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HomeBusiness and Professions CodeDiv. 3Ch. 1Art. 2§ 5037 Accountant Work Product Ownership

§ 5037 Accountant Work Product Ownership

Business and Professions Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 5037 Accountant Work Product Ownership

Key Takeaways

  • •Any notes, papers, or files made by an accountant while working for you belong to the accountant, not you, unless you both agreed otherwise.
  • •The accountant can’t sell or give away those papers to someone else without your permission, except to their own business partners or a new owner of their business.
  • •You can ask the accountant for copies of your own records or papers they took from you, and they must give them to you if you ask nicely and give them time.
  • •The accountant can keep copies of your papers if they used them to do their work.

Example

You hire an accountant to help with your taxes. They take your receipts and make notes while working on your tax return.

The accountant’s notes belong to them, not you. But if you ask, they must give you back your receipts or copies of any papers that are yours. They can’t sell their notes to someone else unless you say it’s okay.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 5037 Accountant Work Product Ownership

(a) All statements, records, schedules, working papers and memoranda made by a licensee or a partner, shareholder, officer, director, or employee of a licensee, incident to, or in the course of, rendering services to a client in the practice of public accountancy, except the reports submitted by the licensee to the client and except for records that are part of the client’s records, shall be and remain the property of the licensee in the absence of an express agreement between the licensee and the client to the contrary. No such statement, record, schedule, working paper, or memoranda shall be sold, transferred, or bequeathed, without the consent of the client or their personal representative or assignee, to anyone other than one or more surviving partners or stockholders or new partners or stockholders of the licensee, or any combined or merged firm or successor in interest to the licensee. (b) A licensee shall furnish to their client or former client, upon request and reasonable notice: (1) A copy of the licensee’s working papers, to the extent that those working papers include records that would ordinarily constitute part of the client’s records and are not otherwise available to the client. (2) Any accounting or other records belonging to, or obtained from or on behalf of, the client that the licensee removed from the client’s premises or received for the client’s account. The licensee may make and retain copies of documents of the client when they form the basis for work done by them. (Amended by Stats. 2023, Ch. 510, Sec. 66. (SB 887) Effective January 1, 2024.)

Last verified: January 22, 2026

Key Terms

agreementpropertyshareholderlienemployeeportstocklicense

Related Statutes

  • § 25505 Alcohol License Ownership Restrictions
  • § 4827 Veterinary Practice Exemptions
  • § 11013.4 Subdivision Sale Escrow Requirements
  • § 5036 Public Accountant Licensing Requirement
  • § 5063.3 Client Confidentiality Exceptions

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Business and Professions Code. Section 5037.
View Official Source