外文翻译---上市公司财务舞弊原因及对策
上市公司财务舞弊的分析与思考

上市公司财务舞弊的分析与思考DTitle Analysis and Thinking listed companies’ financial fraud——Case study on SinovelAbstractAccompany with the development of capital market, financial fraud behavior always emerge in endlessly. From the collapse of Enron Corporation in foreign countries, WorldCom was traced to fraud, from Yunnan green earth in the domestic. Then just near Edmond Health Division fraud cases. The prohibition of financial fraud cases, and seriously hindered the healthy development o domestic, securities industry. Not only because significant losses to investors, but also seriously affected the resources configuration, harm to the capital market. Therefore, this shows that financial fraud of listed company’ research is imperative for financial fraud prevention and regulatory penalties have more far-reaching.Abroad is relatively more developed domestic capital, accounting profession has a lot of research on financial fraud, this is our country’s financial fraud has reference value and significance of the research. But considering our country’s social system legal environment, economic situation, combined with actual situation of our country to research the financial fraud of listed companies. This show adopts the way of theory research and case for analysis. Through the introduction to financial fraud and related concepts, and the analysis of risk factors, and combined with Sinovel cases. From the enterprise itself,intermediary institutions, government department three Angle analysis, and put forward suggestions to, finally summarizes the countermeasures to prevent financial fraud of listed companies.This article mainly is composed of six parts; the first part is the introduction, introduced in this paper, the research background, significance, purpose, literature review, research methods and contents. The second part is about the analysis of the dynamics of financial fraud of listed companies, mainly general risk factor and individual risk factors. The third part is to introduce Sinovel fraud cases and make a analysis an thinking. The fourth part of the listed company fraud proposes appropriate preventive measures. Finally, there are summarizes and thanks.Keyword Financial fraud Sinovel Precautions目录摘要............................................ 错误!未定义书签。
外文翻译上市公司财务舞弊原因及对策

外文翻译上市公司财务舞弊原因及对策一、引言上市公司财务舞弊是一个严重的问题,不仅损害了投资者的利益,也破坏了市场的公平和透明度。
随着经济全球化的发展,越来越多的上市公司参与国际业务,外文翻译在财务信息披露中变得至关重要。
然而,外文翻译过程中也可能出现财务舞弊的情况。
本文将探讨外文翻译上市公司财务舞弊的原因,并提出相应的对策。
二、外文翻译上市公司财务舞弊的原因(一)利益驱动上市公司为了满足融资需求、维持股价稳定或达到管理层的业绩目标,可能会采取财务舞弊手段。
在外文翻译过程中,通过故意歪曲或隐瞒关键财务信息,误导国外投资者和监管机构。
(二)缺乏有效的内部控制公司内部治理结构不完善,内部控制制度存在漏洞,导致财务部门和翻译部门之间缺乏有效的监督和制衡。
翻译人员可能在没有充分审核和监督的情况下,对财务信息进行错误或误导性的翻译。
(三)翻译人员专业素质不足部分翻译人员缺乏财务知识和专业素养,对财务术语和概念理解不准确,从而在翻译过程中出现错误。
此外,一些翻译人员职业道德缺失,为了个人利益而参与财务舞弊。
(四)监管不力对上市公司外文翻译的财务信息监管存在难度,不同国家和地区的监管标准和要求存在差异,导致监管漏洞。
同时,监管部门的资源和技术手段有限,难以对大量的外文财务信息进行及时、有效的审查。
(五)压力与竞争市场竞争激烈,上市公司面临巨大的压力。
为了在竞争中脱颖而出,一些公司不惜通过财务舞弊来美化业绩。
在外文翻译环节,这种舞弊行为可能更具隐蔽性。
三、外文翻译上市公司财务舞弊的对策(一)加强内部控制建立健全的内部控制体系,明确财务部门和翻译部门的职责和权限,加强部门之间的沟通和协作。
定期对内部控制制度进行评估和完善,确保其有效性。
(二)提高翻译人员素质加强对翻译人员的培训,提高其财务知识水平和职业道德素养。
要求翻译人员具备相关的专业认证,确保其能够准确理解和翻译财务信息。
(三)强化监管加强国际间的监管合作,统一监管标准和要求,减少监管差异。
外文翻译---上市公司财务舞弊原因及对策

Reasons and countermeasures of listed companies ' financial fraudPick to: financial fraud accompanied by China's reform and opening process and continuous development, bring social harm is more and more apparent, whether to financial fraud effective management by the people's widespread concern. On the listed company's financial fraud concepts and methods were summarized, from the interest drive, corporate governance, accounting personnel occupation moral standards, accounting and auditing system, in-depth analysis of the causes of financial fraud, and in view of the above reasons put forward the corresponding control measuresKey words: financial fraud; reasons; control countermeasures; listed companyIntroductionSince the beginning of Enron in late 2001, cases of financial fraud in listed companies at home and abroad frequently burst out. In early 2006, the Shanghai national accounting Institute Research Center for financial fraud (snaiFFRC) disclosed to "kelong" headed by the "2005 top ten most fraudulent financial companies of the listed companies" means is more amazing the financial fraud of "smart". Self, circulating trading, trading of yin and Yang, the packing channels, always accounting errors, large bath, mergers and acquisitions, restructuring, concealed stocks, the report cash traps, this is a top ten listing companies financial fraud trick.One, the concept of financial fraud and wayFinancial fraud is the subject of false financial information processing in accounting and reporting process, to obtain undue economic interests, used deceptive means to intentionally lied about the importance and financial facts of violations of laws and substantive violations. Financial fraud has four characteristics: unlawful, intentional sexuality, danger, and concealment. Specific means of financial fraud can be said to be endless, but the core is intact. Income fraud including fictitious earnings and revenue across periods; cost of fraud including cross-phase meter cost less and adjustment costs as well as costs of capital; corrupt cash fraud, should be the project assets, such as fraud, less provision for impairment; liabilities are generally less-total liabilities of fraud.Financial fraud means basically has the following several aspects:1.the use of improper accounting policies and accounting fraud. Management typically useintertemporal amortization class accounts for many share, share more, less or less cost to adjust profit. (1) the selection of inappropriate borrowing costs accounting method. In practice, many listed company through misuse of borrowing costs accounting, in build a project completed and not the final. (2) improper selection of equity investment accounting methods. Principles of enterprise accounting regulations: investment enterprises of joint control or significant influence, should adopt equity method; instead, it uses the cost method.But many companies use, when the investee company profit, should not use the equity method investment using the equity method of accounting; when the investee company loss, the equity method to the cost method .(3) improper selection of merging policy. (4) the improper selection of depreciation method.Extended depreciation, by accelerating method is changed into the straight line method, inpractice it is often seen. (5) the improper selection of income, cost confirmation method.Advance or delay the confirmation of income or expense is also listed companies generally adopt cheating. (6) the improper selection of the impairment provision method.2. use of enterprise internal control system defects and the weak link of fraud. As the cashier personnel use enterprise blank check, financial dedicated seal, legal person seal does not separate keeping malpractice, privately issued checks, misappropriation of public funds. Cozy with his duties incompatible staff collude with a fraud.3.related party transaction fraud. The related party transaction fraud, refers to the management using the related party transaction to hide losses, fictitious profits, and not in the statements and notes in accordance with the provisions as appropriate, full disclosure, the resulting information will have on the users of financial statements misleading a fraud method. Typically, Chinese listed companies using the purchase and sale of related fraud, fraud, entrusted with the operation of funds embezzlement, fraud and other four kinds of cost sharing related transactions by way of fictitious profit.4. the assets of fraud. Asset restructuring, mergers and acquisitions, debt restructuring, asset replacement form, occurring between the related parties. Assets reorganization of corrupt corrupt corrupt major mergers and acquisitions and debt restructuring in two ways.5. cover up fraud transaction or fact. Hide transaction or fact of fraud is through the use of accounting statements to hide transactions of listed companies or the truth, or has not been fully disclosed in the notes to the report deals truth an fraud methods.Second, the causes of listed companies ' financial malpracticeListed companies ' financial malpractice caused several of the following reasons:1. financial return far greater than the cost of fraud. To meet listing standards at some companies desperate to find ways to make financial fraud, and fraud, to meet the policy requirements. In addition, because the share price is times the income and earnings per share, and high stock market price/earnings ratio of deformity in China, so the main purpose of listed company's financial fraud is false profits. False profits of $ 1, the circulation market value of listed companies will increase 10 times times times. Relative to the fraud fraud income, cost is too low, from a certain extent, it is too low a fraud cost contributed some fraud.2. corporate governance structure is not perfect. Corporate governance structure is in fact about between owners, the Board of Directors and senior executive officers rights assigned and the arrangement of a system of checks and balances, the reality in China, led directly to the equity structure of listed companies malformations include the general meeting of shareholders, Board of Directors, Board of supervisors, which distort the relationship between corporate governance structure of checks and balances, which has provided an opportunity for financial fraud in listed companies. This is mainly manifested in the following aspects: (1) the ownership structure is not reasonable. As of the second half of 2006, the Shanghai and Shenzhen stock market, shares of over50 listed companies only 185, largest shareholder holding ratio of no more than 25 and only 219, 60~70 listed companies have invaded and occupied by large shareholders of listed company's funds. In the case of high concentration of ownership, possibilities of treatment failure of listed companies increased, listed companies, the greater possibility of financial fraud. (2) the independence of the Board is not strong, internal control is a serious problem. China listed company Director served as Senior Manager of the phenomenon is more prevalent, Director serves as the Senior Manager (internal control) more than 50 per cent of the sample company 32, more than 30 per cent of a sample of 65 companies. In this case, the operation of the Board is usually "Insider" or shareholder control, rather than based on the collective interest. This has led to the phenomenon of frequent corporate financial fraud. (3) the Supervisory Board weakening the oversight function, financial report difficulty in discharging its oversight functions. Based on analysis of listed company financial reporting fraud, Board of supervisors system in suppression of financial fraud in China did not play a role of Directors and managers of monitoring. Listed companies are required by law to set up a supervisory board, Board of supervisors actually are in a very awkward position, lower right or upper right of vulnerable rights of supervision or stronger right.3. accounting staff lack of professional ethics. Finance and accounting personnel who are directly involved in financial fraud, from the macro perspective, is mainly long term and not enough on accounting ethics education, lack of accounting professional standards; micro-perspective, strong sense of company accountants law, in order to meet company leaders of unhealthy psychological, thus violating the ethics of being practical and realistic, objective and fair. In addition, individuals driven by economic interests, has also led to some accountants deliberately forged, altered, hiding and destroyed the accounting information, taking advantage of his position of financial fraud.4. accounting and audit system is not sound. In recent years, although China is making a lot of accounting and auditing legislation, but from the practical point of view are not perfect and sound. Poor operability of some provisions, resulting in accounting fraud an opportunity. New accounting law "legal responsibility" chapter referred to "serious", "criminal", "significant losses" are not quantified, has no specific explanation. 2006 implementation of new accounting standards, provided more accounting options for management, which provides management with more profit opportunities. In addition, lack of punishment measures, social supervision is not strong, quality performance evaluation of accounting does not work, no ability to detect fraud, also can lead to occurrence of listed companies ' financial malpractice.Third, the governance of listed companies’financial fraud countermeasures1. coordinating the relationship between benefits and costs of financial fraud. We should increase the penalties for financial fraud, financial fraud costs more than it gains, so you can basically stop financial fraud. At the same time, in charge of financial malpractice should bear unlimited joint and several financial responsibility, which can to a large extent, inhibit their impulses of illegal counterfeiting. For those who dare to report the accounting officer shall provide ample rewards, so that its behavior is greater than the loss of income to report financial fraud. In this way, financial malpractice liability and they will take the initiative to give up the idea of financial fraud.2. perfect the corporate governance structure. Improve the internal governance structure of thecompany, is to prevent financial fraud, improve the quality of accounting information. (1) to improve the company's ownership structure, can solve the status of minority shareholders and the controlling shareholder is not symmetric. (2) the perfection of listed company's Board. In the establishment of external independent directors on the Board of the company, and provides that a certain proportion of the external independent directors, and established a number of specialized committees, raise the level of professionalization of the Board, to play the role of the Board. (3) improvement Board of supervisors of listed companies. As the Board of supervisors a mere formality, only to stand in the governance structure of the company, to further improve the system of Board of supervisors.3. raising the level of professional ethics of accountants. State management and accounting departments, should continuously strengthen the ideological education of accountants and accounting staff levels continue to improve, making it able to consciously resist financial malpractice, gradually establishing accounting integrity and fair image.4. accounting and auditing systems. Accounting standards and the flexibility of the system is the important basis for financial fraud to achieve. First of all, according to China's actual conditions, principles of system of accounting standards and make appropriate adjustments, in general lack of ethical culture in China now, improving the reliability of the accounting report is the key. Second, correctly handle the relationship between consistency and flexibility, reducing the options available to the company within the scope of accounting system as much as possible, especially when it comes to income and expenses recognized measuring principle, the depreciation of fixed assets, eight-asset impairment provision ratio and maximum detailed provisions should be made. Introduce specific implementation details will be quantitative and specific legal responsibility to explain, this has the advantage of parties a clear financial consequences of fraud, also in favour of the relevant departments to determine the financial fraud and punishable by appropriate penalties. Finally, give full play to the role of public opinion and the media. As the perfection of the securities market, market supervision is not limited to certified public accountants and the Government, the general public and the media has also been involved in the regulatory process.The endAt present, China is in an early stage of market economy, all kinds of deceptive behaviors emerge, accounting activity as a measure of economic activity, inevitably financial fraud. Financial fraud is not only an economic phenomenon, is also a visualization of the deep moral conviction. So, on the governance of financial fraud is a systems engineering, business, community and government supervision of Trinity system is required in all departments and make concerted efforts, coordinate with each other. Only an integrated approach to governance, to create good information environment for China's economic development.Reference.[1] Hou Yanlei, Zhai Yingmin. The financial fraud of listed companies analysis [J]. Economy and management,2006, (7):71-73.[2] Huang Xinjian . Chinese listed company's financial fraud and the Countermeasures Research [J]. Economic survey,2006, (4):77-79.[3] Wang Jianxin. The financial fraud of listed companies : motives and management [J ]. Market modernization,2008, (2):346-347.[4] Yang Yunshu . The financial fraud of listed companies analysis [J ]. Accounting research,2006,(5):62-63.[5]You Xiaofeng. Chinese Research on financial governance of Listed Companies [ M]. Beijing: Economic Science Press,2005: 144-145.[6] Zhang Aimin. The combination of internal and external, prevention of financial fraud of Listed Companies [ J]. Contemporary economy,2006, (2):18-19.[7]Hong Ge. Fraud in financial reports of listed companies governance approach [J]. Economic review,2005, (9):117-137.[8]Wang Haixia. Internal governance structure in listed companies and the prevention of financial fraud [J]. Auditing & Finance,2005, (7):23-24.上市公司财务舞弊原因及对策摘要:财务舞弊行为伴随着中国改革开放的进程而不断演进发展,带给社会的危害也愈来愈明显,能否对财务舞弊行为进行切实有效地治理受到人们的普遍关注。
外文翻译上市公司财务舞弊原因及对策

外文翻译上市公司财务舞弊原因及对策在当今复杂多变的经济环境中,上市公司财务舞弊问题日益严重,不仅损害了投资者的利益,破坏了市场的公平和透明,也给整个经济社会带来了负面影响。
本文旨在深入探讨外文翻译上市公司财务舞弊的原因,并提出相应的对策,以维护市场的健康稳定发展。
一、外文翻译上市公司财务舞弊的原因(一)利益驱动利益是导致外文翻译上市公司财务舞弊的首要原因。
公司管理层为了达到个人或团体的经济利益,如获取高额薪酬、奖金、股票期权等,可能会操纵财务数据。
此外,公司为了满足上市要求、获得融资、避免退市等,也会不惜通过舞弊手段来美化财务报表。
(二)公司治理结构不完善公司内部治理结构的缺陷为财务舞弊提供了机会。
如果董事会、监事会等监督机制失效,管理层权力过大且缺乏有效制衡,就容易出现财务舞弊行为。
同时,内部审计部门独立性不足,无法发挥有效的监督作用,也使得财务舞弊难以被及时发现和制止。
(三)外部监管不力证券监管部门的监管力度不足,法律法规不够健全,对财务舞弊行为的处罚力度不够严厉,使得上市公司违法成本较低。
此外,审计机构、评级机构等第三方中介机构未能尽职尽责,也在一定程度上纵容了财务舞弊行为的发生。
(四)压力与动机公司面临的业绩压力、市场竞争压力以及来自股东和投资者的期望压力,都可能促使管理层采取不正当手段来达到预期的财务目标。
例如,当公司业绩不佳时,为了稳定股价、避免投资者恐慌抛售,管理层可能会选择财务舞弊。
(五)财务人员职业道德缺失部分财务人员缺乏职业操守和道德底线,为了个人利益或者迫于上级压力,参与或协助财务舞弊。
他们可能故意篡改财务数据、编制虚假财务报告,严重违背了会计职业的诚信原则。
(六)信息不对称上市公司与投资者之间存在信息不对称,投资者难以获取公司真实、准确、完整的财务信息。
这种信息差距使得上市公司更容易进行财务舞弊,而投资者难以察觉和防范。
二、外文翻译上市公司财务舞弊的对策(一)完善公司治理结构建立健全的公司治理机制,优化董事会结构,增强董事会的独立性和专业性。
财务报表舞弊上市公司会计舞弊外文文献翻译

财务报表舞弊上市公司会计舞弊外文文献翻译文献出处:Amara I, Amar A B, Jarboui A. Detection of Fraud in Financial Statements: French Companies as a Case Study[J]. International Journal of Academic Research in Accounting, Finance and Management Sciences, 2013, 3(3): 40-51.翻译后中文字数:7240第一部分为译文,第二部分为原文。
默认格式:中文五号宋体,英文五号Times New Roma,行间距1.5倍。
财务报表舞弊的检测:以法国公司为例摘要:本研究的目的是检验“舞弊三角”元素对财务报表舞弊行为的影响。
我们使用2001年至2009年期间的SBF250中的80家法国公司的样本数据,使用逻辑回归方法进行分析。
研究发现,对经理施加绩效考核的压力是导致财务报表舞弊的因素之一。
与财务困难(债务,流动性)和审计事务所规模等因素与舞弊无关。
关键词:舞弊,舞弊三角,压力,机会1.引言如今,全球经济经历了一系列金融危机,导致市场、投资者和舆论对公司账户的不信任。
在这里,只要强调一个事实,即安然公司,一家前美国的能源商品和服务公司,已经为所有社会伙伴造成了70万亿美元的损失。
因此,上述的借口带来了随之而来的经济危机,这种危机已经蔓延到全球所有新兴计划。
例如,广泛宣传的丑闻是Worldcom,Parmalat,Ahold 等的案例(Rezaee,2005年)。
当然,上面列出的财务丑闻不是商界信任危机的唯一原因。
影响经济的真正祸患无疑是“舞弊”。
所有的操作在一定程度上是固有的共同之处:它包括欺骗,违反了对社区造成损害的行为和法规。
正如Rouff(2003)所述,“舞弊是一种故意行为,其作者是一个真正的罪犯”。
会计舞弊财务舞弊外文文献翻译

会计舞弊财务舞弊外文文献翻译___ confidence and have taken n to address this issue. The n of ns, standards, and guidelines aims to ___ global financial systems.During ___, ___ in more than one country, and most of these ___ the Sarbanes-Oxley Act of 2002, reforms were also initiated worldwide. The primary purpose of this paper is twofold: (1) ___; and (2) ___, the public accounting n, and global capital markets.In n, ___ activities, ___ financial fraud are significant and can have long-___, it is essential for companies to ___ fraud, ___.Global Regulatory n for Corporate and Accounting Reforms In response ___, U.S. lawmakers passed the Sarbanes-Oxley Act of 2002. This Act aims to protect public interest and restore investor confidence in the capital market. President Bush signed the Act into law on July 30, 2002. The Act ___ It requires executives, boards of directors, and ___, responsibility, ___. The Act, along with subsequent SEC initiatives, ___ since 1933. Other U.S. regulatory bodies, such as NYSE, NASDAQ, and the State Societies of CPAs, have also ___ and their external auditors.Note: ___ if it should be ___.The ___ (IFAC) is a global ___ is to serve the public interest, ___ worldwide, and contribute to the development of strong nal ___ high-___ such as the Global Financial Stability Forum (FSF), the nal n of Securities ns (IOSCO), the World Bank, and the European ___ 2002, the ___ in Financial Reporting to address theglobal ___. The task force's report, titled "Rebuilding Public Confidence in Financial Reporting: An nal Perspective," ___ issuers. One of the key ___.All public ___ report to the board and address concerns related to financial n, internal controls, or the audit. It is ___ financial reporting, financial controls, the internal audit n, as well as mending, working with, and monitoring the external auditors. The members of ___, and a majority should have ___.8. A principles-based approach ___ credentials, n, ___.Note: ___ (OECD) has been deleted as it is not clear how it relates to the rest of the text.___ (OECD) is a quasi-think tank consisting of 30 member countries, including the United States and the United Kingdom. It also has working nships with over 70 other countries. In 2004, the OECD unveiled the updated n of its "Principles of Corporate Governance," ___ (including the U.S. and UK) in 1999. Although these principles are nonbinding, they serve as a reference for nal n and n, as well as provide guidance for stock exchanges, investors, ns, ___ policymakers, investors, ns, ___ OECD and non-OECD countries.4. Recognizing the ___.6. ___ party ___.In n, member states of the European n have proposed a code of conduct for independent auditors, ___ every five years. Moreover, the nal governments of individual European countries ___. For example, in July 2002, the British ___ to the Company Law. These ___ misleading auditors, redefining the roles of directors, ___.全球企业和会计改革监管行动正在进行中,旨在恢复投资者对财务报告、会计行业和全球金融市场的信心。
外文翻译上市公司财务舞弊原因及对策

外文翻译上市公司财务舞弊原因及对策外文翻译:上市公司财务舞弊原因及对策在当前全球化的经济背景下,上市公司财务舞弊成为了一个严重的问题。
财务舞弊不仅对公司自身造成损失,还会对整个市场造成负面影响。
因此,了解财务舞弊的原因,并采取有效的对策来防止和打击财务舞弊,对于保护股东权益和维护市场秩序至关重要。
上市公司财务舞弊的原因:1. 经济利益诱惑:上市公司为了实现自身的经济利益,可能会采取财务舞弊手段来虚增营收、利润等数据,以达到吸引投资者和提高股价的目的。
这种利益诱惑往往是由公司管理层的个人利益驱动,例如获得高额奖金、股票期权等。
2. 激进的业绩要求:上市公司常常会面临投资者、股东和分析师的高业绩预期。
为了满足这些要求,一些公司可能会采取不正当手段,如虚构交易、突击收入等,来提高企业的业绩。
3. 弱内部控制机制:一些上市公司的内部控制机制相对薄弱,缺乏有效的监管和审计。
这使得公司管理层有机会滥用权力,进行财务舞弊。
此外,内部控制不完善还容易导致数据造假、漏洞利用等问题。
上市公司财务舞弊的对策:1. 加强监管和审计:政府和监管机构应加强对上市公司的监管力度,确保财务报告的准确性和透明度。
同时,应加强对审计机构的监管,提高审计质量和独立性。
2. 加强内部控制:上市公司应建立健全的内部控制机制,包括风险管理、内部审计、内部监督等。
公司管理层应确保内部控制的有效执行,避免权力滥用和数据造假。
3. 提高公司治理水平:良好的公司治理可以有效地预防和遏制财务舞弊行为。
上市公司应加强董事会独立性,完善董事会职责和监督机制,加强对高管层和内部人员的监督和约束。
4. 加强投资者教育和保护:投资者应提高风险意识,加强对上市公司财务信息的分析和监督能力。
同时,监管机构应加强对投资者的保护,建立完善的投诉和举报机制,及时处理投资者的举报和投诉。
总结:上市公司财务舞弊是一个复杂且严重的问题,需要全社会的重视和共同努力来解决。
政府、监管机构、公司管理层和投资者等各方应加强合作,共同致力于建立一个公平、透明、规范的市场环境,为投资者提供可靠的财务信息,保护投资者权益,促进经济的可持续发展。
会计舞弊财务舞弊外文翻译文献

会计舞弊财务舞弊外文翻译文献(文档含中英文对照即英文原文和中文翻译)原文:Global Corporate Accounting Frauds and Action for Reforms1、IntroductionDuring the recent series of corporate fraudulent financial reporting incidents in the U.S., similar corporate scandals were disclosed in several other countries. Almost all cases of foreign corporate accounting frauds were committed by entities that conduct their businesses in more than one country, and most of these entities are also listed on U.S. stock exchanges. Following the legislative and regulatory reforms of corporate America, resulting from the SarbanesOxley Act of 2002, reforms were also initiated worldwide. The primary purpose of this paper is twofold: (1) to identify the prominent American and foreign companies involved in fraudulent financial reporting and the nature of accounting irregularities they committed; and (2) to highlight the global reaction for corporate reforms which are aimed at restoring investor confidence in financial reporting, the public accounting profession and global capital markets.2、Cases of Global Corporate Accounting FraudsThe list of corporate financial accounting scandals in the U.S. is extensive, and each one was the result of one or more creative accounting irregularities. Exhibit 1 identifies a sample of U.S. companies that committed such fraud and the nature of their fraudulent financial reporting activities.EXHIBIT 1. A SAMPLE OF CASES OF CORPORATE ACCOUNTING3、Global Regulatory Action for Corporate and Accounting ReformsI. U.S. Sarbanes-Oxley Act of 2002 (SOA 2002)In response to corporate and accounting scandals, the effects of which are still being felt throughout the U.S. economy, and in order to protect public interest and to restore investor confidence in the capital market, U.S. lawmakers, in a compromise by the House and Senate, passed the Sarbanes-Oxley Act of 2002. President Bush signed this Act into law (Public Law 107-204) on July 30, 2002. The Act resulted in major changes to compliance practices of large U.S. and non-U.S. companies whose securities are listed or traded on U.S. stock exchanges, requiring executives, boards of directors and external auditors to undertake measures to implement greater accountability, responsibility and transparency of financial reporting. The statutes of the act, and the new SEC initiatives that followed, are considered the most significant legislation and regulations affecting the corporate community and the accounting profession since 1933. Other U.S. regulatory bodies such as the New York StockExchange (NYSE), the National Association of Securities Dealers Automated Quotation (NASDAQ) and the State Societies of CPAs have also passed new regulations which place additional burdens on publicly traded companies and their external auditors.The Sarbanes-Oxley Act (SOA) is expressly applicable to any non-U.S. company registered on U.S. exchanges under either the Securities Act of 1933 or the Security Exchange Act of 1934, regardless of country of incorporation or corporate domicile. Furthermore, external auditors of such registrants, regardless of their nationality or place of business, are subject to the oversight of the Public Company Accounting Oversight Board (PCAOB) and to the statutory requirements of the SOA .The United States' SOA has reverberated around the globe through the corporate and accounting reforms addressed by the International Federation of Accountants (IFAC); the Organization for Economic Cooperation and Development (OECD); the European Commission (UC); and authoritative bodies within individual European countries.II. International Federation of Accountants (IFAC)The International Federation of Accountants (IFAC) is a private governance organization whose members are the national professional associations of accountants. It formally describes itself as the global representative of the accounting profession, with the objective of serving the public interest, strengthening the worldwide accountancy profession and contributing to the development of strong international economies by establishing and promoting adherence to high quality standards. The Federation represents accountancy groups worldwide and has served as a reminder that restoring public confidence in financial reporting and the accounting profession should be considered a global mission. It is also considered a key player in the global auditing arena which, among other things, constructs international standards on auditing and has laid down an international ethical code for professional accountants. The IFAC has recently secured a degree of support for its endeavors from some of the world's most influential international organizations in economic and financial spheres, including global Financial Stability Forum (FSF), the International Organization ofSecurities Commissions (IOSCO), the World Bank and, most significantly, the European Communities(EC).In October 2002, IFAC commissioned a Task Force on Rebuilding Public Confidence in Financial Reporting to use a global perspective to consider how to restore the credibility of financial reporting and corporate disclosure. Its report, "Rebuilding Public Confidence in Financial Reporting: An International Perspective," includes recommendations for strengthening corporate governance, and raising the regulating standards of issuers. Among its conclusions and recommendations related to audit committees are :1. All public interest entities should have an independent audit committee or similar body .2. The audit committee should regularly report to the board and should address concerns about financial information, internal controls or the audit .3. The audit committee must meet regularly and have sufficient time to perform its role effectively .4. Audit committees should have core responsibilities, including monitoring and reviewing the integrity of financial reporting, financial controls, the internal audit function, as well as for recommending, working with and monitoring the external auditors.5. Audit committee members should be financially literate and a majority should have "substantial financial experience." They should receive further training as necessary on their responsibilities and on the company.6. Audit committees should have regular private "executive sessions" with the outside auditors and the head of the internal audit department. These executive sessions should not include members of management. There should be similar meetings with the chief financial officer (CFO) and other key financial executives, but without other members of management.7. Audit committee members should be independent of management .8. There should be a principles-based approach to defining independence on an international level. Companies should disclose committee members' credentials,remuneration and shareholdings.9. Reinforcing the role of the audit committee should improve the relationship between the auditor and the company. The audit committee should recommend the hiring and firing of auditors and approve their fees, as well as review the audit plan.10. The IFAC Code of Ethics should be the foundation for individual national independence rules. It should be relied on in making decisions on whether auditors should provide non-audit services. Non-audit services performed by the auditor should be approved by the audit committee.11. All fees, for audit and non-audit services, should be disclosed to shareholders.12. Key audit team members, including the engagement and independent review partners, should serve no longer than seven years on the audit .13. Two years should pass before a key audit team member can take a position at the company as a director or any other important management position .III. Organization for Economic Cooperation and Development (OECD)The Organization for Economic Cooperation and Development (OECD) is a quasi-think tank made up of 30 member countries, including the United States (U.S.) and the United Kingdom (UK), and it has working relationships with more than 70 other countries. In 2004, the OECD unveiled the updated revision of its "Principles of Corporate Governance" that had originally been adopted by its member governments (including the U.S. and UK) in 1999. Although they are non-binding, the principles provide a reference for national legislation and regulation, as well as guidance for stock exchanges, investors, corporations and other parties .The principles have long become an international benchmark for policy makers, investors, corporations and other stakeholders worldwide. They have advanced the corporate governance agenda and provided specific guidance for legislative and regulatory initiatives in both the OECD and non-OECD countries.The 2004 updated version of "Principles of Corporate Governance" includes recommendations on accounting and auditing standards, the independence of board members and the need for boards to act in the interest of the company and theshareholders. The updated version also sets more demanding standards in a number of areas that impact corporate executive compensation and finance, such as :1. Granting investors the right to nominate company directors, as well as a more forceful role in electing them.2. Providing shareholders with a voice in the compensation policy for board members and executives, and giving these stockholders the ability to submit questions to auditors.3. Mandating that institutional investors disclose their overall voting policies and how they manage material conflicts of interest that may affect the way the investors exercise key ownership functions, such as voting .4. Identifying the need for effective protection of creditor rights and an efficient system for dealing with corporate insolvency .5. Directing rating agencies, brokers and other providers of information that could influence investor decisions to disclose conflicts of interest, and how those conflicts are being managed .6. Mandating board members to be more rigorous in disclosing related party transactions, and protecting so-called "whistle blowers" by providing the employees with confidential access to a board-level contact .4、ConclusionThe Sarbanes-Oxley Act of 2002 was the U.S. government's response to the wave of fraudulent corporate financial reporting experienced during the 1990s and early 2000s an represented a significant step in regaining investors' confidence in the global financial reporting process. The SOA created new and stricter statutes to avoid a repeat of previous corporate financial disasters. The Act not only applies to U.S. entities but also covers primarily large non-U.S. companies whose securities are listed or traded on U.S. stock exchanges, as well as their non-U.S. external auditors, regardless of their nationality or place of business. Foreign entities have to comply with the SOA by June 2005 .Across the Atlantic, the IFAC, OECD and EU have recognize the recent eruption of corporate scandals in Europe and affirmed the inevitable need forcorporate governance reforms and regulation of the public accounting profession worldwide. The International Federation of Accountants (IFAC) has passed the Code of Professional Ethics for international accounting firms. The Organization for Economic Cooperation and Development (OECD) has passed guidelines for improving corporate governance. The European Union (EU) has proposed a code of conduct for independent auditors, which include a five-year auditor rotation requirement. European countries are also individually involved in improving their corporate laws through governance codes of practice.Sourse: Badawi, Ibrahim M. Review of Business; Spring2005, Vol. 26 Issue 2, p8-14, 7p译文:全球公司会计舞弊和改革行为一、前言随着最近一系列公司虚假财务报告事件在美国发生,类似丑闻也在其他国家被曝光。
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Reasons and countermeasures of listed companies ' financial fraudPick to: financial fraud accompanied by China's reform and opening process and continuous development, bring social harm is more and more apparent, whether to financial fraud effective management by the people's widespread concern. On the listed company's financial fraud concepts and methods were summarized, from the interest drive, corporate governance, accounting personnel occupation moral standards, accounting and auditing system, in-depth analysis of the causes of financial fraud, and in view of the above reasons put forward the corresponding control measuresKey words: financial fraud; reasons; control countermeasures; listed companyIntroductionSince the beginning of Enron in late 2001, cases of financial fraud in listed companies at home and abroad frequently burst out. In early 2006, the Shanghai national accounting Institute Research Center for financial fraud (snaiFFRC) disclosed to "kelong" headed by the "2005 top ten most fraudulent financial companies of the listed companies" means is more amazing the financial fraud of "smart". Self, circulating trading, trading of yin and Yang, the packing channels, always accounting errors, large bath, mergers and acquisitions, restructuring, concealed stocks, the report cash traps, this is a top ten listing companies financial fraud trick.One, the concept of financial fraud and wayFinancial fraud is the subject of false financial information processing in accounting and reporting process, to obtain undue economic interests, used deceptive means to intentionally lied about the importance and financial facts of violations of laws and substantive violations. Financial fraud has four characteristics: unlawful, intentional sexuality, danger, and concealment. Specific means of financial fraud can be said to be endless, but the core is intact. Income fraud including fictitious earnings and revenue across periods; cost of fraud including cross-phase meter cost less and adjustment costs as well as costs of capital; corrupt cash fraud, should be the project assets, such as fraud, less provision for impairment; liabilities are generally less-total liabilities of fraud.Financial fraud means basically has the following several aspects:1.the use of improper accounting policies and accounting fraud. Management typically useintertemporal amortization class accounts for many share, share more, less or less cost to adjust profit. (1) the selection of inappropriate borrowing costs accounting method. In practice, many listed company through misuse of borrowing costs accounting, in build a project completed and not the final. (2) improper selection of equity investment accounting methods. Principles of enterprise accounting regulations: investment enterprises of joint control or significant influence, should adopt equity method; instead, it uses the cost method.But many companies use, when the investee company profit, should not use the equity method investment using the equity method of accounting; when the investee company loss, the equity method to the cost method .(3) improper selection of merging policy. (4) the improper selection of depreciation method.Extended depreciation, by accelerating method is changed into the straight line method, inpractice it is often seen. (5) the improper selection of income, cost confirmation method.Advance or delay the confirmation of income or expense is also listed companies generally adopt cheating. (6) the improper selection of the impairment provision method.2. use of enterprise internal control system defects and the weak link of fraud. As the cashier personnel use enterprise blank check, financial dedicated seal, legal person seal does not separate keeping malpractice, privately issued checks, misappropriation of public funds. Cozy with his duties incompatible staff collude with a fraud.3.related party transaction fraud. The related party transaction fraud, refers to the management using the related party transaction to hide losses, fictitious profits, and not in the statements and notes in accordance with the provisions as appropriate, full disclosure, the resulting information will have on the users of financial statements misleading a fraud method. Typically, Chinese listed companies using the purchase and sale of related fraud, fraud, entrusted with the operation of funds embezzlement, fraud and other four kinds of cost sharing related transactions by way of fictitious profit.4. the assets of fraud. Asset restructuring, mergers and acquisitions, debt restructuring, asset replacement form, occurring between the related parties. Assets reorganization of corrupt corrupt corrupt major mergers and acquisitions and debt restructuring in two ways.5. cover up fraud transaction or fact. Hide transaction or fact of fraud is through the use of accounting statements to hide transactions of listed companies or the truth, or has not been fully disclosed in the notes to the report deals truth an fraud methods.Second, the causes of listed companies ' financial malpracticeListed companies ' financial malpractice caused several of the following reasons:1. financial return far greater than the cost of fraud. To meet listing standards at some companies desperate to find ways to make financial fraud, and fraud, to meet the policy requirements. In addition, because the share price is times the income and earnings per share, and high stock market price/earnings ratio of deformity in China, so the main purpose of listed company's financial fraud is false profits. False profits of $ 1, the circulation market value of listed companies will increase 10 times times times. Relative to the fraud fraud income, cost is too low, from a certain extent, it is too low a fraud cost contributed some fraud.2. corporate governance structure is not perfect. Corporate governance structure is in fact about between owners, the Board of Directors and senior executive officers rights assigned and the arrangement of a system of checks and balances, the reality in China, led directly to the equity structure of listed companies malformations include the general meeting of shareholders, Board of Directors, Board of supervisors, which distort the relationship between corporate governance structure of checks and balances, which has provided an opportunity for financial fraud in listed companies. This is mainly manifested in the following aspects: (1) the ownership structure is not reasonable. As of the second half of 2006, the Shanghai and Shenzhen stock market, shares of over50 listed companies only 185, largest shareholder holding ratio of no more than 25 and only 219, 60~70 listed companies have invaded and occupied by large shareholders of listed company's funds. In the case of high concentration of ownership, possibilities of treatment failure of listed companies increased, listed companies, the greater possibility of financial fraud. (2) the independence of the Board is not strong, internal control is a serious problem. China listed company Director served as Senior Manager of the phenomenon is more prevalent, Director serves as the Senior Manager (internal control) more than 50 per cent of the sample company 32, more than 30 per cent of a sample of 65 companies. In this case, the operation of the Board is usually "Insider" or shareholder control, rather than based on the collective interest. This has led to the phenomenon of frequent corporate financial fraud. (3) the Supervisory Board weakening the oversight function, financial report difficulty in discharging its oversight functions. Based on analysis of listed company financial reporting fraud, Board of supervisors system in suppression of financial fraud in China did not play a role of Directors and managers of monitoring. Listed companies are required by law to set up a supervisory board, Board of supervisors actually are in a very awkward position, lower right or upper right of vulnerable rights of supervision or stronger right.3. accounting staff lack of professional ethics. Finance and accounting personnel who are directly involved in financial fraud, from the macro perspective, is mainly long term and not enough on accounting ethics education, lack of accounting professional standards; micro-perspective, strong sense of company accountants law, in order to meet company leaders of unhealthy psychological, thus violating the ethics of being practical and realistic, objective and fair. In addition, individuals driven by economic interests, has also led to some accountants deliberately forged, altered, hiding and destroyed the accounting information, taking advantage of his position of financial fraud.4. accounting and audit system is not sound. In recent years, although China is making a lot of accounting and auditing legislation, but from the practical point of view are not perfect and sound. Poor operability of some provisions, resulting in accounting fraud an opportunity. New accounting law "legal responsibility" chapter referred to "serious", "criminal", "significant losses" are not quantified, has no specific explanation. 2006 implementation of new accounting standards, provided more accounting options for management, which provides management with more profit opportunities. In addition, lack of punishment measures, social supervision is not strong, quality performance evaluation of accounting does not work, no ability to detect fraud, also can lead to occurrence of listed companies ' financial malpractice.Third, the governance of listed companies’financial fraud countermeasures1. coordinating the relationship between benefits and costs of financial fraud. We should increase the penalties for financial fraud, financial fraud costs more than it gains, so you can basically stop financial fraud. At the same time, in charge of financial malpractice should bear unlimited joint and several financial responsibility, which can to a large extent, inhibit their impulses of illegal counterfeiting. For those who dare to report the accounting officer shall provide ample rewards, so that its behavior is greater than the loss of income to report financial fraud. In this way, financial malpractice liability and they will take the initiative to give up the idea of financial fraud.2. perfect the corporate governance structure. Improve the internal governance structure of thecompany, is to prevent financial fraud, improve the quality of accounting information. (1) to improve the company's ownership structure, can solve the status of minority shareholders and the controlling shareholder is not symmetric. (2) the perfection of listed company's Board. In the establishment of external independent directors on the Board of the company, and provides that a certain proportion of the external independent directors, and established a number of specialized committees, raise the level of professionalization of the Board, to play the role of the Board. (3) improvement Board of supervisors of listed companies. As the Board of supervisors a mere formality, only to stand in the governance structure of the company, to further improve the system of Board of supervisors.3. raising the level of professional ethics of accountants. State management and accounting departments, should continuously strengthen the ideological education of accountants and accounting staff levels continue to improve, making it able to consciously resist financial malpractice, gradually establishing accounting integrity and fair image.4. accounting and auditing systems. Accounting standards and the flexibility of the system is the important basis for financial fraud to achieve. First of all, according to China's actual conditions, principles of system of accounting standards and make appropriate adjustments, in general lack of ethical culture in China now, improving the reliability of the accounting report is the key. Second, correctly handle the relationship between consistency and flexibility, reducing the options available to the company within the scope of accounting system as much as possible, especially when it comes to income and expenses recognized measuring principle, the depreciation of fixed assets, eight-asset impairment provision ratio and maximum detailed provisions should be made. Introduce specific implementation details will be quantitative and specific legal responsibility to explain, this has the advantage of parties a clear financial consequences of fraud, also in favour of the relevant departments to determine the financial fraud and punishable by appropriate penalties. Finally, give full play to the role of public opinion and the media. As the perfection of the securities market, market supervision is not limited to certified public accountants and the Government, the general public and the media has also been involved in the regulatory process.The endAt present, China is in an early stage of market economy, all kinds of deceptive behaviors emerge, accounting activity as a measure of economic activity, inevitably financial fraud. Financial fraud is not only an economic phenomenon, is also a visualization of the deep moral conviction. So, on the governance of financial fraud is a systems engineering, business, community and government supervision of Trinity system is required in all departments and make concerted efforts, coordinate with each other. Only an integrated approach to governance, to create good information environment for China's economic development.Reference.[1] Hou Yanlei, Zhai Yingmin. The financial fraud of listed companies analysis [J]. Economy and management,2006, (7):71-73.[2] Huang Xinjian . Chinese listed company's financial fraud and the Countermeasures Research [J]. Economic survey,2006, (4):77-79.[3] Wang Jianxin. The financial fraud of listed companies : motives and management [J ]. Market modernization,2008, (2):346-347.[4] Yang Yunshu . The financial fraud of listed companies analysis [J ]. Accounting research,2006,(5):62-63.[5]You Xiaofeng. Chinese Research on financial governance of Listed Companies [ M]. Beijing: Economic Science Press,2005: 144-145.[6] Zhang Aimin. The combination of internal and external, prevention of financial fraud of Listed Companies [ J]. Contemporary economy,2006, (2):18-19.[7]Hong Ge. Fraud in financial reports of listed companies governance approach [J]. Economic review,2005, (9):117-137.[8]Wang Haixia. Internal governance structure in listed companies and the prevention of financial fraud [J]. Auditing & Finance,2005, (7):23-24.上市公司财务舞弊原因及对策摘要:财务舞弊行为伴随着中国改革开放的进程而不断演进发展,带给社会的危害也愈来愈明显,能否对财务舞弊行为进行切实有效地治理受到人们的普遍关注。