RubinBrown Team Member Manual
Section: Engagement Acceptance – Litigation Support & Valuation Services 1201 Risk Management
Policy Title: Policy Number:
Effective Date:
Supersedes Policy Dated:
06/01/2024
06/01/2023
Purpose and Background: The purpose of this policy is to outline the procedures in accepting an engagement to perform litigation support or business valuation services. In general, the principles that guide whether we can accept non-attest work are focused on ensuring that in performing such services we do not put ourselves or the Firm into the position of a conflict of interest (either actual or perceived), or of compromising our independence with attest clients of RubinBrown. Our independence is
compromised when either we as individuals or RubinBrown are put into the position of: Auditing the non-attest work (eg, auditing a valuation of the assets of a client); • Functioning as part of management; • Acting as an advocate for the audit client; • Serving as the promoter of the company stock or other financial interests.
In accepting any non-attest work, we should be in compliance with the provisions of the Sarbanes-Oxley Act and the SEC’s Auditor Independence rules (for public companies), as well as the AICPA’s standards regarding independence under Rule 101-3 (for all attest clients, both public and private). The impact of these regulations on the acceptance of litigation and valuation projects is discussed below. Policies for Engagement Acceptance: Litigation Support and Valuation Services CONFLICT CHECK: Prior to issuing a formal proposal or engagement letter, a new business development email must be routed to the firm identifying the prospective client and services to be provided. If the services are being performed in connection with a transaction or litigation, all parties involved must be disclosed in this email. The purpose of such prior disclosure is to ensure that there are no existing relationships that would present a conflict of interest, and that our prospective client(s) have no integrity or reputation issues that might reflect badly on RubinBrown or negatively impact the outcome of the project. SEC REGISTRANTS: All companies that are SEC registrants are subject to the provisions of the Sarbanes-Oxley Act. This act prohibits a CPA firm from providing certain non-attest services to attest clients; litigation support and valuation services are included in this prohibition. However, there is an exception to this prohibition in the case of valuation services that are performed solely for tax reporting purposes, as long as the results of the valuation have no significant effect on the financial statements of the client.
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