– more than meets the eye? Colin Parker Head of GAAP Consulting www.gaap.com.au For the Strategy Group Melbourne 2 December 2013 Disclaimer © GAAP.com.au Pty Ltd Oct 2013 – all rights reserved This presentation is intended for instruction. It is general information only, and is not specific business advice or financial advice and no person should rely on the contents without first obtaining advice from a qualified professional person acting in that role or reference to source materials such as accounting standards. Nevertheless, all care has been taken in preparing this information to the time of its distribution at the training event. GAAP Consulting, related entities, officers and employees do not accept any contractual, tortuous or other form of liability for this content or for any consequence arising from its use or for omissions or errors, including responsibility to any person by reason of negligence. Blockbuster snapshot Standard Transition 1/1/ 2012 (3rd Balance Sheet date) Comparatives 31/12/2012 Financial Statements 31/12/2013 YES YES YES 1/1/2013 1/1/2013 31/12/2013 31/12/2014 31/12/2014 31/13/2014 YES YES YES AASB 12 Disclosures of interests in other entities NA YES YES AASB 13 Fair value NA YES YES • AASB 10 Consolidated financial statements • Investment entities • NFPs affected AASB 11 Joint arrangements “The potential effect of these Standards is yet to be fully determined” a listed for 30 June 2013 4 Today’s focus is on AASB 10 – understand the basics 1. Key concepts only – its about identification! 2. Investment entity exemption 3. NFP guidance 4. Disclosure 5. YOUR actions now! Context • The Problem – Practice varied – Perceived differing concepts in IAS 27 (control) and SIC-12 (indicators of control) – GFC • • • • • Objective Key features Changed/unchanged Result Retrospectivity under AASB 108 – Third balance sheet Interaction between AASB 10,11,12, and AASB 128 Control alone? Yes No Consolidation – AASB 10 Disclosures in accordance with AASB 12 Joint control? No Yes Significant influence? Joint arrangement – AASB 11 Disclosures in accordance with AASB 12 Yes Associate - AASB 128 Disclosures in accordance with AASB 12 No AASB 9 Where does AASB 10 have impact? Special purpose vehicles Agent or principal? De Facto control (< 50%) Potential voting rights Silos guidance • Used to consolidate based on exposure to risks • Now control = power + exposure to variable returns • Is investor / decision-maker acting as agent or principal? • e.g. Investment managers / asset managers • New model – consider all facts and circumstances • Relationships without contracts may be judged as giving control • AASB 127 – currently exercisable • AASB 10 – determine if substantive • Are specified assets a separate entity for control purposes if investee has power over those assets only? Elective, exemptions & transition • Elective for a parent where conditions met: 1. WOS or partly sub, all owners informed, no objection 2. Debt or equity instruments not traded in a public market 3. Not a ‘filer’ for purpose of issuing any class of financial instruments in a public market 4. Ultimate or intermediate parent produces CFS • Available for public use • Comply with IFRS • Exclusions – ‘Employee benefits’ & Investment entities • Transition – business combinations AASB 10 Consolidated financial statements • If an entity is a parent, it prepares consolidated financials • An entity is a parent if it controls an investee • An entity controls another if: “it is exposed, or has rights, to variable returns from its involvement with the investee and has the ability to affect those returns through its power over the investee.” What is the difference? The change: Previously, AASB 127 defined control as control is the power to govern the financial and operating policies of an entity so as to obtain benefits from its activities New elements in deciding control POWER OVER RELEVANT ACTIVITIES: Is it decided just by voting rights? - I hold the majority - What have the others got? - I don’t hold the majority - Agreements with other voters - Contractual agreements - Potential voting rights - De facto control Control • Investor must – Determine nature of involvement in investee – Identify whether it is parent who controls investee • An investor controls an investee when it is exposed, or has rights, to variable returns from its involvement with investee and has ability to affect those returns through its power over investee • Consider all facts and circumstances Element 1 – power • Existing rights that give it current ability to direct relevant activities • Rights – Straight forward (directly and solely thru voting rights) – Complex (many factors to consider) • Current ability • Two or more investors ‘most significantly’ • Protective rights do not result in power Element 2 & 3 – returns and ability • • • • Returns vary with performance Only one can control but More than one party can share in returns Investor with decision-making rights – principal or agent determination Assessing control Clear 1. Purpose and design of investee? – Equity instruments Vs. voting rights not dominant More Complex 1. Relevant activities and how decisions-made? 2. Rights give current ability to direct relevant activities? 3. Investor exposed, or has rights, to variable returns from its involvement? 4. Investor has ability to use its power over investee to affect amount of investor’s returns? 5. Consider nature of relationship with other parties? Continuous assessment needed Facts change Principal or agent Changes to exposure or rights Power change Event Investment entities – excluded from consolidation 17 Investment entities amendments • Avoid consolidation • Measure eligible subsidiaries at FVTPL instead • Must consider all facts and circumstances when assessing whether it is an investment entity Private equity entity Superannuation funds Venture capital entity Other investment funds Sovereign wealth funds Criteria for an investment entity Obtains funds from one or more investors for purpose of providing those investor(s) with investment management services Commits to its investor(s) that its business purpose is to invest funds solely for returns from capital appreciation, investment income, and Measures and evaluates performance of substantially all of its investments on a fair value basis Typical characteristics 1. More than one investment 2. More than one investor 3. Investors that are not related to entity or other members of group containing entity 4. Ownership interests, typically in form of equity or similar interests (e.g. partnership interests), to which proportionate shares of net assets of the investment entity are attributed NFP context 21 NFP guidance – just released Element NFP context Control Financial interest not necessary Its about the relationship Power Deploy assets or incur liabilities Providing G&S to investor/other parties Might arise from legislation Rights Policy directions Veto rights over budget No need to have day-to-day responsibility Exposure Financial and non-financial Direct and indirect Furtherance of investor’s objectives Disclosure of interests in other entities – its complex! 23 Disclosure of interests in other entities • Objective – Significant judgements and assumptions about interest another entity and type of joint arrangement – Information: subsidiaries, joint arrangements and associates, and structured entities – Additional disclosures to meet objective – Level of detail (aggregate and disaggregate) • Application – 1 January 2013 – Disclosures in AASB 12 limited to operative dates of AASB 10 and 11 – No transitionals; AASB 101 (comparatives) applies ‘Interest’ in another entity • “A contractual and non-contractual involvement that exposes entity to variability of returns from performance of other entity”; evidenced by: – Holding equity or debt instruments – Other forms of involvement (e.g., provision of funding, liquidity support, credit enhancement and guarantees) • Includes means by which entity has control or joint control of, or significant influence over, another • Normally excludes a typical customer supplier relationship Significant judgements and assumptions • Disclose information (and changes) in determining: – Controls another entity – Joint control of an arrangement or significant influence over another entity – Type of joint arrangement when the arrangement has been structured through a separate vehicle • Examples – Does not control another entity even though it holds more than 50% of voting rights – Controls another entity even though it holds less than 50% of voting rights. – An agent or a principal – Significant influence (yes/no at 20% threshold) Subsidiaries • Disclose information that enables users of consolidated financial statements to: – Understand: composition of group and interest that NCI have in group’s activities and cash flows • Evaluate: – Nature and extent of significant restrictions on its ability to access or use assets, and settle liabilities, of group – Nature of, and changes in, risks associated with its interests in consolidated structured entities – Consequences of changes in its ownership interest in a subsidiary that do not result in a loss of control – Consequences of losing control of a subsidiary during the reporting period. Interests in unconsolidated structured entities • Designed so that voting or similar rights are not dominant factor in deciding who controls entity • Disclose information that enables users: – Understand nature and extent of its interests in unconsolidated structured entities – Evaluate nature of, and changes in, risks associated with its interests in unconsolidated structured entities Implications and actions 29 Some implications 1. 2. 3. 4. 5. 6. 7. 8. Knowledge acquisition May change previous consolidation conclusions Dual role an investor in manager of investment fund Update systems and processes (including detailed accounting policies) Debt covenants Stakeholder engagement (Remember Centro responsibilities) Reduced structuring opportunities Opening balances now Action – AASB 10 1. Understand AASB 10 and differences from AASB 127 2. Design a template for AASB 10 determinations that will need to be applied ‘involvement with an entity’ 3. Review all involvements against template 4. Decide on control or not 5. Fine judgements (apply significant judgement rules) 6. Consider independent review of decisions made 7. Apply transition arrangements 8. Revisit information and decision-making process continuously 9. Watch for AASB’s NFPs guidance Action – AASB 12 1. Understand AASB 12 and start ASAP 2. Identify all interests in other entities (documentation vital) 3. Organise other entities to supply required information in a timely manner 4. Consider aggregating and disaggregating information 5. Remember you are unique (no cutting and pasting) 6. Draft notes well in advance 7. Consider independent assurance 8. Revisit for each reporting period GAAP Consulting Network ‘Excellence in Financial Reporting’ www.gaap.com.au Further assistance Colin Parker Founder and head of GAAP Consulting Network Team leader advisory & litigation support Former member of AASB colin@gaap.com.au www.gaap.com.au LinkedIn Colin Parker 0421 088 611 • • Independent advice on accounting, auditing & superannuation • Litigation and regulatory support • Briefing on contemporary issues • Training • GAAP and GAAS information services Free fortnightly newsletter • GAAP Alert reports changes in financial reporting, auditing and professional standards Twitter: gaapconsulting – over 1100 tweets!