Ethics, Professional Responsibilites Flashcards
Which of the following statements best explains why the CPA profession has found it essential to promulgate ethical standards and to establish means for ensuring their observance?
A distinguishing mark of a profession is its acceptance of responsibility to the public.
Observing ethical standards shows the public that CPAs are more concerned than are most professions with working in an ethical and trustworthy fashion.
AICPA’s Code of Professional Conduct (3 parts)
Part 1 applies to members in public practice (MIPP)
Part 2 applies to members in busines (MIB)
Part 3 applies to other members (OM)
Members serving in multiple roles should choose the most restrictive applicable provisions.
Principles of Professional Conduct (6) call for:
“an unswerving commitment to honorable behavior, even at the sacrifice of personal advantage”
- Responsibilities
- Public Interest
- Integrity
- Objectivity and independence
- Due care
- Scope and Nature of services
Principles of Professional Conduct (6):
- “Responsibilities principle. In carrying out their responsibilities as professionals, members should exercise sensitive professional and moral judgments in all their activities.”
- “Public Interest principle. Members should accept the obligation to act in a way that will serve the public interest, honor the public trust, and demonstrate a commitment to professionalism.”
- “Integrity principle. To maintain and broaden public confidence, members should perform all professional responsibilities with the highest sense of what is right and just”
- “Objectivity and Independence principle. A member should maintain objectivity and be free of conflicts of interest in discharging professional responsibilities. A member in public practice should be independent in fact and appearance when providing auditing and other attestation services.”
- “Due care principle. A member should observe the profession’s technical and ethical standards, strive continually to improve competence and the quality of services, and discharge professional responsibility”
- “Scope and nature of services principle. A member in public practice should observe the Principles of the Code of Professional Conduct in determining the scope and nature of services to be provided.”
threats-and-safeguards Conceptual Framework
Where the code’s rules and interpretations do not provide a clear answer to a particular situation, members should always apply the threats-and-safeguards Conceptual Framework in order to determine whether threats to a member’s compliance with the rules (independence and otherwise) can be reduced to an acceptable level
Three main steps to applying the Conceptual Framework:
Identify threats.
Evaluate the significance of the threats.
Identify and apply safeguards.
Seven broad categories of threats:
- Adverse interest threats-Client sues or threatens to sue firm.
2/ Advocacy threats-Firm acts as investment advisor, underwriter, promoter, or registered agent for a client. - Familiarity threats-Member’s spouse, parent, sibling, or close friend is employed by the client.
- Management participation threats-Member takes on role of client management.
- Self-interest threats-Member has a financial interest in a client that may be affected by outcome of professional services the firm is providing.
- Self-review threats-Member relies on work product of own firm.
- Undue influence threats.
Three kinds of safeguards exist:
- Safeguards created by the profession, legislation, or regulation-Ethics education and training requirements, including continuing professional education (CPE)
- Safeguards implemented by the client.- Knowledgeable and experienced managers, Appropriate tone at the top
- Safeguards implemented by the firm.- strong leadership, policies and procedures
The Patterson Accounting Firm (PAF) does not wish to have its integrity or objectivity compromised by the fact that its tax client, Borovia Corporation, is a constant giver of gifts and entertainment to its outside consulting, law, and accounting firms. Which of the following should PAF keep in mind?
If there is both a gift that violates the accounting firm’s or the client’s rules and the accountant knows or is reckless in not aware of the violation, a violation of the duties of objectivity and integrity is presumed.
Selden has provided sage tax advice to QRS Co. for many years. QRS has invited Selden to join its board of directors. Which of the following is advice that Selden should heed?
If QRS wishes to tap Selden’s expertise, it would probably be preferable to have him serve as a consultant to the QRS board rather than to join the board as a member.
In evaluating possible conflicts of interest, members should ask:
Would a reasonable and informed third party conclude that a conflict exists?
Steps to prevent conflict of interest:
- Identification—Before accepting an engagement, members should identify potential conflicts that threaten independence and objectivity, and should continue to monitor as engagement progresses.
- Evaluation—When an actual conflict is identified by any member, the Conceptual Framework should be applied and engagements should be refused or terminated if risk of violation is unacceptably high.
- Disclosure—Conflicts should be disclosed to clients and affected third parties, even if threats to compliance are at an acceptable level.
Gifts and Entertainment and conflict of interest
Objectivity and integrity are threatened if the client (including its officers, directors, and 10% shareholders) give gifts or entertainment to the firm or its members (or vice versa).
Members may properly advocate for:
- Audit clients
- Tax clients
2 ONLY
Members may advocate on behalf of tax and advisory service clients
According to the profession’s ethical standards, which of the following events may justify a departure from a Statement of Financial Accounting Standards?
- New legislation
2. Evolution in a form of business
Use of a Third-Party Service Provider (TSP)
- There is no problem if the TSP provides only administrative support (e.g., record storage, software application hosting, authorized e-file transmittal services).
- If substantive services are outsourced, clients should be notified, preferably in writing, before any confidential information is provided to the third-party service provider.
- If the client objects, the member should:Not outsource, or Decline the engagement
According to the profession’s ethical standards, which of the following events may NOT justify a departure from a Statement of Financial Accounting Standards?
- An unusual degree of materiality
- Conflicting industry practice
According to the AICPA Code of Professional Conduct, which of the following records must a CPA return to the client when requested?
Client-provided records, even if fees are due to the CPA for the engagement and are unpaid
Client Lewis has demanded return of work product produced by the Martin accounting firm. The Martin firm is resisting the demand. Which of the following is not a proper ground for Martin to deny return of the work product?
Lewis owes money to the Martin firm for work Martin did that is unrelated to these documents.
Which of the following actions by a CPA most likely does not constitute an act discreditable to the profession?
Providing for a right of contribution from the client in an audit engagement letter (right of a person who has discharged a common liability or burden to recover of another, who is also liable)
While the SEC and most government agencies oppose full indemnification of wrongdoers, contribution is typically allowed and, therefore, would not violate the Code.
Spinner, CPA, had audited Lasco Corp.’s financial statements for the past several years. Prior to the current year’s engagement, a disagreement arose that caused Lasco to change auditing firms. Lasco has demanded that Spinner provide Lasco with Spinner’s audit documentation so that Lasco may show them to prospective auditors to help them prepare their bids for Lasco’s audit engagement. Spinner refused and Lasco commenced litigation. Under the ethical standards of the profession, will Spinner be successful in refusing to turn over the documentation?
Yes, because Spinner is the owner of the audit documentation.
Spinner may, under proper circumstances, have to convey to Lasco (a) client-provided records, (b) client records prepared by Spinner, and (c) supporting records. However, it should not have to convey its audit documentation, which it owns.
Four categories of records
- Client-provided records are records given by the client to the member. Must be delivered at client’s request.
- Member-prepared records are those the member was not specifically engaged to prepare and are not in the client’s books and records, rendering the client’s financial information incomplete. Example: adjusting, closing, combining, or consolidating journal entries and supporting schedules and documents that the member proposed or prepared as part of an engagement. CAN be withheld for nonpayment.
- Member’s work products are deliverables set forth in the engagement letter, such as a tax return. CAN be withheld for nonpayment, litigation, if incomplete or for unresolved audit issues.
- Working papers are all other items prepared solely for purposes of the engagement. Do NOT need to be provided to client.
In which of the following scenarios has Ed, a CPA, not committed an ethical violation in relation to a tax client, Harriett, who asked Ed what she should do with a $12,000 tax refund she received from the IRS?
Ed sold Harriett an investment instrument, disclosing that he was earning a 5% commission on the transaction.
Assuming that Harriett is not also an audit client, then commissions and referral fees are permitted, if properly disclosed.
Assuming appropriate disclosure is made, which of the following fee arrangements generally would be permitted under the ethical standards of the profession?
A fee paid to the client’s tax accountant for recommending a computer system to the client.
Tax accountants can accept referral fees and commissions. However, they should be disclosed to the client (and the question instructs us to assume appropriate disclosure).
Tammy is looking to increase the revenue stream for her accounting firm. She is thinking of using commissions and referral fees to do so. Which of the following is true regarding commissions and referral fees?
I. Neither is permitted when the client is an attest client.
II. Both are permitted when the client is not an attest client, if they are properly disclosed.
BOTH
Considering only the provisions of the AICPA Code of Professional Conduct, which of the following services may a CPA perform for a commission or contingent fee?
Representation of a nonattest client in an IRS examination.
The definition of a contingent fee
a fee established for the performance of any service pursuant to an arrangement in which no fee will be charged unless a specified finding or result is attained, or in which the amount of the fee is otherwise dependent upon the finding or result of such service
A CPA’s audit documentation
Must be disclosed under an IRS administrative subpoena.
There are only a few circumstances in which information may be disclosed without the consent of the client. These include when a valid court order demanding release of the information is issued, when a quality review board of a state’s CPA society requests the information, when a client consents to disclosure, and whenever professional obligations otherwise require it.
When outsourcing work to a third-party service provider (TSP), a member should do one of the following before disclosing confidential information:
- Bind the third-party service provider contractually to maintain confidentiality and ensure that the third-party service provider has effective procedures in place.
- Obtain specific consent from the client.
Which firms must have a majority of their financial interests owned by CPAs?
I. Attest firms.
II. Firms that identify themselves as “Members of the AICPA.”
I only
Maisy wishes to start her own accounting firm and wonders what restrictions there are on names of such firms. Which of the following is accurate?
An accounting firm’s name may not be misleading.
An accounting firm’s name may include the names of past owners.
An accounting firm’s name may (if not misleading) include a fictitious name.
Members in public practice (MIPPs) shall be independent when performing attest services.
The threats to independence (adverse interest, advocacy, etc.) are concentrated in four areas:
- Financial relationships—An attest partner should not own stock in an audit client
- Employment relationships
- Family relationships—An attest partner should not audit a client whose chief executive officer is the partner’s spouse
- Consulting relationships
Time Period—Independence rules must be followed when relationships exist during:
- The period covered by the financial statements
2. The period of the professional engagement
Covered members must comply with the independence rules for financial interests (and many others):
- An individual on the attest engagement team
- An individual in a position to influence the attest engagement (PTI)
- A partner, partner equivalent or manager who provides more than 10 hours of nonattest services to the attest client within any fiscal year (10-hour person)
- Other partner in office
- The firm
- An entity whose operating, financial, or accounting policies can be controlled by any of the individuals or entities described in items (1) through (5)
Which of the following is (are) true?
If Firm A and Firm B are in the same network, A must be independent of B’s attest clients if use of the audit or review reports is unrestricted.
Affiliates
- An entity that a client can control
- An entity in which a client has a direct and material financial interest
- An entity that controls a client when the client is material to such entity
- An entity with a direct and material financial interest in the client when that entity has significant influence over the client
- A sister entity of a client if the client and sister entity are each material to the entity that controls both
- A trustee that is deemed to control a trust financial statement attest client that is not an investment company
- The sponsor of a single employer employee benefit plan financial statement attest client
Which of the following terms would be properly included in an engagement letter signed by audit firm MNO and its client, Magnifica Corporation?
Magnifica promises to reimburse MNO for any damages MNO must pay to investors caused by its nonnegligent failure to detect fraud by Magnifica’s management.
It is proper for an engagement letter to require an attest client to indemnify an audit firm for liability and costs resulting from knowing misrepresentations by the client’s management.
The Cheng Accounting Firm is concerned with litigation costs, so it is inserting provisions in all its engagement letters that require arbitration rather than litigation of disputes between Cheng and its attest clients. Which of the following is true?
Such a provision is allowed, but if it is invoked, Cheng should apply the Conceptual Framework to determine whether independence is impaired by the fact that it and its client have potentially been placed in positions of material adverse interests.
The Espinoza Accounting Firm is set to certify the financial statements of client ABC Co. on May 15, 2020. However, ABC did not pay Espinoza’s bill for doing the previous audit that was signed on May 15, 2019. Which of the following is true?
Because ABC has not paid Espinoza in more than a year, Espinoza’s independence would be impaired if it signed this new report in 2020.
A member in public practice may not sign a current-year audit report if it has unpaid fees from the client for services provided more than one year prior even if client issues a note receivable or the client has not been billed.
This rule does NOT apply if client is in bankruptcy.
A CPA purchased stock in a client corporation and placed it in a trust as an educational fund for the CPA’s minor child. The trust securities are not material to the CPA’s wealth but are material to the child’s personal net worth. According to the AICPA Code of Professional Conduct, would this action impair the CPA’s independence with the client?
Yes, because the stock would be a direct financial interest and materiality is not a factor.
This is a direct financial interest. Therefore, materiality is not a factor. A direct financial interest impairs independence even if it is immaterial.