 51. Types • Internal Whistle- Blowing - When an individual advocates beliefs or revelations within the organization. • External Whistle Blowing - When and individual advocates beliefs or revelations outside the organization. Rakesh Nadig H S, Dept. of Commerce 51
  • 52. Conditions of Justified Whistle Blowing • Situation of sufficient moral importance: • Situation when all facts of information are properly understood with their significance: • Best way to Blow the Whistle : Rakesh Nadig H S, Dept. of Commerce 52
  • 53. WHISTLE BLOWERS PROTECTION ACT 2011 • Act of the Parliament of India which provides a mechanism to investigate alleged corruption and misuse of power by public servants and also protect anyone who exposes alleged wrongdoing in government bodies, projects and offices. Rakesh Nadig H S, Dept. of Commerce 53
  • 54. Benefits • Benefit in learning mistakes and problems in early stage itself. • Shows companies commitment towards good ethics and ethical corporate climate. Rakesh Nadig H S, Dept. of Commerce 54
  • 55. Dangers • Legitimate complaints sends wrong signal to other employees to whistle blow in case of tension or strike. • Employee may go outside of normal communication channel which is undesirable. Rakesh Nadig H S, Dept. of Commerce 55
  • 56. Ethics in IFRS • In Financial reporting it ensure that all users of financial systems must know the generally accepted accounting principles (GAAP). • Ethics in financial reporting is basic requirement • It creates credibility with public and employees Rakesh Nadig H S, Dept. of Commerce 56
  • 57. • Most accounting scandals have taken place on fraudulent financial reporting. It means that the management of company presents the misstatement of the financial statements • It is carried out with the intention of misleading investors and maintaining the company's share price Rakesh Nadig H S, Dept. of Commerce 57
  • 58. ETHICAL ISSUES IN ACCOUNTING AND FINANCIAL REPORTING • Financial reporting is deceitful – The management of company is an intentionally misapplication of amount with intent to deceive the investors and showing fake the company's share price. Rakesh Nadig H S, Dept. of Commerce 58
  • 59. • Assets misappropriation – Assets Misappropriation by use of company assets other than company interests for any other purpose. • Full Disclosure: Sometime information is not disclosed in a prescribed way with GAAP and accounts are not prepared with honesty then it is to be considered financial reporting is a fraudulent activities Rakesh Nadig H S, Dept. of Commerce 59
  • 60. SOLUTION ETHICAL ISSUES RELATING TO FINANCIAL REPORTING AND ACCOUNTING • Proper evidenced based approach: • Significance of consistency: • Involvement in information technology system: • Management and internal supports: Rakesh Nadig H S, Dept. of Commerce 60
  • 61. Case Studies • Freddie Mac - Misstated Earning - $5 Billion • TYCO - $500 Million Inflated Income $150 Million • Health South - Inflated Earning $1.4 billion • Bernie Madoff - Ponzi Scheme of $64.8 Billion • Satyam IT - Falsely Boost Revenue $1.5 billion Rakesh Nadig H S, Dept. of Commerce 61