AICPA CPC Sec 1.600-1.800.ppt - 1.600 Advertising and Other Forms of Solicitation Ronald J Blair CPA MBA 1.600.001 Advertising and Other Forms of

AICPA CPC Sec 1.600-1.800.ppt - 1.600 Advertising and Other...

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§1.600 Advertising and Other Forms of Solicitation Ronald J Blair, CPA, MBA
RonBlair, CPA, MBA §1.600.001 Advertising and Other Forms of Solicitation Rule .01 A member in public practice shall not seek to obtain clients by advertising or other forms of solicitation in a manner that is false, misleading, or deceptive . Solicitation by the use of coercion, over-reaching, or harassing conduct is prohibited. 2
RonBlair, CPA, MBA Interpretations Under the Advertising and Other Forms of Solicitation Rule §1.600.005 Application of the Conceptual Framework for Members in Public Practice and Ethical Conflicts .01 In the absence of an interpretation of the “Advertising and Other Forms of Solicitation Rule ” that addresses a particular relationship or circumstance, a member should apply the “Conceptual Framework for Members in Public Practice .02 A member would be considered in violation of the “Advertising and Other Forms of Solicitation Rule if the member cannot demonstrate that safeguards were applied that eliminated or reduced significant threats to an acceptable level . 3
RonBlair, CPA, MBA §1.600.005 Application of the Conceptual Framework for Members in Public Practice and Ethical Conflicts .03 A member should consider the guidance in “Ethical Conflicts ” when addressing ethical conflicts that may arise when the member encounters obstacles to following an appropriate course of action . Such obstacles may be due to internal or external pressures or to conflicts in applying relevant professional and legal standards, or both . 4
RonBlair, CPA, MBA §1.600.010 False, Misleading, or Deceptive Acts in Advertising or Solicitations .01 A member would be in violation of the “Advertising and Other Forms of Solicitation Rule ” if the member’s promotional efforts are false, misleading, or deceptive .” If a member is asked to perform professional services for a client or customer of a third party, the member should determine that the third party’s promotional efforts comply with the “Advertising and Other Forms of Solicitation Rule .” Such action is required because the member will receive the benefits of such efforts by third parties, and members must not do through others what they are prohibited from doing themselves. 5
RonBlair, CPA, MBA §1.600.010 False, Misleading, or Deceptive Acts in Advertising or Solicitations .02 Promotional efforts would be considered false, misleading, or deceptive if they a. create false or unjustified expectations of favorable results . b. imply the ability to influence any court, tribunal, regulatory agency, or similar body or official. (cont’d) 6
RonBlair, CPA, MBA §1.600.010 False, Misleading, or Deceptive Acts in Advertising or Solicitations .02 Promotional efforts would be considered false, misleading, or deceptive if they (cont’d) c. contain a representation that the member will perform specific professional services in current or future periods for a stated fee, estimated fee, or fee range when it was likely at the time of the representation that such fees

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