Professional And Ethical Responsibilities Flashcards
What is the objective of the Auditing Profession Act?
- To protect public by regulating audits performed by registered auditors
- To provide for the establishment of an independent regulatory board for auditors
- To approve the development and maintenance of internationally comparable ethical standards and auditing standards for auditors
- To set out measures to advance the implementation of appropriate standards of competence and good ethics in the profession
- To provide for procedures for disciplinary action in respect of improper conduct
For successful registration as a registered auditor, the applicant must be…
- Have complied with the prescribed education, training and competency requirements for registered auditor
- Have arranged for his or her continuing professional development if the applicant is not a member of a professional body
- Be a resident of the Republic
- Be a fit and proper person to practice the profession
How can a person be refused to be a registered auditor?
- He/she has been moved from an office of trust on account of misconduct
- He/she has been convicted of theft, forgery, fraud, corruption, etc., and sentenced for imprisonment or a fine exceeding such amounts as prescribed by the minister
- He/she is of unsound mind/incapable
- He/she is disqualified from registration under a sanction imposed under this Act
- He/she is an unrehabilitated insolvent
Only a registered auditor…
May engaged in public practice or hold out as a registered auditor in public practice or use the registered auditor description “public accountant” “certified public accountant”“registered accountant and auditor” or any description likely to create the impression of being a registered auditor in public practice.
The registered auditor may not, without such qualification as may be appropriate in the circumstances, express an opinion unless…
- The audit was carried out free of restriction
- Proper accounting records were kept in one of the official languages of the Republic
- All information, vouchers and documents necessary for the proper performance of the auditors duties were obtained
- Where an undertaking is regulated by a law, the registered auditor compiled with all the requirements of that law relating to the audit
- He/she had satisfied himself or herself of the existence of all assets and liabilities
- He/she had satisfied him/herself of the fairness/truth/correctness of the financial statements
- Any reportable irregularities that existed at the date of the report had been properly disclosed and reported
What is a reportable irregularity?
Any unlawful act or omission conducted by any person responsible for the management of the entity which:
- has caused or is likely to cause material financial loss to the entity or to any partner, shareholder, creditor or investor, or
- is fraudulent or amounts to theft, or
- represents a material breach of any fiduciary duty owed by the person to anybody mentioned
What are the necessary actions once an auditor has discovered a reportable irregularity?
- Without delay, send a written report to IRBA
- Within 3 days of sending the report, notify the member of management of the entity (accompanied with copy of report)
- No later than 30 days:
- discuss the report with management
- send another report to IRBA
- no RI took place
- RI has been resolved
- RI still taking place
- IRBA to take necessary action
An auditor will incur no liability to a client or a third party in respect of an opinion expressed or statement given in the ordinary course of his/her duties unless he or she acted in the following manner.
- Negligently
- Maliciously
- Failure to report irregularities
An auditor may not through an agreement or in any way limit or reduce the liability that such auditor may incur in terms this section.
What is considered as improper conduct?
- Contravene or fail to comply with provision of the Act with which he or she has a duty to comply
- Contravenes or fails to comply with the provisions of the Act with which he or she has a duty to comply in providing professional services
- Has been found guilty of any offense involving dishonesty
- Is dishonest in the performance of any work
- Contravenes or fails to comply with any requirements in the Code of Professional Conduct
- Contravenes or fails to comply with any requirement in auditing pronouncement
- Fails to perform any professional services with the degree of skill, competence and due care
- Evades or assist any person to evade any tax, duty, levy, or rate
- Permits the registered auditors name to be used in connection with any estimated earnings contingent upon future transactions in a manner which may lead to the belief that the registered auditor vouches for accuracy of the estimate or fails take step to dispel such belief
The Code of Professional Conduct of SAICA part A lists some of the threats as a public accountant. What are these threats?
- Self-interest threat
- Self-review threat
- Advocacy threat
- Familiarity threat
- Intimidation threat
What is a self-interest threat?
Occurs in result of financial or other interests of a CA or of an immediate or close family member
What is a self-review threat?
Occur when a previous judgement needs to be re-evaluated by the CA that was originally responsible for the judgement.
What is an advocacy threat?
Occur when a CA promotes an opinion or position to be the point that subsequent objectivity may be compromised
What is the familiarity threat?
Occurs when because of close relationship, a CA becomes too sympathetic to the interests of others
What is the intimidation threats?
Occurs when a CA may be deterred from acting objectively by threats, actual or perceived.
What are the safeguards in place for the threats?
- Safeguards created by the profession, legislation, or regulation
- Safeguards in the work environment
What are some of the safeguards created by the profession, legislation and regulations?
- Educational, training and experience requirements for entry into profession
- Continuing professional development requirements
- Corporate governance regulations
- Professional standards
- Professional or regulatory monitoring and disciplinary procedures
- External review by a legally empowered third party of the reports, returns, communications, or information produced by the professional accountant
A CA is required to comply with the fundamental principles set out in the SAICA code of professional conduct, what are they?
- Integrity
- Objectivity
- Professional competence and due care
- Confidentiality
- Professional behavior
What does integrity implies?
Straightforwardness, honesty, fair dealing, and truthfulness in professional and business relationship.
A CA may not be associated with reports, returns, communication or other information where they believe the information is…
- Contains a materially false or misleading statements
- Contains statements or information furnished recklessly
- Omits or obscures information required to be included where such omission or obscuring would be misleading
What is implied with objectivity?
CA should not compromise their professional or business judgement because of bias, conflict if interest or the undue influence of others.
What is implied with professional competence and due care?
CA should maintain professional knowledge and skill at the level required and act diligently in accordance with the applicable technical and professional standards. He or she should also ensure that those working under his or her authority have appropriate training and supervision.