Module C Flashcards
Legal Liability
A lack of reasonable care that may be characterized by the failure of auditors to follow GAAS in the conduct of the audit is known as:
ordinary negligence
When accountants agree to perform a compilation or review of unaudited financial statements, the best way to avoid clients’ misunderstanding the nature of the work is to describe it completely in:
an engagement letter
A group of investors sued Anderson, Olds, and Watershed, CPAs (AOW) for alleged damages suffered when the entity in which they held common stock went bankrupt. To avoid liability under the common law, AOW must demonstrate which of the following?
The audit was conducted in accordance with generally accepted auditing standards and with due professional care
The Securities Act of 1933 and Securities Exchange Act of 1934 contain:
both civil liability provisions applicable to auditors and criminal liability provisions applicable to auditors
Which Act?
Auditors must prove due diligence.
1933 Act
Which Act?
Third party must prove existence of scienter
1934 Act
Auditors must prove good faith
1934 Act
The __________ requires registration of an initial stock sale
1933 Act
The 1933 Act requires _________ to prove a loss and misleading financial statements
third parties
Under the 1934 Act, third parties must prove __________
scienter
The 1934 Act protects any person buying or __________ the security
selling
The 1933 and 1934 acts include provisions for civil and __________ charges against CPAs
criminal
Which of the following is a major difference in auditors’ liability under the Securities Act of 1933 and the Securities Exchange Act of 1934?
- The burden of proving reliance on misstated financial statements and the relationship between these financial statements and the economic loss.
- The auditors’ required degree of professional care
Assume that auditors lost a civil lawsuit for damages and the court found total losses of $5 million. If the auditors were determined to be 30 percent at fault and were the only solvent defendants, what is the auditors’ likely obligation under proportionate liability?
$2,250,000
Which of the following would be the auditors’ most likely defense in an action brought under the Securities Exchange Act of 1934?
The auditors acted in good faith and were not aware of the materially misstated financial statements