061-6 Wyo. Code R. §§ 6-4 - Responsibility to Clients
(a) Confidential
Client Information Rule. A holder shall not, without the consent of the client,
disclose any confidential information pertaining to the client obtained in the
course of performing professional services.
(i) This rule does not:
(A) relieve a holder of any obligation under
the Auditing Standards Rules, the Accounting Principles Rules, the Accounting
and Review Services Rules, the Attestation Standards Rule, and Other
Professional Standards Rules (formerly Rules 202, 203, 205, 206 and 207
);
(B) affect in any way a holder's
obligation to comply with a validly issued subpoena or summons enforceable by
order of a court;
(C) prohibit
disclosures in the course of a quality review of a holder's professional
services; or
(D) Preclude a holder
from responding to any inquiry made by the Board or any investigative or
disciplinary body established by law or formally recognized by the
Board.
(ii) Members of
the Board and professional practice reviewers shall not disclose any
confidential client information which comes to their attention from holders in
disciplinary proceedings or otherwise in carrying out their responsibilities,
except that they may furnish such information to an investigative or
disciplinary body of the kind referred to above.
(b) Records Rule. Within forty-five (45) days
of the date a request is made for any of the records in subsections (i) through
(iii) below, a holder shall either deliver originals or copies or provide
access to the records. Once the holder has complied with these requirements
there is no obligation to provide additional records.
(i) client records that were provided to the
holder by or on behalf of the client;
(ii) client records prepared by the holder
such as accounting or other records including but not limited to tax returns,
general ledgers, subsidiary journals and supporting schedules such as detailed
employee payroll records and depreciation schedules the holder was engaged to
perform;
(iii) supporting records
and information not reflected in the client's books and records that are
otherwise not available to the client such as adjusting, closing, combining, or
consolidating journal entries (including computations supporting such entries)
that are produced by the holder during an engagement as these records may make
financial information incomplete;
(iv) working papers such as audit programs,
analytical review schedules, and statistical sampling results, analyses, and
schedules prepared by the client at the request of the holder are the holders'
property and need not be provided to the client unless imposed by some other
contractual agreement or state or federal law or regulation.
(v) The information in subsections (i)
through (iii) above shall be provided in the medium requested, written or
electronic if prepared in that medium. The holder shall redact any confidential
information that may be attached to paper or electronic records. The holder may
make and retain copies of such documents when they form the basis for work
performed by him or her and the holder is entitled to reasonable reimbursement
for costs associated with providing records for the client.
(vi) If an engagement is terminated prior to
completion for a particular year-end, the holder is required to return only
client records. A certificate holder may require all fees due for the last
completed engagement be paid before the information in (ii) and (iii) above is
provided.
(vii) Record Retention:
Absent any specific regulations or professional standards issued by
governmental agencies or other agencies having generally recognized authority
with jurisdiction over the holder's engagement, holders shall retain records
for assurance and attest engagements no less than five (5) years from the date
of completion of the engagement. All other records including tax related
records must be retained for a minimum of three (3) years from the date of
completion of the engagement. In the absence of regulations mentioned which
define records, retained records shall include, but are not limited to, work
papers and other documents that contain conclusions, opinions and analysis, or
financial data related to the engagement. If the holder was engaged to perform
services utilizing electronic systems, the holder shall ensure that the most
current electronic records and three years of paper records (if created) are
capable of being accessed in a usable, protected format and are safeguarded
through sound computer security procedures to prevent unauthorized access to
records. If a pending investigation exists, records shall not be destroyed
until the Board has notified the holder in writing of the closure of the
investigation or has issued a formal decision based on the investigation. The
holder is under no obligation to provide software that may be attached to or
associated with electronic records.
Notes
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