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Sep 19, 2024 08:37 PM

PricewaterhouseCoopers Zhongtian Faces Heavy Fines and Multiple Impacts (AI Translation)

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文|财新 王娟娟 程思炜

By Caixin's Wang Juanjuan and Cheng Siwei

  【金融我闻/王娟娟、程思炜】因为纵容甚至帮助掩盖恒大地产连续几年数千亿的财务造假,普华永道中天会计师事务所(特殊普通合伙)(下称“普华永道中天”)被重罚。但目前的处罚仍并非结局,冲击必将会继续绵延下去,新客户难以开发,老客户不断流失。能不能走出丑闻,找回过去32年在中国一砖一瓦所建立起来的信誉,普华永道中国所还面临极大的不确定性。

【Finance Insight by Wang Juanjuan and Cheng Siwei】 For its role in condoning and even helping to cover up Evergrande Real Estate's multi-billion yuan financial fraud over several years, PricewaterhouseCoopers Zhongtian LLP (PwC Zhongtian) has been heavily penalized. However, the current penalties may not be the end of the ordeal, as the fallout is likely to continue. New clients are hard to acquire, while old clients are steadily abandoning the firm. PwC’s office in China faces significant uncertainty about whether it can emerge from the scandal and regain the reputation it has built incrementally over the past 32 years in the country.

  2024年9月13日晚间,财政部、证监会同步公开了各自对普华永道中天的行政处罚决定,两部门合计对普华永道中天顶格罚没4.41亿元;普华永道中天被暂停经营业务六个月,广州分所遭撤销;另有11名涉案的注册会计师被罚,其中4人被吊销执照。

On the evening of September 13, 2024, the Ministry of Finance and the China Securities Regulatory Commission (CSRC) simultaneously published their respective administrative sanction decisions against PricewaterhouseCoopers Zhong Tian (PwC Zhong Tian). The combined fines and confiscations from the two departments amounted to 441 million yuan. PwC Zhong Tian was suspended from business operations for six months, and its Guangzhou branch was shut down. Additionally, 11 involved certified public accountants were penalized, with four of them having their licenses revoked.

  与其他四大会计师事务所一样,普华永道中天是普华永道全球网络的中国本土所,为香港公司恒大地产出具审计报告的是普华永道香港成员所,两个所虽具有相同的法律地位,但同属普华永道亚太及中国区,由香港成员所主席赵柏基执掌。

Like the other Big Four accounting firms, PwC Zhong Tian is the Chinese affiliate of the PwC global network. The audit report for Hong Kong-listed Evergrande Real Estate was issued by PwC's Hong Kong member firm. While both firms share the same legal status, they both fall under PwC's Asia Pacific and China region, headed by PwC Hong Kong's Chairman, Raymond Chao.

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Caixin is acclaimed for its high-quality, investigative journalism. This section offers you a glimpse into Caixin’s flagship Chinese-language magazine, Caixin Weekly, via AI translation. The English translation may contain inaccuracies.
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PricewaterhouseCoopers Zhongtian Faces Heavy Fines and Multiple Impacts (AI Translation)
Explore the story in 30 seconds
  • PwC Zhongtian faced 441 million yuan in combined fines and a six-month suspension due to its role in Evergrande’s financial fraud.
  • PwC's Guangzhou branch was closed and eleven accountants were penalized, with four losing their licenses.
  • The firm faces ongoing investigations and potential civil claims in Hong Kong, while PwC Global intervened to manage PwC China during the crisis.
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Explore the story in 3 minutes

PricewaterhouseCoopers Zhongtian LLP (PwC Zhongtian) has been heavily penalized for its role in Evergrande Real Estate's multi-billion yuan financial fraud, leading to significant fines, the suspension of its business operations for six months, and penalties for 11 certified public accountants [para. 1]. The penalties were imposed by the Ministry of Finance and the China Securities Regulatory Commission (CSRC) [para. 2]. This scandal could have long-lasting repercussions for PwC in China, potentially affecting its ability to regain its reputation and retain or acquire clients [para. 3].

PwC Zhongtian is the Chinese affiliate of PwC's global network, audited Evergrande Real Estate despite knowing about the fraudulent activities. This has led to ongoing investigations and penalties across different jurisdictions, including Hong Kong [para. 4]. The penalties concentrated on PwC Zhongtian's collaboration with Evergrande Real Estate, highlighting inadequate audit procedures and collusion [para. 5].

There is a possibility of larger civil compensation claims looming, especially since Evergrande Group has already filed for liquidation in Hong Kong. PwC is expected to face further administrative fines and litigation disputes, particularly from Evergrande's liquidators and investors [para. 6]. Because Evergrande might not have sufficient assets for compensations, intermediary agencies like PwC are likely the primary compensators [para. 7].

PwC's global network has intervened, appointing Hermione Hudson as the new Territory Senior Partner (TSP) for PwC China, following Li Dan’s resignation from that position [para. 8]. PwC has initiated internal accountability measures, including financial penalties on current and former management responsible for the Evergrande audit [para. 9]. The measures include recovering dividends from responsible partners and possibly initiating civil litigation if funds are not returned [para. 10].

Additionally, PwC Zhong Tian's professional misconduct in auditing Evergrande, such as approving premature revenue recognition and altering sampling procedures, has seriously tarnished its reputation [para. 14]. This misconduct involved PwC lowering review standards and hiding significant accounting errors, resulting in massive fines and market control measures [para. 15]. The firm's business operations have been severely impacted, and it can no longer participate in state-owned enterprise tenders for three years [para. 16].

Globally, PwC has initiated structural changes to help PwC China overcome the crisis, including appointing external executives and implementing enhanced oversight mechanisms [para. 17]. This move raises concerns about the localization of management within PwC China and its future autonomy [para. 18]. Several clients, including fund companies, have switched to other accounting firms, eroding PwC's client base [para. 19].

Historically, other "Big Four" firms like Ernst & Young (EY) have faced similar crises, which were resolved through global financial support and restructuring [para. 20]. In Japan, PwC established a new entity, Aarata, to replace the penalized Chuo Aoyama PwC [para. 22]. In Australia, PwC sold its government consulting business to exit from controversial sectors [para. 25].

PwC Zhong Tian attempts to maintain its service continuity despite the penalties, using PwC Singapore as a temporary bridge to manage operations during the suspension [para. 26]. This strategy aims to retain multinational clients who are critical to PwC's revenue [para. 27]. However, sustaining the firm's operations through global support, loans, or investments appears to be necessary to avoid bankruptcy and ensure future stability [para. 29].

In conclusion, PwC Zhongtian faces significant challenges in restoring its credibility and operational capacity following severe penalties for professional misconduct. The global network's intervention is vital for the firm's survival in China, although it raises questions about future autonomy and management structure. Additionally, PwC must navigate a landscape of ongoing investigations, potential lawsuits, and client attritions that could shape its long-term recovery and reputation.

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Who’s Who
Evergrande Real Estate
Evergrande Real Estate faced scrutiny for years of financial fraud, inflating revenues and profits significantly in 2019 and 2020. The company has been subjected to regulatory actions, including a pending liquidation in Hong Kong. PwC, its auditor, was sanctioned for its role in concealing the malpractices, leading to further investigations and potential civil suits related to Evergrande's dealings.
PwC Zhong Tian LLP
PwC Zhong Tian LLP, a Chinese member of the global PwC network, was heavily penalized for facilitating Evergrande's financial fraud, with fines totaling 4.41 billion yuan and a six-month business suspension. Eleven involved accountants were also fined, with four losing their licenses. PwC Global has intervened, implementing internal accountability measures and management changes. The firm faces significant uncertainty regarding its reputation and future operations in China.
PwC Hong Kong
PwC Hong Kong, a key player in the PwC network, audited China Evergrande for 12 years. Following the scandal, Hong Kong's Accounting and Financial Reporting Council continues its investigation. With Evergrande's liquidation in Hong Kong, PwC Hong Kong may face administrative fines and potential civil litigation from Evergrande's liquidators and investors.
PwC Global Network
The PwC Global Network is an international professional services network comprising firms in various countries, including PwC China, PwC Hong Kong, and PwC Macau. They offer auditing, assurance, consulting, and tax services. The network has faced significant scrutiny due to the scandal involving Evergrande's financial misstatements, leading to major penalties. PwC Global is implementing oversight reforms and taking disciplinary actions against personnel implicated in the scandal.
PricewaterhouseCoopers HK & Macau
PricewaterhouseCoopers HK and Macau, known as Lo Bion Signo & PwC in Hong Kong and Macau, are major components of PwC's China operations. Lo Bion Signo & PwC has been the auditor for China Evergrande for 12 years. The Hong Kong Financial Reporting Council is currently investigating the firm regarding the audit of Evergrande. PwC HK and Macau may also face potential administrative penalties and civil lawsuits.
Reanda Certified Public Accountants
Reanda Certified Public Accountants, also known as Reanda, is a Chinese CPA firm mentioned in the context of several fund companies switching auditors, such as Donghai, Hua'an, Bao Ying, Hui'an, and Yimi. Recently, Reanda benefited by recruiting a significant 200-person team led by Xue Jing from PwC, a team that previously dominated the domestic public fund audit market.
Ernst & Young Hong Kong
In 2010, Ernst & Young Hong Kong faced a significant penalty of 200 million HKD for reporting false related party profits during its tenure as the auditor for Moulin Global Eyecare. The fine was shared among all partners at Ernst & Young Hong Kong, with the remaining amount covered by a loan arranged by Ernst & Young USA.
Ernst & Young US
In 2010, Ernst & Young's (EY) Hong Kong office faced a major fine of 200 million HKD due to its role in auditing Moulin Global Eyecare, which involved fabricating related party profits. The fine was distributed among current EY Hong Kong partners, and the shortfall was covered by a loan arranged by Ernst & Young US to prevent bankruptcy.
Huian Fund
Huian Fund is one of several fund companies that recently announced their decision to change their accounting firms. Along with East China Sea, Huian, Bao Ying, and Easy Rice, Huian Fund switched to local firm Yongcheng. This decision followed the penalties imposed on PwC Zhongtian for its involvement in Evergrande's financial fraud.
Donghai Fund
According to the article, Donghai Fund is among the several fund companies that have announced a change in their accounting firms. They have switched from PwC to a local firm named Rongcheng.
Hua An Fund
Hua An Fund is one of several investment firms that recently announced a change in their accounting firm. Previously audited by PwC Zhongtian, Hua An has now switched to KPMG in light of the recent scandal affecting PwC's credibility due to its involvement with Evergrande.
Baoying Fund
Baoying Fund is one of several fund companies, along with Donghai, Huaxia, Hui'an, and Yimei, that have recently switched their accounting firms from PwC Zhongtian to local firms like Rongcheng due to PwC Zhongtian's involvement in the Evergrande audit scandal.
Yimi Fund
Yimi Fund is mentioned as one of the multiple fund companies that recently announced changes in their accounting firms. They opted to replace their current accounting services with those of the domestic firm Rongcheng.
PwC Australia
PwC Australia faced a tax leak scandal involving senior partner Peter Collins, who shared confidential government tax plans to attract clients like Google. Following the scandal, PwC Global appointed Kevin Burrowes to lead Australian operations. Subsequently, PwC Australia sold its government consulting business to Allegro Funds for 1 AUD, cutting ties with the PwC brand.
AI generated, for reference only
What Happened When
September 13, 2024:
PwC's global network announced the resignation of Li Dan as the Territory Senior Partner (TSP) for PwC China. Hermione Hudson, PwC Global's Chief Risk and Regulatory Officer, took over Li Dan's role.
On the evening of September 13, 2024:
The Ministry of Finance and the China Securities Regulatory Commission (CSRC) published their respective administrative sanction decisions against PricewaterhouseCoopers Zhong Tian (PwC Zhong Tian), with the combined fines and confiscations amounting to 441 million yuan. PwC Zhong Tian was suspended from business operations for six months, and its Guangzhou branch was shut down.
AI generated, for reference only
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