A6: Professional Responsibilities, Audit Documentation, Effect of IT & Gov't Auditing Flashcards
Code of Conduct
-distinguishing mark of profession that accepts responsibility towards the public
AICPA Code of Professional Conduct
- governs any service a member of the AICPA provides
- independence applies only to auditing and other attestation services
AICPA Independence: General Rules
- not required for compilations (disclose in report) and nonattestation (advisory/tax) services
- apply to covered persons: audit team, partners in office, partners/managers providing nonattest services to attest client, firm itself, anyone who can influence attest engagement (chain of command)
- generally also applies to immediate family (spouse and dependents)
- independence in mind and of appearance
AICPA Independence: Financial Interests
- impaired if: direct financial interest or material indirect financial interest (eg, thru mutual fund), member or immediate family has loan to/from client, receipt of more than a token gift
- okay if in ordinary course of business: fully collateralized car loan, cash advance/credit card balance no more than 10K, fully insured bank account, passbook loan
AICPA Independence: Employment Relationships
- client to CPA firm: impair if participate on engagement team or able to influence engagement when engagement covers any of period of employment with client
- immediate family to client: impair if spouse/ dependent in key position w client (eg, internal audit)
- CPA to client: impair if leave firm and employed by client in key position (unless no longer able to influence CPA firm business decisions and amounts due to CPA are immaterial to the firm)
- job offer: impair if member of engagement or chain of command over it seeking employment or offered employment w client
AICPA Independence: Business Relationships
- impair if make management decisions for attest client
- okay if honorary trustee for nonprofit, or member of same trade association
- impair if: overdue fees unpaid for one year (must be paid before issuance of report for following year) or actual/threatened litigation (unless immaterial amount unrelated to attestation service)
AICPA General Standards
Professional Competence: technical qualifications, supervise and evaluate staff, knowledge of subject matter (or ability to obtain)
Due Professional Care: skill commonly possessed by others in field, reasonably prudent accountant
Accounting Principles: GAAP should be followed, departure justified if compliance would be misleading (eg, new law or new type of transaction)
AICPA: Confidential Information
- general rule: no disclosure w/o client permission
- may disclose name of client unless would indicate financial problem of client
- exceptions: subpoena/summons, peer review, ethics board, your own defense team when client suing you
AICPA: Contingent Fees
- generally not allowed
- permitted if fixed by courts (tax/bankruptcy courts)
AICPA: Discreditable Acts
- failure to return records to client after demand
- solicitation/disclosure of CPA exam questions or answers
AICPA: Advertising/Commissions
- ads permitted but not false/misleading/ deceptive (eg, false expectations, underestimated fees)
- may not refer product/service for commission to audit or attestation client (or compilation used by third parties when lack of independence not disclosed)
- must disclose commissions/referral fees otherwise permitted
AICPA: Firm Name/Organization
- if “AICPA” or “CPA” all must be AICPA members or CPAs
- can’t use misleading name: if all partners but one leave/die, must continue to use partnership name for 2 years as sole proprietor
- CPA firm must be majority owned by CPAs
Sarbanes-Oxley: PCAOB
- regulate firms auditing issuers, prep rules for issuer audit reports
- annual inspections of firms audited over 100 issuers, otherwise every 3 years
- issuer auditors must register w/ PCAOB
- must maintain audit documentation for 7 years
- second partner review of all issuer audit reports
Sarbanes-Oxley: Independence
- issuer auditor may not do must non-audit services (pre-approved tax services okay)
- audit and non-audit services pre-approved by audit committee
- lead and reviewing partner rotate off audit after 5 years
- one year cooling off: can’t have employed issuer’s CEO/CFO/Controller/Chief Accountant for 1 year before audit
Sarbanes-Oxley: Enhanced Disclosures
-off-balance sheet transactions, related party transactions, mgt assessment of internal controls (CPA reports of such assessment), officer code of ethics, audit committee financial expert
SEC: Independence
- impaired by: direct or material indirect investments/business relationships, contingent fee/commission arrangements, failure of audit committee to oversee engagement (ie, pre-approval of services – no preapproval of non-audit services less than 5% of total revenues if approved before audit completion)
- lead and concurring partner rotate off after 5 years (5 year time out), other partners rotate off after 7 years (2 year time out)
PCAOB: Independence
- may not provide tax services for confidential/ aggressive tax transactions or corporation officers
- discuss independence w/ audit committee before initial engagement and annually thereafter
Department of Labor
- independence was opinion on employee benefit plan
- impaired when: direct or material indirect financial interest in plan or sponsor, maintain financial records for plan
- okay if: former plan/sponsor employee works for CPA (disassociated from old firm and not participation in audit of F/S for any period of prior employment), CPA engaged by sponsor during period of engagement w/ plan, actuary associated w/ CPA gave services to plan
State CPA Boards
- sole power to license
- disciplinary power: misconduct while performing accounting services, misconduct outside scope of accounting services, criminal conviction
AICPA and State Boards
- joint ethics enforcement program: share information
- AICPA can sanction members, only state boards can suspend/revoke license
SEC penalties
- censure/suspend/revoke right to practice before SEC
- cease and desist orders