Section 5511Part 5

Loans and Guarantees

Introduction

5511.1 Firms are required to comply with the fundamental principles, be independent and apply the conceptual framework set out in Section 5120Section 5120 to identify, evaluate and address threats to independence. 5511.2 A loan or a guarantee of a loan with a sustainability assurance client might create a self-interest threat. This section sets out specific requirements and application material relevant to applying the conceptual framework in such circumstances.

Requirements and Application Material

General

5511.3 A1 This section contains references to the “materiality” of a loan or guarantee. In determining whether such a loan or guarantee is material to an individual, the combined net worth of the individual and the individual’s immediate family members may be taken into account.

Loans and Guarantees with a Sustainability Assurance Client

R5511.4

A firm, a network firm, a sustainability assurance team member, or any of that individual’s immediate family shall not make or guarantee a loan to a sustainability assurance client unless the loan or guarantee is immaterial to:

(a)

The firm, the network firm or the individual making the loan or guarantee, as applicable; and

(b)

The client. Loans and Guarantees with a Sustainability Assurance Client that is a Bank or Similar Institution R5511.5 A firm, a network firm, a sustainability assurance team member, or any of that individual’s immediate family shall not accept a loan, or a guarantee of a loan, from a sustainability assurance client that is a bank or a similar institution unless the loan or guarantee is made under normal lending procedures, terms and conditions. 5511.5 A1 Examples of loans include mortgages, bank overdrafts, car loans, and credit card balances. 5511.5 A2 Even if a firm or network firm receives a loan from a sustainability assurance client that is a bank or similar institution under normal lending procedures, terms and conditions, the loan might create a self-interest threat if it is material to the sustainability assurance client or firm receiving the loan. 5511.5 A3 An example of an action that might be a safeguard to address such a self-interest threat is having the work reviewed by an appropriate reviewer, who is not a sustainability assurance team member, from a network firm that is not a beneficiary of the loan.

Deposits or Brokerage Accounts

R5511.6

A firm, a network firm, a sustainability assurance team member, or any of that individual’s immediate family shall not have deposits or a brokerage account with a sustainability assurance client that is a bank, broker or similar institution, unless the deposit or account is held under normal commercial terms.

Loans and Guarantees with a Sustainability Assurance Client that is Not a Bank or Similar Institution

R5511.7 A firm, a network firm, a sustainability assurance team member, or any of that individual’s immediate family shall not accept a loan from, or have a borrowing guaranteed by, a sustainability assurance client that is not a bank or similar institution, unless the loan or guarantee is immaterial to:

(a)

The firm, the network firm, or the individual receiving the loan or guarantee, as applicable; and

(b)

The client.