2 Professional Responsibilities Flashcards
What is the AICPA Code of Professional Conduct?
It governs the performance of professional responsibilities by members of the American Institute of Certified Public Accountants (AICPA).
What are the principles of the AICPA’s Code of Professional Conduct?
- Responsibilities
- The public Interest
- Integrity
- Objectivity and Independence
- Due Care
- Scope and Nature of Services
What is the principle of responsibility?
All members should exercise sensitive professional and moral judgments when carrying out their professional responsibilities.
What is the principle of the public interest?
All members should act to benefit the public interest, honor the public trust, and demonstrate commitment to professionalism..
What is the principle of Integrity?
All members should perform all professional responsibilities with the highest sense of integrity to maintain public confidence. This requires a member to be honest and candid within the limits of client confidentiality.
What is the principle of objectivity and independence?
All members should maintain objectivity and be free of conflicts of interest. Objectivity is a state of mind that lends value to a member’s services and is a distinguishing feature of the profession.
- a member must be impartial, intellectually honest, and free of conflicts of interest
- a member in public practice should be independent in fact and appearance when providing attestation services.
- a member not in public practice need not be independent
What is the principle of due care?
All members hould:
- follow the profession’s technical and ethical standards
- strive for improved competence and quality services
- discharge professional responsibility to the best of their ability
What is the principle of due care?
All members hould:
- follow the profession’s technical and ethical standards
- strive for improved competence and quality services
- discharge professional responsibility to the best of their ability
What is the principle of scope and nature of services?
A member in public practice should follow the principles of the Code of Professional Conduct in determining the nature and scope of services.
This is for members in public practice only
What are the Rules of Conduct that apply to members in public practice?
- integrity and objectivity
- independence
- general standards
- compliance with standards
- accounting principles
- acts discreditable
- contingent fees
- commissions and referral fees
- advertising and other forms of solicitation
- confidential client information
- form of organization and nature
These rules also apply to members in business
What are considered professional services?
All services requiring accounting and related skills that are:
- performed for a client
- performed for an employer
- performed as a volunteer
What are considered professional services?
All services requiring accounting and related skills that are:
- performed for a client
- performed for an employer
- performed as a volunteer
Who issues interpretations?
The AICPA’s Professional Ethics Executive Committee provide guidelines for the scope and application of the Rules but do not limit their scope or application.
- Interpretations are enforceable because they guide implementation of the Rules
- A member who departs from an interpretation must justify such action in any disciplinary hearing
Who issues interpretations?
The AICPA’s Professional Ethics Executive Committee provide guidelines for the scope and application of the Rules but do not limit their scope or application.
- Interpretations are enforceable because they guide implementation of the Rules
- A member who departs from an interpretation must justify such action in any disciplinary hearing
When should a member consult the conceptual framework for members in public practice section of the code?
Whether or not the member is in business, the conceptual framework is applied when a member is confronted with a professional responsibility issue for which no specific rule governs.
What are the steps in the conceptual framework?
- Identify threats
- Evaluate the significance of a threat
- Identify and apply safeguards
What are threats?
Relationships or circumstances that a member encounters in various engagements and work assignments that may compromise compliance with the rules.
What is evaluating the significance of a threat?
In evaluating the significance of an identified threat, the member should determine whether a threat is at an acceptable level. A threat that is an acceptable level when a reasonable and informed third party who is aware of the relevant information would be expected to conclude that the threat would not compromise the member’s compliance with the rules.
What is identifying and applying safeguards?
If, in evaluating the significance of an identified threat, the member concludes that the threat is not an acceptable level, they should apply safeguards to eliminate the threat or reduce it to an acceptable level.
What are the 7 types of threats?
- Adverse interest threat
- Advocacy threat
- Familiarity threat
- Management participation threat
- Self-interest threat
- Self-review threat
- Undue influence threat
What are the 7 types of threats?
- Adverse interest threat
- Advocacy threat
- Familiarity threat
- Management participation threat
- Self-interest threat
- Self-review threat
- Undue influence threat
What is an adverse interest threat?
A member may not act with objectivity because his or her interests are opposed to the client’s interests.
What are examples of adverse interest threats?
- a client has expressed an intention to commence litigation against the member
- a client or offier, director, or significant shareholder of the client participates in litigation against the member’s firm
- a subrogee (an insurer) asserts a claim against the member’s firm for recovery of insurance payments made to the client.
- a class action lawsuit is filed against the client and its officers and directors as well as the firm and its professional accountants
What are examples of adverse interest threats?
- a client has expressed an intention to commence litigation against the member
- a client or offier, director, or significant shareholder of the client participates in litigation against the member’s firm
- a subrogee (an insurer) asserts a claim against the member’s firm for recovery of insurance payments made to the client.
- a class action lawsuit is filed against the client and its officers and directors as well as the firm and its professional accountants
What is an advocacy threat?
A member may promote a client’s interests or position to the extent that his or her objectivity or independence is compromised.
What are examples of advocacy threats?
- a member provides forensic accounting services to a client in litigation or a dispute with third parties
- a firm acts as an investment adviser for an officer, a director, or a 10% shareholder of a client
- a firm underwrites or promotes a client’s shares
- a firm acts as a registered agent for a client
- a member endorses a client’s services or products
What are familiarity threats?
Due to a long or close relationship with a client, a member may become too sympathetic to the client’s interests or too accepting of the client’s work or product.
What are example of familiarity threats?
- a member’s immediate family or close relative is employed by the client
- a member’s close friend is employed by the client
- a former partner or professional employee joins the client in a key position and has knowledge of the firm’s policies and practices for the professional services engagement
- senior personnel have a long association with a client
- a member has significant close business relationship with an officer, a director, or a 10% shareholder of a client
What is the management participation threat?
A member may take on the role of client management or otherwise assume management responsibilities, during an engagement to provide nonattest services.
What is the self-interest threat?
A member may benefit, financially or otherwise, from an interest in, or relationship with, a client or persons associated with the client.
What are examples of self- interest threats?
- a member has financial interest in a client and the outcome of a professional services engagement may affect the fair value of that financial interest.
- the spouse of a member enters into employment negotiations with the client
- a firm enters into a contingent fee arrangement for a tax refund claim that is not a predetermined fee
- excessive reliance on revenue from a signle client exists
What are self-review threats?
A member may benefit, financially or otherwise, from an interest in, or relationship with, a client or persons associated with the client.
What are examples of self-review threats?
- a member relieson the work product of the member’s firm
- a member performs bookkeeping services for a client
- a partner in a member’s office was associated with the client as an employee, an officer, a director, or a contractor
What is are undue influence threats?
A member may subordinate his or her judgment to an individual assiciated with a client or any relevant third party due to an individual’s:
- reputation or expertise
- aggressive or dominant personality
- attempts to coerce or exercise excessive influence over the member
What are examples of undue influence threats?
- a firm is threatened with dismissal from a client engagement
- a client indivates that it will not award additional engagements to a firm if the firm continues to disagree with the client onan accounting or tax matter
- an individual associated with a client or any relevant third party threatens to withdraw or terminate a professional service unless the member reaches certain judgments or conclusions
What are safeguards?
Safeguards may partially or completely eliminate a threat or diminish the potential influence of a threat.
What are the 3 categories of safeguards?
- Safeguards created by the profession, legislation, or regulation
- Safeguards implemented by the client
- Safeguards implemented by the CPA firm
What are examples of safeguards created by the profession, legislation, or regulation?
- education and training requriements on independence and ethics rules
- external review of a firm’s quality control system
- legislation establishing prohibitions and requrements for a firm or a firm’s professional employees
- professional resources, such as hotlines, for consultation on ethical issues
What are examples of safeguards created by the profession, legislation, or regulation?
- education and training requriements on independence and ethics rules
- external review of a firm’s quality control system
- legislation establishing prohibitions and requrements for a firm or a firm’s professional employees
- professional resources, such as hotlines, for consultation on ethical issues
What are examples of safeguards implemented by the client?
- tone at the top emphasizes the client’s commitment to fair financial reporting and compliance
- policies and procedures are in place to address ethical conduct, or achieve fair financial reporting and compliance with the applicable laws, rules, regulations, and corporate governance policies.
- a governance structure, such as an active audit committee, is in place to ensure appropriate decision making
What are examples of safeguards implemented by the CPA firm?
- firm leadership stressing the importance of complying with the rules and the expectation that engagement teams will act in the public interest
- policies and procedures designed to implement and monitor engagement quality control or promote appropriate professional conduct
- someone from senior management designated as the person responsible for overseeing the firm’s quality contorl system and ensuring it is functioning adequately
- a disciplinary mechanism designed to promote compliance with policies and procedures
What is the conceptual framework for members in business?
This section of the code should be consulted by members in business whether or not they are in public practice.
What are the 3 steps of the conceptual framework for members in business?
- identify threats
- evaluate the significance of a threat
- identify and apply safeguards
What are types of safeguards for a member in business?
- safeguards created by the profession, legislation, or regulation
- safeguards implemented by the employing organization
What are examples of safeguards created by the profession, legislation, or regulation for members in business?
- education and training requirements for ethics and professional responsibilities
- legislation establishing prohibitions and requirements for entities and employees
- competency and experience requirements for professional licensure
What are examples of safeguards created by te employing organization for members in business?
- tone at the top emphasizing a commitment to fair financial reporting and compliance with applicable laws, rules, regulations, and corporate governance policies
- policies and procedures addressing ethical conduct and compliance with applicable laws, rules, and regulations
- human resource policies and procedures safeguarding against discrimination or harassment, such as those related to a worker’s religion, sexual orientation, gender, or disability
- policies and procedures for implementing and monitoring ethical policies
What are examples of knowing misrepresentations in preparation and presentation of information?
- Knowingly making materially false and misleading entries in fiancial statements or records
- Failing to correct materially false or misleading statements or records when the member has such authority
- Signing a document with materially false and misleading information
Members may be associated with misleading information, what should members consider?
- Consulting the employing organization’s policies and procedures (Ex - ethics or whistleblowing policy) regarding how such matters should be addressed internally
- Discussing concerns with the 1) member’s supervisor, 2) management, or 3) those charged with governance
What should a member consider if appropriate corrective action is not taken regarding misrepresented or misleading information?
- Consulting with a relevant professional body or the employing organization’s internal auditor or external accountant
- Determining whether any requirements exist to communicate to third parties, including users, external accountants, or regulators
- Consulting legal counsel regarding the member’s responsibilities
What should a member do if, after exausting all feasable options, the member determines appropriate action has not been taken regarding misrepresented or misleading information?
The member should refuse to be or to remain associated with the information.
Can conflicts of interest be permitted?
Yes, in certain circumstances if disclosure is made to, and consent is obtained from, the appropriate parties.
Can conflicts of interest be permitted?
Yes, in certain circumstances if disclosure is made to, and consent is obtained from, the appropriate parties.
Can an independence objection be overcome by disclosure and consent?
No
What are examples of conflicts of interest?
- Performing litigation services for the plaintiff when the defendant is a client.
- Representing two clients in the same matter at the same time who are in a legal dispute.
- Suggesting that a client invest in a business in which the member has an interest.
- Providing tax or personal financial planning services to family members with conflicting interests
- Providing services to a seller and a buyer in the same transaction
EX - divorce or dissolution of a partnership
What are a member’s obligation to the employer’s external accountant?
A member in business must be candid and not knowingly misrepresent facts or fail to disclose material facts.
If a member and their supervisor or any person within the organization have differences of opinion, and the member concludes that the position taken by others is not in compliance but does not result in a material misrepresentation of fact or violation of laws or regulations are the threats considered significant?
No
What should the member consider if, after discussing with the supervisor, the difference of opinion is not resolved with higher levels of mangement?
- Determining whether any additional reporting requirements exist
- Consulting legal counsel
- Documenting his or her understanding of the issues and the nature of the discussions.
What should the member do, if a difference of opinion and they conclude that an appropriate action was not taken and a material misrepresentation of fact or violation of laws or regulations exist?
The member should consider ending his or her relationship with the member’s organization and take appropriate steps to eliminate his or her exposure to subordination of judgment.
What are examples of other issues related to integrity and objectivity?
- A member is required to disclose the use of a third-party service provider when offering professional services. If the client objects, the third-party service provider may not be used.
- A member in business must act with objectivity and integrity when providing educational services, such as teaching and research.
- A member should consider the risks to integrity and objectivity when providing services related to client advocacy
- A member should not allow pressure from others to result in a breach of the integrity and objectivity rule. A member should also not place pressure on others to breach the rule.
What is the independence rule?
A member in public practice must be independent when performing professional services as required by standards issued by bodies designated by the AICPA Council.
What are the bodies designated by the AICPA council to issue standards?
- The AICPA
- The Securities and Exchange Commissoin (SEC)
- The Public Company Accounting Oversight Board (PCAOB)
- The Government Accountability Office (GAO)
- The Department of Labor (DOL)
As defined by the professional ethics executive committee, a member must have independence of mind and independence in appearance, what does that mean?
- Mind - The member must intellectually honest
- Appearance - The member must be free of any obligation to, or interest in, the client, management or owners
What is independence of mind (fact)?
Permits a member to perform an attest service without being affected by influences that compromise professional judgement, thereby allowing an individual to act with integrity and exercise objectivitiy and professional skepticism.
What is independence in appearance?
The avoidance of circumstances that would cause a reasonable and informed third party who has knowledge of all relevant information, including the safeguards applied, to reasonably conclude that the integrity, objectivity, or professional skepticism of a firm or a member of the attest engagement team is compromised.
Independence is impaired if a covered member has certain interests or relationships, a covered member includes?
- An individual on the attest engagement team
- An individual who can influence the engagement
- A partner (or equivalent) or manager who provides more than 10 hours of nonattest services to a client
- A partner (or equivalent) in the office where the lead engagement partner primarily practices in relation to the engagement
- The accounting firm, including the firm’s employee benefit plans
- An entity whose policies can be controlled by the foregoing parties, alone or acting together.
In general, the definition of covered members includes those in a positi
When is independence impaired?
If a covered member has any direct financial interest in an attest client during the period of the engagement.
The restriction includes the covered member’s immediate family (spouse and dependents)
What is financial interest?
A financial interest is ownership in an equity or debt security issued by an entity, including an option or derivative.
What is a direct financial interest?
A financial interest is direct if it is based on direct ownership, control or beneficial ownership through an intermediary (Ex - estate trust, or investment vehicle controlled by the beneficiary).
What are types of direct financial interests?
When a covered member:
1. owns shares in a mutual fund that is an attest client
2. participates in an employee benefit plan sponsored by an attest client
3. owns bonds issued by an attest client
4. owns a prepaid (529) tuition plan administered by an attest client
5. owns shares of a client that are held in a blind truest for the covered member, if the member has various rights, such as the power to amend or revoke the trust or to control the trust
An unsolicited financial interest in a client, such as through a gift or inheritance, does not impair independence if dosposed within 30 days
Is independence impaired if a covered member has a loan?
Yes, if a covered member has a loan to or from an attest client, or its officers, directors, or owners (10% or greater), during the period of the engagement with certain exceptions.
A covered member must not borrow money from an attest client
Independence is impaired if a covered member has loans, what are the exceptions to this?
- Independence is not impaired by vertain loans from a client financial institution:
1. auto loans and leases collateralized by the auto
2. loans fully collateralized by the cash surrender value of insurance cash deposits
3. credit cards with a total outstanding balance of $10k or less on a current basis by the payment due date. - Certain loans that are considered “grandfathered” because they were in existence before independence rules became more restrictive
Can independence be impaired if a covered member has a material indirect financial interest in an attest client during the period of engagement?
Yes
What are the indirect finanial interests that a covered member may have?
A covered member (and his or her immediate family) may have some limited financial interests in clients as long as they are:
- Not direct
- Not material to the wealth of the member or the client.
When can a covered member or spouse have interest in a mutual fund?
A covered member or spouse may own shares in a mutual fund that holds shares of a client if the mutual fund investment is not material to the member. Ownership of 5% or less of the shares of a diversified mutual fund indicates an immaterial, indirect financial interest in the underlying investments of the mutal fund.
In certain circumstances, independence may be impaired if a covered member is a trustee of a trust or executor of an estate that has a direct or material indirect financial interest in an attest client during the period of engagement. In this situation, when is independence impaired?
If the covered member is in a position to make decisions related to the trust or estate that involves investments or other financial interests in clients.
What are examples of actions, regarding trusts and estates, causing independence impairment?
The independence is impaired if:
1. The member can make investment decisions for the trust or estate
2. The trust or estate holds more than 10% of the ownership interests of a client
3. The value of the holding exceeds 10% of the total assets of the trust or estate
What are examples of actions, regarding trusts and estates, causing independence impairment?
The independence is impaired if:
1. The member can make investment decisions for the trust or estate
2. The trust or estate holds more than 10% of the ownership interests of a client
3. The value of the holding exceeds 10% of the total assets of the trust or estate
What are joint, closely held investments?
A joint, closely held investment is an investment in property or an entity by a member and a client (or officer, director, or owner who has significant influence over the client) that gives them control of the property or entity.
Independence is impaired if a covered member has a material joint, closely held investment with an attest client during the period of engagement.
What are prohibited investments?
A covered member must not:
- Join with a client to develop and market a product
- Own a vacation home jointly with a key officer or principal shareholder of a client.
Some members of a CPA firm, other than covered members, may have certain financial interests in clients without affecting the independence of the firm. When is independence impaired?
Independence is impaired if a firm partner or professional employee owns more than 5% of an attest client during the period of engagement.
A partner must not have equity interest in a client of the firm
What is a professional employee?
An employee in the office that conducts an audit, who is not part of the engagement team
When is independence impaired regarding simultaneous employment or association with an attest client?
Simultaneous employment or association with an attest client of a partner or professional employee of the member’s firm impairs independence if the service is:
- As an employee, director, officer, member of management, etc.
- During the period of the financial statement or the engagement
The partner or professional employee must not appear to be acting in the capacity of management or employee of the client. This status includes having the responsibility to perform any duties of employees or management.
When is independence impaired regarding service as a campagin treasurer?
If the campaign organization is an attest client, during the period of professional engagement, a professional employee of the firm serves as a campaign treasurer.
Independence is not impaired if the attest client is a third-party, ex- the city or political party, and not the candidate
When is independence impaired regarding service as a campagin treasurer?
If the campaign organization is an attest client, during the period of professional engagement, a professional employee of the firm serves as a campaign treasurer.
Independence is not impaired if the attest client is a third-party, ex- the city or political party, and not the candidate
When is independence impaired regarding the former employment or association of a covered member with an attest client?
If the covered member was formally employed or associated with attest client as an officer, director, promoter, underwriter, etc.
What must a covered member do, in regards to former employment or association, before becoming a covered member?
- They must disassociate from the client before becoming a covered member
- They must not participate on the engagement team
- They must not be able to influence the engagement when their former employment or association overlaps the period of engagement.
- They must dispose of direct or material indirect financial interests
- They must cease to participate in most employee benefit plans