CHARTERED ACCOUNTANTS ACADEMY

APPLIED AUDITING AND GOVERNANCE DEPARTMENT

CERTIFICATE OF THEORY IN ACCOUNTING

STUDY UNIT 2 – CODE OF PROFESSIONAL CONDUCT

Contents
1. Introduction.................................................................................................................................12
2. Objectives of the Code of professional conduct..........................................................................12
3. Scope...........................................................................................................................................12
4. Study material.............................................................................................................................12
5. Competence Framework expectation..........................................................................................12
6. Examination possibilities.............................................................................................................13
7. Assumed Knowledge...................................................................................................................13
8. Integration...................................................................................................................................13
9. Course Notes...............................................................................................................................14
9.1 Background..............................................................................................................................14
9.2 Structure of the Code..............................................................................................................14
9.3 Overview of the Code..............................................................................................................16
9.4 PART 1 - COMPLYING WITH THE CODE, FUNDAMENTAL PRINCIPLES AND CONCEPTUAL
FRAMEWORK.......................................................................................................................................17
9.4.1 Section 100 – Complying with the Code..............................................................................17
110.1 A1 – Fundamental Principles.....................................................................................................17
Integrity - 111......................................................................................................................................17
Objectivity – 112..................................................................................................................................18
Professional Competence and Due Care – 113....................................................................................18
Confidentiality – 114...........................................................................................................................18
Professional Behaviour – 115..............................................................................................................19
10. The conceptual framework – 120............................................................................................19
10.1. Categories and identification of threats – 120.6..................................................................20
10.2. Evaluating threats................................................................................................................22
11. PART 2 - PROFESSIONAL ACCOUNTANTS IN BUSINESS............................................................23
11.1. 200 Applying the conceptual framework – professional accountants in business...............23
11.2. Threats that may arise within the context of CA in business – 200.6A1..............................24
11.3. Conflicts of interest - 210.....................................................................................................24
11.4. 220 Preparation and presentation of information...............................................................25
11.5. Addressing information that is or might be misleading.......................................................26
11.6. Documentation....................................................................................................................26
11.7. Acting with sufficient expertise - 230...................................................................................27
11.8. Financial interests, compensation and incentives linked to financial reporting and decision
making - 240........................................................................................................................................27
11.9. Inducements, including gifts and hospitality – 250..............................................................28
11.10. Responding to non-compliance with laws and regulations – 260........................................29
11.10.1.1. Categories of Chartered Accountants in Busines.........................................................29
11.11. What are the NOCLAR requirements?.................................................................................30
11.12. Steps to take when PA becomes aware of suspected or actual NOCLAR.............................32
11.13. Pressure to breach the fundamental principles - 270..........................................................37
11.14. Documentation....................................................................................................................37
12. PART 3 – PROFESSIONAL ACCOUNTANT IN PUBLIC PRACTICE.................................................39
12.1. Conflicts of interest para 310.4A - 310................................................................................39
12.2. Professional appointments (Section 320)............................................................................40
12.3. Engagement Acceptance – para 320.3 A1 to 320.3 A5........................................................40
12.4. Changes in professional appointment – par R320.4 – 320.8................................................40
12.5. Client and Engagement Continuance – R320.9....................................................................42
12.6. Second opinions – para 321.1 to R321.4..............................................................................42
12.7. Fees and other types of remuneration – para 330.1 to 330.2.............................................42
12.8. Contingent fees – para 330.4 A1 to 330.4 A4......................................................................42
12.9. Inducements, including gifts and hospitality – para 340......................................................43
12.10. Custody of client assets – para 350.1 to R350.5..................................................................43
12.11. Responding to non-compliance with laws and regulations NOCLAR – para 360.1 to
R360.40A1...........................................................................................................................................44
12.12. Steps to take when PA becomes aware of suspected or actual NOCLAR.............................45
13. PART 4 A- INDEPENDENCE FOR AUDIT AND REVIEW ENGAGEMENTS.....................................49
13.1. Section 400: Independence – Audit and Review Engagements...........................................49
14. PART 4B – INDEPENDENCE FOR ASSURANCE ENGAGEMENTS OTHER THAN AUDIT AND
REVIEW ENGAGEMENTS......................................................................................................................61
14.1. 900 Applying the conceptual framework to independence for assurance engagements
other than audit and review engagements.........................................................................................61
10.Question on the code of professional conduct...............................................................................63
1. Introduction
In your future career as a Chartered Accountant, you will face many situations where you
will have to decide based on moral values, for example:
Am I going to report a client to the authorities for evading tax? The accounting and auditing
profession‘s credibility and sustainability rests on its members’ ability to act in an ethical
manner and it is for this reason that there are various pronouncements that guide members
in their way of thinking when it comes to the questions as described above.
A distinguishing mark of the accountancy profession is its acceptance of the responsibility to
act in the public interest, which means that when accountants are providing professional
services, they need to ensure that these are not being done in conflict to public interest.

2. Objectives of the Code of professional conduct

 Evaluating compliance with the Code of Conduct and the application of ethical
judgment with regards to situations that may arise in the discharging of duties as
professional accountants.
 Identifying and applying the following fundamental principles in audit situations:
Integrity; objectivity; professional competence and due care; confidentiality and
professional behavior.
 Applying the conceptual framework to respond to threats to fundamental principles
 Apply the provisions in Part 2 and Part 3 of the code to respond to various situations
or circumstances that may pose a threat to compliance with fundamental principles.
 Understand and apply the independence standards requirements when providing
assurance services

3.Scope
 ICAZ Code of professional conduct

4. Study material
CAA Applied Auditing and Governance Module 1 (AUD 402)
ICAZ/SAICA Code of Professional Conduct
We recommend that you study the CPC directly from the SAICA Handbook as this is the book
that you may take into the venue with you when writing the test and/or exam, as per the
Open Book Policy.

5. Competence Framework expectation

IV-2 Provides assurance services
IV-2.1 Identifies and considers issues related to accepting an engagement
Level I

 Gathers and examines information pertaining to a potential client and engagement

to assess whether or not there are significant threats to the adherence to ethical
requirements and professional standards and legislation resulting from undertaking
the engagement
 Utilises the understanding gained of the elements of risk and the decision factors to
evaluate the overall risk in accepting the engagement
 Concludes on whether to accept the engagement

6. Examination possibilities
 Practical scenarios of ethical dilemmas where you will be required to evaluate
threats to fundamental principles and apply safeguards.
 Required to link case material to ethical knowledge and theory
 Requirement to identify concerns in terms of the Code of professional conduct.
 Identify a matter which is non-compliance with laws and regulations (NOCLAR) and
apply the relevant steps in reporting NOCLAR for a CA in business or a CA in public
practice

7. Assumed Knowledge
 The need for auditors to comply with ethics
 The fundamental principles
 The need for an auditor to be independent

8. Integration
 Pre-engagement activities
 Quality control and audit documentation
 Corporate governance
9. Course Notes
9.1 Background
The Institute of Chartered Accountants of Zimbabwe (ICAZ) and the Public Accountants
and Auditors Board (PAAB) in Zimbabwe have adopted the International Federation of
Accountants’ (IFAC) Code. The Codes are based on the Code of Ethics for Professional
Accountants (Including international independence standards) as issued by the
International Ethics Standard Board of Accountants (the ―IESBA Code).

A distinguishing mark of the accountancy profession is its acceptance of the

responsibility to act in the public interest as inculcated in the code of professional
conduct. Undoubtedly the most important quality and prerequisite for members of the
profession is the highest standard of professional ethics. Intellectual and practical
competency is important of course but the trust and reputation of the profession in the
mind of the public can easily be eroded by a lack of professional ethics.

Please note that reading these study notes is not a substitute for you as a student to also
read directly from the Code of Professional Conduct for further details and
understanding.

9.2 Structure of the Code

The Code contains the following material:

Part 1 – Complying with the Code, Fundamental Principles and Conceptual Framework,
which includes the fundamental principles and the conceptual framework and is
applicable to all professional accountants.

Part 2 – Professional Accountants in Business, which sets out additional material that
applies to professional accountants in business when performing professional activities.
Professional accountants in business include professional accountants employed,
engaged or contracted in an executive or non-executive capacity in, for example:
 Commerce, industry or service.
 The public sector.
 Education.
 The not-for-profit sector.
 Regulatory or professional bodies.

Part 2 is also applicable to individuals who are professional accountants in public

practice
when performing professional activities pursuant to their relationship with the firm,
whether as a contractor, employee or owner
.
Part 3 – Professional Accountants in Public Practice, which sets out additional material
that applies to professional accountants in public practice when providing professional
services.
Part 4 - International Independence Standards, which sets out additional material that
applies to professional accountants in public practice when providing assurance services,
as follows:

Part 4A – Independence for Audit and Review Engagements, which applies when
performing audit or review engagements.

Part 4B – Independence for Assurance Engagements Other than Audit and Review
Engagements, which applies when performing assurance engagements that are not
audit or review engagements.

Glossary, which contains defined terms (together with additional explanations where
appropriate) and described terms which have a specific meaning in certain parts of the
Code.
For example, as noted in the Glossary, in Part 4A, the term “audit engagement” applies
equally to both audit and review engagements. The Glossary also includes a list of
abbreviations that are used in the Code and other standards to which the Code refers.

The Code contains sections which address specific topics. Some sections contain
subsections dealing with specific aspects of those topics. Each section of the Code is
structured, where appropriate, as follows:

 Introduction – sets out the subject matter addressed within the section and
introduces the requirements and application material in the context of the
conceptual framework. Introductory material contains information, including an
explanation of terms used, which is important to the understanding and application
of each Part and its sections.

 Requirements – establish general and specific obligations with respect to the subject
matter addressed.

 Application material –provides context, explanations, suggestions for actions or

matters to consider, illustrations and other guidance to assist in complying with the
requirements
9.3 Overview of the Code
PART 1
COMPLYING WITH THE CODE, FUNDAMENTAL PRINCIPLES AND CONCEPTUAL FRAMEWORK
(ALL PROFESSIONAL ACCOUNTANTS - SECTIONS 100 TO 120)

PART 2
PROFESSIONAL ACCOUNTANTS IN BUSINESS PART 3
(Section 200 to 270) PROFESSIONAL
ACCOUNTANT IN PUBLIC
(PART 2 IS ALSO APLICABLE TO INDIVIDUAL PRACTICE
PROFESSIONAL ACCOUNTANTS IN PUBLIC PRACTICE
WHEN PERFORMING PROFESSIONAL ACTIVITIES (Sections 300 to 360)
PURSUANT TO THEIR RELATIONSHIP WITH)

INTERNATIONAL INDEPENDENCE STANDARDS

(PARTS 4A AND 4B)
PART 4A - INDEPENDENCE FOR AUDIT AND
REVIEW ENGAGEMENTS
(SECTIONS 400 TO 800)
PART 4B - INDEPENDENCE FOR ASSURANCE
ENGAGEMENTS OTHER THAN AUDIT AND
REVIEW ENGAGEMENTS (SECTIONS 900 TO
990)
9.4 PART 1 - COMPLYING WITH THE CODE, FUNDAMENTAL PRINCIPLES AND CONCEPTUAL
FRAMEWORK

9.4.1 Section 100 – Complying with the Code

A distinguishing mark of the accountancy profession is its acceptance of the
responsibility to act in the public interest as inculcated in the code of professional
conduct. Part 1 of the code establishes the fundamental principles of professional
ethics for chartered accountants and provides a conceptual framework that
chartered accountants shall apply.

110.1 A1 – Fundamental Principles

Professional
Integrity Objectivity Competence
and Due Care

Professional
Confidentiality
Behaviour

Integrity - 111
Requiremen To be straightforward and honest in all professional and
t business relationships.
What’s the CA should:
implication  Be truthful and fair in all dealings;
to a  Not be associated with falsified/misleading information;
chartered
accountant?
Objectivity – 112
Requiremen Not to compromise professional or business judgments because
t of bias, conflict of interest or undue influence of others.
What’s the A CA should not undertake a professional activity if there are
implication circumstances they may unduly influence them in performing
to a that work.
chartered
accountant?

Professional Competence and Due Care – 113

Requirement Attain and maintain professional knowledge and skill at the level
required to ensure that a client or employing organization
receives competent professional service, based on current
technical and professional standards and relevant legislation;
and

Act diligently and in accordance with applicable technical

and professional standards.
What’s the The CA is expected to:
implication  Maintain professional competence through continuous
to a professional development;
chartered  Take reasonable steps to ensure that those working in a
accountant? professional capacity under the accountant’s authority
have appropriate training and supervision;

Confidentiality – 114
Requirement To respect the confidentiality of information acquired as a result
of professional and business relationships.
What’s the  Maintain the confidentiality of client or employer information
implication and not use it for personal gain or for the gain of a 3rd party;
to a  May be required to disclose confidential information in the
chartered following circumstances:
accountant? o Disclosure is required by law;
o Disclosure is permitted by law and is authorized by
client or employer;
o When there is a professional duty to disclose;
 To keep information confidential even after termination of
employment contract or client relationship.
Professional Behaviour – 115
Requirement To comply with relevant laws and regulations and avoid any
. conduct that the chartered accountant knows or should know
might discredit the profession.
What’s the In marketing professional services-chartered accountants should
implication not make:
to a  Exaggerated claims for the services offered by, or the
chartered qualifications or experience of, the accountant;
accountant?  Disparaging references or unsubstantiated comparisons
to the work of others.

10. The conceptual framework – 120

In providing their professional services-chartered accountants often encounter
situations or circumstances (threats) that may affect their ability to comply with the
ethical requirements as inculcated in the fundamental principles. Sect 120 of the
CPC provides a framework which provides guidance on how the chartered
accountant should respond to these circumstances or situations.

The conceptual framework specifies an approach for a professional accountant to:

a) Identify threats to compliance with the fundamental principles;
b) Evaluate the threats identified; and
c) Address the threats by eliminating or reducing them to an acceptable level.
10.1. Categories and identification of threats – 120.6

Self Interest Self Review Familiarity

Advocacy Intimidation
Threats to fundamental principles
Self – interest threat – the threat that a financial or other interest will
inappropriately influence the chartered accountant’s judgement or behaviour.
Examples:
a. Financial interest in a client’s affairs e.g., owning shares.
b. Dependency on total fees earned from one client.
c. A close business relationship with a client.
d. A professional accountant accepting gifts or preferential treatment from a
client, unless the value is trivial or inconsequential.
e. Contingent fee arrangement relating to assurance engagement
Self-review threat – the threat that a chartered accountant will not
appropriately evaluate the results of a previous judgement made or services
performed by the chartered accountant.
Examples:
a. Auditing financial statements prepared by the firm.
b. Preparing data which is subsequently the subject of an assurance
engagement.
c. Member of engagement team is an ex-director or employee of the client
Advocacy threat – the threat that a chartered accountant will promote a client’s
position to the point that the chartered accountant objectivity is compromised.
Examples:
a. Firm promoting shares in an audit client
b. A professional accountant acting as an advocate on behalf of an audit
client in litigation or disputes with third parties.
Familiarity threat- The threat that due to a long or close relationship with a
client, a CA will be too sympathetic to their interests or too accepting of their
work
Examples:
a. A member of the engagement team having a close or immediate family
member who is a director or officer of the client.
b. A member of the engagement team having a close or immediate family
member who is an employee of the client who is in a position to exert
significant influence over the subject matter of the engagement.
c. A professional accountant accepting gifts or preferential treatment from a
client, unless the value is trivial or inconsequential.
Intimidation threat – the threat that a CA will be deterred from acting
objectively because of actual or perceived pressures, including attempts to
exercise undue influence over the CA
Examples:
a. A firm being threatened with dismissal from a client engagement.
b. An audit client indicating that it will not award a planned non-assurance
 contract to the firm if the firm continues to disagree with the client’s
accounting treatment for a transaction.
c. A firm being threatened with litigation by the client.

It is key to note that a circumstance might create more than one threat, and a
threat might affect compliance with more than one fundamental principle.

10.2. Evaluating threats

When a chartered accountant has identified a threat to compliance with the
fundamental principles, the CA should evaluate whether that threat is at
anacceptable level.

What is Acceptable Is a level at which a CA using the reasonable and

level? informed party third party test concludes that the
threat will not affect compliance with
fundamental principles.
What does CA do if No further action required but need to
threat is at an continuously assess for any new information which
acceptable level? may have affected assessment of acceptable level.
What does the CA do The CA should either eliminate or reduce the
if threat is not at an threat to an acceptable level by:
acceptable level?  Eliminating the circumstances, including
interests or relationships, that are creating
the threats;
 Applying safeguards, where available and
capable of being applied, to reduce the
threats to an acceptable level; or
 Declining or ending the specific
professional activity.
What is a safeguard? These are actions that can be taken by a CA to
effectively reduce the effects of threats to
acceptable levels.
11.PART 2 - PROFESSIONAL ACCOUNTANTS IN BUSINESS (PA’s)

11.1. 200 Applying the conceptual framework – professional accountants in

business
Investors, creditors, employing organizations and other sectors of the business
community, as well as governments and the general public, might rely on the work
of professional accountants in business. PA’s in business might be solely or jointly
responsible for the preparation and reporting of financial and other information, on
which both their employing organizations and third parties might rely. They might
also be responsible for providing effective financial management and competent
advice on a variety of business-related matters. A PA in business might be an
employee, contractor, partner, director (executive or non-executive), owner -
manager or volunteer of an employing organization. The legal form of the
relationship of the accountant with the employing organization has no bearing on
the ethical responsibilities placed on the accountant.
The more senior the position of the PA the greater will be the ability and
opportunity to access information, and to influence policies, decisions made, and
actions taken by others involved with the employing organization. To the extent
that they are able to do so, taking into account their position and seniority in the
organization, accountants are expected to encourage and promote an ethics-based
culture in the organization. Examples of actions that might be taken include the
introduction, implementation and oversight of:
Ethics education and training programs
Ethics and whistle blowing policies
Policies and procedures designed to prevent non-compliance with laws and
regulations
11.2. Threats that may arise within the context of CA in business – 200.6A1
Category of Examples
threat
Self-interest  A chartered accountant holding a financial interest in, or
threat receiving a loan or guarantee from, the employing
organization.
 A chartered accountant participating in incentive
compensation arrangements offered by the employing
organization e.g. profit based bonuses.
 A chartered accountant having access to corporate assets
for personal use e.g. company allocated motor vehicle.
 A chartered accountant being offered a gift or special
treatment from a supplier of the employing organization.
Self-review  A chartered accountant determining the appropriate
Threats accounting treatment for a business combination
after performing the feasibility study supporting the
purchase decision.
Advocacy  A chartered accountant having the opportunity to
Threats manipulate information in a prospectus in order to obtain
favorable financing.
Familiarity  A chartered accountant being responsible for the
Threats financial reporting of the employing organization when
an immediate or close family member employed by the
organization makes decisions that affect the financial
reporting of the organization.
 A chartered accountant having a long association with
individuals influencing business decisions.
Intimidation  A chartered accountant or immediate or close family
Threats member facing the threat of dismissal or replacement
over a disagreement about:
o The application of an accounting principle.
o The way in which financial information is to be
reported.
 An individual attempting to influence the decision-making
process of the chartered accountant, for example with
regard to the awarding of contracts or the application of
an accounting principle.

11.3. Conflicts of interest - 210

A conflict of interest creates threats to compliance with the principle of objectivity
and might create threats to compliance with the other fundamental principles. Such
threats might be created when:
 a) A CA undertakes a professional activity related to a particular matter for two or
more parties whose interests with respect to that matter are in conflict or
b) The interest of a CA with respect to a particular matter and the interests of a
party for whom the accountant undertakes a professional activity related to the
matter are in conflict.
A CA shall not allow a conflict of interest to compromise professional or business
judgement
Examples of circumstances that might create a conflict of interest include:
a) Serving in a management or governance position (e.g. being a board member for
two competing companies) for two employing organizations and acquiring
confidential information from one organisation that may be used by the
professional accountant to the advantage or disadvantage of the other
organisation
b) Undertaking a professional activity for each of two parties in a partnership,
where both parties are employing the chartered accountant to assist them to
dissolve their partnership
c) Preparing financial information for certain members of management of the
chartered accountant’s employing organization who are seeking to undertake a
management buyout
d) Being responsible for selecting a vendor for the employing organisation when an
immediate family member of the chartered accountant might benefit financially
from the transaction
e) Serving in a governance capacity in an employing organization that is approving
certain investments for the company where one of those investment will
increase the value of the investment portfolio of the chartered accountant or an
immediate family member.

11.4. 220 Preparation and presentation of information

Chartered accountants at all levels in an employing organisation are involved in the
preparation or presentation of information both within and outside the
organization.
Stakeholders to whom, or for whom, such information is prepared or presented,
include:

 Management and those charged with governance

 Investors and lenders or other creditors
 Regulatory bodies
This information might assist stakeholders in understanding and evaluating aspects
of the employing organization’s state of affairs and in making decisions concerning
 the organization. Refer to Section 220.3.A2 for examples of financial and non-
financial information

When preparing or presenting information, a CA shall:

a) Prepare or present the information in accordance with a relevant reporting
framework, where applicable;
b) Prepare or present the information in a manner that is intended neither to
mislead nor to influence contractual or regulatory outcomes inappropriately;
c) Exercise professional judgement to:
 Represent the facts accurately and completely in all material respects
 Describe clearly the true nature of business transactions or activities; and
 Classify and record information in a timely and proper manner; and
d) Not omit anything with the intention of rendering the information misleading or
of influencing contractual or regulatory outcomes inappropriately.
Relying on the work of others – refer to section R220.7, 220.7 A

11.5. Addressing information that is or might be misleading

When the CA knows or has reason to believe that the information with which the
chartered accountant is associated is misleading, the chartered accountant shall take
appropriate actions to seek to resolve the matter, which may include:

 Take steps to have the matters corrected;

 If incorrect information had already been shared, take steps to inform those
stakeholders of the correct information;
 If not corrected, consider seeking legal advice or consulting with ICAZ;
 If not corrected, consider taking actions to disassociate yourself from that
incorrect information.
Refer to Section 220.8. A1 – A2 for appropriate actions in the circumstances

11.6. Documentation
The PA is encouraged to document:

 The facts
 The accounting principles or other relevant professional standards involved
 The communications and parties with whom the matter was discussed
 The courses of action considered.
 How the accountant attempted to address the matter (s)
11.7. Acting with sufficient expertise - 230
Acting without sufficient expertise creates a self-interest threat to compliance with
the principle of professional competence and due care.
A self-interest threat to compliance with the principle of professional competence
and due care might be created if a CA has:

 Insufficient time for performing or completing the relevant duties.

 Incomplete, restricted or otherwise inadequate information for performing the
duties
 Insufficient training and/or education.
 Inadequate resources for the performance of the duties
Examples of actions that might be safeguards to address such a self-interest threat
include:

 Obtaining assistance or training from someone with the necessary expertise

 Ensuring that there is adequate time available for performing the relevant duties
If a threat to compliance with the principle of professional competence and due care
cannot be addressed, a CA shall determine whether to decline to perform the duties
in question. If the accountant determines that declining is appropriate, the
accountant shall communicate the reasons.

11.8. Financial interests, compensation and incentives linked to financial

reporting and decision making - 240
Having a financial interest or knowing of a financial interest held by an immediate or
close family member might create a self-interest threat to compliance with the
principles of objectivity or confidentiality.
A CA shall not manipulate information or use confidential information for personal
gain or for the financial gain of others.
Examples of circumstances that might create a self-interest threat include situations
in which the CA or an immediate or close family member:

 Has a motive and opportunity to manipulate price-sensitive information in

order to gain financially.
 Holds a direct or indirect financial interest in the employing organization and
the value of that financial interest might be directly affected by decisions
made by the chartered accountant.
 Is eligible for a profit-related bonus and the value of that bonus might be
directly affected by decisions made by the accountant.
  Holds directly or indirectly deferred bonus share rights or share options in
the employing organization, the value of which might be affected by
decisions made by the chartered accountant.
 Participates in compensation arrangements which provide incentives to
achieve targets or to support efforts to maximise the value of the employing
organization’s shares, for example participation in incentive plans which are
linked to certain performance conditions being met.
Factors that are relevant in evaluating the level of such a threat include:

 The significance of the financial interest. What constitutes a significant

financial interest will depend on personal circumstances and the materiality
of the financial interest to the individual.
 Policies and procedures for a committee independent of management to
determine the level or form of senior management remuneration
 In accordance with any internal policies, disclosure to those charged with
governance of all relevant interests and any plans to exercise entitlements or trade
in relevant shares.

11.9. Inducements, including gifts and hospitality – 250

Offering or accepting inducements might create a self-interest, familiarity or
intimidation threat to compliance with the fundamental principles, particularly the
principles of integrity, objectivity and professional behaviour.

Forms of inducements:
 Gifts.
 Hospitality.
 Entertainment.
 Political or charitable donations.
 Appeals to friendship and loyalty.
 Employment or other commercial opportunities.
 Preferential treatment, rights or privileges.
Refer to section 250.9 A3 for factors to consider when evaluating whether an
inducement has been given to improperly influence the decisions, behaviour or
judgement of a CA:
What actions should a CA take when an inducement creates a threat to compliance
with fundamental principles (refer to 250.11 A5 & A6):

 Decline the offer;

 Recuse yourself from the matter that may require your input;
 Being transparent with senior management on the inducement offered;
 Keeping a log of inducement received;
 Reimbursing the cost of the inducement, such as hospitality, received.
11.10. Responding to non-compliance with laws and regulations – 260

The provisions on Non-Compliance with Laws and Regulations (NOCLAR) establish a

comprehensive response framework that guides the CA in terms of the factors to
consider and the steps to be taken when he/she becomes aware of NOCLAR or
suspected NOCLAR.

11.10.1.1. Categories of Chartered Accountants in Business

Senior Professional Accountant in Business (Senior PAIB) (260.11.A1) - are

directors, officers or senior employees able to exert significant influence over, and
make decisions regarding, the acquisition, deployment and control of the employing
organization’s human, financial, technological, physical and intangible resources.
E.g. CEO, CFO, FD

Other PAIB – A professional accountant in business other than a Senior PAIB

What is NOCLAR? – 260.5 A1

Comprises acts of omission or commission, intentional or unintentional, which are
contrary to the prevailing laws or regulations committed by the following parties:
a) The chartered accountant’s employing organization;
b) Those charged with governance of the employing organization;
c) Management of the employing organization; or
d) Other individuals working for or under the direction of the employing
organization.
To which laws and regulations does NOCLAR requirements apply? – 260.5 A2
Examples of laws and regulations which this section addresses include those that
deal with:
 Fraud, corruption and bribery.
 Money laundering, terrorist financing and proceeds of crime.
 Securities markets and trading.
 Banking and other financial products and services.
 Data protection.
 Tax and pension liabilities and payments.
 Environmental protection.
 Public health and safety.
Scope of laws and regulations in terms of section 260
A PA is expected to recognise NOCLAR within the context of his/her knowledge as a
PA based on his/her training and experience, and areas about which the PA
 possesses knowledge in a particular field. PAs have no additional responsibility to
detect NOCLAR at their employing organisations.
It is key to note that professional accountants are not required to have specialised
legal knowledge and skills, but only to have a level of knowledge of laws and
regulations necessary to carry out his/her employment duties.
A PA might encounter or be made aware of non-compliance with laws and
regulations or suspected non-compliance in the course of carrying out professional
activities. This section guides the chartered accountant in assessing the implications
of the matter and the possible courses of action when responding to non-
compliance/suspected non-compliance with:
a) Laws and regulations generally recognized to have a direct effect on the
determination of material amounts and disclosures in the employing
organization’s financial statements: and
b) Other laws and regulations that do not have a direct effect on the
determination of the amounts and disclosures in the employing
organization’s financial statements, but compliance with which might be
fundamental to the operating aspects of the employing organisation’s
business, or to avoid material penalties.
A PA may encounter or be made aware of NOCLAR!

 “May encounter”; i.e. come upon unexpectedly; while carrying out professional
activities for an employing organisation.
 “Be made aware of”; i.e. another party may bring the matter to the PA’s
attention

11.11. What are the NOCLAR requirements?

The PA has to comply with the law and should not take any action that is contrary to
the law or prohibited by law or regulation when responding to NOCLAR. In particular,
any action in terms of section 260 (as applicable) would be precluded if doing so
would be contrary to law or regulation. For example, if there is law which requires
the matter to be reported to an appropriate authority the PA should take steps to
comply with that reporting obligation.
In addition to complying with laws and regulations when responding to NOCLAR, the
PAIB is also required to consider the effect of the following in the circumstances and
comply with related requirements:

 Internal protocols and procedures established by the employing organisation

regarding how NOCLAR or suspected NOCLAR by the employing organisation
should be raised internally (e.g. an ethics policy or internal whistle-blowing
mechanism).
The PAIB alerts management or, where appropriate, TCWG of the employing
organisation to seek to enable them to rectify, remediate or mitigate the
consequences of the identified or suspected NOCLAR, or to deter the commission of
the NOCLAR where it has not yet occurred.
11.12. Steps to take when PA becomes aware of suspected or actual NOCLAR
Senior PAIB Other PAIB
Step 1: Becomes First and foremost, the PAIB must always comply with applicable laws and regulations, including those
aware of NOCLAR that impose a positive reporting obligation regarding NOCLAR, as well as those that may preclude
or suspected reporting or prohibit the disclosure of confidential information.
NOCLAR
(260.11.A1)
Senior PAIBs, being part of those within an Other PAIBs, to the extent applicable to their role and
organisation that can exert significant influence function within the employing organisation, are
over or take decisions regarding the employing required to comply with laws and regulations and
organisation’s resources, have a responsibility thereby contribute to the organisation’s overall
to ensure that the organisation’s activities are compliance.
conducted in accordance with laws and They are also required to account to their superiors in
regulations and, as applicable, exercise this regard.
oversight in this regard.
Step 2: Obtain an Shall obtain an understanding of the matter by Shall seek to obtain an understanding by
understanding of understanding the: understanding the:
the matter –  Nature of the non-compliance;  Nature of the non-compliance;
260.12  Circumstances in which it has  Circumstances in which it has occurred;
occurred;  Potential consequences of the NOCLAR for
 Potential consequences of the the employing organisation, investors,
NOCLAR for the employing creditors, employees or the general public
organisation, investors, creditors,
employees or the general public Apply knowledge, professional judgement and
expertise;
Apply knowledge, professional judgement and
expertise; May decide to consult on a confidential basis with
others within the employing organisation or a
Might also decide to consult on a professional body or with legal counsel.
 Senior PAIB Other PAIB
confidential basis with others “seek to obtain” implies a lower level in terms of the
within the employing organisation or a extent of effort, compared to what is expected of a
professional body or with legal counsel. senior PAIB.
Step 3: Discuss the  discuss the matter with the PA’s immediate  inform an immediate superior to enable the
matter – 260.13 superior (if any); superior to take appropriate action.
 The discussion serves to clarify the senior  The other PAIB is only required to inform an
PAIB’s understanding about the matter and immediate superior to enable that superior to
to enable a determination to be made about take appropriate action.
how the matter should be addressed;  Inform the next higher level of authority within
 Discusses the matter with the next higher the employing organisation, if the PA’s immediate
level of authority within the employing superior appears to be involved in the matter.
organisation, if the immediate superior
appears to be involved in the matter; and
 Takes appropriate steps to:
o Have the matter communicated to
TCWG to obtain their concurrence
regarding appropriate actions to
take to respond to the matter and to
enable them to fulfil their
responsibilities;
o Comply with applicable laws and
regulations, including provisions
governing the reporting of NOCLAR
to an appropriate authority;
o Have the consequences of the
NOCLAR rectified, remediated or
mitigated;
o Reduce the risk of re-occurrence;
and
 Senior PAIB Other PAIB
o Seek to deter the commission of the
NOCLAR if it has not yet occurred.
 If the employing organisation’s financial
statements are subject to an audit, the
senior PAIB shall determine whether
disclosure of the matter to the external
auditor is needed pursuant to his/her duty
or legal obligation to provide all information
necessary to enable the auditor to perform
the audit.
Step 4: Determine Assess whether further action is needed in the The other PAIB has no specific responsibility to
whether further public interest by considering the following: determine whether further action is needed.
action is needed –  The appropriateness of the response of the
260.16 PA’s superiors (if any) and TCWG;
 Matters that characterise the nature, cause,
circumstances and extent of the NOCLAR;
 Take into account how a reasonable and
informed third party would likely evaluate
the NOCLAR and the PA’s determination of
the need for, and nature and extent of,
further action.

After above assessment, reach a conclusion:

 No further action is required.
 Further action is required in the public
interest. Proceed to step 5 and step 6
below.
Step 5: If Consider whether to: The other PAIB has no specific responsibility to
applicable, decide  Resign from the employing organisation. determine whether further action is needed.
 Senior PAIB Other PAIB
on further action –  Disclose the matter to an appropriate
260.18 authority even when there is no legal or
regulatory requirement to do so.
 Inform the management of the parent
entity of the matter if the employing
organisation is a member of a group.
Step 6: Senior PAIB is encouraged to have the following The other PAIB is encouraged to have the following
Documentation – matters documented: matters documented:
260.23
 The matter  The matter
 The results of discussions with the PA’s  The results of discussions with the PA’s superior,
superiors, if any, and TCWG and other management and, where applicable, TCWG and
parties other parties
 How the PA’s superiors, if any, and TCWG  How the PA’s superior has responded to the
have responded to the matter matter
 The courses of action the senior PAIB  The courses of action the PAIB considered, the
considered, the judgements made and the judgements made and the decisions that were
decisions that were taken taken.
 How the senior PAIB is satisfied that he/she
has fulfilled the responsibility set out in
paragraph 260.17; i.e. has appropriately
determined, in light of the response of the
PA’s superiors, If any, and TCWG, whether
further action is needed in the public
interest.
11.13. Pressure to breach the fundamental principles - 270
A PA might face pressure that creates threats to compliance with the fundamental
principles, for example intimidation threat when undertaking a professional activity.
Pressure might be explicit or implicit and might come from:

 Within the employing organization, from a colleague or superior

 An external individual or organization such as a vendor, customer or lender
 Internal or external targets and expectations

Examples of pressure that might result in threats to compliance with the

fundamental principles include:

 Pressure related to conflict of interest:

 Pressure from a family member bidding to act as a vendor to the PA’s
employing organization to select the family member over another
prospective vendor.
See also Section 210, Conflict of interest
 Pressure to influence preparation or presentation of information:
 Pressure to report misleading financial results to meet investor, analyst or
lender expectations
 Pressure from superiors to approve or process expenditures that are not
legitimate business expenses
 Pressure to suppress internal audit reports containing adverse findings
 Pressure related to financial interests: see also Section 240, Financial
Interests, Compensation and Incentives Linked to Financial Reporting and
Decision Making
 Pressure related to inducements, see also Section 250 Inducements,
Including Gifts and Hospitality
 Pressure from non-compliance with laws and regulations See also section 260
 Pressure from colleagues to misstate income, expenditure or rates of return
to bias decision-making on capital projects and acquisitions

An example of an action that might eliminate threats created by pressure is the PA’s
request for a restructure of, segregation of certain responsibilities and duties so that
the chartered accountant is no longer involved with the individual or entity exerting
the pressure.

11.14. Documentation
The PA is encouraged to document:

 The facts
 The communications and parties with whom these matters are discussed
 The courses of action considered
 How the matter was addressed
12. PART 3 – PROFESSIONAL ACCOUNTANT IN PUBLIC PRACTICE
Part 3 of the Code set outs requirements and application material for Professional
Accountants in public practice. Examples of professional accountants in public practice
include Auditors, tax practitioners and those providing accounting services.

12.1. Conflicts of interest para 310.4A - 310

 As highlighted in the previous section a CA may be faced with a conflict of
interest when performing professional services, which may then create threats
to compliance with the fundamental principles.
 Examples of situations which may give rise to conflicts of interest include (par
310.4A1):
- Providing transaction advisory service to a client seeking to acquire an audit
client of the firm, where the firm has obtained confidential information
during the course of the audit that may be relevant to the transaction;
- Advising two clients at the same time who are competing to acquire the
same company;
- Advising a client to invest in a business in which, for example, the spouse of
the CA in public practice has financial interest.
Refer to par 310.4A1 for further examples of situations which can give rise to
conflicts of interest.

 Example of safeguards where there is a conflict of interest.

- Use of separate engagement teams (Chinese walls)
- Procedures and policies to prevent access to information
- Use of confidentiality agreements
- Separation of confidential information physically and electronically.
- Specific and dedicated training and communication.
- Having an appropriate reviewer who is not part of team providing the
service
Make sure you read the following sections directly from the CPC:
- Conflict identification – R310.5 to R310.7A1
- Threats created by conflict of interest – para 310.8A1 to 310.8 A3
- Disclosure and consent – para 310.9 to R310.10
- Confidentiality – para R310.11 to R310.12A1
- Documentation – para 310.13
12.2. Professional appointments (Section 320)
Client and Engagement Acceptance – para 320.3 A1 to 320.3 A5

 Before accepting a new client, a CA shall determine whether acceptance would

create any threats to compliance with the fundamental principles. Consider if
there is a threat to the fundamental principles.
 For example:
- Is client involved in illegal activities?
- Would we want to be associated with the client?
 Apply safeguards:
- Obtain understanding of client.
- Consider declining acceptance if threat cannot be reduced.

12.3. Engagement Acceptance – para 320.3 A1 to 320.3 A5

 When accepting a specific client engagement, a CA shall determine whether
acceptance would create threat to compliance with the fundamental principles,
for e.g. as self-interest threat to professional competence and due care is
created if the engagement team does not possess, or cannot acquire, the
competencies necessary to properly carry out the engagement. Consider if you
are competent to perform the engagement- (potential threat to the principle of
professional competence and due care).
 For example:
- Do we have the required capabilities, time and resources?
- Are we not aware of latest developments?
 Safeguards:
- Obtain understanding of clients’ business
- Agree on a realistic time frame for the engagement.
- Using experts where necessary.

12.4. Changes in professional appointment – par R320.4 – 320.8

 A chartered accountant who is asked to replace another CA, shall determine
whether there are any reasons, professional or otherwise, for not accepting the
engagement, such as circumstances that create threats to fundamental principles
that cannot be eliminated or reduced to an acceptable level by the applications
of safeguards.
 Safeguards to address potential threats may include:
- Obtain client’s permission (preferably in writing) to speak with previous
auditor
- Communicate with previous auditors to obtain information about the
prospective client.
- Discuss any reasons for not accepting the client
- If permission not given, consider declining acceptance of client.
12.5. Client and Engagement Continuance – R320.9
For existing client relationships, a CA should continuously evaluate whether there is
new information which points towards existence of threats to compliance with
fundamental principles.

12.6. Second opinions – para 321.1 to R321.4

 If a CA is asked to provide a second opinion by or on behalf of a company or
entity that is not an existing client, this may give rise to threats to compliance
with the fundamental principles. For example, there may be threats to
professional competence and due care where the second opinion is not based on
the same set of facts that were made available to the existing chartered
accountant or is based on inadequate evidence.
 Examples of safeguards that can be applied include:
- Seeking client’s permission to contact existing chartered accountant.
- Ensuring client is aware of the limitations of a second opinion.
- Providing the existing or predecessor chartered accountant with a copy of the
opinion.

12.7. Fees and other types of remuneration – para 330.1 to 330.3

 CA may quote whatever fee is deemed appropriate and the fact that one CA may
quote a lower fee than another is not in itself unethical. However, there may be
threats to compliance with fundamental principles arising from the level of fees
charged. For example, a self- interest threat to professional competence and due
care is created if the fee charged is so low that it may be difficult to perform the
engagement in accordance with the applicable technical and professional
standards for that price.
 Fees should be a fair reflection of the professional services being performed. In
practice based on:
- Skill and knowledge required for the engagement
- Level of training and experience
- Time
- Level of IT required
- Responsibility assumed by the auditor
 However, the final fee is determined on process of negotiation.

12.8. Contingent fees – para 330.4 A1 to 330.4 A4

Contingent fees might create threats to compliance with the fundamental principles,
particularly a self-interest threat to compliance with the principle of objectivity, in
certain circumstances.
 Examples of Safeguards
- Having an appropriate reviewer who was not involved in performing the non-
assurance service review the work performed by the professional accountant.
- Obtaining an advance written agreement with the client on the basis of
remuneration.
NB: Requirements for contingent fees in respect of audit and other assurance
clients are dealt with under independence standards.
Referral fees – para 330.5 A1 to 330.5 A2

 A CA may be the recipient of a referral fee, which may create a self-interest

threat to objectivity and professional competence and due care.
 The CA should implement the following safeguards in such circumstances:
- Disclosing to the client in advance, in writing, any arrangements to
receive a referral fee for referring the client to another CA;
- Obtaining advance agreement in advance, in writing, from the client for
commission arrangements in connection with the sale by a 3rd party of
goods or services to the client.

12.9. Inducements, including gifts and hospitality – para 340.

 Gifts and hospitality offered to a CA or close family members from a client may
create threats to compliance with the fundamental principles. For example, a
self-interest threat or familiarity threat may be created if a gift from a client is
accepted.

 The CA should therefore consider the following before accepting gifts from
clients:
- May not accept gifts of a significant nature/excessive
- Ask yourself, what is the gift and is it of a token nature?
- Evaluated in terms of nature, value and intent
- Pen vs all expenses paid holiday
- When in doubt, consider if it amounts to a bribe

12.10. Custody of client assets – para 350.1 to R350.5

 A CA shall not assume custody of client monies unless permitted to do so by law.
They may be a self-interest threat to professional behaviour and a self-interest
threat to objectivity arising from holding client assets.
 Before taking custody of client monies or assets a CA should:
- Make inquiries about the source of the assets; and
- Consider related legal and regulatory obligations.
 A CA entrusted with money (or other assets) belonging to others shall:
- Keep such assets separately from personal or firm assets;
- Use such assets only for the purpose for which they are intended;
 - At all times, be ready to account for the assets and any income to any
person entitled to such accounting; and
- Comply with relevant laws and regulations relevant to the holding of and
accounting for such assets.

12.11. Responding to non-compliance with laws and regulations NOCLAR – para

360.1 to R360.40A1
A self-interest or intimidation threat to compliance with the principles of integrity
and professional behaviour is created when a professional accountant becomes
aware of non-compliance or suspected noncompliance with laws and regulations.

Categories of PAs in public practice

Section 360 distinguishes between two categories of PAs in public practice:
 Auditor / PAIPP engaged to perform an audit of financial statements
 PAIPP who provides professional services other than audits of financial
statements
12.12. Steps to take when PA becomes aware of suspected or actual NOCLAR
PA providing auditing services PA providing other professional services
Step 1: Becomes First and foremost, the PAIPP must always comply with applicable laws and regulations, including those
aware of NOCLAR that impose a positive reporting obligation regarding NOCLAR, as well as those that may preclude
or suspected reporting or prohibit the disclosure of confidential information.
NOCLAR
The PAIPP should consider firm policies and methodologies in determining how to respond, including
escalating a matter within the engagement team and within the firm.

The auditor shall, parallel to his/her The PA shall, parallel to his/her responsibilities under
responsibilities under the Code, also comply the Code, also comply with any other standards or
with ISA 250 (Revised) (and other ISAs, as pronouncements applicable to the given engagement,
relevant to the audit) in performing the audit of e.g. ISRE 2400 (Revised) in the case of performing a
financial review of financial statements.
statements.
Step 2: Obtain an Shall obtain an understanding of the matter by Shall seek to obtain an understanding by
understanding of understanding the: understanding the:
the matter  Nature of the non-compliance;  Nature of the noncompliance;
 Circumstances in which it has  Circumstances in which it has occurred;
occurred;  Potential consequences of the NOCLAR for
 Potential consequences of the the employing organisation, investors,
NOCLAR for the employing creditors, employees or the general public
organisation, investors, creditors,
employees or the general public Apply knowledge, professional judgement and
expertise;
Apply knowledge, professional judgement and
expertise; May decide to consult on a confidential basis with
others within the firm or a professional body or with
May decide to consult on a confidential basis legal counsel.
 PA providing auditing services PA providing other professional services
with others within the firm or a professional
body or with legal counsel. “seek to obtain” implies a lower level in terms of the
extent of effort, compared to what is expected of a
senior PAIB.
Step 3: Discuss the  Discuss the matter with the appropriate  Discuss the matter with the appropriate level of
matter level of management and, where management and, if the PA has access to them
appropriate TCWG. and where appropriate, TCWG.
 Advises them to take appropriate and timely  If the PA is performing a non-audit service for a
actions, if they have not already done so; client whose financial statements are subject to an
and audit, the PA must also comply with paragraphs
 Considers whether the client’ management 360.31-33 of the Code.
and TCWG understand their legal or
regulatory responsibilities with respect to
the NOCLAR.

Step 4: Determine Assess whether further action is needed in the Assess whether further action is needed in the public
whether further public interest by considering the following: interest by considering the following:
action is needed  The appropriateness of the response of  The appropriateness of the response of
management and, where applicable, TCWG; management and, where applicable, TCWG;
 Matters that characterise the nature, cause,  Matters that characterise the nature, cause,
circumstances and extent of the NOCLAR; circumstances and extent of the NOCLAR;
 Take into account how a reasonable and
informed third party would likely evaluate After above assessment, reach a conclusion:
the NOCLAR and the PA’s determination of  No further action is required.
the need for, and nature and extent of,  Further action is required in the public interest.
further action Proceed to step 5 and step 6 below.
After above assessment, reach a conclusion:
 No further action is required.
 Further action is required in the public
 PA providing auditing services PA providing other professional services
interest. Proceed to step 5 and step 6
below.
Step 5: If Consider whether to: Consider whether to:
applicable, decide  Withdraw from the engagement and the  Withdraw from the engagement and the
on further action. professional relationship where permitted professional relationship where permitted by law
by law or regulation. or regulation.
 Disclose the matter to an appropriate  Disclose the matter to an appropriate authority
authority even when there is no legal or even when there is no legal or regulatory
regulatory requirement to do so. requirement to do so.
Step 6:  Comply with the documentation The PA is encouraged to have the following matters
Documentation requirements under International Standards documented:
on Auditing (ISAs)).
 In addition, document:  The matter
o How management and, where  The results of discussions with management and,
applicable, TCWG have responded to where applicable, TCWG and other parties.
the matter.  How management and, where applicable, TCWG
o The courses of action the auditor have responded to the matter.
considered, the judgements made  The courses of action the PAIPP considered, the
and the decisions that were taken, judgements made and the decisions that were
having regard to the reasonable and taken.
informed third party perspective.  How the PAIPP is satisfied that he/she has fulfilled
o How the auditor is satisfied that the responsibility set out in paragraph 360.36;
he/she has fulfilled the responsibility
set out in paragraph 360.20;
13. PART 4 A- INDEPENDENCE FOR AUDIT AND REVIEW ENGAGEMENTS

13.1. Section 400: Independence – Audit and Review Engagements

A firm performing an audit engagement shall be independent of the client.

Independence comprises:
a) Independence of mind
The state of the mind that permits the expression of a conclusion without
being affected by influences that compromise professional judgement,
thereby allowing an individual to act with integrity and exercise
objectivity and professional skepticism.

b) Independence in Appearance
The avoidance of facts and circumstances that are so significant that a
reasonable and informed 3rd party would likely conclude, weighing all the
specific facts and circumstances, that a firm’s or a member of the audit
team’s integrity, objectivity or professional skepticism has been
compromised.
The conceptual framework approach from Section 120 should be applied to:
a) Identify threats to independence;
b) Evaluate the significance of the threats identified; and
c) Apply safeguards, when necessary, to eliminate the threats or reduce
them to an acceptable level.
For the purposes of section 400.8 Public interest entities are:
i. All listed entities (including related entities); and
ii. Any entity:
a. Defined by regulation or legislation as a public interest entity;
or
b. For which the audit is required by regulation or legislation to
be conducted in compliance with the same independence
requirements that apply to the audit of listed entities.
Section Heading Threats Requirements and Safeguards
410 Fees The nature and level of fees or a) When audit fees being earned from a public interest entity is more
other types of remuneration might that 15% of total firm revenue for two consecutive years:
create a self-interest or intimidation  Disclose that fact to those charged with governance;
threat.  Appoint an engagement quality control reviewer (to perform a
pre or post issuance review)
Normally arises from:
 Fee dependency by the firm b) Overdue fees
or a specific audit partner; May create self-interest threat and if continued to be overdue for a
long period, may need to determine whether the outstanding fees
now constitutes a loan. Safeguards include:
 Obtaining partial payment of overdue fees;
 Appointing an EQCR;

c) Contingent fees
Contingent fees are fees calculated on a predetermined basis
relating to the outcome of a transaction or the result of the
services performed.
 A firm shall not charge directly or indirectly a contingent
fee for an audit engagement.
 A firm or network firm shall not charge directly or indirectly
a contingent fee for a non-assurance service provided to an
audit client, if:
- We are also responsible for providing audit services
on the client’s financial statements;
- A network firm is responsible for the audit;
- The outcome of the non-assurance work is
dependent on the future outcome of work done as
part of audit services.
 Where permitted to charge contingent fees the following
Section Heading Threats Requirements and Safeguards
safeguards maybe appropriate:
- Appointing an independent reviewer;
- Having a written agreement with the client on the
basis of charging fees;
411 Compensation A firm’s evaluation or compensation Examples of actions that might eliminate such a self-interest threat
and policies might create a self-interest include:
evaluation threat for example, an audit team - Revising the compensation plan or evaluation process for that
policies member for an audit client is individual.
evaluated on or compensated for - Removing that individual from the audit team.
selling non-assurance services to
that audit client. Or where appropriate safeguard to reduce threat to an acceptable
level:
- having an appropriate reviewer review the work of the audit
team member.

NB: A firm shall not evaluate or compensate a key audit partner based
on that partner’s success in selling non-assurance services to the
partner’s audit client.
420 Gifts and Accepting gifts and hospitality from NB: A firm, network firm or an audit team member shall not accept
hospitality an audit client might create a self- gifts and hospitality from an audit client, unless the value is trivial and
interest, familiarity or intimidation inconsequential.
threat.

430 Actual or When litigation with an audit client If the litigation involves an audit team member, an example of an
threatened occurs, or appears likely, self- action that might eliminate such self-interest and intimidation threats
litigation interest and intimidation threats is removing that individual from the audit team.
are created.
An example of an action that might be a safeguard to address such
Section Heading Threats Requirements and Safeguards
self-interest and intimidation threats is to have an appropriate
reviewer review the work performed.
510 Financial Holding a financial interest in an A direct financial interest or a material indirect financial interest in the
Interests audit client might create a self- audit client shall not be held by:
interest threat.  The firm or a network firm;
 An audit team member, or any of that individual’s immediate
family;
 Any other partner in the office in which an engagement partner
practices in connection with the audit engagement, or any of
that other partner’s immediate family; or
 Any other partner or managerial employee who provides non-
audit services to the audit client, except for any whose
involvement is minimal, or any of that individual’s immediate
family.

Financial Interests in an Entity Controlling an Audit Client are not

permitted if the audit client is material to the controlling entity.

Financial Interests in Common with the Audit Client are not permitted
unless the financial interest is immaterial to the audit firm or audit
team member.

511 Loans and A loan or a guarantee of a loan with Loans and Guarantees with an Audit Client are not permitted unless
Guarantees an audit client might create a self- the loan or guarantee is immaterial to the firm and the audit client.
interest threat.
Loans and Guarantees with an Audit Client that is a Bank or Similar
Institution are not permitted unless the loan or guarantee is made
under normal lending procedures, terms and conditions.
Section Heading Threats Requirements and Safeguards

520 Business A close business relationship with A firm, a network firm or an audit team member shall not have a close
Relationships an audit client or its management business relationship with an audit client or its management unless the
might create a self-interest or business relationship is insignificant.
intimidation threat.

521 Family and Family or personal relationships A self-interest, familiarity or intimidation threat is created when an
personal with client personnel might create a immediate family member of an audit team member is an employee in
relationships self-interest, familiarity or a position to exert significant influence over the client’s financial
intimidation threat. position, financial performance or cash flows.

Safeguards may include:

 Removing the affected individual from the audit team;
 Structuring the responsibilities of the audit team so that the
audit team member does not deal with matters that are within
the responsibility of the immediate family member.

An individual shall not participate as an audit team member when any

of that individual’s immediate family:
 Is a director or officer of the audit client;
 Is an employee in a position to exert significant influence over
the preparation of the client’s accounting records or the
financial statements on which the firm will express an opinion;
or
 Was in such position during any period covered by the
engagement or the financial statements.

522 Recent service If an audit team member has The audit team shall not include an individual who, during the period
with an audit recently served as a director or covered by the audit report:
Section Heading Threats Requirements and Safeguards
client officer, or employee of the audit  Had served as a director or officer of the audit client; or
client, a self-interest, self-review or  Was an employee in a position to exert significant influence
familiarity threat might be created. over the preparation of the client’s accounting records or the
financial statements on which the firm will express an opinion.
523 Serving as a Serving as a director or officer of an A partner or employee of the firm or a network firm shall not serve as
director or audit client creates self-review and a director or officer of an audit client of the firm.
officer of an self-interest threats.
audit Client A partner or employee of the firm or a network firm shall not serve as
Company Secretary for an audit client of the firm, unless:
 This practice is specifically permitted under local law,
professional rules or practice;
 Management makes all relevant decisions; and
 The duties and activities performed are limited to those of a
routine and administrative nature, such as preparing minutes
and maintaining statutory returns.

524 Employment Employment relationships with an Examples of actions that might be safeguards to address such
with an audit audit client might create a self- familiarity or intimidation threats include:
client interest, familiarity or intimidation  Modifying the audit plan.
threat.  Assigning to the audit team individuals who have sufficient
experience relative to the individual who has joined the client.
E.g  Having an appropriate reviewer review the work of the former
A former partner who has joined an audit team member.
audit client of the firm; or

A former audit team member who

has joined the audit client.
525 Temporary The loan (secondments) of Safeguards would include:
Section Heading Threats Requirements and Safeguards
personnel personnel to an audit client might  Conducting an additional review of the work performed by the
assignments create a self-review, advocacy or loaned personnel might address a self-review threat.
familiarity threat.  Not including the loaned personnel as an audit team member
might address a familiarity or advocacy threat.
 Not giving the loaned personnel audit responsibility for any
function or activity that the personnel performed during the
loaned personnel assignment might address a self-review
threat.
540 Long When an individual is involved in an General safeguards include:
association of audit engagement over a long  Changing the role of the individual on the audit team or the
personnel period of time, familiarity and self- nature and extent of the tasks the individual performs.
(including interest threats might be created.  Having an appropriate reviewer who was not an audit team
Partner member review the work of the individual.
rotation) with  Performing regular independent internal or external quality
an audit client reviews of the engagement.

In respect of an audit of a public interest entity, an individual shall not

act in any of the following roles, or a combination of such roles, for a
period of more than seven cumulative years (the “time-on” period):
 The engagement partner;
 The individual appointed as responsible for the engagement
quality control review; or
 Any other key audit partner role.

If the individual acted as the engagement partner for seven cumulative

years, the cooling-off period shall be five consecutive years.

Where the individual has been appointed as responsible for the

engagement quality control review and has acted in that capacity for
Section Heading Threats Requirements and Safeguards
seven cumulative years, the cooling-off period shall be three
consecutive years.

600 Provision of Providing non-assurance services to Management responsibilities

non-assurance audit clients might create threats to  A firm or a network firm shall not assume a management
services to an compliance with the fundamental responsibility for an audit client.
audit principles and threats to  Refer to 600.7 A3 for activities that would be considered
Client independence. management responsibility

601 Accounting Providing accounting and Accounting and bookkeeping services comprise a broad range of
and bookkeeping services to an audit services including:
bookkeeping client might create a self-review  Preparing accounting records and financial statements.
Services threat.  Recording transactions.
 Payroll services.

A firm or network firm is not permitted to provide accounting and

bookkeeping services including preparing financial statements, to a
Public Interest Entity unless:
 The services are of a routine or mechanical nature; and
 The firm addresses any threats that are created by providing
such services that are not at an acceptable level.

Examples of safeguards:
- Using professionals who are not audit team members to
perform the service.
- Having an appropriate reviewer who was not involved in
providing the service review the audit work or service
performed.
Section Heading Threats Requirements and Safeguards

Audit Clients that are Public Interest Entities not permitted to provide
accounting and bookkeeping services including preparing financial
statements.

602 Administrative Providing administrative services to Examples of administrative services include:

services an audit client does not usually - Word processing services.
create a threat. - Preparing administrative or statutory forms for client approval.
- Submitting such forms as instructed by the client.
- Monitoring statutory filing dates and advising an audit client of
those dates.
603 Valuation Providing valuation services to an A firm or a network firm shall not provide a valuation service to an
services audit client might create a self- audit client that is not a public interest entity if:
review or advocacy threat. - The valuation involves a significant degree of subjectivity; and
- The valuation will have a material effect on the financial
statements on which the firm will express an opinion.

A firm or a network firm shall not provide a valuation service to an

audit client that is a public interest entity if the valuation service
would have a material effect, individually or in the aggregate, on the
financial statements on which the firm will express an opinion.
604 Tax services Providing tax services to an audit Tax services comprise a broad range of services, including activities
client might create a self-review or such as:
advocacy threat. - Tax return preparation.
- Tax calculations for the purpose of preparing the accounting
entries.
- Tax planning and other tax advisory services.
- Tax services involving valuations.
Section Heading Threats Requirements and Safeguards
- Assistance in the resolution of tax disputes.

Tax return preparation for audit clients are generally permitted;

Preparing calculations of current and deferred tax liabilities (or assets)

for a non-Public interest audit client for the purpose of preparing
accounting entries are permitted subject to:
- Using professionals who are not audit team members to
perform the service.
- Having an appropriate reviewer who was not involved in
providing the service review the audit work or service
performed

A firm or a network firm shall not prepare tax calculations of current

and deferred tax liabilities (or assets) for an audit client that is a public
interest entity for the purpose of preparing accounting entries.

A firm or a network firm shall not provide tax planning and other tax
advisory services to an audit client when the effectiveness of the tax
advice depends on a particular accounting treatment or presentation
in the financial statements.

A firm or a network firm shall not provide tax services that involve
assisting in the resolution of tax disputes to an audit client if:
- The services involve acting as an advocate for the audit client
before a public tribunal or court in the resolution of a tax
matter; and
- The amounts involved are material to the financial statements
on which the firm will express an opinion.
605 Internal Audit Providing internal audit services to A firm or a network firm shall not provide internal audit services to an
Section Heading Threats Requirements and Safeguards
services an audit client might create a self- audit client that is a public interest entity, if the services relate to:
review threat. - A significant part of the internal controls over financial
reporting;
- Financial accounting systems that generate information that is,
individually or in the aggregate, material to the client’s
accounting records or financial statements on which the firm
will express an opinion; or
- Amounts or disclosures that are, individually or in the
aggregate, material to the financial statements on which the
firm will express an opinion.
609 Recruiting Providing recruiting services to an When providing recruiting services to an audit client, the firm or the
services audit client might create a self- network firm shall not act as a negotiator on the client’s behalf.
interest, familiarity or intimidation
threat. A firm or a network firm shall not provide a recruiting service to an
audit client if the service relates to:
- Searching for or seeking out candidates; or
- Undertaking reference checks of prospective candidates, with
respect to the following positions:
o A director or officer of the entity; or
o A member of senior management in a position to exert
significant influence over the preparation of the client’s
accounting records or the financial statements on which
the firm will express an opinion.
APPLIED AUDITING AND GOVERNANCE STUDY PACK – MODULE 1 2022 CTA 2 & FULL TIME

14. PART 4B – INDEPENDENCE FOR ASSURANCE ENGAGEMENTS OTHER THAN AUDIT AND
REVIEW ENGAGEMENTS.

14.1. 900 Applying the conceptual framework to independence for assurance

engagements other than audit and review engagements.
This part applies to assurance engagements other than audit and review engagements.
Examples of such engagements include

 An audit of specific elements, accounts or items of a financial statement

 Performance assurance on a company’s key performance indicators.
ISQC 1 requires a firm to establish policies and procedures designed to provide it with
reasonable assurance that the firm, its personnel and where applicable, others subject to
independence requirements maintain independence where required by relevant ethics
standards.
Independence is linked to the principles of objectivity and integrity, comprising of
a) Independence of mind and
b) Independence in appearance
Network firms – when a firm has reason to believe that interests and relationships of a
network firm create a threat to the firm’s independence the firm shall evaluate and address
any such threat.
Related entities – when the assurance team knows or has reason to believe that a
relationship or circumstance involving a related entity of the assurance client is relevant to
the evaluation of the firm’s independence, from the client, the assurance team shall include
that related entity when identifying, evaluating and addressing threats to independence.
Period which independence is Required

 The engagement period; and

 The period covered by the subject matter information
Threats to independence are created if a non- assurance service was provided to the
assurance client during, or after the period covered by the subject matter information, but
before the assurance team begins to perform assurance services and the service would not
be permitted during the engagement period.
Examples of actions that might be safeguards to address such threats include:
- Using professionals who are not assurance team members to perform the service
- Having an appropriate reviewer review the assurance and non-assurance work as
appropriate

You will need the following sections from the CPC directly

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Section 905: Fees

Section 906: Gifts and Hospitality
Section 907: Actual of Perceived Litigation
Section 910: Financial interests
Section 911: Loans and guarantees
Section 920: Business relationships
Section 921: Family and personal relationships
Section 922: Recent service with an assurance client
Section 923: Serving as a director or officer of an assurance client
Section 924: Employment with an assurance client
Section 940: Long association with an assurance client
Section 950: Provision of non-assurance services to assurance clients

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15. Question on the code of professional conduct

Swinte Limited
You have recently been appointed as an audit manager at Matohwe Chartered Accountants
(MCA) a relatively large audit firm with branches all over Zimbabwe. The firm services
assurance, as well as non-assurance clients, within a wide variety of diverse industries.
Having recently qualified as a CA (Z) and completed your three year period of traineeship at
the firm, you are extremely excited about your new position within management. You have
been assigned to the audit of Swinte Ltd (SL) a company listed on the Zimbabwe Stock
Exchange (ZSE) and is a new audit client of MCA.
SL is Zimbabwe’s largest shipping, transport and logistics operator with depots all over the
country. Sevenzai Winite a charismatic lawyer with an entrepreneurial spirit founded SL
more than forty years ago. He has grown SL from a small business with just two trucks to the
large listed entity it is today, he is also the CEO and major shareholder with a holding of
45%. SL has a 31 December year-end.
The SL audit is a major win for MCA and the partners have instructed that you exercise the
outmost due care in performing the 2021 year end audit as they cannot afford anything
going wrong. As part of the audit you have been given the audit file for preliminary review
by the audit senior on the job.

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EXTRACT OF THE MINUTES OF THE PLANNING MEETING

In attendance was the audit senior, partner, one of the clerks on the audit and yourself. The
opening remarks were given by the partner, Mary Ndaneta who welcomed everyone to the
meeting and announced that the other team members were unable to be part of the
meeting due to other work commitments. The following matters were discussed during the
meeting.
New Client
Mary expressed her excitement to be assigned as audit partner on the audit of SL as it was
her first time to be engagement partner of a listed company. She explained that the partner
who has been assigned to be the quality control reviewer was currently too busy with other
high risk clients and was therefore unable to attend the meeting and also would not have a
lot of time to look at their audit file. Mary saw this as an opportunity to shine and prove that
she was good at her job. She informed the meeting that she would use her experience in
auditing companies in the transport sector.
The Audit Engagement
Mary informed the team that not much work was needed to be carried out to accept SL as a
client as everyone knew about the company from childhood since SL had been in operation
for more than forty years. The only assessment that had been done was to speak to the
predecessor auditor, TKF Chartered Accountants to find out if SL had been a problem in
paying audit fees. MCA’s major concern was that SL might be unable to pay audit fees. Mary
had told the team members that in this economy it did not make sense to charge audit fees
based on the traditional considerations since the way of doing business is changing and it
was important to charge clients based on willingness and ability to pay. For this reason SL
would fork out a handsome amount since they are able to pay a higher fee for the audit
being provided by MCA.
There would be no early testing at an interim date for the year end audit for SL despite it
being firm policy to have one for listed clients, this was due to unavailability of staff as they
had other client commitments. Mary said she would make a plan to source more personnel
for the year end audit even if it meant taking the cleaners and messengers from each office
to assist with the audit. She said no one would ask her why she would use non-technical
staff because she had seen senior partners doing the same in the past for their clients and as
long as she was keeping costs low no one would care.
Mary advised that she was planning her wedding and would be going for her honeymoon in
February. She then told you that she would be delegating most of her work to you because
she trusts you as a CA (Z). However, she said she would make sure the audit was finalized
before she left even if it meant burning the mid night oil every day for the duration of the
audit, “there would be plenty of time to rest after death”. She then made you promise not to
let her down as this was an important audit to her.
Other non-audit work

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Mary announced that SL was also going to be receiving other services from MCA and was
going to become one of their highest paying clients. She then emphasized the importance of
not being overzealous on the audit by being all fussy and technical over issues that would
disappoint SL’s management. They had to look at the bigger picture, SL was going to give
their tax and accounting departments a lot of work worth a material amount to the firm.
SL would need assistance in changing some of its accounting policies as it wanted to be
more in line with other industry players so as to enable better comparison of financial
performance. The accounting department was going to be responsible for assisting in the
preparation of the annual financial statements to ensure full compliance with IFRS especially
IAS 8 taking into account possible changes in accounting policies. SL had also asked MCA to
assist with the year-end inventory count at all its depots since its employees would be
having their Christmas party on the same day. The arrangement was to bring some of the
audit and accounting staff to help with the counting in order to speed up the process.
The tax department was going to be responsible for computation of all tax returns of SL and
a first-year trainee would be assigned to be responsible for that work. There was a pending
matter with ZIMRA over some expenses worth over $50 000 which had been disallowed
during last year’s tax assessment. SL had asked MCA’s tax department to handle the matter
on their behalf and to make sure that at least $35 000 had been allowed. Mary said that
since she had been the highest in her tax exam, she would actively work with the tax
department on the matter.
Mary said she was very pleased to tell them that she would make sure that if they did a
good job on the audit, she would ensure that they would all get a thirteenth cheque. This
would be made possible because SL had asked MCA to hold $250 000 on its behalf which it
would use to pay out a dividend six months later. MCA had a trust account in which it kept
funds on behalf of clients that required such a service. Mary told them that MCA would use
the interest earned from that money to pay their bonuses. If they needed personal loans,
she would facilitate that they could get them from the $250 000, this would not be a
problem because the money would be repaid before SL needs it back.
The meeting had to be adjourned early because Mary got a call from her wedding planner
informing her that her wedding gown had just arrived from the USA, and she needed to try
it on. Mary then told you to set up another meeting next time with all staff on the audit
being present.
Required
a) Discuss any ethical and other concerns arising from the review of the Extract of minutes
of the planning meeting and provide the actions that MCA can take to address these
concerns. 20 marks CAA CTA Part-time MY exams adapted

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Solution
1. Ethical concerns and other concerns and actions that can be taken.

Ethical concern Action that can be taken

It appears that MCA did not follow proper
client acceptance procedures as required  The firm leadership should relook at the
by ISQC1 thereby breaching fundamental firm’s policies on client acceptance and
principle of professional competence and consider whether they meet the
due care due to the following: 1 mark requirements in ISQM. 1 mark
 Not enough client investigation was  As a mitigatory measure the work that I
conducted before accepting SL as an performed should be subjected to a
audit client as Mary told the team not to detailed review. 1 mark
carry out much work as everyone was
assumed to have knowledge of the
company from childhood. 1 mark
 No consideration appears to have been
given to the fact that Mary, as the audit
partner had not audited a listed company
before and hence has no experience to
audit such a company. 1 mark
 Mary delegated all the audit work to me
when I do not have the relevant
experience indicating no consideration
was given whether there are adequate
resources to perform the audit. 1 mark
 Mary had accepted the audit engagement
despite having concerns about SL’s
inability to pay audit fees. 1 mark
 Mary was willing to include cleaners and
messengers who do not have the
technical knowledge, skills and
experience to perform an audit. 1 mark
You were requested to exercise the utmost SL should have polices that ensure staff
due care on the performance of the SL exercise the utmost due care on all audit
audit, which may indicate that this same engagements. 1 mark
principle is not being applied to all of the
firm’s audit engagements. 1 mark
Audit fees MCA should assign an Engagement Quality
SL was to become one of MCA’s highest Reviewer (EQR). 1 mark
paying clients. This creates a self-interest
threat to independence, objectivity and MCA should review its policies on the
professional competence as MCA is determination of audit fees, so that the fee
interested in earning these audit fees. This they charge is reflective of the amount of
is also supported by the fact that Mary time required and expertise required on the
instructed her team members not to be too audit amongst other considerations. 1 mark
technical about issues that may disappoint

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management. 2 marks

Also threats to professional competence

and due care and integrity are created
given the fact that MCA will be charging
audit fees based on the ability of SL to pay.
MCA went on to charge a higher fee than
required based on the fact that SL could
afford it. 2 marks
Non-audit services Engage different teams for audit and non-
Mary accepted the provision of non-audit audit services (however this may not be
services (computation of tax returns, assist practical as evidenced by Mary’s willingness
in changing some accounting policies, to include cleaners and messengers in the
performance of stock count) after having audit engagement). 1 mark
accepted an audit engagement for the Decline the offer for MCA to assist in the
audit of SL. This creates self-review threats updating of SL’s accounting policies and
to professional competence and due care performance of year end stock count as the
and is specifically not allowed for a listed threat is too significant to be addressed
entity client. 2 marks through applying safeguards. 1 mark
Performance of tax work  The work done on the dispute with
Handling the tax matter in which SL ZIMRA must be subject to a detailed
requested MCA to make sure that $35,000 review to ensure that all the advice
of the $50,000 disallowed by ZIMRA should provided is within the requirements of
be allowed as expenses for tax purposes the tax laws. 1 mark
may create a self-interest threat to  Also, the work performed by the 1st year
professional competence and due care as trainee should be reviewed by a senior
the team might seek illegal ways of having person within MCA’s tax department. 1
the expenses allowed as a deduction. 2 mark
marks

Also, the assignment of a 1st year trainee to

compute SL tax returns create threats to
professional competence and due care as
the trainee may not have the requisite
experience and expertise to do this work. 1
mark
Client Monies MCA should put in place a strong policy to
Mary has made plans without SL’s safeguard the use of clients’ assets without
permission to utilize clients’ funds to give their prior approval. 1 mark
them as loans to MCA staff and repaying
them without SL having to know about it.
However, these are funds that they are
keeping custody of on behalf of the clients.
This results in a breach of the fundamental
principle of integrity. 2 marks
Mary decided to adjourn the meeting in
order to attend her personal issues before

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all the planning issues had been addressed

which create a threat to professional
competence and due care. 1 mark
Total Available 29 marks

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