Professional Documents
Culture Documents
Professional Ethics
4-1
Review Questions
The six core ethical values described by the Josephson Institute are:
1. Trustworthiness
2. Respect
3. Responsibility
4. Fairness
5. Caring
6. Citizenship
There are many other potential sources of ethical values, including laws
and regulations, church doctrines, codes of professional ethics, and individual
organizations codes of conduct.
4-2 An ethical dilemma is a situation that a person faces in which a decision
must be made about the appropriate behavior. There are many possible ethical
dilemmas that one can face, such as finding a wallet containing money, or
dealing with a supervisor who asks you to work hours without recording them.
An ethical dilemma can be resolved using the six-step approach outlined
on p. 78 of the text. The six steps are:
1.
2.
3.
4.
5.
6.
4-1
4-4
PART
PURPOSE
1.
Principles of
Professional Conduct
1.
2.
Rules of conduct
2.
3.
Interpretation of the
rules of conduct
3.
4.
Ethical rulings
4.
4-5 Independence in fact exists when the auditor is actually able to maintain
an unbiased attitude throughout the audit, whereas independence in appearance
is dependent on others' interpretation of this independence and hence their faith
in the auditor.
Activities which may not affect independence in fact, but which are likely to
affect independence in appearance are: (Notice that the first two are violations of
the Code of Professional Conduct.)
1.
2.
3.
4.
5.
4-7
(continued)
7.
8.
9.
Nonaudit services that are not prohibited by the SarbanesOxley Act and
the SEC rules must be pre-approved by the companys audit committee. In
addition, an accountant is not independent of an audit client if an audit partner
received compensation based on selling engagements to that client for services
other than audit, review and attest services.
Companies are required to disclose in their proxy statement or annual
filings with the SEC the total amount of audit and nonaudit fees paid to the audit
firm for the two most recent years. Four categories of fees are to be reported: (1)
audit fees; (2) audit-related fees; (3) tax fees; and (4) all other fees. Companies
are also required to provide further breakdown of the other fees category, and
provide qualitative information on the nature of the services provided.
4-8
4-3
4-10 A CPA firm has several options when it decides it is not competent to
perform an audit:
1.
2.
3.
4.
4-11 A fee based upon the amount of time it takes to complete is not a violation
of Rule 302. Rule 302 on contingent fees states that professional services for
clients receiving assertion opinions shall not be offered or rendered under an
agreement whereby no fee will be charged unless a specific finding or result is
attained, or where the fee is otherwise contingent upon the findings or results of
such services. The purpose of the rule is to prevent sacrificing the quality of
audits because of the pressure felt by the auditor in producing the required audit
outcome. An example would be the fee being dependent upon the issuance of an
unqualified opinion or the obtaining of a loan by a client.
4-12 The following are exceptions to the confidentiality requirement for the
CPA's audit files:
1.
2.
3.
4.
4-4
4-14 (continued)
1.
2.
3.
4.
A proprietorship
A general partnership
A general corporation (if permitted by state law)
A professional corporation
Limited liability company (if permitted by state law)
Limited liability partnership (if permitted by state law)
4-17 There are major differences between the nature of the enforcement by the
AICPA and a state Board of Accountancy.
4-18 a.
(1)
b.
(3)
c.
(1)
4-19 a.
(1)
b.
(3)
c.
(3)
4-5
4-20
Service
Providing bookkeeping services to a public company.
The services were pre-approved by the audit
committee of the company.
Providing internal audit services to a public company
that is not an audit client.
Designing and implementing a financial information
system for a private company.
Recommending a tax shelter to a client that is publicly
held. The services were pre-approved by the audit
committee.
Providing internal audit services to a public company
client with the pre-approval of the audit committee.
Providing bookkeeping services to an audit client that is
a private company.
a.
b.
c.
d.
e.
f.
Violation?
Yes
No
No
No *
Yes
No
* Recommending tax shelters is not prohibited, but has the potential to impair
independence.
4-21 a.
b.
c.
d.
e.
4-6
4-21 (continued)
f.
g.
4-22 a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
4-8
4-23 (continued)
c.
d.
4-24 a.
b.
c.
4-24 (continued)
d.
1.
2.
3.
e.
INDEPENDENCE IN
FACT
INDEPENDENCE
IN APPEARANCE
SOCIAL CONSEQUENCES
OF PROHIBITING
1.
Minor, if any.
2.
3.
4-10
INDEPENDENCE IN
FACT
INDEPENDENCE
IN APPEARANCE
SOCIAL CONSEQUENCES
OF PROHIBITING
4.
5.
6.
There may be an
absence of a careful
independent check of
the entries or preparation of the
statements because
they were originally
prepared by the
auditor.
7.
4-11
4-24 (continued)
f.
4-25 The Code of Professional Conduct and interpretations are not clear as to
what constitutes a violation in these three situations. A central point is that
Marie Janes must maintain independence in fact and appearance because
she is not an employee of the company and must not give the impression
that she is one.
(a)
RULES OF CONDUCT VIOLATED?
(b)
APPROPRIATE ACTION?
1.
1.
2.
2.
3.
3.
4-12
4-26
1.
2.
3.
4.
5.
6.
Cases
4-27 The answers to these questions are more judgmental than most others in
the chapter. They may, in some cases, be a violation of the spirit of the Code if
the CPA is acting in a certain manner, and they may not be a violation if the CPA
is acting in a different manner. For example, in 4, if Davis is sending business
executives in small companies to his small loan company, there's likely to be a
violation of the rule of conduct. On the other hand if he recommends the small
loan company along with several others, only for those clients who truly need the
services of a small loan company, he is not likely to be in violation. (Changing the
facts throughout the discussion may increase the value of the case.)
1.
4-13
4-27 (continued)
2.
3.
4.
5.
6.
Contingent fee arrangements between the CPA and the client are a
violation of the rules for clients receiving attestation services.
However, Rule 302 specifically states that fees are not regarded as
being contingent if fixed by courts or other public authorities or, in
tax matters, if determined based on the results of judicial
proceedings and the findings of government agencies. This
situation involves tax matters the results of which are determined
by judicial proceedings, therefore there is no violation.
Rule 502 permits advertising as long as it is not false, misleading,
or deceptive. The advertising expressly states two facts: 14 of 36 of
the largest savings and loans companies are audited by their firm
and second, the average audit fee, as a percentage of total assets,
is lower than any of the other CPA firms in the city. Contel must be
able to support those factual statements. Assuming he can, there is
no violation. However, it may be difficult to support the comparison
to the fees of other firms.
There is no violation because Rule 504--Incompatible Occupations
no longer exists. There may have been a violation under old Rule
504 if Davis or his employees consistently sent clients of Davis to
the small loan company and/or encouraged them to make loans
from such company.
There may be a material indirect interest in the audit client. Elbert
owns a material amount of stock and if the mutual fund in turn
invests a large portion of its money in an audit client of Elbert,
Elbert in essence has a material investment in an audit client.
Simply because the mutual fund's investment has increased
dramatically in the audit client does not mean there is a material
investment, however. For example, it may have increased from one
percent to three percent of the total holdings of the mutual
company. Nevertheless Elbert must evaluate whether the holding
could be a material indirect investment under Rule 101.
It is essential that Finigan retain both an attitude of independence in
fact and in appearance. It is not possible to determine if Finigan is
maintaining an attitude of independence in fact, given her
involvement in the company, but it is certainly possible that she is.
Finigan is not necessarily violating the Code of Professional
Conduct. She does the audit, tax return, bookkeeping and
management services work for the client, but that is not a violation
if Gilligan is a private company.
It is questionable whether Finigan is maintaining an attitude
of independence in appearance, especially given the comments by
Gilligan. It is essential that she maintain an attitude of
independence throughout all her work. So she must be careful that
she is not on the side of Gilligan without consideration of her
professional responsibilities in conducting the audits and in all other
aspects of her professional responsibilities.
4-14
4-28 a.
b.
(1)
(2)
(3)
WHO IS AFFECTED?
Barbara
HOW?
1.
2.
3.
Jack
1.
2.
1.
2.
3.
Delancey Fabrics
1.
2.
(4)
(5)
Alternatives
(a)
Throw away schedules.
(b)
Inform Jack that she will not throw schedules away.
(c)
Talk to manager or partner about Jack's request.
(d)
Refuse to work on the engagement.
(e)
Quit the firm.
Consequences
(a)
The misstatements may be discovered subsequently
and the firm may lose the client, or be sued. Even if
the misstatements are not material, the client may be
justifiably upset because the problems giving rise to
the misstatements may have been solved sooner.
(b)
Barbara informs Jack that she won't throw away
schedules. This may result in a confrontation. She
may get an unfavorable review.
4-15
4-28 (continued)
(c)
(6)
4-29 a.
b.
c.
4-30 1.
2.
3.
4-16
4-30 (continued)
WHO IS AFFECTED?
Frank
HOW?
1.
2.
Partner
1.
2.
1.
2.
1.
2.
Users of Machine
International's Financial
Statements
4.
5.
6.
1.
Alternatives
a.
Write a statement and inform other partners if engagement
partner refuses to include the statement in the audit files.
b.
Agree with the partner.
Consequences
a.
If Frank agrees with the partner, a potentially inappropriate
accounting method may lead to an unqualified opinion on
materially misstated financial statements.
b.
Other partners may be upset with Frank for failing to disclose
his feelings on the matter.
c.
The firm could be sued and suffer losses.
d.
On the other hand, perhaps the partner is right and the
revenue recognition method is appropriate.
e.
If Frank writes the statement and expresses his
disagreement, he may be labeled as "hard to get along with."
However, most firms which do high-quality audit work
encourage practitioners at all levels to express their views on
matters which require professional judgment such as the
appropriateness of a given accounting principle.
Appropriate action:
Frank should express his opinion, leaving room for the
possibility that he may be wrong. He should be respectful of the
position of all other partners in the firm. Most, if not all, of the other
partners in the firm would probably appreciate Frank's willingness
to express his opinion regarding the inappropriateness of the
revenue recognition method used by the client.
4-17
2.
(Note: Internet problems address current issues using Internet sources. Because
Internet sites are subject to change, Internet problems and solutions are subject to
change.
Current
information
on
Internet
problems
is
available
at
www.prenhall.com/arens).
4-18