Are You Taking in Good Faith?
๐ 2026 Update: Changes in Ethical Standards and Business Practices
Since the original article was published, there have been important updates in the fields of ethics and business practices. These changes aim to improve firm culture and governance, particularly for accountants and businesses. The earlier article continues further down the page, providing foundational information on good faith in business.
๐งโโ๏ธ New Ethics Standards for Accountants
In June 2026, the International Ethics Standards Board for Accountants (IESBA) announced an update to its International Code of Ethics for Professional Accountants. This update focuses on firm culture and governance. It aims to create a strong ethical foundation in accounting firms.
An exposure draft will be available in December 2026, with final approval expected by the end of 2027.
๐ Surveys on CFO Roles
February 2026 marked the beginning of global surveys by IESBA to understand the evolving role of Chief Financial Officers (CFOs). These surveys are part of the Role of CFOs initiative. They aim to identify ethical challenges CFOs face in today's business environment, helping firms navigate complex situations.
โ๏ธ Ethical Standards in Private Equity
In March 2026, IESBA started analyzing the impact of private equity investments in accounting firms. This analysis focuses on the ethical and independence implications of such investments. The goal is to determine if new standards are necessary for alternative practice structures.
๐ Legal Resources on AI Ethics
As of April 2026, the Massachusetts Trial Court Law Libraries updated their collection to include resources on artificial intelligence ethics. These new materials will help attorneys understand the ethical issues tied to technology, which is increasingly relevant in business law.
๐ Key Points Summary
- ๐งโโ๏ธ IESBA updates focus on firm culture and governance.
- ๐ Surveys evaluate the role and ethics of CFOs.
- โ๏ธ Analyzing private equity's impact on accounting ethics.
- ๐ New legal resources on AI ethics available for attorneys.
๐ก Tips for Understanding Good Faith in Business
It's important to discuss your specific situation with an attorney.
๐ Understand Current Ethics Standards
Stay informed about the latest ethical standards from IESBA. Knowing these can help you maintain a strong ethical culture in your business.
๐ Keep Track of Deadlines
Be aware of important deadlines, such as the IESBA's planned exposure draft in December 2026. Timely awareness can help ensure compliance with new ethical guidelines.
๐ Evaluate CFO's Ethical Role
Consider how your CFO is addressing ethical challenges. Regular assessments can help maintain integrity in financial practices and decision-making.
๐ Utilize Available Resources
Take advantage of the updated legal resources from the Massachusetts Trial Court Law Libraries. These materials can provide guidance on navigating complex ethical situations.
๐งโ๐คโ๐ง Foster Open Communication
Encourage an open dialogue about ethics within your organization. This can help identify potential ethical dilemmas early and promote a culture of compliance.
๐ Free Options Ranked by User Reviews (2026)
No national paid services met the review threshold for this topic. Therefore, this section highlights free government and nonprofit resources available to assist with business ethics and compliance.
๐ฅ 1. Massachusetts Trial Court Law Libraries
The Massachusetts Trial Court Law Libraries offer free access to various legal resources. This includes materials on artificial intelligence ethics, which are essential for professionals navigating technology in business. These resources help ensure that legal practitioners remain compliant with current ethical standards.
๐ฅ 2. IESBA Resources
The IESBA provides updates and resources on the International Code of Ethics for Professional Accountants. These materials help firms understand new ethical guidelines and their implications. Accessing these resources can assist businesses in maintaining ethical practices and compliance with international standards.
๐ฅ 3. SEC Sustainability Report
The SEC's sustainability report emphasizes the importance of business ethics and compliance. It includes guidelines for ethical behavior and defines prohibited conduct. This resource is beneficial for businesses looking to enhance their ethical practices.
4๏ธโฃ AngloGold Ashanti Speak-Up Program
AngloGold Ashanti's Speak-Up program allows employees to report misconduct confidentially. This program is crucial for fostering a culture of integrity within organizations. It helps businesses address issues like fraud and corruption effectively.
๐ What to Check Before Paying for Help
- ๐ Review the credibility of the provider.
- ๐ Ensure they offer relevant resources for your needs.
- ๐ฌ Look for user feedback about their services.
- ๐ฒ Confirm that there are no hidden fees.
โ Frequently Asked Questions
โ What is the importance of firm culture in business ethics?
Firm culture plays a critical role in shaping ethical behavior within an organization. A strong culture promotes compliance and integrity, helping firms avoid misconduct.
๐ How can I report unethical behavior in my business?
You can report unethical behavior through established internal channels or programs, such as a Speak-Up program. This allows for confidential reporting and investigation of misconduct.
๐ What are the new IESBA initiatives?
IESBA has launched several initiatives, including surveys on the role of CFOs and updates to the International Code of Ethics. These initiatives aim to enhance ethical standards in accounting.
๐ผ How do private equity investments affect ethical standards?
Private equity investments can introduce ethical challenges for accounting firms. IESBA is currently analyzing the implications of these investments to determine if new standards are needed.
๐ Where can I find resources on AI ethics for attorneys?
The Massachusetts Trial Court Law Libraries provide updated resources on artificial intelligence ethics. These materials are available for free to assist legal practitioners.
โ๏ธ Why is ethics important in financial decision-making?
Ethics is crucial in financial decision-making as it ensures integrity and compliance. Ethical practices help build trust with stakeholders and promote long-term success.
โ๏ธ Recent Cases Related to Good Faith in Business
Recent court rulings have highlighted the ongoing importance of ethics in business practices. These rulings address various aspects of good faith, underscoring its role in maintaining integrity.
- Court dismisses Cherokee Construction appeal after settlementArmed Services Board of Contract Appeals ยท April 9, 2026
- Court rules in favor of PAE Aviation in contract disputeArmed Services Board of Contract Appeals ยท April 8, 2026
- Goodwill Industrial Services wins $446,385 from governmentArmed Services Board of Contract Appeals ยท April 7, 2026
- Court rules on Shoreline Foundation's contract disputesArmed Services Board of Contract Appeals ยท April 6, 2026
For more information, you can browse more rulings on the news page.
End of October 2026 Update
Taking in good faith is a requirement for a given holder of a negotiable instrument to be considered a holder in due course (HDC), and is one of the simultaneously more moral elements of the Uniform Commercial Code. It is also one of the more debatable and troublesome elements. This is because an HDC who takes goods or negotiable instruments in good faith cannot be held accountable for those goods or instruments.
The HDC can retain those goods and instruments even if it can be shown that they were transferred to the HDC from a party that did not obtain them in good faith. This is designed to protect the HDC from culpability for theft or other actions which it did not actually take, but profited from indirectly through a transaction in good faith.
For a given party to be dealing in good faith, that party must exhibit a clear intent to perform a legitimate transaction without any knowledge of the potential illegitimacy of the goods or negotiable instruments being sold by another party.
If the party did bear any knowledge of the illegitimacy of the negotiable instrument or had any reason to suspect the overall legitimacy of the transaction, then it could not be held as an HDC, as it would not have been dealing in good faith. The only way for a given party to obtain status of dealing in good faith is for that party to have genuinely had no idea that there was any illegitimacy in the negotiable instruments.
As an example, if a given party attempting to purchase or otherwise obtain a negotiable instrument was presented with the desired negotiable instrument and it clearly seemed to feature a forged signature or other means of falsification, then a party dealing in good faith would be obligated not to go through with the deal. If the party did go through with the deal and purchase an obviously falsified negotiable instrument, that party would be forfeiting any status as an HDC.
The good faith of any given party can be taken advantage of, however. This is the primary means for manipulating the HDC doctrine for deceptive gain. A party which is sold a negotiable instrument in good faith could not be held responsible for the previous illegitimate dealings of the seller, and as a result, the HDC doctrine would kick in, insulating the buying party from any repercussions, while the seller is no longer involved with the negotiable instrument and cannot be sued for any form of restitution. That seller would likely not have been dealing in good faith when the seller originally obtained the negotiable instrument, either through theft or through deception.
But there is no way for the buyer to know that unless the deceptive practices are clearly obvious or the situation is all too suspicious. For example, if someone steals a check out of someone else's wallet and cashes it at a bank, then, assuming that the signatures on the check are not obviously forged, it will be very difficult for the bank to determine that the check is illegitimate. The bank will, thus, honor the check when presented.