tailieunhanh - Lecture Business law: The ethical, global, and e-commerce environment (13/e): Chapter 46 - Mallor, Barnes, Bowers, Langvardt

After reading the material in this chapter, you should be able: Understand the duties that securities professionals and accountants owe to their clients and third parties, learn to behave in a manner that prevents you and your firm from incurring liability to clients and third parties. | Corporations History & Nature of Corporations Organizational and Financial Structure of Corporations Management of Corporations 10 McGraw-Hill/Irwin Business Law, 13/e © 2007 The McGraw-Hill Companies, Inc. All rights reserved. Corporations Shareholders’ Rights & Liabilities Securities Regulation Legal & Professional Responsibilities of Auditors, Consultants, and Securities Professionals 10 McGraw-Hill/Irwin Business Law, 13/e © 2007 The McGraw-Hill Companies, Inc. All rights reserved. Legal and Professional Responsibilities of Auditors, Consultants, and Securities Professionals P A E T R H C 46 “Madness in great ones must not unwatched go.” William Shakespeare, Hamlet, Act. 3, Scene 1 Learning Objectives General standard of performance Professional liability to clients Professionals’ liability to third persons Conflicts of interest Limiting professionals’ liability Audit requirements Professional-client privilege 46 - Securities professionals, auditors, and consultants owe their | Corporations History & Nature of Corporations Organizational and Financial Structure of Corporations Management of Corporations 10 McGraw-Hill/Irwin Business Law, 13/e © 2007 The McGraw-Hill Companies, Inc. All rights reserved. Corporations Shareholders’ Rights & Liabilities Securities Regulation Legal & Professional Responsibilities of Auditors, Consultants, and Securities Professionals 10 McGraw-Hill/Irwin Business Law, 13/e © 2007 The McGraw-Hill Companies, Inc. All rights reserved. Legal and Professional Responsibilities of Auditors, Consultants, and Securities Professionals P A E T R H C 46 “Madness in great ones must not unwatched go.” William Shakespeare, Hamlet, Act. 3, Scene 1 Learning Objectives General standard of performance Professional liability to clients Professionals’ liability to third persons Conflicts of interest Limiting professionals’ liability Audit requirements Professional-client privilege 46 - Securities professionals, auditors, and consultants owe their clients a general duty of performance: skill and care Professional must have skill of ordinarily prudent person in her profession Professional must act as carefully as would the ordinarily prudent person in her profession Elements of the General Duty 46 - Auditors, consultants, and securities professionals owe a general duty to their clients and other persons affected by their actions to exercise the skill and care of the ordinarily prudent professional in the same circumstances Professional’s duty to exercise reasonable care is a subset of the negligence standard of tort law Professional must have skill of ordinarily prudent person in her profession Focuses on education or knowledge Professionals are not guarantors that their work is accurate or advice is most wise If clients sue professionals, there are three principal bases of liability: contract, tort, and trust Organizing a professional business to achieve limited liability (., corporation, LLP, LLC) does not isolate .

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