AccountantsStandards of Professional Conduct
Section § 5060
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.
Section § 5061
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.
Section § 5062
When a licensed professional finishes compiling, reviewing, or auditing financial statements, they must create a report that meets professional standards.
Section § 5062.2
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.
Section § 5062.3
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.
Section § 5062.4
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.
Section § 5063
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'.
Section § 5063.1
Section § 5063.2
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.
Section § 5063.3
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.
Section § 5063.10
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.