CPA / Confidentiality / Fiduciary

or Register to post new content in the forum

 

Comments

  • Allowed HTML tags: <em> <strong> <blockquote> <br> <p>

Plain text

  • No HTML tags allowed.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Lines and paragraphs break automatically.
Dec 17, 2009 8:20 pm

I have a client that's going through a very nasty divorce. The wife's lawyer asked me for all of the records that pertain to his C Corporation. I told here I would require a court order or the clients consent. The client said NO and no court order was presented. No records were given.

 
However, his CPA gave all records with no order and no consent that included not only his info. but that of the employees and shareholders (only two).
 
The CPA's wife is good friends with the clients' soon to be X.
 
Would that be a huge breach of confidentiality? or even illegal? I would hope that if a broker did that he would loose his license.
 
Any thoughts or advise is greatly appreciated in advance.
Dec 17, 2009 8:29 pm
Gaddock:

I have a client that's going through a very nasty divorce. The wife's lawyer asked me for all of the records that pertain to his C Corporation. I told here I would require a court order or the clients consent. The client said NO and no court order was presented. No records were given.



However, his CPA gave all records with no order and no consent that included not only his info. but that of the employees and shareholders (only two).



The CPA's wife is good friends with the clients' soon to be X.



Would that be a huge breach of confidentiality? or even illegal? I would hope that if a broker did that he would loose his license.



Any thoughts or advise is greatly appreciated in advance.





G - He could lose his license.



That is IF the C corp is separate property. If it is not, then by the laws in your state, she is technically an owner of the company according to the law, even if she is not listed as a shareholder.



If he had the C corp BEFORE they got married, it could be considered separate property. If not, it is a community property state and she is entitled to see the records. Especially if they file a joint return and the shareholder returns are listed on the tax docs.



PM me if you want more specifics. I have some special knowledge in that area.

Dec 17, 2009 8:39 pm

Wow! thanks!! Look for a PM!!


This guy is very HNW. The fact I didn't cave to the little wicked bbiitch has scored major points. Beyond points and business how could he hand it over in good conscience.
Dec 18, 2009 7:00 am

Gaddock, are you 100% positive that it's a C corp?