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Mexico Code of Professional Ethics IESBA Meeting New York June 29 – July 1, 2015 Marisa Orbea, IESBA Member

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Page 1: Page 1 | Proprietary and Copyrighted Information Mexico Code of Professional Ethics IESBA Meeting New York June 29 – July 1, 20 15 Marisa Orbea, IESBA

Page 1 | Proprietary and Copyrighted Information

Mexico Code of Professional Ethics

IESBA Meeting

New York

June 29 – July 1, 2015

Marisa Orbea, IESBA Member

Page 2: Page 1 | Proprietary and Copyrighted Information Mexico Code of Professional Ethics IESBA Meeting New York June 29 – July 1, 20 15 Marisa Orbea, IESBA

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Introduction (1)

Date

• 15 June 2010 • The National Executive Committee of the Mexican Institute of Public Accountants agreed to the adoption of the International Standards on Auditing issued by the International Auditing Standards Board of the International Federation of Accountants

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Introduction (2)

• It was performed a comprehensive review to the Code of Professional Ethics which was in force since February 2009, to align its content, fundamentally, with the International Ethics Code issued by IFAC, in June 2009, and in force since 1 January 2011

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Introduction (3)

Date

• 1 January 2012 • It entered into force in Mexico the Code of Professional Ethics issued by the Mexican Institute of Public Accountants taking as starting point the International Ethics Code

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• The Mexican Institute of Public Accountants (hereafter IMCP) is co-founder of the International Federation of Accountants (IFAC), for this reason, the IMCP undertook the task of developing a Code of Ethics that will allow us to deal with new trends and needs, as a result of the development achieved by our profession, as well as harmonize its content with the International Ethics Code developed by IFAC

Introduction (4)

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Reasons for main changes to the Code of Professional Ethics of the IMCP (1)

• The main changes to the current Code of the IMCP are that it was tried to use terminology commonly used in Mexico, eliminating, basically, those paragraphs non applicable or that represented unusual safeguards in the accountancy in Mexico

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Reasons for main changes to the Code of Professional Ethics of the IMCP (2)

• Added provisions included in the previous edition of Mexican code which were considered essential to make it more strict and to strengthen the practice of the accountancy in Mexico

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Additions to the Code of Professional Ethics of the IMCP

IMCP IESBA

• Includes Section D – Public Accountants in Teaching

- Introduction y rules

• Includes Section E – Penalties- Introduction and penalties

• Not included

• Not included

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Main changes to the Code of Professional Ethics of the IMCP

Section A - General application of the Code• The corresponding update to conflicts of interest has not been included yet and

communicating with those charged with governance (100.17, 100.18 y 100.25)

Section B – Public Accountants in Independent Practice• The update to conflicts of interest corresponding to section 220 – Conflicts of

interest

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Main changes to the Code of Professional Ethics of the IMCP

290.35 – Added: d) Document all of the above, including the obtaining of an authorization in writing from the corporate governance of the client

290.121 y 290.122 – Removed the safeguard: unless the loan or the guarantee is not materiality both for a) the firm or member of the audit team and his/her immediate family member b) client

290.126 bis – Added: The independent public accountant, in any case may obtain or pay commissions or fees for referring or receiving a professional work, in relation to an audit client. Only can grant participation in fees or profits from his work, to individuals, firms or associations with whom he shares the professional practice

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Main changes to the Code of Professional Ethics of the IMCP

290.168 – Added: Therefore, a firm shall not provide accounting and/or bookkeeping services to an audit client, including payroll services, or preparation of financial statements or financial information on which the firm will express an opinion, since the threat of self review would be so important that any safeguard could eliminate it or reduce it to an acceptable level

290.171, 290.172, 290.173, 290.174, 290.177, 290.179 y 290.186 intentionally left blank

290.193 – Removed: Determine what constitutes a "court or public court" will be according to how are the audiences of tax procedures in the particular jurisdiction

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Main changes to the Code of Professional Ethics of the IMCP

290.215 –Added: The firm will not provide the following recruitment services to an audit client, which is an entity of public interest with respect to an officer or director of the entity, or to a person of the senior management, whose position allows him/her to exercise significant influence on the preparation of the accounting records of the client or the financial statements on which the firm will express an opinion

• Search or request of candidates for such positions, and

• Performing checks of the references of potential candidates for such positions

291.34 a 291.99 intentionally left blank

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Main changes to the Code of Professional Ethics of the IMCP

290.219 bis – Added: Should not provide services of custody of resources or other assets of an audit client unless permitted by law and, if so, compliance with any additional duties imposed on the Public Accountant in the independent practice who manage these assets. Safeguards contained in paragraphs 270.2 and 270.3 are applicable

The Public Accountant will not be responsible of management of resources or other assets of an audit client, since the threat created would be so important that any safeguard could eliminate it or reduce it to an acceptable level

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