Filters
Question type

Study Flashcards

Cathy is an accountant with Discount Retail Corporation. Efrem buys Discount Retail stock and loses money on the investment. To recover from Cathy under Section 10(b) of the Securities Exchange Act of 1934 and SEC Rule 10b-5, Efrem must prove​


A) ​only the purchase and sale of a security.
B) ​fraud, reliance, materiality, and lack of knowledge about securities.
C) ​fraud, reliance, materiality, and incompetence.
D) ​fraud, reliance, materiality, causation, and scienter.

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

Correct Answer

verifed

verified

April is an accountant whose clients include Bistro Restaurants Inc. If April is negligent in her work for Bistro, most courts would hold her liable to Bistro 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) None of the above
F) A) and B)

Correct Answer

verifed

verified

Accountants are exempt from the criminal provisions of federal tax laws.​

A) True
B) False

Correct Answer

verifed

verified

Delaney is an accountant charged with negligence by Estimation & Valuation Services Inc., a client. Delaney may successfully defend against the claim if he can show that​


A) ​scienter was lacking.
B) ​he complied with all International Financial Reporting Standards.
C) ​the negligence was not the proximate cause of the client's losses.
D) ​the negligence was only contributory.

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

Correct Answer

verifed

verified

Taylor is an accountant whose clients include Universal Metrics Corporation. Vera is Taylor's attorney. Working papers that Taylor develops when preparing financial reports for Universal Metrics are owned by​


A) ​Taylor.
B) ​Universal.
C) ​Vera.
D) ​no one-the papers must be destroyed immediately after use.

E) A) and B)
F) None of the above

Correct Answer

verifed

verified

Negligence cases against professionals often focus on the standard of care exercised by the professional.​

A) True
B) False

Correct Answer

verifed

verified

An accountant's liability under the Securities Act of 1933 does I require privity of contract with the purchaser of a security.​

A) True
B) False

Correct Answer

verifed

verified

Generally, an attorney is not liable to a nonclient unless the attorney has committed fraud or malicious conduct.​

A) True
B) False

Correct Answer

verifed

verified

Under rules of professional conduct, a lawyer should not engage in conduct involving "dishonesty."​

A) True
B) False

Correct Answer

verifed

verified

Nguyen Imports, Inc., accuses Ogilvie, an accountant, of committing defalcation. This is​


A) ​embezzlement.
B) ​general misconduct.
C) ​professional negligence.
D) ​misrepresentation of professional expertise.

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

Correct Answer

verifed

verified

For a plaintiff to recover damages from an accountant under Section 10(b) of the Securities Exchange Act of 1934, ordinary negligence is not enough.​

A) True
B) False

Correct Answer

verifed

verified

In most courts, accountants are subject to liability for negligence only to their clients.​

A) True
B) False

Correct Answer

verifed

verified

Beck is an accountant who prepares her clients' tax returns. Cole is not an accountant, but he also prepares tax returns for clients. Under the Internal Revenue Code, liability for preparing a false return may be imposed on​


A) ​Beck and Cole.
B) ​Beck only.
C) ​Cole only.
D) ​none of the choices.

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

Correct Answer

verifed

verified

Working papers are the documents through which a court orders an accountant to audit a public company.​

A) True
B) False

Correct Answer

verifed

verified

Under federal law, communications between an accountant and his or her client are privileged.​

A) True
B) False

Correct Answer

verifed

verified

Accountants must surrender possession of working papers relating to an audit or review to the party for whom the work was performed.​

A) True
B) False

Correct Answer

verifed

verified

Ailing Company's liabilities exceed its assets. Ailing hires Brad, an accountant, to certify a balance sheet showing a positive net worth. Credit Bank relies on the balance sheet to make a loan to Ailing. The firm defaults on the loan. Under the Ultramares rule, Brad is most likely not liable because he​


A) ​did not owe a duty of care to any third party.
B) ​is not responsible for his client's finances.
C) ​finished his work before Ailing's loan and default.
D) ​was not in privity with the bank.

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

Correct Answer

verifed

verified

Fact Pattern 47-1​ Nelson, an accountant, enters into a contract to provide services to Operational Processes, Inc. (OPI) . Nelson does not finish the work within the contract's deadline. This causes OPI to fail to meet certain other deadlines owed to Prime Bank, which results in the firm's payment of penalties to the bank. -Refer to Fact Pattern 47-1. Nelson is​


A) ​liable for breach of contract.
B) ​not liable, because Nelson is a professional.
C) ​not liable, because Nelson's failure must have been OPI's fault.
D) ​not liable, because the work took longer than foreseen.

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

Correct Answer

verifed

verified

A failure to follow generally accepted accounting principles and generally accepted auditing standards is proof of a lack of due diligence.​

A) True
B) False

Correct Answer

verifed

verified

Professionals are governed by the contracts they enter into with their clients.​

A) True
B) False

Correct Answer

verifed

verified

Showing 41 - 60 of 72

Related Exams

Show Answer