Verified Document

Zhang Was Employed As A Qualified Accountant Essay

¶ … Zhang was employed as a qualified accountant in a small accounting practice. Following an investigation, the disciplinary committee of the professional body to which Sam belonged found that he provided misleading sets of financial statements at the request of clients on several occasions, in return for substantial payments. This was done without the knowledge of his employer. Trust is an important part of the accounting profession. Accountants have an ethical obligation to present financial statements that are accurate and true to the best of their ability. Many people depend on accounting statements to make financial decisions. Accounting statements are used to make business forecasts and for strategic planning. They are used by investors to decide if the company is a good risk or a bad risk. Many people depend on the statements of accountants and they must trust that the information that they receive is as accurate as possible.

There is little room for error and no room for mistrust in the accounting profession. People assume that the information contained in accounting statements is true to the best of the accountant's knowledge. Bad information on the accounting statement means bad financial decisions and a feeling of mistrust in the future. Accountants must adhere to a strict code of ethics in order preserve faith and trust in the statements that they present.

Accounting is an integral part of the world that we live in. Accounting has affected society as much as society has affected accounting. Accountants live in a world of dual loyalties. They have a duty to serve the public interests and provide and accurate picture of the firms that they represent, but they also have a duty to the capital interests of their clients. Their clients pay the accountant to perform services for their and it is not good business practice to make clients angry.

However, sometimes the accounting statement does not paint the client in the best possible light. When this happens, the accountant finds himself or herself in s tricky situation. They must please the public need for honesty and accuracy, yet they must remain loyal to their client's interests as well (Kaidonis, 2006). This was the reason for the development of ethics legislation such as APES 110, which clearly defines the ethical standards to which accountants must adhere. This was the key to the conundrum in which Sam was placed.

Which sections of APES110 have been violated?

APES 110 is in conformity with international accounting standards including the IFAC Code of Ethics for Professional Accountants

(Wijeshinghe, 2007). The key differences between APES 110 and the IFAC code are in terminology used. Currently, this standard is being revised so that the language is more consistent with international standards. A review board also plans to explicitly state in APES 110 that it is consistent with IFAC standards, but these changes are still in process.

Differences exist in the various codes with which accountants must comply. Some standards are more rules based, while others serve as guidelines to assist accountants in decision-making processes. For instance, the AICPA code is considered to be a rules-based code. Accountants are expected to follow these rules to the letter. By comparison, the IESBA code is a principles-based code that is similar to APES 110. These two codes can be compared to the U.S. GAAP. Accountants are expected to comply with the rules portion of the code and to use the framework of the code to make decisions on situations that arise in their individual practices (Allen, 2010).

APES 110 represents both mandatory requirements and guidance to the accounting profession (Lewis, 2010). This is a unique for an accounting standard. It represents the dual purpose of the law. However, this can make it difficult to determine whether a particular section is mandatory or simply a piece of guidance. Revisions have been suggested to separate the mandatory sections from the parts that are merely guidance (Lewis, 2010). It has also been suggested that APES 110 also need to be revised to reflect IFAC language. However, these changes have not yet been made. These suggestions do bring the position of APES 110 into question and makes it difficult to interpret. However, this is no excuse for Sam's actions. What he did was unethical by any measure. He created a conflict of interest between the company that he works for and his position as an employee.

APES 110 is clear about what is allowed and what is not allowed by accountants. Although it represents a set of guidelines more than hard, fast rules, they still clearly state what...

They leave little to interpretation, yet leave enough platitude to allow accountants to use their own judgment when the situation calls for it. The following will examine Sam's actions and the specific sections of APES 110 that were violated.
Part A of APES 110 sets forth the purpose of the document. Part A, section 100.1 states that as a member of the accounting profession, the person's primary responsibility is to the public interest. It is not, "to satisfy the needs of an individual, client, or employer," (APESB, 2006, p. 4). This principle was clearly violated by Sam's actions. His actions violated the public interest in providing accurate accounting statements. He acted in the interests of two individuals, himself and the client who paid him to falsify statements.

Part A established the following six principles as the keys to application of the code. These six principles are integrity, objectivity, professional competence and due care, confidentiality, and professional behavior (APESB 110, 2006, p. 5). The code is intended to help accounting profession members identify specific ethical threats as they arise. It provides them with a decision-making framework to help them make decisions regarding a particular action. If they are unable to make a decision about a particular action themselves, the standards provides them with a chain of command to aid them in the decision-making process.

Sam blatantly ignored the chain of command that should have been followed in this case. When a client offered to pay him for falsifying accounting statements, he should have immediately taken the matter to his manager, or perhaps higher, according to established protocols within the company.

Part A, section 100.8 provides an out for those who might not be aware that they have violated a section of APES 110. The provision states, "A Member may inadvertently violate a provision of this Code. Such an inadvertent violation…once the violation is discovered, the violation is corrected promptly and any necessary safeguards are applied," (APESB, 2006, p. 5). This was not what Sam did; instead, he did it several more times. This cannot be overlooked as a simple mistake. It can be construed as criminal motive in the case of Sam. Sam did not correct it, but did it again and again.

Part A, section 100.10 addresses threats to ethical accounting procedures. Subsection (a) addresses self-interest threats. These threats occur when financial or other interests occur either for the member of the organization or other members of their close family (APESB, 2006, p. 6). In this case, Sam acted unethically clearly in his own self-interest. Subsection (e) provides for the only possible grounds to alleviate some of the blame from Sam. If Sam was threatened or coerced by the client, perhaps by threatening to drop the account if Sam did not comply, or by some other threat, then they might share some of the blame. Yet, even if this were the case, Sam should have gone to his supervisor. However, it might be noted that Sam did this with several clients and it is highly unlikely that all of them made threats.

The most blatant violation of APES 110, Part A, is that of section 110 (Integrity). In section 110.2 this section states that,

"A Member should not be associated with reports, returns, communications or other information where they believe that the information: (a) Contains a materially false or misleading statement; (b) Contains statements or information furnished recklessly; or (c)

Omits or obscures information required to be included where such omission or obscurity would be misleading" (APESB, 2006, p. 8).

This section could not be clearer in regards to Sam's actions. Not only did he present misleading statements; he continued to do so repeatedly.

Sam's most blatant violation occurred in the section on integrity, but he also violated the principle of objectivity. Part A, section 120, subpart 120.1 states that objectivity is a requirement for members of an organization and that they by no means supposed to create a situation in which bias of conflict of interest could occur (APRSB, 2006, p. 9). Sam received money from both his employer, in the way of salary and from the client. If can be assumed by Sam's actions that the amount offered by the client was sufficient to sway Sam's representation of them on the accounting ledger. This created bias in the accounting reports and is a clear conflict of interest.

The third major section of Part A that was violated was that of Professional Behavior. Of the sections that were previously mentioned, this section is…

Sources used in this document:
References

Accounting Professional and Ethical Standards Board (APESB). (2006) APES 110 Code of Ethics for Professional Accountants. June 2006. Retrieved October 17, 2010 from http://www.ceo.wa.edu.au/home/carey.peter/Accounting_and_Finance/APES_110.pdf

Allen, C. (2010). Comparing the Ethics Codes: AICPA and IFAC. Journal of Accountancy. October 2010. Retrieved October 17, 2010 from http://www.journalofaccountancy.com/Issues/2010/Oct/20103002

Bolt-Lee, C. & Moody, J. (2010). Highlights of Finance and Accounting Ethics Research. Journal of Accountancy. October 2010. Retrieved October 17, 2010 from http://www.journalofaccountancy.com/Issues/2010/Oct/20102896

CPA Australia. (2010). Frequently asked questions about financial reporting. Retrieved October 15, 2010 from http://www.cpaaustralia.com.au/cps/rde/xchg/cpa-site/hs.xsl/knowledge-auditing-toolkit-faqs-financial-reporting.html
Dellaportas, S. (2006). Making a Difference with a Discrete Course on Accounting Ethics. Journal of Business Ethics 65: 391 -- 404. Retrieved October 16, 2010 from http://www.springerlink.com/content/q967g2321575402r/fulltext.pdf
Kaidonis, M. (2008). The Accounting Profession: Serving the public interest or capital interest? Australian Accounting Business and Finance Journal. 2 (4): 1-5. Retrieved October 17, 2010 from http://ro.uow.edu.au/cgi/viewcontent.cgi?article=1041&context=aabfj
Lewis, P. (2010). Consultation Paper: Proposed Revision of APES 100 Code of Ethics for Professional Accountants. Group 100. February 8, 2010. Retrieved October 17, 2010 from http://www.group100.com.au/submissions/sub_20100208_apesb_APES110-revision.htm
Rogers, J. (2005). Going too far is worse than not going far enough: principle-based accounting standards, international harmonization, and the European paradox. Houston Journal of International Law. Retrieved October 17, 2010 from http://www.thefreelibrary.com/Going+too+far+is+worse+than+not+going+far+enough%3a+principle-based+...-a0131007471
Spargo, K. (2010). Audit Quality in Australia: A Strategic Review. APESB / May 10, 2010. Retrieved October 17, 2010 from http://www.treasury.gov.au/documents/1838/PDF/APESB.pdf
Wijesinghe, C. (2007). Six monthly review of APES 110 Code of Ethics for Professional Accountants issued in June 2006. Accounting Professional & Ethical Standards Board Limited. Retrieved October 17, 2010 from http://74.6.238.254/search/srpcache?ei=UTF-8&p=accountign+ethics+APES+110&type=W3i_DS%2C157%2C0_0%2CSearch%2C20100833%2C6691%2C0%2C15%2C0&fr=w3i&vdata=0%2C0%2C0%2C0&u=http://cc.bingj.com/cache.aspx?q=accountign+ethics+APES+110&d=4885607033211536&mkt=en-U.S.&setlang=en-U.S.&w=28d08caa,aff498a3&icp=1&.international=us&sig=x4U66xA9NeR8qmGJD50ynQ --
Cite this Document:
Copy Bibliography Citation

Related Documents

Independent Contractors and Employment Law
Words: 494 Length: 2 Document Type: Essay

Little Lamb Company Regarding our recent discussion about potential legal issues which might arise regarding Mary's termination, it must be concluded that, based on the evidence, Mary is clearly an independent contractor. Independent contractors may be distinguished from standard employees based upon the following criteria: An independent contractor is contracted on a by-project basis, versus having a permanent position at the workplace and his or her employment is largely determined upon

Independent Contractor or Employee
Words: 974 Length: 3 Document Type: Essay

The first issue in this case is whether or not the massage therapist is considered to be an employee or an independent contractor. Dream Massage has hired the person as an independent contractor but "exercises complete control over how she does her work", including the provision of clients, materials needed to do the work, and complete control over the massage therapist's schedule. The IRS defines an independent contractor as follows: "an

Human Resource Management: Employees Vs. Independent Contractors
Words: 977 Length: 2 Document Type: Chapter

Employee vs. Independent Contractor Employees vs. Independent Contractors John, who owns his own consulting firm, is picked to work for Make-a-Bed, a furniture manufacturer and distributor, and since he is not readily available as a full time employee, it is agreed that he should work as independent contractor. He is expected to study the business and make recommendations accordingly, to arrange for his own travel and meetings, dedicate about 20 hours each

IRS Rules Pertaining to Employees Vs. Independent Contractors
Words: 777 Length: 2 Document Type: Case Study

Human Resource Case Study a summary of the facts of the case: A consultant named John Engineer took a job with "Make-a-Bed," a furniture manufacture that wished to consolidate its three plants. He wasn't hired as a regular employee, but rather as an independent contractor. Engineer was given a year to come up with a strategy to consolidate the company operations in Maryland, Pennsylvania, and Delaware. He was to be paid

ADR and Independent Contractors
Words: 1290 Length: 4 Document Type: Research Paper

Grocers, Inc. Situation Good Grocers is an expanding, up-and-coming new company that needs to preserve its reputation in the competitive grocery industry. As a company which is particularly anxious to promote itself as an ethical organization given its pro-organic and buy-local stance, it must be especially careful to safeguard its positive image in the mind of the public. Given the company's need to avoid a costly lawsuit, alternative dispute resolution would

Dying Profession of Independent Physicians
Words: 2852 Length: 10 Document Type: Research Paper

Independent Physicians The Dying Profession of Independent Physicians In the past, it has always been the case that physicians were, for the most part, independent contractors who had working agreements with certain hospitals in their region. However, that is not the case anymore. Physicians are increasingly joining healthcare organizations because the costs of remaining autonomous are too strenuous. It does not matter that independent physicians, on average still make more than their

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now