A
licensee, a
CPA firm registered under this chapter, and any employee, partner, member, officer, or shareholder of a licensee or
CPA firm are not liable to persons with whom they are not in privity of
contract for civil
damages resulting from acts, omissions, decisions, or other conduct in connection with professional services performed by that
person, except for:
| (1) |
acts, omissions, decisions, or conduct that constitute fraud or intentional misrepresentations; or |
Terms Used In Utah Code 58-26a-602
- Client: means the person who retains a licensee for the performance of one or more of the services included in the definition of the practice of public accountancy. See Utah Code 58-26a-102
- Contract: A legal written agreement that becomes binding when signed.
- CPA: means an individual currently licensed by this state or any other state, district, or territory of the United States of America to practice public accountancy or who has been granted a license as a certified public accountant under prior law or this chapter. See Utah Code 58-26a-102
- CPA firm: means a qualified business entity holding a valid registration as a Certified Public Accountant firm under this chapter. See Utah Code 58-26a-102
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Fraud: Intentional deception resulting in injury to another.
- Licensee: means the holder of a current valid license issued under this chapter. See Utah Code 58-26a-102
- Person: means :Utah Code 68-3-12.5
- Writing: includes :Utah Code 68-3-12.5
| (2) |
other acts, omissions, decisions, or conduct, if the person performing the professional services:
| (a) |
knew that a primary intent of the client was for the professional services to benefit or influence the particular person seeking to establish liability; and |
| (b) |
identified in writing to the client that the professional services performed on behalf of the client were intended to be relied upon by the particular person seeking to establish liability. |
|
Enacted by Chapter 261, 2000 General Session
