CHAPTER 12. VIOLATIONS
IC 25-2.1-12
Chapter 12. Violations
IC 25-2.1-12-1
Foreign country practitioners
Sec. 1. This chapter does not apply to an individual or a firm:
(1) that holds a designation granted in a foreign country
entitling the holder to engage in the practice of accountancy or
its equivalent in that country;
(2) whose activities in Indiana are limited to the provision of
professional services to individuals or firms who are residents,
to governments, or to business entities of the country in which
the individual holds the entitlement;
(3) that does not issue reports with respect to the financial
statements of another individual, firm, or governmental unit in
Indiana; and
(4) that does not use in Indiana any title or designation other
than the title or designation under which the individual
practices in the individual's country, followed by a translation
of the title or designation into the English language, if it is in a
different language, and by the name of the country.
As added by P.L.30-1993, SEC.7.
IC 25-2.1-12-2
Reports of financial statements of another; right to issue by person
without permit or certificate
Sec. 2. (a) Except as provided in subsection (b), an individual or
a firm not holding a valid CPA or public accountant certificate under
this article or permit under IC 25-2.1-5 may not issue a report on
financial statements of another individual, member, organization, or
governmental unit.
(b) Notwithstanding subsection (a):
(1) an officer, a partner, or an employee of a firm or an
organization may sign a statement or report in reference to the
financial affairs of the firm or organization with any wording
designating the position, title, or office that the signor holds;
and
(2) a public official or employee may, in the performance by an
individual of other services, use accounting skills, including the
preparation of tax returns, management advisory services, and
the preparation of financial statements without the issuance of
reports related to those documents.
(c) A CPA or public accountant may not issue a report in standard
form upon a compilation of financial information through any form
of business that does not hold a valid permit issued under IC 25-2.1-5
unless the report discloses the name of the business through which
the individual is issuing the report, and the individual:
(1) signs the compilation report identifying the individual as a
CPA or public accountant; and
(2) meets the competency requirement provided in applicable
standards.
As added by P.L.30-1993, SEC.7. Amended by P.L.128-2001,
SEC.42.
IC 25-2.1-12-3
Applicability of IC 25-2.1-12-2 prohibitions
Sec. 3. The prohibition contained in section 2 of this chapter is
applicable to issuance, by an individual or a firm not holding a valid
certificate or permit, of a report using any form of language
conventionally used by licensees with respect to:
(1) a review of financial statements; and
(2) compilation of financial statements.
As added by P.L.30-1993, SEC.7.
IC 25-2.1-12-3.5
Attest services performance prohibited
Sec. 3.5. A holder of a CPA or PA certificate issued under this
article may not perform attest services except through a firm that
holds a valid permit under IC 25-2.1-5.
As added by P.L.128-2001, SEC.43.
IC 25-2.1-12-4
Individual use of title "CPA"; inactive licensee
Sec. 4. (a) An individual may not use the title or designation
"certified public accountant", the abbreviation "CPA", or any other
title, designation, words, letters, abbreviation, sign, card, or device
tending to indicate that the individual is a certified public accountant
unless the individual:
(1) holds a valid CPA certificate;
(2) meets the substantial equivalency standards of this article;
or
(3) is an employee of a firm holding a permit under IC 25-2.1-5
and has not been an employee long enough to meet the
experience requirement under IC 25-2.1-3-10 for a certificate.
(b) A licensee who has selected inactive status on the licensee's
renewal form may not use the title or designation "certified public
accountant" or the abbreviation "CPA" unless the title, designation,
or abbreviation is immediately followed by the word "inactive".
As added by P.L.30-1993, SEC.7. Amended by P.L.179-1997, SEC.6;
P.L.128-2001, SEC.44.
IC 25-2.1-12-5
Firm use of title "CPA"
Sec. 5. A firm may not provide attest services or use the title or
designation "certified public accountant", the abbreviation "CPA",
or any other title, designation, words, letters, abbreviation, sign, card,
or device tending to indicate that the firm is composed of certified
public accountants, unless:
(1) the firm holds a valid permit issued under IC 25-2.1-5; and
(2) ownership of the firm meets the requirements of this article
and the rules adopted by the board.
As added by P.L.30-1993, SEC.7. Amended by P.L.128-2001,
SEC.45.
IC 25-2.1-12-6
Individual use of title "PA" or "AP"; inactive licensee
Sec. 6. (a) An individual may not use the title or designation
"public accountant" or "accounting practitioner", the abbreviation
"PA" or "AP", or any other title, designation, words, letters,
abbreviation, sign, card, or device tending to indicate that the
individual is a public accountant or an accounting practitioner unless
the individual holds a valid certificate.
(b) A licensee who has selected inactive status on the licensee's
renewal form may not use the title or designation "public accountant"
or "accounting practitioner" or the abbreviation "PA" or the
abbreviation "AP" unless the title, designation, or abbreviation is
immediately followed by the word "inactive".
As added by P.L.30-1993, SEC.7. Amended by P.L.179-1997, SEC.7;
P.L.128-2001, SEC.46.
IC 25-2.1-12-7
Firm use of title "PA"
Sec. 7. A firm not holding a valid permit issued under IC 25-2.1-5
may not use the title or designation "public accountant", the
abbreviation "PA", or any other title, designation, words, letters,
abbreviation, sign, card, or device tending to indicate that the firm is
composed of public accountants.
As added by P.L.30-1993, SEC.7.
IC 25-2.1-12-8
Use of other related titles; prohibition
Sec. 8. (a) An individual or a firm not holding a valid certificate
or permit issued under this article may not use the title or designation
"certified accountant", "chartered accountant", "enrolled accountant",
"licensed accountant", "registered accountant", "accredited
accountant", or other title or designation likely to be confused with
the titles "certified public accountant" or "public accountant", or
"accounting practitioner" or use any of the abbreviations "CA",
"LA", "RA", "AA", or similar abbreviation likely to be confused with
the abbreviations "CPA", "PA", or "AP".
(b) The title "enrolled agent" or "EA" may only be used by
individuals who are so designated by the Internal Revenue Service
under 31 CFR 10.
As added by P.L.30-1993, SEC.7. Amended by P.L.128-2001,
SEC.47.
IC 25-2.1-12-9
Use of terms by persons or firms without certificate or permit;
prohibition
Sec. 9. (a) An individual or a firm not holding a valid certificate
or permit issued under this article may not use a title or designation
that includes the words "accountant", "auditor", or "accounting", in
connection with any other words, including statements in a report
that imply that the individual or firm holds a certificate or permit or
has special competence as an accountant or auditor.
(b) Notwithstanding subsection (a), this section does not prohibit
an officer, a member, a partner, a public official, an employee, a
firm, or an organization from signing a statement in reference to the
financial affairs of the firm, office, or organization with any wording
designating the position, title, or office that the signor holds.
As added by P.L.30-1993, SEC.7. Amended by P.L.128-2001,
SEC.48.
IC 25-2.1-12-10
Repealed
(Repealed by P.L.128-2001, SEC.51.)
IC 25-2.1-12-11
Individual practitioner use of misleading firm name; firm names
of successor partners
Sec. 11. An individual licensee may not engage in the practice of
accountancy in a firm holding a permit under this article using a
professional or firm name or designation that is misleading about:
(1) the legal form of the firm;
(2) the individuals who are partners, members, officers, or
shareholders of the firm; or
(3) any other matter.
However, the names of former partners or shareholders may be
included in the name of a firm or a firm's successor.
As added by P.L.30-1993, SEC.7. Amended by P.L.128-2001,
SEC.49.
IC 25-2.1-12-12
Use of initials "P.A." by physician assistant
Sec. 12. Use of the initials "P.A." by a physician assistant who is
authorized to use the initials "P.A." by IC 25-27.5 is not a violation
of this chapter.
As added by P.L.227-1993, SEC.9.