Examining the casual factors on corporate scandals Essay

In the aftermath of corporate dirts in recent old ages, hearer ‘s ethical judgement and corporate administration have become of import subjects in the economic passage. This survey examines the causal factors on corporate dirts. To get down, the survey will reexamine the accounting dirts which occurred in Malaysia and in other states. In reexamining the dirts which occurred in Malaysia, we will document the company ‘s fiscal statement before the find of the malpractice is found and look into the possible causes for such dirts. Besides, this survey will discourse the possible ways to assist investors and other stakeholders to be alerted to the accounting malpractice.

Analyzing causal factors on corporate dirts is of import to the accounting profession for a figure of grounds. First, corporate dirts blazed across world-wide media at the velocity of visible radiation and lead to the continued examination of the bing Professional Code of Conduct which will certainly take to farther alterations. Hence, an apprehension of the factors that could lend to accounting dirts could assist a individual to manage the fortunes encountered in one ‘s professional calling without sole trust on the Professional Code of Conduct.

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Besides, the cognition of these factors may assist the accounting professional organisations and accounting houses to put out more effectual and efficient regulations which may assist in heightening current quality control measures so as to advance professional due-care in the public presentation of accounting and auditing services. The cognition of these factors may besides impart a manus to the investors and other stakeholders in finding the credibleness of the company ‘s fiscal statements.

LITERATURE REVIEW

Harmonizing to Rezaee ( 2002 ) , corporate construction, status and pick can explicate frauds achievement. These three variables can assist to explicate motives and chances of accounting/ fiscal fraud.

Rezaee ( 2002 ) specify the accounting and fiscal fraud as calculated misstatement or skip of sums or revelations in fiscal statements to lead on fiscal statement users, peculiarly investors and creditors. Harmonizing to Riccardo Tiscini et Al. ( 2006 ) , frauds can be divided in two classs, i.e. direction frauds and employee frauds. Due to collusion, direction fraud will be more hard to be detected. An effectual corporate administration mechanism ( such as internal control construction and audit commissions ) will be the best hindrance for fraud. It is because the being of an effectual corporate administration mechanism would deter directors from perpetrating frauds due to a larger chance of sensing.

Besides, an effectual and nonsubjective audit is an indispensable portion of corporate administration ( Low, 2002 ) . However, in the aftermath of accounting dirts, the function of the accounting profession has been questioned by legislators, regulators and the populace. Most of the accounting dirts prove that the hearers have failed to transport out their responsibilities and duties decently. The hearers are normally blamed for carry oning an inferior audit when the audited company was to neglect within certain months after being audited ( Dopuch, 1988 ) . Hence, much accent is placed on hearers in the context of corporate administration in a company.

The status such as force per unit areas will be one of the most relevant factors in the procedure of fraud committing ( Rezaee, 2002 ) . Economic and fiscal force per unit areas, such as the force per unit areas to run into the net incomes mark for the intent of procuring fillips, following with bond compacts, or run intoing stakeholders ‘ outlook, may ensue the directors to affect in unethical concern schemes, particularly when the house is unable to prolong in describing a stable growing of income. Besides, directors have their ain features in footings of aggressiveness and deficiency of moral rules so that fraud is besides a affair of pick despite of environmental force per unit area or corporate construction ( Riccardo Tiscini et al. , 2006 ) .

RESEARCH DESIGN

Data Collection and Sample Selection

The sample is a non-financial public listed company- Transmile Group Bhd- whose one-year studies are available in December 2004 to 2008. We choose Transmile Group Bhd as our sample testing is due to the dirt affecting Transmile Group Berhad was likened to the accounting debacle of Enron and WorldCom. This house was one time an endearing house in the local stock market- Bursa Malaysia. From its one-year studies, we were able to obtain both the fiscal and corporate informations of this house. These one-year studies are available and downloadable from the web site of the exchange ( hypertext transfer protocol: //announcements.bursamalaysia.com ) .

DATA ANALYSIS

Question 1

Choose one company in Malaysia that was noted to hold some jobs with its accounting malpractice or suspected malpractice.

Recently, the Malaysia ‘s stock market has been spurred pandemonium by corporate dirts. Outstanding companies such as Megan Media Berhad, NasionCom Berhad, United U-Li Corporation Berhad, Transmile Group Berhad, and OCI Berhad were involved in the corporate failures in Malaysia. In this paper, our group had decided to take Transmile Group Bhd as our sample testing.

Transmile Group Bhd is a lading air hose based in Malaysia whose supplying the chief activities such as the proviso of air transit and related services and rentals of aircrafts. Other activities include traffics in aircrafts, aircraft parts and equipment, proviso of direction, aircraft technology, line and base care, aircraft land handling and investing retention services. The Group operates chiefly in Malaysia with a company motto of ‘Asia functioning the universe ‘ that indicates their engagement in the international services such as DHL Worldwide Express, United Parcel Service, Air Macau and CEN Worldwide alternatively of holding a courier transit services between Peninsular Malaysia and East Malaysia.

Transmile Group was listed on the Bursa Malaysia Securities Berhad ( once known as Kuala Lumpur Stock Exchange ) on 27 June 1997. It was one time an endearing house in the local stock market. The company laminitis, Gan Boon Aun succeeds to name Transmile in the Main Board in 2002 after he fail in 2000 when the application was rejected by the Securities Commision. He has contributed tonss in Transmile until conveying the Group to the great highs. However, he has voluntarily resigned as a Chief executive officer but remained as a company Director on June 2007 with immediate consequence after the accounting dirt in the Groups have revealed.

Question 2

Document its fiscal statement before the find of malpractice is found and follow its portion and cardinal public presentation indexs before the malpractice find and after the find of the malpractice.

Share monetary value

The disclosures of accounting dirt in Transmile Group has skyrocketed them on the universe map as the Enron of Malaysia. Within four months after the accounting dirt exploded, Billions of ringgit was wiped out from the market capitalisation when Transmile ‘s portion monetary value dip from every bit high as RM15.00 per portion to every bit low as RM3.50 per portion.

Before the find of the accounting malpractice in Transmile, A comparing of the public presentation of Transmile ‘s stock with the composite index reveals that the former has reasonably much outperformed the market ‘s cardinal barometer throughout 2000 ( except for 2001 ) to 2006. A The enthusiasm was tangible as it reached its extremum of RM15.20. Many research houses ; local and foreign, continued to put surging monetary value marks of up to RM18.40 given its exposure to the burgeoning air ladings industry overseas.

However, the portion monetary value is trade every bit low as RM5.50 when a particular audit by Moores Rowland Risk Management founds the loss attributable to fiscal old ages 2005 and 2006. Investors have been poising for bad intelligence from Transmile when it told Bursa Malaysia on May 7, 2006 that its audit could non be finalized due to the absence of relevant back uping certification from the direction on certain minutess. The analysts cut their monetary value mark on the stock to every bit low as RM3.33 because the recognize losingss in 2006 had shrink the book value for 37.5 % to RM3.33. However, the initial audit findings were worse than they had expected.

When the former Chief Executive Officer resigns, the stock has fallen some 60 % in 2007. It dropped to its lowest intra-day degree of RM5.45 before shuting 13 % or 85 cent lower at RM5.75. Analysts expect the portion monetary value to go on falling to every bit low as RM2.80, following the accounting accommodations every bit good as the uncertainness that continues to stack on the stock. What had happened late to Transmile was so an in vain. Therefore, the Malayan governments should set in a better model to forestall it from go oning once more to do certain the involvement of investors, stockholders and public ever protected.

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Cardinal Performance Indicator ( KPI )

Airline Industry has ever been a growing oriented and extremely disputing sector. In recent times the air hose industry has undergone enormous and extremist alterations due to multiple factors like air hose bankruptcy, increased competition, operating costs, etc. Therefore, measuring the public presentation of companies in this sector under such fortunes is a complex undertaking. So, it is complex to measure an air hose based company such as Transmile Group which is involve in extremely profile of accounting malpractice late. Therefore, Key Performance Indicators ( KPIs ) can play a major in inventing an nonsubjective process for measuring the public presentation of the air hose industry like Transmile Group Bhd.

Every company has its ain cardinal public presentation index to mensurate their public presentation in order to do certain their aims or ends are achieved. Same for Transmile Group Bhd, it has its ain cardinal public presentation index to mensurate its public presentation in the air hose services field. The KPI of the company normally changed harmonizing to the many factors for illustration planetary economic uncertainnesss. However, Transmile ‘s KPI remain unchanged without affairs the struggles happen in the company and the find of malpractice in Transmile. Transmile ‘s KPI is 95 % on clip, with less than 5 % late or off flights for unmanageable ground such as conditions conditions.

Question 3

Discuss the malpractice discovered and the extent of any accounting maltreatment encountered.

Transmile Corporation, a planetary air power group that has come under fire for exaggerating its net incomes by a all right work of “ originative accounting ” was charged by Malaysia ‘s Securities Commission to tribunal, on charges of supplying misdirecting company histories. In this instance, Gan Boon Aun, laminitis and main executive of the house until he resigned on June 19, 2007, Lo Chok Ping and Khiudin Mohamad have been charged with assisting Transmile make the deceptive statements in 2006 fiscal histories. Harmonizing to the charge, the deceptive information was contained in Transmile Group ‘s quarterly study on unaudited amalgamate consequences for the fiscal twelvemonth stoping 2006.

A particular audit carried out by Douglas moores Rowland Risk Management subsequently found that it had badly overstated gross and assets traveling back to 2004 through doubtful invoicing.

They has discovered that its gross for 2005 and 2006 may hold been overstated by over than RM500 million. The study showed that Transmile made pre-tax losingss of RM126 million and RM77 million for 2006 and 2005, severally, alternatively of pre-tax net incomes of RM207 million and RM120 million as originally reported which is a sum of RM530 million in exaggeration. The particular audit study revealed that grosss generated from bills supposedly issued to some 20 companies were recorded as trade receivables. Subsequently, the trade receivables were reduced chiefly with payments for “ purported purchase of belongings, works and equipment ” and purported hard currency grosss. The study said there were no paperss to back up payments of RM341 million made for the purchase of belongings, works and equipment.

As an external hearer of Transmile group, DELOITTE & A ; Touche is responsible on the company ‘s direction and board of managers, who are tasked with the administration and overall duty of the company. They besides rely on the segregation of responsibilities which is they believe that it is about impossible for hearers to look into on every individual dealing so they instead merely look into based on samples indiscriminately picked because they are so many dealing to look into on. In this instance, many think that they had failed to observe and describe Transmile ‘s accounting abnormalities. From DELOITTE & A ; Touche points of position, the primary duty of external hearers is merely on guaranting proper internal control systems and accurate accounting records lies with the managers and direction of a company but they think in Malaysia, external hearers are depends on a batch. Therefore, hearers have the right to stand up against the force per unit areas of unlawful fiscal coverage. They have to go on to work as the ultimate defender of investor involvements and corporate answerability.

Since the dirt has been revealed, Transmile has lost more than half its market value. Transmile portions have lost 80 per centum of their value since the accounting abnormalities surfaced on May 2006, ensuing in the company repeating its consequences to demo pretax losingss, non net incomes, for its old two financial old ages. The investors, stockholders and the direction itself are profoundly hurt by the Transmile debacle. So, the ways on how the authorities protects the guiltless investors from the Enron-type of corporate accounting fraud in Transmile was critically review in order to safeguard their involvement in the company and the lessons learnt from the Transmile dirt are going the illustrations or guidelines to avoid such instances happen once more. For case, following the Transmile debacle, the Securities Commission ( SC ) released a revised Malayan Code of Corporate Governance 2007 on 1st October 2007. The cardinal amendments aimed to beef up and better the quality of board of public-listed companies, audit commissions and the internal audit map of public-listed companies in heightening the quality of the fiscal coverage.

Question 4

In your position, what are the possible causes that lead to the malpractice?

Based on the state of affairs that was happened in Transmile, we can hold that the company was lacked of proper corporate administration and the audit commission of Transmile was lacked of independency. The ex-Chairman of Audit Committee of Transmile, Mr Khiudin had 25,000 portions in the Transmile. It is flooring but non uncommon. As we know, a member is prohibited from accepting assignment as hearer if he or she has any involvement in portions of the company, straight or indirectly. Besides, harmonizing to MIA By-Laws- Professional Independence, Section 290, a member in public pattern should be, and be seen to be, free in each professional assignment he undertakes, of any involvement which might deflect from objectiveness. The phrase “ should be, and be seen to be ” , means that an hearer non merely has to keep an independent attitude in carry throughing their duties, but it is besides indispensable that the fiscal statement users have assurance in that assurance. As the audit commission Chairman, Mr Khiudin should hold been more independent because he is supposed and has the fiducially to describe to the Board of Directors if there is any misstatement in the fiscal studies. However, it seems like Mr Khiudin failed to make so.

Besides, it is possible that directors involve in unethical net incomes direction or income smoothing activities. With the purpose of run intoing the net incomes mark for the intent of procuring fillips, run intoing stakeholders ‘ outlook, stock monetary value motives, or following with bond compacts, directors may non comprehend unethical net incomes direction or income smoothing activities are unethical every bit long as the concern studies net incomes. For illustration, directors who want to portray a good image of a stable tendency of reported income to foreigners may affect in unethical net incomes direction schemes or income smoothing activities such as falsified accounting minutess and adjusted the timing and the rate of acknowledging certain points harmonizing to the aim of the direction. Consequently, it leads to accounting failures which found in Transmile.

Last, we suspect that the external hearer ( Delloitte & A ; Touche ) of Transmile did n’t transport their duties decently. With more rigorous auditing and accounting criterions, it is merely excessively much work to make, excessively small clip and excessively much force per unit area for the hearers. Hence, it is possible that some things do acquire overlooked, and so the hearer unable to take immediate action to get the better of the fiscal misstatement.

Question 5

Can you pull a analogue between the experience of this Malayan company and that of the International companies mentioned supra? Any similarities and differences?

The dirt affecting Transmile Group Berhad was likened to the accounting debacle of Enron. Both companies announce a singular betterment in the net net income in one twenty-four hours, and are being investigated for accounting abnormalities on the following twenty-four hours.

Besides, both companies have the job of deficiency of corporate administration and falsified in describing in order to gull investors in believing their companies were turning at a sustainable rate. For illustration, in the instance of Transmile, harmonizing to a particular audit carried out by Douglas moores Rowland Risk Management Sdn. Bhd in 2007, Transmile made pre-tax losingss of RM126 million and RM77 million for FY 2006 and FY 2005 severally, alternatively of pre-tax net incomes of RM207 million and RM120 million as originally reported. This means that there were false statement of gross and purchase. Besides, in the Enron instance, the company used unelaborated accounting mechanisms to conceal its massive debts which consequence in exaggerating the profitableness.

Besides, from our point of position, we think that the directions of both companies are sing the force per unit area to portray a good image of a stable tendency of reported income to foreigners. Hence, the directors may affect in unethical net incomes direction or income smoothing activities in order to run into stakeholders ‘ outlook when the companies unable to prolong in describing a stable growing.

Question 6

Suggest some of the early warnings that could assist investors and other stakeholders to be alerted to the accounting malpractice?

In order to acquire rid of corporate dirts, it is indispensable to acquire the “ tone at the top ” – board construction right. Harmonizing to Coles et. Al ( 2001 ) , the Board of Directors ( BOD ) is designated for the intent of doing certain that the top directors are acting in a manner that will supply the optimum value for stockholders. BOD has the duties to guarantee that the alliance of the house activities and its specified aims. Though Haniffa and Cooke ( 2000 ) states that CEO-Chairman dichotomy, where a individual individual assumes the place of Chairman and CEO at the same time could heighten the efficiency in supervising direction since less catching is needed and information dissymmetry is reduced ; there are empirical surveies claimed that the CEO dichotomy will do the CEO has a concentrated power base that will let the CEO to do determinations in their own-self involvement at the disbursal of stockholders. Hence, it is advisable to utilize separate leading construction where the rubrics are separated into two places held by two separate persons. This is expected that the board able to execute its fiducial responsibilities more wholly.

Jensen ( 1993 ) claims that board size is negatively related to the board ‘s ability to rede and prosecute in long-run strategic programs due to troubles in forming and organizing big groups of managers. This means that the size of the BOD significantly affects the likeliness of fiscal statement frauds. Harmonizing to Beasley ( 1996 ) , board size is straight relative to fiscal fraud ; as board size additions, the likeliness of fiscal statement fraud besides increases. Hence, smaller board is needed to enable the managers to supervise and command directors more efficaciously.

An independent audit commission must be in topographic point to oversight the fiscal coverage procedure of the company. MIA By-Laws- Professional Independence, Section 290, requires an hearer should be, and be seen to be, free in each professional assignment he undertakes, of any involvement which might deflect from objectiveness. Hence the hearer non merely has to keep an independent attitude in carry throughing their duties, but it is besides indispensable that the fiscal statement users have assurance in that assurance. This is to beef up internal controls and to guarantee that an independent audit commission could better able to oversight the fiscal coverage procedure and to protect the dependability of the accounting procedure. For the external hearer, more experience and adept hearer should be assigned to the company with more complex fiscal construction.

Last, ownership construction and fiscal transparence are of import in finding the strength of the company ‘s corporate administration. Mitton ( 2002 ) states that big stockholders ever referred as block stockholders who can profit the minority stockholders due to their power and inducement to forestall expropriation. Harmonizing to Hay ( 2008 ) , due to the deficiency of control over other internal determinations, major outside stockholder may necessitate to increase external scrutinizing to cut down the information dissymmetry. Besides, minority stockholders will demand increased external confidence as a balance against the power of the major stockholder. These would accordingly heighten the revelation quality of a house. Higher revelation quality would supply depositors, creditors and stockholders with dependable confidences that they will forbear from deceitful activities.

Decision

Recently, the newspaper headlines have been dominated by the concern dirts and corruptnesss. CPA houses, investors, loaners, and guiltless bystanders are profoundly affected by the find, nature, and extent of corporate malfeasance. Undeniably, it is non easy to observe fraud, particularly direction fraud where the direction will do their fraud looks as realistic and legal as possible. As the Malay stating goes, “ Sepandai-pandai tupai melompat, akhirnya jatuh ke tanah juga ” . Hence, no affair how fancy a fraud is, it is leap to be found ; the larger the figure you are concealing, the more you bound to acquire caught.

From our analysis, we found that economic/financial force per unit area was the most relevant factors in the procedure of fraud committing. In order to protect the investors and other stakeholders, companies should purely follow with the regulations and ordinances that set by authorities and professional organic structures. Besides, punishment will be imposed to the company that did non follow with the bing Torahs and ordinances.

The chief bound of the analysis is sample size ( i.e. the figure of the instances ) . In this paper, we merely select two companies, i.e. Transmile Group Bhd and Enron as our sample proving. The figure could be increased if wish to obtain more thorough apprehension of the tendency of accounting dirts. Then, the behaviour of commanding organic structures ( independent managers, audit commissions, external hearers, gatekeepers and others ) should besides be studied to deduce the relationship between accounting fraud, corporate administration systems and the bar and sensing of accounting frauds. Besides, since we are limited to publically available informations, our suspected causes of the dirt may be wrong and our suggested control may non be effectual. Future research in this subdivision is needed to analyze the exact factors of the dirt.

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