Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2010 - Missouri State Board of Accountancy › Chapter 3 - Professional Ethics-Rules of Conduct › Section 20 CSR 2010-3.060 - Other Responsibilities and Practices

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The amendment clarifies the methods in which
				  the board may deliver communication to a licensee.
(1) A licensee shall not commit any act that
				reflects adversely on his or her or the firm's fitness to engage in the
				practice of public accounting.
(2)
				A licensee shall be determined to have committed an act which reflects
				adversely on his or her or the firm's fitness to engage in the practice of
				public accounting if he or she or the firm fails to comply with a rule adopted
				by the board for the purpose of implementing the provisions of sections
				326.280
				to
				326.289,
				RSMo, or with any order issued pursuant to either of the previously mentioned
				sections.
(3) A licensee shall not
				permit others to carry out on his or her or the firm's behalf, either with or
				without compensation, acts which, if carried out by the licensee, would place
				him or her or the firm in violation of the rules of conduct.
(4) A licensee shall not use or participate
				in the use of any form of public communication having reference to his or her
				or the firm's professional services which contains a false, fraudulent,
				misleading, deceptive, or unfair statement or claim.
(5) A licensee, by any direct personal
				communication, shall not solicit an engagement to perform professional services
				if the communication would violate section (4) of this rule if it were a public
				communication or by the use of coercion, duress, compulsion, intimidation,
				threats, overreaching, or vexatious or harassing conduct.
(6) A licensee shall not practice public
				accounting under a firm name which is misleading in any way, as to the legal
				form of the firm, or as to the persons who are partners, members, managers,
				officers, directors or shareholders of the firm, partnership, limited liability
				company or professional corporation, as the case may be or as to any matter
				with respect to which public communications are restricted by section (4) of
				this rule. However, names of one (1) or more past partners, members or
				shareholders may be included in the firm name of a partnership, limited
				liability company, or professional corporation or its successor, and a partner
				surviving the death or withdrawal of all other partners may continue to
				practice under a partnership name for up to two (2) years after becoming a sole
				practitioner.
(7) A licensee, when
				requested, shall respond to communications from the board within thirty (30)
				days of hand delivery, verified electronic mail (read receipt), or mailing of
				these communications by registered or certified mail.
(8) A licensee has an obligation to assist
				other practitioners in complying with the code of professional responsibilities
				and shall assist the board and other appropriate disciplinary authorities in
				enforcing the statutes and all rules promulgated by the board.
(9) When testifying as an expert witness in a
				judicial proceeding or properly constituted inquiry, a licensee shall be candid
				even though his or her testimony may be damaging to another licensee.
(10) If a licensee lacks the expertise
				necessary to render to a client services which require highly specialized
				knowledge, the licensee should obtain assistance from another licensee or refer
				the engagement to another with the technical expertise for the
				engagement.
(11) A licensee shall
				comply with any accounting record retention requirements in the professional
				standards of the most current American Institute of Certified Public
				Accountants (AICPA), 220 Leigh Farm Road, Durham, NC 27707 or
http://www.aicpa.org
, Code of
				Professional Conduct (June 1, 2012), which is incorporated by reference in this
				rule, and any other governmental or regulatory agency, which may regulate
				client business or use the licensee's report to evaluate the client's
				compliance with applicable laws and related regulations. This rule does not
				incorporate any subsequent amendments or additions. However, documentation or
				working papers required by professional standards for attest services, for
				present or former clients, shall be maintained in paper or electronic format by
				a licensee or permit holder for a period of not less than four (4) years from
				the date of any report issued in connection with the attest service. Failure to
				maintain such documentation or working papers may be deemed an admission that
				they do not comply with professional standards.
(12) The provisions of this rule are declared
				severable. If any provision of this rule is held invalid by a court of
				competent jurisdiction, the remaining provisions of this rule shall remain in
				full force and effect, unless otherwise determined by a court of competent
				jurisdiction to be invalid.
*Original authority: 326.271, RSMo 2001, amended 2002;
					 326.280, RSMo 2001, amended 2002; and 326.289, RSMo 2001, amended 2002,
					 2008.