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Sarbanes and Oxley hit the after-dinner circuit

Any finance director continuing to feel aggreived at ihaving to mplement and monitor thousands of section 404 controls can comfort themselves with the thought that messers Sarbanes and Oxley, fathers of the Act that ushered in the regime, are now on the speaking circuit.

At a recent appearance in Orlando, according to USA Today,Paul Sarbanes made $25,000 for his appearance and Mile Oxley $20,000. Well it is the fifth anniversary of a double act that has been almost as impactful as Smith and Wesson.

Minister questions City connections

City minister Kitty Ussher (no, nor me: the Treasury's economic secretary since last month and MP for Burnley since 2005) tells this morning's Financial Times of her fears for London’s status as one of the world’s leading financial centres given the pain of travelling through Heathrow. Having done so myself a couple of times recently, I can only concur. As you take off you can look down on the new Terminal 5 and hope that things will get better.

In its favour I would say this of Heathrow: at least it's not Gatwick. Having made that trip too in the last couple of months it's not one I'd care to repeat in a hurry.

BBC seeks auditors' auditor for auditing

The Times' City Diary reports today that the BBC is seeking an accountant to be Head of Business Assurance. The successful candidate will 'monitor and report upon actions taken as a result of the recommendations of Internal Audit', the paper says.

Martin Waller is too good a journalist to leave out the obvious, describing it as 'a weirdly recursive, typically BBC job, which seems to mean reporting on the actions of people who report on other people’s actions'. He even points out that the requirement to ensure 'the BBC is operating robust controls and effectively managing risk' might be a little tardy in light of recent phone-in scandals.

More interesting, perhaps, is the fact that the BBC has embarked on a five year process to establish a full risk management strategy. I suspect, though I don't know, dodgy phone ins were not fully documented within tha strategy.

According to a National Audit Office review presented to the BBC's governors' audit committee last year, he or she drafts the annual risk baseline and reports to the audit committee on the risk management process twice a year.

What will next year's contain in light of recent scandals?

HMRC fails to keep up with the Joneses

HMRC's respresentatives didn't hang around for long this morning after the House of Lords ruled in favour of Geoff and Diana Jones of Arctic Systems.

The decision marks what many SMES will be hoping is the end of a three-year battle to target companies that are jointly owned by one revenue-earning partner and one non-earning partner.

Geoff Jones said afterwards: 'Diana and I are delighted that the Law Lords have vindicated our position, and confirmed that we have done nothing wrong. This has been a terrible ordeal for us, which looked like it could cost us our home at one point. We’re relieved it’s all over, but I am still extremely angry that the Government tried to pull this stunt in the first place.'

But will it really be the end of the saga? The Professional Contractors Group will now be seeking assurances from the Government that the judgment marks the end of the matter and that small businesses’ tax treatments will not be altered in this respect.

HMRC says it doesn't see the Jones' case as a test case and may well use the judgment to clarify future guidance. Equally, will legislation change.

The Jones' may well get their reward for sticking with the case for so long – but will others see the benefit.

Private Eye praises NAO, buries Conrad Black

An unusually finance (un)friendly issue of Private Eye has hit the newsstands. In the lookalikes section a letter-writer asks whether NAO chief Sir John Bourn and Hollywood heartthrob Richard Gere were separated at birth. (I imagine Sir John will be feeling the more flattered of the two). The cover is a corproate governance classic: you might be able to guess what cover lines like 'The Jaily Telegraph' and 'Is it because I is Black' refer to. The image isn't on the mag's website yet unfortunately but it's worth a glance.

Treasury concerned about PE tax breaks 20 years ago

The private equity industry is finally attempting to get its house in order after a period that might well provide future MBAs students with enough material for a case study on how not to run a PR campaign.

Credit where credit's due: the industry has had its best PR week for some time, employing classic new Labour tactics to leak the report the day before publication and control the agenda. It put its opponents on the back foot.

Equally the content of the Walker report was credible. It may not be perfect but it suggested a willingness to deal with some of the criticisms made of the industry, principally around transparency.

Chancellor of the exchequer Alistair Darling may have told Accountancy Age this week (check our home page later today) that he won't rush to judgment but the industry's recognition that it needs to change makes it easier for him to impose further change upon it when it comes to tax. As my colleague Alex Hawkes predicts in his Taxhack blog, Darling may well look at hybrid capital structures and what constitutes risk capital.

Of course, reports have circulated for some time that the Treasury has been concerned about aspects of the private equity industry. But I hear that some of the conversations about beneficial tax arrangements go back 20 years.

In the mid-1980s, I'm told, Treasury officials decided to turn a blind eye to what they recognized as inequitable tax benefits because what was then the venture capital industry was involved primarily in activities that Whitehall saw as beneficial: stimulating new industries and backing fledgling companies. In short, it believed the industry was doing government's job more effectively than it could do so itself.

These days, of course, it's very different: venture capital is now private equity and is more concerned with established, under-exploited businesses than taking a punt on something new. Interesting stuff.

In light of that, one idea that wasn't in the Walker report that the industry might like to consider is dedicating a portion of its funds to 'ventures' – that might help deal with some of its critics.

Will the industry's trade body be keen to do so? Recent evidence suggests not. I see the BVCA has rebranded itself on its website. What was once the British Venture Capital Association is now the British Private Equity and Venture Capital Association.

Note the order of those words.

Private equity fails to play the PR game

Some interesting comments at last week's Insider Business Club on private equity, made all the more relevant by today's Walker report which is expected to propose a code of conduct for the industry.

In a nutshell, accountants believe private equity needs to do more on the transparency front, but is a sound model for generating value. It's benefitted from one tax break too many but accusations that the industry does nothing but search and destroy are well wide of the mark.

In a poll of IBC listeners, 25% said opponents of private equity were simply attacking the sector to gain political mileage though the same proportion said there were genuine concerns that industry needs to be regulated and monitored more closely.'

Some 57% said they believed the approach of private equity was too short-termistwhile 78% said existing tax policies unfairly favoured private equity.'

However, 100% said they beliveed the private equity model was better at extracting value than the publically listed model.

There were some telling comments by panellists too - most interestingly around the transparency issue.

 

'One accusation which can be fairly be laid at the door of the private equity community is its abject failure to play the PR game. Now they are on the back foot and that's a very difficult place to be,' said Ian Leaman, founder director of Buckingham Corporate Finance and vice-chairman of the ICAEW corporate finance faculty.

 

 

Ernst & Young partner John Cole added: 'Certainly they have been surprised by the debate, and so when they started investing in the high street, which then gets the media attention, had the debate been set because some years ago, had been articulating the case of private equity more visibly and more coherently rather than being pretty much invisible, had they perhaps been more proactive in extolling why it is a force for good, the debate would have started from somewhere else.'

Mazars partner Richard Metcalfe said: 'It is absolutely clear that private equity firms have not been as transparent as they could have been.'

All eyes will be on Sir David Walker later today. Appointed by the private equity industry to propose a new code of conduct, he is expected to say buyout firms should appoint external, non-executive directors to the boards of some companies bought by private equity and disclose more about debt structures.

Whether that is enough to end the row is unlikely. (The Tax Justice Network told the Treasury select committee yesterday that the industry benefitted from three tax breaks).

All eyes will be on the Treasury for a response next.

Institute mergers are back on the table

I was at a bash thrown by the Lord Mayor in London  on Monday night 'to mark the contribution of the accountancy profession' and, you might be surprised to hear, much hilarity ensued.
In a wide-ranging speech (mainly about the importance of education, the importance of the City of London and the important contribution accountants make) John Stuttard made one eyebrow-raising point: the City of London would be better served by a single institute representing the accountancy profession.  And he made the point again. And again.

There was much squirming in chairs, some poker faces and an agreeable level of discomfort in the room as Stuttard advocated a merger - and also when he went out of his way to congratulate ACCA on  its global achievments.
Current ICAS present Isobel Sharp sat with her back to me on a neighbouring table. She appeared to be playing musical statues while the rest of her dinner companions threw her goading looks (the winner by a distance: POB chief Paul George).
But she wasn't alone. The room was chock full of institute chief executives and presidents. Sharp's colleagues - chief exec Anton Colella and past president Ian Robertson; CIMA's Charles Tilley and his past president John Coghlan; CIPFA's Steve Freer and president John Butler. Former ICAEW presidents Graham Ward, Peter Wyman, Michael Groom, Roger Lawson and Baroness Noakes. I'm sure there were more.
There was much muttering in the bar afterwards how this was a strange time to bring uup talk of a merger when the institutes were finally working together effecitvely again through the CCAB. (For that read finally talking once more). 
But as someone who has been forced to squirm a little in my own chair at these sorts of events recently, I thoroughly enjoyed. And, I have to say, I still agree with the Lord Mayor.

 

 

War for talent - Dutch style

Can it be true? I hear in Amsterdam one fiercely competitive mid-tier firm desparate for staff has taken to driving around the offices of its Big Four rivals using a megaphone urging accountants to defect. Even if it's not true, it's a suggestion that firms over here might like to employ. I look forward to having my morning stroll to work past Embankment Place interrupted.

 

 

Environmental issue sends readers green with anger

Accountancy Age's green special last week (we even changed the colour of the masthead) has polarised opinion. Many letter-writers, it has to be said, were not impressed. But they were impressively vitriolic - and that's what we journalists like.
Rigel Jenman's was the best. Describing himself as 'green with anger', he questions our assertion that ‘accountants are at the heart of efforts to preserve the environment…’, asking: 'Who are you kidding ? This is nonsense , it is about as accurate as saying "Garden slugs are at the heart of Britain’s Olympic bid"   or  "Eurovision song contest losers Gemini are at the heart of the music industry".'

He continues: 'In my experience Accountants drive flashy cars into work (on their own), invest large pensions in arms / Oil companies , spend piles of cash on lavish offices , fly to New York for the weekend , avoid paying tax and help others avoid paying tax -  and generally fill their boots greasing the wheels of greedy capitalism.

'There is no ‘Green Consumerism’ Marks and Spencer cannot become Green because buying loads of stuff you don’t need from shops is not sustainable. Individuals need to stop doing the unsustainable things. The profits skimmed off transactions on which accountants rely - are the earth’s resources stolen and flogged off by business. I suggest your readers consider retraining with some practical skills because inevitably the house of cards will fall.

'This magazine is a public relations exercise – self gratifying drivel ….I expect Audits & Accountants will have the same effect on corporate environmental behaviour as they do on corporate financial, legal & human rights behaviour – nothing….. just covering arses. I guess the bottom is made compliant with  the trouser – Hurrah -> excuse me whilst I become sarcastic. Planet Earth is saved, a phalanx of lawyers and accountants have arrived.'
There's more, much more:
'Perhaps I can suggest some more accurate first lines for special editions
"Accountants are at the heart of invading Iraq"
"Accountants are at the heart of Failed NHS IT projects"
"Accountants are at the heart of destroying Britain’s railways"
"Accountants are at the heart of the UK’s record national debt"
"Accountants are at the heart of declining health and education"

"Accountants are at the heart of the Enron success "'

Big Four don't just dominate accountancy, you know

More fuel for the audit choice fire? The Big Four accountancy firms are the largest professional services companies in the world, according to research by the Managing Partners' Forum.

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Sir Digby starts as he means to go on

Good to see high office hasn't castrated Sir Digby Jones. The ex-CBI man, far and away the most exciting of Gordon Brown's ministerial appointments, says this morning that tax rates should be made more competitive and regulation curbed. He was saying the same when he represented UK business, of course, but that sort of inwardly critical language is not normally tolerated of a minister.

Sir Digby is different, though. He was brought in for his outspoken reputation not despite it – after all he was previously appointed the skills envoy by Brown.

All this is of course fine in theory. It's altogether different in practice though and he is sure to test Brown's famous thin-skinnedness over the coming months and, if he lasts that long, years.

Neither man will have gone into this relationship with their eyes closed and both parties will have imposed conditions. So Sir Digby takes the Labour whip but retains the right to speak out. It seems a fair trade.

What interests me more though is how this will pan out. I feel sure that given his many talents and his availability Sir Digby would have been approached for previous jobs close to government and chosen not to accept them. Yet he has chosen to take on this one.

Obviously the rewards are there - improving the performance of British businesses on the global stage is an issue close to the Union Jack cufflink wearer's heart. But will their come a point where the downsides (accepting the whip, enduring the often glacial pace of change within Whitehall etc.) outweigh those considerable benefits?

New business minister's first words on regulation and private equity

New business secretary John Hutton speaks to the Financial Times this morning and tells how Gordon Brown is planning to undertake a 'serious redesign' of the government’s links with business to 'woo the corporate vote'.

Before you ask, yes he did have a decade to do this as chancellor to mixed effect. But there is a greater political imperative to do so now. A general election isn't too far away and it's seen as an area where Labour can hurt the Tories even if the party's ambition to become the natural party of business will not happen overnight.

Hutton also seeks to tread an interesting line on private equity. On the one hand he says: 'The public’s got a legitimate interest in all of this, particularly around the tax issues ... The climate changes [for business sectors] and you’ve got to keep ahead of the public debate or at least try to match it.'

On the other, he argues: 'It’s incredibly important for the British economy that private equity houses add value ... and they’ve been doing that, been very successful.'

It's hard to argue with either of those statements. What will be far more difficult will be carving out a tax policy that does justice to both. Not doing anything after the Treasury review is completed will reveal Hutton's first statement to be no more than hot air. Going too far will undermine the latter.

Of his new Department for Business, Enterprise and Regulatory Reform (basically an unscientific DTI) Hutton says: 'This is not a rebranding. It’s a serious attempt to redesign across government how we work with business.'

Apropos of very little I remember an Accountancy Age headline some years back branding the DTI the Department of Timidity and Inaction so let's hope the ungainly sounding DBERR is more effective.

 

 

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