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Ethics for Governmental CPAs in Florida 2013 1

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Page 1: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Ethics for Governmental CPAs

in Florida

2013 1

Page 2: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

William Blend, CPA, CFEMoore Stephens Lovelace, P.A.

Winter Park

(407) [email protected]

2

Today’s Discussion Leader is…

Page 3: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

For More Information

FICPA Member Service Center(800) 342-3197 (in Florida) or (850) 224-2727www.ficpa.org/ethics

Ethics Sponsor ID (FBOA): 3461QAS Sponsor ID: 014

DBPR live presentation ID: 4980

3

Page 4: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Schedule

100 Minute

sBreak

100 Minute

s

4

Page 5: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Housekeeping Details

Course evaluations Confirmation of attendance DBPR and BOA course ID numbers Type of credit – Ethics (ETH) Participant request - enter/leave quietly Participant request - cell phones Other matters

5

Page 6: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Chapter 1

Background and Overview

6p. 1-1

Page 7: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Learning Objectives

Explain Florida’s ethics requirement for CPE Define the term “ethics” Describe the origins of ethical behavior Explain how the AICPA’s Code of Professional

Conduct applies to CPAs licensed in Florida Apply the AICPA’s Ethics Decision Tree to

workplace situations Describe an auditor’s ethical responsibilities

under the Government Auditing Standards (Yellow Book)

p. 1-1 7

Page 8: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Why are we here?

861H1-22.001 p. 1-1

Page 9: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Why are we here? (cont.)

473.312 Continuing Education(c) Not less than 5 percent of the total hours required by the board shall be in ethics applicable to the practice of public accounting. This requirement shall be administered by providers approved by the board and shall include a review of the provisions of chapter 455 and this chapter and the related administrative rules.

9p. 1-1

Page 10: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Why are we here? (cont.)

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

10p. 1-1

Page 11: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Why are we here? (cont.)

Florida became the 37th state to establish an ethics requirement

Outlined by Florida Board of Accountancy (see 61H1-33.003)

FICPA’s support is in line with national support

11p. 1-2

Page 12: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Yellow Book CPE Requirements

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

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

12p. 1-2

Page 13: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Which Ethics Policies to Follow?

13p. 1-4

NATIONALYellow Book AICPA Code of

Conduct

STATEFlorida Statutes FL Admin Code

LOCAL

Rules Policies

Policies may contradict. Are you responsible to follow more than one?

Page 14: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Major Course Topics

Relationship of Florida laws and rules to national standards

Florida Statutes, Chapter 455, 473, and FAC 61H1

Issues of competency in public accounting Auditor’s ethical responsibilities – Yellow

Book

14p. 1-4

Page 15: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Major Course Topics (cont.)

The relationships of ethics and independence rules and implications to public accounting

Government auditing standards – independence requirements

Ethical responsibilities to clients other practical considerations

Future implications for CPAs

15p. 1-4

Page 16: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

What are Ethics?

16

The discipline dealing with what is good and bad with moral duty and obligation.

p. 1-5

Page 17: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

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 Award

17p. 1-6

Page 18: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Ethics – Key Definitions

Ethics are: 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

18p. 1-6

Page 19: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Ethics As a System

Key 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?

19p. 1-6

Page 20: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Ethics and Philosophy

Ethics has traditionally been considered a part of philosophy

Philosophy is a study of the principles of any activity

It is a systematic examination of basic concepts such as:o Trutho Existenceo Realityo Causalityo Freedom

20p. 1-6

Page 21: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Ethics and Psychology

Behavioral sciences include: Psychology Sociology Cultural Anthropology

21p. 1-7

Page 22: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

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

22p. 1-7

Page 23: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

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.

23p. 1-8

Page 24: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Responding to a Crisis

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:o Regulatoryo Educationalo Personal

24p. 1-8

Page 25: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Ethics and the CPA Profession

The ethics of our profession begin with the individual

Organizational ethics are guided by individual ethics

CPA reputation has been based on core values for over 100 yearso Honestyo Integrityo Trustworthiness

25p. 1-9

Page 26: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Changes – A Crossroads for the Profession

Increased emphasis on ethics at state and national levels

Changes in our professiono Ownershipo Solicitationo Commissionso Sale of financial productso Competitive bidding

26p. 1-9

Page 27: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Ethics Regulation

Securities and Exchange Commission PCAOB AICPA FICPA IRS State Regulatory bodies Others

27p. 1-9

Page 28: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Discussion Points

Public perception of accountants Ethical decision making Current examples of ethical behavior

28p. 1-10

Page 29: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

AICPA Code of Professional Conduct

.02 These principles 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.

29p. 1-10

Page 30: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

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?

30p. 1-11

Page 31: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

General Questions (cont.)

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?

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

31p. 1-12

Page 32: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Ethics Decision Trees

For Government Also one for Auditors and

Businesses

32p. 1-16

Page 33: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Chapter 2

Ethical Beliefs and Behaviors

in US Businesses and Government Agencies

33

Learning Objectives …

p. 2-1

Page 34: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Learning Objectives

Review the 2011 National Business Ethics Survey

Examine the main points and recommended action steps from Retaliation in the Workplace

Examine the main points and recommended action steps from 2012 Report to the Nations

34p. 2-1

Page 35: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

National Business Ethics Survey

The Ethics Resource Center (ERC) was founded in 1922, and is America’s oldest non profit organization devoted to the advancement of high ethical standards and practices in public and private institutions

2011 National Business Ethics Survey, 7th in the series

ERC polled over 3,000 employees in the business, government and non profit sectors

Longitudinal research study; identifies context for national trends

35p. 2-1

Page 36: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

36

Survey Results

p. 2-2

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esse

d m

iscon

duct

Repor

ted

misc

ondu

ct

Ethica

l cul

ture

stre

ngth

Press

ure

to co

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it vio

latio

ns0%

10%

20%

30%

40%

50%

60%

70%

49%

63%

35%

8%

45%

65%

42%

13% 20092011

Page 37: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Survey Results (cont)

37p. 2-2

Page 38: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Effects from the Recession

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

Historical data shows ethical conduct improves when the economy cools

38p. 2-3

Page 39: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Social Networkers

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 pressure than less active networkers and non-networkers

39p. 2-4

Page 40: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Whistleblowers

40p. 2-4

Page 41: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Forms of Retaliation

41p. 2-5

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

Page 42: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Organizational Ethics -Links for Government

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

42p. 2-9

Page 43: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Report to the Nations

Survey conducted by the Association of Certified Fraud Examiners

Global study based on data from 1,388 fraud cases

2012 Report to the Nations, 7th in the series Longitudinal research study; identifies context

for global trends

43p. 2-9

Page 44: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Survey Results

Impact of Occupational Fraud – organizations lose 5% of revenue annually

Fraud Detection – takes 18 months to be detected

Victims of Fraud – larger impact to smaller businesses, fewer anti-fraud controls, less able to recover losses

Perpetrators of Fraud – higher levels of authority caused greater losses, most are first-time offenders

44p. 2-10

Page 45: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Discussion Points

Retaliation and ethical conduct Whistleblowing

45p. 2-11

Page 46: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Chapter 3

Assurance Provided by Regulation

(Chapter 455)

46

Learning Objectives …

p. 3-1

Page 47: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Learning Objectives

Describe the role of the Florida Board of Accountancy per Chapter 455, FS

Describe the complaint process used by the Florida Board of Accountancy

List reasons that would cause the Florida Board of Accountancy to impose disciplinary actions on a CPA per Chapter 455.227, FS

47p. 3-1

Page 48: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Florida Board of Accountancy

Powers and duties include:

o Authority to issue citationso Conduct disciplinary proceedingso Designate violationso Recover costs

48p. 3-1

(455.01(1), FS)

Page 49: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

The Division of CertifiedPublic Accountants

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

49p. 3-2

Tallahassee, FloridaDepartment of Business and

Professional Regulation Headquarters Gainesville, Florida

Section 20.165(2)(c)(2), Florida Statutes, states that the Division of Certified Public Accounting shall be

located in Gainesville.

Page 50: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Number of Licenses

The division is responsible for the licensing and regulation of over 31,400 Certified Public Accountants (CPAs) and over 5,200 CPA firms

50p. 3-2

29,203 Active CPAs 2,228 Inactive CPAs 5,213 Accounting Firms

Source: DBPR Division of Certified Public Accounting, May 2013

Page 51: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Complaints Received by BOA

51p. 3-2

07-08

08-09

09-10

10-11

11-12

Total received 334 304 301 328 230

Legally sufficient 34 350 235 161 123

Probable cause found

10 69 55 183 35

No probable cause

111 206 172 150 13

Administrative 10 36 24 22 8

Disciplinary action

10 5 48 27 16Source: DBPR Annual Reports

Page 52: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Disciplinary Activity by AICPA

52p. 3-3

2011 2012

Cases opened during period 328 230

Admonished 13 161

Corrective action required 91 244

No violation/ dismissed 50 36

No further action 53 182

Subsequent monitoring completed satisfactorily

29 32

Disciplinary action 10 5

Page 53: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Key Explanations

What is ‘legally sufficient’?o A complaint is legally sufficient is it contains

ultimate facts that show a violation of chapter 455, FS, Chapter 473, F.S. or Chapter 61H1, FAC

What is ‘probable cause’? o If members of the Probable Cause Panel

determine that there is Sufficient Evidence to support the filing of charges against a licensee 

53p. 3-3

Page 54: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Complaint Process

54p. 3-5

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 forlegal sufficiency

Final Order

Page 55: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Disciplinary Actions by the Board

Deny an application for licensure Revoke or suspend a license Impose fine not to exceed $5,000 for each

count Issue a reprimand Place licensee on probation for a period of time

and possible CPE or work under the supervision of another licensee

Restrict scope of practice

55p. 3-9

Page 56: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Grounds for Disciplinary Action

Violation of any provisions of FS 455.227(1) or any other provision of FS 473

Attempting to procure a license to practice public accounting by bribery or fraudulent misrepresentations

Having a CPA license revoked, suspended, denied, or otherwise acted against by the licensing authority of another state, territory, or country

56p. 3-14

Page 57: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Grounds for Disciplinary Action (cont.)

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

57p. 3-15

Page 58: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Grounds for Disciplinary Action (cont.)

Other grounds include:o False or fraudulent advertisingo Committing acts of fraud, negligence,

incompetence, or misconducto Violation of 455 or 473 or FACo Practicing on a revoked, suspended,

inactive or delinquent licenseo Suspension of right to practiceo Any fraudulent act while licensed

58p. 3-15

Page 59: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Stopping Unlicensed Activity

To report unlicensed activity: Call the DBPR unlicensed activity hotline at

(866) 532-1440 Email [email protected] Complete the online form

59p. 3-16

Page 60: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Chapter 4

Assurance Provided by Regulation

(Chapter 473)

60

Learning Objectives …

p. 4-1

Page 61: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Learning Objectives

Define the key terms that characterize public accounting in Florida (473.302, FS)

Explain the basic powers and duties of the Florida Board of Accountancy

Explain the requirements to become a CPA licensed in Florida 473.308, FS)

61p. 4-1

Page 62: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Learning Objectives (cont.)

Explain the requirements for a practice to become licensed in Florida (473.309, FS)

Name changes to a licensed firm that must be reported to the Florida Board of Accountancy (61H1-26.004)

List the CPE requirements necessary to maintain a CPA license in Florida (473.312, FS)

Describe the process of practice mobility in Florida

62p. 4-1

Page 63: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Statutory References

63

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

Page 64: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Practice of Public Accounting

Certified Public Accountant – person holding a license to practice – 473.302(4)

Firm – Any entity engaged in practice of public accounting – 473.302(5)

Practice of or practicing public accountancy or public accounting – 473.302(8)(a)(b)(c)

p. 4-2 64

Page 65: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Powers and Duties of the Board

FS 473 gives the BOA certain powers and duties:

o Feeso Examinationso Licensureo Practice requirementso Continuing educationo Other matters

65p. 4-2

Page 66: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Biennial License Renewalfor Individuals

66p. 4-2

Continuing Education and payment can be completed online at www.MyFloridaLicense.com

Approximately 15,000 renew each fiscal Continuing Professional Education Pay renewal fee of $105

$97 deposited into the Professional Regulation Trust Fund

$5 deposited into the Unlicensed Activity Trust Fund

$3 deposited into the Minority Scholarship Trust Fund

Page 67: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Biennial License Renewalfor Firms

67p. 4-2

Over 5,000 firms renew every two years All Firm licenses expire in odd years Pay the appropriate renewal fee:

$150 for Partnerships, Corporations, and Limited Liability Companies

$50 for a Sole Proprietor and One Owner Corporation

Fund

Continuing Education and payment can be completed online at www.MyFloridaLicense.com

Page 68: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

473.306, Examination

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

o 120 hours with a concentration in accounting and business

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

68p. 4-3

Page 69: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

473.308, Licensure

Requirements for getting a Florida license: 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 Section 473.308(7) waiver Five year experience as CPA

o Under CPA in any state or equivalent as determinedby the BOA

o May waive the additional education requirements

69p. 4-3

Page 70: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Practice Requirements – Partnerships, Corporations, LLCs

May not engage in practice as defined in 473.302(8)(a) unless:

o Form recognized in Florida

o Partners/ shareholders /members owning 51% must be CPA in some state

o Partner/ shareholder/ member domiciled in Florida must be Florida CPA with active license

o One partner/ shareholder/ member must be Florida CPA with active license

70p. 4-6

(473.309, FS)

Page 71: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Licensure of Legal andOther Entities

Sole proprietor, partnership, corporation, limited liability company, or any other legal entity seeking to engage in the practice of public accounting, as defined in s.473.302(8)(a)

o Must file application for licensure with DBPR and supply the required information

o Application must be made upon the affidavit of a sole proprietor, general partner, shareholder, or CPA member

71p. 4-7

(473.3101(1), FS)

Page 72: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

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)

72p. 4-8

(473.311, FS)

Page 73: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Informing DBPR of Address Changes

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

All Florida CPAs must notify the BOA within 30 days of any changes to the ‘address of record’ and any change from their original licensure application

Notification online at the Division’s site is considered “in writing”

73p. 4-9

(61H1-26.005, FAC)

Page 74: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Informing DBPR of Changes

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

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

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

74p. 4-9

(61H1-26.004, FAC)

Page 75: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Informing DBPR of Changes (cont.)

o Having the right to practice by the SEC, IRS, others acted against, including denial of licensure

o Any other matters showing a lack of good moral character

o The retirement or death of a co-partner, shareholder or member in any Florida office

o A change in the name or termination of the entityo When the firm or any existing co-partner,

shareholder or member has been the recipient of a conviction or finding of guilt of a crime in any civil lawsuit

75p. 4-9

(61H1-26.004, FAC)

Page 76: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

Communicating with DBPR

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

Do check your license periodicallyo www.myfloridalicense.como Choose Renew a License and follow the promptso To log in initially, use your license number and

last four digits of your SSN REMEMBER – you are personally responsible

for keeping your license information up to date!

76p. 4-10

Page 77: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

CPE - Government 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

Retain documentation in case of CPE audit77p. 4-10

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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

78p. 4-11

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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

79p. 4-11

(473.313 FS)

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Reactivation

(61H1-33.006)

Complete forms

o DBPR 0010-2, Master Individual Applicationo DBPR CPA 5011-1, Request for Change of Status

Required CPE hours

o one reporting period (120 hours)o two reporting periods (200 hours)o three-plus reporting periods (280 hours)

80p. 4-11

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Mobility

(473.3141 FS)

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.

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

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

81p. 4-13

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Mobility (cont.)

82

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Mobility (cont.)

(473.3141 FS)

83p. 4-13

2007 - only 4 states had passed mobility provisions

By 2013, 49 states have enacted mobility statutes. Guam, Hawaii, Puerto Rico, and US Virgin Islands are “in process”. 

Substantial Equivalency – 3 Issueso Educationo Experienceo Enforcement

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Temporary License

(473.314 FS)

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

84p. 4-13

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CPAs Licensed in Other States

(473.314 FS)

Non-Florida CPAs may provide public accounting services in Florida without: o obtaining a license o notifying or registering o paying a fee

The individual must hold a valid CPA license from a state that is “substantially equivalent”

85p. 4-14

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CPAs Licensed in Other States (cont.)

(473.314 FS)

An individual who qualifies to practice may offer or provide services in person, by mail, by telephone, or by electronic means, and a notice, fee, or other submission is not required

Non-Florida CPAs and their firm will consent:o To the personal and subject matter jurisdiction

and disciplinary authority of the board; o To comply with this chapter and the applicable

board rules

86p. 4-14

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CPAs Licensed in Other States (cont.)

(473.314 FS)

o Practice only with a valid (non-Florida) license o To the appointment of the state board that issued

the individual's license for any action or proceeding against the individual or firm

An individual who qualifies to practice under this section may perform the services identified in s. 473.302(8)(a) only through a firm that has obtained a license issued under s. 473.3101 or is authorized by s. 473.3101 to provide such services.

87p. 4-14

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2012 “Accountancy Bill” 5 Key Changes

1. 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)

2. 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

3. 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

88p. 4-15

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2012 “Accountancy Bill” 5 Key Changes (cont.)

4. 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

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

89p. 4-15

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Chapter 5

Ethics of Integrity, Objectivity,Commissions, Contingencies

and CommunicationsFAC 61H1

90

Learning Objectives …

p. 5-1

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Learning Objectives

Define the term “Objectivity” as it relates to the practice of public accounting

Define the term “Integrity” as it relates to the practice of public accounting

Describe the concept of “materiality” as defined by FASB No. 2, Qualitative Characteristics of Accounting Information

Describe the situations when commissions or referral fees are allowed per Florida rule 61H1-21.003

Explain Florida’s rule 61H1-21.006 for communicating with another client 91p. 5-1

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Learning Objectives (cont.)

Explain Florida’s rule 61H1-21.006 for communicating with another client

Define Objectivity and Integrity as well as ethical responsibilities under Government Auditing Standards

Explain guidance regarding “gifts” at the federal and state levels

92p. 5-1

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Comparison of Florida Rules to National Standards

FAC 61H1-21.002 Integrity and ObjectivityIn the Florida Administrative Code, a CPA shall not:

o Knowingly misrepresent factso Subordinate their judgment to:

• Clients• Employers• Other third parties

Florida standards have their basis in the AICPA’s standards - Section 102, Integrity and Objectivity of the AICPA Code of Professional Conduct

93p. 5-1

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Definition of Integrityand Objectivity

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

94p. 5-2

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Definition of Integrity

“Integrity can accommodate the inadvertent error and the honest difference of opinion; it cannot accommodate deceit or subordination of principle.”

Source: AICPA ET 54, Article III, Integrity, .02

Or, in other words …

“Doing the right thing when no one is looking.”

95p. 5-2

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Integrity & Objectivity

In the performance of any professional service, a member shall maintain objectivity and integrity, shall be free of conflicts of interest, and shall not knowingly misrepresent facts or subordinate his or her judgment to others.

96p. 5-2

(AICPA ET §102.01 Section 102)

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Section 102 Integrity & Objectivity

AICPA ET 102.01 Rule 102 Actions deemed violations:

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

o Fail to correct materially…misleading documents or records

o Signing, permitting to sign or directing to sign materially…false information

97p. 5-3

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Conflicts of Interest

A conflict of interest may occur if a member performs a professional service for a client or employer and the member or his or her firm has a relationship with another person, entity, product, or service that could, in the member's professional judgment, be viewed by the client, employer, or other appropriate parties as impairing the member's objectivity.

98p. 5-3

(AICPA ET §102.01 Section 102)

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Conflicts of InterestAICPA Examples

Performing litigation services for a plaintiff with a lawsuit filed against a client of the member's firm

Providing tax or personal financial planning services for a married couple who are undergoing a divorce, and both parties asked the member for professional services

Suggesting that a client invest in a business in which he or she has a financial interest

Providing tax or PFP services for several members of a family who may have opposing interests

99p. 5-3

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Conflicts of InterestAICPA Examples (cont.)

Serving on a government’s board of tax appeals, which considers matters involving several of the member's tax clients

Referring a PFP or tax client to an insurance broker or other service provider, which refers clients to the member under an exclusive arrangement to do so

Recommending a client to a service bureau in which the member or partner(s) in the firm hold material financial interest

100p. 5-3

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Definition of Materiality

Materiality – What is it?

“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.”

101

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

Qualitative Characteristics of Accounting Information

p. 5-5

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Materiality

Materiality has been defined in FASB, AICPA, SEC, and PCAOB documents …

So, if the definitions are everywhere,

what’s the problem?

102p. 5-5

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Materiality (cont.)

The problem is, there is…

o No authoritative formulation of materiality in the law or accounting literature.

o May be quite small numericallyo Must be considered quantitatively and

qualitatively

103p. 5-5

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104p. 5-4

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

GAS Materiality

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Member Obligations toExternal Accountant

Rule 102-3 indicates that a member must, “…maintain objectivity and integrity in the performance of a professional service. In dealing with his or her employer's external accountant, a member must be candid and not knowingly misrepresent facts or knowingly fail to disclose material facts. This would include, for example, responding to specific inquiries for which his or her employer's external accountant requests written representation.”

105p. 5-5

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Impairment of Objectivity or Integrity

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

What about gifts???o Nature of gifto Occasiono Costo Other matters

106p. 5-5

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Ethical Responsibilities under GAS

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

resources, and position

107p. 5-6

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Gifts at the Federal Level

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 C for ethics principles

108

(5 C.F.R. § 2635.202-204)

p. 5-5

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Gifts at the State Level

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 See Appendix F for 112, FS

109

(Florida Statutes 112.3148)

p. 5-8

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Commissions or Referral Fees

Prohibits commissions or referral fees with:o Auditso Reviewso Compilationso Prospective financial datao Services resulting in an expression of

opinion

110

(FAC Section 61H1-21.003)

p. 5-10

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Commissions or Referral Fees (cont.)

CPA must have signed engagement letter with details of financial arrangements

CPA must hold appropriate licenses Engagement letter must disclose if not

independent (other than commission or contingent fee)

111

(FAC Section 61H1-21.003)

p. 5-10

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Contingent Fees

Not on services for which commissions or referral fees could not be accepted

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

Some exceptions

112

(FAC 61H1 – 21.005)

p. 5-12

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Communication with Client of Another Licensee

If a client of one CPA or firm requests a second CPA or firm to provide professional advice on accounting or auditing matters in connection with an expression of opinion, the second CPA or firm must consult with the first CPA or firm, after obtaining the client's consent, to make certain that the (second CPA or firm) is aware of all the relevant facts.

113

(FAC 61H1 – 21.006)

p. 5-13

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Chapter 6

Competency and Related Issues

114

Learning Objectives …

p. 6-1

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Learning Objectives

Describe the four general standards of competence(61H1-22.001)

Apply standards of documentation to the performance of audits, reviews, and compilations

Describe the purpose of the Clarity Project Review new amendments to the Code of

Professional Conduct ethics interpretations and rulings

115p. 6-1

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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

116p. 6-1

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Competence

The AICPA deals with the issue of Competence in its General Standards, AICPA ET Section 201

The Florida Rules are found in 61H1-22.001, Competence (General Standards)

Both sets of standards are closely aligned

117

(61H1 – 22.0001)

p. 6-1

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Professional Competence

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

118p. 6-2

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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”

119p. 6-2

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Planning and Supervision

“A licensee shall adequately plan and supervise an engagement.”

120p. 6-2

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Sufficient Relevant Data

Obtain sufficient relevant data to afford a reasonable basis for a conclusion or recommendations in relation to any professional services performed

121p. 6-2

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Interpretations Under Rule 201

Competence to perform professional services involves:o The technical qualifications of the member and the

member's staffo Ability to supervise and evaluate the quality of the

work performed

122p. 6-2

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Interpretations Under Rule 201 (cont.)

Competence relates to:o Knowledge of the profession's standards,

techniques and the technical subject matter involved

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

123p. 6-3

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Hindsight

124

How we may be judged

p. 6-4

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Hindsight Judgment

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

125p. 6-4

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Hindsight Protection

Documentation

Documentation

Documentation

Documentation

Documentation

126p. 6-4

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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

127p. 6-5

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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 , and in a way that is industry specific and timely.

128p. 6-5

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Clarity Standards

AICPA reached significant milestone in Clarity Project with release of SASs 122-124.

SAS No. 122 contains a Preface and 39 clarified SASs, effective for periods ending after December 15, 2012

These are effective for audits for periods ending on or after December 15, 2012.

129p. 6-6

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Clarity Standards Bring New Auditor’s Report

New report headings Expanded communications about management’s

responsibilities Expanded communications about auditor’s

responsibilities Effective for periods ending on or after December

15, 2012

130p. 6-7

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Risk Assessment Standards

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

p. 6-7 131

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Compilation and Review Documentation

The disclosure requirements for compilation and review engagements are generally the same as audits

SSARS 19 requires additional documentation for compilations and review in the area of “engagement letters” for periods beginning after December 15, 2010

SSARS 19 allows the reason(s) for the lack of independence in a compilation engagement

Other new requirements are in SSARS 19

132p. 6-7

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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. 6-7 133

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GAS– General Standards

Independenceo free from personal, external, & organizational

impairments Professional Competence

o Professional skepticism, diligence Judgment

o Engagement staff must collectively possess adequate professional competence

p. 6-7 134

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Most Frequent Violations of Professional Standards

The most common areas with deficiencies were: Single audit Auditor’s reporting Audit procedures Financial statement deficiencies See Appendix B for the report

p. 6-8 135

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New Ethics Guidance from the AICPA

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

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

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

requires it

136p. 6-9

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New Ethics Guidance from the AICPA (cont.)

Disclose prior employer confidential information [ET Sections 92.05, 391.2, 501.9]o Limits member’s disclosure about prior employers

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

137p. 6-9

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New Ethics Guidance from the AICPA (cont.)

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

Explains when members may withhold records prepared for clients [Interp. 501-1]o 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]o CPAs should not use misleading firm names

138p. 6-9

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Chapter 7

Ethics and Independence

139

Learning Objectives …

p. 7-1

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Learning Objectives

Compare the similarities and differences between Florida and national rules for Independence

Compare independence standards between the Florida Board of Accountancy, AICPA, SEC, and Government Accountability Office

Define the key terms per AICPA’s Professional StandardsET 92.04 

140p. 7-1

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Learning Objectives (cont.)

Identify the types of individuals who many impair the independence of an engagement team

Distinguish when independence is or is not impaired when providing non-attest services to attest clients per AICPA Interpretation 101-3

141p. 7-1

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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

142p. 7-1

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Key Terms

Covered membero Single Officeo Multi Office

Services performedo Attest serviceso Nonattest services

Client Relationships

143p. 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

144p. 7-3

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Services Performed – An Attest Engagement?

An engagement that requires independence (ET 92.01)

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

145p. 7-3

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473.315 IndependenceTechnical Standards

No opinions unless independent

BOA will adopt rules on independence

146p. 7-3

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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 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

147p. 7-4

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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

148p. 7-5

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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

149p. 7-5

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Code of Professional Conduct (cont.)

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?

150p. 7-5

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Basic Engagements

Five basic engagements require independence:

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

151p. 7-6

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Basic Engagements (cont.)

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

152p. 7-6

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Engagements

AR 60.05 A compilation is a service, the objective of which is to assist management in presenting financial information in the form of financial statements without undertaking to obtain or provide any assurance that there are no material modifications that should be made to the financial statements in order for the statements to be in conformity with the applicable financial reporting framework. Although a compilation is not an assurance engagement, it is an attest engagement.

153p. 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.”

154p. 7-6

(FAC 61H1-20.003)

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Independence of Internal Auditors

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

155p. 7-7

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Independence Changes in Compilation & 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

156p. 7-8

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SSARS 20

“Revised Applicability of Statements on Standards for Accounting and Review Services”

SSARS do not apply when SAS 100, SAS 116, and SAS 121 apply.

157p. 7-9

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Chapter 8

Independence: Non-attest, Non-audit Services

158

Learning Objectives …

p. 8-1

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Learning Objectives

Describe the implications of the AICPA’s Interpretation101-3 for nonattest services for attest clients

Describe the independence provisions of Government Auditing Standards (Yellow Book) relating to nonaudit services for audit clients

159p. 8-1

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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 D

160p. 8-1

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Performing Nonattest Services Independence Rules of AICPA

161p. 8-2

Under Interpretation 101-3 the independence rules may come from several authoritative bodies.o FL BOAo AICPAo SECo GAOo Department of Labor

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Nonattest Services for a Client

162p. 8-2

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

client is necessaryo The requirements of 101-3 are still being

revised

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Nonattest Services for a Client (cont.)

163p. 8-2

Clients must agree to do certain things:o Make all management decisionso Designate an employeeo Evaluate adequacy and resultso Accept responsibilitieso Establish and maintain controls

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Nonattest Services for a Client (cont.)

164p. 8-3

Member must establish and document in writing his/her understanding with the client:o Engagement objectiveso Serviceso Client’s acceptanceo Member’s responsibilitieso Any limitations

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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

165p. 8-3

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Professional Ethics Quiz

166

…do you know the answer?

p. 8-4

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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.

167p. 8-8

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Prohibited NonauditService Categories

Bookkeeping and preparing accounting records

Preparing financial statements Internal audit services Internal control and monitoring and

assessments Information technology systems

services Valuation services

168p. 8-8

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Differences Between theAICPA and GAS

Differences between the AICPA Code of Professional Conduct and Government Auditing Standards include:o Post-impairment period o GAO standards – “structural threat”o Subject external consultants and specialists

to both independence standards and the assessment of independence

o Contain guidance on documentation necessary to support adequate consideration of auditor independence

169p. 8-9

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Chapter 9

Privileged Confidentiality, Communication, and Other

Considerations61H1-23 FAC

170

Learning Objectives …

p. 9-1

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Learning Objectives

Describe “privileged communication” between a CPA and client under Florida statutes and rules

Describe the disposition of client records per national and Florida rules

Define the term “client record” (AICPA 501-1) Describe the implications to the CPA of verifying a

“comfort letter”

171p. 9-1

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Learning Objectives (cont.)

Describe what is permissible in regards to advertising and solicitations of clients per national and Florida rules

Describe the various forms of practice available to a licensee (61H1-26.001)

Explain how a practice can be named and share office space (61H1-26.001)

172p. 9-1

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Communications between the Accountant and Client

(473.316, FS)

(1)(c) A communication between an accountant and client is “confidential” if it is not intended to be disclosed to third persons …

(1)(d) A “quality review” is a study, appraisal, or review … conducted by a professional organization for the purpose of evaluating quality assurance required by professional standards, including a quality assurance or peer review

173p. 9-1

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Communications between the Accountant and Client

(cont.)

(2) A client has a privilege to refuse to disclose, and to prevent any other person from disclosing, the contents of confidential communications with an accountant … This privilege includes other confidential information obtained by the accountant from the client for the purpose of rendering accounting advice.

(3) The privilege may be claimed by … the client, guardian, personal representative, representative of an organization/ corporation/ association, or the accountant, but only on behalf of the client.

174p. 9-1

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Communications between the Accountant and Client

(cont.)

(4) There is no accountant-client privilege under this section when:

(a) The services were sought or obtained to commit a crime or fraud.(b) A communication is relevant to an issue of breach of duty by the accountant to their client or by the client to their accountant.(c) A communication is relevant to a matter of common interest between two or more clients

(5) Communications are not privileged from disclosure in any disciplinary investigation or proceeding

175p. 9-2

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Communications between the Accountant and Client

(cont.)

(6) The proceedings, records, and workpapers of a review committee are privileged and are not subject to … legal process or to introduction into evidence in a civil action or arbitration, administrative proceeding, or state accountancy board proceeding. A member of a review committee or person who was involved in a quality review may not testify … Public records and materials prepared for a particular engagement are not privileged merely because they were presented during the quality review.

176p. 9-2

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The FAC and Responsibilities

FAC 61H1-23

Two responsibilities: Confidential client information Records disposition responsibility

177p. 9-3

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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

178p. 9-3

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Confidential Client Information (cont.)

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

179p. 9-3

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Records Disposition Responsibility

(1) A certified public accountant shall furnish to a client or former client within a reasonable time after request of the document the following if they are in the certified public accountant's possession or control at the time of the request. Any accounting or other records belonging to the client which the certified public accountant may have had occasion to remove from client's premises, or to receive for the client's account, including records prepared as part of the service to the client which would be needed to reconcile to the financial statements or tax return prepared and issued by the certified public accountant.

180p. 9-4

(61H1-23.002)

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Records Disposition Responsibility (cont.)

(2) This rule shall not preclude a licensee from

making reasonable charges for costs incurred. A certified public accountant shall not withhold those items contemplated above under any circumstances following a demand for same from the client.

(3) Provisions of this rule apply to Licensed Audit Firms and to all certified public accountants practicing public accounting.

181p. 9-4

(61H1-23.002)

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Records Disposition Responsibility (cont.)

If the tax return or financial statement has not been issued, the CPA must only return records received from the client, but this shall not preclude the licensee from making copies of such documents when same form the basis of work done by the CPA.

182p. 9-4

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Revisions to Rule 501-1

The revised interpretation: Defines key terms Makes interpretations of how to respond to client

requests.

183p. 9-5

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Verification Documents

Requests from banks, financial institutions, and mortgage companies to verify financial information for a client

The risk in responding is significant How should CPAs respond to these requests?

184p. 9-7

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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)

185p. 9-12

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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

186p. 9-13

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Solicitation

Licensee may reply to requests for proposals

Must adhere to rules for advertising, both oral and written

187p. 9-14

(61H1-24.002)

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Responsibility for Other Persons

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

This includes situations for compensation and not for compensation

188p. 9-15

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Administrative and Office Considerations

Names, terms, 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

189p. 9-15

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AICPA Rulings and Interpretations on Ethics

190p. 9-17

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Chapter 10

Code of Ethics for Public Officers and Employees (s. 112

F.S.)

191

Learning Objectives …

p. 10-1

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Learning Objectives

Review definitions regarding applicability Review standards of conduct Review restrictions on employment of

relatives Review voting conflicts Review penalties

192p. 10-1

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Key Definitions

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

193p. 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

194p. 10-3

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Chapter 11

Future Implications

195

Learning Objectives …

p. 11-1

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Learning Objectives

Name several changes to the accounting profession that could occur within the next 10 years

Highlight several major differences between the IFAC and AICPA ethics codes of conduct

Discuss aspects of the CPA Horizons 2025 Project

196p. 11-1

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The Future

To prophesy is extremely difficult … especially with regard to the future

Chinese Proverb

197p. 11-1

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Our Future

Where is the CPA profession going?

198p. 11-1

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Our Future (cont.)

Changes previously talked about have happened:

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

XBRL – bar coding of financial statements

Accounting Standards Codification

Mobility

199p. 11-1

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Comparison of IFAC and AICPA Ethics Standards

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

200p. 11-1

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International Ethics

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; many others are in the process of converging with the code

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

201p. 11-2

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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:

o Independenceo Objectivityo Due careo Confidentiality

202p. 11-2

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CPA Horizons 2025 Report

The AICPA Project, CPA Horizons 2025, sought the insights of 5,600 CPAs on current and future trends that will impact the profession and the world of CPAs.

10 key themes emerged that give insight into the profession:

o Conducting and will conduct businesso Serve clients and employerso Attract and retain employees and new businesso Remain competitive in the marketplace for the next

15 years

203p. 11-5

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Theme 1. Technology

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

204p. 11-5

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Theme 1. Technology (cont.)

IMPACT ON THE PROFESSION Stay current with, embrace and exploit

technology for increased efficiency and expansion of services

Find solutions to offer investors and stakeholders up-to-date, real-time financial information and to increase transparency

Embrace mobile technologies and social media Fraud may be easier to commit and more

difficult to prevent and detect

205p. 11-5

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Theme 2. Pre-certification and Lifelong Learning

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

206p. 11-6

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

IMPACT ON THE PROFESSION Devote time to staying current with regulations

and standards, and worldwide trends Further develop interpersonal skills to enhance

relationships Embrace real-time learning in the workplace to

learn and 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

207p. 11-6

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Theme 3. Worldwide Profession

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

208p. 11-6

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Theme 3. Worldwide Profession (cont.)

IMPACT ON THE PROFESSION Be increasingly aware of international business

issues and trends Assess the trend toward outsourcing overseas

and create opportunities to expand services to serve these markets

Continue to market the quality and value of their services to expand and thrive globally

209p. 11-6

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Theme 4. Pride in the Profession

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

210p. 11-6

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Theme 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

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

211p. 11-6

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Theme 5. Trusted Attester

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

212p. 11-6

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Theme 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

213p. 11-6

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Theme 5. Trusted Advisor

Promote the CPA as the trusted advisor who provides core CPA services and develops solutions to complex business problems

214p. 11-6

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Theme 6. Trusted Advisor (cont.)

IMPACT ON THE PROFESSION 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

215p. 11-7

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Theme 7. Market Permissions

Leverage the strengths of the profession to expand market permissions

216p. 11-7

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Theme 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

Continue to evaluate which services are offered locally and globally and how to deliver these services to adapt to the needs of clients, employers and business

217p. 11-7

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Theme 8. Marketplace

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

218p. 11-7

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Theme 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

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

219p. 11-7

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Theme 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

220p. 11-7

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Theme 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

221p. 11-7

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Theme 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

222p. 11-8

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Theme 10. Demographic Shifts (cont.)

IMPACT ON THE PROFESSION 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

Experienced and older CPAs must continue to mentor young CPAs and identify leadership and advancement opportunities

223p. 11-8

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10. Demographic Shifts (cont.)

Increase flexible work arrangements and work-at-home options

Continue to support and enhance programs that build awareness of the CPA profession to young audiences

224p. 11-8

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EMBRACING THE FUTURE

225p. 11-17

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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

226p. 11-8

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What Must We Do?

Be open to change — embrace, don’t fear, the future

Be nimble — adapt traditional services and establish new ones to take advantage of change

Be collaborative — work with each other and with the global community to shape and execute the standards and services that will emerge over the next decade

Be forward-thinking — assess and evaluate the current and future environments and plan accordingly

227p. 11-8

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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

Globalization: Understand international issues, trends, standards and regulations; identify new markets; explore new job opportunities

228p. 11-8

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How Do We Do It? (cont.)

Promotion: Market the profession’s virtues of integrity, objectivity and trust to local, national and international audiences

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

229p. 11-8

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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

230p. 11-9

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Welcome to the future!

p. 11-9 231

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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:

o Honesty

o Trustworthiness

o Integrity

o Objectivity

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Page 233: 2013 1. Winter Park (407) 740-5400 wblend@mslcpa.com 2 Today’s Discussion Leader is…

The Reason for this is Simple …

Our professional ethics

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Thank You for your attention today …!

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