R5 Flashcards
What are the penalties for a CPA who intentionally violated the provisions of section 10 B of the Securities Exchange Act of 1934
Civil liability of monetary damages and criminal liability of a fine
When is it allowable to make oral offers to sell shares?
Immediately after filing the registration statement
What securities are exempt from filing under the 1933 act
BRINGS: banks and Savings and Loan’s, railroad securities, insurance policie,s not-for-profit organizations, government and short-term commercial paper with a maturity date of nine months or less
What are the four elements of negligence?
Duty of care, breach, causality, and injury
Majority Rule
Accountants are liable to anyone in a class such as potential lenders are investors of third parties from the CPA knows will rely on the opinion of the financial statements
Successful action under section 11 the securities act of 1933 requires…
- The plaintiff acquired the security 2. In the registration statement was either defendants misstatement of a material fact with the defendants omission of material fact and 3. The Plaintiff suffered a loss
What defense is available to an accountant under section 18 of the securities exchange act of 1934 for false or misleading statements
Good faith and lack of knowledge of the statements falsity
Under regulation D of the securities act of 1933, what is the maximum time During which an exempt offering may be made?
12 months
Rule 506 of regulation D requirements:
No general solicitations, buyers right to resell is limited to two years, limited to 35 nonaccredited investors
A taxpayer can generally avoid penalties if:
They acted in good faith, if there was a reasonable basis to support the tax position, and if the taxpayer did not have willful neglect