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Page 1: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

1

Ethics for Governmental CPAs in Florida

2012

Page 2: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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Today’s Discussion Leader is

William Blend, CPA, CFEMoore Stephens Lovelace, PA

1201 S. Orlando Av, Suite 400Orlando, FL 32789

(407) [email protected]

Page 3: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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For More Information

FICPA Member Service Center:(800) 342-3197 (in Florida) or (850) 224-2727

www.ficpa.org/ethics

Sponsor CodesEthics Sponsor ID (FBOA): 3461

QAS Sponsor ID: 014DBPR live presentation ID: 4980

Page 4: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

4

Schedule

Course Begins

Break

Course Ends

100 Minutes 100 Minutes

Page 5: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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Housekeeping Details

Course evaluations Confirmation of attendance DBPR and BOA course ID numbers Type of credit – Ethics (ETH) Participants’ request

• Enter/leave quietly• Quiet cell phones

Other matters

Page 6: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

6

Chapter 1Objectives, Background and

Overview

p. 1-1

Learning Objectives …

Page 7: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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Why are we here?

p. 1-1

Page 8: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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Overview of the Ethics Requirement

80 hours over a two-year reporting period

20 hours of Accounting and Auditing 20 hours of Behavioral – maximum 4 hours of Ethics No limitation or requirement for

Technical Business Ethics course content replaces need for

Laws and Rules exam

p. 1-2

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Yellow Book CPE Requirements

p. 1-2

80 hours over a two-year reporting period, essentially, 80 hours of A&A

CPE to “directly enhance the auditor’s professional proficiency”

24 hours directly related to governmental topics

20 out of the 80 hours to be completed in any one year

Page 10: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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Which Ethics Policies to Follow?

Local – organization? State – rules and regulations? National – AICPA, Yellow Book?

They may contradict. Are you responsible to follow more

than one?

p. 1-4

Page 11: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

11

Major Course Topics

Relationship of Florida laws and rules to national standards

Florida Statutes, Chapters 455, 473, 112 and 119

Florida Administrative Code, Chapter 61H1

Governmental Auditing Standards Independence in Florida Ethical responsibilities of CPAs

p. 1-4

Page 12: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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What are Ethics?

p. 1-6

The discipline dealing with what is good and bad with

moral duty and obligation.

Page 13: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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Key Definitions - Ethics A set of moral principles or values A theory or system of moral values The principles of conduct governing an

individual or a group A guiding philosophy

p. 1-6

Page 14: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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Ethical Behavior Defined

“The term, ethical behavior, refers to how an organization ensures that all its decisions, actions, and stakeholder interactions conform to the organization’s moral and professional principles. These principles should support all applicable laws and regulations and are the foundation for the organization’s culture and values. They define ‘right’ from ‘wrong’ behavior.”

.-- National Malcolm Baldridge

Quality Awardp. 1-6

Page 15: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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Ethics As a SystemKey expressions include:

1. What ought a person to do?2. What ought a person to not do?3. What attitudes are viewed as good?4. What behaviors are viewed as good?5. Why are they viewed as good?

p. 1-7

Page 16: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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Ethics As a System Ethics has traditionally been a subset of

philosophy. Psychology can only tell us what the

average person does and what may result if averages hold.

Does psychology lack any authority of what human behavior ought to be?

p. 1-7

Page 17: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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Behavioral sciences include:• Psychology• Sociology• Cultural Anthropology

Ethics and Psychology

p. 1-7

Page 18: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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Ethics and Religion

Religion has a concern with moral conduct influencing normal behavior

Religions may have different sets of ethical values depending on the religion

Ethics is often a common ground for different religions

p. 1-8

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19p. 1-8

Teaching of Ethics

Can one teach someone to be ethical?• No, it is either in one’s self or it is not.

Can one teach someone what is ethical behavior?• Yes, it is a system of values or

principles for actions.

Page 20: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

20

Crossroads of danger and opportunity

p. 1-8

CPAs in Crisis

(wei-ji)

Page 21: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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Past Studies

The bedrock values of the CPA profession: Committed to the rules of the accounting

profession Being reliable Consistently demonstrated integrity and

ethical behavior AICPA 2005 study – CPAs ranked higher

than many other professionals

p. 1-9

Page 22: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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Ethics and the CPA Profession

Ethics begins with the individual Organizational ethics are guided by

individual ethics CPA reputation has been based on core

values for over 100 years• Honesty• Integrity• Trustworthiness

p. 1-9

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The ethics requirements in the CPA profession in Florida (and maybe everywhere) most likely come as a response to a crisis.

The responses have been at many levels:• Regulatory• Educational• Personal

Responding to a Crisis

p. 1-10

Page 24: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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Ethics and the CPA Profession

Some mutual fund companies in illegal trading practices

Prominent pharmaceutical companies engaging in ethical violations and cover-ups

Professional and Olympic athletes using performance enhancers

p. 1-10

Page 25: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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Ethics and the CPA Profession Politicians in blatant ethical violations

and shady conduct Newspaper and news broadcast

companies in fabrication, plagiarism, and falsification

Sexual misconduct of religious leaders

p. 1-10

Page 26: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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Ethics and the CPA Profession

Internet spammers, virus creators, hackers, moral indecency

Illegal downloading of music and files Shoplifting in the form of copyright

infringement Accounting wrongdoing

p. 1-10

Page 27: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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Governmental Ethics in the News

What ethics news regarding governmental agencies has

made headlines in your area?

p. 1-10

Page 28: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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Changes have Created a Crossroads of the Profession

Increased emphasis on ethics at state and national levels

Changes in our profession• Ownership• Solicitation• Commissions• Sale of financial products• Competitive bidding

p. 1-10

Page 29: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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Who Regulates Ethics?

FL BOA AICPA SEC PCAOB Yellow Book and OMB State regulatory agencies IRS

p. 1-11

Page 30: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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AICPA Code of Professional Conduct

.02 The Principles of the Code of Professional Conduct of the American Institute of Certified Public Accountants express the profession’s recognition of its responsibilities to the public, to clients, and to colleagues. They guide members in the performance of their professional responsibilities and express the basic tenets of ethical and professional conduct. The Principles call for an unswerving commitment to honorable behavior, even at the sacrifice of personal advantage.

p. 1-11

Page 31: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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General Questionsand Answers

AICPA Code of Professional Conduct

www.aicpa.org

p. 1-11

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General Questions

1. Whom does the Code of Professional Conduct govern?

2. Can the AICPA revoke my license due to a disciplinary matter?

3. Does the AICPA contact other state CPA societies and regulatory agencies having disciplinary responsibilities?

p. 1-11

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General Questions

4. Do other state CPA societies and federal and/or state regulatory agencies refer matters to the AICPA?

5. Am I subject to the same rules of the Code if I practice public accounting or work in business and industry?

p. 1-12

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General Questions

6. What enables the AICPA the power to enforce the Code of Professional Conduct?

7. How could I have a conflict of interest when I am no longer working in public accounting?

8. What are the ramifications if I am found in violation of the Code?

p. 1-13

Page 35: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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Background of Florida’s Ethics Requirement

Florida became the 37th state to establish an ethics requirement

All 50 states have this requirement Outlined by Florida Board of

Accountancy (see 61H1-33.003) FICPA’s support is in line with national

support

p. 1-13

Page 36: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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Ethics Decision Tree

For Government

p. 1-14

Page 37: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

37

For More Information

Florida Board of Accountancy http://www.myfloridalicense.com/dbpr/cpa

Florida Institute of CPAs http://www.ficpa.org/ethics American Institute of CPAs http://aicpa.org

Financial Accounting Standards Board http://www.fasb.org

Appendix B

Page 38: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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State of FloridaOffice of the

Governor

p. 1-18

Executive OrderNumber

11-03

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Chapter 2Ethical Beliefs and Behavior

in US Businesses & Government Agencies

p. 2-1

Learning Objectives …

Page 40: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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The Ethics Resource Center

ERC was founded in 1922 America’s oldest non profit organization

devoted to the advancement of high ethical standards and practices in public and private institutions.

ERC has been a resource for public and private institutions committed to a strong ethical culture for 90 years.

Visit www.ethics.org

p. 2-1

Page 41: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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National Business Survey

Survey of businesses conducted by ERC in 2011; government survey in 2007

7th in a series of surveys Polled over 3,000 employees in the business,

government and non profit sectors Longitudinal research study; identifies

context for national trends

p. 2-1

Page 42: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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2011 Survey Results

Fewer employees witnessed misconduct on the job• Fell from 49% in 2009 to 45% in 2011 (new low)

More employees reported misconduct when they observed it• 65% in 2011, up from 63% in 2009

Strength of ethical culture in the workplace decreased – a negative sign • 42% in 2011, up from 35% in 2009

Perceived pressure to commit an ethics violation increased• 13% in 2011 from 8% in 2009

p. 2-2

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However…retaliation against those who reported misconduct increased sharply … a negative development

However …

p. 2-2

Page 44: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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Survey Results (cont.)

Post-recession employee conduct is similar to behavior during the recession

This phenomenon is a significant factor in the historically low rates of misconduct and high rates of reporting

Also matches historical data that shows ethical conduct improves when the economy cools

p. 2-2

Page 45: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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Survey Results (cont.)

Active social networkers report more negative experiences in their workplaces

Also more likely to experience pressure to compromise ethics and to experi ence retaliation for reporting misconduct than less active social networkers

32% of active social networkers are more likely to feel pres sure than less active networkers and non-networkers

p. 2-2

Page 46: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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2011 Was Unique Year for Ethics

The NBES findings indicate something is changing in the American workplace

American employees are doing the right thing more than ever before, but in other ways em ployees’ experiences are worse than in the past

p. 2-2

Page 47: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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2011 Was Unique Yearfor Ethics (cont.)

ERC’s explanation of the unique results from the 2011 survey could be one of two views:• The 2011 survey marks the beginning of a

major change in the way the American office conducts itself

• The 2011 survey is a snapshot of a workforce knocked off its historic trend, and now in the process of returning to the patterns seen in past studies

p. 2-2

Page 48: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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2011 Was Unique Yearfor Ethics (cont.)

The ERC believes it is more likely the latter – a snapshot that captures a downturn on the horizon in ethical behavior

p. 2-2

Page 49: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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Specific Forms of Retaliation Experienced

64% Excluded from decisions and work activity 62% Received a cold shoulder 62% Verbally abused by management 56% Almost lost their job 55% Not given promotions or raises 51% Verbally abused by other employees 46% Cut in pay or hours 44% Relocated or reassigned 32% Demoted 31% Experienced physical harm to person or

property

31% Experienced online harassment 29% Harassed at home

p. 2-2

Page 50: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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Observed Misconduct

Nearly half (49%) of employees observed some type of misconduct taking place in the workplace

Percentage is based on employees’ observing at least 1 of 15 specific behaviors in the past 12 months

p. 2-2

Page 51: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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30% of federal and 14% of state/ local govt. workers believe their organizations have well-implemented ethics and compliance programs

Most frequently observed misconduct by federal employees were: abusive behavior, safety violations, lying to employees, and putting one's own interests ahead of the organization's

58% of all government workers who saw misconduct did not report it• Did not believe managers would take action• Feared they would face retaliation if they

reported what they• 1% used anonymous hotlines

Governmental Study - Results

p. 2-3

Page 52: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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Organizational EthicsLinks for Government – Examples City Ethics - www.cityethics.org FirstGov.gov - www.firstgov.gov/ Dodd-Frank Wall Street Reform &

Consumer Protection Act - http://sec.gov/spotlight/dodd-frank.shtml

House Committee on Standards of Official Conduct - www.house.gov/ethics

US Office of Government Ethics - www.usoge.gov

p. 2-4

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The ERC Fellows Program meets twice a year to study issues.

For past two years they have looked into questions of government regulation and enforcement.

“Too Big to Regulate?” refers not to size but to whether the U.S. government can keep pace with changes and challenges.

Too Big to Regulate?

p. 2-6

Page 54: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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Chapter 3

Assurance Provided by Regulation

(Chapter 455)

p. 3-1

Learning Objectives …

Page 55: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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Florida Board of Accountancy

Defined in FS 455.01(1) Powers and duties include:

• Authority to issue citations• Conduct disciplinary proceedings• Designate violations• Recover costs

p. 3-1

Page 56: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

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The Division of Certified Public Accounting is a division within Florida’s Department of Business and Professional Regulation (DBPR)

The division is responsible for the licensing and regulation of over 30,500 Certified Public Accountants (CPAs) and over 5,200 CPA firms

The Division of Certified Public Accountants

p. 3-1

Page 57: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

Division Offices

Tallahassee, FloridaDepartment of Business and

Professional Regulation Headquarters

Gainesville, FloridaSection 20.165(2)(c)(2), Florida

Statutes, states that the Division of Certified Public Accounting shall be

located in Gainesville.

Mission:

To ensure that the licensees meet the statutory

requirements for licensure and practice of certified

public accounting in Florida, as well as to protect the

public from unscrupulous and unlicensed

practitioners.

www.MyFloridaLicense.comp. 3-2

Page 58: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

Number of Licenses

28,285 Active CPAs 2,163 Inactive CPAs 5,263 Accounting Firms

Source: DBPR Div. of CPA, November 2011

p. 3-2

Page 59: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

www.MyFloridaLicense.com

Division Responsibilities

Administers to the Florida Board of Accountancy

Application Processing Biennial License Renewal Protect the public from unscrupulous and

unlicensed practitioners

p. 3-2

Page 60: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

www.MyFloridaLicense.com

Administers to the Florida Board of Accountancy

Coordinates meetings for Board, Probable Cause Panel, and other committees.Prepares agendasCopies agenda items and bind board booksPrepares and sends notices

Makes recommendations regarding licensure and denial of applications.

Communicates to licensees and/or potential licensees board policies and rulings.Board and Probable Cause Panel meet every 6 to 8 weeks

p. 3-2

Page 61: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

www.MyFloridaLicense.com

Complaints Received ByBoard of Accountancy

p. 3-2

10-11 09-10 08-09 07-08

Total received 328 301 304 334

Legally sufficient 161 235 350 34

Probable cause found 183 55 69 10

No probable cause 150 172 206 111

Administrative 22 24 36 10

Disciplinary action 27 48 5 10

Page 62: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

www.MyFloridaLicense.com

Complaint Process

Cases found to have probable cause are presented to the full board for final action.

OGC Prosecuting Attorney presents case to the Probable Cause Panel to determine if probable cause exists, and/or to determine if the complaint should be forwarded to a consultant for further investigation.

Complaints found to have legal sufficiency are forwarded to the Office of General Counsel (OGC)

The Division is responsible for reviewing complaints for legal sufficiency

Final Orderp. 3-3

Page 63: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

www.MyFloridaLicense.com

Protecting the PublicDisciplinary Proceedings Florida Statute 455.225

• The Department shall investigate any complaint that is in writing, signed by the complainant, and is legally sufficient.

• The Department may investigate any anonymous complaint or a complaint made by a confidential informant if:– The complaint is in writing and legally sufficient,– The alleged violation of law or rule is substantial, and– The department has reason to believe that the allegations are

true.• The Department may initiate an investigation if it has reasonable

cause to believe that a licensee has violated a Florida Statute or Rule.

p. 3-3

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Authority to Issue Citations (Florida Statutes 455.225)

FL BOA has authority to issue citations FL BOA may designate violations FL BOA can recover costs Must issue citations within 6 months

p. 3-5

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65

Grounds for Disciplinary Action

Being convicted or found guilty, or entering a plea of nolo contendere to a crime in any jurisdiction directly relating to practice of public accounting or ability to practice

Making or filing a false report or record that licensee knows to be false

p. 3-9

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66

Introduction to the Case Study

The case study begins with this chapter and continues throughout the manual.

p. 3-13

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67

Chapter 4

Public Accountancy in Florida

(Chapter 473)

p. 4-1

Learning Objectives …

Page 68: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

68

Statutory References

The public is assured by the State Legislature in the Florida Statutes, Chapter 473 that the Legislature,

“…deems it necessary in the interest of public welfare to regulate the practice of public accountancy in this state.”

p. 4-1

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69

Key Definitions Certified Public Accountant – person holding a

license to practice – 473.302(4) Firm – Any entity engaged in practice of public

accounting – 473.302(5) Licensed Audit Firm – licensed under FS

473.3101 “Practice of” or “practicing public

accountancy”, or “public accounting” 473.302(8)(a)(b)(c)• Opinion on financial statements• Accounting services• Preparation of financial statements

p. 4-1

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70

New Definition – Members in Business

ET Section 92, Definitions

The new definition is intended to capture members that are not in the practice of public accounting

p. 4-3

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71

Powers and Duties of the Board

Chapter 473, FS, gives the FL BOA certain powers and duties:• Fees• Examinations• Licensure• Practice Requirements• Continuing education• Other matters

p. 4-3

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p. 4-4

Biennial License RenewalIndividual Renewal

Approximately 16,000 renew each fiscal year Continuing Professional Education Payment of renewal fee of $105.00

– $97.00 deposited into the Professional Regulation Trust Fund

– $5.00 deposited into the Unlicensed Activity Trust Fund

– $3.00 deposited into the Minority Scholarship Trust Fund

www Payment can be made online at www.MyFloridaLicense.com

Page 73: 1 Ethics for Governmental CPAs in Florida 2012. 2 Today’s Discussion Leader is William Blend, CPA, CFE Moore Stephens Lovelace, PA 1201 S. Orlando Av,

www Payment can be made online at www.MyFloridaLicense.com

Biennial License RenewalFirm Renewal

Approximately 5,200 firms renew every two years

All firm licenses expire in odd years Submit the appropriate renewal fee:

– $150 for Partnerships, Corporations, and Limited Liability Companies

– $50 for a Sole Proprietor and One Owner Corporations

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CPA Examination – 473.306

Requirements for taking CPA Exam: Good moral character Meets academic requirements

• 120 hours with a concentration in accounting and business

• Must have an additional 30 semester hours (150 total) to be issued a license

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473.308 Licensure

Baccalaureate degree with a major in accounting or its equivalent plus at least 30 semester/45 quarter hours

Must have one year of work experience Good moral character

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Licensure by Endorsement

Section 473.308(7) waiver Five year experience as CPA

• Under CPA in any state or equivalent as determined by the BOA

• May waive the additional education requirements

p. 4-7

473.308 (7)

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Renewal of License

The department shall renew a license upon receipt of:

• Renewal application• Fee• Certification of CPE by BOA• Exception for spouses of members of

Armed Forces (61H1-33.0065)

(473.311, FS)

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Informaing DBPR of Address Changes

All Florida CPAs must have their correct street address on file with the BOA as their ‘address of record’

A post office box may be added only as a mailing address

All Florida CPAs must notify the BOA within 30 days of any changes to the ‘address of record’

(61H1-26.005, FAC)

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Changes by Firms

Firm must file written notification with Department within 30 days of:• Addition of any non-CPA• Any non-CPA co-partner, shareholder or

member in any Florida office• Any CPA, non-CPA co-partners, shareholders

or members have convictions or findings of guilt, regardless of adjudication

(61H1-26.004, FAC)

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www.MyFloridaLicense.com

www.MyFloridaLicense.com

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Communicating with DBPR

Changing your address online will satisfy the “in writing” requirement

Do check your license periodically• www.myfloridalicense.com• Choose Renew a License and follow

the prompts• To log in initially, use your license

number and last four digits of SSN

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The Florida BOA

is not responsible

for finding you!

Submit written notice of your changes to DBPR within 30 days

All addresses on file with DBPR are required to include a street address

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Communicating with DBPR

Contact the BOA with your questions

E-mail: [email protected]

Customer Contact Center: (850) 487-1395

Monday-Friday, 8 am to 5 pm EST

Florida Board of Accountancy

240 NW 76th Drive, Suite A

Gainesville, FL 32607

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Continuing Education

Florida CPAs must submit proof of completing at least 48 of 80 CPE hours every 2 years

Penalty to complete CPE requirement on time may be up to 25% additional CPE hours

(473.312 FS)

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Continuing Education (cont.)

Not less than 25 percent of the total hours required by the board shall be in accounting-related and auditing-related subjects

Not less than 5 percent of the total hours required by the board shall be in ethics applicable to the practice of public accounting

(473.312 FS)

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Continuing Education (cont.)

Approved programs by the board shall be formal programs of learning which contribute directly to the professional competency of an individual following licensure to practice public accounting and may be any of the following:• Professional development programs of the

AICPA• State societies of certified public

accountants or other organizations

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Continuing Education (cont.)

• Technical sessions at meetings of the AICPA, state societies, chapters, or other organizations

• University and college courses• Formal organized in-firm education

programs The board shall adopt rules establishing the

CPE requirements for Florida CPAs who are engaged in the audit of a governmental entity (61H1-33.0035)

p. 4-12

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Continuing Education (cont.)

CPAs need to keep track of Yellow Book hours, primarily for peer review purposes (61H1-33.0035)

The board may appoint a CPE Advisory Committee, which shall be composed of 1 member of the board, 1 academician on the faculty of a Florida university, and 6 CPAs

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Continuing Education – Governmental Auditing

Any CPA involved in governmental audits including planning, directing, field work, or reporting should comply with the “Yellow Book” CPE requirements

Required to take 24 hours of CPE that directly relates to government auditing, the government environment, or the specific environment of the  audited entity

See details at http://www.gao.gov/yellowbook

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Major Changes to CPE Reporting

As of January 1, 2011, DBPR no longer requires CPAs to report their CPE to DBPR

All licensees, regardless of whether you have an established account with DBPR’s Online Services are required to register as a new user

DBPR will rely on the honor system, self-reporting of hours earned

Retain documentation in case of CPE audit

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Inactive Status

A Florida certified public accountant may request that her or his license be placed in an inactive status by making application to the department

The board may prescribe by rule fees for placing a license on inactive status, renewal of inactive status, and reactivation of an inactive license

(473.313 FS)

p. 4-14

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Reactivation

Complete forms• DBPR 0010-2, Master Individual Application• DBPR CPA 5011-1, Request for Change of

Status

Required CPE hours• one reporting period (120 hours)• two reporting periods (200 hours)• three-plus reporting periods (280 hours)

(61H1-33.006)

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Mobility

Mobility (or also know as “practice mobility”) is the ability of a licensed CPA to gain a practice privilege outside of their home state without getting an additional license in another state where they will be serving a client.

Visit www.CPAMobility.org for practice requirements of other states.

(473.3141 FS)

p. 4-15

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Temporary License

Not valid for more than 90 days Fee of $400 Will not cover more than one engagement Not required for person entering this state

solely for the purpose of preparing federal tax returns or advising on federal tax matters

(473.314 FS)

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95

“Accountancy Bill” 2012 Legislation – 5 Key Changes

Amends 473.308(4), F.S., to allow CPAs to obtain the one-year work experience licensure requirement through verification by another CPA, versus direct supervision of a CPA (current law)

Streamlines the licensure-by-endorsement requirements in 473.308(7), F.S. for CPAs who have held a license in another state for at least 10 years prior to application

p. 4-16

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“Accountancy Bill” 2012 Legislation – 5 Key Changes

Creates a one-time amnesty to reactivate a license by allowing CPAs to notify the BOA of their intention by Dec. 31, 2012, and complete 120 hours of continuing professional education (CPE) by June 30, 2014

p. 4-16

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“Accountancy Bill” 2012 Legislation – 5 Key Changes

Amends 473.313(3), F.S., by creating a 75-day window to submit a renewal application, without having to apply for reactivation, for licensees who had completed the required CPE by Dec. 31, but failed to report

Provides for a BOA report to the Legislature on the potential cost savings of privatizing or outsourcing some Board functions

p. 4-16

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Chapter 5Ethics of Integrity,

Objectivity, Commissions, Contingencies, and

Communications(FAC 61H1)

p. 5-1

Learning Objectives …

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Comparison of Florida Rulesto National Standards

FAC 61H1-21.002

In the Florida Administrative Code (FAC), a CPA shall not:

• Knowingly misrepresent facts• Subordinate their judgment to:

Clients Employers Other third parties

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Comparison of Florida Rulesto National Standards

FAC 61H1-21.002

• Florida standards have their basis in the AICPA’s standards

• True for Section 102, Integrity and Objectivity of the AICPA Code of Professional Conduct

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“A member should maintain objectivity and be free of conflicts

of interest in discharging professional responsibilities.”

Definition of Objectivity

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“Integrity can accommodate the inadvertent error and the honest difference of opinion; it cannot

accommodate deceit or subordination of principle.”

Definition of Integrity

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What is Integrity?

Being candid Being honest Placing service and public trust above

personal advantage and personal gain

Doing the right thing Acting in good faith Observing both form and spirit of

professional standards

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104

Conflicts of Interest – AICPA Examples

A member provides tax or PFP services for several members of a family who may have opposing interests

A member has a significant financial interest, is a member of management, or is in a position of influence in a company that is a major competitor of a client for which the member performs management consulting services

A member serves on a city's board of tax appeals, which considers matters involving several of the member's tax clients

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Direct Violations

AICPA ET 102.01 Rule 102 Actions deemed violations:

• Make, permit, or direct materially false or misleading entries…

• Fail to correct materially …• Signing, permitting to sign or

directing to sign materially …

p. 5-4

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106

Materiality -A Key Concept

What is it?

p. 5-4

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Definition of Materiality

“Magnitude of an omission or misstatement of accounting information

that, in the light of surrounding circumstances, makes it probable that the judgment of a reasonable person

relying on the information would change or be influenced.”

Defined by FASB Statement of Financial Accounting Concepts No. 2, Qualitative Characteristics of Accounting Information

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Materiality

Has been defined in FASB, AICPA, SEC, and PCAOB documents…

So, if the definitions are everywhere, what’s the problem?

p. 5-4

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Materiality (cont.)

The problem is…• No authoritative formulation of

materiality in the law or accounting literature.

• May be quite small numerically• Must be considered quantitatively and

qualitatively

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GAS Materiality

The 2007 GAS (sections 4.05 & 6.06) includes:

• An increased emphasis on audit quality and ethics

• An extensive update of the performance audit standards to include a specified level of assurance within the context of risk and materiality

• May need to set lower materiality levels than in private sector–public accountability

p. 5-4

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111

Impairment of Objectivity or Integrity

Rule 102, Ethics Ruling No. 113 – “Acceptance or Offering of Gifts and Entertainment”

What about gifts???• Nature of gift• Occasion• Cost• Other matters

p. 5-5

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112

2007 GAS has guidance on: Public interest Professional behavior Integrity Objectivity Proper use of government information,

resources, and position

Ethical Responsibilities under GAS 2007

p. 5-5

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113

Use common sense Pay your own way for meals and entertainment

valued over $20 Pay your own transportation and

accommodations Pay fair market price for products and services Keep records of your expenses If in doubt, don’t accept! See Appendix D for ethics principles

Gifts at the Federal Level

5 C.F.R. § 2635.202-204

p. 5-7

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114

Follow guidance from your own agency and FS 112.3148

Don’t accept gifts from a political committee or lobbying organization

Determine fair value of gifts – actual cost less taxes & gratuities

Honorariums treated similarly to gifts

Gifts at theState Level

Florida Statutes 112.3148

p. 5-8

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115

Commissions and/or Referral Fees (FAC Section 61H1-21.003)

Prohibits commissions or referral fees with:• Audits• Reviews• Compilations• Prospective financial data• Services resulting in an expression of

opinion

p. 5-10

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Contingent Fees (FAC 61H1 – 21.005)

Allowed only on findings of the government - not that of the licensee

Some exceptions Government employees are not allowed

to accept a contingent fee

p. 5-12

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Communication with Client of Another Licensee

(Florida Administrative Code 61H1 – 21.006)

“When a client of one licensee requests a second licensee to provide professional advice in connection with an expression of opinion, the second licensee must consult with the first, after obtaining the client's consent, to make certain that the second CPA is aware of all the relevant facts.”

p. 5-14

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118

Chapter 6

Competency and Related Issues

p. 6-1

Learning Objectives …

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Florida Standards - Compliance

The Florida standards require compliance in four general areas:1. Professional Competence2. Due Professional Care3. Planning and Supervision4. Sufficient Relevant Data

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120

Competence – Professional Agreement to perform implies that the

member has necessary competence to complete the engagement

Member does not assume a responsibility for infallibility of knowledge or judgment

Competence involves both the member and his/her staff

A CPA must be in charge of all public accounting services performed by the firm

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Competence – Due Professional Care

Assumes the person offering services possess the “degree of skill commonly possessed” by other persons

Assumes the person exercises that skill with “reasonable care and diligence”

p. 6-2

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Competence

Planning and Supervision “A licensee shall adequately plan and

supervise an engagement.”

Sufficient Relevant Data Data of a reasonable basis for a

conclusion or recommendations

p. 6-2

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AICPA ET Section 201 – General Standards

The AICPA standards are closely aligned with the Florida standards

Various interpretations also are closely aligned with the Florida standards

p. 6-2

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Interpretations Under Rule 201, (cont.)

Competence to perform professional services involves:• The technical qualifications of the

member and the member's staff• Ability to supervise and evaluate the

quality of the work performed

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Interpretations Under Rule 201, (cont.)

Competence relates to:• Knowledge of the profession's

standards, techniques and the technical subject matter involved

• The capability to exercise sound judgment in applying such knowledge in the performance of professional services

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126

HindsightHow we may be judged

p. 6-3

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Hindsight Judgment Hindsight is how we will be judged We will be judged for compliance with the

ethical standards (professional competence, due professional care, planning and supervision, and sufficient relevant data)

Often these standards may be judged after the situation has occurred

Those judging us may ask, “Did you…” We must protect ourselves from perfect

hindsight vision

p. 6-3

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Hindsight Protection

p. 6-3

Documentation

Documentation

Documentation

Documentation

Documentation

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Documentation Requirements Documentation requirements are found in many professional standards: Auditing Standards Review Standards Compilation Standards Quality Control Standards Attestation Standards Other Standards

p. 6-4

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130

Audit Documentation For our protection, we must understand

the general body of standards to which we will be held accountable

Includes AICPA standards as well as Florida requirements

Documenting is your best means of defense. Be sure to document:• in writing• industry-specific• timely

p. 6-4

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Audit Documentation (cont.)

Documentation implies that each work paper will include the following six points:

1. Who prepared it?2. When?3. Who reviewed it?4. When?5. Where did it come from?6. Where is it going?

p. 6-5

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132

Risk Assessment Standards

Many documentation requirements are in the “Risk Assessment” standards

SASs 104-111 have been reissued as part of the Clarity Project

The new standards are in SAS 122, effective for periods ending after December 15, 2012

p. 6-6

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Specific Standards

A&A Standards are generally the same as those of the AICPA

Other Standards are generally those of the AICPA

Some standards are not authoritative Florida’s assembled financial

statements are NOT recognized by the AICPA

New standards for local Government audits – Auditor General Rules

p. 6-6

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Government Auditing Standards – General Standards

Independence• free from personal, external, &

organizational impairments Professional Competence

• Professional skepticism, diligence Judgment

• Engagement staff must collectively possess adequate professional competence

p. 6-6

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135

Summary of New Ethics Guidance from the AICPA

Framework for independence standards [ET Section 100-1.20]• Definitions of Public Interest and changes to

threats Applicability [ET Section 91]

• No separate AICPA disciplinary process if AESBA standards used

Members in business [ET Section 92.22] • Members must follow Code if type of services

requires it

p. 6-6

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Summary of New Ethics Guidance from the AICPA (cont.)

Disclose client info to third parties [ET Sections 92.05 and 391.2]• Disclosing info without permission is more

limited Disclose prior employer confidential

information [ET Sections 92.05, 391.2, 501.9]• Limits member’s disclosure about prior

employers

p. 6-6

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Summary of New Ethics Guidance from the AICPA (cont.)

Concept of “financial interest threats” is expanded to business members [ET Section 100-1.20]• Now requires members in business to recognize

financial interest threats and safeguards Expands what is false or misleading acts to all

CPAs [Interpretation 501.10, .11]• Now applies to members in business

p. 6-6

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Summary of New Ethics Guidance from the AICPA (cont.)

Interpretation on application of independence reqs. to attest clients [Int.101-18, 20]• Independence requirement applications

revisited CPAs may now teach for firm’s educational

institution clients [101-.19, .21]• Auditors may now be part-time faculty

Changes 101-3 for Attestation Engagements [101-.11, .13]• May now provide attest services not relating to

specific matters of attestation engagement

p. 6-6

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Summary of New Ethics Guidance from the AICPA (cont.)

Modifies GAAP for Rule 203 [Interp. 203-5]• May now use but denote the framework used

Explains when members may withhold records prepared for clients [Interp. 501-1]• Members must give client prepared records on

request; may retain if unpaid fees or pending litigation exists

Members may not use misleading firm names [Interpretations 505-4 and 505-5]• CPAs should not use misleading firm names

p. 6-6

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Chapter 7Ethics and Independence

(Florida and AICPA)

p. 7-1

Learning Objectives …

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Which Rules are for You?

• The Florida Legislature• The FL BOA• The AICPA• The PCAOB• The SEC• Yellow Book and/or OMB Requirements• Others

p. 7-1

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Key Independence Terms Covered member

• Single Office• Multi Office

Services performed• Attest services• Nonattest services

Client Relationships

p. 7-2

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Who is a Covered Member?

Individual on attest engagement team

Individual in a position to influence Partner or Manager providing

nonattest services if…

Partner in office of engagement partner

The firm Firm or commonly controlled entities

p. 7-3

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144

What is an attest engagement?

An engagement that requires independence (ET 92.01)

In Florida, FS 473.315 sets the stage. Florida has “Standards for

Independence” (Appendix H) “A certified public accountant shall not

express an opinion of the financial statements of an enterprise unless she or he and her or his firm are independent with respect to such enterprise.”

p. 7-3

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Gifts and Entertainment

Rule 101, Ethics Ruling No. 114, “Acceptance or Offering of Gifts or Entertainment to or from an Attest Client.”

Position to influence Significance Reasonable

p. 7-5

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146

Code of Professional Conduct

“The Code of Professional Conduct was adopted by the membership to provide guidance and rules to all members - those in public practice, in industry, in government, and in education - in the performance of their professional responsibilities."

Introduction to Code of

Professional Conduct, AICPA

p. 7-6

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61H1-21.001 Independence

The Florida Statutes are very clear on independence and expressing an opinion.

The technical standards for independence are set out in FAC 61H1-21-001.

61H1-21.001 (2) sets out the standards known as “Standards for Independence” for Florida CPAs

Requires compliance with this rule

p. 7-6

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Code of Professional Conduct

Florida’s “Standards for Independence” has a direct reference to the AICPA’s Code of Professional Conduct

From the pronouncements, one can assume that if you are either a member of the AICPA or a licensed Florida CPA, the provisions for independence will apply

The major question is…apply to which engagements?

p. 7-6

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Basic Engagements

Five basic engagements require independence:

1. Audit2. Review3. Compilation4. Attestation5. Prospective Financial Statements

p. 7-6

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150

Attest Engagements

The AICPA’s Ethics Interpretation No. 101-3, states that an attest engagement is any engagement which requires the CPA to be independent

Interpretation does not apply to a compilation engagement which the accountant has modified the report to indicate a lack of independence

No question that a review engagement or an audit engagement is an “attest” engagement

In SSARS 19 there is a clear indication that a compilation is an attest engagement

p. 7-6

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151

Covered Members and Independence

Single Office Multi Offices

p. 7-6

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Who is the Client?

“Client” shall be deemed and construed to mean the person(s) or entity which retains a licensee for the performance of public accounting services.”

FAC 61H1-20.003

p. 7-8

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Independence of Internal Auditors

Internal auditors reporting internally to management are free from impairment of independence if they are:

p. 7-8

Accountable to the governmental head

Report results of work to the governmental head

Located organizationally outside of staff or line management functions

Has access to those charged with governance

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Independence Changes in Comp & Review Engagements

SSARS 19, Compilation and Review Engagements• In a compilation when the accountant is not

independent, the accountant should indicate the lack of independence

• SSARS 19 states that the accountant is not precluded from disclosing a description about the reason(s) independence is impaired

• Disclosing the reason(s) is not required but is optional

p. 7-10

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Chapter 8

Independence: Non-attest, Non-audit Services

p. 8-1

Learning Objectives …

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AICPA and GAO Standards

Both AICPA and GAS provide guidance for nonattest services by an auditor

Nonattest audits must comply with both sets of standards

GAO rules are typically more restrictive The standards are different, see

comparison in Appendix F

p. 8-1

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Performing Nonattest Services Independence Rules of AICPA Under Interpretation 101-3 the

independence rules may come from several authoritative bodies.• FL BOA• AICPA• SEC• GAO• Department of Labor

p. 8-2

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Nonattest Services for a Client

When nonattest services are performed for clients for which attest services are performed: • Documentation of understanding

with client is necessary• The requirements of 101-3 are still

being revised

p. 8-2

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Nonattest Services for a Client

Clients must agree to do certain things:• Make all management decisions• Designate an employee• Evaluate adequacy and results• Accept responsibilities• Establish and maintain controls

p. 8-2

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160

Nonattest Services for a Client

Member must establish and document in writing his/her understanding with the client:• Engagement objectives• Services• Client’s acceptance• Member’s responsibilities• Any limitations

p. 8-3

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161

AICPA Interpretation 101-3 Revisions issued by the Professional Ethics

Executive Committee (PEEC) Revisions are in bookkeeping, internal

audit services, valuation, appraisal, actuarial services, and information systems design and implementation

Revisions tighten the requirements for documentation of the member’s understanding with the client regarding the services to be performed p. 8-3

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162

Professional Ethics Quiz

…do you know the answer?

p. 8-4

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163

Independence Changes in Attestation Engagements

SSAE No. 17, Reporting on Compiled Prospective Financial Statements When the Practitioner’s Independence is Impaired, has permitted (but not required) the accountant to disclose the reason(s) for an independence impairment in the report

SSAE 17 is effective for compilations of prospective financial statements for periods ending on or after December 15, 2010

p. 8-11

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Performing Nonattest Services Independence Rules of GAS

Overarching Principles1. The auditor should not provide

nonaudit services that involve performing management functions or making management decisions.

2. The auditor should not audit his/her own work or provide nonaudit services in situations where the nonaudit services are significant/material to the subject matter of the audit.

p. 8-12

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165

Yellow Book Independence Scenarios

…do you know the answer?

p. 8-13

By the Comptroller General of the United StatesGovernment Auditing Standards

July 2007

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Chapter 9Ethical Responsibilities to

Clients and Other Considerations

p. 9-1

Learning Objectives …

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167

Confidential Client Information

CPAs may not disclose any confidential information obtained in the course of a professional engagement without the consent of the client.

Implies active and stored information Peer Review is excluded

p. 9-2

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168

Client Confidentiality

Confidentiality includes:• Office situations• Storage in and away of client data• Other situations

p. 9-3

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Records Disposition Responsibility

CPA must return client records, documents, or other papers belonging to the client within a reasonable time

May charge for reasonable costs incurred

p. 9-4

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170

Revisions to Rule 501-1

The revised interpretation defines key terms

Makes interpretations of how to respond to client requests

p. 9-5

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Florida’s Public Record LawChapter 119, F.S.

“any public record made or received in connection with the official business of any public body, officer, or employee of the state, or person acting on their behalf unless there is a specific exemption.” Article I, Section 24 (a), Florida Constitution (1968)

p. 9-9

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172

Advertising

Advertising may not be:• Fraudulent• False• Deceptive• Misleading

p. 9-10

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Advertising/ Advertisements

Misrepresentation of facts Partial disclosure False or unjustified expectations Appeal to fears, ignorance or anxieties False claims or misleading claims Designations False information

p. 9-10

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AICPA Rules on Advertising

Found in ET Section 502 – “Advertising and Other Forms of Solicitation”

Florida rules generally follow the AICPA rules

p. 9-12

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175

Solicitation (61H1-24.002)

Licensee may reply to requests for proposals

Must adhere to rules for advertising, both oral and written

p. 9-13

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176

Responsibilities toOther Persons

Licensees may not allow others to do things the CPA themselves may not do

This includes situations for compensation and not for compensation

p. 9-14

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177

Practical Responsibilities

Advertising/Advertisements Solicitation Other Persons Names, Terms, Branch Offices Form of Practice

p. 9-14

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178

Administrative and Office Considerations

Names, terms, and branch offices (61H1-26)

Forms of practice and name shared office space (61H1-26.001)

Minimum capitalization /adequate public liability insurance (61H1-26.002)

Financial statements of the firm

p. 9-14

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179

AICPA Rulings and Interpretations on Ethics

p. 9-15

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180

Chapter 10

Code of Ethics for Public Officers and Employees

p. 10-1

Learning Objectives …

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Key Definitions

Agency Breach of public trust Conflicts of interest Gift Purchasing agent Relative See s. 112, Part III, Definitions

p. 10-2

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Standards of Conduct

Solicitation or acceptance of gifts Doing business with one's agency Conflicts of employment or contractual

relationship Unauthorized compensation Misuse of public position Exemptions and other issues Disclosures or use of certain information

p. 10-3

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Chapter 11

Future Implications

p. 11-1

Learning Objectives …

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To prophesy is extremely difficult … especially with regard

to the future.

p. 11-1

Chinese Proverb

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185

Our FutureWhere is the CPA profession going?

p. 11-1

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Our Future (cont.)

Most VERY large audits are performed by the “Quadropoly”/“Final Four”

XBRL – bar coding of financial statements

Accounting Standards Codification GAAP Restructuring/Codification Student enrollment in accounting across

the US continues to rise Mobility

p. 11-1

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187

Mobility

2007 - only 4 states had passed mobility provisions

By Nov. 2011, 48 states had enacted mobility statutes. California, Guam, Hawaii, Puerto Rico, and US Virgin Islands are in-process. 

Washington, DC has mobility pending. 

473.3141 FS

p. 11-2

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Mobility (cont.)

Mobility (practice mobility) is the ability of a licensed CPA to gain a practice privilege outside of their home state without getting an additional license in a client’s state.

In the end, State Boards of Accountancy will gain automatic jurisdiction over all CPAs practicing in their states whether they are licensed or registered in their state.

473.3141 FS

p. 11-2

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189

Mobility (cont.)

Substantial Equivalency – 3 Issues• Education• Experience• Enforcement

473.3141 FS

p. 11-2

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190

CPA Mobility Legislation 2012

p. 11-2

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191

“Big GAAP” vs “Little GAAP” Jan. 2011 - Blue-Ribbon Panel addressing

Standards for Private Companies submits report of recommendations to Financial Accounting Foundation

Report calls for fundamental changes to the system of standard setting, including the creation of a new board, to be overseen by the FAF, that would focus on making modifications to US GAAP for private companies

Report does not recommend a separate GAAP for private companies or a comprehensive reorganization of GAAP

p. 11-2

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192

Private Company GAAP Mar. 2011 - Financial Accounting Foundation

outlines plans to address Standard Setting for Nonpublic Entities

Formed a Trustee Working Group to address accounting standard setting for nonpublic entities

p. 11-2

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193

International Implications 2008 - AICPA Council approved

International Financial Reporting Standards as recognized GAAP in the US

Another step towards IFRS becoming the official GAAP of the US

An ongoing convergence project between the FASB and the International Accounting Standards Board (IASB) will eliminate most of the differences between US GAAP and International GAAP over the next five years

p. 11-2

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International Implications (cont.)

The SEC Roadmap reflects that the SEC will make a major decision for the issuing entities in the United States

The SEC Roadmap should not be interpreted as a roadmap for non issuers

Ultimately, the convergence for non issuers will be determined by the FASB, the AICPA, and possibly others

p. 11-2

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195

p. 11-3

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International Implications (cont.)

The major question facing the United States is - • If the United States mandates IFRS for publicly

traded companies, will private companies and not-for-profit organizations be required to adopt IFRS?

p. 11-3

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International Implications (cont.)

The simple answer is NO• The discussion of the SEC designating a future

date for voluntary (or mandatory) adoption of IFRS has been for U.S. public companies only

Many privately held companies adopted provisions of the Sarbanes-Oxley Act, such as the formation of independent audit committees

• Many might take similar action regarding IFRS

p. 11-3

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International Implications (cont.)

In December 2009, the AICPA, the Financial Accounting Foundation (FAF) and the National Association of State Boards of Accountancy (NASBA) established of a blue-ribbon panel to address how U.S. accounting standards can best meet the needs of users of private company financial statements

p. 11-3

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International Implications (cont.)

The panel will provide recommendations on the future of standard setting for private companies, including development of separate, standalone accounting standards

A report is expected in the early part of 2011

p. 11-4

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International Implications (cont.)

Why might some private companies in the United States adopt IFRS? Adoption of IFRS by small businesses

and non-profits is likely to be market driven

IASB developed a version of IFRS for small and medium-size entities to minimize complexity and reduce the cost of financial statement preparation, yet allow users to assess financial position, cash flows, and performance

p. 11-4

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International Implications (cont.)

IFRS for Small and Medium Entities (SME) released on July 9, 2009 • See FAQs regarding IFRS for SMEs at the AICPA

site Will IFRS be incorporated into the Uniform

CPA Exam?• Yes, starting in January 2011

p. 11-4

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202

International Audit Convergence

Parallel effort is the AICPA’s Auditing Standards Board convergence project with the International Auditing and Attestation Standards Board (IAASB)

Missing is what might happen to the Public Companies Accounting Oversight Board and its role in the global accounting profession

p. 11-4

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203

International Compilation and Review Convergence

International Standard on Related Services (ISRS) 4410, Engagements to Compile Financial Statements

International Standard on Review Engagements (ISRE) 2400, Engagements to Review Financial Statements• Issued by the International Auditing and

Assurance Standards Board (IAASB) of the International Federation of Accountants (IFAC)

p. 11-4

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International Compilation and Review Convergence (cont.)

The purpose of the ISRS and ISRE is to:• Establish international standards and

provide guidance on the accountant’s professional responsibilities when engaged to compile or review financial statements

• Provide guidance on the form and content of the report the accountant issues for that compilation or review.

p. 11-4

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205

International Compilation and Review Convergence (cont.)

ISRS 4410 and ISRE 2400 can be found in IFAC’s Handbook of International Auditing, Assurance, and Ethics Pronouncements at www.ifac.org

ISRS 4410 and ISRE 2400 do not override SSARS

p. 11-5

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206

International Compilation and Review Convergence (cont.)

Interpretation No. 30 (AR 9100.130.135), Considerations Related to Financial Statements Prepared in Accordance with International Standards• Allows an accountant who performs a

compilation or review of historical financial statements of a U.S. entity to follow the standards of another set of compilation and review standards in addition to the required AR 100 Standards

Additionally, as US GAAP and US GAAS converge with the international standards, the ethics will also change

p. 11-5

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International Ethics

The AICPA and IFAC have begun to converge the IFAC’s Code of Ethics for Professional Accountants and the AICPA’s Code of Professional Conduct

In 1917, the AICPA’s predecessor adopted eight rules of conduct (one sheet of paper)

The rules evolved and were codified in 1973 into the current AICPA’s Code of Professional Conduct

p. 11-5

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International Ethics (cont.)

Almost 100 years – and many sheets of paper – later, the AICPA Code and related guidance is ripe for reorganization

The standard setting organizations in more than 100 countries have adopted the IFAC’s Code of Ethics and many others are in the process of converging with the code

The code will impact those in public practice, business, academia, and government

p. 11-5

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International Ethics (cont.)

The IFAC code uses a conceptual framework approach to evaluate relationships or circumstances that raise ethical issues

The AICPA’s and the IFAC’s codes address similar issues:• Independence• Objectivity• Due care• Confidentiality

p. 11-6

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Who’s in Charge? An ongoing issue for the future will be -

just who is in charge? As organizations, people, and nations

jockey for position in the future accounting world, our profession will see many changes occur • What will become of the FASB?• What about the PCAOB?• What will happen to the AICPA?• How about the SEC?• Will the IRS be impacted?

p. 11-7

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Where in the heck are we going?

211

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212

CPA Horizons 2025The AICPA Project, CPA Horizons 2025, sought the insights on current and future trends that will impact the profession and the world of CPAs by:

• online survey• 16 in-person forums• online discussions and focus groups • More than 5,600 CPAs responded spending a

cumulative 6,000 hours and generating 75,000-plus comments relating to the current state and future of the CPA profession

p. 11-7

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CPA Horizons 2025 (cont.)

Ten key themes emerged that give insight into how the profession is:• Conducting and will conduct business• Serve clients and employers• Attract and retain employees and new

business• Remain competitive in the marketplace

throughout the next 15 years

p. 11-7

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1. Technology

Understand and leverage relevant technology in conjunction with core CPA competencies to deliver superior services

214

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1. Technology (cont.)

IMPACT ON THE PROFESSION CPAs must stay current with, embrace and exploit

technology for increased efficiency and expansion of services

The profession must find solutions to offer investors and stakeholders up-to-date, real-time financial information and to increase transparency

CPAs must embrace mobile technologies and social media to modernize and enhance interaction and collaboration with clients and colleagues

Fraud may be easier to commit and more difficult to prevent and detect

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2. Pre-certification andLifelong Learning

Evolve the educational framework to keep pace with the changing dynamics of business, government and our profession

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2. Pre-certification and Lifelong Learning (cont.)

IMPACT ON THE PROFESSION CPAs must devote time to staying current with

regulations and standards, and social, economic, technological and political trends domestically and abroad

CPAs must further develop interpersonal skills to enhance relationships with colleagues, clients, businesses and employers

Real-time learning in the workplace will change the way CPAs learn and help them adapt quickly and knowledgeably

Requirements for new CPAs must remain rigorous and demanding and be practical and relevant

New CPAs must have a broad knowledge of business and soft skills and not simply focus on technical accounting

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3. Worldwide Profession

Position the CPA as a premier designation of the accounting and finance profession throughout the world

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3. Worldwide Profession (cont.)

IMPACT ON THE PROFESSION CPAs must be increasingly aware of

international business issues and trends CPAs must assess the trend toward

outsourcing overseas and create opportunities to expand services to serve these markets

CPAs must continue to market the quality and value of their services in order to expand and thrive globally

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4. Pride in the Profession

Encourage pride among CPAs in the CPA profession and in the value CPAs create throughout society

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4. Pride in the Profession (cont.)

IMPACT ON THE PROFESSION The profession must continue to advocate

on behalf of itself to ensure continued recognition as a trusted advisor

CPAs must uphold the integrity of the profession and maintain high standards in an ever-changing environment and in cultures where business practices differ from U.S. practices

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5. Trusted Attester

Preserve the role of the CPA as the trusted attester of financial and other information

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5. Trusted Attester (cont.)

IMPACT ON THE PROFESSION The profession must stay vigilant in

defending its unique role as providers of audit and attest services

All CPAs benefit from the public trust rooted in the provision of audit and assurances services

Audit and attest functions must evolve to meet changing regulatory demands and client and business needs

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6. Trusted Advisor

Promote the CPA as the trusted advisor who, in addition to providing core CPA services, develops solutions to complex problems by integrating knowledge, expertise and resources from multiple disciplines

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6. Trusted Advisor (cont.)

IMPACT ON THE PROFESSION CPAs must continue to evolve as strategic

partners of clients, business and employers, applying multidisciplinary and integrated problem solving to expand traditional services and enhance nontraditional offerings and the perception of trusted advisor

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7. Market Permissions

Leverage the strengths of the profession to expand market permissions

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7. Market Permissions (cont.)

IMPACT ON THE PROFESSION Emerging opportunities for specialization

will allow CPAs to strengthen their expertise and provide additional value to clients, employers and business

The profession must continue to evaluate which services it offers locally and globally and how it will deliver these services to adapt to the needs of clients, employers and business

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8. Marketplace

Address continual changes in the marketplace, economy, businesses and regulations

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8. Marketplace (cont.)

IMPACT ON THE PROFESSION The nature of the work that CPAs perform

must evolve to respond to shifts in business, society and technology

Changes will offer opportunities to enhance the value of CPA services, positioning CPAs to be leaders in helping clients and employers

Lifelong learning will take on greater importance as a way for CPAs to stay up-to-date

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9. Value Proposition

Increase the visibility of the profession’s value

proposition by demonstrating the profession’s Core Values in multiple areas of business and society

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9. Value Proposition (cont.)

IMPACT ON THE PROFESSION By listening to and understanding the needs

and challenges of employers and clients, opportunities for CPAs to develop services that align with Core Values will emerge

The profession must spend more time demonstrating their value to clients, businesses and the public about the role and value of the CPA in order thrive amid increased competition and economic pressures

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10. Demographic Shifts

Continue to offer opportunities that enhance the appeal of the profession and be proactive in addressing both U.S. and global demographic shifts

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10. Demographic Shifts (cont.)

IMPACT ON THE PROFESSION The profession must strive to reflect the

demographic shifts of incoming accounting students, clients, business and society

Programs offered to support minorities, women and young CPAs in the workplace must be more widely implemented throughout the profession

Experienced and older CPAs must continue to mentor young CPAs and identify leadership and advancement opportunities that will foster stronger relationships and loyalty

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10. Demographic Shifts (cont.)

In order to attract and retain younger generations, employers must increase flexible work arrangements and work-at-home options

The profession must continue to support and enhance programs that build awareness of the CPA profession to young audiences

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WHAT HAVE WE LEARNED?

It is a small world after all — every business is becoming a global business

The future is here — embracing the future now will ensure viability in the long run

Change is inevitable — technology already is changing the way we work … and the change will continue

Generations are working side by side — Baby Boomers are not retiring and Millennials are bringing a new set of skills and ideals to the workplace

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HOW DO WE DO IT?

• Technology: Address security and privacy concerns; adapt traditional services; utilize state-of-the-art tools to reach out to new markets• Education: Balance judgment with technical skills; teach soft skills; stay ahead of the curve on regulations and standards

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HOW DO WE DO IT? (cont.)

• Globalization: Understand international issues, trends, standards and regulations; identify new markets; explore new job opportunities• Promotion: Market the profession’s virtues of integrity, objectivity and trust to local, national and international audiences

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HOW DO WE DO IT? (cont.)

• Collaboration: Understand the different perceptions and realities of the generations and find ways to bridge the gap and take advantage of the best each can offer• Integration: Review our competencies and align them with new realities; enhance our role as a business advisor

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HOW DO WE DO IT? (cont.)

• Adaptation: Address changes in the marketplace, economy, business and regulations; immerse ourselves in domestic and international trends• Competition: Understand the numerous choices available to clients and employers; market the CPA value

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Welcome to the future!

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Even if you are on the right track, you’ll get run over if you just sit there.

Will Rogers

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Take Away… Remember that for over 100 years the

profession of certified public accountants have been kept at the top of the ethical list for the professions with:• Honesty• Trustworthiness• Integrity• Objectivity

p. 11-7

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The Reason for This is Simple…

Our Professional

ETHICS

p. 11-7

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Yellow Book Interim Revision Effective for engagements and financial

audits beginning December 15, 2011 Expect final issuance by end of 2011 Biggest changes are to independence

standards; will more closely align with AICPA

Other changes include requirements:• Requirements for internal specialists• Requirements to follow AICPA’s general

standardsAppendix I, YB

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Key Changes to Independence Standards

Conceptual framework of “threats and safeguards” and how to document them

Identification of seven threat categories Discussion of nonaudit service prohibitions

and how to evaluate such services How to document management’s ability to

oversee nonaudit services

Appendix I, YB

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Thank you…

for attending today!