SARS' Access to Working Papers
Presenters : Caryn Maitland CA(SA)
Overview
Accountants, auditors and accounting officers do not have exclusive rights to their working papers!
There are third parties who have the right of access to these practitioners' working papers, depending on the circumstances of course. It is increasingly becoming common for third parties like SARS, CIPC and professional bodies to ask for working papers. Other third parties include SAPS, the Hawks and clients' attorneys.
What are the accountant's or auditor's rights and obligations when a third party knocks on the door requesting to see their working papers? What is lawful, reasonable, and procedurally fair?
This webinar discusses how one can protect their client's working papers from unwarranted access and also explains under what conditions working papers have to be handed over.
Learning objectives
By the end of this webinar the participant should:
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Understand who has ownership to clients' working papers;
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Understand their rights and obligations when granting access to working papers;
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Know circumstances where access to working papers is required by law;
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Know circumstances where access to working papers is in compliance with reporting standards; and
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Understand potential risks when granting third parties access to working papers.
Content
The webinar will cover the following topics:
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Working papers ownership?
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The client's right to confidentiality.
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When to grant access to third parties:
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Professional body compliance requirements.
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Required in terms of legislation e.g POPIA and the Tax Administration Act
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As required by SAPS, the Hawks, CIPC, SARS or foreign jurisdictions.
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Compliance with International Standards and Codes of Professional Conduct.
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As required by internal staff and successor practitioners.
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Required in terms of a contractual agreements.
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When and how to deny access to working papers.
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Potential risks regarding access.
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Policies and procedures regarding access:
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Engagement letters.
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Client authorisation letters.
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Third party acknowledgements.
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Extracts from sections 176, and 213 of the Companies Act, 2008.
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Extracts from sections 46 and 241 of the Tax Administration Act, 2011.
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Latest publications and notices on access to working papers.
