Sanction given to a public accountant

Junta Central de Contadores (Central staff of Accountants).

The following case was taken from the “Junta Central de Contadores” website
(Central staff of Accountants).

The involved is Erik Rene Cabrera who is a public accountant and who was sanctioned
for having, simultaneously, worked as a tax auditor for more than five businesses , such
as 1) PINTURAS DE BOLIVAR S.A, (folio 343), (2) TRANSPORTE Y LOGISTICA
PORTUARIA S.A, (folio 1275), (3) PARQUE INDUSTRIAL TLC DE LAS AMERICAS
S.A, (folio1009) (4) SPANISH TOWN S.A.S (folio 1140) (5) AGENCIA DE ADUANAS
HUBERMAR S.A.S. NIVEL 1 (267), (6) INDUSTRIAS ASTIVIK S.A, (folio 706), (7)
INVERSIONES Y NEGOCIOS S.A, (folio 443), as it is evident in the declarations made
before Dirección de Impuestos y Aduanas Nacionales (DIAN) during the years 2016 and
2017. Regarding the case , his behaviour was classified as a serious offence, given the
social and economic responsibility of his profession as an accountant, in which a tax
audit is where the greatest impact of an accountant’s activity is reflected. For this reason,
the legislator has established it as a public order institution, which involves inspection
and surveillance measures, and whose finality is to control the common practices of a
business, supervise and protect the stakeholders as much as the creditors, the State,
and society in general. Therefore, his behavior cannot be outside the lines of conduct
that regulate his profession. He has been attributed the title of a fraud, upon voluntarily
accepting designations and acting as a tax auditor for more than five joint stock
companies, with full knowledge of the previously stipulated restrictions in Article 215 of
the commercial statute, knowing full well that the violation of said norm is contrary to the
correct execution of an accountant’s profession and, therefore, carries the imposition of
disciplinary consequences according to the Law 43 of 1990.
Once you have analyzed the previous case, respond to the following questions, and
submit them to the course’s discussion forum.

Which principles did the public accountant violate according to the Law 43 of
1990?

How could you avoid this type of behavior keeps on affecting the accounting
practice?

References

Junta Centra de Contadores. (s.f). Sanciones contador. Recuperado el 21 de abril

de 2022. https://sgr.jcc.gov.co:8181/apex/f?p=119%3A1%3A0%3A