Is there disclosed a list of matters reserved for the board? 1 Director Training and Compensation BOARD_TRAIN Introduction

1489 94. Discuss the decision-maki ng of managers‘ not board pay? 1 95. Numbers of managers‘ not on board salaries disclosed? 1 96. Form of managers‘ not on board salaries disclosed? 1 97. Specifics disclosed on performance-related pay for managers? 1 98. Details of the CEO‘s contract disclosed? 1 1490 RISK SIGNAL, FINANCIAL DERIVATIVES TRANSACTIONS AND THE INDONESIAN GAAP HILDA ROSSIETA, PhD The University of Indonesia ACKNOWLEDGEMENT: This research is funded by Competitive Research Grant from DRPM – the University of Indonesia under contract No. 240AFDRPM-UINI.42008 Special thanks to Septian Haryo Seto, MSc for helping me out with the data, and also for Desi Adhariani, MSi and Dyah Setyaningrum, SE, MSM for being my cheerful research assistant. Abstract εotivated by the accounting events of firm‘s default related to derivatives and other financial instruments transactions, this study is aimed to investigate the capability of accounting information to signal the risks associated with the use of financial derivatives for hedging. Hypothesis are developed based on the theory and empirical evidences of manager‘s motive to use derivatives for hedging Berkman and Bradbury, 1968; Dune et al., 2003 as well as signaling theory of accounting information Ball and Brown, 1968; Beaver and Dukes, 1972; Jensen and Meckling, 1976; Megginson, 1997. The hypotheses are formulated in the Ordinary Least Square model. The study uses SPSS version 14 as software to conduct the statistical tests. Non-bank and non-financial institutions firms with financial derivatives transactions listed in Indonesian Stock Exchange during 2001 to 2006 are chosen as the sample. Determinations of the time frame has considered the timing of introduction of revisions of accounting standard on derivatives and other financial instruments in Indonesia PSAK 50 ―Financial Instruments: Presentations and Disclosures‖ which was published in 15 July 1998, as well as PSAK 55 ―Financial Instruments: Recognition and εeasurements‖ which was published in 21 September 1998. Based on the sample selections procedure and the completeness of the data required by the model, 24 firms listed during 2001 – 2006 or equal to 66 firm-years observations were identified as the data to be tested. Empirical evidences suggests that Indonesian GAAP is capable of providing signal associated with: i fair value exposures related to manager‘s motive to reduce the cost of financial distress; ii cash flow exposures related to manager‘s motive to practice tax arbitrage as well as to overcome underinvestment problems; iii interest rate risks related to manager‘s motive to avoid the risk default due to limitations of debt covenants; iv forex risk related to manager‘s motive to control forex exposures caused by foreign operations as well as foreign sales. n the future, to increase results generalizations, research should be conducted to be more inclusive, covering all the firms with and without financial derivatives. In addition, more specific enquiries should be conducted to check the capability of PSAK 50 and PSAK 55 in providing the risk signals related to the use of derivatives and other financial instruments. 1491

I. Introduction

The trace of derivatives in the context of corporate finance start in form of capital instruments, in particular are shares and debt securities. From the contractual perspectives, shares and debt securities has clear distinction in terms of financial cost i.e., dividend for shares and interest for debt. In addition, from accounting earnings perspective, they have diverse implications on tax and financial performance. However, the difference from economic terms most likely to be less clear Davies et al., 1994. This is due to development and growing complexity of capital instruments that characterized both equity and debt, such as redeemable preference shares i.e., substantially it is resemble more as debt than equity, convertible bonds i.e., closer to the nature of equity than debt, even before conversion occurred, or securities with its valued tied to debt value like Market Based Securities MBS. Rapid development and growing complexity create challenges for accounting profession to put balance judgment on competing considerations of substance over form when accounting for financial instruments. Previous studies i.e., Beaver and Dukes, 1972; Ball and Brown, 1968 suggested that residual changes in stock prices were highly associated with residual changes in earnings. One interpretation is that accounting earnings are perceived to be the best approximation of economic value of the firm, in term of stock price. This means that the economic substance matter the most on the reporting earnings. However, the fact that fundamental distinction of capital instruments is rooted in legal form is more likely to cause fair judgment on economic substance more difficult for the accounting profession. The issues regarding economic substance versus legal form generate problems for accounting profession as well as accounting information to accommodate achievement of efficient contracting cost. The expected role of accounting in the efficient agency contract seemed to be compromised when looking at inability of accounting information to immediately detect the existence of derivatives related financial scandals in the past Winograd, et al, 1995. This relates to the potential use of financial derivatives to hedge the market risk, but at 1492 the same time, could also be used for ‗gambling‘ i.e., engage in trading derivatives without any link to underlying assetsliabilities which expose the company to unlimited downside risk. Most importantly, unless manager provide sufficient disclosure regarding their intention, the financial market allows manager to switch between hedging and trading purpose to go unnoticed in the financial statements. Hence, the „off-balance- sheet‟ nature of financial derivatives instruments allow the financial risk to be concealed until the uncontrollable problem suddenly appeared. Some major issues surrounding accounting and reporting for financial derivatives and other financial isntruments, among others, are: i. Financial derivatives could be used for trading i.e., profit seeking activities or for hedging i.e., to manage the financial risk exposure. The effect of hedging versus trading derivatives transactions is contradictory. Derivatives hedging stabilize earnings, while derivatives trading increase earning volatility. ii. Financial derivatives need only small upfront investment, while the down-side risk could be unlimited. The unlimited down-side risk especially happen when there are no underlying assets associated with the financial derivatives transactions, as in the case of financial derivatives trading to gain profit. Therefore, disclosures regarding managements‘ intention to use derivative i.e., for trading or hedging is critical to increase transparency of risk exposures associated with financial derivative transactions. However, there is timing incompatibility between management intentions for using derivatives in on one hand, and financial reporting on the other hand. Management intentions could change easily anytime dependent upon the opportunity of market movement, while, in contrast, accounting information is reported periodically. Therefore, some argued that although management has good intention to report the transactions, yet, accounting information is naturally incapable of reporting risk exposure associated with derivatives transactions. 1493 iii. Being a financial instruments, financial derivatives transaction involving fair value measurements. The accuracy of fair value measurements depends on the availability of market value, as well as frequency of trading activities in the ‗arm‟s length transactions ‘ i.e., investors‘ decisions to sell, buy or hold are purely based on rational considerations, free from conflict of interest or forces of any kinds. Fair value measurements become problematic during the financial market crisis such as occurred in the 2007. In such situation, most of the parties willing to sell and only a few willing to buy. This condition leads to unprecedented decreasing market value for almost all the traded financial instruments. To contain further damage, some regulators suspended trading activities, hoping for the market to regain confidence. Practicing fair value measurements in these circumstances needs benchmark other than the market,such as the quantitative models provided by management. However, accuracy and reliability of the model is often difficult to be assessed objectively. In the case where the model is absence, financial instruments are valued by their historical cost. This is problematic in the market that is severely distressed, in which historical cost is often higher than the distressed market value. To present historical cost bigger than market value is inconsistent with conservatism principles, where the lowest value between market and historical cost should be choose for the purpose of accounting report. iv. Even in the normal market circumstances, where ‗arm‘s length transactions‘ could be practiced, reporting unrealized gains and losses associated with fair value measurement of financial derivatives is also problematic. Although there is a clear distinction between reporting gainslosses due to trading i.e., charged directly to current Profit and Loss Statements and hedging activities i.e., deferral accounting is acceptable, yet the ways deferral accounting should be practiced are still in disputes, including: i what are the criteria that differentiate hedging from trading, so that one is entitled to apply hedge accounting?; ii where should unrealized gains or loss be reported, in the balance sheet or in the comprehensive income? iii if they are to be reported in the balance sheet, should they be reported as parts of underlying 1494 assetsliabilities, or should they be charged directly to the equity section? iv if they are to be reported in the balance sheet, are netting-off presentation i.e., direct off-set between unrealized gains or loss originated from the hedge contract and underlying assetsliabilities acceptable?; v how do de-recognized hedge positions? Investigation of the financial Accounting Standard in Indonesia context would be quite interesting for the some reasons. Mainly, despite growing importance of derivatives and other financial instruments in the corporate finance practice in both global as well as national level, yet, financial default related to the use of financial derivatives continue to be happened. This leads to the major doubt regarding the capability of financial accounting information to provide signal regarding risks related to the use of financial derivatives. Considering the contrasting effects of financial derivatives use for hedging and trading on one hand, and the role of accounting information u sed by managers to signals firm‘s performance on the other hand, this research is aimed to investigate the capability of accounting information to provide signal regarding risk associated with financial derivatives and other financial instruments in the context of Indonesian capital market. More specifically, this research would investigate whether the market could appreciate the use of financial derivatives for hedging purpose using accounting information prepared based on Indonesian GAAP.

II. Theoretical Framework and Hypotheses Development

II.1. Manager’s Motives to Use Financial Derivatives for Hedging Berkman and Bradbury 1996 argue that, risk management can add value to a firm when capital market is imperfect. This provides incentives for managers to practice risk management by using financial derivatives, aimed at increasing firm‘s performance. Accordingly, the managers‘ motives to use financial derivatives are to manage risk exposures, including interest rate risk, foreign exchange risk, credit risk, fair value risk and cash flow exposure. More specifically, the corporate i.e., manager motive to use derivative hedging are as follows: 1. To reduce the expected cost of financial distress Mayer and Smith, 1982; Smith and Stulz, 1985 in which manager presumably use financial derivatives to manage fair value exposure, cash flow exposure and interest rate risk. 1495 2. To practice tax arbitrage and reduce the expected tax charge Mayers and Smith, 1982; Smith and Stultz, 1985 in which manager most likely to use financial derivatives to manage cash flow exposure. 3. To reduce agency cost associated with underinvestment problem Mayers and Smith, 1987; Bessembinder, 1991 due to increased volatility of future cash flows or short- term liquidity constraints Froot et al., 1993 in which manager presumably use financial derivatives to mitigate fair value exposure, cash flow exposure and interest rate risk. 4. To accommodate managerial self interest i.e., to gain high and stable bonus and risk aversion i.e., to avoid debt covenant violation as argued by Smith and Stultz 1985 as well as Dunne et al., 2003, in which manager most likel to use financial derivatives to manage fair value exposure and credit risk. 5. To overcome the short term liquidity constraint Berkman and Bradbury, 1996, in which manager presumably use financial derivatives to manage cash flow exposure. 6. To manage foreign currency exposure Berkman and Bradbury, 1996, in which manager most likely to use financial derivatives to manage foreign exchange risk. The study of Berkman and Bradbury 1996 on all domestic and non financial services firms in New Zealand which held derivative financial instruments at the 1994 balance sheet date find that none of the sample firms used derivatives for speculative purposes. In addition, the study develops and test the hypotheses based on the theory of financial derivatives hedging explained above. Accordingly, the empirical evidence suggested that firms with financial derivatives have specific characteristics, such as: i tend to be larger; ii have higher leverage; iii less liquid; iv have greater dividend pay out; v have higher use of quasi-equity i.e., convertible debt in their capital structure; vi have 1496 bigger tax losses carried forward; vii have higher long term growth prospects; and viii have higher involvement in overseas activities. Other study done by Dunne et al. 2003 tested 210 listed firms in UK right after introduction of Financial Reporting Standard on Derivatives and Other Financial Instruments No. 1γ FRS 1γ in 1λλ8. Some results of Dune et el.‘s study β00γ consistent with Berkman and Bradbury‘s 1λλ6 findings on firm‘s characteristics, where firms which use financial derivatives for hedging are larger and have higher involvement in overseas activities. In addition, although supported by less strong predictors, the empirical findings suggest that firms use financial derivatives to reduce risk of financial distress and overcome the underinvestment problems.

II.2. Signalling Theory

Signalling theory emanate from the context of agency theory, in which firm‘s ownership is separated from its management Jensen and Meckling, 1976. Further, manager supposed to act as an agent for the benefit of owner who act as principals, by maximizing the firm‘s value. Such agency relationship incorporates several problems, among othersμ i agency costs; ii information asymmetry; iii moral hazards; and iii adverse selection. Agent and principals as individuals have their own self-interest, which might be conflicting with others. Contracts between agent and principals are set to protect and bond interests of all the parties involved in the agency relationship. However, no one could make the perfect contract that could fully protect self-interest of the contracting parties involved. This leads to the practice of manager‘s moral hazard, in which managers try to maximize their self- interest i.e., utility value at the cost of firm‘s value i.e., adverse selection. εanager‘s moral hazard to a great extent is due to the condition of information asymmetry favourable for manager who involve in daily operations of the firm. On the other hand, although principals own the firms, yet their access to 1497 information is limted to the information provided by monitoring systems only. Although principals have set bonding contract and monitoring system to protect their self-interests, still, the probability of managers‘ adverse selection at the costs of principals‘ interests could never been fully eliminated i.e., residual loss. For that reasons, agency costs are assumed to be consisted of three kinds of costs: i bonding cost; ii monitoring costs; and iii residual loss. Due to the assumed condition of information asymmetry, potential investor of public companies use information provided by the monitoring system to asses firm‘s value. Accounting information provided in the financial statements is considered as one of the most prominent and reliable monitoring system. In the light of these circumstances, managers try to provide signal of firm‘s performance via financial statements, both directly i.e., via narrative disclosures and indirectly i.e., via accounting numbers, so that firm‘s value would be more consistent with its performance. Scott 2006 provide some empirical evidence from public companies in US suggesting that to maintain high equity positions, some managers purposely hold bad news and tend to disclose good news. In addition, high level of leverage often interpreted as signal for good performance, as only companies with good performance are capable of taking such a high leverage risk. Therefore, high-leverage firms are valued higher by investor compared to low-leverage firms Megginson, 1997.

II.3. Hypothesis Development

Based on the theory of corporate motive of financial derivatives use as well as signaling theory of accounting information, this study argue that when firms used financial derivatives in their business operations, the firms‘ performance is associated with factors that motivate managers to use financial derivatives. If financial derivatives are used for hedging purpose, then, firm‘s value is expected to be more stable. This leads to the following propositions: 1498 Firm‘s performance is positively associated with manager‘s motive to use financial derivatives to mitigate fair value risk, cash flow risk, interest rate risk, credit risk and foreign exchange risk. Firm‘s performance is defined as volatility of firm‘s value, assuming that general aim of derivatives use for hedging purpose is to mitigate risks, which resulting in increased stability of firm‘s value. εore specifically, managers‘ motive to use financial derivatives is hypothesized as follows.

II.3.1. Managers’ Motive to Reduce the Cost of Financial Distress.

Financially distressed firms have higher variance of firm‘s value hence tend to have higher cost of capital Mayer and Smith, 1982; Smith and Stulz, 1985. To reduce the probability of financial distress i.e., mitigating the fair value exposure, cash flow exposure and interest rate risk firms use derivatives hedging aimed at lessening the variance of firm‘s value and reducing the cost of capital. Based on that argument, the first hypothesis suggested is as follows: H 1 : Volatility of firm‘s value is positively associated with cost of capital

II.3.2. Manager’s Motive to Reduce Income Tax

Under progressive tax rate, firms with high income volatility are having average tax higher than firms with stable income. For example, in the two consecutive years, due to different tax bracket, firms with loss of Rp. 1 billion,- in the first year and has a profit of Rp.1 billion,- in the second year would pay higher average tax compared to firms which has a profit of Rp.0.5 billion each year. Although cumulative income for these two different firms are equal i.e., Rp. 1 billion in total, yet, the firm that having profit of Rp. 1 billion would pay higher tax due to the higher rate applied for higher level of income. Accordingly, firms are using financial derivatives hedging to smooth earnings and reduce average tax charge i.e., mitigating cash flow risk exposure. Hence, progressive income 1499 tax provides incentives for manager to practice tax arbitrage by using financial derivatives for hedging. Therefore, the second hypothesis is as follows: H 2 : Volatility of firm‘s value is negatively associated with tax arbitrage

II.3.3. Managers’ Motive to Overcome Underinvestment Problems

As agent to shareholders, managers might forgo positive Net Present Value project if the gains accrue primarily to debt-holders i.e., underinvestment problems. This circumstance provide incentives for managers to use derivatives to hedge cash flow exposures, so that the underinvestment problems could be overcome, but at the same time, could also increase the residual claim for shareholders in the future. Accordingly, the third hypothesis is as follows: H 3 : Volatility of firm‘s value is positively associated with the volatility of future cash flow

II.3.4. Manager’s Motive to Mitigate Default-risk as well as Accommodate their

Self-interest If hedging could increase firm‘s value by reducing its variability, and managers‘ wealth is dependent on firm‘s value, then, managers have incentives to use financial derivatives hedging for default-risk aversion as well as to accommodate their economic self-interest. One of risk associated with firm‘s default is restriction in debt covenants. Accordingly, when firms violate the restriction, then most probably that firm‘s value would be deteriorated. In addition, as bonus level is often tied to earnings level, manager use financial derivatives to maintain high level of earning. Therefore, the fifth and seventh hypotheses are as follows: H 41 : Volatility of firm‘s value is positively associated with level of leverage 1500 H 42 : Volatility of firm‘s value is positively associated with earnings level

II.3.5. Manager’s Motive to Overcome Short-term Liquidity Constraint

Manager could resolve conflict of interest between shareholders and debt-holders by implementing low dividend pay-out policy, so that plenty of funds available to pay the fixed claimholders, and the same time, maintaining sufficient liquidity as a means of financial buffers. Accordingly, firms have incentive to use financial derivatives to hedge cash flow risk exposure, maintain stable cash flow and overcome short term liquidity constraint. Based on this argument, the fourth hypothesis is as follows: H 5 : Volatility of firm‘s value is positively associated with short-term liquidity constraint

II.3.4. Manager’s Motive to Hedge Foreign Exchange Exposure

Compared to others, firms with overseas operations have higher proportion of forex assets and liabilities relative to its equity, and also, they tend to have higher forex sales proportion. Therefore, they presumably have higher exposures to foreign exchange risk. Accordingly, these kinds of firms tend to use financial derivatives to hedge foreign exchange exposure. Therefore, hypothesis six is as follows: H 61 : Volati lity of firm‘s value is negatively associated with the net open position between foreign assets and foreign liabilities. H 62 : Volatility of firm‘s value is positively associated with proportion of foreign sales

III. Research Methods and Methodology

III.1. Hypotheses Testing 1501 The hypotheses would be tested using the Ordinary Least Square OLS regression method based on the following model: Y 1 = a + b 1 X 1 + b 2 X 2 + b 3 X 3 + b 41 X 41 + b 42 X 42 + b 5 X 5 + b 61 X 61 + b 62 X 62 + , εost of the variables used in the model are adopted from Berkman and Bradbury‘s study 1996, as defined as follows: Y 1: Firms performance VOL, defined as annualized 30 day volatility of stock return X 1: Cost of capital STRESS, defined as interest expense to total debt ratio X 2: Tax arbitrage TARBIT, defined as ratio of earnings growthtax growth X 3: Volatility of future cash flow UNINV defined as ratio of working capital of year n to year n-1 X 41: Restriction of debt covenant DER defined as debt to equity ratio X 42: εanager‘s self-interest MSINT defined as Ln Earnings Before Interest and Tax EBIT X 5: Short term liquidity constraint DIVPR defined as dividend pay out ratio X 61: Net open position between foreign assets and foreign liabilities NFNOPEN defined as ratio of net open position in foreign currency to total equity X 62: Proportion of forex sales FNSALES defined as ratio of forex sales to total sales ε: error term Statistical software SPSS version 14 is used to test the model. General hypothesis of the data is defined as H μ b ≠ 0 and H A = 0. The use of OLS method in hypotheses testing requires several assumptions to satisfy First, OLS assumes the data to be normally distributed. Second, there is no association among independent variables i.e., no multicollinearity. Finally, the effect of variability of individual company has been addressed i.e., random effect and fixed effect 1502 III.2. Sample Selection and Data Description Non-probability sampling method i.e., purposive sampling method is applied to choose non-bank and non-financial institutions companies listed in Jakarta Stock Exchange predicted to be significantly involved in financial derivatives transactions. The observation covers 5 years period when the PSAK 50 i.e., accounting standar ―Financial Instrumentsμ Presentations and Diclosures‖ published on 15 July 1λλ8 and PSAK 55 i.e., accounting standard ―Financial Instrumentsμ Recognition and εeaserements‖ published on 21 September 1998 have been effective, which is from 2001 to 2006. Examination of notes to financial statements on particular account predicted to be associated with risk exposures i.e., financial assets, financial liabilities and sales was conducted to identify firms predicted to be significantly involved in financial derivatives transactions. Further, the study assumes that risk exposures are sustained as the risks are associated with firms‘ business process. Hence, when the examination showed that firms disclose the use of financial derivatives on year 2006, it was assumed that the firms had been using the financial derivatives since year 2001. Based on the sample selection procedure, 73 seventy three companies listed during 2001 to 2006 were identified, resulting 438 firms-years pooled data available for observations before data cleaning. The research used Bloomberg database as data source. Descriptive statistic for the variables identified by the SPSS software is shown in the following table. 1503 Table 1 Statistic Descriptive Dependent and Independent Variable of the Identified Sample DEPN.VAR INDEPENDENT VARIABLES VOL30 STRESS TABIT UNINV DER MSINT DIVPR NFNOPEN FNSALES N - Valid 369 385 344 350 415 356 416 146 113 N - Missing 69 53 94 88 23 82 22 292 325 Mean 57.14 9.26 2.25 0.66 395.49 10.89 26.44 70.70 42.9573 Median 45.74 7.31 0.63 -0.01 72.47 11.71 10.40 -11.87 29.3283 Std. Deviation 34.38 13.64 27.76 18.30 4,492.08 3.46 50.61 913.75 37.96924 Variance 1,182.11 186.08 770.45 334.79 20,178,799.34 11.96 2,561.58 834,930.86 1441.663 Skewness 1.92 12.47 16.35 7.08 19.93 -1.38 5.13 10.83 0.6 Minimum 4.96 0.00 -55.53 -151.05 0.00 0.78 0.00 -1,089.75 Maximum 219.74 236.53 493.91 214.49 90,991.82 16.89 473.35 10,631.15 163.67 The table above shows that dependent variable VOL30 is highly dispersed, range from the minimum 4.96 to the maximum 219.74. Notably, the variance is quite high, which is 1,182.11, far above standard deviations of 34.38 and mean of 57.14. Most of the independent variable are highly skewed, except for MSINT and FNSALES, which are - 1.38 and 0.6 consecutively. Correlations among variables in the model are presented in Table 2 below. 1504 Table 2 Correlations among Variables in the Model Pearson Correlations, 1 Tailed-test STRESS1 FNSALES NFNOPEN VOL30 TABIT UNINV MSINT1 DIVPR DER STRESS1 1 -0.078 -0.056 0.057 -0.015 0.01 0.076 .109 0.038 0.209 0.251 0.15 0.394 0.427 0.088 0.018 0.234 N 110 144 331 304 320 320 367 366 FNSALES 1 .269 .234 0.12 -0.005 -0.025 - .207 0.056 0.004 0.008 0.112 0.48 0.406 0.015 0.281 N 94 106 105 110 93 110 109 NFNOPEN 1 0.036 -0.039 0.003 0.003 -0.009 .178 0.336 0.328 0.485 0.488 0.459 0.018 139 131 137 126 142 140 VOL30 1 .152 -0.008 -.129 - .114 -0.014 0.004 0.443 0.012 0.016 0.398 N 300 302 302 355 354 TABIT 1 -0.043 -0.011 -0.007 0.026 0.216 0.424 0.448 0.317 333 285 338 330 UNINV 1 -0.004 -0.002 -0.01 0.474 0.485 0.424 N 293 344 336 MSINT1 1 - .093 0.005 0.041 0.465 N 346 348 DIVPR 1 -0.035 0.239 N 404 DER 1 N 415 One tailed-test - significant at 5 level One tailed test - significant at 1 level The results of Pearson correlations statistical test above shows some significant correlations between dependent variable VOL30 with independent variables as follows: i positively correlated with tax arbitrage TABIT at 1 level, cosistent with H 2; ii negatively correlated with earnings level MSINT at 5 level, consistent with H 42; iii positively correlated with short term liquidity constraint DIVPR at 5 level, consistent 1505 with H 5 ; and iv positively correlated with the proportion of foreign sales FNSALES at 1 level, consistent with H 62 . SPSS check the completeness of the variables included in the model, resulting 24 firms left or equal to 66 firm-years data to be tested in the model. Descriptive statistic for the data included in the model after cleaning the outlier data i.e., 3 standard devitation is presented in the table below. Table 3 Statistic Descriptive Dependent and Independent Variable of the Data Tested N=66 N=66 DEPN.VAR INDEPENDENT VARIABLE VOL30 STRESS TABIT UNINV DER MSINT DIVPR NFNOPEN FNSALES Mean 52.70 7.49 0.73 3.56 196.45 10.94 16.71 -31.50 43.39 Std. Dev. 28.62 6.94 3.52 26.43 722.93 3.25 16.58 183.85 34.60 Notably, Table 3 shows some differences of the central tendency statistics i.e., the value of means and standard deviations of the data included in the model compared to the original data previously presented in Table 1, most particularly for the data with high skewness level. Presumably, this relates to the data distribution included in the model, which is better normally distributed compared to the original data. 1506

IV. Empirical Results, Analysis and Interpretation

The results of OLS regression is presented in the Table 4 below Table 4 The Results of OLS Regression Dependent Var.: VOL30 Independent Variables Standardized Coefficients t Sig. Collinearity Statistics Beta Tolerance VIF Constant 2.433 0.02 STRESS 0.492 5.085 0.00 0.959 1.043 TABIT -0.407 -2.874 0.01 0.447 2.238 UNINV -0.112 -1.161 0.25 0.971 1.029 DER 0.661 3.512 0.00 0.253 3.947 MSINT -0.04 -0.412 0.68 0.953 1.049 DIVPR -0.116 -1.071 0.29 0.759 1.317 NFNOPEN -0.375 -2.111 0.04 0.285 3.512 FNSALES 0.343 3.425 0.00 0.897 1.115 Significant at 5 level Significnat at 1 level o The variables included in the model are defined as follows: i VOL30: firms performance, defined as `annualized volatility of stock return; ii STRESS: expected cost of financial distress, defined as cost of debt; iii TABIT: tax arbitrage, defined as of growth in net income to growth in inome tax; iv UNINV: volatility of future cash flow, defined as of working capital of year n to year n-1; v DER: restriction of debt covenant, defined as of debt to equity; vi manager self interest, defined as Ln earnings before interest and tax; vii DIVPR: short term liquidity constraint, defined as dividend pay out ratio ; viii NFNOPEN: proportion of forex assets and liabilities, defined as of net open position in foreign currency to total equity; ix proportion of forex sales, defined as of forex sales to total sales. o The model is statistically significant at less than 1 level, with R-square is 48.83 and adjusted R-square is 41.65 o The results of Durbin-Watson test is 1.98 at less than 1 level, suggesting that no autocorrelation of the residuals. Hence, no indication of underestimation on the level of statistical significance. o The result of collinearity test suggests that no multicollinearity problems found in the model, in which Tolerance value is close to 1 and VIP value is less than 10 1507 Empirical results presented in Table 4 suggest that for firms using financial derivatives instruments in Indonesian context, their volatility of market return is: i positively influenced by the cost of capital as stated in H 1 ; ii negatively influenced by tax arbitrage as stated in H 2 ; iii positively influenced by restriction of debt covenant as stated in H 41 ; iv negatively influenced by the net open position of forex v positively influenced by the proportion of foreign sales, as stated in H 62 . Hence, test results of the data suggest that H 3 , H 42 and H 5 are rejected. Apparently, volatility of future cash-flow, earnings level and short-term liquidity constraint do not influence volatility of firm value. As hypothesized, the empirical findings indicate that in Indonesia, firms i.e., managers use financial derivatives for the following purposes: i to reduce the probability of financial distress aimed at lessening variance of firm‘s value and reducing the cost of capital; ii to smooth earnings and reduce average tax charge; iii to reduce default-risk related to restriction of debt covenants; iv to reduce forex risks exposure associated with foreign operations and foreign sales. This means that under the current GAAP, accounting information has a capability to signal risk associated with: i fair value exposure related to the cost of capital; ii cash flow exposure related to tax arbitrage as well as underinvestment problems; iii interest rate risk related to limitations of debt covenants; iv forex risk related to foreign operations and foreign sales.

V. Research Limitations and Suggestions for Future Research

The purposive sampling method in this study excludes firms without financial derivatives from the investigations. This relates to the assumptions of managers‘ motive which use financial derivatives to hedge certain types of risks. However, hedging could also be done naturally without using financial derivatives. Therefore, future research should investigate whether Indonesian GAAP could also capable of signal the risk for the firms that use natural hedging to mitigate the risks. This would involve inclusion of all non bank and non financial institutions listed firms as the sample. If financial derivatives are 1508 preferred to natural hedging, then, it is expected that certain accounting measures used in this model for firms with financial derivatives would be significantly different to firms without financial derivatives. In addition, future research should also investigate the capability of accounting standard that specifically addressed financial derivatives and other financial instruments i.e., PSAK 50 ―Financial Instrumentsμ Presentation and Disclosures‖ and PSAK 55 ―Financial Instrumentsμ Recognition and εeasurements‖ to signal the associated risks. This is important, considering the big effort conducted to improve accounting standard on derivatives and other financial instruments in the national as well as international level, besides the continuing failure of accounting information to signal firm‘s default associated with derivatives and other financial instruments. Currently, PSAK 50 and PSAK 55 have undergone some major revisions aimed to be more aligned with IAS 32 and IAS 39 of International Financial Reporting Standards. The revised versions were planned to be effective by the beginning of year 2009. However, due to recent global financial crisis, in which most of the capital markets were highly distressed, then, implementation of the revised version of PSAK 50 and PSAK 55 were delayed until the early 2010. REFERENCES 1. Davies, Mike, Ron Paterson and Allister Wilson 1994, UK GAAP, MacMillan Press Ltd, Basingstoke, England, Fourth Edition. 2. Beaver, W.H. and R.E. Dukes 1972. Interperiod Tax Allocation, Earnings Expectations, and the Behaviour of Security Prices. Accounting Review 48 April: 170-187. 3. Ball, R.J. and P. Brown 1968. An Empirical Evaluation of Accounting Income Numbers. Journal of Accounting Research, 6 Autumn: 300- 323. 4. Berkman, H. and M.E. Bradbury. 1996. Empirical Evidence on the Corporate Use of Derivatives. Financial Management, 25 2- Summer:1-11. 1509 5. Mayers, D. and C. Smith 1982. On the Corporate Demand for Insurance. Journal of Business, 55:281-90. 6. Smith, C.W. and R.M. Stulz 1985. The Determinants of Hedging Policies. 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Journal of Financial Economics, 3: 305-360 12. Citron, David. B.1995. The Incidence of Accounting-based Covenants in UK Public Debt Contracts: An Empirical Analysis. Accounting and Business Research 25 99:139-150 13. Megginson, L. William 1997. Corporate Finance Theory. Addison – Wesley 14. Scott, William R 2004. Financial Accounting Theory. Prentice Hall 1510 AUDIT COMMITTEE ATTRIBUTES, FINANCIAL DISTRESS AND THE QUALITY OF FINANCIAL REPORTING IN MALAYSIA Wan Nordin Wan-Hussin Noor Marini Haji-Abdullah Universiti Utara Malaysia November 2009 ABSTRACT Audit committee effectiveness remains one of the significant themes in corporate governance debates. We examine the association between audit committee characteristics, financial distress and the quality of financial reporting. This study is one of the few studies that overcome the imprecision inherent in the abnormal accrualsearnings management models as a proxy of the financial reporting quality, by using a more direct measure of financial reporting quality. The evidence suggests that the desirable characteristics which the policy makers believe would enhance the effectiveness of the audit committee in carrying out its financial oversight responsibilities do not seem to yield the intended consequence. The significant finding on the association between financial distress and financial reporting quality reinforces the importance of including distress variable in future corporate transparency study. JEL code: G32 Keywords: Audit committee, financial reporting quality, Malaysia 1511 INTRODUCTION In the wake of a series of highly publicized accounting scandals around the world see, for example, Enron and Worldcom in the US, Parmalat, Ahold, Gescartera and BBVA in Europe and Transmile in Malaysia, the effectiveness of audit committee in monitoring the financial reporting process is one of the significant themes in corporate governance debates Gendron Bedard, 2006. These high profile governance failures have led to the introduction of significant corporate governance regulatory reforms, which focused on the structures of audit committee, to improve the quality of governance over financial reporting. For example, the Blue Ribbon Committee 1999 in the US recommends a minimum size of three audit committee members, the independence of the board members who serve on the audit committee, and financial expertise of the audit committee members 266 . The Sarbanes Oxley Act 2002 or SOX brings further improvements in the corporate governance environment with audit committees that are substantially more active and diligent and possessing greater expertise and power to fulfill its expanded responsibilities Cohen, Krishnamoorthy, Wright, 2009. SOX requires that all audit committee members be independent and that the company‘s annual report disclose whether a member of the audit committee is a financial expert Engel, Hayes, Wang, 2009. SOX also stipulates that audit committees appoint, compensate, and oversee the external auditor Section 301. 266 The Blue Ribbon Committee BRC was established by the National Association of Securities Dealers and New York Stock Exchange at the behest of Arthur Levitt, the then Chairman of the Securities and Exchange Commission SEC. SEC subsequently adopted certain recommendations by the BRC with effect from Dec 15, 2000. 1512 The situation in Malaysia with regards to audit committee is not much difference from the US. Since 1994, the Bursa Malaysia Listing Requirements have required a listed company to appoint an audit committee which meets the following requirements; 1 must be composed of not fewer than three members; 2 a majority of the audit committee must be independent directors; and 3 at least one member of the audit committee must be a member of the Malaysian Institute of Accountants MIA or possesses sufficient accounting experience and qualification, or deemed ―financially literate ‖ by the stock exchange. 267 In the 2007 enhancements to the voluntary Malaysian Code on Corporate Governance 2001, it is stipulated that all audit committee members to be non-executives and financially literate with at least one of them is a member of an accounting association or body. Beasley, Carcello, Hermanson, Neal 2009 note that the bulk of past studies which examine the efficacy of the audit committee attributes as proposed by the regulators mainly focused on the association between certain audit committee inputs e.g. audit committee member independence, expertise and diligence and financial reporting outputs. They conclude that these quantitative studies generally find that a more independent, expert and diligent audit committee is associated with higher quality financial reporting and auditing. However, the recent corporate governance disaster at Hollinger International Inc. despite having audit committee members who possess all the desirable attributes financially literate, independence and meet frequently and Enron 267 The Bursa Malaysia Corporate Governance Guide 2009 defines a member of audit committee as financially literate if heshe has the ability to read and understand financial statements, ability to analyze financial statements and ask pertinent questions about the company‘s operations against internal controls and risk factors, and ability to understand and interpret the application of approved accounting standards p. 56. 1513 where ―The audit committee followed all the rules – but it let the shareholders down‖ Business Week, 2002, p. 28, triggers them to probe deeper into ―Do audit committee appear to provide substantive oversight of financial reporting, or do they appear to be primarily ceremonial bodies designed to create legitimacy?‖ Through in-depth interviews with audit committee members, they reveal that audit committee practices contain a mixture of substantive monitoring of financial reporting and ceremonial practices, consistent with Cohen, Krishnamoorthy, Wright 2002 who document that audit partners generally perceive ―audit committees are ineffective and are not powerful enough to resolve contentious matters with management‖ p. 586. Another stream of emerging research focused on whether audit committee members who are independent in form are also independent in substance Gendron Bedard, 2006; Cohen et al., 2009. These studies reveal that senior management has significant role in board and audit committee appointment, and it is possible that management appoints passive, compliant audit committee members who satisfy regulatory requirements but provide minimal oversight over management‘s actions. This suggests that at least some changes in governance may have been more form than substance. We continue with this line of investigation and examine whether firms imbued with the prime features needed by audit committee members are associated with reliable financial reporting in Malaysia. Previous Malaysian studies provide mixed results on the desirability of the audit committee attributes, as proposed by the regulators. For example, 1514 Bradbury, Mak, Tan 2006 and Mohd-Saleh, Mohd-Iskandar, Rahmat 2007 document that independent audit committee enhances financial reporting quality, whereas Abdullah Mohd-Nasir 2004 and Abdul-Rahman Mohamed-Ali 2006 show otherwise. Ismail, Mohd-Iskandar, Rahmat 2008 and Abdul- Rahman Mohamed-Ali 2006 do not find any evidence to indicate that audit committee activeness and financial literacy significantly impact financial reporting quality. However, Ismail, Mohd-Iskandar, Rahmat 2008 find that audit committee multiple directorship impacts corporate reporting quality. Thus, to help inform policy makers on the efficacy of their regulatory reforms, this study investigates whether audit committee characteristics such as the size of audit committee, independence of audit committee, audit committee meeting frequency and attendance, financial literacy of audit committee and multiple directorships held by audit committee members in other public listed companies would affect the quality of financial reporting. Malaysia provides another suitable setting to evaluate the efficacy of prescribing certain ―best practices‖ for audit committee since all listed companies in εalaysia are required to include in their annual reports, a report on the profile, composition, frequency and attendance of meeting, terms of reference and summary of activities carried out by the audit committee and summary of internal audit activities. We indicate the quality of financial reporting as high when the company won the prestigious annual award given by the stock exchange, and low when the company was publicly reprimanded by the stock exchange for violating the Listing Requirements pertaining to mandatory corporate disclosures, or the company received disclaimer audit opinion because the auditors were 1515 not able to ascertain the accuracy of the financial statements. In overseeing the financial reporting, the audit committee is responsible, among others, in assessing the appropriateness of management‘s selection of accounting policies and disclosures in compliance with approved accounting standards, ensuring timely submission of financial statements by management, reviewing significant or unusual transactions and accounting estimates and assessing whether the financial report presents a true and fair view of the company‘s financial position and performance and complies with regulatory requirements Bursa Malaysia Corporate Governance Guide, 2009, para 2.2.2. Thus, our study is one of the few studies that overcome the imprecision in using the earnings management models as a proxy of the financial reporting quality by using a more direct measure of financial reporting quality to provide further evidence on the effectiveness of audit committee. The main problem with the abnormal accrual models is the presence of measurement error in detecting whether earning management has or has not taken place Dechow, Sloan, Sweeney, 1995; Guay, Kothari, Watts, 1996; McNicholls Wilson, 1998; Dechow Dichev, 2002. In addition, following Rosner 2003 and Garcia-Lara, Garcia-Osma, Neophytou 2009, we incorporate financial distress indicator in the financial reporting quality model. Most earnings management studies in the past may suffer from omitted variable bias by not including the distress variable. And given that the role of the audit committee chairperson is highlighted in the Malaysian Code on Corporate Governance 2007 268 , Bursa Malaysia Corporate Governance Guide 2009 269 and the Malaysian 268 Under the Code, the best practices in corporate governance include: The chairman of the audit committee should engage on a continuous basis with senior management, such as the chairman, the chief executive officer, the finance director, the head of 1516 Corporate Governance Index 2009 endorsed by Minority Shareholder Watchdog Group, we also include the background of the audit committee chairperson in terms of degree of independence, accounting financial expertise and multiple directorships in the robustness tests. An empirical study by Engel et al. 2009 shows that the quality of audit committee, proxied by the accounting financial expertise of the chairperson, is positively related to the level of audit committee compensation. The findings show that audit committee size and financial distress influence the quality of financial reporting. The other audit committee attributes such as independence, board seats in other companies, frequency of and level of attendance at audit committee meeting and financial literacy are not significantly related to the quality of financial reporting. There is also no association between financial reporting quality and the audit committee chairman independence, financial literacy and multiple directorships. All in all, the evidence suggests that the desirable characteristics which the policy makers believe would enhance the effectiveness of the audit committee in carrying out its financial oversight responsibilities do not seem to yield the intended consequence. The rest of the paper is organized as follows. The next section reviews the relevant studies and presents the research hypotheses. Then we describe the research method and discuss the results. The concluding section is devoted to the implication of internal audit and the external auditors in order to be kept informed of matter affecting the company. Through the engagements, relevant issues affecting the company can be brought to the attention of the audit committee in a timely manner. 269 The Guide emphasizes that a key element for a successful audit committee is a strong chair demonstrating depth of skills and capabilities. The audit committee chairman should assume, among others, the following responsibilities: planning and conducting meetings, overseeing reporting to the board, encouraging open discussion during meetings and developing and maintaining an active ongoing dialogue with senior management and both the internal and external auditors. The chair is also accountable for the agenda of the audit committee meeting and should not delegate it to management. 1517 our study for investors, regulators and academics who are examining the audit committee oversight process. PRIOR STUDIES AND HYPOTHESIS DEVELOPMENT Agency theory suggests that shareholders require protection because management agents may not always act in the interests of the absentee owners principals Jensen Meckling, 1976; Fama Jensen, 1983. To deal with this agency problem, the board assumes an oversight role that typically involves monitoring the Chief Executive Officer CEO and other top executives, approving the company‘s strategy, and monitoring the internal control over financial reporting. Given board diverse responsibilities, the board of directors delegates some of its oversight to the audit committee and other committees of the board. The issue of audit committee ‘s effectiveness in monitoring the financial reporting process was examined by, among others, Klein 2002, Felo, Krishnamurthy, Solieri β00γ, Xie, Davidson, DaDalt β00γ, Abbott et al. β004, Bédard, Chtourou, Courteau 2004, Persons 2005, Lin, Li, Yang 2006, Qin 2007 and Archambeault, DeZoort, Hermanson 2008. They examine the association between audit committee characteristics and incidence of fraud or restatements or extent of earnings management or disclosure quality. We summarize below the arguments that link audit committee characteristics and financial reporting quality and provide the empirical evidence on the relationship. In addition, we also discuss the financial reporting behavior among financially distressed firms to illustrate the need to include distress variable in study on financial reporting quality. 1518 Size of Audit Committee As mentioned earlier, the Bursa Malaysia Listing Requirements require a listed company to appoint audit committee from amongst its directors which must be composed of not fewer than three members. A larger audit committee may make it more likely that potential problems in the financial reporting process will be uncovered and resolved. This could arise if a larger committee size increases the resources available to the audit committee and improves the quality of oversight. Felo et al. 2003 document a positive relationship between financial reporting quality and audit committee size in a univariate analysis but this relationship does not hold in the multivariate analysis. In Malaysia, Ahmad-Zaluki Wan-Hussin 2009 provide evidence that audit committee size is positively associated with the quality of financial information disclosure, proxied by the accuracy of IPO management earnings forecast. Based on the above, the following hypothesis is proposed: H1: Larger audit committee size is associated with higher quality of financial reporting. Independence of Audit Committee The role of audit committee is to safeguard an organization by its authority to question top management regarding the way financial reporting responsibilities are handled, as well as to make sure that corrective actions are taken. In a famous speech by Arthur δevitt entitled ―The Numbers Game‖, the former Chairman of the Securities and 1519 Exchange Commission remarked that ―qualified, committed, independent and tough minded audit committees represent the most reliable guardians of the public interest‖. The Listing Requirements of Bursa Malaysia stipulates that all listed companies to have audit committees comprising three members whom a majority shall be independent. The term independent in the Malaysian context refers to two crucial aspects, independence from management and independence from significant shareholder. The Revised Malaysian Code on Corporate Governance 2007 reinforces the desirability of audit committee independence by excluding executive directors from membership. Meanwhile, SOX requires firms to have audit committees comprised solely of independent directors, i.e. those not an affiliate of the firm and not accepting any compensation from the firm other than directors‘ fees. Many studies have uncovered empirical regularities that audit committee independence enhances the quality of financial reporting. Klein 2002, Abbott et al. β004, Bédard et al. β004, Persons 2005 and Archambeault et al. 2008 show that audit committee independence reduce earnings management, or the likelihood of financial reporting restatement and financial reporting fraud. Krishnan 2005 finds that independent audit committees are significantly less likely to be associated with the incidence of internal control problems over financial reporting. These studies support the view that independent audit committees contribute positively to the financial reporting process, which motivate the following hypothesis: 1520 H2: Higher percentage of independent directors in audit committee is associated with higher quality of financial reporting. Audit Committee Meeting Frequency and Attendance The National Committee on Fraudulent Financial Reporting, also known as Treadway Commission 1987, states that an audit committee, which intends to play a major role in oversight, would need to maintain a high level of activity. The audit committee should meet regularly, with due notice of issues to be discussed and should record its conclusions in discharging its duties and responsibilities. In the same vein, The Malaysian Code on Corporate Governance 2001 posits that audit committee which does not meet or meets only once is unlikely to be an effective financial monitor. The Revised Code 2007 advocates an increase in the frequency of meetings between the audit committee and the external auditor without the executive board members present to at least twice a year. This encourages a greater exchange of free and honest views and opinions between both parties. The Guidelines for Audit Committees in the UK are particularly useful on the issue of timing of audit committee meetings. The number of meetings required in a year depends on the company‘s terms of reference and the extent of the complexity of the company‘s financial operations. The Guidelines state that the main meetings are often planned between the end of one year‘s audit and the 1521 beginning of the next, before the issue of the Interim Statements, after the Interim Results and after the year end, but before the accounts are finalized. Menon Williams 1994 contend that the more often an audit committee meets, the more active it is being perceived, which leads to fewer financial reporting problems. Xie et al. 2003 and Vafeas 2005 document that when audit committee meets more frequently, discretionary accruals are lower and there is lower likelihood of firm reporting a small earnings increase, which indicates better financial reporting quality. Abbott et al. 2004 document that higher levels of committee activity measured by holding a minimum of four meetings are significantly related to a lower incidence of financial restatement. These studies provide evidence in support of the view that audit committees which meet more often are more effective in monitoring management and can potentially enhance the quality of financial reporting. There are several dimensions that can be used to indicate audit committee activity such as meeting frequency, meeting duration and time allocation among different functions, meeting regularity, information exchange at the meetings, and whether executive directors are present at meetings and level of attendance of audit committee members. Due to archival data constraint, the two dimensions of activity that are examined in this study are frequency of audit committee meeting and the level of attendance of audit committee members. Based on the above discussion, two sub- hypotheses are formulated: H3a: Higher frequency of audit committee meeting is associated with higher quality of financial reporting. 1522 Besides regular meetings, the level of attendance of audit committee members can also be used to measure the activeness of audit committee members. Even though the frequency of meeting is high but if the attendance levels are poor this may impair the effectiveness of audit committee. It is posited that the higher the level of attendance of audit committee members, the more active and participative the audit committee is, therefore the better is the quality of financial reporting. H3b: Higher level of attendance of audit committee members is associated with higher quality of financial reporting. Financial Expertise of Audit Committee Audit committees are responsible for numerous duties that require a high degree of accounting sophistication such as understanding auditing issues and risks as well as the audit procedures proposed to address them, comprehending audit judgments and understand the substance of disagreement between management and external auditor, and evaluate judgmental accounting areas. DeZoort Salterio 2001 show that audit committee members with previous experience and knowledge in financial reporting and audit are more likely to make expert judgments than those without. Xie et al. β00γ, Abbott et al. β004 and Bédard et al. 2004 document that audit committee financial expertise reduces financial restatements or constrain the propensity of managers to engage in earnings management. DeFond, Hann, Hu 2005 document that appointment of 1523 accounting financial experts generates positive stock market reaction, in line with market expectation that the audit committee members‘ financial sophistication are useful in executing their role as financial monitors. Krishnan 2005 and Zhang, Zhou, Zhou 2007 find that firms are more likely to be identified with deficiencies in internal control over financial reporting, if their audit committees have less financial expertise. All in all, these studies suggest that financially knowledgeable audit committee members that possess accounting qualifications are more likely to prevent and detect material misstatements. Thus, the following hypothesis is proffered: H4: Higher percentage of audit committee members who are financial experts is associated with higher quality of financial reporting. Audit Committee Members with Board Seats in Other Companies Morck, Shleifer, Vishny 1988 state that monitoring of top officers requires time and effort. As the additional directorships on other firms‘ board increase, demands on the individual board member‘s time decrease the amount available for the director to effectively fulfill monitoring responsibilities at a single firm. Shivdasani 1993 contends that multiple directorships hold by board members is a double edged sword. On one hand, it is important in terms of adding to the experience, but on the other hand, it can cause limitation of time and 1524 commitment for board members to perform effectively. Persons 2005 finds that the likelihood of financial statements fraud is lower when audit committee members hold fewer directorships with other firms. Meanwhile, Song Windram 2004 and Vafeas 2005 find that multiple outside directorships may not undermine audit committee effectiveness. One possible interpretation of this result is that under a certain limit, outside directorships enable directors to acquire specific experience from other companies. Given the inconclusive finding, the following hypothesis non-directional is proposed: H5: The number of outside directorships per audit committee member affects the quality of financial reporting. Financial Distress For an entity experiencing financial distress, the quality of financial reporting is often proxied by the tenor of the relevant financial statement notes and of the liquidity section of the Management Discussions Analysis MDA. Carcelo and Neal 2003 find that there is a significant positive relation between the percentage of affiliated directors on the audit committee and the optimism of both the financial statements notes and MDA discussions for financially distressed entities. This evidence corroborates the finding by Jones 1996 that managers in financially distressed firms would prefer no disclosure or optimistic disclosure because they believed that disclosure of the going concern problems may adversely affect the en tity‘s stock price. Similarly, Koch 2002 contends that management earnings forecast issued by distressed firms exhibit greater upward bias and 1525 are viewed as less credible than similar forecasts made by non-distressed firms. Meanwhile, Holder-Webb Cohen 2007 in their study of firms entering financial distress, find that the firms increase the disclosure quality of MDA in the year of initial distress. However, sustained increases in the disclosure quality are limited to firms that subsequently recover from distress. Apart from examining the MDA, very limited studies have compared the accruals quality between financially distressed firms and non-distressed firms. Rosner 2003 shows that financially distressed firms are more likely to exhibit signs of material income increasing earnings manipulation than those of non-distressed firms. Likewise, Garcia-Lara et al. 2009 show that managers resort to both accrual manipulation and real activity manipulation in the years leading up to bankruptcy. Based on the above discussion that points to the low reliability of financial report emanates from financially distressed firm with propensity to camouflage its real performance, the following hypothesis is derived: H6: Firm experiencing financial distress is associated with low financial reporting quality. METHODOLOGY According to Cohen, Krishnamoorthy, Wright 2004 and Pomeroy Thornton 2008, there is a lack of consensus on how to operationalize financial reporting quality. Dimensions of financial reporting quality that have been used by previous researchers include incidence of financial restatements and fraudulent financial reporting, weaknesses 1526 in internal controls, and earnings quality using constructs such as earnings response coefficient and discretionary or abnormal accruals. Given that the public disclosure of financial restatements due to misrepresentation, fraudulent financial reporting and weaknesses in internal controls are rare in Malaysia, this study proxies the quality of financial reporting according to whether the company is a winner of the Stock Exchange Corporate Award KLSE Award or is meted disciplinary action by the KLSE for deficient corporate reporting, or is a recipient of disclaimer audit opinion. 270 The KLSE Corporate Awards recognize listed companies which have shown exemplary corporate conduct in complying with the Listing Requirements. In addition, the Award recognizes public listed companies which have demonstrated high standards of corporate governance, disclosure and transparency coupled with proactive investor relations efforts. Importantly, these Awards also seek to promote international best practices by public listed companies. In February 2004 it was announced that 40 companies won the 2003 KLSE Corporate Awards, the last year the Awards were given since they were started in 1999, including four financial institutions. In this study, the winners of KLSE Awards, excluding financial institutions, are deemed to have good quality financial reporting see Appendix 1. On the other hand, companies which were fined andor publicly reprimanded by the Stock Exchange for failure to comply with certain provisions in the Listing Requirements are considered to have poor financial reporting quality. In 2003, disciplinary actions were taken against 21 companies, and the natures of the offences of 270 KLSE is the abbreviation for Kuala Lumpur Stock Exchange, which is now known as Bursa Malaysia. 1527 each company are described in Appendix 2. These companies are considered to have low quality of financial reporting because they failed to comply with some of the qualitative characteristics of financial information such as timeliness and relevance. Another dimension of poor financial reporting quality used in this study is when the auditors are not able to express an opinion on whether the financial statements give a true and fair view. For financial year ended 2003, we identify 11 such companies see Appendix 3. Thus, unlike previous studies, our research design which focuses on companies with extremely high and low financial reporting quality provides us with a more competent and powerful test to identify characteristics of audit committee that matters in enhancing financial reporting quality. The study uses logistic regression analysis to test the hypotheses. Maddala 1991 states that logistic regression is appropriate where disproportionate sampling from two populations occurs. Studies on the effectiveness of audit committee that have used logistic regression include and Felo et al. 2003, Abbott et al. 2004, Song Windram 2004, Lin et al. 2006, Pucheta-Martinez De Fuentez 2007 and Archambeault et al. 2008. The regression is specified as follows: Dependent Variable = α + ∑βAudit Committee Attributes + πDistress + ∑µControls + ε 1 If a non-finance company has been awarded the KLSE Awards, the dependent variable = 1. If a company has received a public reprimand with 1528 or without fines imposed by the Stock Exchange or disclaimer audit opinion, the dependent variable = 0. The variables associated with audit committee attributes are defined as follows: ACSIZE denotes audit committee size, ACIND denotes the proportion of audit committee members who are independent directors, ACLIT denotes the proportion of audit committee members who are financial experts i.e. members of professional accounting bodies, ACFREQ denotes the number of audit committee meetings held during the year, ACATT denotes the percentage of members who attended the audit committee meetings during the year, ACMULT denotes the percentage of audit committee members with board seats in other listed companies, ACCHINDLIT is a dummy variable which takes the value of 1 if audit committee chairperson is both independent and a financial expert and 0 otherwise, ACCHMULT is a dummy variable which takes the value of 1 if audit committee chairperson has directorship in other listed companies and 0 otherwise, and DISTRESS is a dummy variable which takes the value of 1 if the Z-score is below 2.07 based on the widely used Altman 1993 distress model 271 and 0 otherwise. The control variables are BIG-3, which takes a value of 1 if the company is audited by Ernst and Young, KPMG or PricewaterhouseCoopers and 0 otherwise, ROA 271 The Altman distress model is computed as follows: Z = 1.2working capitaltotal assets + 1.4retained earningstotal assets + 3.3EBITtotal assets + 0.6market value of equitytotal liabilities + 1.0net salestotal assets. It is used in Malaysian studies by Nor and Chin 2002, Gul 2006 and Hasnan et al. 2009. 1529 which is net income divided by total assets, and FIRMSIZE which is the natural log of total assets. Our data sources are Bursa Malaysia website, and the annual reports of the respective companies for financial years ended 2002 and 2003. We used the annual reports ended 2002 for companies that won the 2003 KLSE Corporate Excellence Awards having financial year ending in October, November and December. We used the annual reports ended 2003 for all the remaining companies. FINDINGS Table 1 shows the sample partitioned by quality of financial reporting, type of auditor, distress indicator and the background of the audit committee chairperson. Out of 36 non- financial firms that won the KLSE Awards, 26 or 73 percent were audited by the Big-3 firms of Ernst and Young, KPMG or PricewaterhouseCoopers. On the other hand, out of the 32 firms that were reprimanded for violating the Listing Requirements or issued disclaimer audit opinion, 17 or 53 percent were audited by non Big-3. Almost two third of companies with good financial reporting quality do not have distress indicator, whereas 88 percent of companies with poor financial reporting quality have distress indicator. About two-thirds of the sample firms have audit committee chairperson who is also directors in other listed companies. The instances of audit committee chairperson who is both independent and a financial expert are lower among the high quality financial reporting firms than the low financial reporting firms 22 percent vs. 34 percent. The 1530 chi-square tests not shown in Table 1 indicate there are associations between the quality of financial reporting and type of auditor and between the quality of financial reporting and distress indicator. Insert Table 1 here Table 2 shows the descriptive statistics of the sample partitioned by quality of financial reporting, either good or poor. Univariate analyses t-test showing comparison between poor financial reporting companies and good financial reporting companies are also shown for each of the variables of interest, and control variables. The average audit committee size for the full sample is 3.8. The average audit committee size for the good quality companies is slightly higher than the poor quality companies 4.1 vs. 3.5. All the companies in the sample have an audit committee with at least 3 members, which is in accordance with the Listing Requirements. On average, 73 percent of audit committee members are independent. All companies in the sample have audit committee where the majority is independent directors. The difference in means on audit committee independence between poor and good quality companies 0.69 vs. 0.76 is statistically significant. With regards to financial expertise of audit committee members, on average, one third of audit committee members is considered expert. The average audit committee meeting frequency is the same for good and poor financial reporting companies at 4.75 times. Another way to measure the activeness of audit committee is to look at the audit committee meeting attendance. The level of 1531 attendance is higher although insignificant for good quality companies than poor quality companies whereby on average 94 percent of members attended the audit committee meetings of high financial reporting quality companies, as compared to 91 percent for poor financial reporting quality companies. On average, nearly 60 percent of audit committee members are also directors in other listed companies, with good financial reporting quality companies have higher multiple directorships among its audit committee members than their counterparts 64 percent vs. 56 percent, although the difference is not significant. High financial reporting quality companies also have higher Z-score, albeit insignificant, than low financial reporting quality companies. In terms of firm‘s performance, high financial reporting firms perform significantly better than low financial reporting firms, with their average ROAs at 5.3 percent and -40 percent respectively. To summarize, the evidence from Tables 1 and 2 shows that firstly, the incidence of engaging Big-3 audit firm is significantly higher for good financial reporting companies than poor financial reporting companies, and secondly the audit committee size and audit committee independence for good financial reporting companies are significantly higher than poor financial reporting companies. More companies in the poor financial reporting quality category have distress indicator than their counterparts in the good financial reporting quality category, although the difference in the Z-score means between the two categories is not statistically significant. Poor financial reporting firms are also smaller and have lower return on assets than their counterparts. Insert Table 2 here 1532 Table 3 shows the correlation analysis among the independent and control variables. Based on the correlation matrix, the correlation coefficients among the variables are all less than 0.6 except for the Spearman correlation between DISTRESS and ROA which is -0.62, which indicates that multicollinearity problem is not a cause for concern. This is further supported by the variance inflation factors of less than 2, when ordinary least square regressions are run for all the various models Insert Table 3 here Table 4 presents the regression results. In all the models the common variables are audit committee size, financial distress and the control variables. In Model 1, the additional audit committee attributes tested are the degree of independence and accounting financial expertise of audit committee members, In Model 2, we include the diligence of audit committee in terms of frequency of meeting and level of attendance at meetings, alongside with audit committee member with multiple directorships. In Model 3, we focus on the background of the audit committee chairperson. Based on the results, none of the audit committee attributes influence the quality of financial reporting, except for audit committee size in Model 2. Good financial reporting companies are more likely to have larger audit committee size than poor financial reporting companies. This is consistent with the evidence by Lin et al. 2006 who 1533 show that a larger audit committee provides more oversight over the financial reporting process and reduces the probability of restating financial statements after their original filings with the SEC, but contrasts with the evidence from Felo et al. 2003, Abbot t et al. 2004 and Bédard et al. 2004. Our finding that independent audit committee is not associated with the quality of financial reporting is in contrast with previous Malaysian studies such as Abdullah and Mohd-Nasir 2004 and Abdul-Rahman and Mohamed-Ali 2006 that uses abnormal accruals as proxy for financial reporting quality. However, it is in tandem with Bradbury, Mak, Tan 2006 and Mohd-Saleh, Mohd-Iskandar, Rahmat 2007. Similar to previous Malaysian studies such as Ismail, Mohd-Iskandar, Rahmat 2008 and Abdul-Rahman and Mohamed-Ali 2006, we do not find any evidence to indicate that audit committee activeness and financial literacy significantly impact financial reporting quality. We also find no association between audit committee multiple directorship and corporate reporting quality, which challenges previous finding by Ismail, Mohd-Iskandar, Rahmat

2008. Poor financial reporting companies are also more likely to have

distress indicator consistent with the univarite results presented in Table 1 earlier. Consistent with Table 2, the results in Table 4 also indicate that larger and better performing firms are more likely to exhibit higher financial 1534 reporting quality. Overall, there is very little support for hypotheses 1 to 6. Although the variables associated with the hypotheses are not statistically significant, the signs of the coefficients are in the predicted directions. The accuracy of the model indicates that the percentage of correct classification is very high at above 85 percent. The Nagelkerke R squared also indicates that about 75 percent of all variation in the quality of financial reporting is explained by the models. Although not tabulated in Table 4, when we include all the hypothesized variables and the control variables, the results are qualitatively similar. The significant variables are DISTRESS , ROA and FIRMSIZE, whilst all of the audit committee attributes are insignificant. Insert Table 4 here CONCLUSION Audit committee effectiveness remains one of the significant themes in corporate governance debates Gendron and Bédard, β006. The main objective of the study is to examine the relationships between audit committee characteristics and the quality of financial reporting. The characteristics of audit committee that are examined are size, independence, literacy, multiple directorships, level of activities which is proxied by meeting frequency and attendance, and background of the audit committee chairperson. The evidence that firms with more members in the audit committee are more likely to have good quality financial reporting is in contrast with the evidence from 1535 previous studies such as Felo et al. β00γ, Abbott et al. β004 and Bédard et al. β004, but consistent with Lin et al. 2006. This suggests that larger audit committee makes it more likely that it can devote adequate time and effort to ensure that the information disclosed in the financial statements is accurate and timely and hence increase the quality of financial reporting. This study also documents that financial distress is associated with the quality of financial reporting. This implies that previous studies that exclude financial distress in the financial reporting quality model may be misspecified, Overall the findings can provide guidance to users of accounting information such as investors and regulators. For users, our findings serve as a reminder that audit committees may appear to comply with regulatory requirements on independence, financial expertise and minimum number of meetings, yet in actuality they serve only a ritualistic role with no substantive monitoring in the financial reporting process, in tandem with institutional theory Cohen, Krishnamoorthy, Wright, 2008. To help users make an informed decision on the quality of audit committee and to facilitate a sound assessment of ―independence in substance‖, more qualitative disclosure is required on the activities of audit committee. For the regulators, the efficacy of prescribing certain ―best practices‖ for audit committee remains an open question. It is also fruitful for future research to consider moderating factors that may blunt the ability of audit committee members in promoting corporate transparency. An independent audit committee member‘s lack of seniority on the board may adversely affect hisher ability to scrutinize top management and raise concern over questionable accounting practices. Audit committee member who is appointed by the incumbent CEO 1536 may face obstacles in becoming an effective financial monitor. One of the limitations of this study is the possibility of error in the archival measure of audit committee diligence. Audit committee compensation may be a better proxy for diligence than number of meetings and level of attendance at such meetings. We also ignore non accounting financial expertise when measuring the level of audit committee financial literacy. 1537 APPENDIX 1 The recipients of KLSE Corporate Awards 2003 NO. COMPANY NAME - MAIN BOARD AWARDS’ CATEGORY SECTOR 1. AIC Corporation Berhad KLSE Corporate Excellence Awards 2003 2. British American Tobacco Malaysia Berhad KLSE Corporate Sectoral Awards 2003 Consumer Products 3. Petronas Gas Berhad KLSE Corporate Sectoral Awards 2003 Industrial Products 4. Road BuilderM Holdings Berhad KLSE Corporate Sectoral Awards 2003 Construction 5. Telekom Malaysia Berhad KLSE Corporate Sectoral Awards 2003 TradingServices 6. Island Peninsular Berhad KLSE Corporate Sectoral Awards 2003 Property 7. Golden Hope Plantations Berhad KLSE Corporate Sectoral Awards 2003 Plantation 8. Puncak Niaga Holdings Berhad KLSE Corporate Sectoral Awards 2003 Infrastructure Project Companies 9. Computer Systems Advisers M Berhad KLSE Corporate Sectoral Awards 2003 Technology 10. Shangri-La Hotels Malaysia Berhad KLSE Corporate Sectoral Awards 2003 Hotels 11. Malaysia Mining Corporation Berhad KLSE Corporate Sectoral Awards 2003 Mining 12. UMW Holdings Berhad KLSE Merit Awards 2003 Consumer Products 13. Carlsberg Brewery Malaysia Berhad KLSE Merit Awards 2003 Consumer Products 14. Top Glove Corporation Berhad KLSE Merit Awards 2003 Industrial Products 15. Tractors Malaysia Holdings Berhad KLSE Merit Awards 2003 Industrial Products 16. IJM Corporation Berhad KLSE Merit Awards 2003 Construction 17. Gamuda Berhad KLSE Merit Awards 2003 Construction 18. Genting Berhad KLSE Merit Awards 2003 TradingServices 19. Malaysia International Shipping Corporation Berhad KLSE Merit Awards 2003 TradingServices 20. Sunrise Berhad KLSE Merit Awards 2003 Property 21. S P Setia Berhad KLSE Merit Awards 2003 Property 22. Kumpulan Guthrie Berhad KLSE Merit Awards 2003 Plantation 23. Guthrie Ropel Berhad KLSE Merit Awards 2003 Plantation 24. Unisem M Berhad KLSE Merit Awards 2003 Technology 1538 NO. COMPANY NAME - SECOND BOARD AWARDS’ CATEGORY SECTOR 1. Pharmaniaga Berhad KLSE Corporate Excellence Awards 2003 2. SEG International Berhad KLSE Corporate Excellence Awards 2003 3. Khind Holdings Berhad KLSE Corporate Sectoral Awards 2003 Consumer Products 4. Tien Wah Press Holdings Berhad KLSE Corporate Sectoral Awards 2003 Industrial Products 5. Kumpulan Jetson Berhad KLSE Corporate Sectoral Awards 2003 Construction PropertyPlantation 6. PJI Holdings Berhad KLSE Corporate Sectoral Awards 2003 TradingServices 7. Industronics Berhad KLSE Corporate Sectoral Awards 2003 Technology 8. Hunza Consolidation Berhad KLSE Merit Awards 2003 Consumer Products 9. Malaysian AE Models Holdings Berhad KLSE Merit Awards 2003 Industrial Products 10. Wong Engineering Corporation Berhad KLSE Merit Awards 2003 Industrial Products 11. Ahmad Zaki Resources Berhad KLSE Merit Awards 2003 ConstructionProperty Plantation 12. Nationwide Express Courier Services Berhad KLSE Merit Awards 2003 TradingServices 1539 APPENDIX 2 Companies that were reprimandedfined by the KLSE COMPANYS NAME DATE NATURE YEAR ENDED AMT OF FINE SINDORA 23-Aug-03 LS OF AAA 30 APRIL 2003 RM2,000 SELOGA 23-Oct-03 LS OF AAA 30 APRIL 2003 RM16,000 SOUTHERN PLASTIC 9-Jan-04 LS OF QR 31 MAY 2003 RM22,000 DATUK KERAMAT 9-Jul-04 LATE ANNOUNCEMENT OF WINDING UP AMTEK 7-May-04 FAIL TO ANNOUNCE TRANSACTION DISCCOMP 20-Aug-04 LATE ANNOUNCEMENT OF RELATED PARTY TRANSACTION PILECON 20-Feb-04 LATE ANNOUNCEMENT OF WINDING UP TANAH EMAS 19-Mar-04 OTHER RM200,000 TIMBERWELL 5-Nov-04 LS OF AR 31 DEC 2003 RM72,000 TIMBERWELL 5-Nov-04 LS OF AAA 31 DEC 2003 RM126,000 CHUAN HUAT 26-Nov-04 INFORMATION NOT FACTUAL, CLEAR RM50,000 SITT TATT 9-Jul-04 INFORMATION NOT FACTUAL, CLEAR KSU 25-Jun-04 LS OF AAA 31 JULY 2003 RM200,000 KSU 9-Jul-04 LS OF AR 31 MARCH 2003 RM200,000 KSU 20-Aug-04 LS OF QR 30 SEP 2003 RM200,000 KSU 20-Aug-04 LS OF QR 31 DEC 2003 RM200,000 ANTAH 2-Mar-04 LS OF AAA 30 JUNE 2003 RM14,000 JIN LIN WOOD 24-Sep-04 LS OF QR 30 SEP 2003 RM100,000 JIN LIN WOOD 24-Sep-04 LS OF QR 31 DEC 2003 RM47,500 JIN LIN WOOD 24-Sep-04 LS OF AAA 30 JUNE 2003 RM100,000 JIN LIN WOOD 24-Sep-04 LS OF AR 30 JUNE 2003 RM125,000 SETEGAP 17-Sep-04 LS OF AAA 31 DEC 2003 RM5,000 LIEN HOE CORP. 20-Aug-04 LS OF QR 31 DEC 2003 RM3,000 GLOBETRONICS 03-Oct-03 OTHER GENERAL SOIL 9-Feb-04 LATE ANNOUNMENT OF WINDING UP CONSOL. FARM 5-Nov-04 OTHER AVANGARDE 3-Jan-05 LS OF AR 31 DEC 2003 2002 RM165,000 AVANGARDE 3-Jan-05 LS OF AAA 31 DEC 2003 2002 RM160,000 BUKIT KATIL 11-Mar-05 LS OF AR AR 30 JUNE 2003 RM200,000 BUKIT KATIL 11-Mar-05 LS OF AAA AAA 30 JUNE 2003 RM200,000 INDICATOR LS OF QR = LATE SUBMISSION OF QUARTERLY REPORT LS OF AAA = LATE SUBMISSION OF ANNUAL AUDITED ACCOUNT LS OF AR = LATE SUBMISSION OF ANNUAL REPORT 1540 APPENDIX 3 The recipients of Qualified Audit Report for the year 2003 REFERENCES Abbott, L. J., Parker, S. and Peters, G. F. 2004 Audit Committee Characteristics and Restatements, Auditing: A Journal of Practice Theory, 231, 69-87. Abdullah, S. N. and Mohd-Nasir, N. 2004 Accrual Management and the Independence of the Boards of Directors and Audit Committees, IIUM Journal of Economics and Management , 121, 1-31. Abdul-Rahman, R. and Mohamed-Ali, F. H. 2006 Board, Audit Committee, Culture and Earnings Management: Malaysian Evidence, Managerial Auditing Journal, 217, 783-804. Ahmad-Zaluki, N. A. and Wan-Hussin, W. N. 2009 Corporate Boards, Audit Committees and Quality of Financial Disclosures in IPOs. NO. COMPANY’S NAME AUDITORS AUDIT OPINION 1. Anson Perdana Berhad HLB I. M. Chieng Co Unable to form an opinionDisclaimer 2. Aokam Perdana Berhad KPMG Unable to form an opinionDisclaimer 3. Ekran Berhad Ernst Young Unable to form an opinionDisclaimer 4. Geahin Engineering Berhad Ernst Young Unable to form an opinionDisclaimer 5. Hotline Furniture Berhad Horwath Mok Poon Unable to form an opinionDisclaimer 6. Innovest Berhad BDO Binder Unable to form an opinionDisclaimer 7. Kemayan Corporation Berhad PricewaterhouseCoopers Unable to form an opinionDisclaimer 8. Metroplex Berhad P.C. Chan Partners Unable to form an opinionDisclaimer 9. Omega Holdings Berhad Ernst Young Unable to form an opinionDisclaimer 10. Pica M Corporation Berhad KPMG Unable to form an opinionDisclaimer 11. Tru-Tech Holdings Berhad PricewaterhouseCoopers Unable to form an opinionDisclaimer 1541 Available at http:ssrn.comabstract=1240306 Archambeault, D.S., Dezoort, F.T. and Hermanson, D.R. 2008 Audit Committee Incentive Compensation and Accounting Restatements, Contemporary Accounting Research, 254, 965-92. Beasley, M.S., Carcello, J.V., Hermanson, D.R. and Neal, T.L. 2009 The Audit Committee Oversight Process, Contemporary Accounting Research, 261, 65- 122. Bédard, J., Chtourou, S. ε. and Courteau, δ. β004 The Effect of Audit Committee Expertise, Independence, and Activity on Aggressive Earnings Management, Auditing: A Journal of Practice Theory, 232, 13-35. Bradbury, M., Mak, Y. T. and Tan, S. M. 2006 Board Characteristics, Audit Committee Characteristics and Abnormal Accruals, Pacific Accounting Review, 182, 47-68. 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D. 2002 The Quality of Accruals and Earnings: The Role of Accrual Estimation Errors, The Accounting Review, 77Supplement, 35-59. Dechow, P. M., Sloan, R. G. and Sweeney, A. P. 1995 Detecting Earnings Management, The Accounting Review, 702, 193-225. DeFond, M. L., Hann, R. N. and Hu, X. 2005 Does the Market Value Financial Expertise on Audit Committees of Boards of Directors? Journal of Accounting Research , 432, 153-193. 1542 DeZoort F. T., Hermanson D. R., Archambeault, S., and Reed, S. A. 2002 Audit Committee Effectiveness: A Synthesis of the Empirical Audit Committee Literature, Journal of Accounting Literature, 21, 38-75. DeZoort F. T., and S. Salterio. 2001 The Effects of Corporate Governance Experience and Financial Reporting and Audit Knowledge on Audit C ommittee εembers‘ Judgments, Auditing: A Journal of Theory and Practice, 20, 31 –48. Engel, E., Hayes, R.M. and Wang, X. 2009 Audit Committee Compensation and the Demand for Monitoring of the Financial Reporting Process, Journal of Accounting and Economics, forthcoming . Fama, E. F. and Jensen, M. C. 1983 Separation of Ownership and Control, Journal of Law and Economics, 262, 301-325. Felo, A. J., Krishnamurthy, S. and Solieri, S. A. 2003 Audit Committee Characteristics and the Perceived Quality of Financial Reporting: An Empirical Analysis. Available at http:ssrn.comabstract=401240 Garcia Lara, J.M., Garcia Osma, B. and Neophytou, E. 2009 Earnings Quality in Ex- Post Failed Firms, Accounting Business Research, 392, 119-138. Gendron, Y. and Bédard, J. β006 On the Constitution of Audit Committee Effectiveness, Accounting, Organisation and Society, 313, 211-239. Guay, W., Kothari, S. P. and Watts, R. 1996 A Market-Based Evaluation of Discretionary Accrual Models, Journal of Accounting Research, 34Supplement, 83-115. Gul, F.A. β006 Auditor‘s Response to Political Connections and Cronyism in εalaysia, Journal of Accounting Research, 445, 931-963. Hasnan, S., Abdul-Rahman, R. and Mahenthiran, S. 2008 Management Predisposition, Motive, Opportunity and Earnings Management for Fraudulent Financial Reporting in Malaysia. Available at http:ssrn.comabstract=1321455 Holder-Webb, L. and Cohen, J.R. 2007 The Association between Disclosure, Distress and Failure, Journal of Business Ethics, 753, 301-314. Ismail, H., Mohd-Iskandar, T. and Rahmat, M. M. 2008 Corporate Reporting Quality, Audit Committee and Quality of Audit, Malaysian Accounting Review, 71. 1543 Jensen, M. C. and Meckling, W. H. 1976 Theory of the Firm: Managerial Behaviour, Agency Costs and Ownership Structure, Journal of Financial Economics, 3 October, 305-60. Jones, F.δ. 1λλ6 The Information Content of the Auditor‘s Going Concern Evaluation, Journal of Accounting and Public Policy, 15, 1-27. Klein, A. 2002 Audit Committee, Board of Director Characteristics, and Earnings Management, Journal of Accounting and Economics, 333, 375-400. Koch, A. S. 2002 Financial Distress and the Credibility of Management Earnings Forecasts. Available at http:ssrn.comabstract=415580 Krishnan, J. 2005 Audit Committee Financial Expertise and Internal Control: An Empirical Analysis, The Accounting Review, 80, 649-675. Lin, J. W., Li, J. F and Yang, J. S. 2006 The Effect of Audit Committee Performance on Earnings Quality, Managerial Auditing Journal, 219, 921-933. Maddala G. S. 1991 A Perspective on the Use of Limited-dependent and Qualitative Variables Models in Accounting Research, The Accounting Review, 66October, 788-807. Malaysian Code on Corporate Governance. January 2001. Kuala Lumpur: Securities Commission Malaysian Code on Corporate Governance . September 2007. Kuala Lumpur: Securities Commission McNicholls, M. and Wilson, P. 1998 Evidence of Earnings Management from the Provision for Bad Debt, Journal of Accounting Research, 26, 1-31. Menon, K., and Williams, J. D. 1994 The Use of Audit Committees for Monitoring, Journal of Accounting and Public Policy, 13, 121-139. Mohd-Salleh, N., Mohd-Iskandar, T. and Rahmat, M. M. 2007 Audit Committee Characteristics and Earnings Management: Evidence from Malaysia, Asian Review of Accounting, 152, 147-163. Morck, A., Shleifer, A. and Vishny, R. 1988 Management Ownership and Market Valuation: An Empirical Analysis, Journal of Financial Economics, 20, 293-315. 1544 Nor, M. F. and Chin, C.Y. 2002 Z-Score Revisited: Its Applicability in Predicting Bankruptcy in the Malaysian Environment, Bankers Journal: The Journal of the Institute of Bankers Malaysia, 120, 20-28. Persons, O. S. 2005 The Relation Between the New Corporate Governance Rules and the Likelihood of Financial Statement Fraud, Review of Accounting Finance, 42, 125-148. Pomeroy, B. and Thornton D.B. 2008 Meta-analysis and the Accounting Literature: The Case of Audit Committee Independence and Financial Reporting Quality, European Accounting Review, 17, 305-330. Pucheta-Martinez, M. C. and De Fuentes, C. 2007 The Impact of Audit Committee Characteristics on the Enhancement of the Quality of Financial Reporting: An Empirical Study in the Spanish Context, Corporate Governance: An International Review , 156, 1394-1412 Qin, B. 2007 The Influence of Audit Committee Financial Expertise on Earnings Quality: US Evidence, ICFAI Journal of Audit Practice, 43, 7-28. Rosner, R.L. 2003 Earnings Manipulation in Failing Firms, Contemporary Accounting Research, 202, 361-408. Shivdasani, A. 1993 Board Composition, Ownership Structure and Hostile Takeovers, Journal of Accounting Economics, 16, 167-198. Song, J. and Windram, B. 2004 Benchmarking Audit Committee Effectiveness in Financial Reporting, International Journal of Auditing, 8, 195-205. Treadway Commission. 1987 Report of the National Commission on Fraudulent Financial Reporting. Washington DC. Vafeas, N. 2005 Audit Committees, Boards, and the Quality of Reported Earnings, Contemporary Accounting Research , 22, 1093-1122. Xie, B., Davidson, W. W. and DaDalt, P. J. 2003 Earnings Management and Corporate Governance: The Role of the Board and Audit Committee, Journal of Corporate Finance, 9, 295-316. Zhang, Y., Zhou, J. and Zhou, N. 2007 Audit Committee Quality, Auditor Independence, and Internal Control Weakness, Journal of Accounting and Public Policy , 26, 300-327. 1545 Table 1- Sample Characteristics Type of auditor Distress indicator AC chairperson is directors in other listed companies AC chairperson is both independent and financial expert Non- Big-3 Big-3 No Yes No Yes No Yes Good quality financial reporting n 10 26 24 12 10 26 28 8 percent 27 73 67 33 28 72 78 22 Poor quality financial reporting n 17 15 4 28 11 21 21 11 percent 53 47 12 88 36 66 66 34 Total n 27 41 28 40 21 47 49 19 percent 40 60 41 59 31 69 72 28 Companies with good quality financial reporting are winners of 2003 KLSE Awards, whilst companies with poor quality financial reporting are violators of the Stock Exchange Listing Requirements or recipients of disclaimer audit opinion, Big-3 consists of Ernst and Young, KPMG or PricewaterhouseCoopers. Distress companies have Altman Z-score below 2.07 see footnote 6. 1546 Table 2 - Descriptive Statistics The top figure is for equal variances assumed and the bottom figure is for equal variances not assumed. p .05 2-tailed. The independent variables are defined as follows: ACSIZE denotes audit committee size, ACIND denotes the proportion of audit committee members who are independent directors, ACLIT denotes the proportion of audit committee members who are financial experts i.e. members of professional accounting bodies, ACFREQ denotes the number of audit committee meetings held during the year, ACATT denotes the percentage of members who attended the audit committee meetings during the year, ACMULT denotes the percentage of audit committee members who are also directors in other listed companies, Z-SCORE is based on Altman model see footnote 6, ROA is net income divided by total assets, and FIRMSIZE is the natural log of total assets. ACSIZE ACIND ACLIT ACFREQ ACATT ACMULT Z-SCORE ROA FIRMSIZE Good N = 36 Mean 4.08 0.76 0.31 4.75 0.94 0.63 3.86 0.053 13.74 Minimum 3.00 0.50 0.17 4.00 0.80 0.00 0.67 -0.07 11.00 Maximum 6.00 1.00 0.67 8.00 1.00 1.00 14.24 0.38 17.14 Poor N = 32 Mean 3.47 0.69 0.33 4.75 0.91 0.56 -13.11 -0.40 11.81 Minimum 3 0.5 0.00 2.00 0.40 0.00 -345.00 -4.15 7.22 Maximum 5 1.0 0.67 11.00 1.00 1.00 9.69 1.05 14.47 Good vs. Poor t-test difference in means 3.59 3.64 2.49 2.54 -0.70 -0.69 0.00 0.00 1.43 1.37 0.90 0.89 1.67 1.57 2.94 2.77 4.97 4.99 Total N = 68 Mean 3.79 0.73 0.32 4.75 0.93 0.60 -4.12 -0.16 12.83 Minimum 3.00 0.50 0.00 2.00 0.40 0.00 -345 -4.15 7.22 Maximum 6.00 1.00 0.67 11.00 1.00 1.00 14.24 1.05 17.14 1547 Table 3 - Correlations 1 2 3 4 5 6 7 8 9 10 11 12 1. ACSIZE -0.04 -0.10 0.01 -0.30 0.20 -0.18 0.03 -0.15 0.22 0.19 0.46 2. ACIND 0.22 -0.18 0.05 0.05 0.25 -0.05 0.12 -0.25 0.11 0.20 0.19 3. ACLIT -0.32 -0.28 0.10 0.09 -0.05 0.25 0.04 0.05 0.18 -0.12 -0.23 4. ACFREQ 0.00 0.08 0.07 0.05 -0.03 0.23 -0.01 0.05 -0.09 0.06 -0.02 5. ACATT -0.30 -0.16 0.18 -0.14 -0.05 0.12 0.11 -0.15 -0.12 0.04 0.02 6. ACMULT

0.24 0.28

-0.13 0.02 -0.08 -0.04 0.57 -0.10 0.02 0.05 0.28 7. ACCHINDLIT -0.16 -0.02

0.27 0.30

0.06 -0.05 0.13 0.12 -0.10 -0.12 -0.15 8. ACCHMULT 0.02 0.20 -0.02 0.06 0.00 0.54 0.13 -0.11 -0.02 -0.14 -0.01 9. DISTRESS -0.14 -0.24 0.11 -0.08 -0.12 -0.09 0.12 -0.11 -0.13 -0.26 -0.20 10. BIG-3 0.24 0.13 0.07 -0.04 -0.06 0.03 -0.10 -0.02 -0.13

0.29 0.28

11. ROA

0.29 0.27

-0.24 -0.06 0.21 0.11 -0.25 0.04 -0.62 0.35 0.31 12. FIRMSIZE 0.43 0.22 -0.37 -0.02 -0.04 0.26 -0.15 -0.01 -0.20

0.27 0.47

Pearson diagonal up and Spearman diagonal down. Correlation in boldfaced indicatessignificant at the 0.05 level 2-tailed. The independent variables are defined as follows: ACSIZE denotes audit committee size, ACIND denotes the proportion of audit committee members who are independent directors, ACLIT denotes the proportion of audit committee members who are financial experts i.e. members of professional accounting bodies, ACFREQ denotes the number of audit committee meetings held during the year, ACATT denotes the percentage of members who attended the audit committee meetings during the year, ACMULT denotes the percentage of audit committee members who are also directors in other listed companies, ACCHINDLIT takes a value of 1 if audit committee chairman is both independent and a financial expert and 0 otherwise, ACCHMULT takes a value of 1 if audit committee chairman is also directors in other listed companies and 0 otherwise, DISTRESS takes the value of 1 if the Z-score is below 2.07 based on the widely used Altman 1993 distress model see footnote 6, BIG-3 takes a value of 1 if the company is audited by Ernst and Young, KPMG or PricewaterhouseCoopers and 0 otherwise, ROA is net income divided by total assets, and FIRMSIZE is the natural log of total assets. 1548 Table 4 - Logistic Regression Dependent Variable = α + ∑βAudit Committee Attributes + πDistress + ∑µControls + ε Model 1 Model 2 Model 3 Hypotheses and Expected sign Coefficient estimate Coefficient estimate Coefficient estimate ACSIZE H1 + 1.35 2.06 1.25 ACIND H2 + 6.80 ACFREQ H3a + 0.21 ACATT H3b + 10.44 ACLIT H4 + 3.81 ACMULT H5 ? -1.40 DISTRESS H6 - -2.68 -2.86 -2.76 ACCHINDLIT 0.44 ACCHMULT -0.11 BIG-3 -0.07 -0.08 0.11 ROA 6.41 6.10 5.96 FIRMSIZE 1.07 1.14 0.99 Constant Nagelkerke R squared Hosmer-Lemeshow chi-square Percentage correct -22.75 0.76 9.35 88.2 -29.70 0.77 7.95 86.8 -15.25 0.74 2.74 86.8 p .05. The dependent variable = 1, if the company has been awarded the KLSE Awards, and 0 if the company has received a public reprimand with or without fines imposed by the Stock Exchange or disclaimer audit opinion. The independent variables are defined as follows: ACSIZE denotes audit committee size, ACIND denotes the proportion of audit committee members who are independent directors, ACLIT denotes the proportion of audit committee members who are financial experts i.e. members of professional accounting bodies, ACFREQ denotes the number of audit committee meetings held during the year, ACATT denotes the percentage of members who attended the audit committee meetings during the year, ACMULT denotes the percentage of audit committee members who are also directors in other listed companies, ACCHINDLIT takes a value of 1 if audit committee 1549 chairman is both independent and a financial expert and 0 otherwise, ACCHMULT takes a value of 1 if audit committee chairman is also directors in other listed companies and 0 otherwise, DISTRESS takes the value of 1 if the Z-score is below 2.07 based on the widely used Altman 1993 distress model see footnote 6, BIG-3 takes a value of 1 if the company is audited by Ernst and Young, KPMG or PricewaterhouseCoopers and 0 otherwise, ROA is net income divided by total assets, and FIRMSIZE is the natural log of total assets. 1550

5.2 Islamic Accounting, Banking and Finance

THE IMPACT OF RUHIYAH ASPECTS ON THE ASSESSMENT OF FINANCIAL PERFORMANCE HEALTH ON BMTS IN RESIDENCY OF BANYUMAS, CENTRAL JAVA, INDONESIA Muhammad Akhyar Adnan , International Islamic University Malaysia Permata Ulfah, Sudirman State University Indonesia Abstract The aim of the research is to analyze the impact of ruhiyah aspects on financial performance in the health assessment of Baitul Maal [wa at]Tamweels BMT – the shariah micro financing units – in Residency of Banyumas, Central Java, Indonesia. Four ruhiyah aspects were examined in the study, which include: vision-mission, social sensibility, sense of belonging, and application of Shariah principles. All 43 BMTs in Residency of Banyumas were initially targeted as respondents. However, after applying some criteria set up, only 27 units of them were selected to be samples of research. The primary data were collected by distributing the questionnaires; the secondary data were based on their annual reports. The study found that four above mentioned aspects have simultaneously significant impacts on the financial performance. Each variable has also been found to have a significant effect individually. In spite of the results above, the other finding that needs to be emphasized here is that the Shariah principles are rarely applied by the management of the BMTs. Simplicity, easiness, and risk minimizing, are the reasons often held by the management. It is obvious that the main principles on which BMTs were initially based are ignored. Keywords: BMT, shariah micro financing unit, ruhiyah aspects, financial performance, health levels, Indonesia. BACKGROUNDS The World Conference of Islamic Countries, 21-27 April 1969, had a positive impact in fostering Islamic banks in many countries. After establishment of Islamic Development Bank 1551 in 1975, more than 200 Islamic financial institutions have also been established and recorded about fifteen years after. They are speared not only in the countries where Muslims constitute the majority, but also in some countries where Muslims are minority [Adnan, 1996; Muallim, 2007] In Indonesia, on the initiatives of the Majlis Ulama Indonesia MUI and some Muslim entrepreneurs, the first Islamic bank, Bank Muamalat Indonesia, was founded with reference to the Undang-undang RI No. 7 Tahun 1992 Banking Act No.7, 1992. In 1998, a revision of the Act was passed to be Undang-undang RI No. 10 Banking Act No. 10 on Revision of Banking Act No. 7. On this basis, the Shariah banking has been admitted legally to be a sub- system of the national banking system. According to Banking Act No. 10, 1998 the bank industry in Indonesia is classified into two types. One is a general bank, and the other is a rural bank Bank Perkreditan Rakyat, abbreviated as BPR. The same classification is also applied for the Shariah bank industry, with additional shariah terms added to the name of bank, such as Bank Shariah Mandiri BSM established in Jakarta and has many branches located throughout many other cities in the country, and BPR Shariah Dana Hidayatullah in Yogyakarta. Beyond above classification, the unique micro Islamic financial institutions also exist in the country. They are called as the Baitul Maal [wa at] Tamwils [commonly abbreviated as BMT. Legally, most of them apply the cooperative entity forms, but operationally, they look like more [Shariah] banks in general. Ideally, the BMTs were founded mainly to serve social and local interests who have no access to the formal banking industry, and not merely aimed at profit generating entities like many other micro financial institutions [See: Adnan, 2003]. The term ―Baitul εal‖ or ―a pool of third party‘s funds‖ means a place for everyone who cares of social surroundings to save his or her money. According to Pusat Inkubasi Bisnis dan Usaha Kecil Center for Incubation of Small- business and Enterprises – abbreviated as PINBUK, although there are more than 3000 BMTs at the end of 2005, a far more higher number than that of 1997 1501 BMTs, owned only below Rp. 1 trillion of assets [Pinbuk, undated]. The growth of BMTs is not always encouraging. Some of them were collapsed. The failure is caused by, first, unskilled management [Adnan, 2003] which could be indicated by the high non-performing loan. Second is poor management supervision, in particular the fund management supervision. The situation is worsened by the lack of management‘s sense of belonging. However, some exceptions also exist. For example is the BMT Ben Taqwa in Central Java. It has been growing remarkably and controlling the assets of around thirty trillions rupiahs Agustianto, 2008. 1552 In the middle of flourishing conventional institutions, the trust is a crucial issue directly connected to BMTs. Indonesian Minister of Cooperation and Small and Medium Enterprises, Surya Dharma Ali, urges that the performance of BMTs needs to be improved, especially in term of Shariah concept application. Collateral should not be an absolute requirement in credit or financing proposal, but in reality, it is strictly required. PINBUK defines that the health level of BMT is its performance and quality which are seen from important factors that directly impact on the development of BMT, both in a short term and long term. There are two main aspects of the level, jasadiyah physical and ruhiyah spiritual PINBUK, undated. The Jasadiyah aspects include the financial performance, institutional structure and management. The Ruhiyah aspects include the vision-mission, social sensibility, sense of belonging, and application of Shariah principles which must be complying with the shar‟iah rules, based on the Holy Quran and Tradition or ahadith. Some studies might have been focused to the jasadiyah issues. However, very little studies if any have been conducted to look at the ruhiyah issues, particularly in the case of the BMT, or micro Islamic financial institutions. This is among the reasons why this research was done. Research Problems Three important questions are set to study this issue. They are as follows: First, are the ruhiyah aspects affect simultaneously on the BMTs financial performance the jasadiyah aspect? Second: are the ruhiyah aspects impacts partially the financial performance? And finally: Which is ruhiyah aspect among the four that we have identified that has the most significant impact on the financial performance? Objectives The objectives of this study are: 1. To know how significant the ruhiyah aspects impact simultaneously on the jasadiyah aspect financial performance. 2. To know how significant the ruhiyah aspects impact partially on the jasadiyah aspect financial performance. 3. To know which ruhiyah variable that has the most significant impact on the jasadiyah aspect financial performance. Contribution of the Research Upon the completion of the research, it is expected that it would be contributing the following: 1553 1. To provide the BεT‘s management a general overview of factors influencing the financial performance. The research findings can be expected as a supporting consideration in the effort of sustaining or even improving the BεT‘s performance. 2. To provide the management of BMTs the reliable information of variables in the research those are closely related to the financial performance. 3. To provide the management of BMT an alternative resource to which the management might refer in determining the most important variable influencing the performance. Theoretical Framework and Hypothesis Shariah banking is a banking system that promotes morality and ethics. Values adopted in its operation are based on the basic characteristic of Prophet Muhammad pbuh, which includes the siddiq honesty, istiqomah consistent, fathonah smartness, amanah trustworthiness, and tabligh ability to deliver principles See also: Adnan 2006 in Sulaiman, M. and Nik Nazli Nik Ahmad, 2008. In addition, the cooperation ta‟awun, profesionalism ri‟ayah, and responsibility mas‟o-liyah, are other values that must be observed, as also guided in both the Quran‘s verses and Ahadith. There are five interconnected factors that should be concerned in building a healthy BMT; these include the owner and management, customers and local community, competitors, regulators and supervisions, and infrastructures Sudarsono, 2007. The roles of BMTs as supporting agents for small enterprises are influenced by their health levels. A healthy BMT is a trusted, safe, and beneficial one. A BMT with an unhealthy predicate indicates that there is something wrong, not only in term of management and institutionalism, but also in that of Shariah aspect. A research conducted by team Kofesmeid 2000 discovers that financial performance of BMTs is strictly connected to human resources they employ. The human resource is the main crucial issue faced by most of BMTs researched. The same finding was resulted by the team BεT Center Dompet Dhuafa Republika‘s research. The later shows that bad financial condition is caused by poor management of BMTs. There are two main aspects of health assessed, jasadiyah and ruhiyah. The first includes financial performance or the capability of BMTs in managing funds accurately and smartly to ensure sustaining operation and profit generating, both in a short term and long term. The second covers institutionalism, or, the readiness of BMTs to perform their operations from the perspective of the availability and quality of rules and mechanism in planning, implementation, advancement, supervision, human development, and so on, and management, or, the readiness of BMTs to perform day-to-day operations. 1554 Ruhiyah value is everyone‘s awareness of his or her existence as a creation of Allah makhluq, by which he or she must always be conscious of the presence of Allah in every breath by consistently obeying what He wants. The ruhiyah aspects includes, fisrt: vision-mission; second: social sensibility; third: sense of belonging; fourth: application of Shariah principles. Vision, according to David β00β, is a long term wish and desire, ―What do we want to become”. Vision-mission has important roles in achieving defined objectives. Mission is the objectives or reasons why an organization lives. It is statements on what and how to achieve the objectives Hunger et al, 2002. Social sensibility is how responsive founders, management, and all members of a BMT are in caring of the surroundings, especially, local Muslim community. It is a fundamental basis for sustaining growth of the BMT as it is directly related to reputation and trust Pambudi, 2007. Sense of belonging, according to Robbins 1988, is a condition where personnel take the side of his organization with all its objectives. In line with Robbins, Gibson and Ivancevich 1λλ6 define the sense of belonging as one‘s commitment, partiality, and loyalty, to certain organizations. The research analyzes financial performance of BMTs in Residency of Banyumas from the point of view of the ruhiyah aspects. Two points are emphasized here, first, is to describe the measurement of the performance in the health assessment of BMTs used PINBUK standard that is slightly different from Bank Indonesia Central Bank standard. Second, is to scrutinize the relation between the ruhiyah aspects of management and the financial performance of BMTs in Residency of Banyumas that consists of four districts. Hypotheses Three hypotheses are developed to be examined in the study. They are: 1. The ruhiyah aspects have a simultaneous impact on the jasadiyah aspect i.e. financial performance 2. The ruhiyah aspects have a partial impacts on the jasadiyah aspect i.e. financial performance 3. The variable of Vision-Mission have the most significant impact on the jasadiyah aspect i.e. financial performance 1555 RESEARCH METHOD Population and Samples The population of the research is all BMTs located in the Residency of Banyumas, Central Java, Indonesia. The samples were determined by non-probabilistic purposive sampling or judgment sampling with the criterion of minimum 3 years of operation. There are 27 of 43 MBTs in Residency of Banyumas that comply with the criterion. Data Type The primary data are obtained from questionnaires distributed to respondents, which include the founders, management, and local leaders of where the BMT is located. The questionnaires were designed using the Likert scale with 5 alternative answers. The secondary data are financial statements of 2005-2006 and other related information obtained from the BMT management. Variables The independent variables are: 1. The vision-mission of the BMT with the proxy questions on what opinion the founders, management, and all staff members who have the important positions and roles of BMTs. 2. The social sensibility which is measured by the proxy questions on percentage of funds allocated for qard al-hasan as compared to total financing provided, distribution of below-1-million financing to members, how active the management and members are in contributing to BMTs, and frequency of social-religious activities held by BMTs. 3. The sense of belonging which is measured by the proxy questions on the readiness of the founders and management to provide their additional contribution if the rush happens, degree of presence of the members in activities held, and how they pay obligatory contribution timely. 4. The application of shariah principles with the proxy questions on how BMTs collect and channel money from and to peoples, how to determine profit-sharing ratios, when revenue-sharing can be taking place, and who bears responsibility when loss happens in mudarabah agreement. The independent variables measurement is conducted by providing five alternative answers for each proposed question, ranging from: strongly agree score: 5, somewhat agree score: 4, neither agree nor disagree score: 3, somewhat disagree score: 2, and strongly 1556 disagre e score:1. The scores are then multiplied by the weight of each question. The health level of BMTs is the results of the multiplication. See Table 1. Health Level of BMTs below: Table 1: Health Level of BMTs No. Scores Predicates 1 3.50-4.00 healthy 2 2.50-3.49 moderately healthy 3 1.50-2.49 slightly unhealthy 4 1.5 unhealthy Dependent Variables Dependent variables are the BεTs‘ financial performances reflected in obtained scores for each component of capitalization, productive assets, liquidity, efficiency, and rentability. The scores are then multiplied by the weight of each score resulting in the health level as above. See table below for further details. Table 2: The Assessment of jasadiyah Aspects Financial Performance of BMTs Components Ratios Scores Weights Capitalization Saving s Party Third Capital Total 5 5 - 15.9 16 - 25 25 1 2 3 4 20 Productive Assets Financing Total Financing g min Perfor Non Total a. 10 6 - 10 3 - 5.9 3 1 2 3 4 25 Financing Performing Non Financing Off Written Reserved b. 0 - 25 26 - 50 51 - 75 76 - 100 1 2 3 4 5 1557 Liquidity Fund s Party Third Total Financing Total 71 and 94.9 71 - 74.9 and 91 - 94.9 75 - 80.9 and 86 - 90.9 81 85.9 1 2 3 4 20 Efficiency Revenue l Operationa Cost l Operationa a. 90 76 - 90 60 - 75.9 60 1 2 3 4 5 Capital Total Asset Total b. 50 41 - 50 31 - 40.9 31 1 2 3 4 5 Rentability Asset Total Profit a. 1 1 - 1.9 2 - 3 3 1 2 3 4 13 Capital Total Profit b. 5 5 - 15.9 16 - 25 25 1 2 3 4 7 Analysis Validity and Reliability Tests An instrument is said to have a high validity level if its components do not deviate from the instrument function. In this research, the validity test is conducted with the product moment correlation method. According to Iqbal 2002, the minimum requirement for a component to be regarded as valid if r count is grater than r table . The validity test of 19 statements used in the research shows the r count of 0.679-0.91, is greater than r table 0.367. The statements are, thus, regarded as valid. The reliability test to measure the reliability of the questionnaires is conducted with the alpha cronbach r-alpha correlation method. A statement is regarded reliable if the resulted r-alpha coefficient is greater than 0.5. The reliability test of the 19 statements results in 0.742-0.93 of r-alpha, which is greater than 0.5. The statements are, thus, regarded reliable and can be used as measurement tools. Hypothesis Test In the research, the hypotheses are tested with Path Analysis. The analysis is used as there are both direct and indirect causal relation trends in the models. 1558 The simultaneous impact of the ruhiyah aspects on the jasadiyah aspects financial performance is tested with F-test. The impact is regarded as significant if F count is greater than F table . The partial impact of the ruhiyah aspects on the jasadiyah aspects is tested with t-test. If a resulted t count of an aspect is greater than the corresponding t table , the impact is regarded to be partially significant. Further, which aspect of the ruhiyah aspects that has the most significant impact on the jasadiyah aspect is determined by observing the Path Analysis co-efficient. The aspect with the greatest coefficient has the greatest impact. RESULTS Descriptive Statistic The number of respondents of each BMT is five people, these include one of founders, one of management staff members, one of local leaders, and two of customers. The totals of 135 respondents were successfully contacted. They are distributed as follows: Table 3: Descriptive Statistic of Respondents No. Characteristic Respondents Founders Manage- ment Local Leaders Members Customers 1 Sex a. Male b. Female 27 16 11 27 36 18 Sum 27 27 27 54 2 Education a. Senior High School b. Under Graduate c. Graduate 3 12 12 10 9 8 6 10 11 34 9 11 Sum 27 27 27 54 3 Age a. 25 years b. 25 -35 years c. 36 -50 years d. 50 years 10 9 6 2 6 15 5 1 8 12 7 20 21 5 8 Sum 27 27 27 54 4 Salary a. Rp 1 million b. Rp 1 -3 millions c. Rp 3 millions na na na 24 3 na na na na na na Sum 27 5 Years of work in BMT a. 1 year na 2 na na 1559 b. 1 – 3 years c. 3 – 5 years d. 5 years na na na 14 4 7 na na na na na na Sum 27 Ruhiyah Aspects of BMTs The health of BMTs in the Residency of Banyumas, viewed from the ruhiyah aspects, is presented in the table below. Table 4: The Health Level of BMTs Viewed from Ruhiyah Aspects No. BMTs Ruhiyah Aspects Vision- Mission Social Sensibility Sense of Belonging Application of Shariah Principles 1 A 3.540 3.307 3.747 3.480 2 B 3.568 3.216 3.104 3.248 3 C 3.640 3.590 3.460 3.320 4 D 3.840 3.520 3.700 3.800 5 E 3.920 3.600 3.920 3.800 6 F 3.888 3.992 3.648 3.376 7 G 3.847 3.953 3.747 3.587 8 H 2.937 2.990 3.493 2.789 9 I 3.710 3.670 3.240 3.500 10 J 3.690 3.393 2.880 3.333 11 K 3.644 3.512 3.488 3.424 12 L 3.393 3.447 3.347 3.240 13 M 3.566 3.806 3.726 3.371 14 N 3.660 3.330 3.240 3.500 15 O 3.150 2.540 2.600 3.200 16 P 3.880 3.247 3.427 3.293 17 Q 3.840 3.120 3.840 3.760 18 R 3.472 2.496 3.184 2.704 19 S 3.250 3.050 3.440 3.300 20 T 3.560 3.624 3.728 3.072 21 U 3.667 2.920 3.147 2.947 22 V 3.048 3.120 2.592 2.944 23 W 2.920 3.040 2.720 2.912 24 X 3.155 2.965 2.990 2.950 25 Y 3.263 3.223 3.246 3.154 26 Z 3.153 3.007 3.067 2.960 27 AA 3.116 3.129 2.933 3.129 1560 Maximum 3.920 3.992 3.920 3.800 Minimum 2.920 2.496 2.592 2.704 Average 3.493 3.289 3.320 3.263 The table above shows that the health level of Vision-Mission aspect of BMTs in Residency of Banyumas on average is moderately healthy with the point of 3.493. There is no BMT with less than 2.49. Since the minimum point is 2.920, this means that none of BMTs in Banyumas can be classified as slightly unhealthy or unhealthy. The table also shows that seventeen of them have a healthy category. The Social Sensibility variable shows the same results with the average point of 3.289 moderately healthy. No BMT with the level of slightly unhealthy or unhealthy is found. The healthy category is achieved by nine BMTs with the points greater than 3.5. In regards to the third variable, that is the sense of belonging, there is again none of BMT is found to be classified as slightly unhealthy or unhealthy. As indicated by the figures in the table, eight of them can be categorized as healthy. The application of Shariah Principles is the most important aspect as it is the spirit of BMTs that makes them different from other small or micro sized financial institutions. How to determine profit sharing ratios, who bears responsibility when loss happens, and what rules to obey in running the operation, are all based on the said principles. The results show that there is no BMT in the Residency of Banyumas that does not respect the principles. In terms of the application, average point of 3.263 moderately healthy is achieved by the BMTs. It means that they have great concerns to apply the Shariah laws. Six of them have, in fact, respected the laws very much as indicated by the points recorded that are greater than 3.5 healthy. Jasadiyah Aspects Financial Performance of BMTs 1561 Based on the method described in Table 5, the assessment of jasadiyah aspects financial performance of BMTs, the health levels of the BMTs ’ financial performances are presented in the following table. The levels are obtained by adding up all the components ’ health levels. Table 5: The health levels of The BMTs ’s Financial Performances No. BMTs Components Health Levels Capitali- zation Productive Assets Liquidity Efficiency Renta- bility Sum 1 A 0.80 0.85 0.60 0.20 0.80 3.25 MH 2 B 0.80 0.80 0.60 0.25 0.53 2.98 MH 3 C 0.80 0.90 0.20 0.25 0.20 2.35 SUH 4 D 0.80 0.30 0.80 0.20 0.73 2.83 MH 5 E 0.60 0.65 0.80 0.25 0.40 2.70 MH 6 F 0.40 0.55 0.20 0.10 0.20 1.45 UH 7 G 0.40 0.80 0.80 0.15 0.67 2.82 MH 8 H 0.40 0.70 0.20 0.25 0.80 2.35 SUH 9 I 0.20 0.60 0.20 0.10 0.41 1.51 SUH 10 J 0.60 0.55 0.80 0.25 0.80 3.00 MH 11 K 0.60 0.65 0.80 0.20 0.46 2.71 MH 12 L 0.40 0.55 0.60 0.15 0.20 1.90 SUH 13 M 0.40 0.55 0.80 0.20 0.47 2.42 SUH 14 N 0.40 0.60 0.40 0.25 0.27 1.92 SUH 15 O 0.60 0.45 0.80 0.30 0.20 2.35 SUH 16 P 0.40 0.55 0.80 0.25 0.47 2.47 SUH 17 Q 0.80 0.65 0.80 0.40 0.80 3.45 MH 18 R 0.40 0.85 0.60 0.25 0.67 2.77 MH 19 S 0.80 0.65 0.80 0.20 0.40 2.85 MH 20 T 0.40 0.80 0.60 0.15 0.80 2.75 MH 21 U 0.60 0.80 0.60 0.30 0.60 2.90 MH 22 V 0.60 0.95 0.60 0.40 0.27 2.82 MH 23 W 0.60 0.85 0.20 0.25 0.20 2.10 SUH 24 X 0.80 0.80 0.80 0.25 0.66 3.31 MH 25 Y 0.60 0.80 0.80 0.30 0.27 2.77 MH 26 Z 0.80 0.80 0.80 0.15 0.20 2.75 MH 27 AA 0.60 0.95 0.80 0.25 0.40 3.00 MH Notes: H=Healthy; MH=Moderately Healthy; SUH=Slightly Unhealthy; UH=Unhealthy 1562 The table above clearly indicates that, there are only 17 of BMTs in Residency of Banyumas achieving moderately healthy levels, and none of them is categorized as healthy. Path Analysis The aim of this analysis is to understand the impacts of the ruhiyah aspects‘s health levels on the jasadiyah aspect financial performance‘s health levels. The variables to be analyzed are pictured in the table below. Table 6: The Variables Used in Path Analysis No. BMTs Health levels of ruhiyah aspects Financial performance Vision- Mission Social Sensibility Sense of Belonging Application of Shariah Principles 1 A 3.54 3.31 3.75 3.48 3.25 2 B 3.57 3.22 3.10 3.25 2.98 3 C 3.64 3.59 3.46 3.32 2.35 4 D 3.84 3.52 3.70 3.80 2.83 5 E 3.92 3.60 3.92 3.80 2.70 6 F 3.89 3.99 3.65 3.38 1.45 7 G 3.85 3.95 3.75 3.59 2.82 8 H 2.94 2.99 3.49 2.79 2.35 9 I 3.71 3.67 3.24 3.50 1.51 10 J 3.69 3.39 2.88 3.33 3.00 11 K 3.64 3.51 3.49 3.42 2.71 12 L 3.39 3.45 3.35 3.24 1.90 13 M 3.57 3.81 3.73 3.37 2.42 14 N 3.66 3.33 3.24 3.50 1.92 15 O 3.15 2.54 2.60 3.20 2.35 16 P 3.88 3.25 3.43 3.29 2.47 17 Q 3.84 3.12 3.84 3.76 3.45 18 R 3.47 2.50 3.18 2.70 2.77 19 S 3.25 3.05 3.44 3.30 2.85 20 T 3.56 3.62 3.73 3.07 2.75 21 U 3.67 2.92 3.15 2.95 2.90 22 V 3.05 3.12 2.59 2.94 2.82 23 W 2.92 3.04 2.72 2.91 2.10 24 X 3.16 2.97 2.99 2.95 3.31 25 Y 3.26 3.22 3.25 3.15 2.77 26 Z 3.15 3.01 3.07 2.96 2.75 27 AA 3.12 3.13 2.93 3.13 3.00 1563 The social research has always a degree of aptness in explaining a relationship between variables. The relationship will not be able to be regarded as absolute causality due to unexplained variables and uncertainties. How apt the ruhiyah aspects influence on the jasadiyah aspect is determined by R 2 . The greater R 2 , the more correct the relations. The table below shows the degree of aptness of the ruhiyah aspects have an influence over the jasadiyah aspect. Table 7: The Matrix of The X ruhiyah aspects ’s Impacts on The Y jasadiyah Aspect Impacts Aspects Vision - Mission Social Sensibility Sense of Belonging Shariah Principles Direct 95.08 47.75 4.28 8.11 Indirect Vision-Mission -40.87 -8.80 -19.42 Social Sensibility -40.87 8.02 10.22 Sense of Belonging -8.80 8.02 2.58 Shariah Principles -19.42 10.22 2.58 Sum of Impacts 25.99 25.12 6.08 1.49 The total sum of X‘s impacts on Y isμ β5.λ8+β5.1β+6.08+1.4λ or 58.68 percent R 2 . As it has been explained before, this indicates that from all variables that impact Y, X represent 58.68 of them. The remaining other variables hold 41.36. The remaining are unexplained variables and uncertainties. Hypothesis Tests Simultaneous impact of the ruhiyah aspects on the jasadiyah aspect financial performance is tested with F-test with significance of λ5 α = 0.05. The result shows that F count is 5.3183, greater than F table 2.73. It means all the ruhiyah aspects do simultaneously have a significant impact on the jasadiyah aspect. Partial test of each ruhiyah aspect is conducted by t- test with significance of λ5 α = 0.05, resulting in the outcome below. Table 8: The Result of Partial t-test on each The ruhiyah Aspect Variables p YX i t count Vision-Mission X 1 -0,9751 -6,6632 Social Sensibility X 2 0,6910 5,19495 Sense of Belonging X 3 0,2069 1,74743 1564 Shariah Principles X 4 0.2848 2,06929 Based on the table above, Vision- εission‘s t count is less than t abel . Each of the other three variables has t count greater than t table . It means all the four variables have significant impacts respectively on the financial performance. By comparing each path coefficient of the variables, it is obvious that pYX 2 , pYX 3 , pYX 4 pYX 1 , meaning that Vision-Mission is the variable with the most significant impact on the financial performance. The table also shows that Application of Shariah Principles is the variable with the smallest coefficient. It is in line with the evident that some or many BMTs used to operate the entity closer to the conventional principles than complying with the Shariah rules purely. This include the treatment of money as a traded commodity, rather than means of payment, treating the mudarabah savings and deposits accounts with monthly fixed interests that are relatively equal to that of conventional banks, whether consumers agree or do not agree with. These have been regarded as the simplest and easiest way as the customers do not fully understand yet the Shariah techniques the BMTs try to apply. In term of credit channeling, the BMTs often face a dilemma. In one hand customers needs the mudarabah and musharakah financing with an agreement of both profit and loss sharing as emphasized by the Shariah rules, on the other hand the management has to carefully place client‘s funds in safe instruments with zero losses. The management merely offers the profit sharing schemas, and avoids the loss sharing schemes. This is among the reasons why most BMTs tend not to offer the mudarabah and musharakah products. As a result, they devote their efforts mainly to seek profit, and set aside social and religious missions at which their institutions are initially aimed. The reasons are: a. The Shariah principles are still relatively difficult to be applied in the operations when, at the same time, consumers need easy, express, simple, and satisfying services. b. Consumers have not yet fully understand the sharing systems, while the management reluctantly socializes the matter due to their limited knowledge. CONCLUSIONS Based on previous data analysis, the following findings are offered: 1. All the ruhiyah aspects have moderately healthy levels with the points of 3.493, 3.289, 3.320, and 3.263, for Vision-Mission, Social Sensibility, Sense of Belonging, and Application of Shariah principles indicators respectively. 2. In term of financial performance, from all the selected BMTs, 17 of them 63 have moderately healthy predicates with the average point of 2.921, 33 bear slightly unhealthy with the point of 2.152, and 1 BMT 4 is classified as unhealthy. 1565 3. All the ruhiyah aspects have a simultaneous impact on the financial performance with F count of 5.3183 greater than F table 2.73. 4. Each of the ruhiyah aspects has a significant impact on the financial performance. This is concluded from the resulted Vision- εission‘s t count -6.6632 which is less than –t table - 1.7, and the other three‘s those are greater than t table 1.7. 5. Vision-Mission is the ruhiyah aspect that has the most significant impact on the financial performance with its path coefficient β5.λ8 greater than the other three‘s coefficient Social Sensibility: 25.12; Sense of Belonging: 6.07; Application of Shariah Principles: 1.48 IMPLICATION In our view, the above findings might have some implications. Among other is that the imperative of ruhiyah aspects to be well understood, planned and implemented by those BεTs‘ management and staffs. The research has proven convincingly the strong relationship between the jasadiyah and ruhiyah aspects. The reality in many cases had shown that little, if any, of ruhiyah aspects have been into account. A failure of taking care of these aspects, undoubtedly shall affect the life of entities. As discussed previously, the implementation of shariah principles is having the lowest score. It indicates the likelihood of disregarding the shariah principles on the operation of BMTs. Regardless the reasons held by BMTs management, this practice can no longer be tolerated. Failure to implement the shariah principles properly might affect the fundamental well-being of the BMT. In the medium or long run, the existence of BMT can be fading. The BMTs would be seen as indifferent to any conventional riba based micro credit entities. The basic objectives of the establishment BMT will never be able to be reached. LIMITATIONS AND FURTHER RESEARCH SUGGESTIONS Although we believe that the findings are important, yet we have to recognize the inherent limitations of this study. These include, first: the study area coverage. The research was conducted in Residency of Banyumas that consists of four districts. As we have informed previously, we cover only 27 BMTs out of three more thousand BMTs scattered in the country. Different results might be possibly obtained if the observations are expanded to other or larger areas. The validity of the conclusions is, thus, restricted merely to Residency of Banyumas. 1566 Second, the financial ratios used in the research to measure the health level of BMTs are based on the standards issued by PINBUK that are slightly different from that of Bank Indonesia the latter is designed to measure the health level of conventional banks. Thus, there are possibly variables other than used in the research that impact, too, on the financial performance of the BMTs. These variables have not been regarded yet in the study. Moreover, the financial statements periods only cover two consecutive years 2005 – 2006. Due to these constraints, we strongly suggest that more rigorous study can be conducted to overcome the above limitations of the current study. References Adnan, Muhammad Akhyar, Agus Widarjono and M. Bekti Hendri Anto β00γ, ―Study on Factors Influencing Performance of The Best Baitul Maal Wat Tamwils Bmts in Indonesia ‖, Iqtisad, Vol. IV, No. 1, March 2003, Pp13-35. Adnan, εuhammad Akhyar 1996 ―An Investigation of Accounting Concepts and Practice s of Islamic Banks‖. Un-published PhD Thesis, University of Wollongong, Australia. Agustianto 2008 in agustianto.niriah.com20080430bmt-dan- pengentasan-kemiskinan - 28k - David, Fred R., 2002, Manajemen Strategis, PT Prenhallindo, Edisi Ketujuh, Jakarta. Gibson, James L., John M Ivanecevic and James H Donnely Jr, 1996, Organisasi, Perilaku-Struktur-Proses, Terjemahan, Edisi ke delapan, Binarupa Aksara, Jakarta. http:www.kompas.comkompas-cetak050910utama2038383.htm, accessed 1 Agustus 2007. http:www.media-indonesia.comberita.asp?id=76237 accessed 1 Maret 2007 http:www.msi-uii.net accessed 13 Agustus 2007 http:www.pinbukbmt.netindex.phppinbuklsm accessed 1 Maret 2007 http:www.republika.co.idkoran_detail.asp?id=225415kat_id=269, accessed 1 Maret 2007 1567 http:www.stie-stikubank.ac.idwebjurnaledisi_agusgus_2003 accessed 1 Maret 2007 Hunger, J. David dan Thomas L Wheleen, 2002, Manajemen Strategis terjemahan, Andi Offset, Yogyakarta Malhotra, N. K., 1996, Marketing Research: An Applied Orientation, 2 nd edition, Englewood Cliffs, New Jersey: Prentice Hall Inc. εu‘allim, Amir β007 ―Persepsi εasyarakat Terhadap δembaga Keuangan Shariah‖, quoted from http:www.msi-uii.net accessed 13 August 2007. Muhammad, 2002, Manajemen Bank Shariah, Yogyakarta : UPP AMP YKPN Pambudi, Sri Teguh, 2007, ―Tanggung Jawab Sosial Harus Dilakukan – δandasan Pertumbuhan Berkelanjutan‖ http:www.kompas.comkompas-cetak060313jogja, accessed 1 Agustus 2007 Pusat Inkubasi Bisnis Usaha Kecil, t.t, Pedoman Penilaian Kesehatan BMT: Baitul Maal wat Tamwil Balai Usaha Mandiri Terpadu, Jakarta: PINBUK Stephen, Robbin P., 1988, Organizational Behaviour, New Prentice Hall Inc, New Jersey Sudarsono, Heri., 2003, Bank dan Lembaga Keuangan Shariah : Deskripsi dan Ilustrasi, Yogyakarta : Penerbit ekonisia. Sulaiman, M. and Nik Nazli Nik Ahmad, 2008, Management Accounting Fundamentals, International Islamic University, Malaysia. Weston J. Fred and Eugene F. Brigham, 1994, Dasar-dasar Manajemen Keuangan, Edisi ke-9, diterjemahkan oleh Alfonsus Sirait, , Jakarta : Erlangga 1568 CONVERTING A CONVENTIONAL BROKERAGE HOUSE INTO AN ISLAMIC ONE AN APPLICATION TO THE TURKISH MARKET Sinan OkumuΒ, εarmara University Abstract Islamic Finance is gaining momentum worldwide not only with the wealth accumulation in Islamic societies along with the higher oil prices but also with its asset backed structure casting out excessive uncertainty. Islamic Banking activities has been carried out by Participation Banks for the last 25 years in Turkey, however other Islamic Finance institutions like Islamic brokerage and Islamic Insurance Takaful are quite new to Turkish market with the former introduced in 2007 and the latter is yet to be launched. This paper lays out the ground for the conversion principles of a conventional brokerage house into an Islam compliant brokerage house by benefiting from the experience of Inter Invest, the first Islamic brokerage house in Turkey.

I. INTRODUCTION

Islamic Finance has been recently attracting interest from both the researchers and the practitioners. Many researchers analyse Islamic Finance whether its principles can be an alternative to crises worn global finance system. And as for the practitioners, Islamic Finance is a rapidly growing finance field with the oil driven 1569 wealth accumulation and high population growth among Muslim communities. The industry‘s assets have grown β8 percent globally in β008 after observing an annual growth rate of 20 to 30 percent over the last ten years. However the industry growth is expected to slow down in 2009 due to severe global crises 272 . Basically, Islamic finance relies upon trade and bans interest. Any transaction should be based on assets like real estate and commodities. Excessive uncertainty and leverage is not allowed thus avoids speculation. Both the assets and the transaction structure should comply with the Islamic principles. The financial structures and operations should be approved by the Shariah board religious board which is consisted of at least three Islamic scholars 273 . There are however shortcomings of Islamic finance like the lack of uniform interpretation and application of the Islamic principles and the shortage of the Islamic financial products. The industry is working on generally accepted Islamic principals through associations. As for the shortage of the Islamic financial products, the number of the Islamic finance institutions is growing along with the volume of the financial products. Also the governments across the world are tapping the Islamic finance market with asset based debt products. 272 Islamic Finance Industry Growth May Falter in 2009, Bloomberg May 7,2009 273 The Economics of Islamic Finance and Securitization, Andreas A. Jobst, February 2007 1570 Islamic Finance was first introduced in 1985 to Turkish finance market through Islamic banks called as Participation Banks in Turkey 274 .Islamic banks has reached to 3.7 of the all banking assets, 4.7 of deposits 275 , 4.9 of credits and 4.2 of capital within 24 years of operations 276 .Participation banks channelled most of the collected deposits into credits more than the conventional banks due to the fact that there were no available asset based government debt complying the Islamic investment principles until 2009 277 . Islamic financial system is not only limited to banks, other conventional finance operations like brokerage, funds, insurance and the like can be carried out on Islamic principles. Yet these Islamic institutions are quite new but they have been growing with solid steps. The following section of this paper explains the Islamic brokerage and the differing functions between the conventional and Islamic brokerage house both on the 274 Albaraka Turk was the first Islamic bank to operate in Turkey.Currently there are 4 participation banks active. 275 Islamic Banking has serious disadvantage over the conventional banking on the deposit side.The earliest deposit maturity is one month due to the Islamic operating nature of the Participation banks, while the conventional banks accepts overnight deposits and repurchase agreement. 276 May,2009 Bulletin, Banking Regulation and Supervision Agency BRSA 277 Turkish Treasury launched new bonds linked to income of several state agencies in January and April 2009. The participation banks showed large demand for their proprietary portfolios as well as their clients. 1571 operational and business lines. The paper also aims to lay out the equity selection and investments criteria for mutual funds to operate in line with the Islamic principles.

II. ISLAMIC BROKERAGE

Brokerage houses act as intermediaries between the investors and the capital markets. Islamic brokerage houses are means for Islamic investors to invest their wealth ethically into assets complying with Islamic principles avoiding interest, manipulation speculation, excessive uncertainty, leverage and detriment to third parties. Mostly an investor is not in a position to know whether an investment is Islam- compliant or not. Islamic brokerage house provides information on the Islam compliancy of the investment in addition to financial advising and intermediary services. Brokerage houses are extensively regulated and scrutinized by state or vocational organizations 278 .Islam applies additional responsibilities on the brokerage houses in order to ensure ethical financial system. These additional responsibilities are like freedom from interest, excessive uncertainty, gambling, unearned income, price 278 A Model of an Islamic Stockbrokerage Firm, Thomas D. Telner, www.djindexes.commdsidxdownloadstellner.pdf 1572 control and manipulation, detriment to third parties and entitlement to transact at fair prices and equal, adequate and accurate information. 279 Islamic brokerage house carries out most of the functions of the conventional brokerage houses. It provides investors advise on investments, brokerage on securities and commodities, manages mutual funds, real estate funds, private equity funds and discretionary portfolios. Additionally it provides corporate finance services like IPO‘s and debt securitization. Islamic brokerage house differs from the conventional brokerages in areas like margin trading, transaction of interest bearing bonds, transaction of equities which are not fulfilling the Islamic investment criteria. Islamic brokerage activities have gained momentum within the last ten years. Some brokerage houses are solely offering Islamic brokerage while some of them offering both conventional and Islamic brokerage services. The banking clients of the Islamic banks constitute solid base for the Islamic brokerage houses to offer their services. Potentially, the network among the Islamic brokerage houses around the world will strengthen the growth of the industry to ensure the continuation of the success.

III. THE POTENTIAL OF ISLAMIC BROKERAGE IN TURKEY

A. Brokerage Business in Turkey

279 Islamic Financial Services, Mohammed Obaidullah, Islamic Economics Research Center, March 2005 1573 The number of the active brokerage houses is 88 as of March 2009 down from 99 in 2007. In the last four years the sector has gone through consolidation. International banks and investment banks acquired local firms in order to take place in developing Turkish capital markets 280 . A typical brokerage house in Turkey provides brokerage in equity, fixed income, derivatives and foreign securities to earn commission income. Net commission revenues constituted 55 of the brokerage firms‘ revenue which was 561 million USD in 2008. 74 of the commission income is derived from equities, 23 from derivatives with the remaining derived from fixed income and foreign securities. In addition to brokerage services, the firms also provide corporate finance, asset management and other services to constitute 28 of the revenue. The rest of the income comes from the proprietary trading and interest income received from the clients. 281 Exhibit 1 Exhibit 1: Breakdown of brokerage firms‟ revenues 200812 280 The Capital Market Board of Turkey has not been issuing new licenses such that the only entrance to Turkish brokerage industry is to acquire a brokerage firm. 281 The Association of Capital Markets Intermediary Institutions of Turkey 1574 Source: The Association of Capital Markets Intermediary Institutions of Turkey When we evaluate the breakdown of the stock trading volumes Exhibit 2 28,4 of trading is realised by domestic sales department, 25,1 by international sales department, 14,9 by branches total 185 branches, 13,1 by bank branches 5.664 bank branches, 9,3 through internet, 5,5 by proprietary trading and the remaining 3,6 by the other departments. Exhibit 2: Breakdown of stock trading volumes by departments 200812 1575 Source: The Association of Capital Markets Intermediary Institutions of Turkey Turkish brokerage industry is intensively dominated by the bank owned brokerage companies and the international investment banks.The former have the advantage of the broader distribution network through their branches, call center and internet banking and the latter have their own international network of investors and funds.However specialised islamic brokerage companies with islamic banking backing can built solid business in Turkey.

B. Islamic Banking in Turkey

Four Islamic banks called as Participation Banks are operative as of May 2009, constituting 3,7 282 of the all banking assets. The annualised average growth of the sector has become 30,7 within the last seven years while it has been 19,3 for the 282 May,2009 Bulletin, Banking Regulation and Supervision Agency BRSA 1576 whole banking industry. There are 682.000 deposit accounts participation accounts, 176,000 credit accounts and 758.000 credit cards with the Islamic banks. 283 Islamic banks totally have 540 branches and 11.074 employees as of first quarter of 2009. 284 Islamic banks are important pillars of the Turkish banking system with their non interest and profit loss sharing structures. Islamic banks have long ignored the other Islamic finance institutions like brokerage and insurance. Since these banks already have client base and solid reputation of ethical and Islamic operations, any attempt to get in to the brokerage and insurance business has a high chance welcome by the Islamic investors. Islamic banks are warming up with the equity markets with Asya Bank and Albaraka Turk shares started trading at Istanbul Stock Exchange in recent years. Saying that there might be more interest in providing brokerage services to their clients in the near future through either their brokerage house or some other independent Islamic brokerage firm.

IV. CONVERSION OF A CONVENTIONAL BROKERAGE HOUSE INTO ISLAMIC ONE

283 Participation Banks within the Turkish Finance System, Osman Akyüz, β0 εarch β009, The Participation Banks Association of Turkey 284 The Participation Banks Association of Turkey 1577 The Islamic board of the Unicorn Investment Bank Bahrain based Islamic Investment Bank requested the management of Inter Invest Turkish Brokerage House and its subsidiary Inter Asset Management in 2007 to convert the company activities to comply with the Islamic rules within a three year period, under the condition of substantial progress in each year. Brokerage house functions can be divided as business units and operation units.

A. Conversion of Operation Units

Operation units of a typical brokerage company are order processing, cashiering, clearing, transfer, financeaccounting, administration, internal audit, compliance, risk management and IT. As for the conversion of operation activities, two major areas were needed for change. 1. Proprietary Accounts: All proprietary accounts in bonds and money market instruments are liquidated and deposited into participation accounts held with Islamic Banks. Also the equities in the proprietary accounts are liquidated to invest into Islam compliant equities. 2. Collaterals Held with Istanbul Stock Exchange ISE Settlement and Custody Bank: The company had treasury bonds with Settlement and 1578 Custody Bank as collateral. The bonds were replaced by letter of guaranty of Islamic banks.

B. Conversion of Business Units

Business units of a brokerage house are treasury cash management and proprietary trading, sales marketing domestic and international, corporate finance, asset management and research. I. Treasury: Treasury department of a brokerage firm mainly functions in cash management of the firm, lend or borrow money in the money markets and trade treasury bonds on behalf of the firm. Therefore, treasury department is not allowed to lend or borrow money in the money markets and trade treasury bonds. Instead, the department uses deposit accounts held with Islamic banks and trade income indexed government bonds when it is possible. II. Sales Marketing: Margin trading accounts of clients were cancelled since it does not comply with Islamic principles. Derivatives and fixed income instruments trading of clients is also not permissible in a Islamic brokerage house. 1579 The clients were able to trade in equities which fulfil the following Islamic principles 285 . Equity Selection Criteria-Business Lines Companies dealing in alcohol, tobacco, pork-related products, conventional financial services, defenceweapons and entertainment businesses are excluded from the Islamicaly investable equity list. Equity Selection Criteria-Financial Ratios Companies whose; -Total debt divided by trailing 12-month average market capitalization is 33 or more, -Cash plus interest-bearing securities divide by trailing 12- month average market capitalization is 33 or more, -accounts receivables divided by 12-month average market capitalization is 33 or more, are also excluded from the investable equity list. The list of Islam compliant stocks in Istanbul Stock Exchange ISE will be revised after each quarter financial results for amendments. Research 285 According to the Islamic Board of Unicorn Investment Bank. 1580 department is responsible for the update of the stocks in line with the Islamic board. There were 81 stocks approved by Islamic guidelines with total market capitalization at 32.5 billion USD which was 31 of the ISE total.The floating market capitalization of these stocks was at 9.7 billion USD as of November 2008. III. Corporate Finance: Corporate finance activities should also align with the Islamic guidelines as outlined above for equities. Securitization should be based on asset and the total structure should be approved by the Islamic board. IV. Mutual Funds: There are basically two ways of transition of the existing mutual funds into Islamic funds. 1- Amendment of the equity funds‘ bylaws to comply with Islamic guidelines and the closure of the money market funds and fixed income funds since they do not comply with the Islamic principles due to the lack of asset backed, revenue sharing or profitloss sharing securities available in the Turkish market. 286 286 Turkish Treasury recently launched new bonds indexed to income of several state agencies which 1581 2- Merger of the existing funds to create an Islamic equity fund. There are challenges to managing Islamic funds in Turkish capital markets. The fund should invest fully in equities all the time regardless of the market condition due to the lack of Islamic debt and money market products. Also the Turkish Capital Market Board Code CMB is restricting funds to deposit money into conventional or participation bank accounts. Investing fully in equities creates pressure on the fund returns thus limiting the success of the fund. Investing into commodities like gold also is not a solution to the problem due to commodity price fluctuations. Islamic funds in Turkey will be successful in Turkish market when there will be more of government and private sector Islamic debt available with liquidity in the secondary market.

V. CONCLUSION

In this paper, we tried to explain the application process of the first of a kind conversion of a conventional brokerage house into an Islamic brokerage house in Turkey. Islamic brokerage has not kept up pace along with the Islamic banking comply with the Islamic investment criteria however the secondary market of the issues is not liquid. Mutual funds can not invest into illiquid securities due to uncertain redemption dates. 1582 up until recently however, today it is generally accepted as complementary to the Islamic banking business. Brokerage business has been going through consolidation in Turkey. In order to be successful in these growing market institutions has been looking for ways of specialization. Islamic brokerage offers high potential in parallel with rapidly growing Islamic banking both in Turkey and worldwide. The introduction of the Islamic insurance takaful in the near future will boost the Islamic asset management business. However, there are challenges ahead for the Islamic brokerage in Turkey. Firstly, the lack of I slamic debt is a major obstacle for the industry‘s growth. We believe there will be more Islamic debt issues coming to the market in the near future in order to attract more of Islamic capital in to Turkey. Secondly, an independent Islamic brokerage house would be highly dependent to the distribution network of the existing Islamic banks in Turkey. Such a company should target to be active in international sales and corporate finance in case it will have distribution problems for brokerage and fund management businesses. Lastly, Islamic brokerage is not well known to investors. The industry should accelerate its efforts to promote Islamic brokerage. 1583

VI. REFERENCES

Akyüz, Osman β009 , ―Participation Banks within the Turkish Finance System‖, The Participation Banks Association of Turkey Bader Al-Refai,Majid Al- Sayed β005, ―Challenges Facing the Islamic Financial Institutions‖, 2nd Annual Asian Islamic Banking Finance Summit Bernard, Jacques β005, ―Value Beyond Real Estate‖ ,Presentation at International Islamic Finance Forum, Singapore Buyukdeniz, Adnan β006, ― Participation Banks in Turkey: An Economic and Social Reality‖, Albaraka Turk Participation Bank Inc. El- Gamal, εahmoud A.β00β, ―The Need for Adaptable Shari‘a Screening of Stocks: A case study of equity REITs‖, Rice University Telner, Thomas D. A Model of an Islamic Stockbrokerage Firm, www.djindexes.commdsidxdownloadstellner.pdf Jobst, Andreas A. 2007, The Economics of Islamic Finance and Securitization, Working Paper, Journal of Structured Finance, Vol.13 No.1 Obaidullah, Mohammed 2005, Islamic Financial Services, Islamic Economics Research Center, King Abdulaziz University Jeddah, Saudi Arabia 1584 WAQF ACCOUNTING AND THE CONSTRUCTION OF ACCOUNTABILITY Hidayatul Ihsan 287 ,Padang State Polytechnic, Indonesia Abstract This paper aims to explore the major themes that constitute the basis of the discussion on accountability in awqaf institutions. In doing this, the theoretical underpinnings and the existing empirical investigations relating to waqf accounting and accountability are examined. Review on waqf studies indicates the common phenomenon i.e. the absence of accounting standards for waqf. Nevertheless, this phenomenon could be due to there is no clear consensus about accountability. Due to previous waqf studies did not capture the dynamic aspect of stakeholders, this study suggest Mitchell, Agle and Wood MAW model to explain the nature of waqf stakeholders. By combining MAW model with Hayes accountability, this paper comes up with the proposal regarding what kind information should be provided by mutawalli to various waqf stakeholders. Keywords: waqf accounting, accountability, MAW model, Hayes accountability

1. Introduction

Perhaps, prior to the last decade there were not many academicians realized that waqf accounting deserved to be researched. Waqf plural awqaf subject was marginal and only attracted small number of students and researchers to investigate Hoexter, 1998; hence it is not surprising why waqf literature, including waqf accounting was hardly found. The absent of waqf accounting might be due to some reasons, but among other things is probably because many academicians thought that there was nothing to do with accounting for waqf. 287 Hidayatul Ihsan is a lecturer at accounting department, Padang State Polytechnic, Indonesia. He is currently pursuing his study at Ph.D program in the International Islamic University Malaysia IIUM. He can be contacted through e-mail address : hidayatul_im2yahoo.com 1585 The way of waqf is simple Rashid, 2008 hence accounting for waqf is regarded very basic besides it is not as complicated as accounting for Islamic banking and other Islamic financial institutions Muhammad 2008. Clearly, the development of waqf institutions in the last decade is not as rapid as the development of Islamic banking. While Islamic banking has attracted many researchers and scholars to investigate, waqf issue was left behind Ihsan and Shahul, 2007, Adnan, Maliah and Putri Nor Suad, 2007. It has been witnessed in the last few years that the revitalization of waqf institution has been on agenda of Muslim communities around the world. Plenty international waqf conferences 288 which were held by Islamic Development Bank IDB through its subsidiary organ the Islamic Research and Training Institute IRTI indicates a growing interest and awareness in waqf institutions as one of the tools for community development Cajee, 2008. Along with the revival of this historic institution, the attention to the call for waqf accounting had been emerged. The new and modern waqf management has put greater emphasize on the principles of accountability and transparency Cajee, 2008. Thus, as part of good governance and best practices of awqaf institutions, accounting is believed can improve the accountability and transparency of the mutawalli 289 Adnan et al., 2007. Besides, accounting 288 Recently, there were a number of waqf conferences held by IRTI i.e. in Singapore 2007, Bangladesh 2007, South Africa 2007, Dubai 2008, Iran 2008 and some other countries. 289 Mutawalli is waqf manager, sometimes also called nazeer 1586 is a tool for mutawalli to discharge his accountability to many parties such as wāqif 290 , waqf board, government and community in large Ihsan and Shahul, 2007. Studies on accounting practices in waqf institutions indicate there is diversity with regard to accounting and reporting of waqf see Abdul Rahim et al., 1999; Siti Rokyah, 2005; Hisham, 2006 and Ihsan, 2007. Ihsan 2007 believes that the phenomenon of dissimilarity of accounting practices among awqaf institutions is due to the absence of accounting standards for waqf. In addition, Ihsan found that the perception of mutawalli regarding responsibility and accountability influence the way of awqaf institutions produce and disseminate accounting information. This is an interesting finding when Cordery and Morley 2005 also assert that the uncertainty over accounting practices in charitable sectors and other not-for profit organizations is not only due to the absence of accounting standards but also because the failure to establish a widely agreed definition of accountability for that sector. In the awqaf context, although Hisham β006 and Ihsan β007 agree that Shahul‘s proposal of dual accountability is more appropriate for waqf, it requires further explanation as to whether it can be implemented and measured. Indeed, defining accountability is essential as it is deemed critical to regulatory functioning Cordery and Morley, 2005. While Cutt and 290 Wāqif is waqf founder 1587 Murray 2000 state that accountability is a foundation of performance measurement, evaluation and reporting. Further, Lewis 2006 believes that accountability is a central theme in Islam since the accountability to Allāh and the community is paramount to a εuslim‘s faith. As asserted by Askary and Clarke 1997, the word hisab which is interrelated with account and accountable is repeated more then eight times in different verses in the Qur‘an. Therefore this paper aims to explore the major themes that constitute the basis of the discussion on accountability in awqaf institutions. In doing this, the theoretical underpinnings and the existing empirical investigations relating to waqf accounting and accountability are examined. To begin the discussion, the development of waqf studies in general will be highlighted. It will be followed by the review of studies on waqf accounting in the recent years. The discourse about accountability construction in awqaf is presented before the conclusion.

2. Waqf studies as the key driver towards awqaf revitalization

In Islam, waqf is one of the principle means to alleviate the poverty problem in the society besides zakat compulsory charity and sadaqah optional charity. Kahf 2003 defines waqf as ―…holding certain property and preserving it for the confined benefit of philanthropy and prohibiting any use or disposition of it outside its specific objective‖. Waqf can be an effective system for poverty alleviation by improving non-income aspect such as health, 1588 education etc as well as increasing access to physical facilities, resources and employment Sadeq, 2002. Therefore, waqf activities became part of εuslim‘s life in the past. Ironically, in the last one or two decades the non-Muslim scholars had paid more attention to waqf study than Muslim scholars. It is evidenced by the inclusion of waqf subject into the M.A and B.A curricula in some universities which have specialization in Islamic history and culture Hoexter, 1998. Some masters and PhD research on waqf were undertaken in western universities see for example Deguilhem-Schoem, 1986; Christoffersen, 1997. Even the first international seminar on waqf which was held in Jerusalem in 1979 was organized by non-Muslim scholars. At the mean time, waqf study in Muslim countries or majority Muslim population was not progressing very well. This is indicated by Rashid 2008 when he traced waqf literatures which had been produced during the last 30 years from 1977 to 2007 in five countries i.e. India, Pakistan, Bangladesh, Malaysia, and Indonesia. The type of waqf materials being reviewed were books, published papers, PhD thesis, masters dissertations, newspapersmagazines, seminar proceedings, book reviews, reports and on-line materials. From his research Rashid found only 306 waqf materials had been produced during that time in the above-mentioned countries. Although this finding did not represent all Muslim countries, to some extent it implies that waqf literatures are still limited and hardly found. As a matter of