| Summary: | 碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 99 === Financial statement is the best index to reflect the result of a business’ operation. Therefore, with today’s bustling economy and progressively complicated financial transactions, the user has given CPA increasingly important responsibilities and more expectations. Once a business fails, the CPA will be held responsible in addition to the company’s management. Although the failure of a business is not equivalent to the failure in auditing, the financial statements audited by such CPA will be checked under the microscope once a business fails. Therefore, whether an CPA have fulfilled the “duty of care” in his or her profession and the allocation of the burden of proof will be important in judging the legal responsibility of the CPA.
This article will divide the legal responsibilities of the CPA into criminal, civil, and administrative areas (including disciplinary actions). In terms of criminal responsibility of an accountant, there will be discussion on the subjective and objective conditions necessary to establish a crime, as well as the analysis on regulations of criminal law and economic criminology. In terms of civil responsibility of an accountant, there will be discussion on Securities Exchange Act, and Certified Public Accountant Act; the claimant, the party liable for damages and the burden of proof for indemnification, and the analysis and calculation of the amount of damages. In terms of administrative responsibility of an accountant, there will be discussion on the disciplinary action from regulatory bodies and the Certified Public Accountant’s Discipline Committee, as well as the administrative remedy procedure. In addition, concrete cases will be provided where the business fails, and the court’s verdict and interpretation of the accountant’s responsibility will help the reader in their understanding of the case.
CPA is regarded as the guardian of the financial statement. The execution of auditing has a great impact on social justice. Therefore, the world will impose high expectation on an accountant. As a result, an accountant shall be compliant to the legal rules, even more so in terms of social duty. However, the user of the financial statement or the regulatory bodies cannot put more legal responsibilities on an account without a reasonable limit nor hold an accountant liable as a substitute for the failure of a business. This article aims to provide an explanation to the legal responsibilities of an accountant for writing a false financial statement, as well as give thought on areas where the rules are not that clear in the hope that this can be used as a reference in the future.
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