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Professional Ethics and Independence

Foundations

Professional Ethics and Independence

Syllabus tag: KASNEB CPA | Intermediate Level | CA24 Auditing and Assurance | Topic 2 Professional Ethics and Independence

Lesson objectives

By the end of this topic, you will be able to:

  • State the five fundamental principles of the IESBA Code
  • Identify the five categories of threat to independence
  • Apply safeguards appropriate to each threat
  • Distinguish independence of mind from independence in appearance
  • Explain the limits of confidentiality

Why this matters

An audit opinion is worth nothing unless the reader believes the auditor was free to give a different one. Everything in this topic protects that belief.

The five fundamental principles

PrincipleRequirement
IntegrityStraightforward and honest in all professional relationships
ObjectivityNo bias, conflict of interest or undue influence
Professional competence and due careMaintain skill; act diligently to current standards
ConfidentialityDo not disclose or use client information improperly
Professional behaviourComply with law; avoid discrediting the profession

A memory aid an examiner will accept: I-O-C-C-P.

Independence of mind and in appearance

Independence of mind is the state that allows an opinion to be given without being affected by influences that compromise judgement.

Independence in appearance is the avoidance of facts and circumstances so significant that a reasonable and informed third party would conclude that integrity or objectivity had been compromised.

Both are required, and the second is the harder test. An auditor may be entirely uninfluenced by a large fee from one client and still fail, because an informed outsider could not know that. The question is never only "was I objective?" but "could a reasonable observer believe I was?"

The five threats

ThreatArises whenExample
Self-interestThe firm has a financial interest in the outcomeFee dependence, a shareholding in the client, an unpaid fee
Self-reviewThe firm audits its own workPreparing the accounts it then audits, or a valuation it then tests
AdvocacyThe firm promotes the client's positionActing for the client in litigation or a share issue
FamiliarityLong or close association erodes scepticismA partner on the same audit for many years; a relative in a senior client role
IntimidationThe firm is deterred from acting objectivelyThreat of dismissal or litigation over a disagreement

Practise identifying the threat by name. An examiner asks "identify the threat and suggest a safeguard", and a candidate who describes the situation without naming the category loses the first mark.

Safeguards

Created by the profession or legislation: education and training, continuing professional development, corporate governance rules, external review, and the disciplinary machinery of ICPAK.

Within the firm: rotation of the engagement partner, a second partner review of the opinion, separate teams for audit and non-audit work, quality control policies, and declining the engagement altogether.

Where no safeguard can reduce the threat to an acceptable level, the engagement must be declined or terminated. That is the answer an examiner wants for the extreme cases, and candidates too often propose an elaborate safeguard where resignation is the only correct response.

Specific situations

Fee dependence. Where total fees from one client are a large proportion of the firm's income, the self-interest threat is significant. Safeguards include reducing dependence, external quality review, and disclosure to those charged with governance.

Contingent fees for an audit are prohibited outright. A fee that depends on the outcome destroys objectivity by construction.

Unpaid fees from a prior period create a self-interest threat rather like a loan to the client, and should be settled before a new report is issued.

Preparing the accounts and then auditing them is a self-review threat. Permissible for some smaller entities with safeguards; prohibited for listed companies.

Gifts and hospitality may be accepted only where trivial and inconsequential.

Long association is met by rotating the engagement partner after the prescribed period for public interest entities.

:::checkpoint An audit client offers your firm a lucrative consultancy contract to design the very accounting system your team will audit next year. Name the threats, say which is dominant, and state whether any safeguard would make the engagement acceptable. :::

Confidentiality and its limits

Client information may not be disclosed without authority, nor used for personal advantage. The duty continues after the engagement ends.

Disclosure is permitted or required where:

  • The client consents
  • Law requires it — a court order, or reporting suspected money laundering
  • There is a professional duty or right — defending against a disciplinary allegation, complying with a quality review, or responding to an ICPAK enquiry

Note the money laundering exception carefully. Reporting a suspicion is mandatory, and in many cases the client must not be told that a report has been made.

Conflicts of interest

Acting for two clients whose interests conflict — two parties to a takeover, for instance — threatens objectivity. Manage it by notifying both parties, obtaining consent, using separate teams with information barriers, and declining where the conflict cannot be managed.

:::checkpoint A junior in your firm mentions at a family gathering that a client is about to be acquired. A relative then buys shares in that client. Identify which principle was breached, by whom, and what the firm should now do. :::

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