2021 Georgia Code
Title 43 - Professions and Businesses
Chapter 3 - Accountants
- § 43-3-1. Short Title
- § 43-3-2. Definitions
- § 43-3-3. State Board of Accountancy; Powers and Duties; Division Within State Accounting Office; Executive Director Selection and Compensation; Venue
- § 43-3-4. Membership of Board; Terms; Removal; Expense Reimbursement
- § 43-3-5. Chairperson and Secretary of Board; Meetings; Seal; Records of Proceedings; Appointment of Committees and Employees
- § 43-3-6. Duties of Executive Director
- § 43-3-7. Fees Authorized
- § 43-3-8. Rules and Regulations; Notice; Hearings
- § 43-3-9. Requirements for Certificate of Certified Public Accountant; Disclosure of Commissions From Sale of Insurance or Financial Products
- § 43-3-10. Examinations for Certified Public Accountants
- § 43-3-11. Certificate Holder as "Certified Public Accountant" or "Public Accountant"
- § 43-3-12. Reciprocity for Certified Public Accountants
- § 43-3-13. Individuals Holding Certified Public Accountant Certificates, Live Permits, or Licenses as of July 1, 2014
- § 43-3-14. Application for Certification by Nonresidents
- § 43-3-15. Foreign Registered Accountant
- § 43-3-16. Licensure Requirements for Firms Practicing Public Accountancy
- § 43-3-17. Renewal of Firm License
- § 43-3-18. Issuance of License to Practice Accountancy; Substantial Equivalency Practice Privilege for Nonresidents
- § 43-3-19. Continuing Professional Education Requirements
- § 43-3-20. Investigations; Admissibility of Records; Filing of Complaint; Immunity; Hearing
- § 43-3-21. Revocation or Refusal to Grant or Renew License; Immunity
- § 43-3-22. Revocation, Suspension, or Refusal to Renew Firm License
- § 43-3-23. Adjudicative Hearings Before Board
- § 43-3-23.1. Redesignated
- § 43-3-23.2. And 43-3-23.3
- § 43-3-24. Sanctions; Probation
- § 43-3-24.1. Cease and Desist Order
- § 43-3-25. Civil Penalty
- § 43-3-25.1. Confidentiality of Applicant Information
- § 43-3-26. Authority of Executive Director to Provide Information Regarding Past or Pending Investigation of Applicant
- § 43-3-27. Notification of Conviction; Time Limit; Suspension
- § 43-3-28. Reinstatement of Certification; Modification of Suspension of License or Substantial Equivalent Practice Privileges
- § 43-3-29. Ownership of Accountants' Working Papers; Confidentiality of Communications to Accountants; Peer Review Not Subject to Discovery
- § 43-3-29.1. Sanctions
- § 43-3-30. Injunctions; Assistance of Attorney General; Evidentiary Matters
- § 43-3-31. Use of Titles or Devices; False or Fraudulent Claims; Regulation of Solicitation of Employment
- § 43-3-32. Exceptions to Operation of Chapter
- § 43-3-33. Service Member; License Expiration
- § 43-3-34. Criminal Penalty
- § 43-3-35. Redesignated
- § 43-3-36. Redesignated
- § 43-3-36.1. Exempted Licensees
- § 43-3-37. Use of Acquired Materials in Civil Action
- For article, "The Controversy Over Third Party Rights: Toward More Predictable Parameters of Auditor Liability," see 22 Ga. L. Rev. 149 (1987). For annual survey on administrative law, see 66 Mercer L. Rev. 1 (2014).
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 when the principals are not certified, or when one is certified and another is not, constitutes a misdemeanor, and all members of the firm and certified public accountant signing the report of the 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, § 21 et seq. 15A Am. Jur. 2d, Commerce, §§ 1 et seq., 90 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, 64 et seq. 73 Am. Jur. 2d, Statutes, §§ 17 et seq., 58 et seq.
Accountant's Liability to Client for Performance of Duties, 16 POF2d 641.
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, § 280 et seq. 16A C.J.S., Constitutional Law, § 580 et seq. 16B C.J.S., Constitutional Law, §§ 1055-1058. 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, § 12 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 50 et seq. 73A C.J.S., Public Administrative Law and Procedure, § 146 et seq. 81A C.J.S., States, § 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 A.L.R. 834, 42 A.L.R. 1226, 118 A.L.R. 646.
Liability of independent accountant to investors or shareholders, 54 A.L.R.2d 324; 46 A.L.R.3d 979; 92 A.L.R.3d 396; 48 A.L.R.5th 389.
Regulation of accountants, 70 A.L.R.2d 433; 4 A.L.R.4th 1201.
Application of statute of limitations to damage actions against public accountants for negligence in performance of professional services, 26 A.L.R.3d 1438.
Application of statute of limitations to actions for breach of duty in performing services of public accountant, 7 A.L.R.5th 852.
