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(A) Except as permitted by rules
adopted by the accountancy board, no individual shall assume
or use the
title or designation "certified public accountant," "certified
accountant," "chartered accountant," "enrolled
accountant," "licensed accountant," or "registered
accountant," or any other title or designation likely
to be confused with "certified public accountant," or
any of the abbreviations "CPA," "PA," "CA," "EA," "LA," or "RA," or
similar abbreviations likely to be confused with "CPA," or
any other title, designation, words, letters, abbreviation,
sign, card, or device tending to indicate that the individual
is a certified public accountant, unless the individual holds
a CPA certificate and holds an Ohio permit. However, an individual
who possesses a foreign certificate, has registered under section 4701.09 of
the Revised Code, and holds an Ohio permit may use the title
permitted under the laws of the individual's other licensing
jurisdiction, followed by the name of the jurisdiction.
(B)
Except as permitted by rules adopted by the board, no individual
shall assume or use the title or designation "public
accountant," "certified public accountant, "certified
accountant," "chartered accountant," "enrolled
accountant," "registered accountant," or "licensed
accountant," or any other title or designation likely
to be confused with "public accountant," or any of
the abbreviations "PA," "CPA," "CA," "EA," "LA," or "RA," or
similar abbreviations likely to be confused with "PA," or
any other title, designation, words, letters, abbreviation,
sign, card, or device tending to indicate that the individual
is a public accountant, unless the individual holds a PA registration
and holds an Ohio permit, or unless the individual holds a
CPA certificate. An individual who holds a PA registration
and an Ohio permit may hold self out to the public as an "accountant" or "auditor."
(C) Except as provided in divisions (C)(1),
(2), (3), and (4) of this section, no partnership, professional
association, corporation-for-profit, limited liability company,
or other business organization not addressed in this section
that is practicing public accounting in this state shall assume
or use the title or designation "certified public accountant," "public
accountant," "certified accountant," "chartered
accountant," "enrolled accountant," "licensed
accountant," "registered accountant," or any
other title or designation likely to be confused with " certified
public accountant" or "public accountant," or
any of the abbreviations "CPA," "PA," "CA," "EA," "RA," or "LA," or
similar abbreviations likely to be confused with "CPA" or "PA," or
any other title, designation, words, letters, abbreviation,
sign, card, or device tending to indicate that the business
organization is a public accounting firm.
(1)(a) A partnership may assume or use the title or designation "certified
public accountant," the abbreviation "CPA," or
any other title, designation, words, letters, abbreviation,
sign, card, or device tending to indicate that the partnership
is composed of certified public accountants if it is a registered
firm, if a majority of its partners who are individuals hold
a CPA certificate or a foreign certificate, and if a majority
of the owners of any qualified firm that is a partner hold
a CPA certificate or a foreign certificate.
(b) A partnership may assume or use the title or designation "public
accountant," the abbreviation "PA," or any other
title, designation, words, letters, abbreviation, sign, card,
or device tending to indicate that the partnership is composed
of public accountants if it is a registered firm, if a majority
of its partners who are individuals hold a PA registration,
a CPA certificate, or a foreign certificate, and if a majority
of the owners of any qualified firm that is a partner hold
a PA registration, a CPA certificate, or a foreign certificate.
(2)(a) A professional association incorporated under Chapter
1785. of the Revised Code may assume or use the title or designation "certified
public accountant" the abbreviation "CPA," or
any other title, designation, words, letters, abbreviation,
sign, card, or device tending to indicate that the professional
association is composed of certified public accountants if
it is a registered firm, if a majority of its shareholders
who are individuals hold a CPA certificate or a foreign certificate,
and if a majority of the owners of any qualified firm that
is a shareholder hold a CPA certificate or a foreign certificate.
(b) A professional association incorporated under Chapter
1785. of the Revised Code may assume or use the title or designation "public
accountant" the abbreviation "PA," or any other
title, designation, words, letters, abbreviation, sign, card,
or device tending to indicate that the professional association
is composed of public accountants if it is a registered firm,
if a majority of its shareholders who are individuals hold
a PA registration, a CPA certificate, or a foreign certificate,
and if a majority of the owners of any qualified firm that
is a shareholder hold a PA registration, a CPA certificate,
or a foreign certificate.
(3)(a) A corporation-for-profit incorporated under Chapter
1701. of the Revised Code may assume or use the title or designation "certified
public accountant," the abbreviation "CPA," or
any other title, designation, words, letters, abbreviation,
sign, card, or device tending to indicate that the corporation
is composed of certified public accountants if it is a registered
firm, if a majority of its shareholders who are individuals
hold a CPA certificate or a foreign certificate, and if a majority
of the owners of any qualified firm that is a shareholder hold
a CPA certificate or a foreign certificate.
(b) A corporation incorporated under Chapter 1701. of the
Revised Code may assume or use the title or designation "public
accountant," the abbreviation "PA," or any other
title, designation, words, letters, abbreviation, sign, card,
or device tending to indicate that the corporation is composed
of public accountants if it is a registered firm, if a majority
of its shareholders who are individuals hold a PA registration,
a CPA certificate, or a foreign certificate, and if a majority
of the owners of any qualified firm that is a shareholder hold
a PA registration, a CPA certificate, or a foreign certificate.
(4)(a) A limited liability company organized under Chapter
1705. of the Revised Code may assume or use the title or designation "certified
public accountant," the abbreviation "CPA," or
any other title, designation, words, letters, abbreviation,
sign, card, or device tending to indicate that the limited
liability company is composed of certified public accountants
if it is a registered firm, if a majority of its members who
are individuals hold a CPA certificate or a foreign certificate,
and if a majority of the owners of any qualified firm that
is a member hold a CPA certificate or a foreign certificate.
(b) A limited liability company organized under Chapter 1705.
of the Revised Code may assume or use the title or designation "public
accountant," the abbreviation "PA," or any other
title, designation, words, letters, abbreviation, sign, card,
or device tending to indicate that the limited liability company
is composed of public accountants if it is a registered firm,
if a majority of its members who are individuals hold a PA
registration, a CPA certificate, or a foreign certificate,
and if a majority of the owners of any qualified firm that
is a member hold a PA registration, a CPA certificate, or a
foreign certificate.
(D) No individual shall sign, affix, or associate
the individual's name or any trade or assumed name used by
the individual in the individual's profession or business to
any attest report with any wording indicating that the individual
is an accountant or auditor, or with any wording accompanying
or contained in the attest report which indicates that the
individual has expert knowledge in accounting or auditing or
expert knowledge regarding compliance with conditions established
by law or contract, including but not limited to statutes,
ordinances, regulations, grants, loans and appropriations,
unless the individual holds an Ohio permit. However, this division
does not prohibit any officer, employee, partner or principal
of any organization from affixing the officer's, employee's
partner's, or principal's signature to any statement or report
in reference to the financial affairs of that organization
with any wording designating the position, title or office
that the individual holds in that organization. This division
also does not prohibit any act of a public official or public
employee in the performance of the public official's or public
employee's duties.
(E) No person shall sign, affix, or associate
the name of a partnership, limited liability company, professional
association, corporation-for-profit, or other business organization
not addressed in this section to any attest report with any
wording accompanying or contained in the attest report that
indicates that the partnership, limited liability company,
professional association, corporation-for-profit, or other
business organization is composed of or employs accountants
or auditors or persons having expert knowledge in accounting
or auditing or expert knowledge regarding compliance with conditions
established by law or contract, including but not limited to
statutes, ordinances, regulations, grants, loans and appropriations,
unless the partnership, limited liability company, professional
association, corporation-for-profit, or other business organization
is a registered firm.
(F) No individual who does not hold an Ohio permit shall hold
self out to the public as an "accountant" or "auditor" by
use of either or both of those words on any sign, card or letterhead,
in any advertisement or directory, or otherwise, without indicating
on the sign, card, or letterhead, in the advertisement or directory,
or in the other manner of holding out that the person does
not hold an Ohio permit. An individual who holds a CPA certificate
and an Ohio permit may hold self out to the public as an "accountant" or "auditor." However,
this division does not prohibit any officer, employee, partner,
or principal of any organization from describing self by the
position, title or office the person holds in the organization.
This division also does not prohibit any act of a public official
or public employee in the performance of the public official's
or public employee's duties.
(G) No partnership, professional association, corporation-for-profit,
limited liability company, or other business organization not
addressed in this section that is not entitled to assume or
use the title "certified public accountant" or "public
accountant" under division (C) of this section shall hold
itself out to the public as a partnership, professional association,
corporation-for-profit, limited liability company, or other
business organization not addressed in this section as being
composed of or employing "accountants" or "auditors" by
use of either or both of those words on any sign, card, letterhead,
or in any advertisement or directory, or otherwise, without
indicating on the sign, card, or letterhead, in the advertisement
or directory, or in the other manner of holding out that the
partnership, professional association, corporation-for-profit,
limited liability company, or other business organization is
not a registered firm and is not permitted by law to practice
as a public accounting firm.
(H) No person shall assume or use the title or designation "certified
public accountant" or "public accountant" in
conjunction with names indicating or implying that there is
a partnership or in conjunction with the designation "and
Company" or "and Co." or a similar designation
if, in any of those cases, there is in fact no bona fide partnership
entitled to designate itself as a partnership of certified
public accountants under division (C)(1)(a) of this section
or as a partnership of public accountants under division (C)(1)(b)
of this section. However, a sole proprietor or partnership
that was on October 22, 1959, or a corporation that on or after
September 30, 1974, has been, lawfully using a title or designation
of those types in conjunction with names or designations of
those types, may continue to do so if the sole proprietor,
partnership, or corporation otherwise complies with this section.
(I)(1) Notwithstanding any other provision
of this chapter, an individual whose principal place of business
is not in this state and who holds a valid foreign certificate
as a certified public accountant shall be presumed to have
qualifications substantially equivalent to this state's CPA
requirements and shall have all of the privileges of a holder
of a CPA certificate and an Ohio permit without the need to
obtain a CPA certificate and an Ohio permit if the accountancy
board has found and has specified in its rules adopted pursuant
to division (A) of section 4701.03 of
the Revised Code that the CPA requirements of the state that
issued the individual's foreign certificate are substantially
equivalent to this state's CPA requirements.
(2) Any individual exercising the privilege afforded under
division (I)(1) of this section hereby consents and is subject,
as a condition of the grant of the privilege, to all of the
following:
(a) The personal and subject matter jurisdiction of the accountancy
board;
(b) All practice and disciplinary provisions of this chapter
and the accountancy board's rules;
(c) The appointment of the board that issued the individual's
foreign certificate as the individual's agent upon whom process
may be served in any action or proceeding by the accountancy
board against the individual.
(3) The holder of a CPA certificate and an Ohio permit who
offers or renders attest services or uses the holder's CPA
title in another state shall be subject to disciplinary action
in this state for an act committed in the other state for which
the holder of a foreign certificate issued by the other state
would be subject to discipline in the other state.
(4) The holder of a foreign certificate who offers or renders
attest services or uses a CPA title or designation in this
state pursuant to the privilege afforded by division (I)(1)
of this section shall be subject to disciplinary action in
this state for any act that would subject the holder of a CPA
certificate and an Ohio permit to disciplinary action in this
state.
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