Professionalism and Ethics

 

 

 


Question 1
The following are situations that may violate the Code of Professional Conduct. Assume, in each case, that the CPA is a partner. Discuss whether the facts in any of the situations indicate violations of the Code of Professional Conduct. If so, identify the nature of the violation(s).

A. Contel, CPA, advertises in the local paper that his firm does the audit of 14 of the 36
largest community banks in the state. The advertisement also states that the average
audit fee, as a percentage of total assets for the banks he audits, is lower than any
other CPA firms in the state.

B. Davis, CPA, sets up a small loan company specializing in loans to business executives
and small companies. Davis does not spend much time in the business because he
spends full time with his CPA practice. No employees of Davis’s CPA firm are
involved in the small loan company.

C. Elbert, CPA, owns a material amount of stock in a mutual fund investment company,
which in turn owns stock in Elbert’s largest audit client. Reading the investment
company’s most recent financial report, Elbert is surprised to learn that the
company’s ownership in his client has increased dramatically.

D. Able, CPA, owns a substantial limited partnership interest in an apartment building.
Frederick Marshall is a 100% owner in Marshall Marine Co. Marshall also owns a
substantial interest in the same limited partnership as Able. Able does the audit of
Marshall Marine Co.

E. Baker, CPA, approaches a new audit client and tells the president that he has an idea
that could result in a substantial tax refund in the prior year’s tax return by application of a technical provision in the tax law that the client had overlooked. Baker
adds that the fee will be 50% of the tax refund after it has been resolved by the
Internal Revenue Service. The client agrees to the proposal.        (15 marks)


Question 2

You are an audit senior at Branche & Co and have been allocated to the audit of Mello Vibes Co (Mello), a listed company which has been an audit client for eight years and specializes in manufacturing musical instruments.

Beverly Oak was the audit engagement partner for Mello and as she had completed seven years as the audit engagement partner, she has recently been rotated off the audit engagement. The current audit partner, Sandeep Pine, has suggested that to maintain a close relationship with Mello, Beverly should undertake the role of independent review partner this year. In addition, Mello has requested that Beverly assist them by attending their audit committee meetings, as a non-executive director has recently left the company. Mello has also asked Sandeep and the other partners at Branche & Co to help them in recruiting a new non-executive director.

The total fees received by Branche & Co for last year equated to 16% of the firm’s total fee income. The current year’s audit fee has not yet been confirmed, but along with taxation and other possible non-audit fees the total income from Mello this year could be greater than for last year. Last year’s audit fee was being paid monthly by Mello, but no payments have been made for the last three months. The audit manager for Mello has just announced that he is leaving Branche & Co to join Mello as the financial controller.

 

(i)   Identify and explain FIVE ethical threats which may affect the independence of Branche & Co’s audit of Mello Vibes Co; and (10 marks)
(ii)  For each threat explain how it might be reduced to an acceptable level.  (15 marks)
 

Sample Answer

 

 

 

 

 

 

 

 

 

Question 1: Violations of the Code of Professional Conduct

 

The CPA Code of Professional Conduct (often based on AICPA standards) includes rules concerning integrity and objectivity, independence, general standards, compliance with standards, and acts discreditable, among others. Assuming the CPA is a partner, the analysis is as follows:

 

A. Contel, CPA - Advertising

 

Violation: Rules on Advertising and Other Forms of Solicitation (A CPA shall not seek to obtain clients by advertising or other forms of solicitation in a manner that is false, misleading, or deceptive).

Nature of Violation(s):

False, Misleading, or Deceptive Advertising (Rule 502): The statement regarding the "average audit fee, as a percentage of total assets... is lower than any other CPA firms in the state" is likely unverifiable and potentially misleading. Comparing fees across firms is complex, as it depends on scope, client complexity, and other factors. Without clear, objective, and verifiable data, such a claim is prohibited as it can deceive the public.

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Impaired Independence: Able (CPA partner) and Frederick Marshall (100% owner of the audit client, Marshall Marine Co.) both own a substantial limited partnership interest in the same apartment building. This constitutes a joint closely held investment. Since both interests are "substantial," the investment is likely material to both parties, and therefore, Able's independence from Marshall Marine Co. is impaired.

 

E. Baker, CPA - Contingent Fee Arrangement

 

Violation: Contingent Fees Rule (Rule 302).

Nature of Violation(s):

Contingent Fee Prohibition: A CPA is prohibited from performing a service for a contingent fee for any client for whom the CPA (or the CPA's firm) performs an audit or review.

Violation: Baker is proposing a fee of 50% of the tax refund, which is a contingent fee (the fee is dependent on the outcome of the service). Since Baker performs the audit of this client, charging a contingent fee for a tax service (or any other service) to this client violates Rule 302. The independence rules prevent such financial arrangements that give the CPA a financial interest in the client's results.

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