Miami Certified Public Accountant Providing Accounting, Tax, Audit and Consulting Services

Compilation Engagement Letter Terms & Conditions

Compilation Engagement Letter Terms & Conditions

The entity name shall be referred to herein as “THE CLIENT”. The following is our standard engagement letter as recommended “Best Practices” by the Florida Board of Accountancy. Execution of this engagement letter confirms your understanding of the terms and objectives of the engagement, nature and limitations of the services we will provide. Either party at any time can terminate this engagement subject to the terms set forth herein with 30 days written notice.

We will compile, from information you provide, the (Frequency) Balance Sheet and the related statements of operations of “THE CLIENT” for the period then ended in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. This engagement will remain in effect for the current year and subsequent years thereafter, unless canceled as discussed in paragraph one above. We will not audit or review such financial statements. We will not review or evaluate internal controls, confirm receivables or other balances with third parties, or observe physical inventory. Our services will be limited to presenting in financial statement form information that management represents to us. You are responsible for the preparation and fair presentation of the financial statements using the accounting standards generally accepted in the United States of America. We will not express an opinion or other form of assurance on such financial statements.

Our report on the annual financial statements of “THE CLIENT” is presently expected to read as follows:

We have compiled the accompanying balance sheet of “THE CLIENT” as of “THE REPORT DATE” and the related statements of income for the year then ended. We have not audited or reviewed the accompanying financial statements and, accordingly, do not express an opinion or provide any assurance about whether the financial statements are in accordance with accounting principles generally accepted in the United States of America.

 

Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America and for designing, implementing, and maintaining internal control relevant to the preparation and fair presentation of financial statements.

Our responsibility is to conduct the compilation in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. The objective of a compilation is to assist management in presenting financial information in the form of financial statements without undertaking to obtain or provide any assurance that there are no material modifications that should be made to the financial statements.

If management elects to omit substantially all disclosures from the financial statements, we will include an additional paragraph that will read as follows:

Management has elected to omit substantially all of the disclosures ordinarily included in financial statements prepared in accordance with U.S. generally accepted accounting principles. If the omitted disclosures were included in the financial statements, they might influence the user’s conclusions about the organization’s assets, liabilities, net assets,  revenue,  and  expenses. Accordingly, the financial statements are not designed for those who are not informed about such matters.

The distribution of our report is restricted to the internal use of the management of your company, and, accordingly, will not be distributed to outside parties to obtain credit or for any other  purpose without our prior express written consent. Our compilation engagement will not be planned or conducted in contemplation of reliance by any other party or  with respect to any specific transaction and is not intended to benefit or influence any other party. Therefore, items of possible interest to a third party may not be specifically addressed or matters may exist that could be assessed differently by a third party.

Our engagement cannot be relied upon to disclose errors, fraud, or other illegal acts that may exist. However, we will inform you of any material errors, fraud or other illegal acts that come to our attention, unless they are clearly inconsequential. In addition, we have no responsibility to identify and communicate significant deficiencies or material weaknesses in your internal controls as part of this engagement, and our engagement cannot be relied upon to disclose the same.

In order for us to complete this engagement, and to do so efficiently, we require unrestricted and timely access to the accounting, banking, tax documents and individuals within your company whom are in accounting or ownership position. Any failure to provide such cooperation, and to do so on a timely engagement. If for any reason we are unable to complete the compilation of your financial statements we will not issue a report on such statements as a result of this engagement.

Mr. Viera is the engagement partner and is responsible for supervising the engagement. Additionally, Mr. Viera is the only authorized employee of Gustavo A Viera PA to:

  • Sign the Accountants Report
  • Sign any original Local, State or Federal Tax Return
  • Sign any other document(s) not specifically listed herein
  • Authorize the release of original or copies of a client’s source documents
  • Authorize the release of original Financial Statements or copies of previously issued Financial Statements
  • Authorize the release of any original Local, State or Federal Tax Return or copies of previously issued Local, State or Federal Tax Return
  • Authorize the release of any original or copies of any other document(s) not specifically listed herein

No documents will be released directly to your attorney, bankers, insurance agents, employee of “THE CLIENT” or other party including Local, State & Federal governmental agencies. All requests shall be addressed to Mr. Viera in writing (email, fax or mail) and the requested documents will be sent to “THE CLIENT” directly. No documents shall be submitted to any third party directly. These requests are handled as expediently as possible. However, circumstances such as vacations or holidays may delay the turnaround time, so please plan accordingly. If Mr. Viera is out of the office, employees are forbidden to release documents for “THE CLIENTS” protection and security. Gustavo A Viera PA reserves the right to charge an additional fee in accordance to the rate sheet below for time incurred responding to these request.

The execution of this engagement is acknowledgement and acceptance the financial statements to be issued are compiled, not audited nor reviewed. We provide clients with auditing, reviews or agreed upon procedures specifically focused on identifying and addressing weaknesses in internal controls (internal control review), and on searching for the existence of fraud within your company (fraud audit). These services are at an additional costs associated with much higher and different levels of service and scrutiny.

You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the Company involving (a) management (b) employees who have significant roles in internal control, and (c) others where the fraud could have a material effect on the financial statements. You are also responsible for informing us of your knowledge of  any  allegations  of  fraud  or  suspected  fraud  affecting  the  Company, will impede our services, and may require  us  to  suspend  our  services  or  withdraw  from  the engagement. communications from employees, former employees, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws and regulations. Furthermore, you are responsible for management decisions and functions, for designating a competent employee to oversee any of the services we provide, and for evaluating the adequacy and results of those services.

Our fees for this engagement are not contingent on the results of our services. Rather, our fees for this engagement will be based as set forth engagement.

In the event that you wish to expand the scope of the engagement, we will be happy to discuss your needs and amended both the scope and fees accordingly. A revised engagement letter will be drafted with desired changes, and the Monthly Fee adjusted accordingly. We reserve the right to increase our hourly rates, which may have an impact on our fees as stated on the attached rate sheet, as well as the Monthly Fee.

Invoices are due upon receipt and either debited from a bank account or charged to a debit/credit card. In the absence of a written objection to any invoice within 21 days of the invoice date, you will be deemed to have accepted and acknowledged, as correct, the services rendered as described in the invoice and the value thereof.

We reserve the right to suspend our services or to withdraw from this engagement in the event that any of our invoices are deemed delinquent. If we elect to terminate our services for nonpayment, or for any other reason provided for in this letter, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report. You will be obligated to compensate us for all time expended, and to reimburse us for all of our out-of-pocket costs, through the date of termination.

In connection with this engagement, we may communicate with you or others via email transmission. As emails can be intercepted and read, disclosed, or otherwise used or communicated by an unintended third party, or may not be delivered to each of the parties to whom they are directed and only to such parties, we cannot guarantee or warrant that emails from us will be properly delivered and read only by the addressee. Therefore, we specifically disclaim and waive any liability or responsibility whatsoever for interception or unintentional disclosure of emails transmitted by us in connection with the performance of this engagement so long as said emails were initially addressed correctly by us. In that regard, you agree that we shall have no liability for any loss or damage to any person or entity resulting from the use of email transmissions, including any consequential, incidental, direct, indirect, or special damages, such as loss of revenues or anticipated profits, or disclosure or communication of confidential or proprietary information, so long as said emails were initially addressed correctly by us.

It is our policy to retain engagement documentation for a period of seven years, after which time we will commence the process of destroying the contents of our engagement files. To the extent we accumulate any of your original records during the engagement, those documents will be returned to you promptly upon completion of the engagement via certified mail, return receipt requested. The balance of our engagement file, other than the compiled financial statement, which we will provide to you at the conclusion of the engagement, is our property, and we will provide copies of such documents and if compensated for any time and costs associated with the effort.

In the event we are required to respond to a subpoena, court order or other legal process for the production of documents and/or testimony relative to information we obtained and/or prepared during the course of this engagement, you agree to compensate us at our hourly rates, as set forth above, for the time we expend in connection with such response, and to reimburse us for all of our out-of-pocket costs incurred in that regard.

In the event that we are or may be obligated to pay any cost, settlement, judgment, fine, penalty, or similar award or sanction as a result of a claim, investigation, or other proceeding instituted by any third party, then to the extent that such obligation is or may be a direct or indirect result of your intentional or knowing misrepresentation or provision to us of inaccurate or incomplete information in connection with this engagement, and not any failure on our part to comply with professional standards, you agree to indemnify us, defend us, and hold us harmless as against such obligations.

You agree that any dispute (other than our efforts to collect an outstanding invoice) that may arise regarding the meaning, performance or enforcement of this engagement or any prior engagement that we have performed for you, will, prior to resorting to litigation, be submitted to mediation, and that the parties will engage in the mediation process in good faith once a written request to mediate has been given by any party to the engagement. Any mediation initiated as a result of this engagement shall be administered within the county of Miami-Dade Florida, by Mediation Services Inc. according to its mediation rules, and any ensuing litigation shall be conducted within said county, according to Florida law. The results of any such mediation shall be binding only upon agreement of each party to be bound. The costs of any mediation proceeding shall be shared equally by the participating parties.

Any litigation arising out of this engagement, except actions by us to enforce payment of our professional invoices, must be asserted within one year from the date any such cause of action accrues, or within three years from the completion of the engagement, whichever is earlier, notwithstanding any statutory provision, including any one or more applicable statute of limitation to the contrary.

This engagement letter is contractual in nature, and includes all of the relevant terms that will govern the engagement for which it has been prepared. The terms of this letter supersede any prior oral or written representations or commitments by or between the parties. Any material changes or additions to the terms set forth in this letter will only become effective if evidenced by a written amendment to this letter, signed by all of the parties. If you would like us to provide you with any other services not specifically outlined in this engagement letter or attached rate sheet, you must make that request of us in writing. If we agree to provide the requested additional services, we will create a separate engagement letter specifically addressing the same, and that engagement letter, upon your signature, will govern our provision of those additional services.

If, after full consideration and consultation with counsel if so desired, you agree that the foregoing terms shall govern this engagement, please sign the copy of this letter in the space provided and return the original signed letter to me, keeping a fully-executed copy for your records.

Hourly Rates:

  • Gustavo A Viera                            $250 an Hour
  • Daivisi Viera                                   $175 an Hour
  • Ekaterina Parra                              $125 an Hour
  • Admin/Clerks                                $  50 an Hour

About 

Gustavo A Viera is the managing partner of Gustavo A Viera, PA. His experience spans more than 25 years. He started his career in public accounting at PriceWaterHouseCoopers where reached the level senior audit manager. His Fortune 500 experience includes positions as CFO – Latin America Region for both Hewlett Packard and Telefonica of Spain. Gustavo also writes a blog twice a week that addresses trending accounting and tax issues. He is an SBA Advisor and teaches workshops for aspiring entrepreneurs. His office is located at One Alhambra Plaza Floor PH Coral Gables FL 33134, and is admitted to practice in the State of Florida as a licensed Certified Public Accountant. Gus welcomes questions and he can be reached at 786-250-4450.

/* ]]> */