Page 370 - CA Final PARAM Digital Book.
P. 370

NOCLAR, under Code of Ethics, is applicable on professional accountants in service, and in practice. Among
                 those in practice, it applies to Auditors, as well as professional services other than Audit.

                 It  is  applicable  to  Senior  Professional  Accountants  in  service,  being  employees  of  listed  entities.  Senior
                 professional accountants in service (“senior professional accountants”) includes directors.

                 NOCLAR takes into account non-compliance that causes substantial harm resulting in serious consequences
                 in financial or non-financial terms.

                 As  per  NOCLAR,  in  exceptional  circumstances,  the  professional  accountant  might  become  aware  of  an
                 imminent breach of a law or regulation that would cause substantial harm to investors, creditors, employees
                 or the general public. Having first considered whether it would be appropriate to discuss the matter with
                 management or those charged with governance of the company, the accountant shall exercise professional
                 judgment and determine whether to disclose the matter immediately to an appropriate authority in order to
                 prevent or mitigate the consequences of  such imminent breach. If  disclosure is made, that disclosure is
                 permitted.

                 CA Rahul, Director-Finance is expected of taking the following action/responses:
                    • Obtaining an Understanding of the Matter.
                    • Addressing the Matter.
                    • Determining Whether Further Action Is Needed.
                    • Seeking Advice.
                    • Determining Whether to Disclose the Matter to an Appropriate Authority.
                    • Imminent Breach.
                    • Documentation.

          QNO     Fundamental Principles & Threats                                     Old Course-- (N16E, N22E)
          780.000  TITANIUM CNO – PE.080
                  The professional accountants need to observe certain fundamental principles, which are covered in the
                  Code of Ethics of the Institute of Chartered Accountants of India. Briefly explain each of the five principles
                  which needs to be complied by the Chartered Accountants?
                  In order to achieve the objectives of the Accountancy profession, professional accountants have to observe
                  a number of prerequisites or fundamental principles. The fundamental principles as discussed in Code of
                  Ethics of ICAI, to be complied, are given below:

                     i)  Integrity – A professional accountant shall comply with the principle of integrity, which requires an
                        accountant to be straightforward and honest in all professional and business relationships. Integrity
                        implies fair dealing and truthfulness.
                     ii)  Objectivity – A professional accountant shall comply with the principle of objectivity, which requires
                        an  accountant  not to  compromise  professional  or  business  judgment  because  of  bias,  conflict  of
                        interest or undue influence of others.
                     iii) Professional Competence and Due Care – A professional accountant shall comply with the principle
                        of professional competence and due care, which requires an accountant to:


                           (a)  Attain and maintain professional knowledge and skill at the level required to ensure that a
                               client or employing organization receives competent professional service, based on current
                               technical and professional standards and relevant legislation; and
                           (b)  act diligently in accordance with applicable technical and professional standards.

                     iv) Confidentiality – A professional accountant shall comply with the principle of confidentiality, which
                        requires  an  accountant  to  respect  the  confidentiality  of  information  acquired  as  a  result  of
                        professional and employment relationships.

                     v)  Professional Behaviour – A professional accountant shall comply with the principle of professional
                        behaviour, which requires an accountant to comply with relevant laws and regulations and avoid any
                        conduct that accountant knows or should know might discredit the profession.


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