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).