ORS 673.345
Payment or acceptance of commissions

  • contingent fees
  • referral fees
  • rules

(1)

Intentionally left blank —Ed.

(a)

A holder of a permit under ORS 673.150 (Permits to engage in practice of public accountancy) or a business organization registered under ORS 673.160 (Registration of business organizations), when the conditions set forth in paragraph (b) of this subsection are present, may not:

(A)

Pay a commission to obtain a client;

(B)

Accept a commission for a referral to a client of products or services of others; or

(C)

Accept a commission for a referral of products or services to be supplied by a client.

(b)

The prohibition on commissions set forth in paragraph (a) of this subsection applies only when the holder or business organization, or any of the partners, officers, shareholders, members, managers or owners of the holder or business organization, performs:

(A)

Client attestation services; or

(B)

A compilation of a financial statement for a client, if the compilation report does not disclose a lack of independence.

(2)

Intentionally left blank —Ed.

(a)

A holder of a permit under ORS 673.150 (Permits to engage in practice of public accountancy) or a business organization registered under ORS 673.160 (Registration of business organizations) may:

(A)

Perform for a contingent fee any professional service for a client; or

(B)

Receive a contingent fee for any professional service performed for a client.

(b)

Notwithstanding paragraph (a) of this subsection, a holder or business organization may not accept a contingent fee under paragraph (a) of this subsection from a client for whom the holder or business organization, or any of the partners, officers, shareholders, members, managers or owners of the holder or business organization, performs:

(A)

Client attestation services; or

(B)

A compilation of a financial statement for the client, if the compilation report does not disclose a lack of independence.

(3)

A holder of a permit under ORS 673.150 (Permits to engage in practice of public accountancy) or a business organization registered under ORS 673.160 (Registration of business organizations) may not prepare for a contingent fee an original or amended tax return or a claim for a tax refund for any client.

(4)

The prohibitions described in subsections (1) to (3) of this section apply during the period in which the holder of a permit under ORS 673.150 (Permits to engage in practice of public accountancy) or a business organization registered under ORS 673.160 (Registration of business organizations) is engaged to perform any of the services described in subsection (1)(b) or (2)(b) of this section and during the period covered by any historical financial statements involved in any of the services. The Oregon Board of Accountancy by rule may modify the period when the prohibitions described in subsections (1) to (3) of this section are applicable.

(5)

Intentionally left blank —Ed.

(a)

Any holder of a permit under ORS 673.150 (Permits to engage in practice of public accountancy) or business organization registered under ORS 673.160 (Registration of business organizations) that expects or accepts a fee for recommending or referring any product or service to any person or entity, or that pays a referral fee or other valuable consideration to obtain a client, shall disclose the expectation, acceptance or payment to the client.

(b)

The board by rule shall specify the manner and form in which disclosures under this subsection shall be made. The rules shall require that disclosures required by this subsection:

(A)

Be made in clear and conspicuous writing;

(B)

Be made on or before the time at which the recommendation or referral that is the basis of the fee is made, or prior to the time the client retains the licensee to whom the client has been referred and for which a referral fee or other valuable consideration has been paid; and

(C)

Be acknowledged by the client in a writing that is signed and dated by the client.

(6)

This section does not prohibit:

(a)

Payments for the purchase of all or any part of an accountancy practice; or

(b)

Retirement payments to individuals presently or formerly engaged in the practice of public accountancy or payments to their heirs or estates. [1989 c.524 §2; 2001 c.313 §2]

Source: Section 673.345 — Payment or acceptance of commissions; contingent fees; referral fees; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors673.­html.

673.010
Definitions for ORS 673.010 to 673.465
673.015
Statement of public interest in regulating practice of accountancy
673.040
Eligibility for certificate of certified public accountant
673.050
General qualifications for candidates for C.P.A. examination
673.060
C.P.A. and public accountant examination
673.075
Credit for examination sections taken in other states
673.100
License as public accountant
673.103
Public accountant audits prohibited
673.138
Liability of persons operating in certain registered business organization
673.150
Permits to engage in practice of public accountancy
673.153
Holders of licenses issued by other states
673.160
Registration of business organizations
673.165
Continuing education
673.170
Disciplinary actions
673.175
Review of statement or report prepared by accountant required by consent agreement
673.185
Procedure for disciplinary actions and adoption of rules
673.210
Reissuance of revoked or suspended licenses
673.220
Inactive status
673.310
Words or abbreviations of similar import to certified public accountant, public accountant, C.P.A. or P.A. prohibited
673.320
Requirements for providing attestation services or compilation services or issuing report
673.325
Statement allowed without permit or authorization
673.345
Payment or acceptance of commissions
673.350
Application of ORS 673.010 to 673.465 to employees of registered business organizations
673.360
Injunctions
673.370
Acts constituting prima facie evidence that person is authorized to use words certified public account or public accountant
673.380
Disposition of statements, records, schedules, working papers and memoranda of licensee
673.385
Disclosure of client information prohibited
673.390
Solicitation permitted
673.400
Civil penalties
673.410
Oregon Board of Accountancy
673.415
Furnishing of signature block of income tax return or report by Department of Revenue
673.425
Oregon Board of Accountancy Fund
673.440
Compilation of laws and rules
673.455
Peer review programs
673.457
Review by peer review program
673.465
Authority of Oregon Board of Accountancy to require fingerprints
673.475
Authority of Oregon Board of Accountancy to disclose investigatory information relating to regulatory or enforcement function of public entity
673.605
Definitions for ORS 673.605 to 673.740
673.610
Application of ORS 673.605 to 673.740
673.615
Prohibited acts
673.625
Qualifications for tax consultant and tax preparer
673.630
Tax consultant’s application
673.635
Tax preparer’s application
673.637
Licensing of person licensed in another state or enrolled to practice before Internal Revenue Service
673.640
Issuance of licenses
673.643
Preparation of tax returns by corporation, firm or partnership
673.645
Renewal of licenses
673.655
Continuing education requirement
673.660
Licenses to be displayed
673.663
Use of title “tax consultant.”
673.667
Inactive status
673.685
Fees
673.690
Tax consultant’s records
673.695
Secretary of State as agent for service of process against nonresident
673.697
Continuing authority of board
673.700
Disciplinary action
673.705
Prohibited acts
673.710
Names of tax preparers and other information furnished by Department of Revenue
673.712
Refund anticipation loan disclosures
673.715
Local government regulation of refund anticipation loans prohibited
673.725
State Board of Tax Practitioners
673.730
Powers of board
673.732
Cease and desist orders
673.735
Civil penalties
673.740
Educational program as remedy
673.800
Definitions for ORS 673.800 to 673.825
673.805
Notice required upon change in control
673.810
Duty to maintain bonds or deposits
673.815
Custodial duties
673.820
Prohibitions
673.825
Right of action
673.990
Criminal penalties
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