7. compliance with ethical requirements Flashcards
What happens if law prevents from complying any provision?
If the law prevents from complying any provision of code, the law prevails.
If the auditor believes in a specific case that complying code will not be in the public interest, he shall consult a professional or a regulatory body.
What is integrity?
Integrity means truthfulness and fair dealings. A CA should be straightforward and honest in all business and personal relationships.
Which things a CA should not be associated with?
A CA shall not be associated with any reports, returns, or other communication if he believes that these:
omit necessary information
are false, misleading or prepared recklessly.
If a CA becomes aware of being associated, he should take steps to disassociate himself from that information.
Explain objectivity?
Objectivity means not to compromise professional judgments because of:
undue influence of others or
bias or
conflict of interest.
A CA shall not perform a service if a relationship or circumstance may unduly influence his judgment.
What is confidentiality?
A CA shall ensure the confidentiality of information acquired in the course of business or professional relationship.
He shall not disclose this information to any third party or use it for personal or third party’s benefit. He should also ensure that individuals working under him ensure confidentiality of information.
What does the confidentiality principle apply to?
It applies to information acquired from ex-clients and prospective clients. It also applies within the firm and in social environment.
When confidential information may be disclosed?
If the disclosure is:
authorized by client
required by law/court
When there is professional right or duty to disclose.
What are the factors to consider while disclosing confidential information?
The following factors:
whether the interest of third party could be harmed
whether all information is known and substantiated
the proposed type of communication
who are the addresses and whether they are appropriate recipients or not.
What does professional competence and due care require?
It requires:
to attain and maintain professional knowledge and skills at all the levels
to act diligently
In complying with this principle, a CA shall ensure proper training and supervision of staff and make the clients aware of inherent limitations of this service.
What is professional behavior?
A chartered accountant should:
comply with all relevant laws and regulations
and avoid actions that may discredit the information.
What is the approach of Code of Ethics?
- Identify threats to compliance with fundamental principles
- Evaluate threats
- Apply safeguards to eliminate or reduce threats to an acceptable level
What is self-interest threats?
Threat that judgment or behavior of a team member will be inappropriately influenced by financial interest held by that team member.
What is familiarity threat?
Threat that an assurance team member will be too sympathetic to the interest of client or too accepting work of client because of long or close relationship.
Define:
Self-review threat
Intimidation threat
Advocacy threat?
Self -review: Threat that an assurance team member will not appropriately evaluate result of previous work performed by himself or another member of his firm.
Intimidation: Threat that an assurance team member is deterred from acting objectively because of threats, undue influence or pressure.
Advocacy: Threat that an assurance team member will promote client’s position on a matter and compromise his own objectivity.
What are the relevant factors to be considered while evaluating the threats?
CA should consider quantitative and qualitative factors in evaluating threats. Certain policies and procedures established by the profession can help to identify and evaluate threats.
For Example:
corporate governance requirements.
educational, training and experience requirements
effective complaint systems
professional monitoring
How to address the threats?
CA shall:
apply safeguards to reduce the threats to an acceptable level OR
eliminate the circumstances that are creating the threats OR
decline the engagement.
What are the advantages of professional skepticism?
It helps in achieving:
professional competence and due care
integrity
objectivity.
What happens when fee less than predecessor auditor is offered?
CA should not accept fee lower than the previous auditor unless scope and quantum or work is materially different from pervious year.
Level and nature of fee creates Self-interest threat. So we can evaluate the threat knowing whether the client is aware of terms of engagement or whether the fee is set by an independent third party.
Safeguards:
Adjust level of fees or scope of engagement
Appoint appropriate reviewer
What would happen if there is overdue fee?
In case of initial audit, the predecessor auditor’s fee should be paid before the acceptance of engagement.
In case of recurring audit, self-interest threat is created if a significant part of fee has not been paid before issuance of next year’s audit.
What are the safeguards for overdue fee?
Safeguards:
Obtain partial payment of overdue fee.
Appoint appropriate reviewer who did not take part in engagement for advice.
If the significant part remains unpaid for a long period of time, then the firm shall determine:
whether this amount is equal to loan
or it is appropriate to continue engagement or to be re-appointed.
What is contingent fee? Why is it not allowed?
Contingent fee means the fee based on outcome. A fee will not be regarded as being contingent if established by court or other public authority.
This creates self-interest threat and it is of the level that no safeguard can reduce it to an acceptable level.
Contingent fee is not allowed for assurance engagement and for non-assurance engagement.
What happens in case of compensation?
A self-interest threat is created if an audit team member is evaluated or compensated on the basis of selling non-assurance services to audit client.
Actions to be taken:
Revise the compensation plan
Remove the individual from audit team
What are the examples of inducements?
Inducements can be in different forms: Gifts, hospitality, entertainment, donations, appeals to friendships, etc
Explain threats and safeguards which arise from inducements?
Threats:
Self interest, familiarity or intimidation threat.
Safeguards:
Offer of discount should not be accepted.
Offer should be disclosed to senior management of the firm and documented.
If the offer is accepted by the team member:
Inducement or its cost should be returned
Team member should be removed and his work should be reviewed.