NAC628.140. Name of proprietorship, partnership, limited-liability company or professional corporation.

     1. The name under which a proprietorship, partnership, limited-liability company or professional corporation engages in the practice of public accounting may not be misleading or deceptive.

     2. The name of a firm is misleading or deceptive if the name of the firm:

     (a) Implies the existence of a corporation, when the firm is not a corporation, by the use of the abbreviations “P.C.,” “Ltd.” or similar abbreviations.

     (b) Implies the existence of a partnership, when the firm is not a partnership, by the use of a designation similar to “Smith & Jones” or “C.P.A.’s.”

     (c) Implies the existence of a limited-liability company, when the firm is not a limited-liability company, by the use of the abbreviations “Ltd.,” “L.L.C.,” “LLC” or “LC.”

     (d) Includes the name of a proprietor, partner, member or shareholder who has withdrawn from the firm or, in the case of a corporation, has terminated his or her employment other than by retirement from public practice or by death, without the written consent of the person who has withdrawn being first obtained by the firm and filed with the Board. The name of the proprietor, partner, member or shareholder must be removed from the name of the firm or corporation within 120 days after the withdrawal or termination.

     (e) Implies more than one principal, when there is only one shareholder, one member or one proprietor, by the use of a designation similar to “Smith & Co.,” “Smith & Assoc.” or “Smith Group.”

     (f) Contains a misrepresentation of fact.

     (g) Creates or is likely to create false or unjustified expectation of favorable results.

     (h) Includes the name of a person who is not registered as a certified public accountant in any state or other jurisdiction of the United States or a foreign country.

     3. A fictitious name must not be formulated in such a manner that the initials or parts of the name form a term or phrase that is misleading or deceptive.

     4. A proprietorship, partnership, limited-liability company or corporation engaged in the practice of public accounting may not render professional services using:

     (a) A name other than that which is stated in its certificate of registration; or

     (b) A fictitious name unless the fictitious name has been registered with and approved by the Board.

     [Bd. of Accountancy, Art. 6 § 1, eff. 5-13-82]—(NAC A 2-6-87; 12-13-96; R169-99, 12-13-99; R075-03, 10-28-2003)