Whilst I would like an explanation as to why the valuation we expected was not done there are things to consider as to why it might not be what many expect. The lease and its value are fundamental to the accounts and audit as are the terms and conditions of the bond
The auditors from a professional/technical angle would have had to assess the lease value, from various directions
- the risk it posed at the planning stage, which sets the level of work done - be hard to make a case that the lease and security of bond was low risk so would necessitate a greater level of investigation
- the understanding of the entity
- the public interest in the stadium
- the local and national government interest in the stadium
- the governing body financial requirements
- the compliance with regulation including security terms
- the assumptions underlying the valuation in 2015
- the valuation itself
- whether a new valuation is required
- the threat to going concern both in terms of payment and compliance
- the future plans of the business
- the ability to pay interest and the ability to repay
- the risk of the bonds being called in early
- their own compliance procedures
- the final risk analysis
- the audit team and then partner review and finalisation
Bottom line after all that the statutory auditor signed off the accounts with no qualification or emphasis of matter (pointing to explanations in accounts) or reservations on going concern. Hard to think after all the above that there was just a simple error and it wasn't looked at
Then the bond trustee has a duty to ensure the safety of the bondholders investment. This will include many of the points above but in particular whether the bond trustee is satisfied that the covenants have been met as expected. To do otherwise or to accept something that isn't leaves the bond trustees open to negligence claims should the bond fail. Again I do not find such omissions likely, possible yes but not very likely.
So at the moment whilst I was expecting a valuation at 30/06/2016, and I do question that, I have to accept that those charged with investigating the finances (auditors & bond trustees) are satisfied that there is no error or omission and that the value of the lease sufficiently underpins the bond issue and that the covenants have been met - that on the face of it no formal valuation was required 30/06/16. They are of course in a far more informed position than any of us. Unless there is evidence that the auditors & bondholders have not done their jobs properly - and I see none, I see only claims on internet / media.
Here is a thought, perhaps the bond trustee got one done, but it was addressed to the bond trustee so could not be formally disclosed in the Wasps accounts even if Wasps paid for it - it would however help allow the directors to make their assumption on value. Just a thought nothing more
The alternative is that there is collusion between Wasps directors, the auditors and the bond holder trustees that prejudices the rights of the bond holders - not something I give any credence to at all. Mistakes can happen of course - but have they in this case? nothing says there have been, the supposed breach is based on an interpretation of a paragraph it is most likely not the full story.
Just because Wasps choose not to explain further doesn't make them wrong. I do myself find it hard to square what was said in the prospectus with the 2016 accounts but perhaps the prospectus statement could be seen to be ambiguous. It may also be the case that the directors and auditors have been in correspondence with the bond trustees and have their permission or agreement not to value again a year later. Wasps have no duty to explain to us further no matter how much we question
People need to be careful in making statements like
"Wasps finally respond to our exclusive in a friendly paper & totally
avoid Q&A on why they breached agreement on Ricoh valuation.."
Could be seen as damaging a business unless it is absolutely certain they did (and right now personally I am not certain), and damaging the reputation of the auditor and bond trustee ....... would also seem Wasps are not interested in talking to certain members of the media but put your own spin or PR on that bit
Could be simply put to bed with a clear statement couldn't it ?...................