Sinkina O.N. —
Positioning of the concept of corporate restructuring in the EU member-states and its approval by the auditor
// Theoretical and Applied Economics. – 2021. – ¹ 1.
– P. 131 - 151.
DOI: 10.25136/2409-8647.2021.1.31708
URL: https://en.e-notabene.ru/etc/article_31708.html
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Abstract: The object of this research is the concept of restructuring, which in the conditions of crisis in the European Union is positioned as an instrument for its overcoming and the procedure for its verification by the auditor. The subject of this research is a range of question associated on the peculiarities of positioning of the concept of restructuring in the EU. The article analyzes the criteria for insolvency and tests for the presence of the signs of insolvency according to the national legislation of the EU jurisdiction based on the typical crisis process. The author introduces the definition of the concept of restructuring, its framework and elements. The recommendations of the European Commission on overcoming crisis situations and insolvency of companies are provided; the principles of preventive concept of restructuring are analyzed; the auditor’s procedures pertaining to the concept of restructuring are formulated. The research methodology relies on the fundamental provisions presented in the works of foreign scholars. The main conclusions are as follows: the responsibility of the corporate management in a number of EU member-states includes verification of compliance with the established criteria of insolvency on the regular basis; for this, it is necessary to submit the report to regulatory authorities on the current state of the company and decision on overcoming the crisis, usually in the form of the concept of restructuring approved by the auditor. The scientific novelty of this research consists in: 1) generalization of legal regulation of the criteria of insolvency in the EU member-states, tests for the presence of the signs of insolvency, responsibility of corporate management, outline of the restructuring plan; 2) positioning of the concept of restructuring, formulation of definition of the concept of restructuring, its framework and elements; 3) analysis of the principles of the preventive concept of restructuring of the European Commission; 4) development of audit procedures concerning the concept of restructuring.
Sinkina O.N. —
Particularities of Developing of the Audit Model for Supervising the Process of Grouping Business Entities
// Theoretical and Applied Economics. – 2016. – ¹ 4.
– P. 1 - 12.
DOI: 10.7256/2409-8647.2016.4.20450
URL: https://en.e-notabene.ru/etc/article_20450.html
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Abstract: The object of the research is the developing of the audit model for supervising the process of grouping of a business entity that performs activities aimed at changing the size of business through integration. The subject of the research is the combination of theoretical and practical aspects of increasing the quality of the audit over integration processes. In her research Sinkina describes peculiarities of the legal regulation of audit activities over integration processes both in Russia and foreign states and defines audit methods to be applied at the stage of planning and making a decision about integration as well as the stage of performing the integration process. The author of the article describe issues to be paid attention during audit over integrating enterprises and offers her own model of the audit over integration at the stage before intergration and at the stage during integration. The methodological basis of the research involves fundamental provisions described in Russian and foreign researches. In the course of ther research Sinkina has used the systems approach as well as general and special resaerch methods such as abstraction, analysis and synthesis, induction and deduction, comparative analysis, grouping. Integration processes are associated with higher inherent risks and therefore considerable risks of accounting errors. In order to decrease these risks the author offers her own model of control over integration processes that implies methods and audit procedures related to integration processs and applied at the stage before integration or when integration is taking place. The scientific novelty of the research is caused by the following: 1. The authors summarizes the system of the legal regulation of audit activities over integration in Russia and foreign states. 2. The author describes audit methods to be applied at the stage of planning and decision making as well as at the stage when integration is taking place. 3. The author develops her own model of control over integration processes. 4. The author develops audit procedures related to integration processes that are applied at the stage before integration and at the stage during integration.
Sinkina O.N. —
Tax Due Diligence as an Element of Integrated Pre-Investment Analysis of a Company
// Taxes and Taxation. – 2016. – ¹ 3.
– P. 253 - 263.
DOI: 10.7256/2454-065X.2016.3.17572
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Abstract: The object of the research is the development of pre-investment analysis of a company (due diligence) and tax due diligence as the subdivision of such analysis as well as their ole on the merger/take-over market. The subject of the resaerch is a series of theoretical and practical issues aimed at increasing the quality and efficiency of due diligence procedures. In her research Sinkina has analyzed the legal origin and today's approaches to due diligence and described the process, structure and contents of due diligence. The author also describes the methods and procedures of due diligence and advantanges of the integrated model. Special attention is paid to the arrangement of tax due diligence and presentation of 'tax opinion'. The methodological basis of the research involves fundamental provisions presented in Russian and foreign researches. in her research Sinkina has used the systems approach to studying the aforesaid issues as well as general and specific research methods such as abstraction, analysis and synthesis, induction and deduction, comparative analysis and grouping. The main conclusions of the research are the following. Due diligence has two definitions. First of all, it is assessment of risks and opportunities associated with a proposed transaction to be performed on the merger/take-over market. Secondly, it is the standard of due care required for certain operations. In both cases, due diligence is the analysis of the accuracy of information regarding future investment or decision and assessment of the future potential of a business transaction. Due diligence analysis can be applied to various spheres. However, tax due diligence is crucial for creating an image of a potential target company. One of the reasons of unsuccessful and failed transactions on the merger/take-over market in Russia and foreign states is ignoration of pre-investment analysis. The scientific novelty of the research is caused by the fact that the author of the article justifies a number of recommendations for making a successful transaction:
1. to conduct a thorough integrated pre-investment research,
2. to pay due attention to tax due diligence,
3. to provide access to the virtual 'data room' for consultants so that they can collect information about their object of analysis,
4. to keep in mind that the time spent on due diligence is directly proportional to the efficiency and productivity of analysis;
5. to provide a detailed SWOT analysis of a business transaction based on the results of due diligence, SWOT analysis is being made from the points of view of different disciplines which should create the basis for the executive deicision making process. The author of the article agrees to many researchers that there is a growing need for special standartization of due diligence and tax due diligence as the basis for the risk-oriented approach used in audit. The author also makes a suggestion that the transition of Russia to international audit standards in January 1, 2018 shall increase the quality of due diligence as a result of involvement of specialists from different spheres without auditors and consequently reduce the expenses of such analysis which is especially important in the pre-investment period.