KPMG
finds PWC audits faulty
Informatics accuses IFS of
siphoning profits
By Akhry Ameer
Informatics (Pvt) Ltd has taken its joint venture partner IFS Sri
Lanka to court for allegedly siphoning off profits in a case where
auditors PriceWaterhouseCoopers (PWC) has been found to have approved
accounts that deviated from accepted accounting practices.
The
Commercial High Court last week called for written submissions following
a delay by IFS Sri Lanka (Pvt) Ltd on five occasions to respond
to a KPMG investigative audit report ordered by court.
The
KPMG report found the company's auditors PWC of inappropriately
approving annual accounts in violation of the shareholders' agreement
and denying its Sri Lankan joint venture partner Informatics (Pvt)
Ltd. of due profits. The audit affirmed the allegation by local
partner Informatics that IFS had, against their agreement, set up
a new subsidiary IFS R&D (Sri Lanka) and have been transferring
assets from the original local joint venture at cost thus denying
Informatics of its share of profits. The report said the establishment
of the subsidiary within the same premises caused the original company
to advance funds to the subsidiary at no cost for common overheads
such as water, electricity, network systems and security.
KPMG
in its report told court that the wealth creation objective set
out in the Memorandum of Association has been violated by IFS converting
its subsidiary to a cost centre. The court having heard the case
appointed KPMG Ford, Rhodes, Thornton and Co. to conduct an investigative
audit of the accounts of IFS Sri Lanka for a period of one year
from January 1 to December 31, 2001.
KPMG
further reported to court that IFS would have made a substantial
after tax profit even at rates much lower than current market rates
as opposed to the current No Profit/No Loss situation portrayed
by IFS.
Further,
the investigative audit found the company to be not making any profits,
due to a policy of equating expenditure to the revenue, implying
the entity to be a not-for-profit organization. KPMG also said the
management and staff of IFS had refused to sign and authenticate
documents and statements provided by them.
The
petitioner, Informatics, a group with diversified businesses in
the Sri Lankan IT sector, amongst other pleadings said its partner
had never held board meetings to seek its approval on investment
decisions, abided by their shareholder's agreement, nor responded
to any of its communications.
The
key investment decisions on which Informatics have been denied their
voice include enhanced loans for a sum of Rs. 200 million from DFCC
during the period 1998 to 2000. The local partner has further alleged
that IFS has leveraged its name, recognition and strength within
Sri Lanka to obtain resources including human and knowledge capital.
Informatics
and IFS entered into a joint venture in 1997 with the objective
of developing, exporting and selling locally, computer software,
programmes and applications.
In
other developments IFS recently announced to the media the establishment
of its own customized facility at Wellawatte valued at over Rs.
100 million and housing nearly 400 employees. |