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The Public Company Accounting Oversight Board oversees the audit of public companies subject to securities laws in order to protect public investors.

A) True
B) False

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To avoid liability for securities violations, an accountant must use due diligence in preparing a financial statement included in a registration statement-merely asking questions of a corporate officer or director meets this standard.

A) True
B) False

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Miriam is an accountant. Natalie is an attorney. Which professional is most restricted from disclosing her or his client's communication?

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Most professionals are restrained by the...

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Norm is an accountant. With respect to an allegation of negligence by Online Retail Inc., one of Norm's clients, Norm's violation of generally accepted accounting principles and generally accepted auditing standards


A) does not indicate that Norm was negligent.
B) is prima facie evidence that Norman was negligent.
C) precludes Norm from raising any defense against a negligence claim.
D) relieves Norm of any legal liability but not professional ethics sanctions.

E) A) and B)
F) A) and C)

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Reed prepares federal corporate income tax returns for Shopping Mall Inc. and other firms. Under the Internal Revenue Code, with respect to an understatement of a client's tax liability, Reed may be liable for


A) negligent or willful misconduct.
B) no misconduct.
C) only negligent misconduct.
D) only willful misconduct.

E) C) and D)
F) None of the above

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An accountant who fails to perform for a client as agreed has breached their contract, and the client has the right to pursue a claim for damages.

A) True
B) False

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Commerce Bank files a suit against Drake, its former accountant, alleging constructive fraud. Drake may be held liable


A) if Commerce Bank cannot prove actual fraud.
B) if Drake was grossly negligent in the performance of his duties.
C) only if Drake acted with fraudulent intent.
D) only if Drake impersonated someone who could be liable for fraud.

E) A) and C)
F) A) and B)

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B

Gen & Hetty is a Registered Public Accounting Firm. The firm performs auditing services for Healthcare Company. Under the Sarbanes-Oxley Act, at the same time, for the same company, Gen & Hetty can also perform


A) bookkeeping.
B) none of the choices.
C) appraisal services.
D) financial systems design.

E) C) and D)
F) A) and C)

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In some states, a party can recover from an accountant for negligence only outside an accountant-client relationship.

A) True
B) False

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Ezra, an accountant, intentionally misstates a material fact to mislead Fruit Packing Inc., a client. Fruit Packing justifiably relies on the misstatement to its detriment. Ezra is most likely liable for


A) actual fraud.
B) constructive fraud.
C) destructive fraud.
D) virtual fraud.

E) B) and C)
F) A) and C)

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A

Finola, a certified public accountant, provides accounting services to Global Trade Corporation. The services include preparing Global Trade's financial reports and issuing opinion letters based on the reports. In 2014, Global Trade falls into serious financial trouble, but neither Finola's reports nor her opinion letters indicate this situation. Relying on Finola's portrayal of Global Trade's financial situation, the firm borrows a large sum of money to build a new shipping facility. In lending Global Trade the money, Harbor City Bank relies on Finola's opinion letter. Finola is aware of this reliance. If Finola did not engage in intentional fraud but was negligent, what is her potential liability?

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Regarding the accountant's potential lia...

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An attorney's commission of a crime constitutes professional misconduct even absent proof that it reflects adversely on the person's fitness as a lawyer.

A) True
B) False

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Rand, an accountant, includes a false statement in a report for Social Media Inc. that is filed with the Securities and Exchange Commission. When Teo buys stock in Social Media and loses money on the investment, he files a suit against Rand, alleging fraud under the 1934 Securities Exchange Act. To avoid liability, Rand can show that he


A) intended to defraud Social Media, not Teo.
B) intended to profit on stock trades generally, not only Teo's.
C) is an otherwise competent accountant.
D) had no knowledge that the statement was false.

E) A) and B)
F) A) and C)

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In some states, an accountant is potentially liable to any user who relies on the professional's statement or report whether or not the reliance was foreseeable.

A) True
B) False

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False

In most states, accountants are subject to liability for negligence not only to their clients but also to foreseen or known users of the accountants' reports.

A) True
B) False

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Bee is an accountant whose clients include Concessions Inc. If Bee is negligent in her work for Concessions, most courts would hold her liable to the client and


A) any third party.
B) no third party with whom the accountant is not in privity or "near privity."
C) third parties who are foreseen users of the work.
D) third parties who are reasonably foreseeable users of the work.

E) All of the above
F) C) and D)

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Frye, an accountant, intentionally misstates a material fact to mislead Global Industries Inc., a client. Global justifiably relies on the misstatement to its detriment. Frye is most likely liable for


A) fraud.
B) malpractice.
C) negligence.
D) none of the choices.

E) B) and D)
F) A) and C)

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Bell, an accountant, enters into a contract to provide services to Consumer Staples Inc. Bell fails to meet a regulatory deadline for the work. Required to pay a fine, the company files a suit against Bell. Most likely, the court will order


A) Bell to pay the amount of the fine as damages to the firm.
B) Bell to meet the next deadline but not to pay damages.
C) Consumer Staples to drop its suit and pay its fine.
D) Consumer Staples to secure another professional to finish the work.

E) A) and B)
F) A) and C)

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To hold a professional liable for negligence, a plaintiff must show that a duty of care existed and it was breached-proof of an injury is not required.

A) True
B) False

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Galen prepares a financial statement for Hobby Inc. before a public offering of its stock. The Securities and Exchange Commission orders a revision of the statement. During the subsequent delay of the offering, the stock price drops. Hobby files a suit against Galen for negligence. Galen's best defense is


A) even if the accountant was negligent, this was not the proximate cause of the drop in the stock price.
B) the firm suffered no injury.
C) the accountant did not breach any duty of care that it owed to the firm.
D) the accountant owed no duty of care to the firm.

E) A) and B)
F) A) and C)

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