Colorado § 12-100-116 - Unlawful acts - definition.

§ 12-100-116. Unlawful acts - definition.

(1) (a) (I) No person, partnership, professional corporation, or limited liability company shall issue, author, or publish any opinion or certificate relating to any accounting or financial statement if the opinion or certificate utilizes any title or designation, the use of which is prohibited by law.

(II) A person, partnership, professional corporation, or limited liability company shall not, without an active certificate of certified public accountant or a valid registration:

(A) As an independent auditor, make or conduct an investigation, examination, or audit of the financial statements or supporting records of any person, organization, or corporation, to determine the accuracy or fairness with which they present the financial position, changes in financial position, or financial results of operations of the person, organization, or corporation;

(B) Attest or express an opinion, as an independent auditor, as to the financial position, changes in financial position, or financial results of the operation of any person, organization, or corporation, or as to the accuracy or reliability of any financial information contained in any such accounting or financial statement;

(C) Offer audit or attest services to the public if the person uses a title or designation specified in section 12-100-112 (4)(c);

(D) Establish, participate in, or promote a business that uses a title or designation specified in section 12-100-112 (4)(c) in its marketing if the business is not currently registered pursuant to this article 100; or

(E) Notwithstanding any provision of this section to the contrary, offer or render tax services to the public while using a title or designation specified in section 12-100-112 (4)(c), unless doing so within a partnership, professional corporation, or limited liability company of certified public accountants that holds a registration or permit issued by the board of this state or another state.

(III) The requirement in subsection (1)(a)(II) of this section that a person, partnership, professional corporation, or limited liability company have an active certificate of certified public accountant or a valid registration issued by the board shall not apply to a certified public accountant from another state or a foreign partnership, professional corporation, or limited liability company practicing accountancy in this state pursuant to section 12-100-117 (2).

(b) The provisions of subsection (1)(a) of this section shall not prohibit any officer or employee of a corporation, partner or employee of a partnership, member or employee of a limited liability company, or individual or employee of an individual from:

(I) Making or conducting the investigation, examination, or audit; or

(II) Issuing or authoring an assessment or certificate utilizing any wording designating the position, title, or office that the person holds concerning the financial affairs of the corporation, partnership, limited liability company, or individual.

(c) The provisions of subsection (1)(a) of this section shall not prohibit any act of a public official or public employee in the performance of his or her duties as such or affect the qualifications of any person to testify as a witness before any court or administrative agency of the state of Colorado who is determined to be qualified by the court or agency.

(d) The term "independent auditor" as used in this section shall mean any person or corporation engaged or employed to make or conduct an audit of the financial statements or supporting records of any person, organization, or corporation, to determine, on the basis of the audit, the accuracy or fairness with which they present the financial position, changes in financial position, or financial results of operations of the person, organization, or corporation, other than an officer, employee, or partner of the person, organization, or corporation under audit.

(e) Except as set forth in subsection (1)(a)(II)(E) of this section, subsection (1)(a) of this section does not prohibit the performance by persons other than certified public accountants of other services involving the use of accounting skills, including the preparation of tax returns and the preparation of financial statements without the expression of opinions or assurances on the returns or statements.

(2) Except as set forth in subsection (1)(a)(II)(E) of this section, nothing in this section shall be construed to prohibit any person from preparing or assisting in the preparation of any report or tax return to any agency of the federal, state, or local government or other political subdivision if the preparation or assistance is otherwise permissible under law or under the regulations of the agency or from affixing the signature of the person or firm so preparing or assisting in the preparation of the report or return to the report or return.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 808, § 1, effective October 1; IP(1)(a)(II), (1)(e), and (2) amended and (1)(a)(II)(C), (1)(a)(II)(D), and (1)(a)(II)(E) added, (SB 19-155), ch. 235, p. 2336, § 16, effective October 1.

Editor's note: (1) This section is similar to former § 12-2-120 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

Law reviews. For note, "Licensing of Occupations and Professions in Colorado", see 35 Dicta 235 (1958). For comment, "Extensions of Accountants' Liability for Negligence: One Step Closer to a New Implied Warranty of Results", see 56 U. Colo. L. Rev. 265 (1985). For article, "The Legality of Generative AI -- Part 2", see 52 Colo. Law. 30 (Sept. 2023).

State board of accountancy may not, by regulation, prohibit unlicensed accountants from performing "reviews" because subsection (6)(a) prohibits unlicensed accountants from performing "audits" and the board's regulation is in conflict with such subsection and therefore the regulation is beyond the board's authority. Cartwright v. State Bd. of Accountancy, 796 P.2d 51 (Colo. App. 1990) (decided under former law).