21 ncac 08n .0205         CONFIDENTIALITY

(a)  Nondisclosure. A CPA shall not disclose any confidential information obtained in the course of employment or a professional engagement except with the consent of the employer or client.

(b)  Exceptions. This Rule shall not be construed:

(1)           to relieve a CPA of any reporting obligations pertaining to Section .0400 of this Subchapter;

(2)           to affect in any way the CPA's compliance with an order of a court or a validly issued subpoena by this Board;

(3)           to preclude the CPA from responding to any inquiry made by the AICPA Ethics Division or Trial Board, by a duly constituted investigative or disciplinary body of a state CPA society, or under state statutes;

(4)           to preclude the disclosure of confidential client information necessary for the peer review process;

(5)           to preclude the CPA from assisting the Board in enforcing the accountancy statutes and rules;

(6)           to affect a CPA's disclosure of confidential information to state or federal authorities when the CPA concludes in good faith based upon professional judgment that a crime is being or is likely to be committed;

(7)           to affect a CPA's disclosure of confidential information when such disclosure is required by state or federal laws or regulations; or

(8)           to prohibit a CPA from revealing information:

(A)          in order to establish a claim or defense on behalf of the CPA in a controversy between the CPA and a client;

(B)          to establish a defense to a criminal charge or civil claim against the CPA based upon conduct in which the client was involved; or

(C)          to respond to allegations in any proceeding concerning the CPA's professional services to the client.

History Note:        Authority G.S. 55B‑12; 57D-2-02; 93‑12(9);

Eff. April 1, 1994;

Amended Eff. February 1, 2004; April 1, 2003;

Readopted Eff. February 1, 2016;

Amended Eff. September 1, 2023.