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ISSAI 1250ISA 250CONSIDERATION OF LAWS AND REGULATIONSIN AN AUDIT OF FINANCIAL STATEMENTSA16. If management or, as appropriate, those charged with governance do notprovide sufficient information to the auditor that the entity is in fact incompliance with laws and regulations, the auditor may consider itappropriate to consult with the entity’s in-house legal counsel or externallegal counsel about the application of the laws and regulations to thecircumstances, including the possibility of fraud, and the possible effects onthe financial statements. If it is not considered appropriate to consult withthe entity’s legal counsel or if the auditor is not satisfied with the legalcounsel’s opinion, the auditor may consider it appropriate to consult theauditor’s own legal counsel as to whether a contravention of a law orregulation is involved, the possible legal consequences, including thepossibility of fraud, and what further action, if any, the auditor would take.Evaluating the Implications of Non-Compliance (Ref: Para. 21)A17. As required by paragraph 21, the auditor evaluates the implications of noncompliancein relation to other aspects of the audit, including the auditor’srisk assessment and the reliability of written representations. Theimplications of particular instances of non-compliance identified by theauditor will depend on the relationship of the perpetration and concealment,if any, of the act to specific control activities and the level of managementor employees involved, especially implications arising from theinvolvement of the highest authority within the entity.A18. In exceptional cases, the auditor may consider whether withdrawal from theengagement, where withdrawal is possible under applicable law orregulation, is necessary when management or those charged withgovernance do not take the remedial action that the auditor considersappropriate in the circumstances, even when the non-compliance is notmaterial to the financial statements. When deciding whether withdrawalfrom the engagement is necessary, the auditor may consider seeking legaladvice. If withdrawal from the engagement is not possible, the auditor mayconsider alternative actions, including describing the non-compliance in anOther Matter(s) paragraph in the auditor’s report. 11Reporting of Identified or Suspected Non-ComplianceReporting Non-Compliance to Regulatory and Enforcement Authorities (Ref: Para. 28)A19. The auditor’s professional duty to maintain the confidentiality of clientinformation may preclude reporting identified or suspected non-compliancewith laws and regulations to a party outside the entity. However, theauditor’s legal responsibilities vary by jurisdiction and, in certaincircumstances, the duty of confidentiality may be overridden by statute, the11 ISA 706, “Emphasis of Matter Paragraphs and Other Matter Paragraphs in the Independent Auditor’sReport,” paragraph 8.15304 Consideration of Laws and Regulations in an Audit of Financial Statements
ISSAI 1250ISA 250CONSIDERATION OF LAWS AND REGULATIONSIN AN AUDIT OF FINANCIAL STATEMENTSlaw or courts of law. In some jurisdictions, the auditor of a financialinstitution has a statutory duty to report the occurrence, or suspectedoccurrence, of non-compliance with laws and regulations to supervisoryauthorities. Also, in some jurisdictions, the auditor has a duty to reportmisstatements to authorities in those cases where management and, whereapplicable, those charged with governance fail to take corrective action. Theauditor may consider it appropriate to obtain legal advice to determine theappropriate course of action.Considerations Specific to Public Sector EntitiesA20. A public sector auditor may be obliged to report on instances of noncomplianceto the legislature or other governing body or to report them inthe auditor’s report.Documentation (Ref: Para. 29)A21. The auditor’s documentation of findings regarding identified or suspectednon-compliance with laws and regulations may include, for example:• Copies of records or documents.• Minutes of discussions held with management, those charged withgovernance or parties outside the entity.16Consideration of Laws and Regulations in an Audit of Financial Statements 305
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