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 Accy 1 NoteNote: Chapter Accy 1 as it existed on June 30, 1974 was repealed and a new Chapter Accy 1 was created, Register, June, 1974, No. 222, effective July 1, 1974.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. Accy 1.201(1)(e)(e) Forecasts. A certified public accountant shall not permit the certified public accountant’s name to be used in conjunction with any forecast of future transactions in a manner which may lead to the belief that the certified public accountant vouches for the achievability of the forecast. This paragraph does not prohibit a certified public accountant from preparing, or assisting a client in the preparation of, forecasts of the results of future transactions. When a certified public accountant’s name is associated with such forecasts, there shall be the presumption that such data may be used by parties other than the client. Therefore, full disclosure must be made of the sources of the information used and the major assumptions made in the preparation of the statements and analyses, and character of the work performed by the member, and the degree of the responsibility he or she is taking. Accy 1.201(2)(a)(a) A certified public accountant who accepts a professional engagement implies that he or she has the necessary competence to complete the engagement according to professional standards, applying the certified public accountant’s knowledge and skill with reasonable care and diligence, but the certified public accountant does not assume a responsibility for infallibility of knowledge or judgment. Accy 1.201(2)(b)(b) Competence in the practice of public accounting involves both the technical qualifications of the certified public accountant and his or her staff and the ability to supervise and evaluate the quality of the work performed. Competence relates both to knowledge of the profession’s standards, techniques and the technical subject matter involved, and to the capability to exercise sound judgment in applying such knowledge to each engagement. Accy 1.201(2)(c)(c) The certified public accountant may have the knowledge required to complete an engagement professionally before undertaking it. In many cases, however, additional research or consultation with others may be necessary during the course of the engagement. This does not ordinarily represent a lack of competence, but rather is a normal part of the professional conduct of an engagement. Accy 1.201(2)(d)(d) However, if a certified public accountant is unable to gain sufficient competence through these means, he or she should suggest, in fairness to the client and the public, the engagement of someone competent to perform the needed service, either independently or as an associate. Accy 1.201 HistoryHistory: Cr. Register, June, 1974, No. 222, eff. 7-1-74; cr. (2), Register, December, 1974, No. 228, eff. 1-1-75; r. and recr. (1) and am. (2) (a), Register, July, 1979, No. 283, eff. 9-1-79; (1) (e) renum. from Accy 1.204 (2) and am., Register, July, 1980, No. 295, eff. 8-1-80; corrections made under s. 13.93 (2m) (b) 1., Stats., Register, March, 1993, No. 447; CR 03-071: am. (1) (intro.) to (d) and (2) (a) to (d), r. and recr. (1) (e) Register May 2004 No. 581, eff. 6-1-04; 2015 Wis. Act 217: am. (1) (intro.) Register May 2016 No. 725, eff. 6-1-16. Accy 1.202Accy 1.202 Auditing standards. A person licensed to practice as a certified public accountant shall not permit the certified public accountant’s name to be associated with financial statements in such a manner as to imply that the certified public accountant is acting as an independent public accountant unless the certified public accountant has complied with the applicable generally accepted auditing standards promulgated by the American Institute of Certified Public Accountants. Statements on auditing standards used by the American Institute of Certified Public Accountants auditing standards board are, for purposes of this chapter, considered to be interpretations of the generally accepted auditing standards, and departures from such statements must be justified by those who do not follow them. Accy 1.202 HistoryHistory: Cr. Register, June, 1974, No. 222, eff. 7-1-74; cr. (2), Register, February, 1976, No. 242, eff. 4-1-76; r. and recr. (1) Register, July, 1979, No. 283, eff. 9-1-79; CR 03-071: renum. (1) to be Accy 1.202 and am., r. (2) Register May 2004 No. 581, eff. 6-1-04; 2015 Wis. Act 217: am. Register May 2016 No. 725, eff. 6-1-16. Accy 1.203Accy 1.203 Accounting principles. No person licensed to practice as a certified public accountant shall express an opinion that financial statements are presented in conformity with generally accepted accounting principles if such statements contain any departure from an accounting principle promulgated by the body designated by the council of the American Institute of Certified Public Accountants to establish such principles which has a material effect on the statements taken as a whole, unless he or she can demonstrate that due to unusual circumstances the financial statements would otherwise have been misleading. In such cases the report must describe the departure, the approximate effects thereof, if practicable, and the reasons why compliance with the principle would result in a misleading statement. Accy 1.203 HistoryHistory: Cr. Register, June, 1974, No. 222, eff. 7-1-74; cr. (2), Register, December, 1974, No. 228, eff. 1-1-75; corrections made under s. 13.93 (2m) (b) 5., Stats., Register, March, 1993, No. 447; CR 03-071: renum. (1) to be Accy 1.203 and am., r. (2) Register May 2004 No. 581, eff. 6-1-04. Accy 1.204Accy 1.204 Other technical standards. A person licensed to practice as a certified public accountant shall comply with other technical standards promulgated by bodies designated by the American Institute of Certified Public Accountants Council to establish such standards, and departures must be justified by those who do not follow them. Accy 1.204 HistoryHistory: Cr. Register, June, 1974, No. 222, eff. 7-1-74; cr. (2), Register, December, 1974, No. 228, eff. 1-1-75; r. and recr. (1), Register, July, 1979, No. 283, eff. 9-1-79; renum. (2) to be Accy 1.201 (1) (e), Register, July, 1980, No. 295, eff. 8-1-80; CR 03-071: am. Register May 2004 No. 581, eff. 6-1-04. Accy 1.205Accy 1.205 Standards for auditing, accounting and review services, and attestation engagements. The standards of the accounting and auditing profession that certified public accountants in Wisconsin shall use are (1) the Statements on Auditing Standards, the Statements on Standards for Accounting and Review Services, and the Statements on Standards for Attestation Engagements, published as AICPA Professional Standards by the American Institute of Certified Public Accountants, Inc.; and (2) the auditing standards of the Public Company Accounting Oversight Board. All of those Statements and Standards are incorporated by reference into this section. Accy 1.205 NoteNote: Copies of the Statements described above may be purchased from the American Institute of Certified Public Accountants, 1211 Avenue of the Americas, New York, NY 10036-8775.
Accy 1.205 HistoryHistory: CR 01-133: cr. Register October 2002 No. 562, eff. 11-1-02; CR 03-071: am. Register May 2004 No. 571, eff. 6-1-04; 2013 Wis. Act 210: consol. (intro.) to (3) and renum. Accy 1.205 and am. Register April 2014 No. 700, eff. 5-1-14. Accy 1.301Accy 1.301 Confidential client information. Accy 1.301(1)(1) No person licensed to practice as a certified public accountant shall disclose any confidential information obtained in the course of a professional engagement except with the consent of the client or through the due process of law. Accy 1.301(2)(b)(b) To affect in any way compliance with a validly issued subpoena or summons enforceable by order of a court, Accy 1.301(2)(c)(c) To prohibit review of such a person’s professional practices as a part of voluntary quality review under authorization of the American Institute of Certified Public Accountants or the Wisconsin Society of Certified Public Accountants, or
