Louisiana Revised Statutes 37:105 – Actions against certified public accountants; review panel required; suspension of prescription
Terms Used In Louisiana Revised Statutes 37:105
- Claim: means any cause of action against a certified public accountant or firm, regardless of the legal basis of the claim, including but not limited to tort, fraud, breach of contract, or any other legal basis, arising out of any engagement to provide professional services, including but not limited to the following:
(a) The providing of attest services as defined in Louisiana Revised Statutes 37:101
- Claimant: means any person having an interest or right to assert a claim, whether for himself or on behalf of another. See Louisiana Revised Statutes 37:101
- Society: means the Society of Louisiana Certified Public Accountants. See Louisiana Revised Statutes 37:101
- Statute: A law passed by a legislature.
A. Except as provided in this Part, no action against a certified public accountant or firm or his insurer may be commenced in any court before the claimant‘s request for review has been presented to a public accountant review panel established pursuant to this Part and the panel has issued a written opinion. Compliance with the requirements of this Part is not to be deemed optional.
B. A claimant’s filing with the society of a written request for review and paying to the society of the one hundred dollar filing fee in accordance with La. Rev. Stat. 37:102(B) shall be deemed that claimant’s exercise of his right to seek judicial cognizance of the claim or claims described in the written request for review for purposes of La. Rev. Stat. 9:5604. However, upon receipt by the claimant of the final report of the review panel or upon termination of the review process, there shall be a minimum of ninety days prescription remaining for the claimant to file an action in a court of law on the claim or claims in question, regardless of any statute to the contrary.
Acts 1997, No. 747, §1; Acts 2006, No. 214, §1.