Audit: will any reform make a real difference?

Despite nine Companies Acts in the 20th century, and numerous reviews, nothing has changed to prevent audit failure. Instead of changing the law, David Duvall argues for a change in cultural mindset to overturn auditor complacency and lack of management scrutiny, and clamp down on excessive dividend payments

Once upon a time there was a bank. It would be called a dodgy bank now: but in the 1890s, when our story begins, they would have called its position precarious. It was severely under-capitalised, with substantial amounts lent which were unlikely to be repaid.

Its directors proposed to pay a dividend far in excess of what was prudent – a dividend which wasn’t illegal then, as distribution of profits was governed by some rather contradictory case law, but certainly would be now under the Companies Act 2006 (CA 2006).

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