October 27, 2011, Introduced by Senators SCHUITMAKER and JONES and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 2962 (MCL 600.2962), as added by 1995 PA 249.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2962. (1) This section applies to an action for
professional
malpractice against a certified public accountant. A
Subject to subsection (2), a certified public accountant is liable
for civil damages in connection with public accounting services
performed by the certified public accountant only in 1 of the
following situations:
(a) A negligent act, omission, decision, or other conduct of
the certified public accountant if the claimant is the certified
public accountant's client.
(b) An act, omission, decision, or conduct of the certified
public accountant that constitutes fraud or an intentional
misrepresentation.
(c) A negligent act, omission, decision, or other conduct of
the certified public accountant if the certified public accountant
was
informed in writing directly by the client at the time before
commencement of the engagement that a primary intent of the client
was for the professional public accounting services to benefit or
influence the person bringing the action for civil damages. For the
purposes of this subdivision, the certified public accountant shall
also separately identify in writing directly to the client, before
commencement of the engagement, each person, generic group, or
class description that the certified public accountant intends to
have rely on the services. The certified public accountant may be
held liable only to each identified person, generic group, or class
description. The certified public accountant's written
identification shall include each person, generic group, or class
description identified by the client as being benefited or
influenced.
(2) A certified public accountant is not liable for civil
damages in any of the following situations:
(a) The claimant is not the certified public accountant's
client, but asserts standing to sue based on an assignment of the
claim from the client to the claimant.
(b) The claimant is not the certified public accountant's
client, but asserts standing to sue based on a voluntary surrender
of assets or acquisition of the claim by means of foreclosure or
surrender under any type of security agreement between the claimant
and the client.
(c) The claimant is not the certified public accountant's
client, but asserts standing to sue based on a writing referred to
in subsection (1)(c) that was not signed by the client himself or
herself, if an individual, or that was not signed by an officer,
manager, or member of the client, if an entity.