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XYZ-LTD




BUDGETARY CONTROL
                     Part 1of Budget Policy
                                    Milton
                                   1/30/2012




1   Accounting Policies| XYZ-Ltd
3                                     Budgetary Control

3.1           Introduction


3.1.1.1       Within the Law Firm, the Budget is an instrument by which the XYZ Ltd expresses its
              priorities and allocates resources to implement its policies. The Budget is a tool by which
              planned expenditures are controlled, at all branches of XYZ Ltd, including spending
              units/practice areas.

3.1.1.2       The Budget applies to the projected revenues, capital revenue, and partner’s injections.

3.1.1.3       Sichangi Partners Advocate branches, units and practice areas are required annually to
              present to the EXCOM, projection of estimated receipts and expenditure for the
              forthcoming financial year. This is referred to as the Annual Budget projection statement.
              This statement indicates separately the sums required to meet expenditure charged by
              Sichangi Partner branches, units and practice areas.

3.1.1.4       The budgeting cycle consists of six phases broadly categorized as follows:
                     Setting of budget policy and initiatives: the EXCOM meets to determine budget
                      policy, initiatives and priorities. These are then communicated to branches via
                      Partner in Charge, of Branches and units through the Finance Department for
                      XYZ Ltd.
                     Preparation: this stage includes the preparation and submission of budget
                      estimates of expenditure and receipts by branches, units and practice areas
                      (entities) and subsequent review and consolidation of estimates by the
                      Accounting Department.
                     Authorisation: this stage involves submission of the Master Budget Statement
                      before the EXCOM. This consists of two stages; approval by the EXCOM, and
                      authentication by the CEO. The approved budget is referred to as the
                      ‘Authorized Expenditure’.
                     Implementation: this stage refers to the communication of the budgets to the
                      spending branches, units and practice areas through the Finance Department. On
                      implementation of the Budget, the branches, units, practice areas (entity) can
                      carry out activities and incur expenditure, for which funding has been given in
                      that period.
                     Reporting and Monitoring: actual revenues and expenditures (including
                      commitments) are recorded and reported to monitor progress against budget
                      throughout the financial year. Reporting assists management
                      in decision making and in particular re-allocation of funds where required. This
                      includes the provision of both internal and external reports.
                     Review: the periodical review of financial performance and the achievement of
                      policy objectives by spending entities and external authorized persons. This
                      includes audit activities and review by Accounting and Audit Committee. At
                      year end outstanding commitments are reviewed and budget provision (through
                      supplementary funds) made for the following year. For Revised Budget
                      Estimates see 3.3.5.3 and 3.3.13




Budgeting Policies- Final Copy/Jan 2012                                                          Page 2
3.1.1.5                      The budgetary cycle is represented in the following diagram.




Overview of the Sichangi Partners, Budgetary Cycle




Note:
** Cash Budget Exempt**

                                                   Preparation



            Policy Setting                                                            Authorisation




                   Review                                                            Implementation




                                            Reporting and Monitoring




Budgeting Policies- Final Copy/Jan 2012                                                      Page 3
3.2           General Policies

3.2.1         Responsibilities for budgeting

3.2.1.1       Spending branches, units and practice areas are responsible for the preparation of their
              own budget estimates. In each branch there is an accountant who is under the
              administrative control of the Finance Department. This Accountant/Accounts assistant
              guides the preparation of estimates by spending (entities) branch/Units and co-ordinates
              the budget with the Finance Department and various other teams as required throughout
              the budget cycle.

3.2.1.2       A number of Sichangi Partners Advocate teams (entities) provide support during the
              budget process. These include various committees responsible for the review and
              approval of budget proposals (as nominated from time to time by the CEO), including:
                  the Partner
                  the FINANCE OFFICER
                  the SCASS Governance Resource

3.2.2         General budget classifications

3.2.2.1       The estimates provided in the Master Budget Projection Statement must be shown in
              accordance with financial accounting reporting standard requirements. Under the
              financial reporting standard the budget estimates must show separately:
                   The sums required to meet expenditure charged upon the Law Firm Revenue
                      Fund (refer to Direction 3.4.2.1. for a list of items included as charged
                      expenditures)
                   The sums required to meet other expenditure, other than charged, proposed to
                      be made from the same revenue and capital funds.

3.2.2.2       Within these overall requirements, spending branches/units and practice areas are
              required to submit budget estimates in prescribed classifications. On the expenditure
              side, separate estimates are prepared for current and investment expenditures. Separate
              forecasts are also prepared for receipts. The classification of current and investment
              needs to be sub -classified into their Kenya Shillings and Foreign Exchange components
              both denominated in Kenya Shillings.

3.2.2.3       Non-Investment expenditures refer to the on-going administrative Operations (recurrent)
              within branches, units and practice areas, in fulfilling its policy objectives. These include
              salaries and allowances of Partners, Associates, Legal Assistants, and paralegal staffs.

              There are two types of recurrent budget; permanent and temporary:
                  Permanent budget: these are recurrent expenditures that have previously been
                      approved and are continuing. These include permanent staffing establishments,
                      travelling, fixed allowances and contingent expenditure. This is submitted as the
                      ‘Part I’ budget
                  Temporary budget: these are new items of recurrent expenditure such as
                      temporary additions to existing establishments or services that have either
                      continued on from year to year on a temporary basis or have been newly
                      sanctioned and not included in the current year’s budget. This is submitted as
                      the ‘New Items Statement’ (NIS) or ‘Part II’ budget.


Budgeting Policies- Final Copy/Jan 2012                                                            Page 4
3.2.2.4       Investment Expenditure refers to activities conducted and managed distinctly as the law
              firm business initiatives, with finite start and end dates and clearly specified deliverables.
              Investment Initiatives typically involve the construction or improvement of physical
              assets or the development of human resources. Investment Initiatives are submitted as
              ‘New Item Statements’. Investment budgets should have a flow-on effect to the recurrent
              budget. When a Investment Initiative is completed it should result in new items of
              recurrent expenditure, such as salaries, maintenance and utilities.

3.2.2.5       Forecasts (Projection) of revenue shall be prepared by those entities responsible for
              administration of those revenues. This includes Finance Department, and Unit areas
              (entities) within Sichangi Partners Advocate Branches.

3.2.3         Method of budgeting

3.2.3.1       The method used by Branches and Units for preparing budget estimates will be
              determined by the Finance Department. Irrespective of the type of expenditure or
              method of budgeting used, the estimates provided to the Finance Department must be
              fully substantiated.

3.2.3.2       Branches and their subordinate spending Units (entities0 should frame their budgets
              according to planned outcomes and not inputs. For example, Branches should first
              consider what outcomes it wishes to achieve against a particular Service Line/ Practice
              Area or Unit, rather than how many new staff it wishes to employ. Investment and
              recurrent budget estimates should be considered jointly, in order to determine whether
              the planed outcomes of the entity (and those of the law firm as a whole), can be met.

3.2.3.3       Estimates of expenditure are to be provided on a cash basis, that is, expenditure incurred
              when payment is made within the financial year. This is consistent with the accounting
              policy for the recognition of expenditure.

3.2.3.4       Forecasts of revenue are to be prepared on a cash basis, that is, based on what can
              reasonably be expected to be paid and collected in the financial year. This will be
              calculated from prior year collection figures, adjusted for changes in revenue collection
              policy. The forecasts will be provided in gross amounts (e.g. revenues will not be shown
              net of any related costs). This is also consistent with the related accounting policy for the
              recognition of revenues.

3.2.4         Master Budget format

3.2.4.1       The format by which budget estimates are to be submitted, consolidated and ultimately
              presented before the EXCOM and to Partners In charge will be the same, as determined
              by Finance Department, in consultation with the respective branch.

3.2.4.2       The budget will be compiled to be consistent with the Chart of Accounts specifications.




Budgeting Policies- Final Copy/Jan 2012                                                             Page 5
3.3           Detailed Procedures

3.3.1         Introduction

3.3.1.1       This section describes steps to be followed in the budgetary procedure, based on the
              components of the budgetary cycle as outlined in the Introduction (Direction 3.1.1.4).

3.3.1.2       These procedures refer to the budgeting process in general and, unless otherwise
              specified are applicable to all spending entities. Branches and units will ensure
              procedures for the collections of subsidiary details and the preparation and scrutiny of
              budget estimates are laid down in regulations of the law firm branches and units.

3.3.1.3       From time to time the Accounting Department will issue orders pertaining to budgetary
              procedures. These include specific orders for a financial year or a particular class of
              expenditure. Such instructions are to be followed in conjunction with the procedures
              contained in this Manual.

3.3.1.4       The following key controls are essential to the budgeting process:
                   all budget estimates for a branch or unit must be reviewed and signed off by the
                      Partner In charge before it is submitted to the Finance Department
                   all budget estimates for a branch or unit must be approved and signed off as
                      evidence by the Partner In Charge before it is submitted to the Finance
                      Department
                   budget estimates and supporting schedules must be prepared in a prescribed
                      format
                   the budgets must be authorised by the EXCOM
                   authorised budgets must be communicated to the FINANCE OFFICER so that a
                      complete record is maintained for verification and authorisation of payment
                   the Finance Department must communicate the authorized budgets to the
                      spending branches and units through release letters
                   The Branch Accountant/ Assistants for each entity (branch/units) must monitor
                      actual transactions against budget.




Budgeting Policies- Final Copy/Jan 2012                                                        Page 6
3.3.2                  Budgeting procedure – overview



             Expenditure Branch/Units                                        Revenue Collection
        Prepare
        Estimate:                    Prepare                            Prepare
                                                                                                         Prepare
        Permanent                    Estimate:                          Estimate:
                                                                                                         Preliminary Est.:
                                     Temporary                          Investment
                                                                                                         Revenue

   BAA
        Examine Current              Examine Current                    Examine
        Estimate                     Estimate                                                            Examine
                                                                        Investment
                                                                                                         Revenue
                                                                        Estimate
                                                                                                         Estimate


   Approved:
   Finance Officer Submit Budget
                   Order                                                Submit New Item                 Submit
                                                                        Statements                      Preliminary Final
                                                                                                        Revenue
                                                                                                        Estimate




                                                                                   Determine Size
                                                                                   of Investment to
                                                                                   take




                  Review Current
                                                               Review
                  Estimate- BMPs                                                                      Review Final
                                                               Investment
                                                               Priorities- BMPs                       Revenue
                                                                                                      Estimate- BMPs




                 Prepare
                                                             Prepare Expenditure                 Prepare Consolidated
                 Expenditure on                                                                  Estimates of Revenues
                 Revenue                                     on capital Account
                                                                                                 (Receipt)




                                        The Budget- Custody of Partner In charge of Finance

                                                   Scheduled for Authorization




Update
Accounting and            FO       Communicate Budget to         EXCOM                    Approval: EXCOM
Funds Control                      Branches/Units                                         Authenticated: Partners




   Budgeting Policies- Final Copy/Jan 2012                                                                                   Page 7
3.3.3         Policy setting and issue of Budget Circular

3.3.3.1       Each year, the EXCOM must meet and set out the budget policy, including new
              initiatives, targets and priorities. The budget policy will establish the planned surplus or
              deficit, with underlying assumptions on economic growth, inflation and other planning
              parameters.

3.3.3.2       After the EXCOM has set the budget policy, the Finance Department will prepare and
              issue the Budget Circulars. This document sets out the timetable in which budget
              estimates are to be provided by the spending branches /Units and any other relevant
              instructions to be followed.

3.3.3.3       The deadlines for submission of estimates shown in the following sections are Indicative
              only, as they will vary from year to year and between branches circumstances. In all cases
              the dates shown in the Budget Circular shall be adhered to.

3.3.4         Preparation of Recurrent Budget

3.3.4.1       After the Budget Circular is issued, the law firm branches and units shall prepare
              detailed estimates of their recurrent expenditure for the forthcoming financial year.

3.3.4.2       Investment budgets must be prepared on an integrated basis. Permanent and temporary
              budget estimates must not be prepared independently of one another.

3.3.4.3       Estimates of recurrent expenditure must show separately, within each budget:
                   ‘charged’ and ‘other than charged’ expenditure
                   Expenditure on revenue account and expenditure on capital account.

3.3.4.4       The Finance Officer must approve and sign off the budgets relevant to their entities.

3.3.4.5       For each spending unit (entity) within a branch, the levels at which recurrent estimates
              are to be submitted is as follows:
                    For each revenue stream, the revenue and units of appropriation
                    For each primary unit of appropriation, to the detailed levels of both function
                       and object heads

3.3.5         Preparation of Recurrent (permanent) budget

3.3.5.1       Estimates provided under the permanent budget, as defined in Direction

3.2.2.3,      Must only include items which have already been cleared by the Accounts/ Department.
              If an item appears in these estimates for the first time, it must be supported by a copy of
              the approval for continuation of that item on a permanent basis.

3.3.5.2       It should not be assumed that estimates provided under the permanent budget are fixed
              items. All the branches and units should review their overall establishment requirements
              and patterns of contingent expenditure to identify potential cost savings when preparing
              their budget.




Budgeting Policies- Final Copy/Jan 2012                                                           Page 8
3.3.5.3       In order to form the basis for the following year budget estimates, revised estimates must
              be prepared for the current financial year. Revised estimates should be determined in
              light of:
                   Actual for the first 3 months of the current financial year plus actual for the last 9
                        months of the previous financial year
                   commitments entered into and expected to be paid in the current financial year
                        12 months actual for the previous two years adjustments arising from:
                   Re-appropriations within particular revenue stream during the current financial
                        year
                   New items of expenditure approved through Supplementary Budget during the
                        current financial year surrenders made or expected to be made during the
                        current financial year.
                   Any other relevant factors
                   The impact of any investment and current expenditure factors.

3.3.5.4       Where the revised budget exceeds the projected revenue, the branches and units must
              indicate how the excess is proposed to be met and the delegated authority who
              authorised the increase.

3.3.5.5       Where the revised budget is less than the projected revenue by more than 5%, an
              explanation of the saving must be provided by the branch and units.

3.3.5.6       Budget estimates for the next financial year are then prepared for each detailed head
              (detailed function and object within each unit of appropriation). For permanent budgets,
              the following information must be provided at detailed head level:
                    Actual for the last financial year and budget variances for that year
                    Budget estimate for the current financial year
                    Revised estimate for the current financial year
                    Budget estimate for the forthcoming financial year.

3.3.5.7       From the information collected above, a statement will be prepared comparing the
              differences between:
                   Current year’s approved grant and the revised estimate
                   The budget estimate submitted for the current year and the estimate for next
                      year.

3.3.5.8       Budget estimates should be prepared to include subsidiary details in the prescribed form
              (e.g. Payrolls, calculation of allowances etc.), and made available for scrutiny by the
              Branch Partners, if requested.

3.3.5.9       Other relevant factors should also be considered in developing an estimate for after next
              year’s budget. These include the following:
                   Adjustment for expected inflation as provided, increase in salary costs and any
                      other planning assumptions provided in the budget call circular.
                   Known deferred liabilities, as recorded on the Liabilities Register, for the next
                      year.
                   Anticipated savings arising from productivity gains, and reduction or
                      termination of specific programs or initiatives.

3.3.5.10      Estimates relating to approved establishments, both permanent and temporary, should
              take into account provisions for leave, expected vacancies and allowances payable to


Budgeting Policies- Final Copy/Jan 2012                                                           Page 9
employees, based on past actual and other relevant factors. Substantiation must be
              provided for variations from the previous year’s establishment.
                  Posts which will not be filled must not be provided for. This includes provision
                     for staff on long-term transfer or leave.
                  Estimates of salaries must be supported by the number of posts against each
                     establishment, and an explanation of any variation between the next year and the
                     current year’s posts.

3.3.5.11      Lump sum provision in the budget must not be made unless in exceptional
              circumstances. For example, the use of ‘other’ expenditure heads should be avoided, in
              favor of more clearly defined heads.

3.3.5.12      Permanent budget estimates must be submitted by the (Branches and Units) concerned
              spending entities to the FINANCE OFFICER no later than 1 December each year.
              Subsequently the Budget pertaining to the permanent budget must be submitted to the
              Budget and Revenue Committee and copied to the FINANCE OFFICER, no later than 1
              January

3.3.5.13      The dates detailed are applicable unless otherwise notified by the
              CEO Office.




Budgeting Policies- Final Copy/Jan 2012                                                     Page 10
3.3.6         Preparation of non-development (temporary) budget

3.3.6.1       Temporary budget estimates, as defined in Direction 3.2.2.3, shall only be included in this
              section of the budget where already agreed with Finance Department. No scheme of
              fresh items can be included in the Budget unless it is complete and approved.

3.3.6.2       The requirements for preparation of revised estimates and excesses and surrenders as
              given in Directions 3.3.5.3 to 3.3.5.5 also apply to temporary budgets.

3.3.6.3       Temporary budget estimates must be submitted by the law firm branches and units
              (spending entities) to their respective branch partners in charge for examination no later
              than 1 December each year. Where clearance of fresh charge proposals is required by other
              branches or Head Office, it should be obtained prior to submission.

3.3.6.4       Temporary budget estimates must be submitted to the Finance Officer no later than 20th
              December each year. Subsequently the budget pertaining to the temporary budget must
              be submitted to the Budget and Revenue Committee with a copy to the FINANCE
              OFFICER no later than 1 February.

3.3.6.5       The comparative analysis of revised estimates with approved revenue and budget
              estimates for the current year and next year provided for in Direction 3.3.5.7 should also
              be submitted.

3.3.6.6       The dates detailed are applicable unless otherwise notified by the CEOs Office.

3.3.7         Preparation of Investment budget

3.3.7.1       Detailed procedures for the preparation, appraisal and approval of Investment Budget
              proposals are set out in the ‘Manual for Investment Budget Proposal’ issued by the PMB
              and are applicable to all branches and spending units. Investment Budget Proposal
              estimates must only be prepared for budgets approved in accordance with those
              procedures.

3.3.7.2       When branches and spending units submit their proposals to the PMB for the Annual
              Investment Budgeting Programme, a copy of this submission must be forwarded to the
              FINANCE OFFICER. This will include detailed estimates for specific Investment projects.

3.3.7.3       Estimates of development expenditure for each project/scheme must be furnished by
              spending entities to the Financial Advisor no later than 1 December each year. The
              following information for each project/scheme must be provided:
                    name of project/scheme
                    expected date of completion
                    physical targets to be achieved in the project
                    accumulated expenditure and percentage of completion up to the end of the
                      previous year
                    revised budget estimate and physical targets for the current financial year
                    budget estimate for next financial year
                    Targets proposed for next financial year and basis for determining target.

3.3.7.4       The level at which investment project budgets will be submitted is as follows:
                   Investment Capital Revenue within each capital expenditure


Budgeting Policies- Final Copy/Jan 2012                                                         Page 11
   At detailed function and object level for those heads pertaining to Investment
                      project expenditures within each primary unit of appropriation.

3.3.7.5       Branches and Units entities shall provide details of physical targets to be achieved by the
              investments, along with budget estimates.

3.3.7.6       If a proposed investment is new, and a budget estimate is submitted for the first time, it
              should be accompanied by copies of the relevant investment proposal and capital
              budgeting investment decision authorization documentation.

3.3.7.7       Proposals submitted to branches or units for expenditure(s) to be incurred under an
              investment project, shall be compiled by the same branch or unit and submitted to
              Accounting Department.

3.3.7.8       The Law Firm branches and units (Spending entities) must ensure that there is no
              overlap of budgets between individual investment projects or between investment and
              recurrent expenditures.
3.3.7.9       The local currency component of the investment estimate must be shown separately from
              the foreign currency component. In addition, these components of the investment budget
              are not interchangeable throughout any stage of the investment.

3.3.7.10      In relation to the estimate of joint venture investment, the following rules shall apply:
                    All joint venture, and subsidiaries in both capital and loans, shall be incorporated
                       into estimates of investment projects. Such estimates of joint ventures or
                       subsidiaries must first be cleared by the EXCOM
                    The foreign currency component of an investment project estimate must be
                       shown distinctly with the source and type of fund (e.g. Partner(s) Contribution,
                       loan etc). This information shall be provided in a separate statement to the
                       FINANCE OFFICER
                    Partner Contribution in the form of Assets, and legal expertise, where it is
                       utilized within the investment, shall be provided for in the local currency
                       component of the Investment estimate.

3.3.7.11      Once satisfied with these estimates, the branch Accountant (BAA) must obtain approval
              from the FINANCE OFFICER, who will sign off the budgets.

3.3.7.12      subsequently the estimates of Investment expenditure must be submitted to the Budget
              and Revenue Committee headed by the FINANCE OFFICER, in the form of a New Item
              Statement, no later than 20th December each year. The new item statement, countersigned
              by the delegated chair of PMB. This information should be shown in the budget book.

3.3.7.13      After submission to the Finance Department, a number of review processes must be
              initiated to establish the available resources for investment expenditure and examine
              demands of branch/Unit investments needs. The review of each project must be made in
              light of the following factors:
                    overall resource position (resources available from the Budget to finance the
                        Annual Investment)
                    Indentified priorities
                    phasing of Investment
                    status of Investment
                    availability of Capital or Funds
                    likelihood of completion in the forthcoming financial year

Budgeting Policies- Final Copy/Jan 2012                                                         Page 12
3.3.7.14         Cash Budget Preparation

3.3.7.15 Guidelines and General Policies
                 Cash Budgeting estimates shall be part of budgetary control prepared by the FINANCE OFFICER
                 /SA, showing how cash resources will be acquired and used over specific time period.

3.3.7.16 The cash Budget will project cash resource need in term of deficit and excess

3.3.7.17 The cash budget format will feature but not limited to the followings parameters
                      Receipt Section
                      Disbursement Section
                      Cash Excess or Cash Deficit
                      The Financing Section

3.3.7.18         The Cash Budget should be broken down into various times periods; monthly, Quarterly, Semi
                 Annually, and Yearly.
                      The Monthly Cash Budget will need to ready on the first day of the week of every month
                         end
                      The Quarterly Budget will be submitted on the last working day of every quarters
                      The Semi- Annual Cash Budget will submit on the last working day of at the end of this
                         period.
                      The Annual Cash Budget will be submitted on the last working day on the third week.

3.3.7.19         Cash Budget Report
                 Once a cash budget has been developed it will to be submitted to the Chief Operation Officer for
                 the presentation to the CEOs office.




Budgeting Policies- Final Copy/Jan 2012                                                                   Page 13
3.3.8         Preparation of receipt estimates

3.3.8.1       Estimates of receipts must be prepared by those authorities responsible for administering
              revenues. Preliminary revenue estimates must be submitted to the FINANCE OFFICER
              for scrutiny and forwarded to the Budget and Revenue Committee no later than 1
              December each year. This enables the overall resource position to be determined for
              financing of the operation of the law firm. Final estimates, with explanatory notes, shall
              be received by 1 March each year.


3.3.8.2       The authorities required to submit receipt estimates are the Partner In Charge with
              support from the BAA for branch revenue receipts, and equity and loan receipts.

3.3.9         Consolidation of budget data

3.3.9.1       After budget estimates have been reviewed by the BAA and approved by the FINANCE
              OFFICER , the demands for revenue stream for each branch and unit must be prepared
              and submitted, (along with the supporting Budget and New Item Statements) to the
              Budget and Revenue Committee.

3.3.9.2       The Accounting Department shall review and consolidate the demands for revenue
              streams projection submitted by the law firm branches and units. We recommend that
              the law firm adopt to capture, verify and consolidate the budget data.

3.3.9.3       The Accounting Department must review the consolidated estimates to ensure the
              Master Budget overall budget policy and objectives have been met, and make
              adjustments in consultation with Branch and Units Partners In charge in all required
              areas.

3.3.9.4       Upon completion of the consolidation and review process the final Master Budget
              documents will be produced, and presented to the EXCOM.

3.3.10        Authorisation

3.3.10.1      Budgets approved in procedures as detailed earlier must subsequently be set before the
              EXCOM for authorisation.

3.3.10.2      Authorised budgets must be recorded in the Schedule of Authorised Expenditure, with
              subsidiary information contained in the Details of Revenue sources and Appropriations
              annual publication (Recurrent and Investment expenditure).

3.3.11        Implementation

3.3.11.1      After the budget is authorised by the EXCOM, the Account Department must formally
              communicate the budgets, as set out in the Authorised Expenditure, to each branch,
              Units and to the Finance Department records.

3.3.11.2      A separate release letter (Circular) must be sent from the Finance Department to the
              Branches, and law firm units, with copies to the respective authorized person(s), to
              advise on the ( source of funds) funds made available against these budgets. The SA,
              must communicate this information to the BAAs in all the branches.

Budgeting Policies- Final Copy/Jan 2012                                                        Page 14
3.3.11.3      An appropriation ledger must be maintained by the Accounting Department to record
              the initial distributions of budgets made to the law firm branches and units (entities) and
              any subsequent adjustments made throughout the year.

3.3.11.4      It is the responsibility of the BAA to ensure the budgets applicable to his/her Branch or
              Unit are properly communicated to the various delegated officers in that entity. The
              BAAs will maintain a record of such this entities.

3.3.12        Reporting and monitoring

3.3.12.1      The BAAs of each branch and units is responsible for controlling expenditure from the
              available source of funds and will exercise this control through his/her delegated
              authorities.

3.3.12.2      At a transaction level, Drawing and Disbursing Agents must ensure claims for payment
              are properly prepared and duly approved, as per the Schedule of Authorised
              Expenditure, classified, and recorded according to the rules procedures for expenditures
              laid down in chapter 4 of this Accounting Manual.

3.3.12.3      No transaction exceeding the value of available source of funds can be passed for
              payment. However, if the claim is inevitably payable under legal contracts and
              insufficient funds exist, the demand for payment may be honoured. The disbursing
              Agent must report the matter to a delegated authority before approving the claim
              (Direction 3.3.12.7). In such circumstances the SA/FINANCE OFFICER     must take
              appropriate actions to find the extra funds for such payments.

3.3.12.4      Any Law Firms branch and units required to undertake work or incur expenditure on
              behalf of another is required to exercise proper budgetary control over the funds
              provided by the principal authority (Partner In charge). The branch and units (entity)
              incurring the expenditure must ensure:
                   The funds provided by the principal entity are not exceeded
                   The money is spent for the purpose intended
                   Any anticipated savings are promptly surrendered back to the principal entity.

              The principal entity will communicate the revenue stream within which expenditure
              may be incurred to the concerned branch and unit and issue the required written
              approval for expenditure to be incurred by a nominated authority in that (Branch and
              Units) entity.

3.3.12.5      The BAAs in each branch and units (entity), as part of his/her responsibility for
              monitoring expenditures, must submit a statement of excesses and surrenders to the
              Finance Department at prescribed dates, and in a format set down by the Finance
              Department.

3.3.12.6      All anticipated cost savings must be surrendered to the Law Firm Common Accounts
              immediately as they are foreseen, but no later than 1st July each year. Cost Savings from
              source of funds provided after 1st July must be surrendered no later than 30th July.
              Stringent controls should be exercised in the expenditure of all potential or actual cost
              savings. In addition:
                   No savings should be held in reserve for possible future excesses



Budgeting Policies- Final Copy/Jan 2012                                                         Page 15
   Expenditure postponed must not be re-allocated to meet new items of
                      expenditure
                     Expenditure must not be incurred simply because funds may be available within
                      a particular revenue stream that cannot be properly utilised must be
                      surrendered.

3.3.12.7      Excesses (i.e. expenditure for which no provision has been made in the current year’s
              original budget) should not normally be incurred. However, in certain cases where
              budgetary factors have changed abnormally or have been under-estimated (such as
              growth rates and inflation) it is possible for the SA to reallocate funds, provided they are
              available from cost savings arising in the same revenue streams. In this case the SA or
              his/her delegated officer (BAAs) is permitted to re-allocate funds between the units
              allotments made to delegated officers (Administration Assistant) or between detailed
              object heads of the same primary unit of appropriation within a particular funds,
              provided the:
                    re-allocation is not to or from the establishment (salaries and allowances) budget
                    delegated authority is also an authority competent to approve expenditure under
                       these heads
                    re-allocation is authorised before the expiry of the financial year to which the
                       budget relates
                    Amount re-allocated does not exceed any financial limits as determined by the
                       Accounting Department or EXCOM.

3.3.12.8      Re-allocation between units (major object) of appropriation and between different funds
              must be approved by the Finance Department (Hill Finance). The specific authorities for
              such transfers are set out in the ‘Delegation of Financial Powers’ issued by the
              Accounting Policy Manual.

3.3.12.9      The BAA/SA he or she is not permitted to re-allocate funds between Branch and Units.

3.3.12.10     In all cases of funds re-allocation, the Accountant General’s office must be immediately
              informed once it has taken place.

3.3.12.11     Re-allocation of funds between voted and charged components of the Budget is not
              permitted.




Budgeting Policies- Final Copy/Jan 2012                                                          Page 16
3.3.13         Supplementary Source of Funds

3.3.13.1       If funds are still not available within a particular revenue stream for a branch or unit, it
               should then consider whether the certain expenditure can be postponed. If it cannot be
               postponed, the branches and units (entity) can then apply to the Account Department
               (Hill Finance) for a Supplementary Source of Funds.

3.3.13.2       A submission to the Account Department (Hill Finance) for a Supplementary source of
               Fund will not be accepted unless the excess is due to a cause beyond the control of the
               branch and Units (entity) concerned and expenditure cannot be legitimately postponed.

3.3.13.3       Expenditure on new services or programs in which no provision in the budget has been
               made will not normally be admitted as a Supplementary source of funds and should be
               met from savings.

3.3.13.4       The Finance Department will need to give their consent for the Supplementary revenue
               application. However, the Supplementary revenue application can only be approved by
               the EXCOM during the budgetary cycle for the following year. Expenditure during the
               interim period in respect of the additional appropriation applied for through the
               Supplementary budget application commencing from the CEO’s consent to the approval
               by will be governed by the law firm budgetary policy guidelines as issued from time to
               time.

3.3.14         Review

3.3.14.1       An annual statement of expenditures against budget (appropriation), referred to as the
               Annual Appropriation Accounts, is prepared and published by the Finance Officer and
               respective BAAs. All the Branches and self-accounting entities prepare and publish their
               own Annual Appropriation Accounts, duly certified by the SA.

3.3.14.2 This report must provide, for the whole financial year just completed:
                      A comparison of actual expenditure with original and supplementary budget.
                      Details of excesses and surrenders and supporting explanatory notes (as
                          provided by every branch and units)
                      Comparison of actual expenditure with previous year actual.
                 This information will be provided for each revenue streams, down to minor function and
                 object level.

3.3.14.3       The review process also includes the auditing function, which may be both external (i.e.
               by the use of an outside auditing consultancy firm) or internal (involving the Finance
               Department staff). Internal review processes may assess performance against budget,
               and achievement of planning objectives against financial and non-financial performance
               measures.

3.3.14.4       The Budgeting, Accounting and Audit Board Committee should investigate those cases
               in which a branches or units has incurred a material deviation from budget and make
               recommendations to the COO. The COO approves the material deviations from budget
               recommended by the Budget, Accounting and Audit Board Committee (excess
               expenditures) and publish the approval in the form of an Excess Budget Statement.




Budgeting Policies- Final Copy/Jan 2012                                                           Page 17
3.3.14.5      Information and feedback obtained from the above review processes will be used in
              developing next year’s budget, thus completing the budgetary cycle (Direction 3.3.5.3).


3.4 Specific Budgetary Procedures

3.4.1 Introduction

3.4.1.1       This section discusses specific aspects of the budgeting process that need to be considered in
              addition to the Detailed Procedures set out in the previous section.

3.4.2         Charged Expenditures

3.4.2.1       According to the partnership deed CAP 11 in relation to Rules liabilities of partners it sets out
              those items which are to be charged upon each partner..
              These items are:
                   All Partners are liable jointly with the other partners for all debts and obligations of the
                       firm incurred
                   the administrative expenses of the above offices
                   including interest, repayment of capital and other expenditure connected with the raising
                       of loans, and the servicing
                   any sums required to satisfy any judgments, decrees or awards against the law firm
                   any other sums declared by the legal and regulatory requirement.(KRA etc)

3.4.3         Centrally provided for expenditures

3.4.3.1       The following expenditures shall be centrally provided for by the Accounts Office under
              instructions issued by the CEOs Office. These estimates are to be submitted to the Finance
              Department by the prescribed date for inclusion in the Master Budget Statement:
                    expenditure on pensions
                    loans and advances
                    Interest on miscellaneous debts.
                    Value Added Tax related issues
                    PAYE
                    Common Cost
                    Insurance
                    Audit Fee
                    Consultancy Fees
                    Training Fees




Budgeting Policies- Final Copy/Jan 2012                                                                 Page 18

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Budgetary control accounting system

  • 1. XYZ-LTD BUDGETARY CONTROL Part 1of Budget Policy Milton 1/30/2012 1 Accounting Policies| XYZ-Ltd
  • 2. 3 Budgetary Control 3.1 Introduction 3.1.1.1 Within the Law Firm, the Budget is an instrument by which the XYZ Ltd expresses its priorities and allocates resources to implement its policies. The Budget is a tool by which planned expenditures are controlled, at all branches of XYZ Ltd, including spending units/practice areas. 3.1.1.2 The Budget applies to the projected revenues, capital revenue, and partner’s injections. 3.1.1.3 Sichangi Partners Advocate branches, units and practice areas are required annually to present to the EXCOM, projection of estimated receipts and expenditure for the forthcoming financial year. This is referred to as the Annual Budget projection statement. This statement indicates separately the sums required to meet expenditure charged by Sichangi Partner branches, units and practice areas. 3.1.1.4 The budgeting cycle consists of six phases broadly categorized as follows:  Setting of budget policy and initiatives: the EXCOM meets to determine budget policy, initiatives and priorities. These are then communicated to branches via Partner in Charge, of Branches and units through the Finance Department for XYZ Ltd.  Preparation: this stage includes the preparation and submission of budget estimates of expenditure and receipts by branches, units and practice areas (entities) and subsequent review and consolidation of estimates by the Accounting Department.  Authorisation: this stage involves submission of the Master Budget Statement before the EXCOM. This consists of two stages; approval by the EXCOM, and authentication by the CEO. The approved budget is referred to as the ‘Authorized Expenditure’.  Implementation: this stage refers to the communication of the budgets to the spending branches, units and practice areas through the Finance Department. On implementation of the Budget, the branches, units, practice areas (entity) can carry out activities and incur expenditure, for which funding has been given in that period.  Reporting and Monitoring: actual revenues and expenditures (including commitments) are recorded and reported to monitor progress against budget throughout the financial year. Reporting assists management  in decision making and in particular re-allocation of funds where required. This includes the provision of both internal and external reports.  Review: the periodical review of financial performance and the achievement of policy objectives by spending entities and external authorized persons. This includes audit activities and review by Accounting and Audit Committee. At year end outstanding commitments are reviewed and budget provision (through supplementary funds) made for the following year. For Revised Budget Estimates see 3.3.5.3 and 3.3.13 Budgeting Policies- Final Copy/Jan 2012 Page 2
  • 3. 3.1.1.5 The budgetary cycle is represented in the following diagram. Overview of the Sichangi Partners, Budgetary Cycle Note: ** Cash Budget Exempt** Preparation Policy Setting Authorisation Review Implementation Reporting and Monitoring Budgeting Policies- Final Copy/Jan 2012 Page 3
  • 4. 3.2 General Policies 3.2.1 Responsibilities for budgeting 3.2.1.1 Spending branches, units and practice areas are responsible for the preparation of their own budget estimates. In each branch there is an accountant who is under the administrative control of the Finance Department. This Accountant/Accounts assistant guides the preparation of estimates by spending (entities) branch/Units and co-ordinates the budget with the Finance Department and various other teams as required throughout the budget cycle. 3.2.1.2 A number of Sichangi Partners Advocate teams (entities) provide support during the budget process. These include various committees responsible for the review and approval of budget proposals (as nominated from time to time by the CEO), including:  the Partner  the FINANCE OFFICER  the SCASS Governance Resource 3.2.2 General budget classifications 3.2.2.1 The estimates provided in the Master Budget Projection Statement must be shown in accordance with financial accounting reporting standard requirements. Under the financial reporting standard the budget estimates must show separately:  The sums required to meet expenditure charged upon the Law Firm Revenue Fund (refer to Direction 3.4.2.1. for a list of items included as charged expenditures)  The sums required to meet other expenditure, other than charged, proposed to be made from the same revenue and capital funds. 3.2.2.2 Within these overall requirements, spending branches/units and practice areas are required to submit budget estimates in prescribed classifications. On the expenditure side, separate estimates are prepared for current and investment expenditures. Separate forecasts are also prepared for receipts. The classification of current and investment needs to be sub -classified into their Kenya Shillings and Foreign Exchange components both denominated in Kenya Shillings. 3.2.2.3 Non-Investment expenditures refer to the on-going administrative Operations (recurrent) within branches, units and practice areas, in fulfilling its policy objectives. These include salaries and allowances of Partners, Associates, Legal Assistants, and paralegal staffs. There are two types of recurrent budget; permanent and temporary:  Permanent budget: these are recurrent expenditures that have previously been approved and are continuing. These include permanent staffing establishments, travelling, fixed allowances and contingent expenditure. This is submitted as the ‘Part I’ budget  Temporary budget: these are new items of recurrent expenditure such as temporary additions to existing establishments or services that have either continued on from year to year on a temporary basis or have been newly sanctioned and not included in the current year’s budget. This is submitted as the ‘New Items Statement’ (NIS) or ‘Part II’ budget. Budgeting Policies- Final Copy/Jan 2012 Page 4
  • 5. 3.2.2.4 Investment Expenditure refers to activities conducted and managed distinctly as the law firm business initiatives, with finite start and end dates and clearly specified deliverables. Investment Initiatives typically involve the construction or improvement of physical assets or the development of human resources. Investment Initiatives are submitted as ‘New Item Statements’. Investment budgets should have a flow-on effect to the recurrent budget. When a Investment Initiative is completed it should result in new items of recurrent expenditure, such as salaries, maintenance and utilities. 3.2.2.5 Forecasts (Projection) of revenue shall be prepared by those entities responsible for administration of those revenues. This includes Finance Department, and Unit areas (entities) within Sichangi Partners Advocate Branches. 3.2.3 Method of budgeting 3.2.3.1 The method used by Branches and Units for preparing budget estimates will be determined by the Finance Department. Irrespective of the type of expenditure or method of budgeting used, the estimates provided to the Finance Department must be fully substantiated. 3.2.3.2 Branches and their subordinate spending Units (entities0 should frame their budgets according to planned outcomes and not inputs. For example, Branches should first consider what outcomes it wishes to achieve against a particular Service Line/ Practice Area or Unit, rather than how many new staff it wishes to employ. Investment and recurrent budget estimates should be considered jointly, in order to determine whether the planed outcomes of the entity (and those of the law firm as a whole), can be met. 3.2.3.3 Estimates of expenditure are to be provided on a cash basis, that is, expenditure incurred when payment is made within the financial year. This is consistent with the accounting policy for the recognition of expenditure. 3.2.3.4 Forecasts of revenue are to be prepared on a cash basis, that is, based on what can reasonably be expected to be paid and collected in the financial year. This will be calculated from prior year collection figures, adjusted for changes in revenue collection policy. The forecasts will be provided in gross amounts (e.g. revenues will not be shown net of any related costs). This is also consistent with the related accounting policy for the recognition of revenues. 3.2.4 Master Budget format 3.2.4.1 The format by which budget estimates are to be submitted, consolidated and ultimately presented before the EXCOM and to Partners In charge will be the same, as determined by Finance Department, in consultation with the respective branch. 3.2.4.2 The budget will be compiled to be consistent with the Chart of Accounts specifications. Budgeting Policies- Final Copy/Jan 2012 Page 5
  • 6. 3.3 Detailed Procedures 3.3.1 Introduction 3.3.1.1 This section describes steps to be followed in the budgetary procedure, based on the components of the budgetary cycle as outlined in the Introduction (Direction 3.1.1.4). 3.3.1.2 These procedures refer to the budgeting process in general and, unless otherwise specified are applicable to all spending entities. Branches and units will ensure procedures for the collections of subsidiary details and the preparation and scrutiny of budget estimates are laid down in regulations of the law firm branches and units. 3.3.1.3 From time to time the Accounting Department will issue orders pertaining to budgetary procedures. These include specific orders for a financial year or a particular class of expenditure. Such instructions are to be followed in conjunction with the procedures contained in this Manual. 3.3.1.4 The following key controls are essential to the budgeting process:  all budget estimates for a branch or unit must be reviewed and signed off by the Partner In charge before it is submitted to the Finance Department  all budget estimates for a branch or unit must be approved and signed off as evidence by the Partner In Charge before it is submitted to the Finance Department  budget estimates and supporting schedules must be prepared in a prescribed format  the budgets must be authorised by the EXCOM  authorised budgets must be communicated to the FINANCE OFFICER so that a complete record is maintained for verification and authorisation of payment  the Finance Department must communicate the authorized budgets to the spending branches and units through release letters  The Branch Accountant/ Assistants for each entity (branch/units) must monitor actual transactions against budget. Budgeting Policies- Final Copy/Jan 2012 Page 6
  • 7. 3.3.2 Budgeting procedure – overview Expenditure Branch/Units Revenue Collection Prepare Estimate: Prepare Prepare Prepare Permanent Estimate: Estimate: Preliminary Est.: Temporary Investment Revenue BAA Examine Current Examine Current Examine Estimate Estimate Examine Investment Revenue Estimate Estimate Approved: Finance Officer Submit Budget Order Submit New Item Submit Statements Preliminary Final Revenue Estimate Determine Size of Investment to take Review Current Review Estimate- BMPs Review Final Investment Priorities- BMPs Revenue Estimate- BMPs Prepare Prepare Expenditure Prepare Consolidated Expenditure on Estimates of Revenues Revenue on capital Account (Receipt) The Budget- Custody of Partner In charge of Finance Scheduled for Authorization Update Accounting and FO Communicate Budget to EXCOM Approval: EXCOM Funds Control Branches/Units Authenticated: Partners Budgeting Policies- Final Copy/Jan 2012 Page 7
  • 8. 3.3.3 Policy setting and issue of Budget Circular 3.3.3.1 Each year, the EXCOM must meet and set out the budget policy, including new initiatives, targets and priorities. The budget policy will establish the planned surplus or deficit, with underlying assumptions on economic growth, inflation and other planning parameters. 3.3.3.2 After the EXCOM has set the budget policy, the Finance Department will prepare and issue the Budget Circulars. This document sets out the timetable in which budget estimates are to be provided by the spending branches /Units and any other relevant instructions to be followed. 3.3.3.3 The deadlines for submission of estimates shown in the following sections are Indicative only, as they will vary from year to year and between branches circumstances. In all cases the dates shown in the Budget Circular shall be adhered to. 3.3.4 Preparation of Recurrent Budget 3.3.4.1 After the Budget Circular is issued, the law firm branches and units shall prepare detailed estimates of their recurrent expenditure for the forthcoming financial year. 3.3.4.2 Investment budgets must be prepared on an integrated basis. Permanent and temporary budget estimates must not be prepared independently of one another. 3.3.4.3 Estimates of recurrent expenditure must show separately, within each budget:  ‘charged’ and ‘other than charged’ expenditure  Expenditure on revenue account and expenditure on capital account. 3.3.4.4 The Finance Officer must approve and sign off the budgets relevant to their entities. 3.3.4.5 For each spending unit (entity) within a branch, the levels at which recurrent estimates are to be submitted is as follows:  For each revenue stream, the revenue and units of appropriation  For each primary unit of appropriation, to the detailed levels of both function and object heads 3.3.5 Preparation of Recurrent (permanent) budget 3.3.5.1 Estimates provided under the permanent budget, as defined in Direction 3.2.2.3, Must only include items which have already been cleared by the Accounts/ Department. If an item appears in these estimates for the first time, it must be supported by a copy of the approval for continuation of that item on a permanent basis. 3.3.5.2 It should not be assumed that estimates provided under the permanent budget are fixed items. All the branches and units should review their overall establishment requirements and patterns of contingent expenditure to identify potential cost savings when preparing their budget. Budgeting Policies- Final Copy/Jan 2012 Page 8
  • 9. 3.3.5.3 In order to form the basis for the following year budget estimates, revised estimates must be prepared for the current financial year. Revised estimates should be determined in light of:  Actual for the first 3 months of the current financial year plus actual for the last 9 months of the previous financial year  commitments entered into and expected to be paid in the current financial year 12 months actual for the previous two years adjustments arising from:  Re-appropriations within particular revenue stream during the current financial year  New items of expenditure approved through Supplementary Budget during the current financial year surrenders made or expected to be made during the current financial year.  Any other relevant factors  The impact of any investment and current expenditure factors. 3.3.5.4 Where the revised budget exceeds the projected revenue, the branches and units must indicate how the excess is proposed to be met and the delegated authority who authorised the increase. 3.3.5.5 Where the revised budget is less than the projected revenue by more than 5%, an explanation of the saving must be provided by the branch and units. 3.3.5.6 Budget estimates for the next financial year are then prepared for each detailed head (detailed function and object within each unit of appropriation). For permanent budgets, the following information must be provided at detailed head level:  Actual for the last financial year and budget variances for that year  Budget estimate for the current financial year  Revised estimate for the current financial year  Budget estimate for the forthcoming financial year. 3.3.5.7 From the information collected above, a statement will be prepared comparing the differences between:  Current year’s approved grant and the revised estimate  The budget estimate submitted for the current year and the estimate for next year. 3.3.5.8 Budget estimates should be prepared to include subsidiary details in the prescribed form (e.g. Payrolls, calculation of allowances etc.), and made available for scrutiny by the Branch Partners, if requested. 3.3.5.9 Other relevant factors should also be considered in developing an estimate for after next year’s budget. These include the following:  Adjustment for expected inflation as provided, increase in salary costs and any other planning assumptions provided in the budget call circular.  Known deferred liabilities, as recorded on the Liabilities Register, for the next year.  Anticipated savings arising from productivity gains, and reduction or termination of specific programs or initiatives. 3.3.5.10 Estimates relating to approved establishments, both permanent and temporary, should take into account provisions for leave, expected vacancies and allowances payable to Budgeting Policies- Final Copy/Jan 2012 Page 9
  • 10. employees, based on past actual and other relevant factors. Substantiation must be provided for variations from the previous year’s establishment.  Posts which will not be filled must not be provided for. This includes provision for staff on long-term transfer or leave.  Estimates of salaries must be supported by the number of posts against each establishment, and an explanation of any variation between the next year and the current year’s posts. 3.3.5.11 Lump sum provision in the budget must not be made unless in exceptional circumstances. For example, the use of ‘other’ expenditure heads should be avoided, in favor of more clearly defined heads. 3.3.5.12 Permanent budget estimates must be submitted by the (Branches and Units) concerned spending entities to the FINANCE OFFICER no later than 1 December each year. Subsequently the Budget pertaining to the permanent budget must be submitted to the Budget and Revenue Committee and copied to the FINANCE OFFICER, no later than 1 January 3.3.5.13 The dates detailed are applicable unless otherwise notified by the CEO Office. Budgeting Policies- Final Copy/Jan 2012 Page 10
  • 11. 3.3.6 Preparation of non-development (temporary) budget 3.3.6.1 Temporary budget estimates, as defined in Direction 3.2.2.3, shall only be included in this section of the budget where already agreed with Finance Department. No scheme of fresh items can be included in the Budget unless it is complete and approved. 3.3.6.2 The requirements for preparation of revised estimates and excesses and surrenders as given in Directions 3.3.5.3 to 3.3.5.5 also apply to temporary budgets. 3.3.6.3 Temporary budget estimates must be submitted by the law firm branches and units (spending entities) to their respective branch partners in charge for examination no later than 1 December each year. Where clearance of fresh charge proposals is required by other branches or Head Office, it should be obtained prior to submission. 3.3.6.4 Temporary budget estimates must be submitted to the Finance Officer no later than 20th December each year. Subsequently the budget pertaining to the temporary budget must be submitted to the Budget and Revenue Committee with a copy to the FINANCE OFFICER no later than 1 February. 3.3.6.5 The comparative analysis of revised estimates with approved revenue and budget estimates for the current year and next year provided for in Direction 3.3.5.7 should also be submitted. 3.3.6.6 The dates detailed are applicable unless otherwise notified by the CEOs Office. 3.3.7 Preparation of Investment budget 3.3.7.1 Detailed procedures for the preparation, appraisal and approval of Investment Budget proposals are set out in the ‘Manual for Investment Budget Proposal’ issued by the PMB and are applicable to all branches and spending units. Investment Budget Proposal estimates must only be prepared for budgets approved in accordance with those procedures. 3.3.7.2 When branches and spending units submit their proposals to the PMB for the Annual Investment Budgeting Programme, a copy of this submission must be forwarded to the FINANCE OFFICER. This will include detailed estimates for specific Investment projects. 3.3.7.3 Estimates of development expenditure for each project/scheme must be furnished by spending entities to the Financial Advisor no later than 1 December each year. The following information for each project/scheme must be provided:  name of project/scheme  expected date of completion  physical targets to be achieved in the project  accumulated expenditure and percentage of completion up to the end of the previous year  revised budget estimate and physical targets for the current financial year  budget estimate for next financial year  Targets proposed for next financial year and basis for determining target. 3.3.7.4 The level at which investment project budgets will be submitted is as follows:  Investment Capital Revenue within each capital expenditure Budgeting Policies- Final Copy/Jan 2012 Page 11
  • 12. At detailed function and object level for those heads pertaining to Investment project expenditures within each primary unit of appropriation. 3.3.7.5 Branches and Units entities shall provide details of physical targets to be achieved by the investments, along with budget estimates. 3.3.7.6 If a proposed investment is new, and a budget estimate is submitted for the first time, it should be accompanied by copies of the relevant investment proposal and capital budgeting investment decision authorization documentation. 3.3.7.7 Proposals submitted to branches or units for expenditure(s) to be incurred under an investment project, shall be compiled by the same branch or unit and submitted to Accounting Department. 3.3.7.8 The Law Firm branches and units (Spending entities) must ensure that there is no overlap of budgets between individual investment projects or between investment and recurrent expenditures. 3.3.7.9 The local currency component of the investment estimate must be shown separately from the foreign currency component. In addition, these components of the investment budget are not interchangeable throughout any stage of the investment. 3.3.7.10 In relation to the estimate of joint venture investment, the following rules shall apply:  All joint venture, and subsidiaries in both capital and loans, shall be incorporated into estimates of investment projects. Such estimates of joint ventures or subsidiaries must first be cleared by the EXCOM  The foreign currency component of an investment project estimate must be shown distinctly with the source and type of fund (e.g. Partner(s) Contribution, loan etc). This information shall be provided in a separate statement to the FINANCE OFFICER  Partner Contribution in the form of Assets, and legal expertise, where it is utilized within the investment, shall be provided for in the local currency component of the Investment estimate. 3.3.7.11 Once satisfied with these estimates, the branch Accountant (BAA) must obtain approval from the FINANCE OFFICER, who will sign off the budgets. 3.3.7.12 subsequently the estimates of Investment expenditure must be submitted to the Budget and Revenue Committee headed by the FINANCE OFFICER, in the form of a New Item Statement, no later than 20th December each year. The new item statement, countersigned by the delegated chair of PMB. This information should be shown in the budget book. 3.3.7.13 After submission to the Finance Department, a number of review processes must be initiated to establish the available resources for investment expenditure and examine demands of branch/Unit investments needs. The review of each project must be made in light of the following factors:  overall resource position (resources available from the Budget to finance the Annual Investment)  Indentified priorities  phasing of Investment  status of Investment  availability of Capital or Funds  likelihood of completion in the forthcoming financial year Budgeting Policies- Final Copy/Jan 2012 Page 12
  • 13. 3.3.7.14 Cash Budget Preparation 3.3.7.15 Guidelines and General Policies Cash Budgeting estimates shall be part of budgetary control prepared by the FINANCE OFFICER /SA, showing how cash resources will be acquired and used over specific time period. 3.3.7.16 The cash Budget will project cash resource need in term of deficit and excess 3.3.7.17 The cash budget format will feature but not limited to the followings parameters  Receipt Section  Disbursement Section  Cash Excess or Cash Deficit  The Financing Section 3.3.7.18 The Cash Budget should be broken down into various times periods; monthly, Quarterly, Semi Annually, and Yearly.  The Monthly Cash Budget will need to ready on the first day of the week of every month end  The Quarterly Budget will be submitted on the last working day of every quarters  The Semi- Annual Cash Budget will submit on the last working day of at the end of this period.  The Annual Cash Budget will be submitted on the last working day on the third week. 3.3.7.19 Cash Budget Report Once a cash budget has been developed it will to be submitted to the Chief Operation Officer for the presentation to the CEOs office. Budgeting Policies- Final Copy/Jan 2012 Page 13
  • 14. 3.3.8 Preparation of receipt estimates 3.3.8.1 Estimates of receipts must be prepared by those authorities responsible for administering revenues. Preliminary revenue estimates must be submitted to the FINANCE OFFICER for scrutiny and forwarded to the Budget and Revenue Committee no later than 1 December each year. This enables the overall resource position to be determined for financing of the operation of the law firm. Final estimates, with explanatory notes, shall be received by 1 March each year. 3.3.8.2 The authorities required to submit receipt estimates are the Partner In Charge with support from the BAA for branch revenue receipts, and equity and loan receipts. 3.3.9 Consolidation of budget data 3.3.9.1 After budget estimates have been reviewed by the BAA and approved by the FINANCE OFFICER , the demands for revenue stream for each branch and unit must be prepared and submitted, (along with the supporting Budget and New Item Statements) to the Budget and Revenue Committee. 3.3.9.2 The Accounting Department shall review and consolidate the demands for revenue streams projection submitted by the law firm branches and units. We recommend that the law firm adopt to capture, verify and consolidate the budget data. 3.3.9.3 The Accounting Department must review the consolidated estimates to ensure the Master Budget overall budget policy and objectives have been met, and make adjustments in consultation with Branch and Units Partners In charge in all required areas. 3.3.9.4 Upon completion of the consolidation and review process the final Master Budget documents will be produced, and presented to the EXCOM. 3.3.10 Authorisation 3.3.10.1 Budgets approved in procedures as detailed earlier must subsequently be set before the EXCOM for authorisation. 3.3.10.2 Authorised budgets must be recorded in the Schedule of Authorised Expenditure, with subsidiary information contained in the Details of Revenue sources and Appropriations annual publication (Recurrent and Investment expenditure). 3.3.11 Implementation 3.3.11.1 After the budget is authorised by the EXCOM, the Account Department must formally communicate the budgets, as set out in the Authorised Expenditure, to each branch, Units and to the Finance Department records. 3.3.11.2 A separate release letter (Circular) must be sent from the Finance Department to the Branches, and law firm units, with copies to the respective authorized person(s), to advise on the ( source of funds) funds made available against these budgets. The SA, must communicate this information to the BAAs in all the branches. Budgeting Policies- Final Copy/Jan 2012 Page 14
  • 15. 3.3.11.3 An appropriation ledger must be maintained by the Accounting Department to record the initial distributions of budgets made to the law firm branches and units (entities) and any subsequent adjustments made throughout the year. 3.3.11.4 It is the responsibility of the BAA to ensure the budgets applicable to his/her Branch or Unit are properly communicated to the various delegated officers in that entity. The BAAs will maintain a record of such this entities. 3.3.12 Reporting and monitoring 3.3.12.1 The BAAs of each branch and units is responsible for controlling expenditure from the available source of funds and will exercise this control through his/her delegated authorities. 3.3.12.2 At a transaction level, Drawing and Disbursing Agents must ensure claims for payment are properly prepared and duly approved, as per the Schedule of Authorised Expenditure, classified, and recorded according to the rules procedures for expenditures laid down in chapter 4 of this Accounting Manual. 3.3.12.3 No transaction exceeding the value of available source of funds can be passed for payment. However, if the claim is inevitably payable under legal contracts and insufficient funds exist, the demand for payment may be honoured. The disbursing Agent must report the matter to a delegated authority before approving the claim (Direction 3.3.12.7). In such circumstances the SA/FINANCE OFFICER must take appropriate actions to find the extra funds for such payments. 3.3.12.4 Any Law Firms branch and units required to undertake work or incur expenditure on behalf of another is required to exercise proper budgetary control over the funds provided by the principal authority (Partner In charge). The branch and units (entity) incurring the expenditure must ensure:  The funds provided by the principal entity are not exceeded  The money is spent for the purpose intended  Any anticipated savings are promptly surrendered back to the principal entity. The principal entity will communicate the revenue stream within which expenditure may be incurred to the concerned branch and unit and issue the required written approval for expenditure to be incurred by a nominated authority in that (Branch and Units) entity. 3.3.12.5 The BAAs in each branch and units (entity), as part of his/her responsibility for monitoring expenditures, must submit a statement of excesses and surrenders to the Finance Department at prescribed dates, and in a format set down by the Finance Department. 3.3.12.6 All anticipated cost savings must be surrendered to the Law Firm Common Accounts immediately as they are foreseen, but no later than 1st July each year. Cost Savings from source of funds provided after 1st July must be surrendered no later than 30th July. Stringent controls should be exercised in the expenditure of all potential or actual cost savings. In addition:  No savings should be held in reserve for possible future excesses Budgeting Policies- Final Copy/Jan 2012 Page 15
  • 16. Expenditure postponed must not be re-allocated to meet new items of expenditure  Expenditure must not be incurred simply because funds may be available within a particular revenue stream that cannot be properly utilised must be surrendered. 3.3.12.7 Excesses (i.e. expenditure for which no provision has been made in the current year’s original budget) should not normally be incurred. However, in certain cases where budgetary factors have changed abnormally or have been under-estimated (such as growth rates and inflation) it is possible for the SA to reallocate funds, provided they are available from cost savings arising in the same revenue streams. In this case the SA or his/her delegated officer (BAAs) is permitted to re-allocate funds between the units allotments made to delegated officers (Administration Assistant) or between detailed object heads of the same primary unit of appropriation within a particular funds, provided the:  re-allocation is not to or from the establishment (salaries and allowances) budget  delegated authority is also an authority competent to approve expenditure under these heads  re-allocation is authorised before the expiry of the financial year to which the budget relates  Amount re-allocated does not exceed any financial limits as determined by the Accounting Department or EXCOM. 3.3.12.8 Re-allocation between units (major object) of appropriation and between different funds must be approved by the Finance Department (Hill Finance). The specific authorities for such transfers are set out in the ‘Delegation of Financial Powers’ issued by the Accounting Policy Manual. 3.3.12.9 The BAA/SA he or she is not permitted to re-allocate funds between Branch and Units. 3.3.12.10 In all cases of funds re-allocation, the Accountant General’s office must be immediately informed once it has taken place. 3.3.12.11 Re-allocation of funds between voted and charged components of the Budget is not permitted. Budgeting Policies- Final Copy/Jan 2012 Page 16
  • 17. 3.3.13 Supplementary Source of Funds 3.3.13.1 If funds are still not available within a particular revenue stream for a branch or unit, it should then consider whether the certain expenditure can be postponed. If it cannot be postponed, the branches and units (entity) can then apply to the Account Department (Hill Finance) for a Supplementary Source of Funds. 3.3.13.2 A submission to the Account Department (Hill Finance) for a Supplementary source of Fund will not be accepted unless the excess is due to a cause beyond the control of the branch and Units (entity) concerned and expenditure cannot be legitimately postponed. 3.3.13.3 Expenditure on new services or programs in which no provision in the budget has been made will not normally be admitted as a Supplementary source of funds and should be met from savings. 3.3.13.4 The Finance Department will need to give their consent for the Supplementary revenue application. However, the Supplementary revenue application can only be approved by the EXCOM during the budgetary cycle for the following year. Expenditure during the interim period in respect of the additional appropriation applied for through the Supplementary budget application commencing from the CEO’s consent to the approval by will be governed by the law firm budgetary policy guidelines as issued from time to time. 3.3.14 Review 3.3.14.1 An annual statement of expenditures against budget (appropriation), referred to as the Annual Appropriation Accounts, is prepared and published by the Finance Officer and respective BAAs. All the Branches and self-accounting entities prepare and publish their own Annual Appropriation Accounts, duly certified by the SA. 3.3.14.2 This report must provide, for the whole financial year just completed:  A comparison of actual expenditure with original and supplementary budget.  Details of excesses and surrenders and supporting explanatory notes (as provided by every branch and units)  Comparison of actual expenditure with previous year actual. This information will be provided for each revenue streams, down to minor function and object level. 3.3.14.3 The review process also includes the auditing function, which may be both external (i.e. by the use of an outside auditing consultancy firm) or internal (involving the Finance Department staff). Internal review processes may assess performance against budget, and achievement of planning objectives against financial and non-financial performance measures. 3.3.14.4 The Budgeting, Accounting and Audit Board Committee should investigate those cases in which a branches or units has incurred a material deviation from budget and make recommendations to the COO. The COO approves the material deviations from budget recommended by the Budget, Accounting and Audit Board Committee (excess expenditures) and publish the approval in the form of an Excess Budget Statement. Budgeting Policies- Final Copy/Jan 2012 Page 17
  • 18. 3.3.14.5 Information and feedback obtained from the above review processes will be used in developing next year’s budget, thus completing the budgetary cycle (Direction 3.3.5.3). 3.4 Specific Budgetary Procedures 3.4.1 Introduction 3.4.1.1 This section discusses specific aspects of the budgeting process that need to be considered in addition to the Detailed Procedures set out in the previous section. 3.4.2 Charged Expenditures 3.4.2.1 According to the partnership deed CAP 11 in relation to Rules liabilities of partners it sets out those items which are to be charged upon each partner.. These items are:  All Partners are liable jointly with the other partners for all debts and obligations of the firm incurred  the administrative expenses of the above offices  including interest, repayment of capital and other expenditure connected with the raising of loans, and the servicing  any sums required to satisfy any judgments, decrees or awards against the law firm  any other sums declared by the legal and regulatory requirement.(KRA etc) 3.4.3 Centrally provided for expenditures 3.4.3.1 The following expenditures shall be centrally provided for by the Accounts Office under instructions issued by the CEOs Office. These estimates are to be submitted to the Finance Department by the prescribed date for inclusion in the Master Budget Statement:  expenditure on pensions  loans and advances  Interest on miscellaneous debts.  Value Added Tax related issues  PAYE  Common Cost  Insurance  Audit Fee  Consultancy Fees  Training Fees Budgeting Policies- Final Copy/Jan 2012 Page 18