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Companies Act 2006: new auditor criminal offence

The Act introduces a new criminal offence of 'knowingly or recklessly' giving a misleading audit opinion.

The new offence applies from 6 April 2008.

Our concern was that auditors acting innocently or unwittingly might be swept up, or at least think that they could be.

Following representations by ICAEW, the government has now prepared and issued guidance to prosecutors clarifying that this is not the intent.

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