§466-10 Prohibited acts. (a) Use of
title "certified public accountant":
(1) Except as otherwise provided in subsection (d) of
this section, no person shall assume or use the title or designation
"certified public accountant" or the abbreviation "CPA" or
any other title, designation, words, letters, sign, card, or device likely to
be confused with "certified public accountant" or "CPA" or
tending to indicate that the person is a certified public accountant, unless
the person holds a current license of certified public accountant issued under
this chapter and a current permit to practice issued under this chapter;
(2) No partnership or corporation shall assume or use
the title or designation "certified public accountant" or the
abbreviation "CPA" or any other title, designation, words, letters,
abbreviation, sign, card, or device likely to be confused with "certified
public accountant" or "CPA" or tending to indicate that such
partnership or corporation is composed of certified public accountants, unless
each of the partners of the partnership who are in the practice of public
accountancy in this State, or each of the shareholders of the corporation who
are in the practice of public accountancy in this State, holds a current
license of certified public accountant issued under this chapter and a current
permit to practice issued under this chapter; and
(3) No person shall assume or use the title or
designation "certified public accountant" or the abbreviation
"CPA" or any other title, designation, words, letters, abbreviation,
sign, card, or device likely to be confused with "certified public
accountant" or "CPA", in conjunction with names indicating or
implying that there is a partnership or corporation, or in conjunction with the
designation "and Company" or "and Co." or a similar
designation if, in any case, there is in fact no bona fide partnership or
corporation existing under the laws of this State.
(b) Use of title "public
accountant":
(1) Except as otherwise provided in subsection (d) of
this section, no person shall assume or use the title or designation
"public accountant" or the abbreviation "PA" or any other
title, designation, words, letters, sign, card, or device likely to be confused
with "public accountant" or "PA" or tending to indicate that
the person is a public accountant unless the person holds a current
registration of public accountant issued under this chapter and a current
permit to practice issued under this chapter;
(2) No partnership or corporation shall assume or use
the title or designation "public accountant" or the abbreviation
"PA" or any other title, designation, words, letters, abbreviation,
sign, card, or device likely to be confused with "public accountant"
or "PA" or tending to indicate that the partnership or corporation is
composed of public accountants, unless each of the partners of the partnership
who are in the practice of public accountancy in this State, or each of the
shareholders of the corporation who are in the practice of public accountancy
in this State, holds a current license of public accountant issued under this
chapter and a current permit to practice issued under this chapter; and
(3) No person shall assume or use the title or
designation "public accountant" or the abbreviation "PA" or
any other title, designation, words, letters, abbreviation, sign, card, or
device likely to be confused with "public accountant" or
"PA", in conjunction with names indicating or implying that there is
a partnership or corporation, or in conjunction with the designation "and
Company" or "and Co." or a similar designation if, in any case,
there is in fact no bona fide partnership or corporation existing under the
laws of this State.
(c) Representation of special knowledge:
(1) No person shall sign or affix the person's name
or any trade or assumed name used by the person in the person's profession or
business with any wording indicating, suggesting, or implying that the person
is an accountant or auditor, or with any wording indicating, suggesting, or
implying that the person has special knowledge in accounting or auditing, to
any opinion or certificate attesting in any way to the reliability of any
representation or estimate in regard to any person or organization embracing:
(A) Financial information, or
(B) Facts respecting compliance with
conditions established by law or contract, including but not limited to
statutes, ordinances, regulations, grants, loans, and appropriations, unless
the person holds a current license and a current permit to practice issued
under this chapter.
(2) No person shall sign or affix a partnership or
corporate name with any wording indicating, suggesting, or implying that it is
a partnership or corporation composed of accountants or auditors or persons
having special knowledge of accounting or auditing, to any opinion or
certificate attesting in any way to the reliability of any representation or
estimate in regard to any person or organization embracing:
(A) Financial information, or
(B) Facts respecting compliance with
conditions established by law or contract, including but not limited to
statutes, ordinances, regulations, grants, loans, and appropriations,
unless each of the partners of the
partnership who are in the practice of public accountancy in this State or each
of the shareholders of the corporation who are in the practice of public
accountancy in this State holds a current license of certified public
accountant or of public accountant issued under this chapter and a current
permit to practice issued under this chapter.
(d) Nothing contained in this chapter shall
prohibit any person:
(1) Who holds a current license of certified public
accountant issued under this chapter from assuming and using the title and
designation "certified public accountant" or "CPA";
provided that if the person does not also hold a current permit to practice
issued under this chapter, the person shall clearly indicate in assuming and
using said title that the person does not hold the person's self out to be in
the practice of public accountancy;
(2) Who holds a current license of public accountant
issued under this chapter from assuming and using the title and designation
"public accountant" or "PA"; provided that if the person
does not also hold a current permit to practice issued under this chapter, the
person shall clearly indicate in assuming and using the title that the person
does not hold the person's self out to be in the practice of public
accountancy;
(3) Who holds a temporary practice permit issued
under this chapter from using the title and designation under which the person
is generally known in the state or country from which the person received a
valid comparable certificate, registration, or license for the practice of
public accountancy;
(4) Who is not a certified public accountant or
public accountant from serving as an employee of, or an assistant to, a
certified public accountant or public accountant; provided that the employee or
assistant works under the control and supervision of a person who holds a
current license of certified public accountant or of public accountant and a
current permit to practice issued under this chapter; and provided further that
the employee or assistant does not issue any statement or report over the
person's name except office reports to the person's employer as are customary,
and that the employee or assistant is not in any manner held out to the public
as a certified public accountant or public accountant;
(5) Who is an officer, employee, partner, or
principal of any organization from signing or affixing the person's name to any
statement or report in reference to the affairs of that organization; provided
that in so signing or affixing the person's name the person shall clearly
indicate that the person is an officer, employee, partner, or principal of the
organization, and the position, title, or office which the person holds
therein;
(6) Who is a public official or public employee from
the performance of the person's duties as such; or
(7) Who is an attorney at law from engaging in
practice as such. [L 1973, c 158, pt of §2; am L 1989, c 110, §11]
