Michigan Compiled Laws
Article 7 - (339.701...339.736)
Section 339.732 - Confidentiality; Disclosure of Information.

Sec. 732.
(1) Except by written permission of the client or the heir, successor, or personal representative of the client to whom the information pertains, a licensee, or a person employed by a licensee, shall not disclose or divulge and shall not be required to disclose or divulge information relative to and in connection with an examination or audit of, or report on, books, records, or accounts that the licensee or a person employed by the licensee was employed to make. Except as otherwise provided in this section, the information derived from or as the result of professional service rendered by a certified public accountant is confidential and privileged.
(2) Subsection (1) does not prohibit any of the following:
(a) A certified public accountant, whose professional competence has been challenged in a court of law or before an administrative agency, from disclosing information otherwise confidential and privileged as part of a defense in the court action or administrative hearing.
(b) The disclosure of information required to be disclosed in the course of practice monitoring programs and ethical investigations conducted by a licensed certified public accountant. In such cases, the information disclosed to another licensed certified public accountant in the course of practice monitoring programs and ethical investigations is confidential and privileged to the same degree and in the same manner as provided for in subsection (1).
(c) A licensee, or a person employed by a licensee, from disclosing information otherwise privileged and confidential to appropriate law enforcement or governmental agencies when the licensee, or person employed by the licensee, has knowledge that forms a reasonable basis to believe that a client has committed a violation of federal or state law or a local governmental ordinance.
(3) Documents or records in the possession of the department pertaining to a review, an investigation, or disciplinary actions under this article are exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, unless the records or documents are used for either or both of the following purposes:
(a) As evidence in a contested case held by the department.
(b) As a basis for formal action by the department and until the action is resolved by a final order issued by the board.
History: Add. 1997, Act 10, Imd. Eff. May 16, 1997 ;-- Am. 2005, Act 278, Imd. Eff. Dec. 19, 2005 Popular Name: Act 299

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 339 - Occupational Code

Act 299 of 1980 - Occupational Code (339.101 - 339.2919)

Article 7 - (339.701...339.736)

Section 339.701-339.716 - Repealed. 1997, Act 10, Imd. Eff. May 16, 1997.

Section 339.720 - Definitions; Practice of Public Accounting.

Section 339.721 - State Board of Accountancy; Creation; Qualifications of Members; Promulgation of Rules.

Section 339.722 - Licenses, Registrations, and Certificates as Certified Public Accountant.

Section 339.723 - Use of Title, Terms, or Abbreviations Indicating Person Is Certified Public Accountant; Prohibited Conduct; Display or Uttering of Certain Instrument or Device as Prima Facie Evidence That Person Caused or Procured Display; Use of C...

Section 339.724 - Conduct Not Prohibited by Article.

Section 339.725 - Issuance of Certificate as Certified Public Accountant; Requirements; Examination; Qualifying Experience.

Section 339.726 - Holder of Certificate Issued by Another State or Foreign Jurisdiction; Requirements for Issuance of Certificate by Department.

Section 339.727 - Use of Authorized Title; Requirements.

Section 339.727a - Individual Whose Principal Place of Business Is Outside of State; Practice Without Need to Obtain Certificate, License, or Temporary Practice Permit; Requirements; Practice Privileges.

Section 339.728 - License to Engage in Practice of Public Accounting; Application by Firm; Requirements; Change in Address; Practice of Public Accountancy Without License Under Subsection (1); Conditions; Other Professional Services Practiced Without...

Section 339.729 - License Renewal; Continuing Education Requirements.

Section 339.730 - Contingent Fee.

Section 339.731 - Commission or Referral Fee.

Section 339.732 - Confidentiality; Disclosure of Information.

Section 339.733 - Statements, Records, Schedules, Working Papers, or Memoranda; Restriction; Sale, Transfer, Bequeathing, or Assignment.

Section 339.734 - Prohibited Conduct; Penalties; Report to Department.

Section 339.734a - Exercise of Privilege Granted by MCL 339.727a; Conditions; Disciplinary Action for Act Committed in Another Licensing Jurisdiction; Prima Facie Evidence of Violation.

Section 339.735 - Violation as Felony; Penalty; Enforcement.

Section 339.736 - Issuance of Audit Report; Opinion as to Whether Financial Information Is Presented According to Statutory Accounting Principles.