OCC 2005-21 OCC Bulletin Subject: Interagency Advisory on the Unsafe and Unsound Use of Limitation of Liability Provisions and Certain Alternative Dispute Resolution Provisions in External Audit Engagement Letters Description: Request for Comment Date: May 10, 2005 TO: Chief Executive Officers of All National Banks, Department and Division Heads, and All Examining Personnel The Federal Financial Institutions Examination Council (FFIEC), on behalf of the Office of Thrift Supervision; the Board of Governors of the Federal Reserve System; the Federal Deposit Insurance Corporation; the National Credit Union Administration; and the Office of the Comptroller of the Currency (OCC) (collectively, the agencies), is seeking public comment on the attached "Interagency Advisory on the Unsafe and Unsound Use of Limitation of Liability Provisions and Certain Alternative Dispute Resolution Provisions in External Audit Engagement Letters." The purpose of the advisory is to alert financial institutions to the safety and soundness implications of provisions that limit the external auditor's liability in a financial statement audit. The guidance would apply to all financial institutions, regardless of size, whether or not the financial institution is a public company, or whether the external audit is required or voluntary. All interested parties are invited to submit written comments to the FFIEC. All comments, which will be shared among the agencies, will be accepted on or before June 9. For further information, please contact your OCC district accountant or the OCC's Chief Accountant's office at (202) 874- 5180. Zane D. Blackburn Chief Accountant Attachment: 70 FR 24576 [http://www.occ.treas.gov/fr/fedregister/70fr24576.pdf]