Our
beloved Institute of Chartered Accountants of India(ICAI) is
the world’s 2nd biggest accounting body and the one with
constitutional powers of framing & governing accounting practices in India.
Ministry
of Corporate Affairs with its new proposal of NFRA has plans to take
away the two big powers of ICAI i.e,
- To set Accounting Standards.
- To take disciplinary action against its 2,20,000+ members who fail to comply with the standards set by the institute.
NFRA stands
for National Financial Reporting Authority which is proposed to be
set up under the new Companies Bill (i.e, Companies Bill of 2011). Though the
new Company Bill doesn’t state anything specifically about superseding
ICAI’s powers . But in the matter of Audit Accountability given
under Clause 5 (vi) (c) of Schedule VII {as given in page no. 296 of
Bill No. 121 of 2011}of the new Bill it proposes to set up NFRA, the clause is
as follows:
“National Advisory Committee
on Accounting and Auditing Standards (NACAS) proposed to be renamed as National
Financial Reporting Authority (NFRA) with a mandate to ensure monitoring and
compliance of accounting and auditing standards and to oversee quality of service
of professionals associated with compliance”
The
reading of the Accounting Professionals is that the NFRA will supersede ICAI
and ICAI is surely not happy with about the government encroaching on its
territory. ICAI President Shri . Jaydeep Narendra Shah is has not responded on
the issue till date.
However Shri.
Sachin Pilot , Minister of Corporate Affairs drew up by stating
that “ICAI and NFRA will co-exist. NFRA will be an overarching authority,
with a larger canvas to operate. NFRA will be a nodal agency for financial
reporting with quasi-judicial powers and the powers to suspend auditors. The
division of work between ICAI & NFRA will be spelt out once the bill
is passed in Rajya Sabha.”
The most famous multimillion accounting
fraud of Satyam Computer highlighted that the power of ICAI to take a
disciplinary action is limited just to individual auditors and doesn’t extended
to audit firms. NFRA if comes into force, will have the power to act
against audit firms is well.
The
bill also says that NFRA will be headed by a person “of eminence and having
expertise in accountancy, auditing, finance or law” and will be appointed by
the Central government ; there will be up to 15 full-time and part-time
members.
Stating
his view on the same Shri. N Venkatram, Partner with Deloitte
Haskins and Sons “My fear is that we are overregulating the profession.
The question is whether a third-party regulator will be fair and fearless.
There is some consternation among accounting professionals over the government
having a greater say in directing and regulating their profession. The new
provisions would raise a number of practical issues apart from questioning the
validity of the concept that a professional should be judged by his peers,”
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