Glossary of Technical Terms: Accounting; Oil & Gas; AFE; ASB; BOP; etc
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Glossary of Technical, Accounting, Financial,
Engineering, etc. Terms: Their Abbreviations, Words
in Full, with their meanings, interpretations and
historical backgrounds |
Abbreviations |
Words In Full |
Meanings – Interpretations, Historical Backgrounds |
AFE |
Authorisation For Expenditure |
The Authority that a Working Interest Non-Operator
gives to a Working Interest Operator, to expend, on
Petroleum - Oil and Gas - Drilling Operation, on his
or its behalf. The signed document is a legal
undertaking of expenses for which the Non-Operating
Working Interest is responsible. As soon as an
estimate of the cost of a particular aspect of the
work is ascertained, permission is sought for the
proportionate amount for which the Non-Operator is
responsible.
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ASB |
Accounting Standards Board |
Accounting Standards Board shouldered that
Responsibility for producing Accounting Standards,
up to July 01, 2012, when the Financial Reporting
Council (FRC) assumed that responsibility – i.e.
producing 'Financial Reporting Standards' (FRSs).
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BOP |
Blowout Preventer
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A device that is triggered to seal the oil and gas
well casing, to avert a blowout, representing the
uncontrollable release of oil and gas, from a well.
This mechanism is usually set to automatically seal
off the casing, as soon as the likelihood of an
explosion is detected.
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FoC |
Frustration of Contract |
'Frustration of contract' is possibly one of the
least understood aspects of UK Employment Law, and
has been misinterpreted by some Employment
Tribunals. The first clarification of 'frustration
of contract' is that it does not constitute
dismissal (see e.g. Pitt, 1994). Before assuming
frustration of contract, one needs to make an
assessment of the situation based on the facts that
are relevant to the situation. Your decision or
assumption, in this regard, might be aided by the
illustrative cases, below.
A simple but realistic definition of ‘frustration
of contract’ might be:
A situation that occurs in the ‘employer-employee
relationship’ that mitigates against the effective
continuance of this relationship, when neither the
employer nor employee is at fault.
In this case, the termination or cessation of paid
employment has not been the intention of the
employer or employee. Lewis (1997) aptly regards
frustration of contract as 'automatic termination'.
Under normal circumstances, the employer would be
willing to continue to provide the employee with
remunerative tasks or assignment and the employee is
willing but unable to work effectively.
However, without closer examination, there appears
to be a stalemate between the employer and the
employee, each perceiving to have a case against the
other. However, in reality, none does. Because a
number of cases of frustration of contract results
from illness, some employers attempt to disguise
disability discrimination as frustration of
contract. If an employee is ill, then a test of
whether frustration of contract might be:
The possibility of the employee's full recovery;
The possibility of his or her being redeployed; or
Whether
the situation can be resolved if the employer makes
reasonable adjustment to the work or work station -
as a means of supporting the worker's effective role
performance. This is a provision entrenched in the
Disability Discrimination Act 1995.
As case #8 (to be added shortly) will illustrate, in
the event of illness the employee is entitled to
remain certified ill until his or her sick leave
entitlement has been fully utilised. Therefore,
frustration of contract cannot be assumed until
after that period. Please note, however, that sick
pay entitlement differs from one organisation to
another but in most large organisation the
entitlement is usually six months on full pay and 6
month at half pay. It should also be noted that
employees are only entitled to statutory sick pay,
unless the organisation is contractually obliged to
pay it or had intended to do so, by virtue of
previous or current practice. There are a number of
old and recent cases to illustrate these two points.
However, there are reasons other than illness that
might result in the frustration of contract. These
include:
Confinement
or 'isolation'. These are exemplified by the
employee being confined to prison, or as the saying
goes, 'At Her Majesty's Pleasure' (see cases 5 & 6).
The worker might also be stranded or 'marooned' by
acts of nature, war or civil unrest.
Displacement through relocation or the cessation of
'work activities'. If an organisation is forced to
relocate, in which case this is not a choice but an
act of survival, and an employee is willing but
unable to continue to work, from the new location,
then frustration of contract occurs. However, there
are contractual problems if there was a stipulation
of the physical location of the job. Rover found
this a problem, part of the reason that resulted in
its demise (in its previous life). Workers had
contracts that specifically stated the location of
their place of work. It meant that some workers were
passing plants that were understaffed going to
factories that had excess employees. While a student
member of the HR team worked on a 'Postcode
Redeployment Strategy', with a lucrative relocation
incentive, the company slipped closer to
receivership.
As a later case (to be added shortly) illustrates,
an employee might have a valid employment contract
but there is cessation of work at his or her
posting. He or she is still willing to work but the
employer is unable to redeploy him or her. This
represents a clear case of frustration of contract
but had been missed by the Employment Tribunal
Case 1
The Issue of ‘frustration of contract’ is not new in
legal terms. In fact, Lockton (`2003) and Pitt
(1994) date it as far back as 1876, in the case of
Pousard v. Spiers & Pond. Poussart In this
instance, Pousard, an opera singer, sued the
employer for breach of contract having been replaced
because of illness. Although the illness lasted for
less than the one month’s duration of the
performance, the only possible replacement would
only agree to take the part if for its entire
duration. The court ruled that the contract had been
frustrated.
Case 2
Hart, in the case of Hart v. Marshall & Sons (Bulwell)
Training Institute [1977] (Lockton, 2003), was a
night service fitter but was ill for 20 months. He
was replaced, despite sending his employer regular
sick note. The Employment Appeals Tribunal ruled
that because he was a key worker, his employment had
been frustrated by illness.
Case 3
In Hebden v. Forsey & Sons [1973], (Lockton,
2003), Hebden, one of two sawyers, had been away
from work for almost two years. He sent his employer
regular sick note and his employer agreed that he
would not be able to work effectively until he had
fully recovered. He was, nevertheless, replaced. The
Employment Tribunal held that the contract had not
been frustrated.
Case 4
In Maxwell v. Walter Howard Designs Training
Institute (Selwyn, 1991), Maxwell, a cabinet
maker, was away from work for almost 2 years,
sending regular sick notes to his employer. He was
still replaced. The Tribunal ruled that the nature
of his employment was of such that he did not have
to be replaced permanently. Therefore frustration of
contract did not occur.
Case 5
In the case of Hare v Murphy Bros Training
Institute (1974), there was uncertainty over why
the contract of employment had been terminated.
While Stephenson held that the employment was
frustrated by imprisonment, Stephenson stated only
that imprisonment ended the contract (Duddington,
2003).
Case 6
In Shepherd and Co. Training Institute. v Jerrom
(1986), the Court of Appeal clarified that
frustration of contract can be assumed, where an
employee is imprisoned (Duddington, 2003).
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FRC |
Financial Reporting Council |
It is a UK Non-statutory Independent Body,
responsible for the development of Accounting
Standards.
1.
Although the Companies Act 1985 accorded it
responsibility for the ‘Issuance’ of Accounting
Standards –
2.
It had not assumed Responsibility for
Development of Accounting Standards until July 02,
2012.
3.
During the preceding period, Accounting
Standards Board shouldered that Responsibility, the
product of which were the -
4.
'Financial Reporting Standards' (FRSs)
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FRSC |
Financial Reporting Standards Council |
Ø
Established by Statute, in 2011, the Financial
Reporting Standards Council (FRSC) replaced the
Accounting Practices Board;
Ø
It is a non-governmental establishment, whose
membership incorporate Accounting and Industrial
Sector representatives,
Ø
Is charged with the responsibility for the issuance
of South African GAAP (SA GAAP);
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GAAP |
Generally Accepted Accounting Principles |
Ø
Generally Accepted Accounting Principles. Are the
common standard platform of guidelines of accounting
rules, For financial accounting in the preparation
of financial statements Relevant to a particular
country or region. Most countries subscribe to
either the UK or USA’s GAAP;
Ø
In 2012 and 2013, the Financial Reporting Council (FRC)
revised Financial Reporting in –
Ø
The UK and the Republic of Ireland -;
Ø
The new UK GAAP will be effective on January 01,
2015
Ø
The new UK GAAP has Completely Replaced the
Preexisting Standards, with three New Financial
Reporting Standards (FRS), in line with -
Ø
The International Financial Reporting Standards (IFRS),
and are as follows:
Ø
FRS 100 - Application of Financial Reporting
Requirements;
Ø
FRS 101 - Reduced Disclosure Framework;
Ø
FRS 102 - The Financial Reporting Standard
Applicable in the UK and Republic of Ireland.
Ø
The new UK GAAP has Completely Replaced the
Preexisting Standards, with three New Financial
Reporting Standards (FRS), in line with -
Ø
The International Financial Reporting Standards (IFRS),
and are as follows:
Ø
FRS 100 - Application of Financial Reporting
Requirements;
Ø
FRS 101 - Reduced Disclosure Framework;
Ø
FRS 102 - The Financial Reporting Standard
Applicable in the UK and Republic of Ireland.
Ø
Although the Companies Act 1985 accorded it the
responsibility for the ‘Issuance’ of Accounting
Standards –
Ø
It had not assumed Responsibility for Development of
Accounting Standards until July 02, 2012.
Ø
During the preceding period, Accounting Standards
Board shouldered that Responsibility, the product of
which were the -
Ø
'Financial Reporting Standards' (FRSs)
Ø
The Financial Reporting Council (FRC) works,
collaboratively, with:
Ø
International Accounting Standards Board (IASB);
Ø
European Financial Reporting Advisory Group (EFRAG);
and
Ø
The International Forum of Accounting Standard
Setters (IFASS), -
Ø
Formerly, the National Standard Setters (NSS);
Ø
The International Forum of Accounting Standard
Setters (IFASS), is an Informal Group Of
Organisations,
Ø
With Biannual Meetings, –
Ø
Working with Public Interest ‘at heart’ - towards
the improvement of Financial Reporting.
Ø
In order for financial information to make sense,
accounting is based on 11 Key Accounting Concepts.
Ø
By using these concepts as the foundation, –
readers of financial statements and other accounting
information –
Ø
Do not need to make assumptions about what the
numbers mean.
Ø
By understanding and applying these principles –
Ø
You will be able to read, prepare, and compare
financial statements with clarity and accuracy.
Ø
The ethical practice of accounting mandates
reporting income as accurately as possible –
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And when there is uncertainty, choosing to err on
the side of caution.
Ø
In the USA, the two main organisations that govern
the accounting industry and monitor financial
reporting practices are:
Ø
Financial Accounting Standard Board (FASB) and
Ø
Security and Exchange Commission (SEC).
Ø
While the SEC is a State (US) Institution the FASB
is an independent self-regulating organization
(SRO).
Ø
Some countries such as South Africa are developing
their own GAAP;
Ø
Established by Statute, in 2011, the Financial
Reporting Standards Council (FRSC) replaced the
Accounting Practices Board;
Ø
It is a non-governmental establishment, whose
membership incorporate Accounting and Industrial
Sector representatives,
Ø
Is charged with the responsibility for the issuance
of South African GAAP (SA GAAP);
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GSM |
Global System for Mobile Communication |
It is a Second Generation (2G) Standard For Mobile
Digital Communication, that emerged in the early
190s. It is still in popular use, irrespective of
the move towards the 5th Generation
Mobile Communication (5G)
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ID and SD |
Instant Dismissal and Summary Dismissal
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Before attempting to define this concept, I would
like to remark that the legal terminology of summary
dismissal is thought by some prominent practitioners
to be nonexistent. This is mainly because they are
accustomed to the term 'instant dismissal'. Rather,
if there is anything that is nonexistent it would be
'instant dismissal'. Recently, a senior academic
colleague noticed an examination question requiring
postgraduate Employee Resourcing students to
distinguish between summary and instant dismissal.
He claimed that there was no such term as summary
dismissal. Because he was the second reader of the
paper, before it was sent off to the external
examiner, it was necessary for me to convince him
that it did exist. Fortunately, for me, I had an
appropriate text handy. Grasping the text,
page-marked, from me, he read with twisted brow.
Quite embarrassed at his misguided confrontation, he
walked away slowly without saying a word.
The similarity between the terms is that they mean
dismissal without notice. To distinguish between
them, 'instant dismissal' is illegal but 'summary
dismissal' is legal. We might assume instant
dismissal or summary dismissal based on two
fundamental questions:
Is the conduct of the employee of such that it would
have been unreasonable to expect the employer to
continue his or her employment for a period after
which termination becomes effective?
What procedure has been applied to the dismissal
without notice? For example, had the statutory
provision of the Employment Act 2002 for
grievance and disciplinary procedure been applied?
(see e.g. Willey, 2003).
Employers might assume summary dismissal but the
decision of an Employment Tribunal or Employment
Appeal Tribunal might either uphold or declare a
'dismissal without notice' unlawful. In this case,
it becomes instant dismissal or 'unlawful summary
dismissal'.
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IFRS |
International Financial Reporting Standards
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With numerous differing Accounting Standards,
reflected in National and Regional Generally
Accepted Accounting Principles (GAAP), it has been
difficult to establish true values, in relation to
an entity’s assets. These varied systems made the
calculation of financial risks, pertaining to
mergers, acquisitions and international portfolio
management extremely difficult. Consequently, it was
necessary to create a system with an International
Appeal, the result being the International Financial
Reporting Standard (IFRS), now adapted, adopted or
integrated all Developed Countries and most Emergent
and Developing ones. The following represents the
historical bases for IFRS.
In the USA, the two main organisations that govern
the accounting industry and monitor financial
reporting practices are:
Financial Accounting Standard Board (FASB) and –
The Security and Exchange Commission (SEC).
While the SEC is a State (US) Institution –
The FASB is an independent self-regulating
organization (SRO).
The FASB establishes the standards for the industry
know as the Generally Accepted Accounting Principles
(GAAP).
The standards that are enshrined in the Generally
Accepted Accounting Principles have been accepted by
the SEC, making it mandatory for US companies to
apply them
The FASB outlines procedures and rules that define
accepted accounting practice for financial reporting
Hence, both the FASB an the SEC may have been
inaccurately viewed as being interwoven
Hitherto these integration effort, different
countries adopted their own Accounting Standard,
For example, the Accounting Standards Board (ASB)
was the basis of the reporting standards and
principles for UK Domiciled Companies
The differentiated standards create problems for
several companies’ International Operation and
Local companies struggle to make sense of the
financial statements of their counterparts in other
countries
The establishment of the International Accounting
Standards Committee (IASC),
In London, in 1973, marked the beginning of effort
to forge an international standard of financial
reporting.
Although its work has not gone unrecognised, it was
superseded in its International Reporting
Convergence Role, by -
The International Accounting Standards Board (IASB),
However, the IASC still plays a key role in its
financial reporting convergence effort.
An independent, privately-funded accounting
standard-setter, it was established in London – in
2001
It is an offshoot of the International Accounting
Standards Committee Foundation (IASCF) –
As a not-for-profit corporation incorporated in the
US state of Delaware.
Thus, the IASC Foundation, an independent
organization has two main bodies:
The Trustees and the IASB, as well as a Standards
Advisory Council and –
The International Financial Reporting
Interpretations Committee (IFRIC).
The IASC Foundation’s Trustees appoint the IASB
members, exercise oversight and raise the funds
needed for the pursuance of its objectives,
However, the IASB has responsibility for setting
International Financial Reporting Standards (IFRS).
With the birth of the International Financial
Reporting Standards (IFRS) -
Several countries have either fully adopted the
standards or merged them with their pre-existing
ones
Since 2005 it has been a requirement for all
Publicly Traded EU companies to comply with the IFRS
standards (See IFRS Videos).
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PSA |
Production Sharing Agreement |
Also regarded as a Production Sharing Contract (PSC),
this is a type of agreement that a government might
sign with a Petroleum – Oil and Gas – Operator, with
the specification of the percentage of oil and gas,
or the revenue derived therefrom, that each will
receive, once production is in progress.
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SEC |
Securities and Exchange Commission |
The USA’s Accounting and Financial Regulatory Body,
responsible for ensuring that Standard Accounting
and Financial Regulations are adhered to. It
monitors and intervenes into the organisation and
operation of Financial Institutions, ensuring that
investors’ funds are protected, to a large extent,
and that the public, at large, is not being
exploited. It has been very vigilant on Insider
Trading.
The SEC has successfully brought prosecutions
against several Financial Schemes and Institutions
such as: Bernard
Madoff;
Countrywide Financial; Bank of America; Galleon
Group; New Century Financial Corporation; Goldman
Sachs; Citigroup; Palisades Asset Management
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SORP |
Statement of Recommended Practice |
This is a term which is generally used by
Professional and Regulatory Bodies, as a guide or
Mandatory Requirement for practitioners. Several
SORPS are, for example, associated with the UK and
USA GAAP, issued by the Financial Reporting Council
(FRC) and
Financial Accounting Standard Board (FASB),
respectively. While these are independent
Professional ‘Self Regulating Bodies’, their SORPS
are generally accepted and enforced by ‘Regulatory
Bodies’ such as the USA’s Security and Exchange
Commission (SEC). |
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