AICPA Profesional Ethics Codification Project PowerPoint

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AICPA

Ethics Codification Project

As of January 24, 2014

Project Objective

Create user friendly, intuitively arranged Code

Revise without making significant changes to existing requirements and restrictions

• Clarity through better drafting conventions

• Substantive changes will follow due process

Incorporate conceptual framework approach

• Incorporate threats and safeguards

• Conceptual framework only applies when no guidance in Code exists

• Cannot be used to override existing requirements

Project Objective cont.

Incorporate references to division’s nonauthoritative guidance

Physically different – Separate parts

Part 1: Members in public practice

Part 2: Members in business

Part 3: All Other Members

On-line Codification with enhanced functionality

Project Page on aicpa.org. Contains information such as:

• Mapping Documents

• Informational Video and articles

• Project Timeline

• Drafting Guidelines www.aicpa.org/InterestAreas/ProfessionalEthics/Community/Pages/ aicpa-ethics-codification-project.aspx

Substantive Changes

AICPA Ethics Codification

Incorporate Conceptual Frameworks

Two New Frameworks

• Conceptual Framework for Members in the Practice of Public

Accounting

• Conceptual Framework for Members in Business

Applied when no guidance on a particular relationship or circumstance

Violation of applicable Rule

• If the member cannot demonstrate that safeguards were applied that eliminated or reduced significant threats to an acceptable level

Other Substantive Changes

Ethical Conflicts

Definition of Attest Client

Loans and Lending Institutions

Blind Trusts

Expanded Application

• Self-Review Treat

• Director Positions

• False, Misleading or Deceptive Acts

• Billing for a Subcontractor's Services

• Attest Engagement Performed with Former Partner

• Use of AICPA Awarded Designation

What is a Conceptual Framework

Nothing on Point in the Code

• Old Thinking

 Relationship or circumstance must be permitted

• Revised Thinking

 Apply the conceptual framework

Requires professional judgment

• Reasonable Third Party

- For example, if the situation involves a staff person often an effective safeguard is:

- The staff's removal from the engagement

Additional review of the staff’s work

Steps of the Conceptual Framework

Step 1

Identify

Threats

No

Threats

Proceed

Step 2

Evaluate

Threats

Threats not

Significant

Proceed

Threats

Not Acceptable

Level…Stop

Step 3

Identify

Safeguard s

Existing New

Step 4 Evaluate

Safeguards

Threats at

Acceptable

Proceed

Conceptual Framework - Case Study

Characters

• Anthony “Auto” – Owner of Used Car Dealership

• Evan – Owner of a CPA Firm (and Thomas’ brother)

• Robert – Owner of Auto Supply Store and über mechanic

(childhood friend of Auto and Evan)

Situation

• Can Evan perform reviews for Robert’s store?

Polling Question: Conceptual

Framework

When using the conceptual framework, if a threat is significant you should:

A.

Not perform the attest engagement

B.

Discuss the threat with those charged with governance

C.

Apply safeguards that eliminate or reduce the threat to an acceptable level

D.

Adopt policies and procedures that are designed to monitor the quality control of the attest engagement

Polling Question: Safeguards

If Evan implemented the same safeguards, could he perform an annual review for Auto’s used-car dealership?

A.

Yes

B.

No

Nonauthoritative Guidance

AICPA Ethics Codification

Nonauthoritative Guidance References

Appears in boxed text at the end of the applicable topic, sub-topic or section. For example:

Appraisal, Valuations, and Actuarial Services for Nonfinancial Statement

Purposes

.06 Threats would be at an acceptable level, if a member provided appraisal, valuation, or actuarial services solely for nonfinancial statement purposes, such as appraisal, valuation, and actuarial services performed for tax planning or tax compliance, estate and gift taxation, and divorce proceedings. Accordingly, independence would not be impaired. [Prior reference: paragraph .05 of ET section 101]

Nonauthoritative answers to FAQs regarding appraisal, valuation, and actuarial services are available at www.aicpa.org/InterestAreas/ProfessionalEthics/Resources/Tools/

DownloadableDocuments/NonattestServicesFAQs.doc

Visual Example

AICPA Ethics Codification

Four Parts

Preface

0.100.000 Overview of the Code of Professional Conduct

0.200.000 Structure and Application of the AICPA Code

0.300.000 Principles of Professional Conduct

0.400.000 Definitions

0.500.000 Nonauthoritative Guidance

0.600.000 New, Revised, and Pending Interpretations and Other

Guidance

0.700.000 Deleted Interpretations and Other Guidance

Part 1

Part 2

Part 3

Part 1

Members In Public Practice - Topics

1.000 INTRODUCTION

1.100 INTEGRITY AND OBJECTIVITY

1.200 INDEPENDENCE

1.300 GENERAL STANDARDS

1.310 COMPLIANCE WITH STANDARDS

1.320 ACCOUNTING PRINCIPLES

1.400 ACTS DISCREDITABLE

1.500 FEES AND OTHER TYPES OF REMUNERATION

1.510 CONTINGENT FEES

1.520 COMMISSIONS AND REFERRAL FEES

1.600 ADVERTISING AND OTHER FORMS OF SOLICITATION

1.700 CONFIDENTIAL INFORMATION

1.800 FORM OF ORGANIZATION AND NAME

Independence Sub-Topics

1.210 Conceptual Framework

Approach

1.220 Accounting Firms

1.224 Affiliates, including

Governmental Units

1.226 Reissued Reports

1.228 Engagement Contractual Terms

1.230 Fees

1.240 Financial Interests

1.245 Trusts and Estates

1.250 Participation in Employee

Benefit Plans

1.255 Depository, Brokerage and

Other Accounts

1.257

Insurance Products

1.260 Loans, Leases, and Guarantees

1.265 Business Relationships

1.270 Family Relationships with Attest

Clients

1.275

Current Employment or Association with an Attest Client

1.277

Former Employment or Association with Attest Client

1.279

Considering or Subsequent

Employment or Association with

Attest Client

1.280 Memberships

1.285

Gifts and Entertainment

1.290 Actual or Threatened Litigation

1.295 Nonattest Services

1.297 Independence Standards for

Engagements Performed in

Accordance with SSAEs

Financial Interest

1.240.010 – Overview of Financial Interests

1.240.020 – Unsolicited Financial Interests

1.240.030 – Mutual Funds

1.240.040 – Retirement, Savings, Compensation, or

Similar Plans

1.240.050 – Partnerships

1.240.060 – Limited Liability Companies

1.240.070 - Section 529 Plans

Loans, Leases and Guarantees

1.260.010- Loans

1.260.020 – Loans and Leases with Lending

Institutions

1.260.030 – Servicing of a Loan

1.260.040 – Leases

1.260.050 – Association With an Entity That Has a Loan to or From an Attest Client

Mapping Content and Citations

AICPA Ethics Codification

Mapping Document…

excerpt

Extant Code Citations

New

Introduction

Introduction

New

New

ET section 91

New

New

New

ET section 51

ET section 52

ET section 53

ET section 54

AICPA Ethics Codificaiton Mapping As of December 31, 2013

Title In Code New Citation In Code Title In Codification

0.100

0.100.010

Overview of the Code of Professional Conduct

Principles and Rules of Conduct Composition, Applicability, and

Compliance

Other Guidance

Applicability

Preamble

Article I - Responsibilities

Article II - The Public Interest

Article III - Integrity

0.100.020

0.200.010

0.200.020.01

0.200.020.02-.05

0.200.030

0.200.040

0.200.050

0.300.010

0.300.020

0.300.030

0.300.040

Interpretations and Other Guidance

Structure of the AICPA Code

Application of the AICPA Code

Application of the AICPA Code

Citations

Transition Provisions

Drafting Conventions

Preamble

Responsibilities

The Public Interest

Integrity http://www.aicpa.org/InterestAreas/ProfessionalEthics/Com munity/DownloadableDocuments/Mapping.xlsx

Prior Citations in Exposure Draft

1.400.210Removing Client Files or Proprietary

Information From a Firm

.01 A member whose employment relationship is terminated would be considered in violation of the

Acts Discreditable rule if the member takes or retains

(a) originals or copies (in any format) from the firm ’s client files or (b) proprietary information without the firm ’s permission, unless the member has a contractual arrangement with the firm allowing such action. [Prior reference: paragraphs .381

–.382 of ET section 591]

Framework Document…excerpt

Part 1: Members in Public Practice

000 INTRODUCTION (New Content)

• 000.010 Conceptual Framework for Members in Public Practice (New

Content)

• 000.020 Ethical Conflicts (New Content)

100 INTEGRITY AND OBJECTIVITY

100.001 “Rule 102” Integrity and Objectivity (ET § 102.01)

• 100.005 Application of the Conceptual Framework for Members in

Public Practice and the Ethical Conflicts Interpretation (New Content)

110 Conflicts of Interest

• 110.010 Conflicts of Interest (ET § 102.03, ER93, ET § 191.186-.187,

ER 99, ET § 191.198-.199, ER110, ET § 191.220-.221)

• 110.020 Director Positions (ER 85, ET § 191.170-.171, Substantive

Change Made) http://www.aicpa.org/InterestAreas/ProfessionalEthics/Community/Dow nloadableDocuments/Preliminary%20Framework%20for%20Codificati on.pdf

Questions

Slide 24

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