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    2008 Prentice Hall Business Publishing,Auditing 12/e,Arens/Beasley/Elder 4 - 1

    Professional Ethics

    Chapter 4

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    Learning Objective 1

    Distinguish ethical from unethical

    behavior in personal and

    professional contexts.

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    What Are Ethics?

    Ethics can be defined broadly asa set of moral principles or values.

    Each of us has such a set of values.

    We may or may not have consideredthem explicitly.

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    Illustrative PrescribedEthical Principles

    Trustworthiness

    Responsibility

    Caring

    Respect

    Fairness

    Citizenship

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    Need for Ethics

    Ethical behavior is necessary for a societyto function in an orderly manner.

    The need for ethics in society is sufficientlyimportant that many commonly heldethical values are incorporated into laws.

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    Why People Act Unethically

    The persons ethical standards are differentfrom those of society as a whole.

    The person chooses to act selfishly.

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    A Person Chooses toAct SelfishlyExample

    Person A finds a briefcase containingimportant papers and $1,000.

    He tosses the briefcase and keeps the money.

    He brags to his friends about his good fortune.

    This action probably differs from most of society.

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    A Person Chooses toAct SelfishlyExample

    Person Bfaces the same situation butresponds differently.

    He keeps the money but leaves the briefcase.

    He tells nobody and spends the money.

    He has violated his own ethical standardsand chose to act self ish ly.

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    Learning Objective 2

    Resolve ethical dilemmas using

    an ethical framework.

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    Ethical Dilemmas

    An ethical dilemma is a situation a personfaces in which a decision must be madeabout appropriate behavior.

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    RationalizingUnethical Behavior

    Everybody does it

    Likelihood of discovery and consequences

    If its legal, its ethical

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    Resolving Ethical Dilemmas

    1. Obtain the relevant facts

    2. Identify the ethical issues from the facts

    3. Determine who is affected

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    Resolving Ethical Dilemmas

    4. Identify the alternatives available to theperson who must resolve the dilemma

    5. Identify the likely consequence of eachalternative

    6. Decide the appropriate action

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    Relevant Facts

    A staff person has been informed thathe will work hours without recordingthem as hours worked.

    Firm policy prohibits this practice.

    Another staff person has stated thatthis is common practice in the firm.

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    Ethical Issue

    Is it ethical for the staff person to work hours andnot record them as hours worked in this situation?

    How are they affected?

    What alternatives does the staff person have?

    Who is affected?

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    Learning Objective 3

    Explain the importance of ethical

    conduct for the accounting

    profession.

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    Special Need for EthicalConduct in Professions

    Our society has attached a specialmeaning to the term professional.

    Professionals are expected to conductthemselves at a higher levelthan most other members of society.

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    Difference Between CPAFirms and Other Professionals

    CPA firms are engaged and paid by thecompany issuing the financial statements.

    Primary beneficiaries of the audit arestatement users.

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    CPAs Encouraged to ConductThemselves at a High Level

    Legal

    liability

    AICPA practice

    sections

    Continuing

    education

    requirements

    GAAS and

    interpretations

    Code of

    Professional

    Conduct

    CPA

    examination

    Qualitycontrol

    Peer

    review

    PCAOB

    and SEC

    Conduct of

    CPA firm

    personnel

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    Learning Objective 4

    Describe the purpose and

    content of the AICPA

    Code of Professional Conduc t .

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    Code of Professional Conduct

    Principles

    Ideal standards of ethical conduct

    stated in philosophical terms.

    They are not enforceable.

    Rules of

    conduct

    Minimum standards of ethical

    conduct stated as specific rules.

    They are enforceable.

    Interpretationsof the rules

    of conduct

    Interpretation of the rules of conduct by

    the AICPA Division of Professional Ethics.

    They are not enforceable, but a

    practitioner must justify departure.

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    Code of Professional Conduct

    Ethical

    rulings

    Published explanations and answers

    to questions about the rules of

    conduct submitted to the AICPA by

    practitioners and others interestedin ethical requirements.

    They are not enforceable, but a

    practitioner must justify departure.

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    Ethical Principles

    1. Responsib i l i t ies:

    Professionals should exercise sensitive andmoral judgments in all their activities.

    2. The publ ic interest:

    Members should accept the obligation to act

    in a way that will serve and honor the public.

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    Ethical Principles

    3. In tegrity :

    Members should perform all responsibilitieswith integrity to maintain public confidence.

    4. Object iv i ty and independence:

    Members should be objective, independent,

    and free of conflicts of interest.

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    Ethical Principles

    5. Due care:

    Members should observe the professionsstandards and strive to improve competence.

    6. Scope and nature of services:

    A member in public practice should observe

    the Code of Professional Conduc t.

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    Standards of Conduct

    Principles

    Rules of

    conductSubstandardconduct

    Ideal conductby practitioners

    Minimum level

    of conduct bypractitioners

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    Learning Objective 5

    Understand Sarbanes-Oxley Act

    and other SEC and PCAOB

    independence requirements

    and additional factors that

    influence auditor independence.

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    Independence

    The value of auditing depends heavilyon the publics perception of theindependence of auditors.

    Independence in fact

    Independence in appearance

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    Sarbanes-Oxley Act and SEC Provisions

    Addressing Auditor Independence

    The SEC adopted rules strengthening auditorindependence in January 2003 consistent withthe requirements of the Sarbanes-Oxley Act.

    The Sarbanes-Oxley Act and the revised SECrules further restrict, but do not completely

    eliminate the type of nonaudit servicesthat can be provided to the public.

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    Sarbanes-Oxley Act and SEC Provisions

    Addressing Auditor Independence

    The PCAOB has also issued additionalindependence rules related to theprovision of certain tax services.

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    Sarbanes-Oxley Act and SEC Provisions

    Addressing Auditor Independence

    1. Bookkeeping and other accounting services

    2. Financial information systems design and implementation

    3. Appraisal or valuation services

    4. Actuarial services

    5. Internal audit outsourcing

    6. Management of human resource functions

    7. Broker, dealer, or investment adviser

    or investment banker services8. Legal and expert services unrelated to the audit

    9. Any other service that the PCAOB determines

    by regulation is impermissible

    Prohibited Services

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    Audit Committees

    An audit committee is a selected numberof members of a companys board of directorswhose responsibilities include helpingauditors remain independent of management.

    Most audit committees are made up of three

    to five or sometimes as many as sevendirectors who are not a part of companymanagement.

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    Audit Committees

    The Sarbanes-Oxley Act requires that allmembers of the audit committeebe independent.

    Companies must disclose whether or notthe audit committee includes at least

    one financial expert.

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    Conflicts Arising fromEmployment Relationships

    The SEC has added a one year cooling off period before a member of the auditengagement team can work for theclient in certain key management positions.

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    Partner Rotation

    The Sarbanes-Oxley Act requires thatthe lead and concurring audit partnerrotate off the audit engagementafter a period of five years.

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    Ownership Interests

    SEC rules prohibit ownership inaudit clients by those personswho can influence the audit.

    SEC rules on financial relationshipstake an engagement perspective.

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    Independence StandardsBoard

    It was dissolved in July 2001

    ISB pronouncements and interpretationsremain enforceable unless they conflictwith the independence rulingsissued by the SEC.

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    Other Issues

    Shopping for accounting principles

    Engagement and payment ofaudit fees by management

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    Learning Objective 6

    Apply the AICPA Code rules and

    interpretations on independence

    and explain their importance.

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    Rules of Conduct

    Rule 101Independence

    A member in public practice shall beindependent in the performance ofprofessional services as required bystandards promulgated by bodies

    designated by Council.

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    Financial Interests

    Interpretations of Rule 101 prohibitcovered members from owning anydirect investments in audit clients.

    Covered members

    Direct versus indirect financial interest

    Material or immaterial

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    Related FinancialInterests Issues

    Former practitioners

    Normal lending procedures

    Financial interests and employment

    of immediate and close family members

    Joint investor or investee relationship

    with client

    Director, officer, management,or employee of a company

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    Litigation Between CPA Firmand Client

    A lawsuit or intent to start a lawsuit betweena CPA firm and its client, the ability of theCPA firm and client to remain objectiveis questionable.

    The interpretations regard such litigation as

    a violation of Rule 101.

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    Bookkeeping and OtherServices

    The AICPA Codepermits a CPA firmto do both bookkeeping and auditingfor the same client.

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    Bookkeeping and OtherServices

    1. Client must accept full responsibilityfor the financial statements.

    2. The CPA must not assume the roleof employee or of management.

    3. The audit must conform to GASS.

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    Bookkeeping and OtherServices

    The SEC and AICPA rules do not allowaudit firms to provide bookkeepingservices to public company audit clients.

    Consulting and other nonaudit services

    Unpaid fees

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    Learning Objective 7

    Understand the requirements of

    other rules under the AICPA Code.

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    Other Rules of Conduct

    102Integrity and objectivity

    201General standards

    202Compliance with standards

    203Accounting principles

    301Confidential client information

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    Other Rules of Conduct

    302Contingent fees

    501Acts discreditable

    502Advertising and other forms

    of solicitation

    503Commissions and referral fees

    505Form of organization and name

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    Learning Objective 8

    Describe the enforcement

    mechanisms for the rules

    of conduct.

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    Enforcement

    Action by AICPA Professional Ethics Division

    Action by a state Board of Accountancy

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    End of Chapter 4