Advertising marketing and solicitation

Key Points

  • Advertising, marketing and solicitation are permitted for members in practice
  • Regulation 9 and APES 110 set standards for advertising and marketing for members in practice
  • The Institute provides information and support about how to market your practice

When entering practice, an important consideration is how best you can promote your services. Both Regulation 9 (paragraphs 1213 to 1214 and commentary following) and APES 110, Section 250 deal with advertising and marketing for members in practice.

The Institute also provides information and support about how to market your practice.

Members may approach potential clients personally, by advertising or through direct mailing. However, advertising, publicity and solicitation must not be false, misleading or deceptive nor should it bring the profession into disrepute.

The Commentary following Regulation 9/1214 includes examples of unacceptable advertising as being those that:

  1. Create false or unjustified expectations of favourable results
  2. Belittle others
  3. Imply the ability to influence any court, tribunal, regulatory agency or similar body or official thereof
  4. Consist of self-laudatory statements that are not based on verifiable facts
  5. Contain unidentified testimonials or endorsements
  6. Contain any representations that would be likely to cause a reasonable person to misunderstand or be deceived.

Members should note that there is no Institute rule against promoting yourself to the clients of another accountant to make them aware of the services that you provide and your contact information, provided that you observe the requirements identified above.

In July 1992, the Trade Practices Commission (a forerunner of the ACCC) issued its report Accountancy: Study of the Profession, Final Report. We understand that this report indicated that any ban against soliciting was considered to be anti-competitive, and therefore is not permissible under the Trade Practices Act.

Members in public practice must ensure that communications with particular potential clients are terminated when the recipient has so requested, either directly to the member or through the Institute. Any continued contact is regarded as harassment which is considered to be unethical conduct.

Link for information and support

Article last updated 5 May 2011