What Is an Auditor’s Opinion?

An auditor’s opinion is a certification that accompanies financial statements. It is based on an audit of the procedures and records used to produce the statements and delivers an opinion as to whether material misstatements exist in the financial statements. An auditor’s opinion may also be called an accountant’s opinion.

Understanding Auditor’s Opinions

An auditor’s opinion is presented in an auditor’s report. The audit report begins with an introductory section outlining the responsibility of management and the responsibility of the audit firm. The second section identifies the financial statements on which the auditor’s opinion is given. A third section outlines the auditor’s opinion on the financial statements. Although it is not found in all audit reports, a fourth section may be presented as a further explanation regarding a qualified opinion or an adverse opinion.

For audits of companies in the United States, the opinion may be an unqualified opinion in accordance with generally accepted accounting principles (GAAP), a qualified opinion, or an adverse opinion. The audit is performed by an accountant who is independent of the company being audited.

Unqualified Opinion Audit

An unqualified opinion is also known as a clean opinion. The auditor reports an unqualified opinion if the financial statements are presumed to be free from material misstatements. In addition, an unqualified opinion is given over the internal controls of an entity if management has claimed responsibility for its establishment and maintenance, and the auditor has performed fieldwork to test its effectiveness.

Qualified Audit

A qualified opinion is given when a company’s financial records have not followed GAAP in all financial transactions. Although the wording of a qualified opinion is very similar to an unqualified opinion, the auditor provides an additional paragraph including deviations from GAAP in the financial statements and points out why the auditor report is not unqualified.

A qualified opinion may be given due to either a limitation in the scope of the audit or an accounting method that did not follow GAAP. However, the deviation from GAAP is not pervasive and does not misstate the financial position of the company as a whole.

Adverse Opinion

The most unfavorable opinion a business may receive is an adverse opinion. An adverse opinion indicates financial records are not in accordance with GAAP and contain grossly material and pervasive misstatements. An adverse opinion may be an indicator of fraud. Investors, lenders, and other financial institutions do not typically accept financial statements with adverse opinions as part of their debt covenants.

Disclaimer of Opinion

In the event that the auditor is unable to complete the audit report due to the absence of financial records or insufficient cooperation from management, the auditor issues a disclaimer of opinion. This is referred to as a scope limitation and is an indication that no opinion over the financial statements was able to be determined. A disclaimer of opinion is not an opinion itself.

What Is Accrue?

To accrue means to accumulate over time—most commonly used when referring to the interest, income, or expenses of an individual or business. Interest in a savings account, for example, accrues over time, such that the total amount in that account grows. The term accrue is often related to accrual accounting, which has become the standard accounting practice for most companies.

How Accrue Works

When something financial accrues, it essentially builds up to be paid or received in a future period. Both assets and liabilities can accrue over time. The term “accrue,” when related to finance, is synonymous with an “accrual” under the accounting method outlined by Generally Accepted Accounting Principles (GAAP) and International Financial Reporting Standards (IFRS).

An accrual is an accounting adjustment used to track and record revenues that have been earned but not received, or expenses that have been incurred but not paid. Think of accrued entries as the opposite of unearned entries—with accrued entries, the corresponding financial event has already taken place but payment has not been made or received.

Accepted and mandatory accruals are decided by the Financial Accounting Standards Board (FASB), which controls interpretations of GAAP. Accruals can include accounts payable, accounts receivable, goodwill, future tax liability, and future interest expense. 

Special Considerations

The accrual accounting procedure measures the performance and position of a company by recognizing economic events regardless of when cash transactions occur, giving a better picture of the company’s financial health and causing asset or liability adjustments to “build up” over time.

This is in contrast to the cash method of accounting where revenues and expenses are recorded when the funds are actually paid or received, leaving out revenue based on credit and future liabilities. Cash-based accounting does not require adjustments.

While some very small or new businesses use cash accounting, companies normally prefer the accrual accounting method. Accrual accounting gives a far better picture of a company’s financial situation than cost accounting because it records not only the company’s current finances but also future transactions.

If a company sold $100 worth of product on credit in January, for example, it would want to record that $100 in January under the accrual accounting method rather than wait until the cash is actually received, which may take months or may even become a bad debt.

Types of Accrues

 All accruals fall into one of two categories—either revenue or expense accrual.

Accrued Revenue

Revenue accruals represent income or assets (including non-cash-based ones) yet to be received. These accruals occur when a good or service has been sold by a company, but the payment for it has not been made by the customer. Companies with large amounts of credit card transactions usually have high levels of accounts receivable and high levels of accrued revenue.

Assume that Company ABC hires Consulting Firm XYZ to help on a project that is estimated to take three months to complete. The fee for this job is $150,000, to be paid upon completion. While ABC owes XYZ $50,000 after each monthly milestone, the total fee accrues over the duration of the project instead of being paid in installments.

Accrued Expense

Whenever a business recognizes an expense before it is actually paid, it can make an accrual entry in its general ledger. The expense may also be listed as accrued in the balance sheet and charged against income in the income statement. Common types of accrued expense include:

• Interest expense accruals—these occur when a owes monthly interest on debt prior to receiving the monthly invoice.
• Supplier accruals—these happen if a company receives a good or service from a supplier on credit and plans to pay the supplier at a later date.
• Wage or salary accruals—these expenses happen when a company pays employees prior to the end of the month for a full month of work.

Interest, taxes and other payments sometimes need to be put into accrued entries whenever unpaid obligations should be recognized in the financial statements. Otherwise, the operating expenses for a certain period might be understated, which would result in net income being overstated.

Salaries are accrued whenever a workweek does not neatly correspond with monthly financial reports and payroll. For example, a payroll date may fall on Jan. 28. If employees have to work on January 29, 30, or 31, those workdays still count toward the January operating expenses. Current payroll has not yet accounted for those salary expenses, so an accrued salary account is used.

There are different rationales for accruing specific expenses. The general purpose of an accrual account is to match expenses with the accounting period during which they were incurred. Accrued expenses are also effective in predicting the amount of expenses the company can expect to see in the future.

What Is Adjustable Life Insurance?

Adjustable life insurance is a hybrid of term life and whole life insurance that allows policyholders the option to adjust policy features, including the period of protection, face amount, premiums, and length of the premium payment period.

Adjustable life policies also incorporate an interest-bearing savings component, known as a “cash value” account.

Understanding Adjustable Life Insurance

Adjustable life insurance differs from other life insurance products in that there is no requirement to cancel or purchase additional policies as the insured’s circumstances change. It is attractive to those who want the protection and cash value benefits of permanent life insurance yet need or want some flexibility with policy features.

Using the ability to modify premium payments and face amounts, policyholders may customize their coverage as their lives change. For example, a policyholder may want to increase the face amount upon getting married and having children. An unemployed person may want to reduce premiums to accommodate a restricted budget.

As with other permanent life insurance, adjustable life insurance has a savings component that earns cash value interest, usually at a guaranteed rate. Policyholders are permitted to make changes to critical features of their policy within limits. They may increase or decrease the premium, increase or decrease the face amount, extend or shorten the guaranteed protection period, and extend or shorten the premium payment period.

Adjustments to the policy will alter the guaranteed period of the interest rate, and changes in the length of the guarantee will change the cash value schedule. Decreasing the face amount is done upon request or in writing. However, increasing the face amount may require additional underwriting, with substantial increases requiring full medical underwriting.

Factors That Can Be Adjusted

Three factors can be changed in an adjustable life insurance policy. These are the premium, cash value, and death benefit. All three elements can be adjusted because this policy is a permanent life insurance policy and does not expire, like a term life policy.

Premiums can be changed by frequency or amount of payments, as long as you pay above the minimum cost. The policy’s cash value can be increased by upping your premium payments. You can decrease your cash amount if you withdraw funds or use the cash in the policy to pay the premiums.

Finally, you can adjust your death benefit by decreasing or adding to the amount. If you decide to add a significant amount to the death benefit due to a life event like the birth of a child, your premiums may go up based on the new benefit amount. In some cases, your policy will have to undergo additional underwriting.

Advantages and Disadvantages of Adjustable Life Insurance

Adjustable life insurance gives policyholders more flexibility than term life insurance, but it is more expensive than a simple 20- or 30-year term policy. If you plan on using adjustable life insurance as an investment vehicle, you may be better off with a tool that earns more interest. Adjustable life insurance only provides modest amounts of interest growth.

Guidelines for Life Insurance Policies and Riders

Internal Revenue Code (IRC) Section 7702 defines the characteristics of and guidelines for life insurance policies. Subsection C of this section provides guidelines for premium payments. The policyholder may not adjust the premiums in a manner that violates these guidelines. Increasing premiums may also increase the face amount to the point that it requires evidence of insurability.

However, many life insurers set parameters to prevent violations. Adjustable life insurance policies typically have optional riders. Familiar ones include the waiver of premium and accidental death and dismemberment riders.

The Bottom Line

Adjustable life policies provide the flexibility that most traditional policies do not. However, the frequency of allowable adjustments is restricted within set time frames. Requests must be made within an allotted period and meet the guidelines set by the insurer.

The variability in adjustments can create a policy that mirrors either term life insurance or whole life insurance. Effectively, adjustable life insurance policies allow policyholders to customize their life insurance to meet current or anticipated needs.

As with any kind of permanent policy, it’s critical to research every firm that’s being considered to ensure that they’re among the best life insurance companies currently operating.

What Is an Adhesion Contract?

An adhesion contract is an agreement where one party has substantially more power than the other in setting the terms of the contract. For a contract of adhesion to exist, the offeror must supply a customer with standard terms and conditions that are identical to those offered to other customers. Those terms and conditions are non-negotiable, meaning the weaker party in the contract must agree to the contract as it is rather than requesting clauses be added, removed, or changed. Adhesion contracts may also be referred to as boilerplate contracts or standard contracts.

Understanding Adhesion Contracts

Adhesion contracts are often used for insurance, leases, vehicle purchases, mortgages, and other transactions where there will be a high volume of customers who will all fall under some standard form of agreement. In an insurance contract, the company and its agent have the power to draft the contract, while the potential policyholder only has the right of refusal; the customer cannot counter the offer or create a new contract to which the insurer can agree. It is important to read over an adhesion contract carefully, as all the information and rules have been written by the other party.

Adhesion contracts are usually enforceable in the United States thanks to the Uniform Commercial Code (UCC). The UCC helps to ensure that commercial transactions are taking place under a similar set of laws across the country. Although the UCC is followed by most American states, it has not been fully adopted by some jurisdictions like American Samoa and Puerto Rico. Louisiana stands alone among the 50 states in that it has only adopted parts of the UCC. The UCC has specific provisions relating to adhesion contracts for the sale or lease of goods. Contracts of adhesion are, however, subject additional scrutiny and interpretation under state law.

History of Adhesion Contracts

Adhesion contracts originated as a concept in French civil law, but did not enter American jurisprudence until the Harvard Law Review published an influential article on the subject by Edwin W. Patterson in 1919. Subsequently, most American courts adopted the concept, helped in large part by a Supreme Court of California case that endorsed adhesion analysis in 1962. 

As with most aspects of contract law, the legality and enforceability of adhesion contracts has been formed over time. The case law and interpretation may vary from state to state, but it is generally agreed that adhesion contracts are an efficient way to handle standardized transactions. Using adhesion contracts saves companies and customers time and money in terms of legal counsel when they are done properly. However, the law around adhesion contracts is always evolving. For example, digital adhesion contracts signed online have been challenged in court for burying clauses or making it difficult to read certain clauses, so a digital adhesion contract must now be as close to a paper contract as possible.

Enforceability of Adhesion Contracts

For a contract to be treated as an adhesion contract, it must be presented as a “take it or leave it” deal, giving one party no ability to negotiate because of their unequal bargaining position. Adhesion contracts are subject to scrutiny, though, and that scrutiny usually comes in one of two forms.

Courts have traditionally used the doctrine of reasonable expectations to test whether an adhesion contract is enforceable. Under this doctrine, specific parts of an adhesion contract or the whole contract may be deemed unenforceable if the contract terms go beyond what the weaker party would have reasonably expected. Whether a contract is reasonable in its expectations depends on the prominence of the terms, the purpose of the terms, and the circumstances surrounding acceptance of the contract.

The doctrine of unconscionability has also been used in contract law to challenge certain adhesion contracts. Unconscionability is a fact-specific doctrine arising from the same equitable principles—specifically the idea of bargaining in good faith. Unconscionability in adhesion contracts usually comes up if there is an absence of meaningful choice on the part of one party due to one-sided contract provisions combined with unreasonably oppressive terms that no one would or should accept. Simply put, if the contract is exceptionally unfair to the signing party, it can be declared unenforceable in court.

The doctrine of unconscionability shifts the focus from what the customer might reasonably expect to the motive of the supplier. Unconscionability is easier to argue if the supplier is making a significant profit from the agreement, especially if the amount of profit is in some way tied to the weaker party’s lack of bargaining power. Some legal experts have pushed back on this approach as it has implications in terms of the freedom of contract—the legal concept that people can freely determine the provisions of a contract without government interference.