§5604. Actions for professional accounting liability
A. No action for damages against any accountant duly licensed under the laws of this state, or any firm as defined in R.S. 37:71, whether based upon tort, or breach of contract, or otherwise, arising out of an engagement to provide professional accounting service shall be brought unless filed in a court of competent jurisdiction and proper venue within one year from the date of the alleged act, omission, or neglect, or within one year from the date that the alleged act, omission, or neglect is discovered or should have been discovered; however, even as to actions filed within one year from the date of such discovery, in all events such actions shall be filed at the latest within three years from the date of the alleged act, omission, or neglect.
B. The provisions of this Section are remedial and apply to all causes of action without regard to the date when the alleged act, omission, or neglect occurred. However, with respect to any alleged act, omission, or neglect occurring prior to September 7, 1990, actions must, in all events, be filed in a court of competent jurisdiction and proper venue on or before September 7, 1993, without regard to the date of discovery of the alleged act, omission, or neglect. The one-year and three-year periods of limitation provided in Subsection A of this Section are peremptive periods within the meaning of Civil Code Article 3458 and, in accordance with Civil Code Article 3461, may not be renounced, interrupted, or suspended.
C. Notwithstanding any other law to the contrary, in all actions brought in this state against any accountant duly licensed under the laws of this state, or any firm as defined in R.S. 37:71, whether based on tort or breach of contract or otherwise arising out of an engagement to provide professional accounting service, the prescriptive and peremptive period shall be governed exclusively by this Section and the scope of the accountant's duty to clients and nonclients shall be determined exclusively by applicable Louisiana rules of law, regardless of the domicile of the parties involved.
D. The provisions of this Section shall apply to all persons whether or not infirm or under disability of any kind and including minors and interdicts.
E. The peremptive period provided in Subsection A of this Section shall not apply in cases of fraud, as defined in Civil Code Article 1953.
F. The peremptive periods provided in Subsections A and B of this Section shall not apply to any proceedings initiated by the State Board of Certified Public Accountants of Louisiana.
Acts 1990, No. 683, §1; Acts 1992, No. 611, §1; Acts 1995, No. 190, §1.
Notes of Decisions
Ascension Sch. Emp. Credit Union v. Psha, 916 So. 2d 252 (La. Ct. App. 2005).
· cites it 23× “APPLICABLE LAW This case involves application of LSA-R.S. 9:5604 as well as legislative enactments found in Title 37 of the Revised Statutes.”
Short v. Giffin, 682 So. 2d 249 (La. Ct. App. 1996).
· cites it 15× “In support of that motion, they argued that the provisions of LSA-R.S. 9:5604, which establish a one and three year peremptive period in an action for professional accounting liability, was applicable.”
Borel v. Young, 989 So. 2d 42 (La. 2008).
· cites it 7× “[5] Further support for this conclusion can be found in La.Rev.Stat. §§ 9:5604, 5605, 5606, in which the Legislature utilized essentially identical language to that contained in the three-year provision at issue to establish a three-year peremptive period for actions for…”
Bernard v. Est. of Laporte, 113 So. 3d 397 (La. Ct. App. 2013).
· cites it 13× “R.S. 9:5604 to specify that the statute’s time limitations are peremptive, the legislature enacted statutes in Title 37 relating to claims against certified public accountants or firms.”
Saia v. Asher, 825 So. 2d 1257 (La. Ct. App. 2002).
· cites it 5× “R.S. 9:5604. La. R.S. 9:5604 provides the peremptive period applicable to actions concerning professional accounting liability.”
Bardwell v. Faust, 962 So. 2d 13 (La. Ct. App. 2007).
· cites it 6× “R.S. 9:5604 and should be dismissed. On December 28, 2005, the trial court signed an attached order fixing the motion for hearing on February 22, 2006.”
Harvey v. Dixie Graphics, Inc., 593 So. 2d 351 (La. 1992).
“We merely conclude that because the facts arose before the effective date of this statute, the statute can not apply.”
Roger v. Dufrene, 613 So. 2d 947 (La. 1993).
“R.S. 9:5604). [7] A similar statute for actions for "professional insurance agent liability" was enacted by La.”
Ls Huckabay, Md Mem'l Hosp. v. Kpmg, 843 So. 2d 1186 (La. Ct. App. 2003).
· cites it 2× “R.S. 9:5604, which provides, in part: A. No action for damages against any accountant duly licensed under the laws of this state, or any firm as defined in R.”
La. Rev. Stat. § 9:5604(A): 1 case
La. Rev. Stat. § 9:5604(B): 4 cases
Short v. Giffin, 682 So. 2d 249 (La. Ct. App. 1996).
“In support of that motion, they argued that the provisions of LSA-R.S. 9:5604, which establish a one and three year peremptive period in an action for professional accounting liability, was applicable.”
Bernard v. Est. of Laporte, 113 So. 3d 397 (La. Ct. App. 2013).
“R.S. 9:5604 to specify that the statute’s time limitations are peremptive, the legislature enacted statutes in Title 37 relating to claims against certified public accountants or firms.”
La. Rev. Stat. § 9:5604(C): 1 case
Short v. Giffin, 682 So. 2d 249 (La. Ct. App. 1996).
“In support of that motion, they argued that the provisions of LSA-R.S. 9:5604, which establish a one and three year peremptive period in an action for professional accounting liability, was applicable.”
La. Rev. Stat. § 9:5604(E): 4 cases
La. Rev. Stat. § 9:5604(F): 1 case
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