Section § 5060

Explanation

If you want to work as an accountant, your business name has to be truthful and can't mislead people. You must use the same name that's on your official permit. However, if you're a sole proprietor, you can use a different name if the board approves it and it meets the honesty rules. The board can also set rules about which kinds of names are considered deceptive.

(a)CA Business & Professions Code § 5060(a) No person or firm may practice public accountancy under any name which is false or misleading.
(b)CA Business & Professions Code § 5060(b) No person or firm may practice public accountancy under any name other than the name under which the person or firm holds a valid permit to practice issued by the board.
(c)CA Business & Professions Code § 5060(c) Notwithstanding subdivision (b), a sole proprietor may practice under a name other than the name set forth on their permit to practice, provided the name is registered by the board, is in good standing, and complies with the requirements of subdivision (a).
(d)CA Business & Professions Code § 5060(d) The board may adopt regulations to implement, interpret, and make specific the provisions of this section including, but not limited to, regulations designating particular forms of names as being false or misleading.

Section § 5061

Explanation

This law states that accountants in public practice cannot pay or accept fees or commissions just to get or give client referrals, unless a few specific conditions are met. However, if an accountant offers a client's services or products from a third party along with their own services, they can earn a fee, but they must disclose this to the client. They can't take commissions if they're also doing audits, financial statement reviews, or examining future financial projections for that client. Any fees or commissions must be clearly disclosed to clients in writing, including the fee amount and the relationship between parties. The law also allows for accounting practice purchases and retirement payments unaffected by these rules.

(a)CA Business & Professions Code § 5061(a) Except as expressly permitted by this section, a person engaged in the practice of public accountancy shall not: (1) pay a fee or commission to obtain a client or (2) accept a fee or commission for referring a client to the products or services of a third party.
(b)CA Business & Professions Code § 5061(b) A person engaged in the practice of public accountancy who is not performing any of the services set forth in subdivision (c) and who complies with the disclosure requirements of subdivision (d) may accept a fee or commission for providing a client with the products or services of a third party where the products or services of a third party are provided in conjunction with professional services provided to the client by the person engaged in the practice of public accountancy. Nothing in this subdivision shall be construed to permit the solicitation or acceptance of any fee or commission solely for the referral of a client to a third party.
(c)CA Business & Professions Code § 5061(c) A person engaged in the practice of public accountancy is prohibited from performing services for a client, or an officer or director of a client, or a client-sponsored retirement plan, for a commission or from receiving a commission from a third party for providing the products or services of that third party to a client, or an officer or director of a client, or a client-sponsored retirement plan, during the period in which the person also performs for that client, or officer or director of that client, or client-sponsored retirement plan, any of the services listed below and during the period covered by any historical financial statements involved in those listed services:
(1)CA Business & Professions Code § 5061(c)(1) An audit or review of a financial statement.
(2)CA Business & Professions Code § 5061(c)(2) A compilation of a financial statement when that person expects, or reasonably might expect, that a third party will use the financial statement and the compilation report does not disclose a lack of independence.
(3)CA Business & Professions Code § 5061(c)(3) An examination of prospective financial information.
For purposes of this subdivision, “director” means any person as defined under Section 164 of the Corporations Code and “officer” means any individual reported to a regulatory agency as an officer of a corporation. However, “director” and “officer” does not include a director or officer of a nonprofit corporation, or a corporation that meets the board’s definition of small business, as specified by regulation.
(d)CA Business & Professions Code § 5061(d) A person engaged in the practice of public accountancy who is not prohibited from performing services for a commission, or from receiving a commission, and who is paid or expects to be paid a commission, shall disclose that fact to any client or entity to whom the person engaged in the practice of public accountancy recommends or refers a product or service to which the commission relates.
(e)CA Business & Professions Code § 5061(e) The board shall adopt regulations to implement, interpret, and make specific the provisions of this section including, but not limited to, regulations specifying the terms of any disclosure required by subdivision (d), the manner in which the disclosure shall be made, and other matters regarding the disclosure that the board deems appropriate. These regulations shall require, at a minimum, that a disclosure shall comply with all of the following:
(1)CA Business & Professions Code § 5061(e)(1) Be in writing and be clear and conspicuous.
(2)CA Business & Professions Code § 5061(e)(2) Be signed by the recipient of the product or service.
(3)CA Business & Professions Code § 5061(e)(3) State the amount of the commission or the basis on which it will be computed.
(4)CA Business & Professions Code § 5061(e)(4) Identify the source of the payment and the relationship between the source of the payment and the person receiving the payment.
(5)CA Business & Professions Code § 5061(e)(5) Be presented to the client at or prior to the time the recommendation of the product or service is made.
(f)CA Business & Professions Code § 5061(f) For purposes of this section, “fee” includes, but is not limited to, a commission, rebate, preference, discount, or other consideration, whether in the form of money or otherwise.
(g)CA Business & Professions Code § 5061(g) This section shall not prohibit payments for the purchase of any accounting practice or retirement payments to individuals presently or formerly engaged in the practice of public accountancy or payments to their heirs or estates.

Section § 5062

Explanation

When a licensed professional finishes compiling, reviewing, or auditing financial statements, they must create a report that meets professional standards.

A licensee shall issue a report which conforms to professional standards upon completion of a compilation, review or audit of financial statements.

Section § 5062.2

Explanation

This law states that if someone has participated in an audit for a publicly traded company and had a big role in making important decisions during the audit, they cannot take a job with that company or its affiliate for a year after the audit report is released. This is especially the case if the new job would let them have significant control over the company's accounting or financial reporting.

A licensee shall not accept employment with a publicly traded corporation or its affiliate within 12 months of the date of issuance of a financial statement report if both of the following criteria are met:
(a)CA Business & Professions Code § 5062.2(a) The licensee has participated in an audit engagement for the corporation and held responsibility, with respect to the audit engagement, requiring the licensee to exercise significant judgment in the audit process. Responsibilities meeting the requirements of this subdivision include, but are not limited to, positions, however titled, where the licensee was the person in charge of the fieldwork, up through positions where the licensee was a partner on the engagement.
(b)CA Business & Professions Code § 5062.2(b) The employment would permit the licensee to exercise significant authority over accounting or financial reporting, including authority over the controls related to those functions.

Section § 5062.3

Explanation

This law states that in cases where an accounting firm is giving attestation services, even if the firm's owners can't sign the official engagement reports, they are still held responsible just like the accountants who actually did the work.

For purposes of an enforcement action taken by the board, an accounting firm providing attestation services where none of the licensee owners of the firm have authority to sign reports on attest engagements, the licensee owners shall be held to the same level of responsibility as the licensee or licensees who performed the engagement.

Section § 5062.4

Explanation

This law says that if an accountant who worked on a report for a firm leaves that firm, the firm must still give them any documents they worked on if the board asks to see them during an investigation. The accountant must give these documents back when told to and can't keep any copies.

If a licensee is no longer employed with an accounting firm, the accounting firm shall make all working papers available to a licensee who signed a report on an attest engagement upon request by the board for purposes of conducting an investigation. The licensee shall return the working papers upon direction by the board and shall keep no copies.

Section § 5063

Explanation

If you're a licensed accountant in California and you encounter certain legal or professional situations, you must inform the state accounting board within 30 days. You need to report things like felony convictions or if your license gets canceled or suspended. Also, if a client has to redo a financial statement, or if you're involved in a large legal settlement or investigation related to accounting, you should report that too. The rule also covers judgments against you for bad behavior like fraud or negligence. The report should be detailed and signed by you. Remember, you only have to report your own issues, not other accountants'.

(a)CA Business & Professions Code § 5063(a) A licensee shall report to the board in writing of the occurrence of any of the following events occurring on or after January 1, 1997, within 30 days of the date the licensee has knowledge of these events:
(1)CA Business & Professions Code § 5063(a)(1) The conviction of the licensee of any of the following:
(A)CA Business & Professions Code § 5063(a)(1)(A) A felony.
(B)CA Business & Professions Code § 5063(a)(1)(B) Any crime related to the qualifications, functions, or duties of a public accountant or certified public accountant, or to acts or activities in the course and scope of the practice of public accountancy.
(C)CA Business & Professions Code § 5063(a)(1)(C) Any crime involving theft, embezzlement, misappropriation of funds or property, breach of a fiduciary responsibility, or the preparation, publication, or dissemination of false, fraudulent, or materially misleading financial statements, reports, or information.
As used in this section, a conviction includes the initial plea, verdict, or finding of guilt, pleas of no contest, or pronouncement of sentence by a trial court even though that conviction may not be final or sentence actually imposed until appeals are exhausted.
(2)CA Business & Professions Code § 5063(2) The cancellation, revocation, or suspension of a certificate, other authority to practice or refusal to renew a certificate or other authority to practice as a certified public accountant or a public accountant, by any other state or foreign country.
(3)CA Business & Professions Code § 5063(3) The cancellation, revocation, or suspension of the right to practice as a certified public accountant or a public accountant before any governmental body or agency.
(b)CA Business & Professions Code § 5063(b) A licensee shall report to the board in writing the occurrence of any of the following events occurring on or after January 1, 2003, within 30 days of the date the licensee has knowledge of the events:
(1)CA Business & Professions Code § 5063(b)(1) Any restatement of a financial statement and related disclosures by a client audited by the licensee.
(2)CA Business & Professions Code § 5063(b)(2) Any civil action settlement or arbitration award against the licensee relating to the practice of public accountancy where the amount or value of the settlement or arbitration award is thirty thousand dollars ($30,000) or greater and where the licensee is not insured for the full amount of the award.
(3)CA Business & Professions Code § 5063(b)(3) Any notice of the opening or initiation of a formal investigation of the licensee by the Securities and Exchange Commission or its designee.
(4)CA Business & Professions Code § 5063(b)(4) Any notice from the Securities and Exchange Commission to a licensee requesting a Wells Submission.
(5)CA Business & Professions Code § 5063(b)(5) Any notice of the opening or initiation of an investigation by the Public Company Accounting Oversight Board or its designee, as defined pursuant to subdivision (g).
(c)CA Business & Professions Code § 5063(c) A licensee shall report to the board in writing, within 30 days of the entry of the judgment, any judgment entered on or after January 1, 2003, against the licensee in any civil action alleging any of the following:
(1)CA Business & Professions Code § 5063(c)(1) Dishonesty, fraud, gross negligence, or negligence.
(2)CA Business & Professions Code § 5063(c)(2) Breach of fiduciary responsibility.
(3)CA Business & Professions Code § 5063(c)(3) Preparation, publication, or dissemination of false, fraudulent, or materially misleading financial statements, reports, or information.
(4)CA Business & Professions Code § 5063(c)(4) Embezzlement, theft, misappropriation of funds or property, or obtaining money, property, or other valuable consideration by fraudulent means or false pretenses, or other errors or omissions.
(5)CA Business & Professions Code § 5063(c)(5) Any actionable conduct by the licensee in the practice of public accountancy, the performance of bookkeeping operations, or other professional practice.
(d)CA Business & Professions Code § 5063(d) The report required by subdivisions (a), (b), and (c) shall be signed by the licensee and set forth the facts which constitute the reportable event. If the reportable event involves the action of an administrative agency or court, then the report shall set forth the title of the matter, court or agency name, docket number, and dates of occurrence of the reportable event.
(e)CA Business & Professions Code § 5063(e) A licensee shall promptly respond to oral or written inquiries from the board concerning the reportable events, including inquiries made by the board in conjunction with license renewal.
(f)CA Business & Professions Code § 5063(f) Nothing in this section shall impose a duty upon any licensee to report to the board the occurrence of any of the events set forth in subdivision (a), (b), or (c) either by or against any other licensee.
(g)CA Business & Professions Code § 5063(g) The board may adopt regulations to further define the reporting requirements of this section.

Section § 5063.1

Explanation
If someone is convicted or a specific judgment is made against them, the court has to inform a certain board and send them the related documents within 10 days.
Within 10 days of entry of a conviction described in paragraph (1) of subdivision (a) of Section 5063 or a judgment described in subdivision (c) of Section 5063 by a court of this state, the court that rendered the conviction or judgment shall report that fact to the board and provide the board with a copy of the conviction or judgment and any orders or opinions of the court accompanying or ordering the conviction or judgment.

Section § 5063.2

Explanation

If an insurer or surplus broker pays $30,000 or more in a settlement or arbitration award related to a professional licensee, they must report specific details to the board within 30 days. This includes the licensee's name, settlement amount, payment amount, and payee's identity.

Within 30 days of payment of all or any portion of any civil action settlement or arbitration award against a licensee of the board in which the amount or value of the settlement or arbitration award is thirty thousand dollars ($30,000) or greater, any insurer or licensed surplus broker providing professional liability insurance to that licensee shall report to the board the name of the licensee, the amount or value of the settlement or arbitration award, the amount paid by the insurer or licensed surplus broker, and the identity of the payee.

Section § 5063.3

Explanation

This law says that professionals with licenses must keep client information private unless the client gives written permission to share it. However, there are some situations where sharing is allowed without permission, like responding to a court order, protecting themselves in legal actions, complying with government investigations, or during business mergers with proper agreements. If professionals need to share this information for their defense, consultation, or peer reviews, certain disclosures are also permitted. If client information might be disclosed outside the U.S., clients must be informed in writing and agree to it first.

(a)CA Business & Professions Code § 5063.3(a) No confidential information obtained by a licensee, in their professional capacity, concerning a client or a prospective client shall be disclosed by the licensee without the written permission of the client or prospective client, except the following:
(1)CA Business & Professions Code § 5063.3(a)(1) Disclosures made by a licensee in compliance with a subpoena or a summons enforceable by order of a court.
(2)CA Business & Professions Code § 5063.3(a)(2) Disclosures made by a licensee regarding a client or prospective client to the extent the licensee reasonably believes it is necessary to maintain or defend themselves in a legal proceeding initiated by the client or prospective client.
(3)CA Business & Professions Code § 5063.3(a)(3) Disclosures made by a licensee in response to an official inquiry from a federal or state government regulatory agency.
(4)CA Business & Professions Code § 5063.3(a)(4) Disclosures made by a licensee or a licensee’s duly authorized representative to another licensee or person in connection with a proposed sale or merger of the licensee’s professional practice, provided the parties enter into a written nondisclosure agreement with regard to all client information shared between the parties.
(5)CA Business & Professions Code § 5063.3(a)(5) Disclosures made by a licensee to either of the following:
(A)CA Business & Professions Code § 5063.3(a)(5)(A) Another licensee to the extent necessary for purposes of professional consultation.
(B)CA Business & Professions Code § 5063.3(a)(5)(B) Organizations that provide professional standards review and ethics or quality control peer review.
(6)CA Business & Professions Code § 5063.3(a)(6) Disclosures made when specifically required by law.
(7)CA Business & Professions Code § 5063.3(a)(7) Disclosures specified by the board in regulation.
(b)CA Business & Professions Code § 5063.3(b) In the event that confidential client information may be disclosed to persons or entities outside the United States of America in connection with the services provided, the licensee shall inform the client in writing and obtain the client’s written permission for the disclosure.

Section § 5063.10

Explanation

This law says that if a financial statement restatement is already included in reports to the U.S. Securities and Exchange Commission, it doesn't have to be reported again under a California requirement. Additionally, if a financial statement restatement isn't mandated by current board regulations, it doesn't need to be reported either.

(a)CA Business & Professions Code § 5063.10(a) Any restatement of a financial statement that is included in any report filed with the United States Securities and Exchange Commission shall be exempt from the requirement described in paragraph (1) of subdivision (b) of Section 5063.
(b)CA Business & Professions Code § 5063.10(b) Nothing in this section shall be construed to require the reporting of any restatement of a financial statement that is not required to be submitted to the board pursuant to the regulations adopted by the board in effect on the date this section becomes operative.