Podcast
Questions and Answers
What is required for a professional accountant to maintain professional competence?
What is required for a professional accountant to maintain professional competence?
- Continuing awareness of relevant developments (correct)
- Adhering to strict deadlines without exception
- Regularly reviewing client files
- Limiting training to new hires only
What does diligence in a professional assignment include?
What does diligence in a professional assignment include?
- Prioritizing client conversations over report accuracy
- Delegating work to others without oversight
- Acting according to assignment requirements meticulously (correct)
- Completing tasks quickly to meet deadlines
Which principle requires a professional accountant to respect confidentiality?
Which principle requires a professional accountant to respect confidentiality?
- Professional development
- Confidentiality (correct)
- Due care
- Professional judgment
What must a professional accountant ensure regarding those working under their authority?
What must a professional accountant ensure regarding those working under their authority?
What is a key aspect of continuing professional development for accountants?
What is a key aspect of continuing professional development for accountants?
What is the primary purpose of the introduction section in the Code?
What is the primary purpose of the introduction section in the Code?
Which fundamental principle requires an accountant to be straightforward and honest?
Which fundamental principle requires an accountant to be straightforward and honest?
What happens if laws or regulations prevent an accountant from complying with parts of the Code?
What happens if laws or regulations prevent an accountant from complying with parts of the Code?
What must a professional accountant do when they become aware of being associated with misleading information?
What must a professional accountant do when they become aware of being associated with misleading information?
Which principle requires a professional accountant to maintain impartiality in their judgment?
Which principle requires a professional accountant to maintain impartiality in their judgment?
Which principle emphasizes the need for confidentiality among professional accountants?
Which principle emphasizes the need for confidentiality among professional accountants?
What does the application material in the Code provide?
What does the application material in the Code provide?
Under what circumstance can a professional accountant be considered compliant with ethical standards despite having modifying reports?
Under what circumstance can a professional accountant be considered compliant with ethical standards despite having modifying reports?
What is required from a professional accountant to ensure competent professional service?
What is required from a professional accountant to ensure competent professional service?
Which of the following is NOT one of the fundamental principles mentioned?
Which of the following is NOT one of the fundamental principles mentioned?
Which of the following actions would breach the principle of objectivity?
Which of the following actions would breach the principle of objectivity?
Which fundamental principle is focused on ensuring fairness in all professional relationships?
Which fundamental principle is focused on ensuring fairness in all professional relationships?
To achieve the objectives of the accountancy profession, what must professional accountants observe?
To achieve the objectives of the accountancy profession, what must professional accountants observe?
What does the principle of diligence require from a professional accountant?
What does the principle of diligence require from a professional accountant?
Which scenario illustrates a breach of professional competence and due care?
Which scenario illustrates a breach of professional competence and due care?
What type of statements should a professional accountant avoid being associated with?
What type of statements should a professional accountant avoid being associated with?
What is a professional accountant not required to investigate?
What is a professional accountant not required to investigate?
Which statement is true regarding the knowledge of laws and regulations for a professional accountant?
Which statement is true regarding the knowledge of laws and regulations for a professional accountant?
What distinguishes NOCLAR from SA 250?
What distinguishes NOCLAR from SA 250?
In what circumstance might a professional accountant disclose a breach according to NOCLAR?
In what circumstance might a professional accountant disclose a breach according to NOCLAR?
SA 250 requires auditors to have responsibilities related to which of the following?
SA 250 requires auditors to have responsibilities related to which of the following?
Which of the following best describes the stakeholders according to NOCLAR?
Which of the following best describes the stakeholders according to NOCLAR?
Which aspect is NOT covered under the purview of a professional accountant's responsibilities?
Which aspect is NOT covered under the purview of a professional accountant's responsibilities?
What does the term 'non-compliance' refer to in relation to NOCLAR?
What does the term 'non-compliance' refer to in relation to NOCLAR?
What is the maximum allowable distance for a second office from the municipal limits of the city where the first office is located?
What is the maximum allowable distance for a second office from the municipal limits of the city where the first office is located?
In which scenario is a chartered accountant allowed to have a second office without it being in the charge of another member?
In which scenario is a chartered accountant allowed to have a second office without it being in the charge of another member?
What must a chartered accountant declare when having two offices?
What must a chartered accountant declare when having two offices?
If a chartered accountant has two offices located within the same city, what is a requirement for those offices?
If a chartered accountant has two offices located within the same city, what is a requirement for those offices?
What distance did Mr. K's second office maintain from his first office in the suburbs of Chennai?
What distance did Mr. K's second office maintain from his first office in the suburbs of Chennai?
What is the requirement if a chartered accountant intends to open a new office near an income tax department?
What is the requirement if a chartered accountant intends to open a new office near an income tax department?
Which of the following is NOT a condition for granting an exemption for a second office?
Which of the following is NOT a condition for granting an exemption for a second office?
Who did Mr. K employ for running his new office near the income tax office?
Who did Mr. K employ for running his new office near the income tax office?
What is the penalty for a person who falsely represents themselves as a member of the Institute of Chartered Accountants on first conviction?
What is the penalty for a person who falsely represents themselves as a member of the Institute of Chartered Accountants on first conviction?
In the context of the Chartered Accountants Act, who is considered a practicing Chartered Accountant?
In the context of the Chartered Accountants Act, who is considered a practicing Chartered Accountant?
Which option accurately describes the significance of the Certificate of Practice as per Section 6?
Which option accurately describes the significance of the Certificate of Practice as per Section 6?
What happens to a member's Certificate of Practice under certain prescribed circumstances?
What happens to a member's Certificate of Practice under certain prescribed circumstances?
What is the possible imprisonment duration for a second conviction under Section 24 of the Chartered Accountants Act?
What is the possible imprisonment duration for a second conviction under Section 24 of the Chartered Accountants Act?
Which of the following individuals is exempt from needing a Certificate of Practice for a limited time?
Which of the following individuals is exempt from needing a Certificate of Practice for a limited time?
What is the maximum fine for subsequent convictions under Section 24?
What is the maximum fine for subsequent convictions under Section 24?
In the case of Prem Batra, what was the court's action upon finding the accused guilty?
In the case of Prem Batra, what was the court's action upon finding the accused guilty?
Flashcards
Professional Competence
Professional Competence
Using professional knowledge and skills wisely when working.
Maintaining Competence
Maintaining Competence
Staying up-to-date with work changes and developments.
Continuing Professional Development
Continuing Professional Development
Improving skills and knowledge needed for the job.
Diligence
Diligence
Acting carefully, completely, and on time.
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Confidentiality
Confidentiality
Protecting sensitive information related to work.
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Fundamental Principles
Fundamental Principles
Prerequisites professional accountants must follow to achieve accounting profession objectives.
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Integrity
Integrity
Being honest and straightforward in all professional and business relationships, implying fair dealing and truthfulness.
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Objectivity
Objectivity
Impartial and unbiased judgment in accounting tasks Free from bias or influence
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Professional Competence & Due Care
Professional Competence & Due Care
Maintaining the required skill level and taking care in completing accounting work using best practice.
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Professional Behaviour
Professional Behaviour
Acting in a way that enhances the reputation of the accounting profession.
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Professional Accountant Obligations
Professional Accountant Obligations
Accountants must follow the Code of Ethics but may be exempt if laws or regulations override.
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Code Compliance Exceptions
Code Compliance Exceptions
If laws or regulations conflict with specific parts of the Code, the accountant must comply with the laws or regulations instead.
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Accountant's Responsibility with Information
Accountant's Responsibility with Information
A professional accountant shouldn't knowingly be involved in reports, returns, etc. containing materially false/misleading statements, negligent statements, or omitting/obscuring required information, unless a modified report is provided.
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Disassociation from Problematic Information
Disassociation from Problematic Information
If an accountant realizes involvement with problematic information (as described in the first flashcard), they must take steps to disengage.
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Objectivity in Professional Activities
Objectivity in Professional Activities
Accountants must maintain objectivity; biases, conflicts of interest, or undue influence from others can't compromise professional judgement.
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Professional Judgement Compromised
Professional Judgement Compromised
A professional activity is prohibited if a circumstance or relationship unduly influences the accountant's professional judgement.
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Maintaining Professional Knowledge
Maintaining Professional Knowledge
Accountants need to continuously update their professional knowledge and skills to provide competent service, based on applicable standards and regulations.
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Diligence in Professional Activity
Diligence in Professional Activity
Accountants must act diligently in alignment with relevant professional and technical standards when executing tasks.
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Modified Report
Modified Report
Avoiding potential breaches by providing a modified report concerning problematic information.
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NOCLAR Applicability
NOCLAR Applicability
Applies to all professional accountants, both in service and practice, including auditors and other professional services. The degree of responsibility varies based on the accountant's role.
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SA 250 Focus
SA 250 Focus
Solely applies to audits, focusing on laws directly affecting financial statement amounts and disclosures, like tax and labor laws, and indirectly impacting the business's operations.
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NOCLAR's Expanded Scope
NOCLAR's Expanded Scope
Goes beyond SA 250 by incorporating non-compliance that causes substantial harm, leading to serious financial or non-financial consequences.
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Stakeholder Impact
Stakeholder Impact
NOCLAR recognizes the impact of non-compliance on various stakeholders, including investors, creditors, employees, and the general public.
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SA 250's Limitations
SA 250's Limitations
Does not define stakeholders, focusing primarily on the financial reporting aspect of non-compliance.
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Professional Accountant's Duty
Professional Accountant's Duty
A professional accountant is expected to apply knowledge and expertise, exercising professional judgment. However, they are not expected to be legal experts.
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Determining Non-Compliance
Determining Non-Compliance
The final determination of whether an act constitutes non-compliance rests with courts or other appropriate adjudicative bodies.
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Exceptions to Disclosure
Exceptions to Disclosure
Professional accountants may not be required to disclose non-compliance to authorities if doing so would violate law or regulation.
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Chartered Accountant (CA) Designation
Chartered Accountant (CA) Designation
The title "Chartered Accountant" is only for members of the Institute of Chartered Accountants of India. Using this designation without being a member is illegal.
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Unauthorized Practice of CA
Unauthorized Practice of CA
A non-member of the Institute cannot act as a CA, even if they have accounting knowledge and skills.
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Certificate of Practice (CA)
Certificate of Practice (CA)
A document issued to CA members allowing them to practice as a chartered accountant.
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Consequences of Unauthorized CA Practice
Consequences of Unauthorized CA Practice
Individuals who falsely claim to be CAs face fines and even imprisonment.
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Requirement to Practice as a CA
Requirement to Practice as a CA
To practice as a CA in India, you must be a member of the Institute and hold a Certificate of Practice.
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CA Practice - Immediate Past Practice
CA Practice - Immediate Past Practice
Individuals who were practicing as registered accountants before the Chartered Accountants Act was implemented have a one-month grace period to obtain a Certificate of Practice.
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Cancellation of Certificate of Practice
Cancellation of Certificate of Practice
The Institute can revoke a CA's Certificate of Practice under specific circumstances.
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Annual Fee for CA Certificate
Annual Fee for CA Certificate
CA members must pay an annual fee for their Certificate of Practice, as decided by the Institute.
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Second Office Exemption
Second Office Exemption
A chartered accountant can have a second office without a separate member in charge if it meets certain location requirements.
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Second Office Location Requirements
Second Office Location Requirements
The second office must be in the same premises, the same city, or within 50 kilometers of the city limits of the first office.
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Main Office Declaration
Main Office Declaration
A chartered accountant with two offices must declare which office is their main office, which becomes their professional address.
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Branch Office in the Same City
Branch Office in the Same City
Each office of a chartered accountant practicing in India must be under the supervision of a member of the Institute.
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Office Location Exception
Office Location Exception
Chartered accountants can have a second office without separate member oversight if it meets specific location criteria.
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Separate Charge of a Member
Separate Charge of a Member
Each office must have a member of the Institute responsible for its operation.
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Chartered Accountants Act, 1949
Chartered Accountants Act, 1949
This act governs the professional practice of chartered accountants in India, including regulations for multiple offices.
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Section 27 of the Chartered Accountants Act
Section 27 of the Chartered Accountants Act
This section specifies the requirement for separate member supervision for each office of a chartered accountant.
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Maintaining Professional Competence
- Professional competence is a critical aspect of the accounting profession, requiring ongoing development and adherence to ethical standards.
- Diligence involves carrying out professional assignments with due care, thoroughness, and a commitment to achieving the highest standards of quality.
- The principle of confidentiality dictates that a professional accountant should respect the confidentiality of information obtained during professional engagements and should not disclose such information without proper authority or consent.
- An accountant must ensure those working under their authority comply with the ethical principles and standards of the profession.
- Continuing Professional Development (CPD) is a key aspect of professional competence, requiring accountants to engage in activities that maintain and enhance their knowledge, skills, and professional capabilities.
The Code of Ethics and Fundamental Principles
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The introduction section of the Code explains the purpose and scope of the ethical standards set forth.
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The principle of integrity requires accountants to be straightforward and honest in all professional and business relationships.
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If legal or regulatory requirements prevent compliance with parts of the Code, the accountant should take steps to disclose the conflict and seek appropriate advice.
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If an accountant becomes aware of being associated with misleading information, they must take necessary steps to disassociate themselves from the information and inform the relevant authorities, if necessary.
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Objectivity implies that accountants should not allow bias, conflict of interest, or undue influence to affect their professional judgment.
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Confidentiality is essential in preserving the trust and relationships between accountants and their clients and stakeholders.
Application and Compliance
- The application materials within the Code provide guidance on interpreting and applying the principles in real-world scenarios.
- An accountant may be considered compliant despite modifying reports if the modifications are necessary to maintain ethical standards and comply with reporting requirements.
- To ensure competent professional service, an accountant must maintain adequate knowledge and skills, exercise due care in their work, and continually develop their capabilities.
- Integrity, objectivity, professional competence and due care, confidentiality, and professional behaviour are fundamental ethical principles of the accountancy profession.
- Objectivity could be breached if an accountant favors a particular client or stakeholder over another, leading to biased judgments and decisions.
- Fairness is emphasized by the principle of objectivity, ensuring that all parties in professional relationships are treated equitably.
Other Relevant Principles and Compliance
- To fulfill the objectives of the accountancy profession, professional accountants must uphold and practice the fundamental ethical principles.
- Diligence demands that accountants exercise professional judgment and dedicate sufficient time and effort to assignments.
- A breach of professional competence and due care could occur if an accountant fails to adhere to professional standards, perform work inadequately, or neglect to update their skills.
- Accountants should refrain from associating themselves with statements that are misleading or lack a reasonable basis.
- Accountants are not required to investigate every potential irregularity or non-compliance, but they should exercise professional judgment to determine when further investigation is warranted.
- Professional accountants are required to stay informed about laws and regulations, relevant professional pronouncements, and changes in legislation.
Non-Compliance with Laws and Regulations (NOCLAR)
- NOCLAR (Non-Compliance with Laws and Regulations) distinguishes itself from SA 250 by expanding on the auditor's responsibilities and providing guidance on the auditor's role in addressing non-compliance.
- Under NOCLAR, an accountant may disclose a breach if they have a legal or professional obligation to do so, if there is an imminent risk of harm, or if the disclosure is permitted by law and regulations.
- SA 250 mandates that auditors have responsibilities related to planning and performing the audit to obtain sufficient appropriate audit evidence to detect material misstatements arising from non-compliance.
- NOCLAR defines stakeholders as individuals or entities that have a legitimate interest in the organization or its activities.
- A professional accountant's responsibilities do not encompass regulating or enforcing the compliance with laws and regulations.
- The term 'non-compliance' in NOCLAR refers to violations or instances of non-conformance with applicable laws, regulations, or other standards.
Second Office Regulations for Chartered Accountants
- The maximum allowable distance for a second office from the municipal limits of the city where the first office is located is 50 kilometers.
- A chartered accountant can have a second office without it being in the charge of another member only for purposes of practicing in that city.
- When having two offices, a chartered accountant must make a declaration stating that they are in charge of both offices.
- If a chartered accountant has two offices within the same city, both offices must be under the charge of a member.
- Mr. K's second office maintained a 20 kilometer distance from his first office in the suburbs of Chennai.
- If a chartered accountant intends to open a new office near an income tax department, they must obtain permission from the Institute.
- An exemption for having a second office is granted if the office is within the city or municipal limits.
- Mr. K employed a non-member for running his new office near the income tax office.
Penalties and Certificate of Practice
- The penalty for a person who falsely represents themselves as a member of the Institute of Chartered Accountants on first conviction is imprisonment for a term that may extend to six months or a fine that may extend to Rs. 10,000, or both.
- A practicing Chartered Accountant is defined as any member who holds a valid Certificate of Practice issued under the Chartered Accountants Act.
- The Certificate of Practice issued under Section 6 is significant because it authorizes a member to practice as a chartered accountant.
- If a member breaches certain prescribed circumstances, their Certificate of Practice can be suspended or canceled.
- The possible imprisonment duration for a second conviction under Section 24 of the Chartered Accountants Act is a term that may extend to two years, and a fine that may extend to Rs. 50,000.
- Individuals who are employees of government departments are exempt from needing a Certificate of Practice for a limited time.
- The maximum fine for subsequent convictions under Section 24 is Rs. 1 lakh.
- In the case of Prem Batra, the court, having found the accused guilty, ordered a sentence of 15 months imprisonment.
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