Kenneth Morrison on Corporate Governance in Asia

In this clip from the 2014 PLUS Hong Kong Professional Liability Regional Symposium, Kenneth Morrison of Mazars CPA Limited looks at the importance of good corporate governance the key items to loo…

Source: plusblog.org

The Danger Of Liability Arising From Risk Management For All And Everything And Nothing By Everyone

Have you noticed the plethora of risk management and uncertainty commentators? By far the great majority of the comments and guidelines essentially are outlines to help you organize and focus your risk management processes.

For example, the new February 12, 2014, National Institute of Standards and Technology (NIST) Framework for Improving Critical Infrastructure Cybersecurity by itself doesn’t identify, suggest or implement any particular action for your computer system or equipment that will prevent hacking. And isn’t that along with monitoring hacking and hacks and timely responding and resolving them what you are really interested in for safety?

But in addition to providing outlines for risk management processes the comments and guidelines create potential or actual rather vague, unspecific standards of care to be followed with the potential for criticism or liability if you don’t. The result is useful not only for risk management but also for people who want to criticize and for plaintiff attorneys including for punitive damage claims. See my prior post Rise of the Processes, http://tatetalk.com/2014/05/03/rise-of-the-processes.

What should you do? Learn and keep on top of the risk and uncertainty management processes that apply to your activities, business and industry, and apply them. That’s really the only solution. Ignore risk and uncertainty management at your own risk.

Is it safe yet?  Dave Tate, Esq. (San Francisco / California)

Insurers in Dash for Expertise to Master Cyber Risk Insurance

Insurers are eagerly eyeing exponential growth in the tiny cyber coverage market but their lack of experience and skills handling hackers and data breaches

Source: www.insurancejournal.com

A useful and fairly detailed article about the state of insurance policies and coverage for cyber hacking.

Guest Post: Mergers, Acquisitions, and Data Privacy: The FTC is Watching | The D&O Diary

The question of the privacy rights of consumers is an increasingly important topic. In the following guest post, Bill Boeck, Senior Vice President. Insuran

Source: www.dandodiary.com

Excellent discussion. Sale of a business could violate the privacy rights of consumers where the business has represented that it will not share or sell consumer data.

Dave Tate, Esq.

Six ways not-for-profits can get value from risk management

Source: www.cgma.org

Just based on intuition, yes I would assume that many, perhaps most nonprofits are not involved or sufficiently involved in risk management.  The article states that nonprofits should follow a framework:


“Follow a risk management framework. The 2004 ERM Framework created by the Committee of Sponsoring Organizations of the Treadway Commission (COSO, which includes the AICPA), is one such framework. The International Organization for Standardization’s ISO 31000 is another.”

But considering the length and complexity of the COSO and ISO 31000 materials, many nonprofits might want to consider following a more direct framework such as my 1-page outline which you will find in the About section of my blog at http://tatetalk.com.

The most important thing is to get started – start small or reasonable identifying and addressing the most pressing risks and build up from there.

Where are we now? – Audit & Risk

Source: auditandrisk.org.uk

Good article about internal audit.  I have long said that internal audit needs to prove and improve itself to become more relevant and useful to management, boards and audit and risk committees, and that governing or professional internal audit entities and associations need to lead the way.  But the usefulness of only spotting and reporting issues, risks and problems is limited as solutions are needed.  Dave Tate, Esq. 

Audit Committee Members Going Back To School – New Revenue Recognition Rules

Have you taken a look at the new FASB / IASB revenue recognition accounting pronouncement entitled Revenue from Contracts with Customers, Topic 606 which was just released?

Accountants and audit committee members will be going back to school as the pronouncement essentially re-writes the revenue recognition rules effective for US public companies for annual reporting periods beginning after December 15, 2016, and for other entities shortly thereafter.

The new revenue reporting standards apply for both US and international entities thus providing for comparability in that regard. The new standards return the US to more principles based accounting, similar in a sense to the more principles based accounting that existed when I first became a CPA. Of course US accounting standards thereafter became more and more specific as the principles based standards were deemed too flexible or vague.

The new pronouncement applies to all contracts with customers except for the list of specific revenue recognition pronouncements which will continue to remain and are listed at pages 17 and 18 of the pronouncement such as for certain lease contracts, financial instruments, investments, receivables and a few other areas.

This new revenue recognition pronouncement really is a sea change. Certainly not everything relating to revenue recognition is changing, but definitely there are enough changes to require accounting professionals and audit committee members to go back to school.

I don’t believe returning to a more principles approach is better, but perhaps it also isn’t worse. It’s definitely a major change. As the new approach does away with some of the existing specifics, and is based more on judgment it is arguable that in some instances it can hurt comparability and consistence between entities and industries.

We should also note that the new pronouncement is expected to require much greater and specific disclosures than currently exist.

I believe that the powers that be primarily enacted the new pronouncement because it moves the US and international standards into conformity, which is a good thing. But as a result, during the next 5 or more years there will be a lot of questions with how to implement, and I expect as in the past more detailed and specific guidance and pronouncements will again be enacted.

Audit committee members and accountants need to make sure that they are up to speed.

There will be a lot more to follow in this topic. Thanks for listening.

Dave Tate, Esq. (San Francisco / California) litigation attorney, and also board member and inactive CPA with experience in audit committees, risk management, governance and compliance.

Captain Phillips strikes back: Off Horn of Africa, pirates go bye-bye

Mohamed Abdi Hassan, another notorious pirate nicknamed Afweyne, or “Big Mouth,” said earlier he was getting out of the game. Things are changing in East Africa’s high-profile pirate business: A combination of greater force at sea and swifter justice on land means the bottom has fallen out of the kind of Somali piracy vividly depicted in “Captain Phillips,” the 2013 film about the hijacking of the Maersk Alabama. “With a few very small exceptions, we’ve had two years now without any successful piracy attacks,” says Alan Cole, regional coordinator of the maritime crime program for the United Nations Office on Drugs and Crime (UNODC).

Source: news.yahoo.com

Lesson confirmed, right? Risk management, and have the will and ability to fight back and win.

Dave Tate, Esq. (San Francisco / California)

How Boards Can Strengthen the Risk Oversight Dialogue With Management « NACD Blog

Source: blog.nacdonline.org

Another indication that the NACD is onboard with board risk management oversight.  Can NACD guidance be used to establish board standards of care?  If you are on a board, or a board risk committee, or an audit committee that has been delegated risk management oversight responsibilities, you need to keep on top of these developments, but the numbers of risk management commentators are difficult to keep up with.

 

Dave Tate, Esq.

12 Revenue Recognition Concerns – AICPA Insights

Many preparers and practitioners have been anxiously awaiting the new, converged revenue recognition standard for quite some time. The standard was released by the Financial Accounting Standards Board and the International Accounting Standards Board on May 28. How can we prepare for a smooth transition to the new standard? What…

Source: blog.aicpa.org