Mo. Code Regs. tit. 20 § 2010-3.060
Current through Register Vol. 49, No. 20, October 15, 2024
Section 20 CSR 2010-3.060 - Other Responsibilities and PracticesPURPOSE: 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. AUTHORITY: sections 326.271, 326.280, and 326.289, RSMo Supp. 2012.* This rule originally filed as 4 CSR 10-3.060. Original rule filed July 3, 1975, effective Aug. 25, 1975. Amended: Filed Sept. 13, 1978, effective Jan. 13, 1979. Amended: Filed Oct. 16, 1979, effective Feb. 11, 1980. Amended: Filed July 15, 1985, effective Dec. 12, 1985. Amended: Filed April 1, 1986, effective July 11, 1986. Amended: Filed Nov. 1, 1988, effective Feb. 11, 1989. Amended: Filed Oct. 13, 1993, effective May 9, 1994. Amended: Filed Oct. 13, 1995, effective April 30, 1996. Amended: Filed April 5, 2004, effective July 30, 2004. Moved to 20 CSR 2010-3.060, effective Aug. 28, 2006. Amended: Filed Feb. 23, 2010, effective Aug. 30, 2010. Amended: Filed Aug. 15, 2012, effective Feb. 28, 2013. Amended by Missouri Register April 17, 2023/Volume 48, Number 8, effective 5/31/2023*Original authority: 326.271, RSMo 2001, amended 2002; 326.280, RSMo 2001, amended 2002; and 326.289, RSMo 2001, amended 2002, 2008.