AICPA Code of Professional Conduct

Last updated

The AICPA Code of Professional Conduct is a collection of codified statements issued by the American Institute of Certified Public Accountants that outline a CPA's ethical and professional responsibilities. [1] The code establishes standards for auditor independence, integrity and objectivity, responsibilities to clients and colleagues and acts discreditable to the accounting profession. The AICPA is responsible for drafting, revising and reissuing the code annually, on June 1. The current Code is available at the AICPA Web site. For older versions of the Code, see the links below.

Contents

History

Joseph Edmund Sterrett outlined the debate and issues in setting up a Code of Professional Conduct in his address to the annual meeting of the American Association of Public Accountants in 1907 [2] The earliest "official" version of the code of professional conduct among American accountants was issued by the American Institute of Accountants on April 9, 1917. [3] [4]

Notable sections

Section 51 - Preamble

The opening principle of the code is that membership, and therefore adherence, to the code is voluntary. This means that an accountant is never under a legal responsibility to adhere to the code, and can renounce the code and membership in the AICPA at any time.

Section 101 - Independence

Section 101 sets forth the various requirements to establish auditor independence and conditions that nullify it. Knowingly allowing a member who is not independent to continue to work on an engagement can result in disciplinary action from the AICPA, including possible revocation of the members status as a CPA. Generally, the following actions will impair auditor independence:

Auditor independence is impaired if a member on the engagement team has a direct or material indirect financial interest in the client. Member's on the engagement team are not allowed to be on the board of trustees of a trust that owns, or has committed to owning more than 10% of the client's equity. A member or any of their immediate family are not allowed to own more than 5% of the clients equity. For the period being audited, the auditor is not allowed to operate as an officer, director, manager, promoter, underwriter or voting trustee for the client. If a member leaves the auditing firm and is employed by the client, the entire firms independence is deemed to be impaired. If an audit member is made a job offer by the client and does not immediately report and remove themselves from the engagement, their independence is impaired. However, if the member does report the job offer and rejects it, and is no longer being considered for a position with the client, then their independence is not impaired.

When the auditing member has a previous employment relationship with the client, barring certain exceptions, the auditor is required to liquidate any employee welfare programs that they have vested benefits in and collect or pay any loans outstanding to the client. The immediate family of the auditor is considered part of the test for impairment of independence. The exception to this is that the immediate family members of auditors are allowed to work for the client in non-management roles. If the auditor provides non-attest services such as tax support or consulting, they are required to adhere to the independence requirements of other regulatory bodies that govern those services. Failure to do so will impair their independence for their audit engagement as well.

List of AICPA Code of Conduct and by-laws sections from AICPA Professional standards, 1974-2007

No.DateOfficial title
1974September 1AICPA Professional Standards: Ethics, Bylaws, as of September 1, 1974 full-text
1975September 1AICPA Professional Standards: Ethics, Bylaws, as of September 1, 1975 full-text
1976July 1AICPA Professional Standards: Ethics, Bylaws, as of July 1, 1976 full-text
1977July 1AICPA Professional Standards: Ethics, Bylaws, as of July 1, 1977 full-text
1978July 1AICPA Professional Standards: Ethics, Bylaws, Quality control, as of July 1, 1978 full-text
1979July 1AICPA Professional Standards: Ethics, Bylaws, Quality control, as of July 1, 1979 full-text
1980June 1AICPA Professional Standards: Ethics, Bylaws, Quality control, as of June 1, 1980 full-text
1981June 1AICPA Professional Standards: Ethics, Bylaws, Quality control, as of June 1, 1981 full-text
1982June 1AICPA Professional Standards: Ethics, Bylaws, as of June 1, 1982 full-text
1983June 1AICPA Professional Standards: Ethics, Bylaws, as of June 1, 1983 full-text
1984June 1AICPA Professional Standards: Ethics, Bylaws, as of June 1, 1984 full-text
1985June 1AICPA Professional Standards: Ethics, Bylaws, as of June 1, 1985 full-text
1986June 1AICPA Professional Standards: Ethics, Bylaws, as of June 1, 1986 full-text
1987June 1AICPA Professional Standards: Ethics, Bylaws, as of June 1, 1987 full-text
1988June 1AICPA Professional Standards: Code of conduct, Bylaws, as of June 1, 1988 full-text
1989October 1AICPA Professional standards: Code of conduct, Bylaws, as of October 1, 1989 full-text
1990June 1AICPA professional standards: Code of conduct, Bylaws, as of June 1, 1990 full-text
1991June 1AICPA Professional Standards: Code of Conduct, Bylaws, as of June 1, 1991 full-text
1992June 1AICPA professional standards: Code of professional conduct and Bylaws as of June 1, 1992 full-text
1993June 1AICPA professional standards: Code of professional conduct and bylaws as of June 1, 1993 full-text
1994June 1AICPA professional standards: Code of professional conduct and bylaws as of June 1, 1994 full-text
1995June 1AICPA professional standards: Code of professional conduct and bylaws as of June 1, 1995 full-text
1996June 1AICPA professional standards: Code of professional conduct and bylaws as of June 1, 1996 full-text
1997June 1AICPA professional standards: Code of professional conduct as of June 1, 1997 full-text
1997June 1AICPA professional standards: Bylaws as of June 1, 1997
1998June 1AICPA professional standards: Code of professional conduct as of June 1, 1998 full-text
1998June 1AICPA professional standards: Bylaws as of June 1, 1998
1999April 1AICPA professional standards: Code of professional conduct and bylaws as of April 1, 1999 full-text
2000June 1AICPA professional standards: Code of professional conduct and bylaws as of June 1, 2000 full-text
2001June 1AICPA professional standards: Code of professional conduct and bylaws as of June 1, 2001 full-text
2002June 1AICPA professional standards: Code of professional conduct and bylaws as of June 1, 2002 full-text
2003June 1AICPA professional standards: Code of professional conduct and bylaws as of June 1, 2003 full-text
2004June 1AICPA professional standards: Code of professional conduct and bylaws as of June 1, 2004 full-text
2005June 1AICPA professional standards: Code of professional conduct and bylaws as of June 1, 2005 full-text
2006June 1AICPA professional standards: Code of professional conduct and bylaws as of June 1, 2006 full-text
2007June 1AICPA professional standards: Code of professional conduct and bylaws as of June 1, 2007 full-text

List of AICPA Code of Conduct and By-Laws Sections published as pamphlets, 1917-1997

YearDateOfficial title
1917April 9Rules of professional conduct : prepared by the Committee on Professional Ethics and approved by the Council April 9, 1917 full-text
1919September 30Rules of professional conduct : including amendments and additions prepared by the Committee on Professional Ethics and approved by the Council prior to September 30, 1919 full-text
1927By-laws and rules of professional conduct as amended September, 1927 full-text
1930-1931By-laws and rules of professional conduct, 1930-1931 full-text
1931-1932By-laws and rules of professional conduct, 1931-1932 full-text
1936By-laws and rules of professional conduct as amended to December 1, 1936 full-text
1937-1938By-laws and rules of professional conduct, 1937-1938 full-text
1938-1939By-laws and rules of professional conduct, 1938-1939 full-text
1940By-laws and Rules of professional conduct, 1940 full-text
1941By-laws and Rules of professional conduct, 1941 (as revised January 6, 1941) full-text
1942By-laws and rules of professional conduct, 1942 full-text
1943By-laws and rules of professional conduct, 1943 full-text
1944By-laws and rules of professional conduct 1944 full-text
1945By-laws and rules of professional conduct 1945 full-text
1946By-laws and rules of professional conduct 1946 full-text
1948By-laws and rules of professional conduct 1948 full-text
1949-1950By-laws, rules of professional conduct 1949-1950 full-text
1950December 18By-laws, Rules of professional conduct, as amended by vote of the membership December 19, 1950 full-text
1952By-laws,Rules of professional conduct 1952 full-text
1954January 4By-laws, Rules of professional conduct 1954 full-text
1956January 9By-laws, Rules of professional conduct 1956 full-text
1958By-laws; Rules of professional conduct; Numbered opinions of the committee on professional ethics full-text
1959By-laws, Rules of professional conduct, Numbered opinions of the Committee on Professional Ethics, 1959 full-text
1960February 2By-laws, Rules of professional conduct, Numbered opinions of the Committee on Professional Ethics, 1960 full-text
1961By-laws, Rules of professional conduct, Numbered opinions of the Committee on Professional Ethics, Objectives of the Institute adopted by Council, 1961 full-text
1964By-laws; Code of professional ethics; Numbered opinions of the Committee on Professional Ethics; Objectives of the Institute adopted by Council full-text
1965By-laws; Code of professional ethics; Numbered opinions of the Committee on Professional Ethics; Objectives of the Institute adopted by Council full-text
1965Code of professional ethics & numbered opinions 1965 full-text
1967March 20Code of professional ethics as amended March 4, 1965; By-laws as amended March 20, 1967; Numbered opinions of the Committee on Professional Ethics; Objectives of the Institute adopted by Council; Description of the Professional Practice of Certified Public Accountants full-text
1969December 30Code of professional ethics as amended December 30, 1969, and interpretative opinions full-text
1969By-laws as amended February 20, 1969 full-text
1970Summaries of ethics rulings
1972Restatement of the code of professional conduct;Concepts of professional ethics; Rules of conduct; Interpretations of rules of conduct full-text
1973March 1Code of professional ethics, Effective March 1, 1973; Concepts of professional ethics; Rules of conduct; Interpretations of rules of conduct full-text
1974MarchCode of professional ethics, Effective March 1, 1973; March 1974 edition;Concepts of professional ethics; Rules of Professional ethics; Interpretations of rules of conduct full-text
1974February 1Bylaws as amended February 1, 1974; Implementing resolutions of Council; Objectives of the Institute; Description of the professional practice of certified public accountants full-text
1975MarchCode of professional ethics, Effective March 1, 1973, March 1975 edition;Concepts of professional ethics ;Rules of conduct; Interpretations of rules of conduct full-text
1976March 1Code of professional ethics, March 1, 1976, edition; Concepts of professional ethics; Rules of conduct, effective March 1, 1973;Interpretations of rules of conduct; Ethics rulings full-text
1977May 1Code of professional ethics, May 1, 1977, edition;Concepts of professional ethics; Rules of conduct, effective March 1, 1973; Interpretations of rules of conduct; Ethics rulings full-text
1978March 31Rules of conduct as amended March 31, 1978;Bylaws and implementing resolutions of Council as amended March 31, 1978 full-text
1981October 15Bylaws and implementing resolutions of Council as amended October 15, 1981;Rules of conduct of the code of professional ethics as amended March 31, 1979 [1981] full-text
1983May 10Bylaws and implementing resolutions of Council as amended May 10, 1983;Rules of conduct of the code of professional ethics as amended January 6, 1983 full-text
1984Concepts of professional ethics; Rules of conduct of the code of professional ethics as amended January 6, 1983; Bylaws and implementing resolutions of Council as amended May 10, 1983 [1984] full-text
1985May 15Concepts of professional ethics; Rules of conduct of the code of professional ethics as amended January 6, 1983; Bylaws and implementing resolutions of Council as amended May 15, 1985 full-text
1988January 12Code of professional conduct as adopted January 12, 1988; Bylaws and implementing resolutions of Council as amended January 12, 1988 full-text
1991May 20Code of professional conduct as amended May 20, 1991;Bylaws and implementing resolutions of Council as amended January 8, 1990 full-text
1992January 14Code of professional conduct as amended January 14, 1992; Bylaws and implementing resolutions of Council as amended January 14, 1992 full-text
1993May 26Code of professional conduct as amended January 14, 1992; Bylaws and implementing resolutions as amended May 26, 1993 full-text
1996June 17Code of professional conduct as amended January 14, 1992; Bylaws and implementing resolutions of Council as amended June 17, 1996 full-text
1997October 28Code of professional conduct and implementing resolutions of Council as amended October 28, 1997; Bylaws and implementing resolutions of Council as amended October 28, 1997 full-text

Related Research Articles

<span class="mw-page-title-main">Accounting</span> Measurement, processing and communication of financial information about economic entities

Accounting, also known as accountancy, is the process of recording and processing information about economic entities, such as businesses and corporations. Accounting measures the results of an organization's economic activities and conveys this information to a variety of stakeholders, including investors, creditors, management, and regulators. Practitioners of accounting are known as accountants. The terms "accounting" and "financial reporting" are often used interchangeably.

<span class="mw-page-title-main">Accountant</span> Practitioner of accounting or accountancy

An accountant is a practitioner of accounting or accountancy. Accountants who have demonstrated competency through their professional associations' certification exams are certified to use titles such as Chartered Accountant, Chartered Certified Accountant or Certified Public Accountant, or Registered Public Accountant. Such professionals are granted certain responsibilities by statute, such as the ability to certify an organization's financial statements, and may be held liable for professional misconduct. Non-qualified accountants may be employed by a qualified accountant, or may work independently without statutory privileges and obligations.

<span class="mw-page-title-main">American Institute of Certified Public Accountants</span> American trade group of financial transaction trackers

The American Institute of Certified Public Accountants (AICPA) is the national professional organization of Certified Public Accountants (CPAs) in the United States, with more than 428,000 members in 130 countries. Founded in 1887 as the American Association of Public Accountants (AAPA), the organization sets ethical standards and U.S. auditing standards. It also develops and grades the Uniform CPA Examination. AICPA is headquartered in Durham, North Carolina, and maintains additional offices in New York City, Washington, D.C., and Ewing, New Jersey.

<span class="mw-page-title-main">Certified Public Accountant</span> Title of qualified accountants in many countries

Certified Public Accountant (CPA) is the title of qualified accountants in numerous countries in the English-speaking world. It is generally equivalent to the title of chartered accountant in other English-speaking countries. In the United States, the CPA is a license to provide accounting services to the public. It is awarded by each of the 50 states for practice in that state. Additionally, all states except Hawaii have passed mobility laws to allow CPAs from other states to practice in their state. State licensing requirements vary, but the minimum standard requirements include passing the Uniform Certified Public Accountant Examination, 150 semester units of college education, and one year of accounting-related experience.

<span class="mw-page-title-main">Audit</span> Independent examination of an organization

An audit is an "independent examination of financial information of any entity, whether profit oriented or not, irrespective of its size or legal form when such an examination is conducted with a view to express an opinion thereon." Auditing also attempts to ensure that the books of accounts are properly maintained by the concern as required by law. Auditors consider the propositions before them, obtain evidence, roll forward prior year working papers, and evaluate the propositions in their auditing report.

<span class="mw-page-title-main">Financial audit</span> Type of audio

A financial audit is conducted to provide an opinion whether "financial statements" are stated in accordance with specified criteria. Normally, the criteria are international accounting standards, although auditors may conduct audits of financial statements prepared using the cash basis or some other basis of accounting appropriate for the organization. In providing an opinion whether financial statements are fairly stated in accordance with accounting standards, the auditor gathers evidence to determine whether the statements contain material errors or other misstatements.

<span class="mw-page-title-main">External auditor</span> Person who audits an entitys financial statements and is independent of that entity

An external auditor performs an audit, in accordance with specific laws or rules, of the financial statements of a company, government entity, other legal entity, or organization, and is independent of the entity being audited. Users of these entities' financial information, such as investors, government agencies, and the general public, rely on the external auditor to present an unbiased and independent audit report.

A tax advisor or tax consultant is a person with advanced training and knowledge of tax law. The services of a tax advisor are usually retained in order to minimize taxation while remaining compliant with the law in complicated financial situations. Tax Advisors are also retained to represent clients before tax authorities and tax courts to resolve tax issues.

<span class="mw-page-title-main">Institute of Chartered Accountants of India</span> National professional accounting body in India

Institute of Chartered Accountants of India (ICAI) is India's largest professional accounting body under the administrative control of Ministry of Corporate Affairs, Government of India. It was established on 1 July 1949 as a statutory body under the Chartered Accountants Act, 1949 enacted by the Parliament for promotion, development and regulation of the profession of Chartered Accountancy in India.

<span class="mw-page-title-main">Uniform Certified Public Accountant Examination</span> Exam

The Uniform Certified Public Accountant Examination is the examination administered to people who wish to become Certified Public Accountants in The United States of America. The CPA Exam is used by the regulatory bodies of all fifty states plus the District of Columbia, Guam, Puerto Rico, the U.S. Virgin Islands and the Northern Mariana Islands.

Business Valuation Standards (BVS) are codes of practice that are used in business valuation. Examples of business appraisal standards are as follows:

Accountancy in Hong Kong is regulated by the HKICPA under the Professional Accountants Ordinance. The auditing industry for limited companies is regulated under the Companies Ordinance, and other Ordinances such as the Securities and Futures Ordinance, the Listing Rules, etc.

In the United States, the Auditing Standards Board (ASB) is the senior technical committee designated by the American Institute of Certified Public Accountants (AICPA) to issue auditing, attestation, and quality control statements, standards and guidance to certified public accountants (CPAs) for non-public company audits. Created in October 1978, it is composed of 19 members representing various industries and sectors, including public accountants and private, educational, and governmental entities. It issues pronouncements in the form of statements, interpretations, and guidelines, which all CPAs must adhere to when performing audits and attestations.

<span class="mw-page-title-main">Auditor independence</span> Auditor and client must be independent

Auditor independence refers to the independence of the internal auditor or of the external auditor from parties that may have a financial interest in the business being audited. It ensures that auditors do not have any financial interest in the firms in which they are auditing.

Accounting ethics is primarily a field of applied ethics and is part of business ethics and human ethics, the study of moral values and judgments as they apply to accountancy. It is an example of professional ethics. Accounting was introduced by Luca Pacioli, and later expanded by government groups, professional organizations, and independent companies. Ethics are taught in accounting courses at higher education institutions as well as by companies training accountants and auditors.

Forensic accountants are experienced auditors, accountants, and investigators of legal and financial documents that are hired to look into possible suspicions of fraudulent activity within a company; or are hired by a company who may just want to prevent fraudulent activities from occurring. They also provide services in areas such as accounting, antitrust, damages, analysis, valuation, and general consulting. Forensic accountants have also been used in divorces, bankruptcy, insurance claims, personal injury claims, fraudulent claims, construction, royalty audits, and tracking terrorism by investigating financial records. Many forensic accountants work closely with law enforcement personnel and lawyers during investigations and often appear as expert witnesses during trials.

The International Ethics Standards Board for Accountants (IESBA) develops and promotes the International Code of Ethics for Professional Accountants. The IESBA also supports debate on issues related to accounting ethics and auditor independence.

CPA Ireland, formerly the Institute of Certified Public Accountants in Ireland, is one of the main Irish accountancy bodies, with 5,000 members and students.

The Florida Board of Accountancy (FLBOA) regulates Certified Public Accountants and Certified Public Accounting Firms for the State of Florida. The FLBOA is created in Florida Statutes Chapter 473 and is administered by the Florida Department of Business and Professional Regulation (DBPR). Florida Statutes Chapter 473 permits the FLBOA to establish rules that are codified in the Florida Administrative Code (FAC) in sections 61H1-19 through 61H1-39.

Statement on Standards for Attestation Engagements no. 18 is a Generally Accepted Auditing Standard produced and published by the American Institute of Certified Public Accountants (AICPA) Auditing Standards Board. Though it states that it could be applied to almost any subject matter, its focus is reporting on the quality of financial reporting. It pays particular attention to internal control, extending into the controls over information systems involved in financial reporting. It is intended for use by Certified Public Accountants performing attestation engagements, the preparation of a written opinion about a subject, and the client organizations preparing the reports that are the subject of the attestation engagement. It prescribes three levels of service: examination, review, and agreed-upon procedures. It also prescribes two types of reports: Type 1, which includes an assessment of internal control design, and Type 2, which additionally includes an assessment of the operating effectiveness of controls. Published April 2016, SSAE 18 and all previous standards it supersedes are represented in section AT-C of the AICPA Professional Standards, with most sections becoming effective on May 1, 2017.

References

  1. "AICPA Code of Professional Conduct, Section ET 51.02, American Institute of Certified Public Accountants, June 1st, 2011". Archived from the original on 2011-09-07. Retrieved 2011-08-11.
  2. Sterrett, Joseph Edmund. "Professional Ethics. In Proceedings of the Annual Meeting at St. Paul, Minn., October Fourteenth--Seventeenth, Nineteen Hundred and Seven. American Association of Public Accountants. Pp. 108-133
  3. Code of Professional Conduct, American Institute of Accountants, April 9, 1917
  4. Marquette, R. Penny. "Ethics, Professional." In History of Accounting: An International Encyclopedia, edited by Michael Chatfield and Richard Vangermeersch. New York: Garland Publishing, pp. 233-235