CHAPTER 19 INDEPENDENCE, PROFESSIONAL CONDUCT, AND QUALITY CONTROL Answers to Review Questions 19-1 The three theories of ethical behavior are (1) utilitarianism, (2) rights-based approach, and (3) justice-based approach. Utilitarian theory recognizes that decisionmaking involves trade-offs among the benefits and burdens of alternative actions, and it focuses on the consequences of an action on the individuals affected. The theory proposes that the interests of all parties affected, not just one's self-interest, should be considered. The theory of rights assumes that individuals have certain rights and other individuals have a duty to respect those rights. Thus, a decision maker who follows a theory of rights should undertake an action only if it does not violate the rights of any individual. The theory of justice is concerned with issues such as equity, fairness, and impartiality. Decisions made within this theory should lead to a fair and equitable distribution of resources among those individuals or groups affected. 19-2 The six stages of ethical development are: Stage I: The individual's actions are judged in terms of their physical consequences, such as avoidance of punishment. Stage II: The individual is aware of others' needs, but satisfaction of the individual’s own needs is the basic motivation for action. Stage III: The individual attempts to conform to group norms. The other's view of the situation is considered, and conflicts are resolved through the use of these norms. Stage IV: The individual is concerned about order in society and its rules. The individual uses the laws and rules for guidance in conflict situations. Stage V: The individual views social contracts and mutual obligations as important. Differences in conflict situations are resolved impartially and with consideration of everyone's interests. Stage VI: The individual bases actions on universal moral and ethical principles (such as justice, equality, and dignity) that apply to all individuals and groups. 19-3 The motivation behind the SEC’s new rules related to independence was to ensure that they remain relevant, effective, and fair given the current business environment. The mergers of the major public accounting firms increased their size and expanded their geographical presence. Additionally, these firms have entered into various types of business relationships with their audit clients and technology has allowed employees to be more mobile and as a result the geographical location of the employee is less important. Finally, audit clients are increasingly hiring firm partners and professional staff, and more dual-career families create instances of spouses holding high-level management positions with audit clients. 1 19-4 The AICPA Code of Professional Conduct consists of two major sections: Principles of Professional Conduct. Rules of Conduct. Additional guidance for applying the Rules of Conduct is provided by Interpretations of Rules of Conduct. Ethics Rulings by the Professional Ethics Executive Committee. 19-5 The six Principles of Professional Conduct are: Responsibilities: In carrying out their responsibilities as professionals, members should exercise sensitive professional and moral judgments in all their activities. 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. Integrity: To maintain and broaden public confidence, members should perform all professional responsibilities with the highest sense of integrity. 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. 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. 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. 19-6 The Rules of Conduct are organized into five sections: Independence, Integrity, and Objectivity. General Standards and Accounting Principles. Responsibilities to Clients. Responsibilities to Colleagues. Other Responsibilities and Practices. The practice of public accounting consists of the performance for a client, by a member or a member's firm, while holding out as CPA(s), of the professional services of accounting, tax, personal financial planning, litigation support services, and those professional services for which standards are promulgated by bodies designated by the Council of the AICPA. 2 19-7 Interpretation 101-5 permits the following types of personal loans from a financial institution: Automobile loans and leases collateralized by the automobile. Loans fully collateralized by the cash surrender value of an insurance policy. Loans fully collateralized by cash deposits at the same financial institution. Credit cards and cash advances on checking accounts with an aggregate balance not currently paid of $5,000 or less. Normal lending procedures, terms, and requirements are defined as lending procedures, terms, and requirements that are reasonably comparable to those relating to loans of a similar character given to other borrowers during the period in which the loan to the member is given, including (1) the amount of the loan in relationship to the value of the collateral pledged as security and the credit of the member or member's firm, (2) repayment terms, (3) the interest rate, including points, (4) closing costs, and (5) the general availability of such loans to the public. 19-8 Rule 301 specifies four situations when a CPA can disclose confidential information without the client's consent: (1) to meet disclosure requirements for GAAP and GAAS, (2) to comply with a valid and enforceable subpoena, (3) as required by an authorized peer review board or body, and (4) as part of an investigative or disciplinary proceeding. 19-9 The following acts are considered discreditable under Rule 501: Retention of client records. 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 services. Solicitation or disclosure of CPA examination questions and answers. Failure to file tax return or pay tax liability. 19-10 The following are examples of advertising activities that are prohibited by the Rules of Conduct: Creating false or unjustifiable expectations of favorable results. Implying an ability to influence any court, tribunal, regulatory agency, or similar body or official. Claiming that specific professional services in current or future periods will be performed for a stated fee, estimated fee, or fee range when it is likely at the time of representation that such fees will be substantially increased and the prospective client was not advised of that likelihood. Making any other representations that would be likely to cause a reasonable person to misunderstand or be deceived. 3 19-11 A firm's system of quality control encompasses its organizational structure and the policies adopted to provide the firm with reasonable assurance of conforming with professional standards (QC 10.03). The five elements of quality control and examples of policies or procedures that can be used to fulfill each element are: Independence, integrity, and objective: Inform personnel of the firm's independence policies and procedures and advise them that they are expected to be familiar with these policies and procedures. Obtain from personnel annual, written representations stating that they are familiar with the policies and procedures and that prohibited investments are not held and were not held during the period. Personnel management: Plan for the firm's personnel needs at all levels and establishment quantified hiring objectives based on current clientele, anticipated growth, personnel turnover, individual advancement, and retirement. Identify the attributes to be sought in hirees, such as intelligence, integrity, honesty, motivation, and aptitude for the profession. Acceptance and continuance of clients: Establish procedures for evaluation of prospective clients, such as (1) obtaining and review of available financial information regarding the prospective clients and (2) inquiry of third parties about any information regarding the prospective client and its management. Designate an individual or group, at appropriate management levels, to evaluate the information obtained and to make the acceptance decision. Engagement of performance: Provide adequate supervision at all organizational levels, considering the training, ability, and experience of the personnel assigned. Develop guidelines for review of working papers and for documentation of the review process inspection. Monitoring: Determine of the inspection procedures necessary to provide reasonable assurance that the firm's other quality control policies and procedures are operating effectively. Inspect practice units, functions, or departments. 4 Answers to Multiple-Choice Questions 19-12 19-13 19-14 19-15 19-16 19-17 19-18 C D C B B C C 19-19 19-20 19-21 19-22 19-23 19-24 A B D B A A 5