Kan. Admin. Regs. § 74-5-406 - Firm or professional names
(a) A certified public accountant or firm
shall not practice certified public accountancy under a firm or professional
name or advertise a firm or professional name that includes descriptive words
relating to the quality of services offered or that is misleading concerning
the legal form or the persons who are owners, partners, officers, members,
managers, or shareholders of the firm.
(b) A firm or professional name shall not be
considered to be misleading solely because it contains words describing the
geographical area in which the services are offered or words describing the
type of services actually being performed by the certified public accountants
who are owners, partners, officers, members, managers, or shareholders of the
firm.
(c) A firm or professional
name or designation shall be considered to be misleading in any of the
following instances:
(1) The name contains a
misrepresentation of facts.
(2) The
name is intended or is likely to create false or unjustified expectations of
favorable results.
(3) The name
implies education, professional attainment, or licensing recognition of its
owners, partners, officers, members, managers, or shareholders that is not
supported by facts.
(4) The name of
a Kansas professional corporation or association, limited liability company,
limited liability partnership, or general corporation does not include its full
name as registered with the board each time the firm or professional name is
used.
(5) The name misrepresents
the number of partners, shareholders, owners, members, or staff accountants
holding CPA certificates and permits who own or provide services on behalf of
the firm or business.
(6) The name
contains the name or names of one or more former partners, shareholders, or
owners without their written consent.
(d) A fictitious firm or professional name
shall be defined as a name that contains anything other than the name or names
of one or more present or former owners, partners, members, or shareholders or
the term "certified public accountant" or "CPA," or the plural form of either
of these two terms. A fictitious firm or professional name may be used if the
name is registered with the board and is not false or misleading as determined
by the board. Each firm shall utilize its full name as registered with the
board each time the name is used.
(e) A fictitious firm or professional name
shall be considered to be misleading if the name misrepresents the number of
partners, shareholders, owners, members, or staff accountants holding CPA
certificates and permits who own or provide services on behalf of the firm or
business.
(f) Each certified public
accountant or firm that falls out of compliance with this regulation due to any
change in ownership or personnel shall notify the board within 30 days after
the change. A reasonable period of time may be granted by the board for a firm
or certified public accountant to take corrective action.
(g) If a firm does not have an office in
Kansas but is required to register with the board pursuant to
K.S.A. 1-308 and amendments thereto, the name shall
not be considered misleading even if the name meets the criteria for being
"misleading" as specified in paragraph (c)(5) subsection (e) of this
regulation.
Notes
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