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24.201.707    DISCREDITABLE ACTS

(1) A firm, licensee, or practice privilege holder shall not commit any act discreditable to the profession. A discreditable act will be considered to have occurred if, for example a firm, licensee, or practice privilege holder:

(a) retains any records rightfully belonging to the client in order to enforce payment of fees;

(b) has a final determination made by a court or administrative agency of competent jurisdiction and is no longer subject to appeal, that a violation of any antidiscrimination laws of the U.S., a state or municipality, including those related to sexual and other forms of harassment;

(c) solicits or knowingly discloses the Uniform CPA Examination questions or answers without AICPA's written authorization;

(d) fails to comply with applicable federal, state, or local laws or regulations regarding the timely filing of a personal tax return or tax return of the firm that the licensee has the authority to timely file;

(e) fails to timely remit all payroll and other taxes collected on behalf of others;

(f) makes, or permits or directs another to make materially false and misleading entries in financial statements or records;

(g) fails to correct an entity's financial statements that are materially false and misleading when the licensee has the authority to record an entry;

(h) signs, or permits or directs another to sign a document containing false and misleading information;

(i) departs from acceptable standards, unless disclosure in the financial statement or report, as applicable, that such standards were not followed and the applicable reasons;

(j) enters into or directs or knowingly permits another to enter into a contract for performance of attest services that are subject to the requirements of regulatory entities that includes indemnification or limitation of liability provisions that would cause the regulated entity to be in violation of such requirements or disqualify a licensee from providing such services to the regulated entity;

(k) whose employment relationship is terminated, retains originals or copies from the firm's clients, or proprietary information, without the firm's permission, unless a contractual arrangement with the firm allows such action; or

(l) discloses confidential information obtained from a prospective client or nonclient without consent.

History: 37-1-131, 37-50-203, MCA; IMP, 37-1-131, 37-50-203, 37-50-325, MCA; NEW, 1980 MAR p. 2971, Eff. 11/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1984 MAR p. 961, Eff. 6/29/84; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2009 MAR p. 9, Eff. 1/16/09; AMD, 2010 MAR p. 2574, Eff. 10/29/10; AMD, 2013 MAR p. 1527, Eff. 8/23/13; AMD, 2014 MAR p. 2849, Eff. 11/21/14; AMD, 2016 MAR p. 1016, Eff. 6/4/16.

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