2001 Minnesota Statutes

     326.211 Prohibited acts. 

    Subdivision 1.    Certified public accountant; use of 
 title by individual.  Except as permitted by the board, no 
 person shall assume or use the title or designation "certified 
 public accountant," or the abbreviation "CPA" or any other 
 title, designation, words, letters, abbreviation, sign, card, or 
 device tending to indicate or imply that the person is a 
 certified public accountant, unless the person has received a 
 certificate as a certified public accountant under sections 
 326.165 to 326.229, holds a license issued under sections 
 326.165 to 326.229 which is not revoked or suspended, and has 
 all offices in this state for the practice of public accounting 
 maintained and licensed to the extent required by sections 
 326.165 to 326.229.  

    Subd. 2.    Certified public accountant; use of title by 
 entity.  No partnership, corporation, or limited liability 
 company or partnership shall assume or use the title or 
 designation "certified public accountant," or the abbreviation 
 "CPA," or any other title, designation, words, letters, 
 abbreviation, sign, card, or device tending to indicate or imply 
 that the partnership, corporation, or limited liability company 
 or partnership is composed of certified public accountants, 
 unless the partnership, corporation, or limited liability 
 company or partnership is licensed as a partnership, 
 corporation, or limited liability company or partnership of 
 certified public accountants under section 326.192 and all 
 offices of the partnership, corporation, or limited liability 
 company or partnership in this state for the practice of public 
 accounting are maintained and licensed as required under section 
 326.192.  

    Subd. 3.    Licensed public accountant; use of title by 
 individual.  No person shall assume or use the title or 
 designation "licensed public accountant" or any other title, 
 designation, words, letters, abbreviation, sign, card, or device 
 tending to indicate or imply that the person is a licensed 
 public accountant, unless the person is licensed as a licensed 
 public accountant under section 326.20, and all of the person's 
 offices in this state for the practice of public accounting are 
 maintained and licensed as required under section 326.192, or 
 unless the person has received a certificate as a certified 
 public accountant under section 326.19, holds a license issued 
 under section 326.19 or 326.20, and all of the person's offices 
 in this state for the practice of public accounting are 
 maintained and licensed as required under section 326.192. 

    Subd. 4.    Licensed public accountant; use of title by 
 entity.  No partnership, corporation, or limited liability 
 company or partnership shall assume or use the title or 
 designation "licensed public accountant" or any other title, 
 designation, words, letters, abbreviation, sign, card, or device 
 tending to indicate or imply that the partnership, corporation, 
 or limited liability company or partnership is composed of 
 licensed public accountants, unless the partnership, 
 corporation, or limited liability company or partnership is 
 licensed as a partnership, corporation, or limited liability 
 company or partnership of licensed public accountants under 
 section 326.192, and all offices of the partnership, 
 corporation, or limited liability company or partnership in this 
 state for the practice of public accounting are maintained and 
 licensed as required under section 326.192.  

    Subd. 5.    Prohibited and permitted titles.  No person, 
 partnership, corporation, or limited liability company or 
 partnership shall assume or use the title or designation 
 "certified accountant," "chartered accountant," "enrolled 
 accountant," "licensed accountant," "public accountant," 
 "accredited accountant," "accounting practitioner," "registered 
 accountant," or any other title or designation likely to be 
 confused with "certified public accountant," or "licensed public 
 accountant," or any of the abbreviations "CA," "LA," "PA," "RA," 
 "AA," "AP," or similar abbreviations likely to be confused with 
 "CPA" or "LPA."  Anyone who holds a current license issued under 
 section 326.19 or 326.20 and all of whose offices in this state 
 for the practice of public accounting are maintained and 
 licensed as required under section 326.192 may hold out to the 
 public as an "auditor." 

    Subd. 6.    Financial statement by individual.  No 
 person's name shall be signed or affixed by the person nor shall 
 any trade or assumed name be used by the person professionally 
 or in business to any opinion or certificate attesting in any 
 way to the reliability of any representation or estimate in 
 regard to any person or organization embracing financial 
 information, or facts respecting compliance with conditions 
 established by law or contract, including, but not limited to, 
 statutes, ordinances, rules, grants, loans, and appropriations, 
 together with any wording accompanying or contained in the 
 opinion or certificate, which indicates that the person is an 
 accountant or auditor or that the person has expert knowledge in 
 accounting or auditing, without holding a current license issued 
 under section 326.19 or 326.20 and all of the person's offices 
 in this state for the practice of public accounting are 
 maintained and licensed under section 326.192.  The provisions 
 of this subdivision shall not prohibit any officer, employee, 
 partner, or principal of any organization from affixing that 
 person's signature to any statement or report in reference to 
 the affairs of the organization with any wording designating the 
 position, title, or office which the person holds in the 
 organization, nor shall the provisions of this subdivision 
 prohibit any act of a public official or public employee in the 
 performance of duties. 

    Subd. 7.    Financial statement by partnership, 
 corporation, or limited liability company or partnership.  No 
 person shall sign or affix a partnership, corporate, or limited 
 liability company or partnership name to any opinion or 
 certificate attesting in any way to the reliability of any 
 representation or estimate in regard to any person or 
 organization embracing financial information, or facts 
 respecting compliance with conditions established by law or 
 contract, including, but not limited to, statutes, ordinances, 
 rules, grants, loans, and appropriations, together with any 
 wording accompanying or contained in the opinion or certificate 
 which indicates that the partnership, corporation, or limited 
 liability company or partnership is composed of or employs 
 accountants, or auditors, persons having expert knowledge in 
 accounting or auditing, unless the partnership, corporation, or 
 limited liability company or partnership is licensed under 
 sections 326.17 to 326.229.  

    Subd. 8.    Auditor; use of title.  No person, 
 partnership, corporation, or limited liability company or 
 partnership not licensed under sections 326.19 to 326.20 shall 
 assume or use the title "auditor" on any sign, card, letterhead, 
 or in any advertisement or directory without indicating thereon 
 or therein that the person, partnership, corporation, or limited 
 liability company or partnership does not hold such a license, 
 provided that this subdivision shall not prohibit any officer, 
 employee, partner, or principal of any organization from being 
 described by the position, title, or office that person holds in 
 the organization, nor shall this subdivision prohibit any act of 
 a public official or public employee in the performance of 
 duties. 

    Subd. 9.    Title indicating partnership, corporation, or 
 limited liability company or partnership.  (a) No person shall 
 assume or use the title or designation "certified public 
 accountant" or "licensed public accountant" in conjunction with 
 names indicating or implying that there is a partnership, 
 corporation, or limited liability company or partnership, if 
 there is no bona fide partnership, corporation, or limited 
 liability company or partnership licensed under section 326.192. 

    (b) No person shall assume or use the title or designation 
 "certified public accountant" or "licensed public accountant" in 
 conjunction with the designation "and Company," "and Co.," "and 
 Associates," "Co.," or a similar designation if, in any such 
 case, there is in fact no bona fide partnership, corporation, or 
 limited liability company or partnership with more than one 
 shareholder licensed under section 326.192.  

    (c) A sole proprietor, partnership, or corporation lawfully 
 using the title or designation in conjunction with the names or 
 designation on July 1, 1992, may continue to do so if otherwise 
 in compliance with the provisions of sections 326.165 to 326.229 
 until December 31, 1999. 

    Subd. 10.    Unlicensed corporation; prohibited use of 
 title.  No partnership, corporation, or limited liability 
 company or partnership, other than one licensed under sections 
 326.165 to 326.229, and in compliance with the rules of the 
 board, shall style itself as certified public accountants or 
 licensed public accountants, or use the abbreviation "CPA" or 
 "LPA" in connection with its corporate name.  

    HIST: 1979 c 326 s 8; 1980 c 591 s 9,10; 1985 c 248 s 70; 1986 
 c 444; 1992 c 542 s 1,4; 1998 c 340 s 8 

*   NOTE:  This section is repealed by Laws 2001, chapter 109, article 
*1, section 18, effective January 1, 2003.  Laws 2001, chapter 109, 
*article 1, section 19.