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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 />

FOLIO 3

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