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Welcome
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The Regulatory Bulletin is the publication through which key regulatory updates are notified to practising certificate holders and other persons engaged in public practice.
One of CARB's priorities for 2013 is the introduction of a new and improved disciplinary process. CARB is keen to receive feedback on the proposals for reform and we would like to draw each reader's attention to the second article below which concerns the consultation paper issued in relation to these proposals.
This issue of the Regulatory Bulletin also includes details of new and revised compliance review checklists, a summary of common deficiencies identified by CARB's inspectors in the course of monitoring, updates in relation to insolvency practice and links to guidance issued recently to CARB's disciplinary bodies and Quality Assurance Committee.
As always, we are eager to receive any feedback which may assist us in producing more helpful Regulatory Bulletins in the furture; please email us on feedback@carb.ie with any suggestions.
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New Chairman Appointed
The CARB Board is pleased to announce the appointment of Dr Don Thornhill as Chairman of CARB. He takes over the helm from Dr Chris Gibson who has stepped down as Chairman for personal reasons. Dr Gibson will continue his valuable work with CARB in the capacity of Vice-Chairman. Brief biographies of CARB Board members are available by clicking here.
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CARB Consultation on the Disciplinary Process
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CARB, as part of its commitment to continuously improve the manner in which it carries out its functions, has conducted a review of its disciplinary arrangements. The aim was to develop proposals for an ‘optimum’ disciplinary process, having regard to CARB's stated values, its strategic objectives and the established principles of good regulation. In the course of this project CARB has sought to use its experience to devise a more efficient, more effective disciplinary process which: - protects the public interest;
- is fair to members;
- is broadly consistent with the regimes adopted by other accountancy bodies and other professional bodies;
- utilises the resources available to best effect; and
- is capable of being responsive to changes in the profession and regulatory environment.
The proposals for reform are set out in a consultation paper issued by CARB on 26 June 2013; to view the Consultation Paper click here.
CARB is keen to engage with members over the course of the consultation period, which ends on 30 August 2013. A number of briefing sessions have been scheduled; for more information and to reserve a place click here.
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Guidance issued to Disciplinary Bodies
A detailed guidance document has recently been issued to CARB's disciplinary bodies. The guidance addresses various topics including:- the purpose of the disciplinary process
- the role of complainants
- the functions of the disciplinary bodies
- the functions of the CARB executive
- the meaning of a 'prima facie case'
- public concern cases
- the selection of individual tribunals from panels
- the granting of adjournements of hearings
- evidence
- conflicts
- sanctions
- policy on publication
- the award of costs
- confidentiality
This guidance document is publicly available on the CARB website or by clicking here.
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Complaints in relation to licensed Insolvency Practitioners
Great Britain/Northern Ireland
There have been two developments of note with regard to the disciplinary process as it applies to licensed Insolvency Practitioners (IPs). These are:These developments are explained in greater detail in the Insolvency section of the Regulatory Bulletin which can be accessed through the cover page or by clicking on the links above.
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Insolvency Practising Certificate Holders: Insolvency Compliance Review
Republic of Ireland
Pursuant to Chapter 6 of the Public Practice Regulations, regulation 6.28, Insolvency Practising Certificate Holders (IPC holders) are required to complete an annual Insolvency Compliance Review.
If you are an IPC holder, CARB will also be seeking confirmation of the completion of such a review upon submission of your Insolvency Practising Certificate renewal form (when applicable).
To assist all IPC holders, CARB has developed an Insolvency Compliance Review Checklist with Guidance which is available by clicking here.
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Authorisation of Personal Insolvency Practitioners
Republic of Ireland
The Insolvency Service of Ireland (ISI) has issued Regulations under the provisions of the Personal Insolvency Act 2012. The Regulations contain the qualification criteria, authorisation requirements and regulatory standards which must be met for an individual to be authorised as a personal insolvency practitioner.
The ISI has also issued Regulations setting out the procedures for the authorisation of approved intermediaries under the Act.
To view the Personal Insolvency Act 2012 (Authorisation and Supervision of Personal Insolvency Practitioners) Regulations 2013 click here.
To view the Personal Insolvency Act 2012 (Authorisation of Approved Intermediaries) Regulations click here.
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Insolvency Complaints Gateway: GB/NI Licensed Insolvency Practitioners
Great Britain/Northern Ireland
A single Gateway for Complaints against insolvency practitioners (IPs) has been developed and will be operated by the Insolvency Service of Great Britain. This means that complaints against GB/NI licensed IPs, which come within the jurisdiction of the Insolvency Service of Great Britain, must all be sent to the Gateway for initial consideration by the Gateway staff. The Gateway does not cover complaints made against IPs in relation to insolvency procedures governed by Northern Irish legislation. These complaints need to be made directly to the relevant authorising body of the IP concerned.
For more information click on the links below.
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Common Sanctions Guidance
Great Britain/Northern Ireland
The Recognised Professional Bodies (RPBs), as insolvency regulators, have developed Common Sanctions Guidance. This aims to provide transparency and ensures that, if the findings against an insolvency practitioner are consistent, the outcome and sanction across the RPBs are comparable. The following RPBs are implementing this common guidance: ICAEW, ACCA, IPA, ICAS and Chartered Accountants Ireland (through CARB).
To view the Common Sanctions Guidance click here.
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Tax – Related Issues for GB/NI Licensed Insolvency Practitioners
Great Britain/Northern Ireland
Following discussions between R3 and HMRC on tax-related issues the following Notices have been issued:
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Insolvency Service publishes Annual Review of Regulation
Great Britain
The Insolvency Service (Great Britain) has published its Annual Review of Regulation for 2012. The review includes details of the agency's monitoring activities as oversight regulator as well as the outcomes from disciplinary action by regulators during 2012.
To view the Annual Review of Regulation click here.
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Guidance issued to the Quality Assurance Committee
A detailed guidance document has recently been issued to CARB's Quality Assurance Committee (QAC). The guidance addresses various topics including:- the QAC structure and governance arrangements
- organisational aspects of QAC meetings
- roles and responsibilities of the QAC
- powers and processes of the QAC
This guidance document is publicly available on the CARB website or by clicking here.
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Compliance Review Checklist
CARB has updated its existing compliance review checklist to reflect recent changes in regulatory requirements. The new document also introduces anti-money laundering compliance review checklists to assist firms in assessing their compliance with the Money Laundering Regulations 2007 (UK) and the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (ROI), as amended by the Criminal Justice Act 2013. The new compliance review checklist comprises seven parts as outlined below:
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Deficiencies in audit documentation identified in the course of monitoring visits
The Quality Assurance Committee (QAC) is becoming increasingly concerned by the number of firms failing to document audit work in accordance with the requirements of ISA 230 Audit Documentation. The QAC is taking deficiencies in audit documentation very seriously and would like to remind firms of the requirements of ISA 230 Audit Documentation, in particular paragraphs 8 to 11.
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CPD Annual Declaration 2013
CARB has recently submitted second reminders to all members whose CPD Annual Declaration for 2013 remain outstanding. These are now due to be received by CARB no later than 31 July 2013.
To complete your declaration online please click here.
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CPD Monitoring Plan/Record
The selection of members who were chosen to submit their 2012 CPD Record/Plan for monitoring purposes have received second reminders. Those who have received a reminder have been given an extended date of 31 July 2013 for submission of their record/plan.
To submit your plan, please email cpdmonitoring@carb.ie no later than 31 July 2013.
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