Chapter 5 - Principles Of Professional Ethics Flashcards

1
Q

What are ethics?

A

These are the moral principles or standards that govern the conduct of the members of that organisation.

Members of professional bodies are expected to maintain the standards of their organisation. As a part of this they are expected to behave in a professional and ethical manner. Within three published rules of most professional organisations there will be sections covering professional ethics.

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2
Q

Professional ethics and the accounting profession

A

As a professional body AAT has published the code of professional ethics which has been designed to help its members maintain the high standard of professionalism. The aat code is based on IESBAs code of ethics. IESBA is the independent standard setting board responsible for setting global ethical standards for accountants.

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3
Q

To whom does the aat code apply?

A

The aat code of professional ethics applies to all student members of AAT.

Members of the accounting profession will decide to set themselves up in practice or they might continue to be employed. The AAT has recognised this and has separated the code into three consecutive parts:

Part A applies to all members

Part B applies to members in practice (works in an accounting practice)

Part C applies specifically to members in business

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4
Q

Fundamental ethical principles

A

A professional accountant is required to comply to comply with the five fundamental principles.

These fundamental principles can be remembered using the letters PPCIO which stands for popular people chat in offices

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5
Q

Integrity

A

Integrity is the quality of being honest and having strong moral principles that you refuse to compromise. An accountant should be straightforward and honest in all professional and business relationships. There are three key ethical values to integrity: honesty, transparency and fairness.

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6
Q

Objectivity

A

A person who is objective is someone who based their opinions and decisions on real facts and is not influenced by personal beliefs or feelings.

Independence goes hand in hand with objectivity. In order to act in a professional and ethical manner the accountant must not be influenced by pressure and must remain independent, therefore protecting their principle of objectivity.

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7
Q

Appearing to be objective

A

An accountant must ensure that they are seen to be objective. This means that any reasonable person who comes into contact with the accountant must be confident they always behave independently.

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8
Q

Professional competence and due care

A

Professional competence means professional accountants have a duty to keep themselves up to date with developments in the accounting profession. The way in which they are expected to do this is by completing continuing professional development (CPD) on a regular basis.

Due care means that when carrying out an assignment an accountant must always take the appropriate amount of care to ensure that the quality of the work performed meets the high standards expected of the accounting profession. Accountants must be very careful to ensure that they carry out their work to the required standard and take care when clients are unfamiliar with anything to do with accounting or taxation.

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9
Q

Confidentiality

A

Information obtained by an accountants professional work should not be disclosed without proper and specific authority or unless there is a legal duty to do so.

Using confidential information - accountants must ensure that they do not use any information that they have access to for their own personal advantage or for the advantage of a third party. Eg colleague, friend or family member

Accountants also must not appear to use information that they have gained for their own personal advantage or a third party.

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10
Q

The ongoing duty of confidentiality

A

This duty of confidentiality extends to the period after the relationship has ended. This means that any information that the accountant gains in the professional work they carry out for a client remains confidential even after the accountant is no longer employed by the client.

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11
Q

Disclosure of confidential information

A

These are the circumstances where confidential information can be disclosed. There are three main situations where it is acceptable:

When authorised by the client or employer

When disclosure is required by law

Where there is a professional duty to disclose

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12
Q

A professional duty to disclose

A

An accountant may have a professional duty to disclose confidential information. These circumstances are summarised below:

To comply with the quality review of an IFAC member body or other relevant professional body’s

To respond to an inquiry by the professional accounting body of an ethical, investigatory or disciplinary nature

To protect the professional interests of the accountant in legal proceedings

To comply with technical standards and ethical requirements

Accountants are advised to seek professional or legal advice before disclosing if they are in any doubt

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13
Q

The decision to disclose

A

There are three points which must be considered before making a disclosure:

The accountant must decide whether they know all the facts regarding the issue and has enough evidence to back these facts up. If they do not have enough evidence they must use their professional judgment to decide to what extent the confidential information can be disclosed.

The accountant must decide who is the right persons to whom this information should be disclosed and how it should be communicated.

Finally the accountant must consider whether they would face any legal consequences from disclosing confidential information

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14
Q

Data protection

A

Sometimes when an accountant is dealing with financial accounting information they may be faced with a conflict between their compliance with the fundamental ethical principle of confidentiality and compliance with data protection laws. If there is any uncertainty the accountant should seek advice from an expert before disclosing confidential information.

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15
Q

Professional behaviour

A

Accountants should adopt professional behaviour to comply with relevant laws and regulations and avoid any action that brings our profession into disrepute.

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16
Q

Internal disciplinary procedures by an employer

A

The employer may bring disciplinary procedures against accountants. These Disciplinary procedures should be formally documented but will normally include some or all of the following stages:

A verbal warning

A written warning

A disciplinary hearing

The opportunity to appeal

Suspension from work

Dismissal

The extent of the disciplinary action will depend on the seriousness of the breach.

17
Q

Disciplinary action by professional accounting bodies

A

Disciplinary action for misconduct can be taken by the individual accounting bodies and also by the financial reporting council. Misconduct falls into two main categories:

Bringing the accounting profession into disrepute

Acting in breach of the rules and regulations of the accountants professional body

Depending on the severity of the misconduct the accountant could face any of the following penalties:

Be required to give a written undertaking to refrain from repeating the misconduct

Fined a sum of money

Reprimanded

Be declared ineligible for a practicing license

Have their practicing licence withdrawn

Have their membership suspended

Be expelled from the professional accounting body

18
Q

Professional scepticism

A

Professional scepticism is an attitude that includes the following:

A questioning mind - asking questions until satisfied that the information is correct

Being alert to conditions which may indicate possible misstatement due to error or fraud

Making critical assessment of the evidence that is provided

19
Q

Fraud and bribery

A

Fraud can be defined as wrongful or criminal deception intended to result in financial or personal gain.

The fraud act 2006 defines three classes of fraud:

Fraud by false representation

Fraud by failing to disclose information

Fraud by abuse of position

Bribery is defined as giving or receiving something of value with the intention of influencing the recipient to do something favourable to the giver of the bribe

The Bribery act 2020 covers the criminal law relating to bribery.

The person who is willing to accept the inducement can also be prosecuted under the bribery act. The four key bribery act offences are:

Bribing another

Receiving a bribe

Bribing a foreign official

Failing to prevent bribery

The maximum penalty of a person is found guilty of the offence is 10 years imprisonment and/ or an unlimited fine with also the potential for property to be confiscated.

An accountant must be very careful to not allow the actions of a client or an employer to compromise their objectivity. Professional scepticism is key for an accountant when exercising their professional judgment to ensure that there is no financial gain for their employer or for them personally.