Title 31, Professions

The Chief Justice of the High Court of American Samoa has the power to: (1) examine, admit and reinstate attorneys and practitioners to practice law in American Samoa; (2) adopt reasonable rules and regulations to make effective the provisions of this chapter; and (3) appoint suc…

The Chief Justice shall formulate rules of professional conduct and has the power to enforce the same. Such rules are binding on all persons admitted to practice before the court. History: 1962, PL 7-36; 1970, PL 11-111.

The Chief Justice has authority to disbar, suspend or reprimand any attorney or practitioner admitted to practice before the court. History: 1970, PL 11-111.

(a) It is unlawful for any person, association, firm or corporation to engage in or attempt to engage in the practice of law, or to do, attempt to do or offer to do any act constituting the practice of law, except to the extent such person, firm or association is licensed or auth…

There is created the American Samoa Bar Association. The purposes of the Bar Association shall be to improve administration of justice. All persons admitted to the practice of law on a regular basis before any division of the High Court of American Samoa shall be members of the B…

This chapter may be cited as the “Public Accountancy Law of 1978”. History: 1978, PL 15-75.

It is the policy of this Territory, and the purpose of this chapter to promote the dependability of information which is used for guidance in financial transactions or for accounting for or assessing the status or performance of commercial and noncommercial enterprises, whether p…

When used in this chapter: (a) “Board” means the Territorial Board of Public Accountancy established in 31.0204. (b) “State” includes any State, Territory, or Insular Possession of the United States, and the District of Columbia. History: 1978, PL 15-75.

There is a Board of Public Accountancy to be known as the Territorial Board of Public Accountancy, which consists of 3 members appointed by the Governor. All members of the Board must be citizens or nationals of the United States and residents of this territory. Two members there…

The Governor shall remove or suspend any member of the Board for cause including any member thereof: (1) who ceases to engage in active practice as a Certified Public Accountant or as a public accountant, as the case may be; or (2) whose certificate of Certified Public Accountant…

The Board shall elect annually a chairman and a secretary-treasurer from its members. The Board shall conduct its meetings and keep records of its proceedings. History: 1978, PL 15-75.

Members of the Board of Accountants may not receive any compensation for performance of the duties imposed upon them by this chapter. History: 1978, PL 15-75.

The Board may: (1) conduct investigations and hearings, either upon complaint or on its own motion on any matter involving the conduct of Certified Public Accountants or public accountants or the violation of any of the provisions of this chapter; and (2) adopt, amend, and repeal…

The Board shall prepare and present an annual report to the Governor which shall include a statement of the Board’s activities and its receipts and expenditures during the preceding year together with such recommendations as the Board shall determine to be appropriate. History: 1…

(a) A Certificate of “Certified Public Accountant”, upon application to the Board, must be issued to a person: (1) who has attained 18 years of age, or more; (2) who is of good moral character; and (3) who meets the educational and examination requirements provided in 31.0211 thr…

A person applying for a certificate of certified public accountant: (1) before 1 January 1979, shall be required to have obtained a baccalaureate degree conferred by a college or university recognized by the Board; and (2) after 31 December 1988, shall be required to have obtaine…

A person who holds and has continued to hold a valid Certificate of Certified Public Accountant of another state for a period of not less than 10 years preceding the date of his application under 31.0210, and who is and continues to be in the active practice of public accountant …

A person applying for a Certificate of Certified Public Accountant is required to have satisfactorily completed an examination in accounting, auditing, and other related subjects as the Board determines to be appropriate. The examination shall be held by the Board and shall take …

(a) A person shall, upon application to the Board, be admitted to the examination who: (1) has met the applicable educational requirements prescribed in 31.0211; or (2) expects to meet the educational requirements within 120 days following the examination prescribed in 31.0213; o…

The Board may by rule prescribe the terms and conditions under which an applicant who has taken the examination described in 31.0213, but who has not satisfactorily completed that examination, may be given credit for any part thereof he has satisfactorily completed. The Board may…

A person shall, upon application to the Board, be exempt from the examination requirements specified in 31.0213, who is the holder of: (1) a valid certificate of certified public accountant issued under the laws of another state; or (2) a valid certificate, license, or degree in …

A person shall be issued a Certificate of Public Accountant who: (1) has attained 18 years of age, or more; (2) is of good moral character; and (3) meets other requirements as the Board may from time to time prescribe by rule. History: 1978, PL 15-94 § 3.

A person who, on 1 January 1978, holds registration of public accountant under the laws of this territory theretofore existing; or who holds a valid Certificate of Certified Public Accountant issued under the laws of another state; and who holds a registration to practice public …

(1) A person must, upon application to the Board, be issued a permit to practice public accountancy in this Territory, who: (A) is holding a current Certificate of Certified Public Accountant or a current registration as a public accountant; (B) has had at least 1 year’s experien…

(a) An applicant for admission to the examination described in 31.0213 shall pay a fee with the application for admission in the amount as the Board shall prescribe by rule. The Board may also prescribe by rule the terms and conditions upon which an applicant who is unable to att…

(a) The Board may: (1) cancel, revoke, suspend for a period not exceeding 2 years, or refuse to renew any Certificate of Certified Public Accountant, registration of public accountant or permit to practice issued under this chapter; or it may (2) censure a person holding any such…

(a) No person may assume or use the title or designation “Certified Public Accountant” or the abbreviation “CPA” or any other title, designation, words, letters, sign, card, or device likely to be confused with “Certified Public Accountant” or “CPA” or tending to indicate that th…

(a) A person may not sign or affix his name or any trade assumed name used by him in his profession or business with any wording indicating, suggesting, or implying that he is an accountant or auditor, or with any wording indicating, suggesting, or implying that he has special kn…

Nothing contained in this chapter prohibits any person: (1) who holds a current Certificate of Certified Public Accountant issued under this chapter from assuming and using the title and designation “Certified Public Accountant” or “CPA” provided, that if that person does not als…

Whenever the Board has reason to believe that any person has engaged, or is about to engage, in any act or practice which constitutes, or will constitute, a violation of 31.0222 through 31.0224, the Board may certify the facts underlying that belief to the Attorney General of thi…

Any person who violates any provision of 31.0222 through 31.0224 is guilty of a class B misdemeanor. Whenever the Board has reason to believe that any person is liable to punishment under this section, it may certify the facts underlying that belief to the Attorney General who sh…

The display or uttering by a person of a card, sign, advertisement, or other printed, engraved or written instrument or device bearing a person’s name in conjunction with the words “Certified Public Accountant” or any abbreviation thereof, of the words “Public Accountant” or any …

All statements, records, schedules, working papers, and memoranda made by a Certified Public Accountant or Public Accountant incident to or in the course of professional service to clients by that accountant, except reports submitted by a Certified Public Accountant or Public Acc…

This Act may be cited as the Notary Act of 2007. History: 2008, PL 30-18.

This Act shall be construed and applied to advance its underlying purposes, which are: (1) to promote, serve, and protect the public interest; (2) to simplify, clarify, and modernize the law governing notaries; (3) to foster ethical conduct among notaries; (4) to enhance cross-bo…

In this Act, unless the context otherwise requires, words in the singular include the plural, and words in the plural include the singular. History: 2008, PL 30-18.

The existing seal, length of commission term, and liability of current notaries commissioned before this Act’s effective date may not be invalidated, modified, or terminated by this Act, but those notaries shall comply with this Act in performing notarizations and in applying for…

If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act that can be given effect without the invalid provision or application, and to this end the provisions of this…

This Act shall take effect 180 days from the day it is signed by the Governor. History: 2008, PL 30-18.

For purposes of this title: (a) “Acknowledgment” means a notarial act in which an individual at a single time and place: (1) appears in person before the notary and presents a document; (2) is personally known to the notary or identified by the notary through satisfactory evidenc…

The Secretary shall adopt administrative rules pursuant to A.S.C.A. 4.1001 et seq. to implement the provisions of this title. History: 2008, PL 30-18.

(a) Except as provided in subsection (c), the Secretary shall issue a notary commission to any qualified person who submits an application in accordance with this article. (b) A person qualified for a notary commission shall: (1) be at least 18 years of age; (2) have a regular pl…

A person commissioned as a notary may perform notarial acts within the Territory of American Samoa for a term of 2 years, unless the commission is earlier revoked under section 31.0358 or resigned under section 31.0353. History: 2008, PL 30-18.

(a) A notary commission shall not be issued until a bond of $500 has been deposited with the Office of the Secretary who shall hold it in a special trust account, separate from that account which is provided for in section 31.0318(b), with payment of said bond funds to any person…

Upon issuing a notary commission, the Secretary shall provide to the notary: (1) a commission document stating the commission serial number and starting and ending dates; and (2) a Certificate of Authorization to Purchase a Notary Seal stating the commission serial number. Histor…

A current or former notary applying for a new notary commission shall submit a new completed application and comply anew with all of the provisions of section 31.0309 to 31.0319. History: 2008, PL 30-18.

Every application for a notary commission shall be made on paper forms determined by the Secretary and include: (1) a statement of the applicant’s personal qualifications, as described in Section 31.0315; (2) a certificate evidencing successful completion of a course of instructi…

The application for a notary commission shall state or include, at least: (1) the applicant’s date of birth; (2) the applicant’s residence address and telephone number; (3) the applicant’s business and telephone number, the business mailing address, if different, and the name of …

(a) Every applicant for a notary commission shall take, within the 3 months preceding the application, a course of instruction of at least 3 hours approved by the Secretary, and pass a written examination of this course. (b) The content of the course and the basis for the written…

Every applicant for a notary commission shall sign the following declaration in the presence of a notary of this Territory: “Declaration of Applicant I, __________________________(name of applicant), solemnly swear or affirm under penalty of perjury that the personal information …