(A) Section
4701.03
of the Revised Code states the board may promulgate rules consistent with
the goal of maintaining a high standard of integrity and dignity in the
accounting profession.
(B) This
rule applies to acts by a person holding an Ohio permit, Ohio registration, CPA
certificate, PA registration, or public
accounting firm registration, by a person holding a foreign certificate
whose activities are regulated by the board, or by an owner of a public
accounting firm equity interest who does not hold an Ohio permit, Ohio
registration, CPA certificate, PA registration, foreign certificate, or firm
registration.
(C) The following
acts by any person defined in paragraph (B) of this rule are determined by the
board as conduct discreditable to the accounting profession as stated in
division (A)(10) of section
4701.16 of
the Revised Code:
(1) Using deceptive
representations in connection with the performance of services.
(2) Representing that services are of a
particular standard when they are not.
(3) Promoting one's professional services or
a
public accounting firm's services in any manner which is inconsistent
with upholding a high standard of integrity and dignity in the accounting
profession, including, but not limited to:
(a)
Misrepresenting facts or failing to disclose relevant facts.
(b) Creating a false or unjustified
expectation of favorable results.
(c) Implying abilities not supported by valid
educational background, professional attainments, or licensing
recognition.
(d) Implying the
ability to influence improperly any court, tribunal or other public body or
official.
(4) Engaging
in any deceptive trade practice prohibited by law.
(5) Committing fraud or deceit in the act of
verifying a CPA candidate's experience in accordance with paragraph (C) of rule
4701-7-05
of the Administrative Code, or making any false statement with respect to such
verification.
(6) Holding out to
the public that an accounting credential issued in a foreign country is in good
standing if that credential has been suspended or revoked under the laws of the
foreign country.
(7) Being
convicted of a felony or any crime involving dishonesty or fraud under the laws
of a foreign country.
(8) Failing
to follow specialized professional engagement requirements of governmental
bodies, commissions, or regulatory agencies.
(9) Assuming responsibility for, associating
with, or preparing materially false and misleading financial statements,
associated financial data, or accounting entries.
(10) Failing to file a tax return or failing
to remit taxes collected on behalf of others in a timely manner.
(D) The acts by a certified public
accountant or public accountant outlined in the provisions of paragraph (C) of
this rule are not intended to limit the scope of division (A)(10) of section
4701.16 of
the Revised Code with respect to investigations concerning alleged
discreditable conduct.
