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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 43. PROFESSIONS AND BUSINESSES |
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Chapter 3. ACCOUNTANTS |
| § 43-3-1. Short title |
| § 43-3-2. Definitions |
| § 43-3-3. Creation of board; members |
| § 43-3-4. Chairman and secretary of board; meetings; seal; records of proceedings |
| § 43-3-5. Promulgation of rules and regulations; notice; hearings |
| § 43-3-6. Requirements for certificate of "certified public accountant"; disclosure of commissions from sale of insurance or financial products |
| § 43-3-7. Examinations for certified public accountants; service of process for nonresident applicants |
| § 43-3-8. Oral examinations for certified public accountants; permanent record of examinations |
| § 43-3-9. Certificate holder as "certified public accountant" or "public accountant"; list of certified public accountants; periodic registration |
| § 43-3-10. Temporary certified public accountant certificates |
| § 43-3-11. Reciprocity for certified public accountants |
| § 43-3-12. Persons holding certified public accountant certificates as of July 1, 1977 |
| § 43-3-13. Registered public accountants certified as certified public accountants |
| § 43-3-14. Examinations for registered public accountants |
| § 43-3-15. Oral examinations for registered public accountants; permanent record of examinations |
| § 43-3-16. Certificate holder as "registered public accountant"; list of registered public accountants; periodic registration |
| § 43-3-17. Temporary registered public accountant certificates |
| § 43-3-18. Reciprocity for registered public accountants |
| § 43-3-19. Persons holding registered public accountant certificates as of July 1, 1977 |
| § 43-3-20. Registration as foreign accountant |
| § 43-3-21. Registration requirements for firms practicing public accountancy |
| § 43-3-22. Partnerships and professional associations composed of public accountants |
| § 43-3-23. Renewal of registration |
| § 43-3-23.1. Redesignated |
| § 43-3-23.2 and 43-3-23.3. |
| § 43-3-24. Issuance of permits to practice accountancy; substantial equivalency practice privilege for nonresidents |
| § 43-3-25. Continuing professional education requirements |
| § 43-3-26 and 43-3-27. |
| § 43-3-28. Revocation, suspension, or refusal to renew certificate, registration, or permit; immunity |
| § 43-3-29. Revocation, suspension, or refusal to renew firm registration or permit |
| § 43-3-29.1. Sanctions |
| § 43-3-30. Adjudicative hearings before board |
| § 43-3-31. Reinstatement of certification or registration; modification of suspension of permit or practice privilege |
| § 43-3-32. Ownership of accountants' working papers; confidentiality of communications to accountants |
| § 43-3-33. Injunctions; assistance of Attorney General |
| § 43-3-34. Holding oneself out to be a licensed certified public accountant or public accountant; single prohibited act as grounds for injunction or conviction |
| § 43-3-35. Use of titles or devices; false or fraudulent claims; regulation of solicitation of employment |
| § 43-3-36. Exceptions to operation of chapter |
| § 43-3-36.1. Exempted licensees |
| § 43-3-37. Use of acquired materials in civil action |
| § 43-3-38. Penalty |
REFS & ANNOS
TITLE 43 Chapter 3 NOTE
ADMINISTRATIVE RULES AND REGULATIONS. --Organization, Official Compilation of the Rules and Regulations of the State of Georgia, State Board of Accountancy, Chapter 20-1.
Code of Professional Conduct, Official Compilation of the Rules and Regulations of the State of Georgia, State Board of Accountancy, Chapter 20-12.
LAW REVIEWS. --For article, "The Controversy Over Third Party Rights: Toward More Predictable Parameters of Auditor Liability," see 22 Ga. L. Rev. 149 (1987).
JUDICIAL DECISIONS
EDITOR'S NOTES. --In light of the similarity of the statutory provisions, decisions under former Code 1933, Ch. 84-2 are included in the annotations for this chapter.
INTENT OF CHAPTER. --Legislature in enacting this chapter sought to control the profession of public accounting, and to prohibit all persons who do not meet the requirements of the chapter from engaging therein. Knight Drug Co. v. Naismith, 73 Ga. App. 793, 38 S.E.2d 87 (1946) (decided under former Code 1933, Ch. 84-2).
WAYS IN WHICH PROFESSIONS MIGHT BE REGULATED BY POLICE POWER. --When purpose of statute is to regulate and control an occupation or profession under police power of legislature, such purpose may be manifested in various ways, such as by requiring all persons seeking license to practice such trade or profession to first take an examination by some prescribed authority as to that person's skill and knowledge of the occupation, or by requiring applicants seeking registration to first give bond and security to benefit any who might be injured by wrongful or unskillful practice, or by requiring proof of good character before being licensed and registered. Knight Drug Co. v. Naismith, 73 Ga. App. 793, 38 S.E.2d 87 (1946) (decided under former Code 1933, Ch. 84-2).
CHAPTER INVALIDATES CONTRACTS BY UNLICENSED PRACTITIONER. --This chapter was intended for the purpose of regulating profession of public accounting and it is a condition precedent to engaging in that profession that persons wishing to engage therein obtain license required or suffer peril of having all contracts declared void and unenforceable and further peril of being indicted for a crime. Knight Drug Co. v. Naismith, 73 Ga. App. 793, 38 S.E.2d 87 (1946) (decided under former Code 1933, Ch. 84-2).
POSSESSION OF LICENSE PRESUMED. --In a civil action brought by one pursuing an occupation required by law to be licensed, to recover for value of services, general rule is that in absence of any statutory provision affecting the question, possession of license will be presumed. Knight Drug Co. v. Naismith, 73 Ga. App. 793, 38 S.E.2d 87 (1946) (decided under former Code 1933, Ch. 84-2).
ACCOUNTANT'S LIABILITY IS LIMITED to those persons that he or she expressly knows will be given the information he or she generates, or to those persons intended to receive the information. Badische Corp. v. Caylor, 630 F. Supp. 1196 (N.D. Ga. 1986).
CITED in Mayor of Savannah v. Canady, 255 Ga. 23, 334 S.E.2d 693 (1985).
OPINIONS OF THE ATTORNEY GENERAL
EDITOR'S NOTES. --In light of the similarity of the statutory provisions, opinions under former Code 1933, Ch. 84-2 are included in the annotations for this chapter.
CERTIFIED PUBLIC ACCOUNTANT'S SIGNATURE TO REPORT WHEN PRINCIPALS NOT CERTIFIED IS MISDEMEANOR. --Signature of certified public accountant to report for firm where principals are not certified, or where one is certified and another is not, constitutes a misdemeanor, and all members of firm and certified public accountant signing report of firm would be equally guilty under the law. 1950-51 Op. Att'y Gen. p. 137 (decided under former Code 1933, Ch. 84-2).
RESEARCH REFERENCES
AM. JUR. 2D. --2 Am. Jur. 2d, Administrative Law, § 24 et seq. 15A Am. Jur. 2d, Commerce, §§ 1 et seq., 89 et seq. 16A Am. Jur. 2d, Constitutional Law, §§ 266, 284 et seq., 332, 339 et seq. 51 Am. Jur. 2d, Licenses and Permits, § 1 et seq. 58 Am. Jur. 2d, Occupations, Trades and Professions, § 1 et seq. 63C Am. Jur. 2d, Public Officers and Employees, § 14 et seq. 72 Am. Jur. 2d, States, Territories and Dependencies, §§ 42, 61 et seq. 73 Am. Jur. 2d, Statutes, §§ 18 et seq., 60 et seq.
Am. Jur. Proof of Facts. --Accountant's Liability to Client for Performance of Duties, 16 POF2d 641.
Am. Jur. Trials. --Accountant Malpractice: Work Papers, 26 Am. Jur. Trials 1.
Third-Party Accountant Liability -- Prospective Financial Statements Used in Securities Offerings, 45 Am. Jur. Trials 113.
C.J.S. --15 C.J.S., Commerce, §§ 9 et seq., 83 et seq., 111 et seq. 16 C.J.S., Constitutional Law, § 266 et seq. 16A C.J.S., Constitutional Law, §§ 398, 614, 615. 16B C.J.S., Constitutional Law, § 1063. 16C C.J.S., Constitutional Law, § 890 et seq. 16D C.J.S., Constitutional Law, §§ 2085, 2086. 53 C.J.S., Licenses, § 6 et seq. 67 C.J.S., Officers and Public Employees, § 15 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 49 et seq. 73A C.J.S., Public Administrative Law and Procedure, § 115 et seq. 81A C.J.S., States, §§ 79 et seq., 120 et seq. 82 C.J.S., Statutes, §§ 203,281.
ALR. --Failure to procure occupational or business license or permit as affecting validity or enforceability of contract, 30 ALR 834; 42 ALR 1226; 118 ALR 646.
Liability of independent accountant to investors or shareholders, 54 ALR2d 324; 46 ALR3d 979; 92 ALR3d 396; 48 ALR5th 389.
Regulation of accountants, 70 ALR2d 433; 4 ALR4th 1201.
Application of statute of limitations to damage actions against public accountants for negligence in performance of professional services, 26 ALR3d 1438.
Application of statute of limitations to actions for breach of duty in performing services of public accountant, 7 ALR5th 852.
Code of Professional Conduct, Official Compilation of the Rules and Regulations of the State of Georgia, State Board of Accountancy, Chapter 20-12.
LAW REVIEWS. --For article, "The Controversy Over Third Party Rights: Toward More Predictable Parameters of Auditor Liability," see 22 Ga. L. Rev. 149 (1987).
JUDICIAL DECISIONS
EDITOR'S NOTES. --In light of the similarity of the statutory provisions, decisions under former Code 1933, Ch. 84-2 are included in the annotations for this chapter.
INTENT OF CHAPTER. --Legislature in enacting this chapter sought to control the profession of public accounting, and to prohibit all persons who do not meet the requirements of the chapter from engaging therein. Knight Drug Co. v. Naismith, 73 Ga. App. 793, 38 S.E.2d 87 (1946) (decided under former Code 1933, Ch. 84-2).
WAYS IN WHICH PROFESSIONS MIGHT BE REGULATED BY POLICE POWER. --When purpose of statute is to regulate and control an occupation or profession under police power of legislature, such purpose may be manifested in various ways, such as by requiring all persons seeking license to practice such trade or profession to first take an examination by some prescribed authority as to that person's skill and knowledge of the occupation, or by requiring applicants seeking registration to first give bond and security to benefit any who might be injured by wrongful or unskillful practice, or by requiring proof of good character before being licensed and registered. Knight Drug Co. v. Naismith, 73 Ga. App. 793, 38 S.E.2d 87 (1946) (decided under former Code 1933, Ch. 84-2).
CHAPTER INVALIDATES CONTRACTS BY UNLICENSED PRACTITIONER. --This chapter was intended for the purpose of regulating profession of public accounting and it is a condition precedent to engaging in that profession that persons wishing to engage therein obtain license required or suffer peril of having all contracts declared void and unenforceable and further peril of being indicted for a crime. Knight Drug Co. v. Naismith, 73 Ga. App. 793, 38 S.E.2d 87 (1946) (decided under former Code 1933, Ch. 84-2).
POSSESSION OF LICENSE PRESUMED. --In a civil action brought by one pursuing an occupation required by law to be licensed, to recover for value of services, general rule is that in absence of any statutory provision affecting the question, possession of license will be presumed. Knight Drug Co. v. Naismith, 73 Ga. App. 793, 38 S.E.2d 87 (1946) (decided under former Code 1933, Ch. 84-2).
ACCOUNTANT'S LIABILITY IS LIMITED to those persons that he or she expressly knows will be given the information he or she generates, or to those persons intended to receive the information. Badische Corp. v. Caylor, 630 F. Supp. 1196 (N.D. Ga. 1986).
CITED in Mayor of Savannah v. Canady, 255 Ga. 23, 334 S.E.2d 693 (1985).
OPINIONS OF THE ATTORNEY GENERAL
EDITOR'S NOTES. --In light of the similarity of the statutory provisions, opinions under former Code 1933, Ch. 84-2 are included in the annotations for this chapter.
CERTIFIED PUBLIC ACCOUNTANT'S SIGNATURE TO REPORT WHEN PRINCIPALS NOT CERTIFIED IS MISDEMEANOR. --Signature of certified public accountant to report for firm where principals are not certified, or where one is certified and another is not, constitutes a misdemeanor, and all members of firm and certified public accountant signing report of firm would be equally guilty under the law. 1950-51 Op. Att'y Gen. p. 137 (decided under former Code 1933, Ch. 84-2).
RESEARCH REFERENCES
AM. JUR. 2D. --2 Am. Jur. 2d, Administrative Law, § 24 et seq. 15A Am. Jur. 2d, Commerce, §§ 1 et seq., 89 et seq. 16A Am. Jur. 2d, Constitutional Law, §§ 266, 284 et seq., 332, 339 et seq. 51 Am. Jur. 2d, Licenses and Permits, § 1 et seq. 58 Am. Jur. 2d, Occupations, Trades and Professions, § 1 et seq. 63C Am. Jur. 2d, Public Officers and Employees, § 14 et seq. 72 Am. Jur. 2d, States, Territories and Dependencies, §§ 42, 61 et seq. 73 Am. Jur. 2d, Statutes, §§ 18 et seq., 60 et seq.
Am. Jur. Proof of Facts. --Accountant's Liability to Client for Performance of Duties, 16 POF2d 641.
Am. Jur. Trials. --Accountant Malpractice: Work Papers, 26 Am. Jur. Trials 1.
Third-Party Accountant Liability -- Prospective Financial Statements Used in Securities Offerings, 45 Am. Jur. Trials 113.
C.J.S. --15 C.J.S., Commerce, §§ 9 et seq., 83 et seq., 111 et seq. 16 C.J.S., Constitutional Law, § 266 et seq. 16A C.J.S., Constitutional Law, §§ 398, 614, 615. 16B C.J.S., Constitutional Law, § 1063. 16C C.J.S., Constitutional Law, § 890 et seq. 16D C.J.S., Constitutional Law, §§ 2085, 2086. 53 C.J.S., Licenses, § 6 et seq. 67 C.J.S., Officers and Public Employees, § 15 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 49 et seq. 73A C.J.S., Public Administrative Law and Procedure, § 115 et seq. 81A C.J.S., States, §§ 79 et seq., 120 et seq. 82 C.J.S., Statutes, §§ 203,281.
ALR. --Failure to procure occupational or business license or permit as affecting validity or enforceability of contract, 30 ALR 834; 42 ALR 1226; 118 ALR 646.
Liability of independent accountant to investors or shareholders, 54 ALR2d 324; 46 ALR3d 979; 92 ALR3d 396; 48 ALR5th 389.
Regulation of accountants, 70 ALR2d 433; 4 ALR4th 1201.
Application of statute of limitations to damage actions against public accountants for negligence in performance of professional services, 26 ALR3d 1438.
Application of statute of limitations to actions for breach of duty in performing services of public accountant, 7 ALR5th 852.