Australian Audits - A Comprehensive Research Process

The Audit – A Regulatory Requirement

LM Investment Management Ltd (LM) and the registered funds it manages are required to be audited. The external audits (Ernst & Young) provide independent assurance that the financial statements give a true and fair view of the financial position of the entities.

Australia’s regulatory system is recognised as one of the best in the world and the audit of financial reports and compliance plans represents an important part of this process.

The audit is a regular and completely rigorous investigation carried out on a fund and its offerings/assets.

The following information is provided to assist clients in understanding the independent work conducted by external auditors during the course of their audit of LM Investment Management Ltd, the Manager, and the funds LM manages.

An understanding of the audit process provides potential and existing investors with an integral part of their due diligence. LM is of the opinion that the process carried out by independent research houses does not identify risks sufficiently on various investments, due to, amongst other things, a "time" constraint and the "all care no responsibility" clause often seen in research reports.

The auditors actually share the responsibility with the fund manager of ensuring that the financial accounts of the funds and the Manager are prepared correctly and that the management processes employed are strictly in accordance with the Constitution and Compliance plan. In LM's opinion the audit carries more weight than a report from a research house.

Contrary to the few hours spent by research people with a select group at a fund manager, the auditors will spend several months each year at LM’s Head Office in the process of undertaking audits on the fund manager, the funds and compliance with documented management procedures.

The Audit Process

The auditors check and review over and above what you would expect to see in a research report. It is a comprehensive process which encompasses the following areas:-

• Investment style;

• Investment term;

• Investment process;

• Investment performance;

• Portfolio risk management;

• Liquidity management;

• Loan management and recoverability; • Loan file reviews;

• Independent valuations;

• Profile of the management group;

• Market share;

• Custody of assets;

• Compliance;

• Administration and back office services;

• Customer service; and

• IT – including back up and disaster recovery.

Independent research is not as comprehensive or thorough as an audit. Audits carry "today’s" information about a manager and a fund and "today’s" information is updated and signed off by the auditors twice a year.

LM Investment Management Ltd and its Registered Schemes (Australia)

As a critical component of the strict regulatory requirements in Australia, external auditors are engaged to audit both the financial reports and the compliance plan of LM’s registered schemes (the technical term for an Australian registered managed investment fund, "fund/s") and the financial reports of LM Investment Management Ltd, the Manager.

Importantly, all investor assets (fund assets) must be held, audited and accounted for separately from that of the fund manager (LM). Investors hold a beneficial and legal interest in the fund in which they have an investment.

The auditor gets to know the client - LM

The auditors spend a good deal of time getting to know the Manager (LM) and its managed funds.

The auditors regularly meet with LM’s directors, CFO, corporate accountants, fund accountants and Information Technology department to ensure all processes are in order. In addition, they confirm valuation, recoverability and the lending process with LM’s commercial lending department.

They also check the existence of a strong overall framework and audit trail, and ensuring they have direct access to those responsible for managing it.

The auditors present and meet with LM’s executive directors as a final step prior to issuing the audit reports.

Financial Report Auditing

The financial reports are audited as at 30 June annually, the end of the Australian financial year. For each registered scheme (fund) with over 100 members, a further review is conducted each half year as at 31 December.

The financial statements for the LM Managed Performance Fund are audited as at 31 December annually.

The audited financial reports are made available to each member of the scheme (fund) and are also published on LM’s website, www.LMaustralia.com. They contain an independent audit opinion which confirms that the financial reports as prepared by the Manager give a true and fair view of the financial position of the schemes (funds) and the Responsible Entity as at each reporting period.

The financial reports of both LM and its registered schemes (funds) are prepared in accordance with Australian and International Accounting Standards and the Corporations Act 2001. The opinion provided by the auditors is in accordance with Australian Auditing Standards and International Standards on Auditing.

The auditors generally attend LM’s offices each quarter, and for several months each year in total, to conduct ongoing verification work and prepare for the finalised reports.

Broadly, the audit involves examination of the accounting systems, internal controls and related data. It is designed to align the audit process with the analysis of the real business risk of the particular (fund/entity). Essentially, working within the framework of Australian and International Accounting Standards, the auditors must tailor overall assessment of the audit across all areas of risk, placing significant emphasis and focus on those risks which may have a significant impact on the financial reports.

The type of verification work conducted by the auditors on the financial reports for the Responsible Entity (funds manager) and its registered schemes (funds) is extensive.

Fund assets are predominantly loans and the audit focuses on both the lending process, and the value of the loan security to substantiate the unit price of the fund for investors. A full listing of loans and reconciliations (which confirm the balance of each loan and investment held by the scheme (fund)) are provided to the auditors.

The auditors also obtain copies of each independent valuation to support the carrying value of each loan. Where a sales contract or offer to purchase a particular security value is in existence, a copy of this is also provided. An assessment is also conducted on each loan to ensure that any provisions for impairment are brought to account immediately, if required, to ensure that the correct carrying value of each loan is reflected in the financial statements.

The audit work performed is significant and thorough and provides investors with an independent confirmation of the value of their investment and the integrity of the management process.

Compliance Plan Audit

In order to be offered as a registered managed fund in Australia, each scheme (fund) must register two main legal documents with the Australian Securities and Investment Commission (ASIC). These two documents are called the constitution and compliance plan, and legally bind the Manager to operate the fund in accordance with those two documents.

During the course of each audit, the auditors confirm that the schemes (funds) are being operated in accordance with these documents.

The compliance plan audit is a separate independent report signed by a different partner of the auditor to that who signs the financial audit.

The compliance plan of each registered scheme (fund) is audited annually as at 30 June.

The audit of the compliance plan is thorough and exhaustive and examples of the verification work are set out as follows:-

Separation of assets

Auditors must ensure that the fund assets are clearly indentified as fund assets and held separately from assets of LM and any other LM fund.

Valuation of funds assets

Ensuring that fund assets are valued at regular intervals that are appropriate to the nature of those fund assets.

Payments

Ensuring that all payments from fund assets are made in accordance with the funds’ constitution and Corporations Act and within appropriate timeframes.

Reporting

Reporting to ASIC any breaches of the Corporations Act that could have a materially adverse effect on investors.

Financial requirements

Ensuring that LM as the Responsible Entity has, at all times, complied with the financial conditions of its licence. This includes LM’s holding minimum net tangible assets of AUD$5 million to ensure that the business remains financially sound.

Internal audits

Our inhouse compliance department also conducts monthly audits which are provided to the auditors for independent review.

Disclosures

Ensuring that any matters relevant to an investor’s investment are appropriately disclosed in the product disclosure statement.

Conclusion

The audit process is expansive. It provides investors with up to date comfort in relation to both the reported valuation and ongoing management of the investment.


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