International GAAP® 2019: Generally Accepted Accounting Practice under International Financial Reporting Standards

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  users and preparers of accounts. The mechanism should be a means of fostering common

  understanding of adopted international accounting standards in the EU community.63

  The European Commission is advised on IFRS by the European Financial Reporting

  Advisory Group (EFRAG). In addition to EFRAG, the European Commission seeks

  approval from its member states through the Accounting Regulatory Committee.

  EFRAG is a private sector body established by the European organisations prominent

  in European capital markets, e.g. Accountancy Europe (formerly: Federation of

  European Accountants (FEE)) and the European Banking Federation. In addition to

  advising the European Commission on endorsement of IFRS, EFRAG is the mechanism

  by which Europe as a whole can participate in the global debate on accounting standards

  and it coordinates European responses to IASB proposals. EFRAG plays a proactive role

  issuing discussion papers, field-test reports and feedback statements on outreach

  events. The objective of the proactive work is to involve European stakeholders at an

  early stage in identifying necessary improvements to financial reporting so as to

  influence the IASB. EFRAG’s activities also include assessments of whether the IASB’s

  proposals and IFRS requirements are conducive to the European public good. This

  includes the interaction with economic concerns, such as financial stability and growth.

  The EFRAG Board includes, in equal numbers, representatives of European stakeholder

  organisations and national standard setters and is led by the President of the EFRAG

  Board, who is nominated by the European Commission. The EFRAG Board is

  responsible for all EFRAG positions and operates on the basis of a consensus-based

  decision-making process with the objective of Europe speaking with one voice. The

  European Commission, the European supervisory authorities and the ECB participate

  in the EFRAG Board in an observer capacity. The EFRAG Board takes all its decisions

  after considering the advice of the EFRAG Technical Expert Group (EFRAG TEG) and

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  the results of EFRAG’s due process, and after hearing from the Accounting Regulatory

  Committee and making all assessments deemed relevant from a political perspective.

  Concerns have been expressed about the EU endorsement process but to date, apart

  from the carve out from IAS 39 – Financial Instruments: Recognition and

  Measurement – and the decision not to endorse IFRS 14 – Regulatory Deferral

  Accounts,64 all IASB standards which are currently effective have ultimately been

  endorsed. However, there are standards and a number of Interpretations Committee

  interpretations that have had delayed application dates. The most notable is the

  effective date for IFRS 10 – Consolidated Financial Statements, IFRS 11 – Joint

  Arrangements, IFRS 12 – Disclosure of Interests in Other Entities, IAS 27 – Separate

  Financial Statements – and IAS 28 – Investments in Associates and Joint Ventures –

  for which the European Commission permitted a one-year deferral to the mandatory

  effective date set by the IASB.

  Another departure from the requirements of IASB standards arose from the

  endorsement of Applying IFRS 9 Financial Instruments with IFRS 4 Insurance

  Contracts (Amendments to IFRS 4) as the regulation contains an additional deferral

  option not included in the original standard.65 A financial conglomerate is allowed to

  elect that none of its entities operating in the insurance sector apply IFRS 9 –

  Financial Instruments – in the consolidated financial statements for financial years

  beginning before 1 January 2021 when certain conditions are met. The European

  Commission added this deferral option as it considers that the amendments to IFRS 4

  – Insurance Contracts – are not sufficiently broad in scope to meet the needs of all

  significant insurance entities in the EU especially when those are operating within a

  financial conglomerate.

  In 2014, the European Commission started an evaluation of the Regulation on the

  application of IFRS to assess whether:

  • the Regulation achieved its objective in an efficient and effective manner;

  • the criteria that all new IFRS should meet to become EU law are appropriate and

  whether the process for adoption of standards works properly; and

  • the governance structure of the bodies developing the standards and advising the

  European Commission is appropriate.

  The evaluation mainly included a public consultation, an informal expert group, and a

  review of literature on the impact of the mandatory adoption of IFRS in the EU and on

  the performance of IFRS during the financial crisis. The results were included in a report

  issued on 18 June 2015. The key findings showed that IFRS was successful in creating a

  common accounting language for capital markets and that there is still no well-defined

  alternative to IFRS. The evidence from the evaluation also showed that the objectives

  of the Regulation remain relevant. Companies that responded to the public consultation

  were mostly positive about their experience of using IFRS and in most cases, benefits

  outweighed costs. Investors also largely supported IFRS for improving the transparency

  and comparability of financial statements. Most stakeholders considered that the

  process through which IFRS become part of EU law works well.

  However, the report identified room for improvement in some areas. Amongst others,

  it was noted that the coherence of standards with EU laws should continue to be

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  assessed during standard development and endorsement. In addition, the European

  Commission announced that it will look at whether the powers of the European

  supervisory authorities are sufficient and will consider measures to simplify the

  endorsement process. Furthermore, the European Commission suggested that the IASB

  strengthen its impact analysis and consider the needs of long-term investors when

  developing standards.

  The European Commission followed up on this issue in March 2017 when it launched a

  public consultation on the operation of the European Supervisory Authorities (ESAs)

  one of which is the European Securities and Markets Authority (ESMA).66 The

  consultation document suggested that the review of the ESAs’ operation might also be

  used to streamline the endorsement process in the EU and that this could be achieved

  by giving ESMA an advisory role in the endorsement process. The feedback from

  numerous stakeholders, however, was not favourable for the proposals and a vast

  majority of the respondents were of the view that there is no reason to change the

  current endorsement process or the role of EFRAG.67 In addition, stakeholders

  emphasised that a clear separation of powers between standard setting and enforcement

  should be maintained to avoid conflicts of interest.

  On 31 January 2018, the High-Level Expert Group (HLEG) on Sustainable Finance,

  established by the European Commission, published its final report setting out strategic

  recommendations for a financial system that supports sustainable investments.68 In this

  report, the HLEG recommends the European Commission to change the Regulation:

  • ‘to specify tha
t international accounting standards should only be adopted if they

  are conducive to the European public good, including its sustainability and long-

  term investment objectives; and

  • to provide the power to the EU to adjust specific aspects of IFRS standards

  adopted by the IASB before transposing them into EU law. This would remove

  the anomaly of the EU being the only constituency currently forgoing such a

  possibility and can be confined to cases where key overarching EU policy goals

  would otherwise be compromised.’

  Reference to the HLEG report has been made when the European Commission

  launched in March 2018 a consultation document ‘Fitness Check on the EU Framework

  for Public Reporting by Companies’ (the Consultation Document) which generally seeks

  stakeholder views on whether the EU framework for public reporting by companies is

  fit for purpose.69 The objectives of this fitness check are:

  • to assess whether the EU public reporting framework is overall still relevant for

  meeting the intended objectives, adds value at the European level, is effective,

  internally consistent, coherent with other EU policies, efficient and not

  unnecessarily burdensome;

  • to review specific aspects of the existing legislation as required by EU law; and

  • to assess whether the EU public reporting framework is fit for new challenges (such

  as sustainability and digitalisation).

  The Consultation Document states that the above-mentioned European Commission’s

  evaluation of the Regulation in 2015 showed that the use of IFRS in the EU has

  significantly increased the credibility of IFRS and its use worldwide.

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  However, the current level of commitment to IFRS by third country jurisdictions would

  differ significantly and that very few of the major capital markets and large jurisdictions

  have made the use of IFRS as issued by the IASB mandatory. The European Commission

  then concludes that as a result, the level of global convergence achieved is sub-optimal

  compared to the initial objective on global use. The Consultation Document also

  addresses the issue that the current endorsement process prevents the EU from

  modifying the content of the standards issued by the IASB. The European Commission

  claims this fact has raised concerns, citing the report of the HLEG, that this lack of

  flexibility would prevent the EU from reacting if these standards were to pose an

  obstacle to broader EU policy goals such as long-term investments and sustainability.

  The questionnaire in the Consultation Document therefore asks respondents whether

  it is still appropriate that the Regulation prevents the European Commission from

  modifying the content of IFRS, given the different levels of commitment to require IFRS

  as issued by the IASB around the globe. Responses were due by July 2018 and the

  analysis of the response letters will likely not be publicly available before 2019.

  4.2.2 Russia

  Stand-alone financial statements are required to be prepared by all legal entities in

  accordance with Russian Accounting Principles (RAP). Most of RAP are substantially

  based on IFRS, although some IFRSs have no comparable RAP standard and some RAP

  standards that are based on IFRS have not been updated for recent changes.

  However, Russian Federal Law On consolidated financial statements (the Law) requires

  mandatory application of IFRS for the preparation and presentation of consolidated

  financial statements by certain Russian entities, including credit institutions, insurance

  companies, listed companies, non-state pension funds, management companies of

  investment funds, mutual funds and non-state pension funds, and clearing institutions.

  In addition, pursuant to the Law, the Russian government issued a regulation that

  required certain state unitary enterprises and state-owned public joint stock companies

  to present their consolidated financial statements in accordance with IFRS. Russian

  entities that are otherwise in the scope of the Law but have no subsidiaries are also

  required to present their IFRS financial statements in addition to their single entity

  financial statements prepared under RAP. Credit institutions and listed companies are

  required to present their half-year interim consolidated financial statements under IFRS

  for interim purposes.

  Credit institutions and listed companies are also required to present their half-year

  interim consolidated financial statements under IFRS for interim purposes.

  There is an IFRS endorsement process in Russia. Individual IFRSs (standards and

  interpretations) become mandatory starting from the effective date specified in the

  IFRS or from the date of its endorsement if it is later. IFRSs can be voluntarily

  applied after they are endorsed but before their effective date. In practice, the time

  period between the IASB issuing a new or amended standard and its endorsement

  in Russia is not significant, which allows Russian companies to early adopt IFRSs

  and amendments.

  The IFRS endorsement process involves an analysis of the Russian language text of an

  IFRS, provided by the IFRS Foundation, by the National Organization for Financial

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  Accounting and Reporting Standards Foundation (NOFA), an independent, non-

  commercial organisation identified by the Ministry of Finance of the Russian Federation

  (Ministry of Finance). NOFA performs an analysis of an individual IFRS’s suitability for

  the Russian financial reporting system. NOFA advises the Ministry of Finance whether

  an IFRS should be endorsed as issued by the IASB or whether certain requirements

  should be ‘carved out’ to meet the needs of the financial reporting system in Russia. The

  Ministry of Finance, after consultation with the Central Bank of the Russian Federation,

  makes the final decision on endorsement and publication of an IFRS.

  At the time of writing, the Ministry of Finance endorsed, without any ‘carve outs’, all

  IFRSs effective from 1 January 2018. IFRS 16 – Leases, IFRS 17 – Insurance Contracts –

  and IFRIC 23 – Uncertainty over Income Tax Treatments – were also endorsed and,

  therefore, are available for early adoption by Russian companies.

  4.3 Americas

  4.3.1 US

  See 3.2 above for a discussion of the status of US adoption of IFRS.

  4.3.2 Canada

  For publicly accountable enterprises, the Accounting Standards Board (AcSB) adopted

  IFRS as Canadian GAAP for fiscal years beginning on or after 1 January 2011, with

  some deferrals for certain types of entities, which have now expired, and with the

  exception of pension plans and benefit plans that have characteristics similar to

  pension plans. Such plans follow the accounting standards for pension plans issued by

  the AcSB as of 1 January 2011, rather than IAS 26 – Accounting and Reporting by

  Retirement Benefit Plans.

  The definition of ‘publicly accountable enterprises’ is essentially the same as ‘publicly

  accountable entity’ in IFRS for SMEs. Canadian publicly accountable enterprises that

  are registered with the US SEC are permitted to apply US accounting standards rather

  than IFRS. SEC registered Canadian entities operating in industries dominated by US
<
br />   entities tend to favour US accounting standards over IFRS. In addition, securities

  regulators have indicated that they will consider permitting the use of US standards by

  Canadian rate-regulated entities that file with Canadian securities commissions even if

  they are not SEC registered. A number of these entities have been granted permission

  to use US standards.

  For non-publicly accountable enterprises and not-for-profit organisations, the AcSB has

  developed new bases of accounting that are derived from Canadian standards rather than

  IFRS, although IFRS is also available for use by those entities on a voluntary basis.

  The adoption of IFRS in Canada for publicly accountable enterprises means that the

  AcSB has effectively ceased to make final decisions on most matters affecting the

  technical content and timing of implementation of standards applied to publicly

  accountable enterprises in Canada. The AcSB’s plans for incorporating new or amended

  IFRS into Canadian standards include reviewing all IASB documents issued for

  comment. As part of this process, the AcSB seeks the input of Canadian stakeholders by

  issuing its own ‘wraparound exposure draft’ of the IASB proposals, together with a

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  document highlighting the key elements of the IASB proposals that are particularly

  relevant to Canadian stakeholders. In addition, the AcSB may perform outreach

  activities such as public roundtables. Any changes to IFRS must be approved by the

  AcSB before becoming part of Canadian GAAP.

  While the AcSB retains the power to modify or add to the requirements of IFRS, it

  intends to avoid changing IFRS when adopting them as Canadian GAAP. Accordingly,

  the AcSB does not expect to eliminate any options within existing IFRS. As issues

  relevant to Canadian users of financial information arise in the future, the AcSB will

  work to resolve them through the Interpretations Committee or the IASB. In the event

  that a resolution by the Interpretations Committee or IASB is not possible, the AcSB

  will stand ready to develop additional temporary guidance.

  The AcSB has an IFRS Discussion Group to provide a public forum to discuss the

  application of IFRS in Canada and to identify matters that should be forwarded to the

 

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