Most people define unethical behavior as conduct that differs from what they believe is inappropriate given the circumstances. There are two primary reasons why people act unethically: • The person’s ethical standards differ from general society’s • The person chooses to act selfishly A considerable portion of unethical behavior results from selfish behavior.
An ethical dilemma is a situation a person faces in
which a decision must be made about appropriate behavior. Auditors, accountants, and other business-people face many ethical dilemmas in their business careers.
The following are rationalization methods commonly employed that can result in unethical behavior: • Everybody does it. • If it’s legal, it’s ethical. • Likelihood of discovery and consequences.
The following six-step approach is one method for resolving ethical dilemmas: 1. Obtain the relevant facts. 2. Identify the ethical issues from the facts. 3. Determine who is affected by the outcome of the dilemma and how each person or group is affected. 4. Identify the alternatives available to the person who must resolve the dilemma. 5. Identify the likely consequence of each alternative. 6. Decide the appropriate action.
SPECIAL NEED FOR ETHICAL CONDUCT IN PROFESSIONS Our society has attached a special meaning to the term professional. The term professional means a responsibility for conduct that extends beyond satisfying individual responsibilities and beyond the requirements of our society’s laws and regulations. A CPA, as a professional, recognizes a responsibility to the public, to the client, and to fellow practitioners, including honorable behavior, even if that means personal sacrifice.
SPECIAL NEED FOR ETHICAL CONDUCT IN PROFESSIONS (CONT.) CPA firms have a different relationship with users of financial statements than most professionals have with their customers. Most clients pay professionals for services and the professional’s primary responsibility is to the client. CPA firms are engaged by management or the audit committee and paid by the company, but the CPA firm’s primary responsibility is to the users of the financial statements. It is essential that users of the financial statements regard CPA firms as competent and unbiased. This is contingent on CPA firms conducting themselves at a high professional level.
Professional Conduct. The Code consists of principles and rules, in addition to interpretations. Only members in public practice can audit financial statements, which is addressed in Part 1. The organization of the Code is detailed in Table 4-1.
• ‘A distinguishing mark of the accountancy profession is its acceptance of the responsibility to act in the public interest. Therefore, a professional accountant’s responsibility is not exclusively to satisfy the needs of an individual client or employer.’ Code of Ethics International Ethics Standards Board of Accountants (IESBA)
independence include: a. Financial interests b. Related financial interest issues c. Consulting, bookkeeping, and other non-attest services d. Litigation between CPA firm and client e. Unpaid fees f. Network of firms
1. INDEPENDENCE RULE (CONT.) a. Financial Interests—The Code prohibits covered members from owning any stock or other direct investment in audit clients. Covered Members—Any person who is in a position to influence an attest engagement. The prohibition of direct ownership also applies to the covered member’s immediate family, which includes spouse, spousal equivalent, and dependents. A Direct versus Indirect Financial Interest—Ownership of stock by a covered member or immediate family is direct financial interest. A close, but not direct, ownership interest is an indirect financial interest.
Any of these relationships between a CPA and the client could affect independence: • Loans, other than normal lending procedures • Employment of immediate and close family members • Joint closely held investments with clients • Director, officer, management, or employee of a company
OBJECTIVE 4-6 Understand Sarbanes-Oxley Act and other SEC and PCAOB independence requirements and additional factors that influence auditor independence.
SARBANES-OXLEY AND RELATED INDEPENDENCE REQUIREMENTS
Auditors of public companies must also comply with the
independence requirements of the Sarbanes-Oxley Act, the PCAOB, and the SEC. Sarbanes-Oxley and the SEC restrict the non-audit services that can be provided to publicly held companies. Sarbanes-Oxley also requires that an audit committee of the public company be responsible for the appointment, compensation, and oversight of the auditor.
b. Confidential Client Information Rule—Practitioners are
not permitted to disclose confidential client information without the client’s consent. Exceptions to Confidentiality Rule: 1. Obligations related to technical standards 2. Subpoena or summons and compliance with laws and regulations 3. Peer review 4. Response to ethics division
Failure to comply with the rules of conduct can be
enforced by the following organizations: • AICPA Professional Ethics Division—Has the authority to suspend or expel a member. • State Board of Accountancy—Has the authority to rescind the CPA certificate and the license to practice. • PCAOB—Has the authority to investigate and discipline firms and individuals for noncompliance with Sarbanes-Oxley and impose sanctions, including suspension or revocation of the firm’s registration.