“Board” means the California Board of Accountancy.
AccountantsGeneral Powers and Definitions
Section § 5030
This law simply defines the term "Board" as referring specifically to the California Board of Accountancy.
California Board of Accountancy Board definition Accountancy regulation
Section § 5031
This law section defines the term “Committee” specifically as a committee that's been established according to a specific starting part of the law, beginning at Section 5000. So, whenever you see “Committee” in this part of the law, it refers to a particular group created under those guidelines.
“Committee” means any committee created under the provisions of Article 1 (commencing at Section 5000).
Committee definition Article 1 provisions Section 5000
Section § 5032
The term 'State' can refer to any part of the United States, including territories and the District of Columbia, unless it's talking about California specifically.
“State” when not specifically referring to this State, means any state, territory or insular possession of the United States, or the District of Columbia.
territory insular possession District of Columbia
Section § 5033
A 'certified public accountant' is someone who has been officially recognized by the board with a certificate and has a current permit to practice accounting according to the rules in this chapter.
“Certified public accountant” means any person who has received from the board a certificate of certified public accountant and who holds a valid permit to practice under the provisions of this chapter.
certified public accountant CPA certificate valid permit
Section § 5033.1
In this part of the law, whenever it mentions 'license,' it is also talking about a 'certificate.'
For purposes of this chapter, “license” shall also include “certificate.”
license certificate inclusive definition
Section § 5034
A "public accountant" is someone who has officially registered with the board and has a valid license to practice public accounting.
“Public accountant” means any person who has registered with the board as a public accountant and who holds a valid permit for the practice of public accountancy.
public accountant registered valid permit
Section § 5035
This section explains that the term 'person' can refer to several types of legal entities like individuals, partnerships, firms, associations, limited liability companies, and corporations, unless stated otherwise.
“Person” includes individual, partnership, firm, association, limited liability company, or corporation, unless otherwise provided.
person definition individual partnership
Section § 5035.1
In this context, the term 'firm' refers to a business that can be a sole owner, a company, or a group of partners.
“Firm” means a sole proprietorship, a corporation, or a partnership.
firm definition sole proprietorship corporation
Section § 5035.2
This law defines a 'client' in the context of public accountancy. A client is anyone who receives accounting services or buys financial products, services, or securities at an accountant's practice or through places where the accountant has a significant stake.
“Client”, as used in any context in this chapter, means any person for whom public accountancy services are performed or to whom financial products, financial services, or securities are sold or provided at the licensee’s public accountancy practice or through referral to any other location or business in which the certified public accountant has a material interest.
public accountancy services financial products financial services
Section § 5035.3
This law says that when talking about certain sections dealing with public accountancy, the term 'firm' also covers businesses that are allowed to provide accounting services under the laws of another state.
For purposes of Sections 5054 and 5096.12, “firm” includes any entity that is authorized or permitted to practice public accountancy as a firm under the laws of another state.
firm public accountancy authorized entity
Section § 5036
If a law says that financial reports or documents for a state agency must be prepared by certified public accountants, it means they must be done by someone who has a current license to practice accounting in the state.
Whenever any statute requires that any reports, financial statements, and other documents for any department, division, board, commission, or agency of this state be prepared by certified public accountants, the requirement shall be construed to mean a licensee or licensees with a valid permit to practice public accountancy.
certified public accountants financial reports state agency
Section § 5037
This law explains who owns the documents created when providing public accountancy services. Generally, these documents belong to the accountant, unless there's an agreement saying otherwise. However, the accountant needs the client's consent to give or sell these documents to others. If a client asks, and with reasonable notice, the accountant must provide certain records that the client would normally have, or any records belonging to the client that were taken or received by the accountant. The accountant can keep copies of documents needed for their work.
(a)CA Business & Professions Code § 5037(a) All statements, records, schedules, working papers and memoranda made by a licensee or a partner, shareholder, officer, director, or employee of a licensee, incident to, or in the course of, rendering services to a client in the practice of public accountancy, except the reports submitted by the licensee to the client and except for records that are part of the client’s records, shall be and remain the property of the licensee in the absence of an express agreement between the licensee and the client to the contrary. No such statement, record, schedule, working paper, or memoranda shall be sold, transferred, or bequeathed, without the consent of the client or their personal representative or assignee, to anyone other than one or more surviving partners or stockholders or new partners or
stockholders of the licensee, or any combined or merged firm or successor in interest to the licensee.
(b)CA Business & Professions Code § 5037(b) A licensee shall furnish to their client or former client, upon request and reasonable notice:
(1)CA Business & Professions Code § 5037(b)(1) A copy of the licensee’s working papers, to the extent that those working papers include records that would ordinarily constitute part of the client’s records and are not otherwise available to the client.
(2)CA Business & Professions Code § 5037(b)(2) Any accounting or other records belonging to, or obtained from or on behalf of, the client that the licensee removed from the client’s premises or received for the client’s account. The licensee may make and retain copies of documents of the client when they form the basis for work done by them.
public accountancy client records licensee
Section § 5037.1
This section clarifies that certain parts of the Financial Code don't interfere with a licensee’s existing rights, duties, and obligations under another section, specifically Section 5037.
Nothing in subdivision (k) of Section 17406 of the Financial Code or subdivision (a) of Section 17406.1 of the Financial Code shall be construed to impair or impede a licensee’s rights, duties, and obligations under Section 5037.
licensee rights duties obligations
Section § 5038
This section explains that if any part of this chapter is found to be invalid or cannot be applied to a specific person or situation, the rest of the chapter remains unaffected and still applies to others.
If any provisions of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby.
severability invalid provision application to persons
Section § 5040
This law emphasizes the importance of informing taxpayers about the option to make voluntary donations to certain funds through their state income tax return. It encourages tax preparers, like accountants, to notify their clients in writing about these donation options before completing their tax returns.
The Legislature finds and declares that it is important to inform taxpayers that they may make voluntary contributions to certain funds or programs, as provided on the state income tax return. The Legislature further finds and declares that many taxpayers remain unaware of the voluntary contribution check-offs on the state income tax return. Therefore, it is the intent of the Legislature to encourage all persons who prepare state income tax returns, including accountants, to inform their clients in writing, prior to the completion of any state income tax return, that they may make a contribution to any voluntary contribution check-off on the state income tax return if they so choose.
voluntary contributions taxpayer awareness income tax return
