Formal allegations against Mr. Frank Kelly a member of the Institute, practising as Frank Kelly & Company with an address in Co. Donegal were heard at a hearing before a Disciplinary Tribunal on 12 June 2017. The following findings and orders were made by the Disciplinary Tribunal:
A. The Disciplinary Tribunal found that Mr. Frank Kelly did act in breach of:
- The Institute’s Code of Ethics for Members (2014): Fundamental Principles (c): Professional Competence and Due Care and (e): Professional Behaviour in failing to complete and file a client’s tax return in a timely manner; and
- The Institute’s Disciplinary Bye-Laws by failing to respond to or co-operate adequately with CARB in the course of disciplinary proceedings;
In respect of such findings the Disciplinary Tribunal made an Order that Mr. Kelly be severely reprimanded and fined €1,000 in respect of each Allegation and make a contribution of €3,000 towards the costs of Chartered Accountants Ireland.
B. The Disciplinary Tribunal found that Mr. Frank Kelly did act in breach of:
- The Institute’s Code of Ethics for Members (2014): Fundamental Principles (a) Integrity,(c): Professional Competence and Due Care and (e): Professional Behaviour in failing to comply with a hot file review restriction imposed on his firm on the suspension of its audit registration; and
- The Institute’s Audit Regulation 2.08 and the Institute’s Disciplinary Bye-Law 7 by failing to respond to correspondence from CARB.
In respect of such findings the Disciplinary Tribunal made an Order that Mr. Kelly be excluded from membership of Chartered Accountants Ireland and fined €5,000 in respect of Allegation No.1 and be severely reprimanded and fined €1,000 in respect of Allegation No.2. In addition the Tribunal ordered that Mr Kelly make a contribution of €5,000 towards the costs of Chartered Accountants Ireland.
C. The Disciplinary Tribunal found that Mr. Frank Kelly did act in breach of:
- The Institute’s Code of Ethics for Members (2014): Fundamental Principle (c): Professional Competence and Due Care by acting in breach of the Institute’s Public Practice Regulation 1.28, the Institute’s Audit Regulation 2.10A and the Institute’s Investment Business Regulation1.17 in failing to provide information requested by CARB in relation to his cessation from practice; and
- The Institute’s Disciplinary Bye-Law 7 by failing to respond to correspondence from CARB.
In respect of such findings the Disciplinary Tribunal made an Order that Mr. Kelly be severely reprimanded and fined €1,000 in respect of each allegation. In addition the Tribunal ordered that Mr Kelly make a contribution of €4,000 towards the costs of Chartered Accountants Ireland.
D. The Disciplinary Tribunal found that Mr. Frank Kelly did act in breach of:
- The Institute’s Continuing Professional Development Regulation 6.1 by failing to submit a CPD declaration for 2015:
- The Institute’s Disciplinary Bye-Laws by failing to co-operate with the Institute in the course of the handling of a Disciplinary Matter
In respect of such findings the Disciplinary Tribunal made an Order that Mr. Kelly be reprimanded and fined €1,000 in respect of Allegation No.1 and be severely reprimanded and fined €1,000 in respect of Allegation No.2. In addition the Tribunal ordered that Mr Kelly make a contribution of €4,000 towards the costs of Chartered Accountants Ireland.
Reference: Graham Bloomfield, Gibney Communications
Ph: 01 6610 402