Chapter Accy 1
RULES OF CONDUCT
Subchapter I — Applicability and Definitions
Accy 1.001 Applicability of rules of conduct to certified public accountants. Accy 1.002 Applicability of rules of conduct to certified public accountants who have a significant influence over a CPA-related business or who advertise as a CPA. Subchapter II — Professional Conduct, Integrity,
and Objectivity
Accy 1.101 Professional conduct. Accy 1.102 Integrity and objectivity. Subchapter III — Competence and Technical Standards
Accy 1.201 General standards. Accy 1.202 Auditing standards. Accy 1.203 Accounting principles. Accy 1.204 Other technical standards. Accy 1.205 Standards for auditing, accounting and review services, and attestation engagements. Subchapter IV — Responsibilities to Clients
Accy 1.301 Confidential client information. Accy 1.302 Contingent fees, commissions and referral fees. Subchapter V — Other Responsibilities and Practices
Accy 1.401 Acts discreditable. Accy 1.402 Advertising or other forms of solicitation. Accy 1.404 Incompatible occupations. Accy 1.406 Practice while suspended. Accy 1.407 Communications. Accy 1.408 Ownership requirements. Ch. Accy 1 NoteNote: Chapter Accy 1 as it existed on June 30, 1974 was repealed and a new Chapter Accy 1 was created, Register, June, 1974, No. 222, effective July 1, 1974. Accy 1.001Accy 1.001 Applicability of rules of conduct to certified public accountants. Accy 1.001(1)(1) Chapters Accy 1 to 6 apply to a person who practices as a certified public accountant in this state. Accy 1.001(2)(2) A certified public accountant may be held responsible for compliance with the rules of the board by any person associated with the certified public accountant in a firm who is either under his or her supervision or is a member of the firm. Accy 1.001(3)(3) A certified public accountant shall not permit others to carry out acts on the accountant’s behalf, either with or without compensation, which, if carried out by the certified public accountant, would violate chs. Accy 1 to 6. Accy 1.001 HistoryHistory: Cr. Register, June, 1974, No. 222, eff. 7-1-74; correction made under s. 13.93 (2m) (b) 1., Stats., Register, March, 1993, No. 447; CR 03-071: r. and recr. Register May 2004 No. 581, eff. 6-1-04; 2015 Wis. Act 217: am. Register May 2016 No. 725, eff. 6-1-16. Accy 1.002Accy 1.002 Applicability of rules of conduct to certified public accountants who have a significant influence over a CPA-related business or who advertise as a CPA. Accy 1.002(1)(1) A person licensed as a certified public accountant that has significant influence over a CPA-related business is considered to be practicing as a certified public accountant in the CPA-related business and all persons with ownership interest in the business shall follow the rules of the board in the operation of the CPA-related business. Accy 1.002(2)(2) A person who operates a business and is licensed as a certified public accountant and who advertises or otherwise holds out as a certified public accountant shall follow the rules of the board in the operation of any business. Accy 1.003(1)(1) “Attest service” means any of the following, if performed or intended to be performed in accordance with the statements incorporated under s. Accy 1.205: Accy 1.003(2)(2) “Audit” means an examination of financial statements of a person by a certified public accountant, conducted in accordance with generally accepted auditing standards, to determine whether, in the opinion of the certified public accountant, the statements conform with generally accepted accounting principles or, if applicable, with another comprehensive basis of accounting. Accy 1.003(2r)(2r) “Certified public accountant” or “CPA” means a person considered to be in practice as a certified public accountant under s. 442.02, Stats. Accy 1.003(3)(3) “Commission” means compensation, except a referral fee, for recommending or referring any product or service to be supplied by another person. Accy 1.003(4)(4) “Compilation of a financial statement” means a presentation of information in the form of a financial statement that is the representation of any other person without the undertaking of the certified public accountant to express any assurance on the statement. Accy 1.003(5)(5) “Contingent fee” means a fee established for the performance of any service according to an arrangement in which no fee will be charged unless a specified finding or result is attained, or in which the amount of the fee is otherwise dependent upon the finding or result of such service. Accy 1.003(6)(6) “CPA-related business” means a business that performs for clients any of the professional services related to accounting, tax, personal financial planning, or litigation support services or those services for which standards are established relating to audits, compilations and reviews of financial statements and examinations or compilations of prospective financial information. Accy 1.003(7)(7) “Examination of prospective financial information” means an evaluation by a certified public accountant of a forecast or projection, the support underlying the assumptions in the forecast or projection, whether the presentation of the forecast or projection is in conformity with professional presentation guidelines, or, whether the assumptions in the forecast or projection provide a reasonable basis for the forecast or projection. Accy 1.003(7m)(7m) “Financial statements” means statements and footnotes related thereto that undertake to present an actual or anticipated financial position as of a point in time, or results of operations, cash flow, or changes in financial position for a period of time, in conformity with generally accepted accounting principles or another comprehensive basis of accounting. “Financial statements” does not include incidental financial data included in management advisory service reports to support recommendations to a client; nor does it include tax returns and supporting schedules. Accy 1.003(8)(8) “Firm” means a proprietorship, partnership, limited liability partnership, corporation, service corporation, or limited liability company. Accy 1.003(9)(9) “Forecast” means a prospective financial statement that presents, to the best of the responsible party’s knowledge and belief, an entity’s expected financial position, results of operations, and changes in financial position or cash flows that are based on the responsible party’s assumptions reflecting conditions it expects to exist and the course of action it expects to take. Accy 1.003(10)(10) “Member of a firm” means a director, manager, employee, officer, owner, shareholder, principal, or partner of a firm. Accy 1.003(11)(11) “Person” means any natural person, firm, association, or other legal entity. Accy 1.003(12)(12) “Projection” means a prospective financial statement that presents, to the best of the responsible party’s knowledge and belief, given one or more hypothetical assumptions, an entity’s expected financial position, results of operations, and changes in financial position or cash flows that are based on the responsible party’s assumptions reflecting conditions it expects would exist and the course of action it expects would be taken given such hypothetical assumptions. Accy 1.003(13)(13) “Referral fee” means compensation for recommending or referring any service of a certified public accountant to any person. Accy 1.003(14)(14) “Review” means to perform an inquiry and analytical procedures that permit a certified public accountant to determine whether there is a reasonable basis for expressing limited assurance that there are no material modifications that should be made to financial statements in order for them to be in conformity with generally accepted accounting principles or, if applicable, with another comprehensive basis of accounting. Accy 1.003(15)(15) “Significant influence” means the ability of an investor to exercise significant influence over operating and financial policies of an investee. The extent of ownership is not conclusive. Direct or indirect ownership of 20% or more of an investee creates a presumption that the investor has significant influence in an investee. Ownership of less than 20% of a CPA-related business creates a presumption that the certified public accountant does not have significant influence in the CPA-related business. An ability to exercise significant influence may be indicated in several ways: representation on the board of directors, participation in policy making processes, material intercompany transactions, interchange of managerial personnel, technological dependency, and the extent of ownership by an investor in relation to the concentration of other shareholdings. Accy 1.003 NoteNote: Examples of indications that an investor may be unable to exercise significant influence over the operating and financial policies of an investee include:
Accy 1.003 Note(a) Opposition by the investee, such as litigation or complaints to government regulatory authorities, challenges the investor’s ability to exercise significant influence.
Accy 1.003 Note(b) The investor and investee sign an agreement under which the investor surrenders significant rights as a shareholder.
Accy 1.003 Note(c) Majority ownership of the investee is concentrated among a small group of shareholders who operate the investee without regard to the views of the investor.
Accy 1.003 Note(d) The investor needs or wants more financial information to apply the equity method than is available to the investee’s other shareholders, for example, the investor wants quarterly financial information from an investee that publicly reports only annually, tries to obtain that information, and fails.
Accy 1.003 Note(e) The investor tries and fails to obtain representation on the investee’s board of directors.
Accy 1.003 HistoryHistory: CR 03-071: (2) to (5), (7), (9), and (11) to (14) renum. from Accy 1.302 (1) (b) to (k) and am. (2), (4), (7), (11), (13) and (14), cr. (intro.), (1), (6), (8), (10) and (15), Register May 2004 No. 581, eff. 6-1-04; 2013 Wis. Act 210: am. (1) Register April 2014 No. 700, eff. 5-1-14; 2015 Wis. Act 217: am. (intro.), cr. (2m), (2r), (7m) Register May 2016 No. 725, eff. 6-1-16. Accy 1.101(1)(1) The board adopts by reference the “Code of Professional Conduct” published by the American Institute of Certified Public Accountants, effective as of December 15, 2014, except that references to “member” are replaced by “a person licensed to practice as a certified public accountant.” Accy 1.101(2)(2) All definitions included in the American Institute of Certified Public Accountants’ Code of Professional Conduct shall apply only within that document. Accy 1.101 NoteAmerican Institute of Certified Public Accountants
Accy 1.101 Note1211 Avenue of the Americas
Accy 1.101 NoteNew York, NY 10036-8775
Accy 1.101 HistoryHistory: Cr. Register, June, 1974, No. 222, eff. 7-1-74; cr. (2), Register, December, 1974, No. 228, eff. 1-1-75; cr. (2) (d), Register, February, 1976, No. 242, eff. 4-1-76; cr. (2) (e), Register, January, 1977, No. 253, eff. 3-1-77; r. and recr. (1) and cr. (2) (f), Register, July, 1979, No. 283, eff. 9-1-79; r. and recr. (2) (a), am. (2) (d) 2. intro. and d., cr. (2) (g), Register, July, 1980, No. 295, eff. 8-1-80; corrections made under s. 13.93 (2m) (b) 1. and 5., Stats., Register, March, 1993, No. 447; CR 02-120: r. and recr. Register November 2003 No. 575, eff. 12-1-03; 2013 Wis. Act 210: am. Register April 2014 No. 700, eff. 5-1-14; 2015 Wis. Act 217: r. and recr. Register May 2016 No. 725, eff. 6-1-16. Accy 1.102Accy 1.102 Integrity and objectivity. No person licensed to practice as a certified public accountant may do any of the following: Accy 1.102(2)(2) When engaged in the practice of public accounting, including the rendering of tax and management advisory services, subordinate his or her judgment to others. Accy 1.102 HistoryHistory: Cr. Register, June, 1974, No. 222, eff. 7-1-74; corrections made under s. 13.93 (2m) (b) 5., Stats., Register, March 1993, No. 447; CR 03-071: am. Register May 2004 No. 581, eff. 6-1-04; 2015 Wis. Act 217: renum. to (intro.), (1), (2) and am. Register May 2016 No. 725, eff. 6-1-16. Accy 1.201(1)(1) A person licensed to practice as a certified public accountant shall comply with all of the following general standards as interpreted by bodies designated by the American Institute of Certified Public Accountants Council, and must justify any departures therefrom: Accy 1.201(1)(a)(a) Professional competence. A certified public accountant shall undertake only those engagements which the certified public accountant or the firm can reasonably expect to complete with professional competence. Accy 1.201(1)(b)(b) Due professional care. A certified public accountant shall exercise due professional care in the performance of an engagement. Accy 1.201(1)(c)(c) Planning and supervision. A certified public accountant shall adequately plan and supervise an engagement. Accy 1.201(1)(d)(d) Sufficient relevant data. A certified public accountant shall obtain sufficient relative data to afford a reasonable basis for conclusions or recommendations in relation to an engagement.
