Chartered Accountants Carry the Torch - The Institute of Chartered ...
Chartered Accountants Carry the Torch - The Institute of Chartered ...
Chartered Accountants Carry the Torch - The Institute of Chartered ...
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Always Read <strong>the</strong> Fine Print in Your Insurance<br />
Policy<br />
Have you ever signed a contract only to find<br />
out months later that you didn’t get everything<br />
that you thought you were getting? This can be<br />
<strong>the</strong> case when you are purchasing pr<strong>of</strong>essional<br />
liability insurance (PLI) for your accounting<br />
practice.<br />
In order to protect <strong>the</strong> public, your <strong>Institute</strong><br />
requires that all public accounting firms<br />
carry pr<strong>of</strong>essional liability insurance with <strong>the</strong><br />
following minimum PLI limits:<br />
• $1 million where one member practises<br />
public accounting;<br />
• $1.5 million where two or three members<br />
practise public accounting;<br />
• $2 million where four or more members<br />
practise public accounting.<br />
PLI is required to pay out awards to an<br />
injured party in <strong>the</strong> event that <strong>the</strong> member or<br />
firm has been found to be at fault.<br />
It is important that members and firms<br />
carefully review all <strong>of</strong> <strong>the</strong> provisions on <strong>the</strong><br />
insurance contract to be certain that it provides<br />
you with <strong>the</strong> coverage you require. Some <strong>of</strong> <strong>the</strong><br />
inconsistencies that we have noticed include <strong>the</strong><br />
following examples:<br />
1. If <strong>the</strong> limit <strong>of</strong> <strong>the</strong> liability includes defense<br />
costs it could mean that a good portion, if<br />
not all, <strong>of</strong> <strong>the</strong> insurance could be used to<br />
pay <strong>the</strong> defense costs <strong>of</strong> <strong>the</strong> claim ra<strong>the</strong>r<br />
than being used to pay out an award to <strong>the</strong><br />
injured party. This is not consistent with <strong>the</strong><br />
minimum PLI requirements and would leave<br />
you exposed for any shortfall.<br />
2. An insurance provider may decide to exclude<br />
certain high risks clients such as public<br />
companies from coverage by your insurance<br />
policy.<br />
Don’t Miss <strong>the</strong> CPD Deadline<br />
Report on-line today at www.icam.mb.ca!<br />
<strong>The</strong> CPD Reporting deadline for CPD completed in 2009 is March 31, 2010. This marks <strong>the</strong><br />
end <strong>of</strong> <strong>the</strong> first three year reporting cycle. Members must meet <strong>the</strong> annual requirement for<br />
2009 as well as <strong>the</strong> requirements for <strong>the</strong> three year cycle (if applicable) ending December 31,<br />
2009.<br />
•<br />
•<br />
•<br />
Each member must complete a minimum <strong>of</strong> 20 hours annually.<br />
Each member must complete a minimum <strong>of</strong> 120 hours in each three year rolling cycle<br />
(commencing January 1, 2007), including a minimum <strong>of</strong> 60 hours verifiable.<br />
Members living outside Manitoba are required to submit a declaration indicating you<br />
have reported to ano<strong>the</strong>r provincial institute or foreign accounting body. If you are not<br />
reporting elsewhere you must report detailed hours to <strong>the</strong> Manitoba <strong>Institute</strong>.<br />
REMEMBER - you do NOT need to report courses that you attended at <strong>the</strong> <strong>Institute</strong>’s<br />
CA Learning Centre because your CPD was automatically updated when you signed <strong>the</strong><br />
attendance sheet.<br />
Go to <strong>the</strong> <strong>Institute</strong>’s website at www.icam.mb.ca and under <strong>the</strong> Pr<strong>of</strong>essional Development<br />
drop-down menu select Continuing Pr<strong>of</strong>essional Development and <strong>the</strong>n click on Report CPD<br />
Hours. Review <strong>the</strong> instructions for <strong>the</strong> on-line CPD reporting system and report your hours!<br />
A copy <strong>of</strong> <strong>the</strong> CPD Reporting Form can be downloaded from <strong>the</strong> website for you to complete<br />
and return to <strong>the</strong> <strong>Institute</strong>. Or, you can request a copy <strong>of</strong> <strong>the</strong> reporting form by contacting <strong>the</strong><br />
<strong>Institute</strong> at 942-8248 or icam@icam.mb.ca.<br />
Explanations about exemptions and verifiable vs. unverifiable PD are available at www.icam.<br />
mb.ca > Pr<strong>of</strong>essional Development > Continuing Pr<strong>of</strong>essional Development > Report CPD<br />
Hours.<br />
CPD Reporting Deadline is March 31, 2010!<br />
Please ensure that <strong>the</strong>re are no such<br />
exclusions in your policy.<br />
3. Some insurance providers restrict coverage<br />
for services performed prior to <strong>the</strong> inception<br />
<strong>of</strong> a policy. While this may seem reasonable<br />
on <strong>the</strong> surface, policies for pr<strong>of</strong>essional<br />
liability insurance are written on a claimsmade<br />
basis. This means that a lawsuit made<br />
today could be for services provided as far<br />
back as six years ago and if your policy does<br />
not provide coverage for your prior acts;<br />
<strong>the</strong>re will be no coverage for <strong>the</strong> claim even<br />
though you had a policy in force at <strong>the</strong> time<br />
<strong>the</strong> services were rendered. <strong>The</strong>refore; your<br />
policy must provide full prior acts coverage.<br />
4. Since policies are written on a claims-made<br />
basis, <strong>the</strong> <strong>Institute</strong> requires that insurance<br />
be carried for a minimum <strong>of</strong> six years after<br />
a member dies, or ceases to practice. If you<br />
are a partner in a firm; <strong>the</strong> firm usually<br />
continues to carry insurance for retired<br />
partners and former partnership throughout<br />
this six-year period. However, if a sole<br />
practitioner retires, he/she must continue to<br />
carry pr<strong>of</strong>essional liability insurance for <strong>the</strong><br />
six-year discovery period. Please ensure that<br />
your policy provides coverage for this entire<br />
period.<br />
5. Many insurance providers indicate that<br />
<strong>the</strong>y provide worldwide coverage; however,<br />
upon more careful review <strong>of</strong> your policy you<br />
may find that coverage is only available if<br />
<strong>the</strong> suit is brought within North America<br />
and Bermuda. Generally, if <strong>the</strong> Canadian<br />
CA is doing work outside Canada, which is<br />
happening more frequently as CAs work in<br />
<strong>the</strong> global marketplace, any ensuing lawsuit<br />
would be brought within <strong>the</strong> country where<br />
<strong>the</strong> services were performed.<br />
It is your responsibility to ensure that your<br />
policy provides <strong>the</strong> coverage required for you to<br />
meet <strong>the</strong> <strong>Institute</strong>’s mandatory insurance by-laws<br />
that have been put in place to protect <strong>the</strong> public.<br />
Always read <strong>the</strong> fine print in your insurance<br />
contract. That way you will not be surprised if<br />
you ever face <strong>the</strong> unfortunate situation <strong>of</strong> having<br />
to make a claim under your policy.<br />
This article was written by Gary Hannaford, FCA,<br />
Chair <strong>of</strong> <strong>the</strong> pr<strong>of</strong>ession’s Public Trust Committee<br />
and Justine Bond, CEO <strong>of</strong> AICA Services Inc.<br />
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