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Steps to resolve ethical dilemma
- Identify:
- The Problem
- Possible course of action
- Any contraints relating to the decesion
- Analyse the likely effects of the possible courses of action
- Select the best course of action
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Need for Professional Ethics
- Responsibility to serve the public, CPA is representative of public
- Complex body of knowledge
- Standards of Admission to the Profession, min standards for education and experience
- Need for Public confidence, CPA product is credibiliity.
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AICPA Professional Ethics
Two Sections:
- Code of Professional Conduct
- Principles- provide overall framework
- Rules- Govern performance of professional services
- Additional Guidance
- Interpretations-Provide guidelines as to the scopeand application of Rules
- Ethics Rulings- Summarize application of rules and interpretations
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Pic of AICPA Professional Ethics
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Principles of the Code of Conduct
- Responsibilities
- The Public interest
- Integrity
- Objectivity and Independence
- Due Care
- Scope and Nature of Services
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Independence
- Independence of mind (Actual Independence)
- Independence of appearance
- Both are required
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AICPA Conceptual Framework for Independence
The Approach Considers
Whether the code directly addresses the threat
If threat code no good, the auditor considers whether adequate safeguards exist to eliminate the threat to independence
Big one: whether a reasonable person, aware of all the relevant facts would coclude that an unacceptable risk of non-indpendence exists.
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Threats to Independence
- Self Review
- Advocacy of client
- Adverse Interest
- Familiarity
- Undue Influence
- Financial Self-Interest of CPA
- Management Participation
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Threats to Independence- Self Review
CPA Firm Has Provided consulting services that relate to audit
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Threats to Independence-Advocacy of client
CPA promotes client securities as part of an initial pubic offering
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Threats to Independence-Adverse Interest
Litigation between client and CPA firm
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Threats to Independence-Familiarity
Spouse holds a key position with client
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Threats to Independence-Undue Influence
Pressure from client to reduce audit procedures
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Threats to Independence-Financial Self-Interest of CPA
CPA owns stock in the client
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Threats to Independence-Management Participation
CPA serves as officer of client
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Independence Safeguards
- Created by profession, legislation or regulation
- Implemented by attest client
- Put in place by CPA firm
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Pic of Summary of Conceptual FW approach for Eval Threats
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Covered Members
- Interpretation 1 of Rule 101
- Covered Members Include:
- Staff working on the attest engagement
- An individual who may influence the attest engagement
- A partner in the office in which the partner in charge of the attest engagement primarily practices
- Partners or managers that provie a specifie amount of non-attest services to client.
- The public accounting firm and its emplyee benfit plan
- Any entity controlled by one or more of the above
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Rule 101-1 States that independenc is impaired if a Member-Applies to Covered Members
Has direct or material indirect financial interest, loan or joint busess investment; trustee or administrator of estate or trust that has such interest
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Interpretation 101-1 Indpendence for All Partners and Professional Staff is impaired if a member:
- Owns 5% or more of client's outstanding equity or other ownership interest
- Simultaneously associated with client as director, officer, employee, etc.
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Effects of partner and professional staff relationships on fimr Independence PIC
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Effects of interest of Family and Friends-Pic fig 3.6
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Consulting Service Prohibited by SOX
- Bookkeeping
- Financial systems design and implementation
- Appraisal or valuation services
- Actuarial services
- Internal audit outsourcing
- Mangement functions or Human Resource services
- Investment services
- Legal services and expert services
- Cetain tax services
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Rule 102-Integrity and Objectivity
- Applies to all members of the AICPA and to all services provided by CPA's
- Violations: makes, or permits another to commit fraud
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Rule 201-General Standards
- Apply to all CPA services
- Member shall comply with:
- Professional competence
- Due professional care
- Planning and supervision
- Sufficient Relevant Data
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Rule 202 Standards
- Auditing Standards Board (ASB)
- statement on auditing standards
- Managment Consulting Serives Executive Committee (MCSEC)
- statments on standards for consulting services
- Accounitng and Review services Commitee (ARSC)
- statments on standards for Accounting and review services
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Rule 203
- Accounting Principles
- Designates GAAP
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Rule 301
- Confidential Client Information
- A member can not disclose any confidential client information without the specified consent of client
- Auditors can disclose illegal acts by the client unless they have a legal duty to do so
- Confidential but not privileged communications with client
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Rule 302
Allowable Contingent Fees
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Rule 501
- Retaining client records may be considered an act discreditable to the profession
- Rules
- Client prepared records-always returned to client
- Client records prepared by CPA- may be withheld if they are incomplete or fees are due for them
- Supporting records-may be withheld if they are incomplete or fees are due for them
- CPA working papers- CPA's property and need not be provided to client, unless required by law.
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IIA Code of Ethics- Principles
- Integrity
- Objectivity
- Confidentiality
- Competency
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