
INDEPENDENT AUDITOR’S
REPORT
TO
THE
MEMBERS’
OF
SYNDICATE 5000 (continued)
Irregularities, including fraud, are instances of non-compliance with laws and regulations. We design procedures
in line with our responsibilities, outlined above, to detect material misstatements in respect of irregularities,
including fraud.
Based on our understanding of the syndicate and its industry, we considered that non-compliance with the
following laws and regulations might have a material effect on the syndicate annual accounts: Data Protection
Act, GDPR, proceeds of crime and anti-money laundering, Health and Safety act, Bribery Act 2010, permissions
and supervisory requirements of the Prudential Regulation Authority (‘PRA’) and the Financial Conduct Authority
(“FCA”), and regulations set by the Council of Lloyd’s.
To help us identify instances of non-compliance with these laws and regulations, and in identifying and assessing
the risks of material misstatement in respect to non-compliance, our procedures included, but were not limited
to:
•
Gaining an understanding of the legal and regulatory framework applicable to the syndicate and the
industry in which it operates, and considering the risk of acts by the syndicate which were contrary to
the applicable laws and regulations, including fraud;
•
Inquiring of directors and management of the Managing Agent and the syndicate’s management as to
whether the syndicate is in compliance with laws and regulations, and discussing their policies and
procedures regarding compliance with laws and regulations;
•
Inspecting correspondence, if any, with relevant licensing or regulatory authorities including the PRA,
FCA and the Council of Lloyd’s;
•
Reviewing minutes of meetings of the Managing Agent in the year and up to the date of this report; and
•
Discussing amongst the engagement team the laws and regulations listed above, and remaining alert
to any indications of non-compliance.
We also considered those laws and regulations that have a direct effect on the preparation of the syndicate
annual accounts such as United Kingdom Generally Accepted Accounting Practice, The Insurance Accounts
Directive (Lloyd’s Syndicate and Aggregate Accounts) Regulations 2008 and the Lloyd’s Syndicate Accounts
Instructions.
In addition, we evaluated the directors’ and management of the Managing Agent’s and the syndicate
management’s incentives and opportunities for fraudulent manipulation of the syndicate annual accounts,
including the risk of management override of controls and determined that the principal risks related to posting
manual journal entries to manipulate financial performance, management bias through judgements and
assumptions in significant accounting estimates that involve more complex assumptions and subjective inputs,
in particular in relation to valuation of the provisions for the settlement of future claims, revenue recognition
(which we pinpointed to the valuation of binder business and pipeline business), and significant one-off or
unusual transactions. Our audit procedures in relation to fraud included but were not limited to:
•
Making enquiries of the directors and management of the Managing Agent and syndicate management
on whether they had knowledge of any actual, suspected or alleged fraud;
•
Gaining an understanding of the internal controls established to mitigate risks related to fraud;
•
Discussing amongst the engagement team the risks of fraud;
•
Addressing the risks of fraud through management override of controls by performing journal entry
testing;
•
Reviewing the accounting estimate in relation to valuation of insurance liabilities for evidence of
management bias and performing procedures to respond to the fraud risk in revenue recognition;
•
Designing audit procedures to incorporate unpredictability around nature, timing or extent of our testing;
and
•
Considering significant transactions outside the normal course of business. Our approach included
reviewing Board minutes, review of correspondence with the PRA, FCA and Lloyd’s, and substantively
testing the transactions and related disclosures where considered material.