Terms Used In Louisiana Revised Statutes 37:101

  • Claim: means any cause of action against a certified public accountant or firm, regardless of the legal basis of the claim, including but not limited to tort, fraud, breach of contract, or any other legal basis, arising out of any engagement to provide professional services, including but not limited to the following:

    (a)  The providing of attest services as defined in La. See Louisiana Revised Statutes 37:101

  • Contract: A legal written agreement that becomes binding when signed.
  • Fraud: Intentional deception resulting in injury to another.
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Society: means the Society of Louisiana Certified Public Accountants. See Louisiana Revised Statutes 37:101
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.

As used in this Part the following terms shall have the following meanings:

(1)  “Claim” means any cause of action against a certified public accountant or firm, regardless of the legal basis of the claim, including but not limited to tort, fraud, breach of contract, or any other legal basis, arising out of any engagement to provide professional services, including but not limited to the following:

(a)  The providing of attest services as defined in La. Rev. Stat. 37:73(1)(a).

(b)  The providing of business or financial advice.

(c)  Advice relative to plans or actions to qualify for tax benefits or otherwise reduce the amounts of tax owed.

(d)  Advice relative to the structuring of pension or retirement or insurance plans or other employee benefits.

(e)  The provision, including design, of computer software for accounting or bookkeeping functions.

(f)  Any other advice relative to the conduct of any business whether conducted for profit or not.

(2)  “Claimant” means any person having an interest or right to assert a claim, whether for himself or on behalf of another.

(3)  “Society” means the Society of Louisiana Certified Public Accountants.

Acts 1997, No. 747, §1; Acts 2006, No. 214, §1.