A Research Opon Legal Liabilities of CPA Audit Activities － Focus on Local Judgement and Precedent
Date Issued
2006
Date
2006
Author(s)
Lien, Yuan-Lung
DOI
zh-TW
Abstract
On January 11 of 2006, the amendment of the Security Exchange Act about the external auditor’s civil liability has been put into force. In addition, the amendment of the Certified Public Accountant Act (called the CPA Act）proposed by The Executive Yuan is canvassed in the Legislative Yuan, if the amendment is adopted, there will be a definite framework of the auditor’s liability. Because the amendment of the CPA Act may possibly enforce CPAs to take out the liability insurance, and the Investors Protection Center may take actions of false financial statement forwardly, the CPAs will face heavy pressure of litigation in the future.
The liability of CPAs is a matter involved in different subjects. The domestic research stresses introduction of the U.S. cases and the legislation policy choice. The collation of related judicial practical is lacking. The dissertation collates seven judgments about CPAs’ liability and also introduces several cases about management fraud to develop the judicial points of view in such cases and to provide suggestions for CPAs.
The first chapter of this dissertation introduces the research motive and research conclusion in advance. The following two chapters, “the Arising Process of Financial Statement” and “the auditing of Financial Statement”, introduce the auditing objects, the auditing process, several considerable issues and the judicial points of view. The following chapter, “False Financial Statement and Auditing Fail”, is a turning point from accounting to law, discusses such concepts by judicial decisions, and finds that the court didn’t consider the compliance of GAASs being a absolute reason to prevent liability. The last two chapters, “the General Civil Liability of CPAs” and “the CPAs’ Legal Liability under the Security Exchange Act”, allocate the civil liability, the criminal liability of CPAs, and the leading cases in U.S. to compare with domestic judgments. It is obviously that the court didn’t let the CPAs take the heavy burden on the basis of the concept of equity. And this appearance may change after the amendment of the Security Exchange Act has been taken into force. The dissertation also defines the causation in order to let CPAs take reasonable liability.
Subjects
審計失敗
Liabilities of CPA
Auditing Fail
SDGs
Type
other
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