Corporate Governance
FCPA + more AICPA
AICPA + Whistleblowing
Reg FD + insider trading
Fraud + earnings management
100

True or False: a follower of shareholder theory would never support company donations to charity

false - donating to charities can increase shareholder value by improving public image HOWEVER would not support giving to charity simply for charity's sake

100

 small, minor, insig. Payments to expedite routine, non discretionary items (All you are asking them to do is what they are suppose to do only faster)

what is a facilitating payment 

100

true or false: a tax accountant may correct prior tax returns with or without client permission

false - needs client permission, may not inform IRS on client unless ordered by the court 

100

persons who regularly speak on behalf of the company (ex: CFO, CEO, chair of board, head of investor relations)

what is a covered speaker?

100

anytime earnings management does something that causes earnings to be different that what they would be if normal business was conducted 

what is earnings management 

200

under this theory of corporate governance the Chair of the Board and the Chief Executive Officer should be different individuals

agency theory 

200

is this a violation: Making large donations to a charity where the official is a board member 

yes

200

includes anyone on the attest engagement team, those who can influence the engagement, or those who provide non-attest services to the client that could compromise independence

what is a covered member

200

a period when no insider/employe may trade stock of company

what is a black out period 

200

components of this are opportunity, rational, motivation, capability

fraud diamond

300

This is any meeting of the BoD that excludes members of the management team. it is Common occurrence, especially with audit committee and compensation committee meetings

what is executive session 

300

true or false: a CEO is not responsible for violating FCPA if the internal controls weren't strong enough

false

300

can a covered member remain independant if that have an Immediate Family member or Close Relative in a key position at the attest client, such as the attest client’s CEO

No - however, if the immediate family member or close relative is not in the key position they may serve on the team 
300

a plan that allows insiders to trade on company stock provided it is on set dates, of set amounts, and is publicly announced 

what is a 10b5-1 plan 

300

recording sales in one period then providing the customer with a credit in a subsequent period

what is channel stuffing

400
true or false in a two tiered board structure the CEO is the Chair of Board 

false - a two tiered system is made up of two boards: 

  • “Supervisory Board” appointed by shareholders

  • “Management Board” appointed by Supervisory Board and has the C suite on it usuallys

400

can a CPA serve as trustee for for family trust of CEO 

no - familiarity threat

400
sydney is a CPA at EY full time and works part time as a yoga instructor at a studio that EY audits. Sydney does not participate in the employee benefits and is not on the attest engagement team. Is independance violated?

no - if sydney were in a key position OR serving on the attest engagement it would be

400

refers to any information that is both new to the market and contains important information about the company

what is material nonpublic information

400

moving expenses are revenues to a different period in order to ensure consistency 

What is expense smoothing 

500

A person entrusted with other people’s money or items of value, or servings as the manager, custodian, or decision marker for another party

what is a fiduciary

500

true or false: If a CPA tax preparer who determines that a tax position has a 75% of being resolved unfavorably to the client; then the CPA must not allow  the client to take that position on the tax return

false - 

  • Tax papers shall not

    • Recommend a tax position to avoid the known or suspected audit selection process of a tax authority 

    • Create or recommend a tax position simply to create an arguing position or a negotiating position 

    • sign a tax return with only 20% of success

500

The yoga studio EY is auditing does not like the opinion its auditors issued so they are suing EY. Can EY stay independant ?

no - this called adverse interest threat and it is caused by the impending litigation  

500

sydney is ceo of company X and knows about an impending acquisition of her company by company Y. she uses this knowledge to trade on stocks of company Z and makes a huge profit. Is this a violation of reg FD?

yes - this shadow trading 

500

this technique treats operating expenses as an assets 

what is capitalizing expenses