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"Auditing firms know that the S.E.C. has the right to subpoena and review and consider audit work papers.
The S.E.C. filed an administrative action against Deloitte Touche Tohmatsu CPA Ltd. of Shanghai for refusing to provide audit work papers related to the unidentified company.
"We have no idea what the original audit work papers really were," said Robert L. Mitchell, the assistant district administrator for the S.E.C.'s office in San Francisco.
Would American inspectors have access to audit work papers so they could form their own conclusions about the effectiveness of Chinese inspections, or would they just watch from across the room?
"I continue to believe the Chinese regulatory authorities have every reason to resolve these issues of transparency and access to audit work papers," said James R. Doty, the chairman of the oversight board.
The Securities Industry Association has been making a push to do away with Senate language that would force the retention for five years of certain audit work papers, and give new civil protections to whistle-blowers.
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Mr. Tong said his agency had talked with counterparts in the United States and Hong Kong regarding the issue of sharing Chinese audit working papers.
Last week China sent another delegation to the United States to talk about these issues with American regulators, and a Chinese official was quoted by The Financial Times as telling a Hong Kong audience that audit working papers should be shared with other regulators — something the Chinese supposedly agreed to a decade ago but had never actually done.
Most controversially, foreign auditors will have to send audit working papers on their clients to the board if ordered to".We are not some sort of corporate backwater," says Dame Judith Mayhew, chairman of the Corporation of London's policy and resources committee, who complains that the SEC is trying to set itself up as a global regulator.
A source with knowledge of the matter said HP and its advisers did not have access to the Deloitte audits or work papers during the due diligence process.
Deloitte did not do its own audit but instead relied on the work papers of Arthur Andersen auditors.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com