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114 Cards in this Set

  • Front
  • Back
Conduct - Integrity requires the observance of what principles?
Objectivity
Independence
Due Care
Conduct - Services Not Requiring Independence
Compilation
Tax
Consulting services not banned by Sarbanes-Oxley
Conduct - Objectivity and Independence
"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."
Conduct - Integrity
"To maintain and broaden public confidence, members should perform all professional responsibilities with the highest sense of integrity."
Conduct - Objectivity is a state of mind, featuring:
Impartiality
Intellectual honesty
Freedom from conflicts of interest
Conduct - Articles of the Principles of the Code of Professional Conduct
Responsibilities
The Public Interest
Integrity
Objectivity and Independence
Due Care
Scope and Nature of Services
Conduct - Scope and Nature of Services
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
Conduct - Level of professional conduct established by Code
Minimum levels
Conduct - The Public Interest
Members should accept the obligation to act in a way that will serve the public interest, honor the public trust, and demonstrate commitment to professionalism
Conduct - Members should accept the obligation to act in a way that will serve the public interest, honor the public trust, and demonstrate commitment to professionalism
In carrying out their responsibilities as professionals, members should exercise sensitive professional and moral judgments in all their activities
Conduct - Due Care
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 to the best of the member's ability
Rule 102 - Ways of solving conflicts of interest.
They can be solved by:
Full disclosure, and
Client consent.
Rule 102 - To avoid subordinating judgment when disagreeing with supervisor regarding proper audit procedures:
Need do nothing further if upon reflection the member concludes that the F/S as proposed represent an acceptable alternative and do not misrepresent the facts;
Alert the appropriate level of management if upon reflection the member concludes that the F/S could be materially misstated; and
Consider resigning and communicating with regulatory authorities if problem is not addressed.
Rule 102 - A potential conflict of interest.
Providing tax or financial planning services for several members of a family who may have opposing interests.
Rule 102 - Example of a Conflict of interest according to Interpretation 102-2.
A CPA performing a professional service has a significant relationship with another person, entity, product, or service that could be viewed as impairing the CPA's objectivity.
Rule 102 - Provisions in Rule 102.
In the performance of any professional service, a member: shall maintain objectivity and integrity, shall be free of conflict of interest, and shall not knowingly misrepresent facts or subordinate his or her judgment to others.
Interpretation 102-1
Not only may a member not knowingly make a false representation, but that member may not permit or direct another to make a false entry in an entity's financial statement, according to Interpretation 102-1.
Interpretation 102-2
A conflict of interest may occur if a CPA performing a professional service has a significant relationship with another person, entity, product, or service that could be viewed as impairing the CPA's objectivity, according to Interpretation 102-2.
A. Exception - No problem if --
1. Full disclosure to client, and
2. Client consents.
B. Examples of potential conflicts of interest --
1. A member is asked to perform litigation services for a plaintiff in a lawsuit against one of the firm's audit clients;
2. A member has provided tax planning advice to a married couple that is now divorcing and is asked by both parties to provide services during the divorce proceedings;
3. In giving financial advice, a member suggests that the client invest in a business in which the member has a financial interest;
4. A member provides tax or financial planning services for several members of a family who may have opposing interests;
B. Examples of potential conflicts of interest --
5. A member has a significant financial interest in a company that is a major competitor of a client for which the member performs management consulting services;
6. A member serves on a city's board of tax appeals, which considers matters involving several of the member's tax clients;
7. A member has been approached to provide services to the potential buyer of real estate owned by a client of the member's firm;
8. A member refers a tax or financial planning client to an insurance broker which refers clients to the member under an exclusive arrangement to do so;
9. A member recommends or refers a client to a service bureau in which the member or partners in the member's firm hold material financial interests.
IV. Interpretation 102-3
Provides that a member must respond accurately to his or her employer's external accountant's inquiries. SOX, of course, makes it a crime to lie to outside auditors.
V. Interpretation 102-4
Consider the situation where an auditor disagrees with his or her supervisor regarding the proper recording of transactions or preparation of financial statements.
VI. Interpretation 102-5
Reminds members who teach or engage in research and scholarship that their activities are professional services and should be rendered with objectivity and integrity, that they shall be free of conflicts of interest, and that they shall not knowingly misrepresent facts or subordinate their judgment.
Interpretation 102-6
Client advocacy can raise interesting dilemmas. Interpretation 102-6 recognizes that a member may be requested by a client to perform tax or consulting services that involve acting as an advocate for the client, and that auditors may be asked to be advocates in support of their clients' positions on accounting or financial reporting issues.
General Standards - Implication of an agreement to perform professional services.
The member has the necessary competence to perform those services according to professional standards, applying his or her knowledge and skill with reasonable care and diligence, but the member does not assume a responsibility for infallibility of knowledge or judgment.
General Standards - Interpretation of the Standard of Planning and Supervision.
Adequately plan and supervise the performance of professional services.
General Standards - General Standards
Professional Competence
Due Professional Care
Planning and Supervision
Sufficient Relevant Data
General Standards -A. Professional Competence
Undertake only those professional services that the member or member's firm can reasonably expect to be completed with professional competence;
General Standards - B. Due Professional Care
Exercise due professional care in the performance of professional services;
General Standards - C. Planning and Supervision
Adequately plan and supervise the performance of professional services;
General Standards - D. Sufficient Relevant Data
Obtain sufficient relevant data to afford a reasonable basis for conclusions or recommendations in relation to any professional services performed.
Rule 203 - Examples of when an auditor may depart from GAAP.
New legislation
New form of business transaction.
Rule 203 - Steps to be taken when departing from GAAP.
Disclose Departure
Disclose approximate effects of departure, and
Explain why GAAP compliance would mislead.
Rule 203 - Interpretation 203-1.
CPAs are allowed departure from SFAS only when results of SFAS will be misleading.
B. Interpretation 203-2
FASB and GASB Interpretations are covered by Rule 203.
C. Interpretation 203-3 --
A member shall not state affirmatively that financial statements or other financial data of an entity are presented in conformity with GAAP if such statements or data contain any departure from an accounting principle promulgated by a body designed by the AICPA to establish such principles that has a material effect on the statements or data taken as a whole.
Responsibilities to Clients - Federal tax preparers' privilege (Sec. 7525) exceptions.
Criminal matters
Matters not before the IRS or federal courts in cases brought by or against U.S.
Tax advice on state or local matters
Written tax shelter advice.
Responsibilities to Clients - CPAs should not disclose client confidences except under certain conditions.
They may be disclosed when:
Client consents
GAAP requires disclosure
Enforceable subpoena
Ethical examination
Peer review
Other members of firm "need to know."
Responsibilities to Clients - Rule 301.
A member in public practice shall not disclose any confidential client information without the specific consent of the client.
Responsibilities to Clients - Variable Fees.
A member's fees may vary depending on various factors, including the complexity of services rendered.
Responsibilities to Clients - Features of accountant-client privilege in states where recognized.
Protects client, not CPA
Waivable by client
Waiver as to part is waiver as to all.
Responsibilities to Clients - Public Authority Exception.
A fee is not regarded as contingent if fixed by the courts or other public authorities.
Responsibilities to Clients - A fee is not regarded as contingent if fixed by the courts or other public authorities.
Public Authority Exception.
Rule 501 - Acts relating to client's request for return of records.
Return client-provided records w/in 45 days
May keep client records prepared by CPA if bill not paid
May keep supporting records if bill not paid
CPA's working papers need not be turned over.
Rule 501 - Interpretation 501-2.
Discrimination (on basis of race, color, religion, sex, age, or national origin) and harassment (sexual and other forms) are discreditable acts.
Rule 501 - Interpretation 501-4.
Negligently making (or permitting or directing another to make) false or misleading journal entries is a discreditable act.
Rule 501 - Interpretation 501-6.
Soliciting or knowingly disclosing the May 1996 or later Uniform CPA Examination questions and/or answers without the written authorization of the AICPA is a discreditable act.
Rule 501 - Rule 501- Five Acts Discreditable.
Discrimination and Harassment in Employment Practices; Failure to Follow Standards and/or Procedures or Other Requirements in Governmental Audits; Negligence in the Preparation of Financial Statements or Records; Failure to Follow Requirements of Governmental Bodies, Commissions, or Other Regulatory Agencies in Performing Attest or Similar Functions; Solicitation or Disclosure of CPA Examination Questions.
Rule 502 - Interpretation 502-2.
CPAs may normally engage in accurate advertising ("commercial speech").
Rule 502 - Examples of false, misleading or deceptive acts.
Creating false or unjustified expectation of favorable results
Implying the ability to influence a court or agency
Estimating a fee knowing that the amount charged will likely be much higher.
Rule 502 - Prohibited by Rule 502.
Solicitation by coercion, over-reaching or harassment.
Rule 503 - Prohibited Commissions
When member also performs:
Audit or review of a financial statement; or
Compilations to be used by third parties; or
Examination of prospective financial information.
Rule 503 - Contingent Fees
Prohibited for performing:
Any work for attest client
Preparation of tax return or refund
Correcting an omission in original return.
Rule 503 - Disclosure
Accepting a permitted commission or referral fee must be disclosed to the client.
Rule 505 - Interpretation 505-2
Member may own interest in separate business that performs nonaudit services for clients.
If member controls the separate business, entity must comply with Code of Professional Conduct.
If member does not control the separate business, Code applies to member but not to the entity.
Rule 505 - Interpretation 505-3
Majority of financial interests in attest firm must be owned by CPAs
If CPAs who own the attest firm remain financially responsible, public interest will be considered protected.
Rule 505 - Member Restrictions
A member may practice public accounting only in a form of organization (proprietorship, partnership, professional corporation, limited liability company, limited liability partnership, etc.) permitted by state law whose characteristics conform to AICPA resolutions.
Responsibilities in Consulting - Consultants must serve client while maintaining these duties.
Integrity
Objectivity
(But not) Independence.
Responsibilities in Consulting - Statements on Standards for Consulting Services.
SSCS.
Responsibilities in Consulting - Types of Consulting Services.
Consultations, Advisory Services, Implementation Services, Transaction Services, Staff and Other Support Services, Product Services.
Responsibilities in Consulting - To provide counsel in a short time frame based mostly, if not entirely, on existing personal knowledge about client.
Consultation.
Responsibilities in Consulting - To provide services related to a specific client transaction, generally with a third party.
Transaction Services.
Responsibilities in Consulting - In applying SSCSs, a member performing consulting services must use
Professional judgment.
Responsibilities in Consulting - Items about which a consultant should communicate with client.
Conflicts of interest
Significant reservations about engagement, and
Significant engagement findings.
A. Consultations --
To provide counsel in a short time frame based mostly, if not entirely, on existing personal knowledge about client.
B. Advisory Services --
To develop findings, conclusions, and recommendations for client consideration and decision-making.
C. Implementation Services --
To place an action plan into effect.
D. Transaction Services --
To provide services related to a specific client transaction, generally with a third party.

1. Examples -- Insolvency services, valuation services, information related to financing, analysis of a possible merger or acquisition, litigation services.
E. Staff and Other Support Services --
To provide appropriate staff and possibly other support to perform tasks specified by the client.
1. Examples -- Data processing, facilities management, computer programming, bankruptcy trusteeship, and controllership activities.
F. Product Services --
To provide the client with a product and associated professional services in support of the installation, use, or maintenance of the product.

1. Examples -- Sale, delivery, installation, and implementation of training programs, computer software, and systems development methodologies.
Responsibility in consulting services
1. Professional Competence;
2. Due Professional Care;
3. Planning and Supervision;
4. Sufficient Relevant Data.
SEC - Audit services that CPAs may not provide to public company audit clients.
- Bookkeeping or other services related to the accounting records of financial statements
- Financial information systems design and implementations
- Appraisal or valuation services, fairness opinions, or contributions-in-kind reports
- Actuarial services
- Internal audit outsourcing services
- Management functions or human resources
- Broker or dealer, investment adviser, or investment banking services
- Legal services and expert services unrelated to the audit.
SEC - Where AICPA rules conflict with PCAOB rules, who wins?
PCAOB.
SEC - Who must be rotated under Sarbanes Oxley?
Lead audit partner and reviewing partner (5-on/5-off)
Other partners playing a significant role (7-on/2-off).
SEC - Lead audit partner and reviewing partner (5-on/5-off)
Other partners playing a significant role (7-on/2-off).
This is prohibited for selling nonaudit services.
SEC - Requirement of audit firm rotation.
Not required by Sarbanes-Oxley.
SEC - PCAOB is an acronym for this.
Public Company Accounting Oversight Board.
SEC - Who hires, compensates, and fires auditors of public companies?
The audit committee (composed entirely of independent directors) performs these actions.
Sarbanes and PCAOB - The PCOAOB is to establish standards for:
Auditing
Quality Control
Ethics
Independence.
Sarbanes and PCAOB - Agency that oversees PCAOB.
SEC.
Sarbanes and PCAOB - PCAOB must do annual audits of firms that do at least how many public company audits each year?
100 public company audits.
Sarbanes and PCAOB - PCAOB's basic functions.
Registering Public Accounting Firms
Setting up Standards
Inspect Public Accounting Firms
Investigating violations
Enforcing Compliance.
D. Registration with the PCAOB --
1. In order to prepare, issue, or participate in the preparation or issuance of any audit report with respect to any public company, a public accounting firm must register with the PCAOB.
D. Registration with the PCAOB -- 2. Information to be disclosed will include:
a. Names of all audit clients in the past year;
b. Annual fees for audit and nonaudit services received from each client;
c. A statement of firm quality control policies;
d. A list of all accountants associated with the firm who participated in the audits;
e. Information relating to criminal, civil, or administrative proceedings pending against the firm or any associated person in connection with any audit report;
D. Registration with the PCAOB -- 2. Information to be disclosed will include:
a. Names of all audit clients in the past year;
b. Annual fees for audit and nonaudit services received from each client;
c. A statement of firm quality control policies;
d. A list of all accountants associated with the firm who participated in the audits;
e. Information relating to criminal, civil, or administrative proceedings pending against the firm or any associated person in connection with any audit report;
Gov't Acct Office - GAO standards address these issues.
Independence
Ethical Principles
Public Interest
Integrity
Objectivity
Proper use of government information, resources & position
Professional Behavior.
Gov't Acct Office - GAO is an acronym for this.
Government Accountability Office.
Gov't Acct Office - AO is an acronym for this.
Auditing Organization.
Gov't Acct Office - GAO guidelines apply to those who audit these entities.
Government entities
Entities that receive government grants.
Gov't Acct Office - Government entities
Entities that receive government grants.
Personal Impairments
External Impairments
Organizational Impairments.
Gov't Acct Office - When assessing impact of nonaudit services on audit, GAO rules insist on this.
AOs must not provide NAS that involve performing management functions or making management decisions; and
AOs must not audit their own work or provide NAS in cases where the NAS are significant to the subject matter of the audit.
DOL - EBSA is an acronym for this.
Employee Benefits Security Administration.
DOL - Primary independence concerns for DOL Independence rules.
Financial ties
Employment ties.
DOL - DOL is an acronym for this.
Department of Labor.
DOL - ERISA is an acronym for this.
Employee Income Retirement Security Act.
IFAC - PABS is an acronym for this.
Professional Accountants in Business.
IFAC - PAPPS is an acronym for this.
Professional Accountants in Public Practice.
IFAC - Number of countries that have adopted IFAC Code.
Over 100 countries ahve aqdopted this.
IFAC - IESBA is an acronym for this.
International Ethics Standards Board for Accountants.
IFAC - What is the basis of the IFAC Code?
It is principles-based.
IFAC - Clearly Insignificant.
Trivial and Inconsequential.
IFAC - Categories of Threats to Independence.
Self-Interest Threats
Self-Review Threats
Advocacy Threats
Familiarity Threats
Intimidation Threats.
IFAC - IFAC is an acronym for this.
IFAC is an acronym for this.
IFAC - Two types of safeguards against threats to Independence.
Created by profession, legislation or regulation
Present in the workplace
Firm-wide
Engagement-specific.
IFAC - Fundamental Principles of IFAC Code.
Integrity
Objectivity
Professional Competence
Due Care
Confidentiality
Professional Behavior.
IFAC - IFAC Role.
It is the global voice for accounting profession.
IFAC - Role of PEEC.
It monitors IFAC activities and gives U.S. input to IESBA.
Responsibilities in Consulting Services
I. SSCS
Consulting services that CPAs provide to their clients are governed by Statements on Standards for Consulting Services (SSCS).
II. Consulting Services under SSCS
Consulting services governed by these standards can include one or more of the following types of consulting services:
A. Consultations --
B. Advisory Services --
C. Implementation Services -D. Transaction Services --
E. Staff and Other Support Services --
F. Product Services --
A. Consultations --
Definition
Consultations : To provide counsel in a short time frame based mostly, if not entirely, on existing personal knowledge about client.
1. Examples -- Reviewing and commenting on client business plan, suggesting software for further client investigation.
B. Advisory Services --
Definition
Advisory Services : To develop findings, conclusions, and recommendations for client consideration and decision-making.
1. Examples -- Operational review and improvement study, analysis of accounting system, strategic planning assistance, information system advice.
C. Implementation Services --
Definition
Implementation Services : To place an action plan into effect.
1. Examples -- Installing and supporting computer system, executing steps to improve productivity, assisting with mergers.
D. Transaction Services --
Transaction Services : To provide services related to a specific client transaction, generally with a third party.
1. Examples -- Insolvency services, valuation services, information related to financing, analysis of a possible merger or acquisition, litigation services.
E. Staff and Other Support Services --
Staff and Other Support Services : To provide appropriate staff and possibly other support to perform tasks specified by the client.
1. Examples -- Data processing, facilities management, computer programming, bankruptcy trusteeship, and controllership activities.
F. Product Services --
Product Services : To provide the client with a product and associated professional services in support of the installation, use, or maintenance of the product.
1. Examples -- Sale, delivery, installation, and implementation of training programs, computer software, and systems development methodologies.