§ 43-02.2-17 — Licensees' working papers - Clients' records

North Dakota § 43-02.2-17

• Jurisdiction: North Dakota
• Title 43: Occupations and Professions
• Ch. 43-02.2: Accountants

Text

1. 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 while a licensee, except the
reports submitted by the licensee to the client and except for records that are part of
the client's records, are the property of the licensee in the absence of an express
agreement between the licensee and the client to the contrary. A statement, record,
schedule, working paper, or memorandum may not be sold, transferred, or
bequeathed, without the consent of the client or the client's 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. This section may not be construed as prohibiting any
temporary transfer of workpapers or other material necessary in the course of carrying
out practice reviews.
2. A licensee shall furnish to a client or former client, upon request and reasonable
notice:
a. A copy of the licensee's working papers, to the extent that such working papers
include records that would ordinarily constitute part of the client's records and are
not otherwise available to the client; and
b. 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 such documents of
the client when they form the basis for work done by the licensee.
3. This section does not require a licensee to keep any workpaper beyond the period
prescribed in any other applicable statute.