Colorado § 12-100-112 - Use of the title "certified public accountant".

§ 12-100-112. Use of the title "certified public accountant".

(1) (a) A person who has received from the board and holds an active certificate of certified public accountant shall be styled and known as a certified public accountant and may also use the abbreviation "C.P.A."

(b) A partnership, professional corporation, or limited liability company of certified public accountants that is registered under this article 100 may use the words "certified public accountants" or the abbreviation "C.P.A.s" in connection with its partnership, professional corporation, or limited liability company name.

(2) A person authorized to use the title "certified public accountant" or the abbreviation "C.P.A." shall provide to any client residing in or headquartered in Colorado, during the course of an engagement, an address and telephone number for the certified public accountant's firm or, in the case of a sole practitioner, the address and telephone number of the sole practitioner.

(3) (a) Except as authorized in subsection (4) of this section, a person shall not assume or use the title or designation "certified public accountant", the abbreviation "C.P.A.", or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the person is a certified public accountant unless the person holds a certificate as a certified public accountant issued under this article 100 or under the laws of any other state. A person who is inactive pursuant to section 12-100-113 (2) may use the title "inactive certified public accountant" or "inactive C.P.A."

(b) Except as authorized by subsection (1) or (4) of this section, an individual, partnership, professional corporation, or limited liability company shall not assume or use any title or designation using the word "certified", "registered", "chartered", "enrolled", "licensed", "independent", or "approved" in conjunction with the word accountant or auditor or any abbreviation thereof or any title, designation, or abbreviation likely to be confused with "certified public accountant" or the abbreviation "C.P.A.", including the terms "chartered accountant" and "certified accountant" and the abbreviation "C.A."

(c) Except as authorized in subsection (4) of this section, a partnership, professional corporation, or limited liability company shall not assume or use the title or designation "certified public accountants", the abbreviation "C.P.A.s", or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the partnership, professional corporation, or limited liability company is composed of certified public accountants unless the partnership, professional corporation, or limited liability company is registered as a partnership, professional corporation, or limited liability company of certified public accountants under this article 100 or the laws of any other state.

(4) (a) A certified public accountant from another state or jurisdiction of the United States who is practicing in this state pursuant to section 12-100-117 may use the title "certified public accountant", the abbreviation "C.P.A.", or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the person is a certified public accountant.

(b) A foreign partnership, corporation, limited partnership, limited liability limited partnership, or limited liability company that is practicing in this state pursuant to section 12-100-117 may use the title or designation "certified public accountants", the abbreviation "C.P.A.s", or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the partnership, corporation, or limited liability company is composed of certified public accountants.

(c) Notwithstanding any other provision of law to the contrary, an individual subject to section 12-100-116 (1)(a)(II) may use an accounting designation that includes the word "management" conferred by a bona fide nationally recognized accounting organization, such as the American Institute of Certified Public Accountants, the Chartered Institute of Management Accountants, or the Institute of Management Accountants, or their successor organizations, if the designation does not purport to confer the right to perform audit or attest services as defined by any state or foreign jurisdiction.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 800, § 1, effective October 1; (3)(a) amended and (4)(c) added, (SB 19-155), ch. 235, p. 2334, § 13, effective October 1.

Editor's note: (1) This section is similar to former § 12-2-115 as it existed prior to 2019.

(2) Before its relocation in 2019, this section was amended in SB 19-155. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-155, chapter 235, Session Laws of Colorado 2019.

ANNOTATION

Annotator's note. Since § 12-100-112 is similar to former § 2-1-12(1), CRS 53, a relevant case construing that provision has been included in the annotations to this section.

Under the provisions of this section there is no prohibition against the use of the words "public accountant" by a person who has not received from the board of accountancy a certificate of his qualifications to practice as a "certified public accountant". Colo. Ass'n of Accountants v. Colo. Soc'y of Cert. Pub. Accountants, 152 Colo. 563, 384 P.2d 94 (1963).

Where members of a corporation could not be prohibited from use of the term "public accountant" under this section, the addition of the words "society of Colorado" comprising the title "public accountants society of Colorado" was not, as a matter of law, confusingly similar to another corporate name "Colorado society of certified public accountants". Colo. Ass'n of Accountants v. Colo. Soc'y of Cert. Pub. Accountants, 152 Colo. 563, 384 P.2d 94 (1963).