2026 -- H 7839 | |
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LC005418 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
____________ | |
A N A C T | |
RELATING TO BUSINESSES AND PROFESSIONS -- PUBLIC ACCOUNTANCY | |
| |
Introduced By: Representative Brandon T. Voas | |
Date Introduced: February 27, 2026 | |
Referred To: House Corporations | |
(Dept. of Business Regulation) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 5-3.1-3, 5-3.1-4, 5-3.1-5, 5-3.1-7, 5-3.1-8, 5-3.1-9, 5-3.1-11, 5-3.1- |
2 | 12, 5-3.1-14, 5-3.1-15, 5-3.1-16, 5-3.1-18, 5-3.1-19 and 5-3.1-20 of the General Laws in Chapter |
3 | 5-3.1 entitled "Public Accountancy" are hereby amended to read as follows: |
4 | 5-3.1-3. Definitions. |
5 | As used in this chapter, unless the context requires otherwise, the following terms are |
6 | construed as follows: |
7 | (1) “Active individual participant” means an individual who is actively engaged in the firm |
8 | or its affiliated entities and whose primary occupation consists of providing client services or |
9 | participating in the management of the firm. |
10 | (2) “AICPA” means the American Institute of Certified Public Accountants. |
11 | (3) “Attest” means providing the following services: |
12 | (i) Any audit or other engagement to be performed in accordance with the Statements on |
13 | Auditing Standards (SAS); |
14 | (ii) Any review of a financial statement to be performed in accordance with the Statement |
15 | on Standards for Accounting and Review Services (SSARS); |
16 | (iii) Any examination of prospective financial information to be performed in accordance |
17 | with the Statements on Standards for Attestation Engagements (SSAE); |
18 | (iv) Any engagement to be performed in accordance with the standards of the public |
19 | company accounting oversight board PCAOB; |
| |
1 | (v) Any examination, review, or agreed-upon procedures engagement to be performed in |
2 | accordance with the SSAE, other than an examination described in subsection (1)(iii); and |
3 | (vi) The statements on standards specified in this definition shall be adopted by reference |
4 | by the board pursuant to rulemaking and shall be those developed for general application by |
5 | recognized national accountancy organizations, such as the American Institute of Certified Public |
6 | Accountants AICPA, and the Public Company Accounting Oversight Board PCAOB. |
7 | (2)(4) “Authority” means an authority to practice as a public accountant in this state granted |
8 | by the public accountants advisory commission under former § 5-3-6 (P.L. 1962, chapter 228, |
9 | Section 1, as amended by P.L. 1970, chapter 272, Section 1). |
10 | (5) “Baccalaureate degree” means a post-secondary bachelor’s degree awarded by a college |
11 | or university for completion of a course of study. |
12 | (3)(6) “Board” means the board of accountancy, a public authority created by § 5-3.1-4. |
13 | (4) “Certificate” means a certificate as certified public accountant issued under this chapter |
14 | or corresponding provisions of prior law, or a corresponding certificate as certified public |
15 | accountant issued after examination under the law of any other state. |
16 | (5)(7) “Certified public accountant” or “CPA” means a person holding a certificate license |
17 | issued under this chapter or corresponding provisions of prior law or under the accountancy act or |
18 | similar law of any other state. |
19 | (8) “CPA Exam” means the Uniform Certified Public Accountant Examination |
20 | administered by the AICPA and NASBA. |
21 | (6)(9) “Compilation” means providing a service to be performed in accordance with the |
22 | Statement on Standards for Accounting and Review Services (SSARS), as adopted by the American |
23 | Institute of Certified Public Accountants AICPA, that is presenting in the form of financial |
24 | statements, information that is the representation of management without undertaking to express |
25 | any assurance on the statements. |
26 | (7)(10) “Entity” includes a general partnership, limited-liability company, limited-liability |
27 | partnership, corporation, sole proprietor, trust, and joint venture and other professional business |
28 | structures. |
29 | (8) “Good moral character” for purposes of this section, means lack of a history of |
30 | dishonest or felonious acts. |
31 | (11) “License” means the license issued under this chapter to a certified public accountant |
32 | and the permit issued under this chapter to a public accountant. |
33 | (9)(12) “Licensee” means the holder of a certificate, license authority, or permit issued |
34 | under this chapter or under the prior laws of this state. |
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1 | (10)(13) “Majority” refers to more than fifty percent (50%) ownership in terms of financial |
2 | interests and voting rights. |
3 | (14) “NASBA” means the National Association of State Boards of Accountancy. |
4 | (15) “PCAOB” means the Public Company Accounting Oversight Board. |
5 | (11)(16) “Peer review” means a study, appraisal, or review of one or more aspects of the |
6 | professional work of a practice unit engaged in the practice of public accountancy in this state, by |
7 | a licensee or licensees who are not affiliated with the practice unit being reviewed. |
8 | (12) “Permit” means a permit to practice public accountancy issued under § 5-3.1-7, § 5- |
9 | 3.1-8, or § 5-3.1-9, or under corresponding provisions of prior law, or under corresponding |
10 | provisions of the law of any other state. |
11 | (17) “Post-baccalaureate degree” means a master’s degree, doctor of philosophy (Ph.D), |
12 | juris doctor (J.D.) or other graduate degree awarded by a college or university for completion of a |
13 | course of study. |
14 | (13)(18) “Practice of (or practicing) public accounting or accountancy” means the |
15 | performance of, or the offering to perform, in an independent posture, for a client or potential client, |
16 | one or more kinds of services involving the use of accounting or auditing skills, in connection with |
17 | the issuance of reports as defined in subsection (17)(23). |
18 | (14)(19) “Practice unit” OR “CPA Firm” means a sole proprietorship, corporation, general |
19 | partnership, limited-liability company, limited-liability partnership, or other entity engaged in the |
20 | practice of public accounting in this state. For the purpose of this chapter, the office of the auditor |
21 | general is considered a practice unit. |
22 | (20) “Practice unit permit” means a permit issued to a practice unit engaged in the practice |
23 | of public accounting in this state. |
24 | (15)(21) “Principal residence place of business” means the state in which a person has the |
25 | right to register to vote for, or the right to vote in, general elections and in which he or she qualifies |
26 | to file a resident state income tax return office location designated by the licensee for purposes of |
27 | mobility practice privileges and reciprocity. |
28 | (16)(22) “Public accountant” or “PA” means a person holding an authority as a public |
29 | accountant issued under the prior laws of this state. |
30 | (17)(23) “Report” means an opinion, report, or other form of language that states or implies |
31 | assurance as to the reliability of the attested information or compiled financial statements and that |
32 | also includes, or is accompanied by, a statement or implication that the person or practice unit |
33 | issuing the financial statements has special knowledge or competence in accounting or auditing. A |
34 | statement or implication of special knowledge or competence may arise from use by the issuer of |
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1 | the report of names or titles indicating that the issuer is an accountant or auditor, or from the |
2 | language of the report itself. The term “report” includes any form of language that disclaims an |
3 | opinion when that language is conventionally understood to imply any positive assurance as to the |
4 | reliability of the attested information or compiled financial statements referred to and/or any special |
5 | competence on the part of the person or practice unit issuing that language; and it also includes any |
6 | other form of language that is conventionally understood to imply that assurance and/or special |
7 | knowledge or competence. |
8 | (18)(24) “State” means the states any states of the United States, the District of Columbia, |
9 | Puerto Rico, Guam, and the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana |
10 | Islands. The term “this state” means the state of Rhode Island. |
11 | (19)(25) “Substantial equivalency” means a determination by the board of accountancy |
12 | that the education, examination, and experience requirements contained in the statutes and |
13 | administrative rules of another state or foreign jurisdiction are comparable to or exceed the |
14 | education, examination, and experience requirements included in this chapter in the Uniform |
15 | Accountancy Act or that an individual CPA’s education, examination, and experience |
16 | qualifications are comparable to or exceed the education, examination, and experience |
17 | requirements contained in this chapter the Uniform Accountancy Act. In ascertaining substantial |
18 | equivalency as used in this chapter, the board shall take into account the qualifications without |
19 | regard to the sequence in which experience, education, or examination requirements were attained. |
20 | 5-3.1-4. Board of accountancy. |
21 | (a) There is created a board of accountancy in and for the state of Rhode Island, to be |
22 | known as the Rhode Island board of accountancy. The board shall consist of five (5) members. All |
23 | members shall be appointed by the governor. Membership of the board shall consist of three (3) |
24 | four (4) members who hold certificates and valid permits active licenses to practice as certified |
25 | public accountants in this state and who are in public practice as certified public accountants in this |
26 | state, and one member who holds an authority and a valid permit to practice as a public accountant |
27 | in this state unless the governor shall not be able to find a qualified appointee within the class of |
28 | public accountants at which time the governor shall appoint a certified public accountant. All four |
29 | (4) of those members shall have at least ten (10) years’ experience in a full-time practice of public |
30 | accountancy. The fifth member shall be from the public sector and shall have professional or |
31 | practical experience in the use of accounting services and financial statements as to be qualified to |
32 | evaluate whether the qualifications, activities, and professional practice of those persons and firms |
33 | regulated under this chapter conform with the standards established to protect the public interest. |
34 | The board member from the public sector shall be designated as the public’s member to the board |
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1 | for the term of service appointed. Except as provided, the term of the members of the board shall |
2 | be five (5) years. No member of the board shall be associated in the practice of accountancy, either |
3 | individually or as a member of a firm, with any other member of the board. The members of the |
4 | Rhode Island board of accountancy appointed and serving under prior law on July 1, 1995, shall |
5 | serve out the terms for which they were originally appointed as members of the board created by |
6 | this section. Vacancies occurring during any term shall be filled by appointment by the governor |
7 | for the unexpired term. Upon the expiration of his or her their term of office, a member shall |
8 | continue to serve until his or her their successor has been appointed and has assumed office. The |
9 | governor shall remove from the board any member whose certificate, authority, or permit license |
10 | has been revoked, suspended, or not renewed. No person who has served two (2) consecutive, |
11 | complete terms is eligible for reappointment. Serving the remainder of an unexpired term upon |
12 | appointment by the governor to fill a vacancy on the board shall not be considered as serving a |
13 | complete term. |
14 | (b) The board shall elect annually from among its members a chairperson and any other |
15 | officers that it deems appropriate. The board shall meet at any times and places that are fixed by |
16 | the board and in any event shall meet no less than four (4) times each year. Three (3) members of |
17 | the board shall constitute a quorum for the transaction of business. The board shall have a seal |
18 | which shall be judicially noticed. The board shall retain or arrange for the retention of all |
19 | applications and documents under oath that are filed with the board, and shall maintain a registry |
20 | of the names and addresses of all licensees. The board shall keep records of its proceedings, and in |
21 | any proceeding in court, civil or criminal, arising out of, or founded upon, any provision of this |
22 | chapter, copies of the records certified as correct under the seal of the board are admissible in |
23 | evidence. |
24 | (c) Each member of the board shall be reimbursed for actual and necessary expenses |
25 | incurred in the discharge of those duties, but shall not receive compensation for their services on |
26 | the board. |
27 | (d) All fees and monies derived under the provisions of this chapter shall be paid to, and |
28 | received by, the general treasurer of the state of Rhode Island, who shall keep the monies in a |
29 | restricted receipt account. All monies in the restricted receipt account shall be used to reimburse |
30 | the board for expenses incurred in the administration and enforcement of this chapter. The board |
31 | treasurer is authorized and directed to draw orders upon the general treasurer for payment from the |
32 | restricted receipt account upon receipt by the board treasurer of vouchers authenticated by the |
33 | chairperson, vice chairperson, or secretary of the board. |
34 | (e) The board shall maintain on its website an annual report of its activities with the |
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1 | governor and the general assembly of this state. The report shall include, but not be limited to, a |
2 | statement of all receipts and disbursements and a listing of all current licensees. |
3 | (f) The board shall prescribe any rules and regulations not inconsistent with the provisions |
4 | of this chapter that it deems consistent with, or required by, the public welfare and policy |
5 | established in § 5-3.1-2. Those rules and regulations may include: |
6 | (1) Rules and regulations of procedure for governing the conduct of matters before the |
7 | board; |
8 | (2) Rules and regulations of professional conduct for establishing and maintaining high |
9 | standards of competence and integrity in the profession of public accounting; |
10 | (3) Rules and regulations governing educational and experience requirements for the |
11 | issuance of certificates licenses; |
12 | (4) Rules and regulations establishing requirements for continuing education to promote |
13 | the professional competence of holders of permits, which the board may require those holders to |
14 | meet as a condition of their continuing in the practice of public accounting; |
15 | (5) Rules and regulations governing practice units engaged in the practice of public |
16 | accounting, including, but not limited to, rules and regulations concerning the style, name, title, |
17 | and affiliation with any other organization, and establishing reasonable standards as to professional |
18 | liability insurance; |
19 | (6) Rules and regulations for reviewing and monitoring professional performance and |
20 | conducting peer reviews; |
21 | (7) Any other rules and regulations that the board deems necessary or appropriate in |
22 | exercising its functions under this chapter. |
23 | (g) The promulgation of any rule, regulation, or amendment to it under subsection (f) of |
24 | this section, or under any other provision of this chapter, shall be in accordance with § 42-35-3. |
25 | (h) The board may employ or utilize any personnel and arrange for or accept any assistance, |
26 | legal or otherwise, that it requires for the performance of its duties. It may also establish one or |
27 | more advisory committees as it deems necessary in the performance of its duties. The authority and |
28 | term of that advisory committee may be permanent or temporary in nature as determined by the |
29 | board. |
30 | (i) In addition to its rulemaking authority, the board has the power to take all action that is |
31 | necessary and proper to effectuate the purposes of this chapter, including the power to: |
32 | (1) Sue and be sued in its official name as an agency of this state; |
33 | (2) Investigate all complaints and charges of unprofessional conduct, including, but not |
34 | limited to, conduct specified under § 5-3.1-12, against any licensee or any applicant for a certificate |
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1 | license or permit, and to hold hearings, in accordance with the provisions of § 5-3.1-14, to |
2 | determine whether those complaints and charges are substantiated; |
3 | (3) Appoint one or more members of the board, legal counsel, and/or an independent |
4 | investigator to act on behalf of the board in investigating the conduct of any licensee, or of any |
5 | applicant for a certificate licenses or permit, or, in the alternative, to appoint a probable-cause |
6 | committee to investigate that conduct on its behalf, the committee to be comprised of licensees in |
7 | good standing, as the board determines; and |
8 | (4) Issue subpoenas, administer oaths, and summon and examine witnesses in connection |
9 | with any investigation conducted under authority of this chapter. If a subpoena is disobeyed, the |
10 | board may invoke the aid of any court of competent jurisdiction in this state to require the |
11 | attendance and testimony of witnesses and the production of documentary evidence. |
12 | (j) The board and its members and agents are immune from personal liability for actions |
13 | taken in good faith in the discharge of the board’s responsibilities, and the state of Rhode Island |
14 | shall indemnify the board and those members and agents for, and hold them harmless from, any |
15 | and all costs, damages, and reasonable attorney’s fees arising from, or related in any way, to claims |
16 | or actions against them as to matters to which the immunity applies. |
17 | (k) The board shall adopt rules and regulations to implement substantial equivalency |
18 | individual mobility practice privileges as set forth in § 5-3.1-7(g) § 5-3.1-5(f). |
19 | 5-3.1-5. Certified public accountants General requirements for certified public |
20 | accountants licensure. |
21 | (a) Application for a CPA license, initial or reciprocal, shall be made as instructed by the |
22 | board and include payment of the required fee, as determined by the board by rule or regulation. |
23 | Upon application for a certificate and payment of the required fee, the board shall issue a certificate |
24 | to any person who: |
25 | (b) To be eligible for initial licensure as a CPA in this state, an applicant shall satisfy all |
26 | applicable requirements of this chapter, and demonstrate eligibility for CPA licensure through one |
27 | of the following pathways: |
28 | (1) Is of good moral character; |
29 | (2) Has a principal residence in Rhode Island as defined in § 5-3.1-3 or a primary place of |
30 | employment in Rhode Island; |
31 | (1) A post-baccalaureate degree, conferred by a college or university acceptable to the |
32 | board, the total educational program to include an accounting concentration or equivalent and |
33 | courses in any related subjects that the board determines to be appropriate; evidence of passing |
34 | scores on the CPA exam; and one year of experience in providing any type of service or advice |
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1 | involving the use of accounting, attest, management advisory, financial advisory, tax, or consulting |
2 | skills, all of which were verified by a licensee, meeting requirements prescribed by the board by |
3 | rule. |
4 | (3)(2) Has received a A baccalaureate degree and completion of an additional thirty (30) |
5 | semester credit hours both conferred by from a college or university acceptable to the board, the |
6 | total educational program of which includes an accounting concentration or its equivalent and |
7 | courses in any related subjects that the board determines to be appropriate; evidence of passing |
8 | scores on the CPA exam; and one year of experience in providing any type of service or advice |
9 | involving the use of accounting, attest, management advisory, financial advisory, tax, or consulting |
10 | skills, all of which were verified by a licensee, meeting requirements prescribed by the board by |
11 | rule. |
12 | (3) A baccalaureate degree conferred by a college or university acceptable to the board, the |
13 | total educational program of which includes an accounting concentration or its equivalent and |
14 | courses in any related subjects that the board determines to be appropriate; evidence of passing |
15 | scores on the CPA exam; and two (2) years of experience in providing any type of service or advice |
16 | involving the use of accounting, attest, management advisory, financial advisory, tax, or consulting |
17 | skills, all of which were verified by a licensee, meeting requirements prescribed by the board by |
18 | rule. |
19 | provided, the education requirement for a certificate shall be at least one hundred fifty (150) |
20 | semester hours of college education, including a baccalaureate or higher degree conferred by a |
21 | college or university acceptable to the board, the total educational program of which includes an |
22 | accounting concentration or equivalent as determined by board rule to be appropriate; provided, |
23 | that a candidate who has not met the one-hundred-fifty-hour (150) education requirement may sit |
24 | for an examination if the candidate has, at the time of the examination, completed not less than one |
25 | hundred twenty (120) semester hours of education, provided that such candidate who successfully |
26 | passes the examination will not be eligible to receive a certificate until the applicant completes the |
27 | one-hundred-fifty-hour (150) education requirement and the experience requirement; |
28 | (4) Has passed examinations in accounting and auditing and any related subjects that the |
29 | board deems appropriate and specifies by rule; |
30 | (5) Has one year of experience in providing any type of service or advice involving the use |
31 | of accounting, attest, management advisory, financial advisory, tax, or consulting skills, all of |
32 | which were verified by a licensee, meeting requirements prescribed by the board by rule. This |
33 | experience would be acceptable if it was gained through employment in government, industry, |
34 | academia, or public practice. After December 31, 1999, the person must also have completed one |
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1 | hundred fifty (150) hours or received a master’s or doctorate degree in accounting, business |
2 | administration, or other related curriculum from a college or university recognized by the board; |
3 | and have satisfactorily completed any number of semester hours in accounting, auditing, and other |
4 | business courses that are prescribed by board rules and regulations; and |
5 | (6) If an out-of-state individual: |
6 | (i) Has passed all parts of the uniform certified public accountant examination in another |
7 | jurisdiction, but has not received a certificate or similar certification in that jurisdiction; |
8 | (ii) Has established a principal residence in Rhode Island or a primary place of employment |
9 | in Rhode Island preparatory to seeking a certificate from this state; |
10 | (iii) Has complied with the longer of: |
11 | (A) The experience requirement in the jurisdiction in which the uniform examination was |
12 | taken; or |
13 | (B) The Rhode Island experience requirement; |
14 | (iv) Has complied with the educational requirements under subsection (a)(3); and |
15 | (v) Has satisfactorily complied with any other requirements that the board by rule or |
16 | regulation reasonably determines to be appropriate. |
17 | (b) The board, in its discretion, may accept the educational credits of any person who is a |
18 | candidate for a certificate if it is satisfied, by appropriate means of evaluation, that the credits are |
19 | an acceptable substitute for the credit requirements of subsection (a)(3). The board, in its discretion, |
20 | may waive the residency or primary place of employment requirements relating to the issuance of |
21 | a certificate as stated in subsections (a)(2) and (a)(6). |
22 | The examinations described in subsection (a)(4) are held by the board and shall take place as often |
23 | as the board determines to be desirable, but in any event not less frequently than once each year. |
24 | The board shall prescribe by rule the procedures to be followed in applying for and conducting the |
25 | examinations and the methods to be used in grading the examinations and determining a passing |
26 | grade. |
27 | (c) Examination requirement |
28 | (1) In situations where a candidate is enrolled in a dual degree program, and the |
29 | baccalaureate degree is conferred at or after the completion of the master’s degree, the candidate is |
30 | eligible to sit for the CPA exam upon completion of the baccalaureate degree requirements |
31 | including the accounting concentration or equivalent and courses in any related subjects that the |
32 | board determines to be appropriate. However, that candidate will not be eligible to receive a license |
33 | until they pass the CPA exam and complete all applicable education and experience requirements |
34 | set forth in this section. |
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1 | (2) The board may make use of any or all parts of the uniform certified public accountant |
2 | examination CPA Exam and advisory grading service provided by the American Institute of |
3 | Certified Public Accountants AICPA and NASBA, and may contract with third parties to perform |
4 | any administrative services with respect to the examinations that the board deems appropriate to |
5 | assist it in performing its duties under this section. The board shall prescribe by rule the methods |
6 | of applying for and conducting the examination, the required content of the exam, which sections |
7 | are required, the setting and payment of fees, methods for grading and determining a passing grade, |
8 | and penalties for anyone found to have cheated on any part of a CPA exam. |
9 | (d) The board may, by rule or regulation, provide for the granting of credit to a candidate |
10 | for the satisfactory completion by the candidate of an examination, in any one or more of the |
11 | subjects referred to in subsection (a)(4), that is given by the licensing authority in any other state. |
12 | Any rules and regulations shall include the requirement that any examination approved as a basis |
13 | for the granting of credit is, in the judgment of the board at the time of the granting of the credit, at |
14 | least as thorough as the most recent examination given by the board in the subject or subjects tested. |
15 | The board may also, by rule or regulation, prescribe terms and conditions under which a candidate |
16 | who passes the examination in one or more of the subjects referred to in subsection (a)(4) may be |
17 | reexamined in the remaining subjects, with credit given for the subjects previously passed. It also |
18 | may provide by rule or regulation for a reasonable waiting period for a candidate’s reexamination |
19 | in a subject previously failed. Subject to the preceding and to any other rules and regulations that |
20 | the board may adopt governing reexaminations, a candidate is entitled to any number of |
21 | reexaminations. Except as the board may provide by a rule or regulation in order to prevent what it |
22 | determines to be undue hardship to candidates, a candidate granted credit for satisfactory |
23 | examination in any one or more of the subjects referred to in subsection (a)(4) shall have met the |
24 | educational requirement of subsection (a)(3) or (a)(5) of this section in effect on the date of the |
25 | examination by which the candidate successfully completes the examination under subsection |
26 | (a)(4). |
27 | (e) The board shall charge each candidate for a certificate a fee for the initial examination |
28 | under subsection (a), for reexamination under subsection (d) for each subject in which the candidate |
29 | is reexamined, and for evaluation of a candidate’s educational qualifications under subsection (b). |
30 | The applicable fee shall be paid by the candidate at the time of application for the examination, |
31 | reexamination, or evaluation. Fees for examination, reexamination, and evaluation of educational |
32 | qualifications shall be determined by the board and prescribed in the rules and regulations issued |
33 | by the board. The liability of the board to a candidate taking an examination or reexamination is |
34 | limited to the amount of the fee received for the examination. |
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1 | (f) Persons who on July 1, 1995, hold a certificate issued under the laws of this state prior |
2 | to that date are not required to obtain an additional certificate under this chapter, but are subject to |
3 | all the provisions of this chapter; the certificate previously issued is, for all purposes, considered a |
4 | certificate issued under this chapter and subject to the provisions of this chapter. Reinstatement |
5 | power is vested in the board as to those certificates suspended or revoked prior to July 1, 1995, and |
6 | the holder of those certificates may have them reissued upon application for reissuance in |
7 | accordance with § 5-3.1-15. Persons holding certificates on July 1, 1995, who are estopped from |
8 | obtaining a permit under government employment restrictions may apply for a permit under § 5- |
9 | 3.1-7 within one year following termination of that employment, and upon obtaining the permit |
10 | may engage in the practice of public accounting in this state as a certified public accountant subject |
11 | to the provisions of this chapter. |
12 | (g)(1)(d) The board shall, upon application for a certificate and payment of a fee to be |
13 | determined by the board and promulgated by rule or regulation, issue a certificate to a holder of a |
14 | certificate issued by another state, provided that: Reciprocal licensure: A CPA who holds a valid |
15 | license in good standing issued by another state and who desires to practice in this state may qualify |
16 | for reciprocity as follows: |
17 | (1) Meeting the individual mobility practice privilege requirements set forth in subsection |
18 | (f) of this section; or |
19 | (2) If the applicant does not qualify for reciprocity under subsection (f) of this section, the |
20 | applicant must submit an application that includes evidence of: |
21 | (i) Passing the CPA exam; |
22 | (ii) After passing the CPA exam and within ten (10) years immediately preceding the |
23 | application, having at least four (4) years of experience in providing any type of service or advice |
24 | involving the use of accounting, attest, management advisory, financial advisory, tax, or consulting |
25 | skills, all of which were verified by a licensee, meeting requirements prescribed by the board by |
26 | rule; and |
27 | (iii) If the applicant’s license in another state was issued more than four (4) years prior to |
28 | the application for issuance of a license under this section, evidence that the applicant has fulfilled |
29 | the requirements of continuing professional education that would have been applicable under § 5- |
30 | 3.1-7. |
31 | (3) A CPA licensed by another state who established their principal place of business in |
32 | this state shall apply for a CPA license in this state prior to establishing such principal place of |
33 | business. |
34 | (i) The applicant meets all current requirements in this state at the time application is made; |
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1 | and |
2 | (ii) At the time of the issuance of the applicant’s certificate in the other state, the applicant |
3 | met all requirements then applicable in this state unless reciprocity is allowed under the substantial |
4 | equivalency standard in § 5-3.1-7. |
5 | (2) If the holder of a certificate issued by another state meets all current requirements in |
6 | this state except the educational or experience requirements of this state as prescribed in this |
7 | section, or passed the examination under different credit provisions then applicable in this state, the |
8 | board shall issue a certificate to the applicant upon application for the certificate and upon payment |
9 | of the required fee, provided that: |
10 | (i) The applicant has four (4) years of experience of the type described in subsection (a)(5) |
11 | or meets comparable requirements prescribed by the board by rule within the ten (10) years |
12 | immediately prior to the application; or |
13 | (ii) The applicant has five (5) years of experience in the practice of public accountancy |
14 | over a longer or earlier period and has completed fifteen (15) current semester hours of accounting, |
15 | auditing, and any other related subject that the board specifies by rule, at an accredited institution, |
16 | and has one year of current experience in the practice of public accountancy. |
17 | (h)(4) An applicant for issuance of a certificate under this section license by reciprocity |
18 | shall list in the application all other states in which the applicant has applied for or holds a certificate |
19 | license. Each applicant for or holder of a certificate license issued under this section shall, within |
20 | thirty (30) days of the occurrence of that event, notify the board, in writing, of the issuance, denial, |
21 | revocation, or suspension of a certificate license by any other state, or of the commencement of a |
22 | disciplinary or enforcement action against the applicant or holder by any other state. |
23 | (e) Submission of an application for a license by any person who is not a resident of this |
24 | state, constitutes the appointment of the secretary of state as an agent for the applicant for service |
25 | of process in any action or proceeding arising out of any transaction or operation connected with |
26 | or incidental to the practice of public accounting in this state by the applicant. |
27 | (f) Individual mobility practice privilege: |
28 | (1) Notwithstanding any other provision of law, an individual who holds a valid license in |
29 | good standing as a CPA from any state and whose principal place of business is not in this state, |
30 | who offers or renders professional services in this state, whether in person, by mail, telephone, or |
31 | electronic means, shall be granted practice privileges in this state and no notice, fee, or other |
32 | submission shall be required from any such individual, provided that: |
33 | (i) At the time of initial licensure, such individual was required to show evidence of having |
34 | met the requirements of one of the three (3) pathways set forth in subsection (b) of this section; or |
| LC005418 - Page 12 of 33 |
1 | (ii) Such individual held an active license as a CPA in good standing from any state as of |
2 | December 31, 2024, and as of such date, had practice privileges in this state. |
3 | (2) Any individual licensee of another state exercising the privilege afforded under this |
4 | subsection and the CPA firm that employs that licensee hereby simultaneously consent, as a |
5 | condition of the granting of this privilege: |
6 | (i) To the personal and subject-matter jurisdiction and disciplinary authority of the board; |
7 | (ii) To comply with this chapter and the board’s rules; |
8 | (iii) That, in the event the license from the state of the individual’s principal place of |
9 | business is no longer valid, the individual will cease offering or rendering professional services in |
10 | this state individually and on behalf of a CPA firm; and |
11 | (iv) To the appointment of the board that issued their license as their agent upon whom |
12 | process may be served in any action or proceeding by this board against the licensee. |
13 | (3) A licensee of this state offering or rendering services or using their CPA title in another |
14 | state shall be subject to disciplinary action in this state for an act committed in another state for |
15 | which the licensee would be subject to discipline for an act committed in the other state. |
16 | (4) An individual who has been granted practice privileges under this subsection who |
17 | performs any attest and/or compilation service as defined in § 5-3.1-3 may only do so through a |
18 | CPA Firm which meets the requirements of § 5-3.1-9. |
19 | (5) The board may rely on the NASBA National Qualification Appraisal Service to |
20 | determine which other jurisdictions licensees’ or individuals may be eligible for individual mobility |
21 | practice privilege in this state. |
22 | (i)(g) In accordance with § 28-5.1-14, The the board may refuse to grant a certificate on |
23 | the grounds of failure to satisfy the good moral character requirement only license based upon a |
24 | history of dishonest or felonious acts, or disciplinary actions by another state or federal agency if |
25 | there is a substantial connection between the lack of good moral character of the applicant prior |
26 | criminal or administrative disciplinary history of the applicant and the professional responsibilities |
27 | of a licensee as determined by the board. and if the finding by the board of lack of good moral |
28 | character is supported by clear and convincing evidence. When an applicant is found to be |
29 | unqualified for a certificate because of lack of good moral character license under this section, the |
30 | board shall furnish the applicant a statement containing the findings of the board, a complete record |
31 | of the evidence upon which the determination was based, and a notice of the applicant’s right of |
32 | appeal to request a hearing on the refusal to grant a license. |
33 | 5-3.1-7. Permits for public accountants and certified public accountants License term, |
34 | fees, continuing education requirements, and renewals. |
| LC005418 - Page 13 of 33 |
1 | (a) Annual permits to engage in the practice of public accounting in this state shall be issued |
2 | by the board, upon application for the permit and payment of the required fee, to certified public |
3 | accountants qualified under § 5-3.1-5 or eligible under the substantial equivalency standard set out |
4 | in subsection (g), and to public accountants qualified under § 5-3.1-6. Effective January 1, 2009, |
5 | all permits All licenses issued by the board shall be valid for a period of three (3) years and shall |
6 | expire upon the last day of June of the year in which the permit license is scheduled to expire. To |
7 | transition existing licensees to a three-year (3) licensing cycle, the board shall have the authority |
8 | and discretion in 2008 to issue permits under this section that are valid for one, two (2), or three (3) |
9 | years. All such permits issued during 2008 shall expire upon the last day of June of the year in |
10 | which the permit is scheduled to expire. The board’s authority to issue permits valid for one or two |
11 | (2) years shall cease as of December 31, 2008. |
12 | (b) A certified public accountant who holds a permit issued by another state and who |
13 | desires to practice in this state shall apply for a permit in this state if that person does not qualify |
14 | for reciprocity under the substantial equivalency standard set out in subsection (g). Upon the date |
15 | of filing the completed application with the board, the applicant is deemed qualified to practice, |
16 | and may practice, public accounting in this state pending board review of the application; provided, |
17 | that the applicant meets all other applicable requirements under this chapter. Submission of the |
18 | application constitutes the appointment of the secretary of state as an agent for the applicant for |
19 | service of process in any action or proceeding arising out of any transaction or operation connected |
20 | with or incidental to the practice of public accounting in this state by the applicant. |
21 | (c)(b) Applications for renewal of a permit license under this section shall be submitted to |
22 | the board, by February 15 of the year in which the permit is scheduled to expire in accordance with |
23 | the board’s instructions and regulations, and shall be accompanied by evidence that the applicant |
24 | has satisfied the continuing professional education requirements promulgated by board regulation. |
25 | That evidence shall be in a form that the board requires. Failure to furnish that evidence constitutes |
26 | grounds for refusal to renew the permit license unless the board in its discretion determines that the |
27 | failure was due to reasonable cause or excusable neglect. |
28 | (d)(c) Applications for renewal of a permit license under this section shall also identify any |
29 | practice unit with which the applicant is affiliated. In the event the practice unit fails to comply |
30 | with § 5-3.1-9 or § 5-3.1-10, the board may refuse to renew the applicant’s individual permit license |
31 | if the board determines that the applicant was personally and substantially responsible for the |
32 | failure of the practice unit to meet the requirements of §§ 5-3.1-9 and 5-3.1-10. |
33 | (e)(d) All applicants for a permit license under this section chapter shall list in the |
34 | application all other states in which the applicant has applied for or holds a permit license to |
| LC005418 - Page 14 of 33 |
1 | practice. Each applicant for, or holder of, a permit license issued under this section chapter, or and |
2 | any individual who has entered the state under the provisions of substantial equivalency individual |
3 | mobility practice privileges pursuant to § 5-3.1-5(f), shall, within thirty (30) days of the occurrence |
4 | of the event, notify the board in writing: |
5 | (1) Of the issuance, denial, revocation, or suspension of any certificate, license, degree, or |
6 | permit by any other state; or |
7 | (2) Of the commencement of any disciplinary or enforcement action against the applicant, |
8 | holder, or individual by any other state. |
9 | (f)(e) Fees for the issuance and renewal of permits licenses under this section shall be |
10 | established from time to time by the board. In no case shall the three-year (3) renewal fee be less |
11 | than three hundred seventy-five dollars ($375). The required fee shall be paid by the applicant at |
12 | the time the application is filed with the board. |
13 | (g) Substantial equivalency. |
14 | (1) An individual having a valid certificate or license as a certified public accountant from |
15 | any state whose licensure requirements are determined to be substantially equivalent with the |
16 | conditions of this section shall have all the privileges of certificate holders and licensees of this |
17 | state without the need to obtain a certificate or permit from this state under this section as long as |
18 | the conditions of this section are met. The individual must have one year or more of experience. |
19 | This experience shall include providing any type of service or advice involving the use of |
20 | accounting, attest, management advisory, financial advisory, tax, or consulting skills all of which |
21 | was verified by a licensee, meeting requirements prescribed by the board by rule. This experience |
22 | is acceptable if it was gained through employment in government, industry, academia, or public |
23 | practice. Notwithstanding any other provision of law, an individual who offers or renders |
24 | professional services, whether in person, by mail, telephone, or electronic means, under this section |
25 | shall be granted practice privileges in this state and no notice or other submission shall be provided |
26 | by any such individual. Such an individual shall be subject to the requirements in subsection (g)(3). |
27 | If this individual is responsible for supervising attest services and signs or authorizes another |
28 | licensee to sign the accountant’s report on the financial statements on behalf of the firm, this |
29 | individual shall meet the experience requirements set out in the professional standards for such |
30 | services. If this individual is responsible for signing or authorizing another licensee to sign the |
31 | accountant’s report on the financial statements on behalf of the firm, this individual shall meet the |
32 | experience requirements set out in the professional standards for such services. The board may use |
33 | the NASBA National Qualification Appraisal Service to determine which other states have |
34 | substantial equivalence with this chapter. |
| LC005418 - Page 15 of 33 |
1 | (2) An individual who holds a valid certificate or license as a certified public accountant |
2 | from any state that the NASBA National Qualification Appraisal Service has not verified to be in |
3 | substantial equivalence with the CPA licensure requirements of the AICPA/NASBA Uniform |
4 | Accountancy Act shall be presumed to have qualifications substantially equivalent to this state’s |
5 | requirements and shall have all the privileges of certificate holders and licenses of this state without |
6 | the need to obtain a certificate or permit under this section if such individual obtains from the |
7 | NASBA National Qualification Appraisal Service verification that such individual’s CPA |
8 | qualifications are substantially equivalent to the CPA licensure requirements of the |
9 | AICPA/NASBA Uniform Accountancy Act. Any individual who passed the Uniform CPA |
10 | Examination and holds a valid license issued by any other state prior to January 1, 2012, may be |
11 | exempt from the education requirement in § 5-3.1-5(a)(3) for purposes of this section. |
12 | (3) Any individual licensee of another state exercising the privilege afforded under this |
13 | section and the CPA firm that employs that licensee hereby simultaneously consents, as a condition |
14 | of the granting of this privilege: |
15 | (i) To the personal and subject-matter jurisdiction and disciplinary authority of the board; |
16 | (ii) To comply with this chapter and the board’s rules; |
17 | (iii) That, in the event the certificate or license from the state of the individual’s principal |
18 | place of business is no longer valid, the individual will cease offering or rendering professional |
19 | services in this state individually and on behalf of a CPA firm; and |
20 | (iv) To the appointment of the board that issued their license as their agent upon whom |
21 | process may be served in any action or proceeding by this board against the licensee. |
22 | (4) A licensee of this state offering or rendering services or using their CPA title in another |
23 | state shall be subject to disciplinary action in this state for an act committed in another state for |
24 | which the licensee would be subject to discipline for an act committed in the other state. |
25 | 5-3.1-8. Permits for accountants licensed by foreign countries Licenses for |
26 | accountants licensed by foreign countries. |
27 | (a) An annual limited permit to engage in the practice of public accounting in this state A |
28 | CPA license may be issued by the board, upon application for the permit license and payment of |
29 | the required fee, to any person who is the holder of a certificate, license, or degree from a foreign |
30 | country constituting a recognized qualification for the practice of public accounting in that country |
31 | substantially equivalent foreign designation, provided that: |
32 | (1) The board determines that the foreign designation: |
33 | (i) Was duly issued by a foreign authority that regulates the practice of public accountancy, |
34 | and the foreign designation has not expired or been revoked or suspended; |
| LC005418 - Page 16 of 33 |
1 | (ii) Entitles the holder to issue reports upon financial statements; and |
2 | (iii) Was issued upon the basis of education, examination and experience requirements as |
3 | established by the foreign authority or by law; |
4 | (2) The applicant: |
5 | (i) Received the designation, based on educational and examination standards substantially |
6 | equivalent to those in effect in this state, at the time the foreign designation was granted; |
7 | (ii) Completed an experience requirement, substantially equivalent to the requirement set |
8 | out in § 5-3.1-5, in the jurisdiction which granted the foreign designation or has completed four (4) |
9 | years of professional experience in this state; or meets equivalent requirements prescribed by the |
10 | board by rule, within the ten (10) years immediately preceding the application; and |
11 | (iii) Passed a uniform qualifying examination in national standards and an examination on |
12 | the laws, regulations and code of ethical conduct in effect in this state as prescribed by the board |
13 | by rule. |
14 | (3) In making its determination regarding compliance with this section, the board may rely |
15 | on the recommendations of the International Qualifications Appraisal Board jointly established by |
16 | NASBA and AICPA to evaluate whether a foreign designation is substantially equivalent to the |
17 | credentialing standards used in the United States. |
18 | (1) The board determines that the requirements for obtaining the certificate, license, or |
19 | degree are substantially equivalent to those prescribed under this chapter for obtaining a certificate |
20 | in this state; (2) The certificate, license, or degree at the time of application is then in full force and |
21 | effect; and (3) The applicant meets all other requirements under this section. |
22 | (4) In the event the board determines that the requirements for obtaining the certificate, |
23 | license, or degree are not substantially equivalent to those prescribed in this chapter for obtaining |
24 | a certificate in this state, the board may require, as a condition to granting a permit under this |
25 | section, that the applicant pass the written examinations required of candidates license, the |
26 | applicant shall be required to satisfy all requirements for initial licensure for a certificate under § |
27 | 5-3.1-5(a)(4) § 5-3.1-5. |
28 | (b) Any permit license issued under this section shall be issued in the name of the applicant |
29 | followed by the recognized accounting designation by which he or she is known in the country |
30 | where licensed, translated into the English language, followed by the name of the country. Annual |
31 | limited permits to engage in the practice of public accounting qualify the holder to practice public |
32 | accounting in this state solely as to matters concerning residents, governments, and corporations or |
33 | other business entities, including the divisions, subsidiaries, or any affiliates of the business entity, |
34 | of the foreign country in which the holder is licensed to practice public accounting. A person who |
| LC005418 - Page 17 of 33 |
1 | is issued a permit under this section, when engaging in the practice of public accounting in this |
2 | state, shall only use the title under which he or she is generally known in his or her own country, |
3 | translated into the English language and indicating after the title the name of the country from |
4 | which he or she received his or her certificate, license, or degree. |
5 | (b) All annual limited permits issued under this section shall expire on the last day of June |
6 | of each year and may be renewed for a period of one year in accordance with subsection (c) of this |
7 | section. in accordance with this chapter and shall be issued subject to the same terms and conditions, |
8 | fees, renewal and continuing education requirements set forth in § 5-3.1-7. |
9 | (c) Submission of the application for original issuance or renewal of an annual limited |
10 | permit a license constitutes the appointment of the secretary of state as an agent for the applicant |
11 | for service of process in any action or proceeding arising out of any transaction or operation |
12 | connected with or incidental to the practice of public accounting in this state by the applicant. |
13 | (c) Applications for renewal of an annual limited permit are submitted to the board by |
14 | February 15 of each year and shall be accompanied by evidence of satisfaction of the continuing |
15 | professional education requirements promulgated by board regulation. The evidence shall be in any |
16 | form that the board requires. Failure to furnish the evidence constitutes grounds for refusal to renew |
17 | the permit unless the board in its discretion determines that the failure was due to reasonable cause |
18 | or excusable neglect. Notwithstanding the preceding, the board, in its discretion, may waive the |
19 | above continuing education requirements if: |
20 | (1) The licensing authority of the foreign country in which the holder of the annual limited |
21 | permit is licensed has established requirements for continuing education for practitioners of public |
22 | accounting; |
23 | (2) The applicant has filed with the board an affidavit stating that he or she is in compliance |
24 | with those continuing education requirements at the time of the application for renewal; and |
25 | (3) The board determines that the continuing education requirements are substantially |
26 | equivalent to those promulgated by the board under this chapter. |
27 | (d) An application for a permit license under this section shall list all other jurisdictions, |
28 | foreign and domestic in which the applicant has applied for or holds a designation, certificate, |
29 | license, or degree to practice public accountancy or a permit to practice. Each applicant for or |
30 | holder of a permit license under this section shall, within thirty (30) days of the occurrence of the |
31 | event, notify the board in writing: |
32 | (1) Of the issuance, denial, revocation, or suspension of the certificate, license, degree, or |
33 | permit; or |
34 | (2) Of the commencement of any disciplinary or enforcement action against the applicant |
| LC005418 - Page 18 of 33 |
1 | or holder by any jurisdiction. |
2 | (e) An applicant under this section shall also list in the application the address of every |
3 | office established or maintained in this state for the limited practice of public accounting. All of |
4 | those offices shall be under the direct supervision of an accountant licensed either by this state or |
5 | by a foreign country who holds an annual limited permit to practice issued under this section, and |
6 | shall be designated by the name and title of the accountant. If applicable, the title is translated into |
7 | the English language and followed by the name of the foreign country where the accountant is |
8 | licensed. All applicants for or holders of a permit under this section shall notify the board, in |
9 | writing, within thirty (30) days of the occurrence of the event: |
10 | (1) Of any change in the number or location of offices within this state required to be listed |
11 | in the application; and |
12 | (2) Of any change in the identities of the persons supervising those offices. |
13 | comply with the practice unit requirements, as applicable, set forth in §§ 5-3.1-9 and 5-3.1-10. |
14 | (f) The board shall charge a fee to each person who makes application for original issuance |
15 | or renewal of a permit license under this section. The fee shall be paid in U.S. currency at the time |
16 | the application is made. Fees charged under this section shall be established by the board. |
17 | 5-3.1-9. Permits for practice units. |
18 | (a) Permits to engage in the practice of public accounting in this state as a practice unit |
19 | shall be issued by the board, upon application therefore and payment of the required fee, to an entity |
20 | that demonstrates its qualifications in accordance with this chapter. or to certified public accounting |
21 | firms originally licensed in another state that establish an office in this state. A practice unit must |
22 | hold a permit issued under this section in order to provide attest and compilation services as defined |
23 | or to use the title “CPAs” or “CPA firm.” |
24 | (b) The following entities must hold a permit issued under this section: |
25 | (1) Any firm with an office in this state performing attest or compilation services as defined |
26 | in § 5-3.1-3; |
27 | (2) Any firm with an office in this state that uses the title “CPA” or “CPA Firm”; or |
28 | (3) Any firm that does not have an office in this state but offers or renders attest or |
29 | compilation services, as defined in § 5-3.1-3, for clients in this state. |
30 | (c) A firm which is not subject to the requirements of subsection (b) of this section may |
31 | perform non-attest and non-compilation professional services while using the title “CPA” or “CPA |
32 | Firm” in this state without a permit issued under this section only if: |
33 | (1) It performs such services through an individual with individual mobility practice |
34 | privileges under § 5-3.1-5(f); and |
| LC005418 - Page 19 of 33 |
1 | (2) It can lawfully do so in the state where said individuals with individual mobility practice |
2 | privileges have their principal place of business. |
3 | (d) An applicant entity for initial issuance or renewal of a permit to practice under this |
4 | section shall be required to register identify each office of the firm within this state with the board |
5 | and to show that all attest and compilation services as defined in this chapter rendered in this state |
6 | are under the charge of a person holding a valid certificate license issued under this chapter, or the |
7 | corresponding provision of prior law or some other state. |
8 | (b)(e) An entity shall satisfy the following requirements: |
9 | (1) For corporations, general partnerships, joint ventures, limited-liability partnerships, and |
10 | limited-liability companies and any entity not structured as a sole proprietorship: |
11 | (i) The principal purpose and business of the partnership entity must be to furnish public |
12 | accounting services to the public not inconsistent with this chapter and the rules and regulations of |
13 | the board; |
14 | (ii) A majority of the ownership of the entity, in terms of financial interests and voting |
15 | rights of all partners, shareholders, or members, belongs to holders of a certificate who shall hold |
16 | a certificate and a permit CPA license from some state, and such partners, shareholders, or |
17 | members, whose principal place of business is in this state and who perform professional services |
18 | in this state, hold a valid permit license issued under this chapter or are public accountants |
19 | registered under § 5-3.1-7 this chapter. Although firms may include non-licensee owners, the firm |
20 | and its ownership and all parties must comply with rules promulgated by the board. For firms of |
21 | public accountants, a majority of the ownership of the firm, in terms of financial interests and voting |
22 | rights, must belong to holders of public accountant permits and CPA licenses under this chapter. § |
23 | 5-3.1-7, and provided, that any Any such entity, as defined by this subsection, may include non- |
24 | licensee owners, provided that: |
25 | (A) The entity designates a licensee of this state who is responsible for the proper |
26 | registration of the firm and identifies that individual to the board; |
27 | (B) All non-licensee owners are active individual participants in the entity or its affiliated |
28 | entities; |
29 | (C) The entity complies with other requirements as the board may impose by rule; |
30 | (D) Any individual licensee who is responsible for supervising attest and compilation |
31 | services and signs or authorizes another licensee to sign the accountant’s report on the financial |
32 | statements on behalf of the firm, shall meet the experience requirements as set out in professional |
33 | standards for such services; |
34 | (E) Any individual licensee who signs or authorizes another licensee to sign the |
| LC005418 - Page 20 of 33 |
1 | accountant’s report on the financial statements on behalf of the firm shall meet the experience |
2 | requirement as set out in professional standards for these services; |
3 | (iii) At least one partner, shareholder, or member must be a certified public accountant or |
4 | a public accountant holding a certificate or authority under this chapter and a permit license to |
5 | practice in this state under § 5-3.1-7 this chapter; and |
6 | (iv) The address of every office of the entity located in this state must be listed in the |
7 | application for the permit. |
8 | (2) For a sole proprietorship: |
9 | (i) The principal purpose and business of the sole proprietorship must be to furnish public |
10 | accounting services to the public not inconsistent with this chapter and the rules and regulations of |
11 | the board; |
12 | (ii) The sole proprietor must be a certified public accountant or a public accountant holding |
13 | a certificate or authority license under this chapter and a permit to practice in this state under § 5- |
14 | 3.1-7; |
15 | (iii) The address of every office of the sole proprietorship located in this state must be listed |
16 | in the application for the permit; |
17 | (iv) Any individual licensee who is responsible for supervising attest and compilation |
18 | services and signs or authorizes another licensee to sign the accountant’s report on the financial |
19 | statements on behalf of the sole proprietor shall meet the experience requirements as set out in |
20 | professional standards for these services; and |
21 | (v) Any individual licensee who signs or authorizes another licensee to sign the |
22 | accountant’s report on the financial statements on behalf of the firm shall meet the experience |
23 | requirement as set out in professional standards for these services. |
24 | (c)(f) Application for a permit under this section must be made upon the affidavit of the |
25 | partner, shareholder, member, or sole proprietor who holds a permit license to practice in this state |
26 | under § 5-3.1-7 this chapter as a certified public accountant or a public accountant. All applications |
27 | for a permit under this section must include, in addition to any other information required by this |
28 | chapter or by rule or regulation of the board to be stated in the application, a list of all other states |
29 | in which the entity has applied for or holds a permit. Upon receipt of the application, the board |
30 | shall determine whether the entity is eligible for a permit. In the event the board determines the |
31 | entity is ineligible for a permit under this section, that determination shall be stated in writing and |
32 | delivered to the applicant at the address that is stated in the application. |
33 | (d)(g) All applicants for, or holders of, a permit under this section shall notify the board in |
34 | writing within thirty (30) days of the occurrence of the event: |
| LC005418 - Page 21 of 33 |
1 | (1) Of any change in the identities of the partners, officers, directors, or shareholders who |
2 | are personally engaged in this state in the practice of public accounting; |
3 | (2) Of any change in the number or location of offices within this state required to be listed |
4 | in the application pursuant to this section; |
5 | (3) Of any change in the identities of the persons supervising the offices; |
6 | (4) Of any issuance, denial, revocation, or suspension of a permit by any other state. The |
7 | board may prescribe fees that are to be paid by the applicants or holders upon the notification; and |
8 | (5) Of a reduction below a majority of the ownership in the entity in terms of financial |
9 | interests and voting rights. |
10 | (e)(h) All permits issued by the board under this section subsequent to January 1, 2009, |
11 | shall be valid for a period of three (3) years and shall expire on the last day of June of the year in |
12 | which the permit is scheduled to expire unless the permit is renewed in accordance with the |
13 | provisions of this section. To transition existing licensees to a three-year (3) licensing cycle, the |
14 | board shall have the authority and discretion in 2008 to issue permits under this section that are |
15 | valid for one, two (2), or three (3) years. All permits issued during 2008 shall expire upon the last |
16 | day of June of the year in which the permit is scheduled to expire. The board’s authority to issue |
17 | permits valid for one or two (2) years shall cease as of December 31, 2008. |
18 | Effective January 1, 2009, permits issued pursuant to this section may be renewed for a |
19 | period of three (3) years, and the renewed permit shall expire on the last day of June of the year in |
20 | which the renewed permit is scheduled to expire, unless the renewed permit is again renewed by |
21 | its holder. All applications for renewal of permits under this section shall be submitted to the board |
22 | by February 15 June 30 of the year in which a permit or renewed permit is scheduled to expire. All |
23 | applicants for permit renewal shall satisfy the peer-review requirements prescribed in § 5-3.1-10. |
24 | (f)(i) Fees to be paid upon application for initial issuance or renewal of a permit under this |
25 | section shall be established, from time to time, by the board. Fees shall be paid at the time the |
26 | application is filed with the board. |
27 | (g)(j) An annual permit to engage in the practice of public accounting in this state shall be |
28 | issued by the board, upon application for it and payment of the required fee, to the office of the |
29 | auditor general, provided the office is in compliance with § 5-3.1-10. |
30 | (h)(k) An entity that falls out of compliance with the provisions of this section due to |
31 | changes in firm ownership or personnel, after receiving or renewing a permit, shall take corrective |
32 | action to bring the firm into compliance as quickly as possible. The board may grant a reasonable |
33 | period of time for a firm to take the corrective action. Failure to bring the firm into compliance |
34 | within a reasonable period as defined by the board will result in the suspension or revocation of the |
| LC005418 - Page 22 of 33 |
1 | permit. |
2 | (l) CPA firm mobility. Exercise of individual mobility practice privileges under § 5-3.1- |
3 | 5(f) by an eligible CPA will not require the practice unit that the individual is associated with to |
4 | obtain a Rhode Island practice unit permit, so long as the practice unit complies with all applicable |
5 | provisions in this section and further provided that: |
6 | (1) The CPA firm shall be deemed to have consented to the personal and subject matter |
7 | jurisdiction and disciplinary authority of the board; |
8 | (2) The CPA firm must comply with all applicable provisions of this chapter and the board's |
9 | rules; |
10 | (3) In the event the practice unit permit or its equivalent issued by the jurisdiction of the |
11 | CPA firm’s principal place of business is no longer valid, the CPA firm will cease offering or |
12 | rendering professional services in this state; |
13 | (4) The CPA firm shall be deemed to have consented to the appointment of the board of |
14 | the jurisdiction of the CPA firm’s principal place of business as its agent upon whom process may |
15 | be served in any action or proceeding by this board against the firm; and |
16 | (5) The CPA firm must obtain a Rhode Island practice unit permit before establishing any |
17 | physical office in this state and/or offering attest or compilation services. |
18 | 5-3.1-11. Hearing on denial by board. |
19 | Any person or practice unit aggrieved by a decision of the board not to: (1) issue a |
20 | certificate under § 5-3.1-5 license, (2) issue a practice unit permit to practice under § 5-3.1-7, § 5- |
21 | 3.1-8, or § 5-3.1-9, or (3) renew license or practice unit any permit, as the case may be, may request |
22 | a hearing before the board on the denial. The request shall be in the form of a written petition, |
23 | containing any information that the board by rule or regulation requires, and shall be submitted to |
24 | the board within ten (10) days of the board’s written decision denying the certificate, permit, or |
25 | renewal license or practice unit permit. |
26 | 5-3.1-12. Revocation or suspension of certificate, authority, or permit Revocation or |
27 | suspension of license or practice unit. |
28 | (a) After notice and a hearing as provided in § 5-3.1-14, the board may: |
29 | (1) Suspend or revoke any certificate license issued under § 5-3.1-5, this chapter or any |
30 | predecessor provision, and any authority as a public accountant issued under the prior laws of this |
31 | state; |
32 | (2) Revoke or suspend any practice unit permit issued under § 5-3.1-7, § 5-3.1-8, § 5-3.1- |
33 | 9 this chapter, or their predecessor provisions; and |
34 | (3) Reprimand or censure in writing; limit the scope of practice; impose an administrative |
| LC005418 - Page 23 of 33 |
1 | fine penalty upon, not to exceed one thousand dollars ($1,000); or place on probation, all with or |
2 | without terms, conditions, or limitations, a licensee, for any of the causes specified in subsection |
3 | (b). |
4 | (b) The board may take action specified in subsection (a) for any one or more of the |
5 | following causes: |
6 | (1) Fraud or deceit in obtaining a certificate license or practice unit permit under this |
7 | chapter; |
8 | (2) Dishonesty, fraud, or gross negligence in the practice of public accounting or in the |
9 | filing, or failing to file, the licensee’s own income tax returns; |
10 | (3) Violation of any of the provisions of this chapter; |
11 | (4) Violation of any rules and regulations, including, but not limited to, any rules of |
12 | professional conduct promulgated by the board under the authority granted by this chapter; |
13 | (5) Conviction of, or pleading guilty or nolo contendere to, a crime or an act constituting a |
14 | crime of forgery, embezzlement, obtaining money under false pretenses, bribery, larceny, extortion, |
15 | conspiracy to defraud, misappropriation of funds, tax evasion, or any other similar offense, in a |
16 | court of competent jurisdiction of this or any other state or in federal court; |
17 | (6) Cancellation, revocation, or suspension of, or refusal to renew, the licensee’s certificate |
18 | license or practice unit permit from another state by the other state for any cause other than failure |
19 | to pay a fee or to meet the requirements of continuing education in that other state; |
20 | (7) Suspension or revocation of the right to practice public accounting before any state or |
21 | federal agency; |
22 | (8) As to accountants licensed by foreign countries, cancellation, revocation, suspension, |
23 | or refusal to renew the person’s certificate, license, or degree evidencing his or her their |
24 | qualification to practice public accounting by the foreign country issuing the certificate, license, or |
25 | degree, the certificate, license, or degree having qualified the accountant for issuance of an annual |
26 | limited permit to practice a license under § 5-3.1-8; |
27 | (9) Failure to furnish the board, or any persons acting on behalf of the board, any |
28 | information that is legally requested by the board; |
29 | (10) Any conduct reflecting adversely upon the licensee’s fitness to engage in the practice |
30 | of public accountancy; and |
31 | (11) Any other conduct discreditable to the public accounting profession. |
32 | 5-3.1-14. Initiation of proceedings — Hearings before board — Appeals — Notice to |
33 | other states. |
34 | (a) The board may initiate proceedings under this chapter against a licensee either on its |
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1 | own motion, on the complaint of any person, upon the finding of probable cause by a probable- |
2 | cause committee appointed by the board pursuant to § 5-3.1-4, or upon receiving notification from |
3 | another state board of accountancy of its decision to: |
4 | (1) Revoke, suspend, or refuse to renew the practice privileges granted in that state to the |
5 | licensee; or |
6 | (2) Censure in writing, limit the scope of practice, impose an administrative fine penalty |
7 | upon, or place on probation the licensee. |
8 | (b) A written notice stating the nature of the charge or charges against the licensee and the |
9 | time and place of the hearing before the board on the charges shall be served on the licensee not |
10 | less than twenty (20) days prior to the date of the hearing either personally or by mailing a copy of |
11 | the notice by certified mail, return receipt requested, to the address of the licensee last known to |
12 | the board. |
13 | (c) If, after being served with the notice of hearing as provided for in this section, the |
14 | licensee fails to appear at the hearing and to defend against the stated charges, the board may |
15 | proceed to hear evidence against the licensee and may enter an order that is justified by the |
16 | evidence. That order is final unless the licensee petitions for a review of it as provided in this |
17 | chapter; provided, that within thirty (30) days from the date of any order, upon a showing of good |
18 | cause for failing to appear and defend, the board may reopen the proceedings and may permit the |
19 | licensee to submit evidence in his, her, or its behalf. |
20 | (d)(1) At any hearing under this section, the licensee may: |
21 | (i) Appear in person or be represented by counsel; |
22 | (ii) Produce evidence and witnesses on his, her, or its behalf; |
23 | (iii) Cross-examine witnesses; and |
24 | (iv) Examine any evidence that is produced. |
25 | (2) A partnership may be represented before the board by counsel or by any partner. A |
26 | corporation may be represented before the board by counsel or by any shareholder or member of |
27 | the corporation. A sole proprietorship may be represented before the board by counsel or by the |
28 | sole proprietor. The licensee is entitled, on written application to the board, to the issuance of |
29 | subpoenas to compel the attendance of witnesses on the licensee’s behalf. |
30 | (e) The board or any member of the board may issue subpoenas to compel the attendance |
31 | of witnesses and the production of documents, and may administer oaths, take testimony, hear |
32 | proofs, and receive exhibits in evidence in connection with or upon a hearing under this chapter. In |
33 | case of disobedience to a subpoena, the board may petition the superior court to require the |
34 | attendance and testimony of witnesses and the production of documentary evidence. |
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1 | (f) The board shall not be bound by strict rules of procedure or by the laws of evidence in |
2 | the conduct of its proceedings, but any determination of the board shall be based upon sufficient |
3 | legal evidence to sustain the determination. |
4 | (g) A stenographic record of all hearings under this section shall be kept and a transcript |
5 | filed with the board. |
6 | (h) At all hearings, the attorney general of this state, or any other legal counsel that is |
7 | assigned or employed, shall appear and represent the board. |
8 | (i) The decision of the board shall be made by vote in accordance with rules and regulations |
9 | established under § 5-3.1-4. |
10 | (j) Any appeal from the decision of the board, by a person or persons adversely affected by |
11 | the decision, shall be governed by § 42-35-15. |
12 | (k) On rendering a decision to: (1) Revoke or suspend a certificate license issued under the |
13 | laws of this state; (2) Revoke or suspend an authority as a public accountant issued under the prior |
14 | laws of this state; (3) Revoke, suspend, or refuse to renew a permit issued under the laws of this |
15 | state; or (4) Censure in writing, limit the scope of practice of, impose an administrative fine penalty |
16 | upon, or place on probation a licensee, the board shall examine its records to determine whether |
17 | the licensee holds a certificate license or a permit to practice in any other state. If the board |
18 | determines that the licensee in fact holds a certificate license or permit, the board shall immediately |
19 | notify the board of accountancy of the other state by mail of its decision under this section, and |
20 | shall include in the notice an indication as to whether or not the licensee has appealed that decision. |
21 | In the alternative, the board may report such disciplinary actions to a multistate enforcement |
22 | information network. |
23 | (l)(k) The board may, in its discretion, order any licensee against whom proceedings have |
24 | been initiated under § 5-3.1-12 or § 5-3.1-13 to reimburse the board for any fees, expenses, and |
25 | costs incurred by the board in connection with those proceedings, including attorney’s fees. Those |
26 | fees shall be paid within thirty (30) days from the date they are assessed and may be reviewed in |
27 | accordance with § 42-35-15. |
28 | 5-3.1-15. Reinstatement. |
29 | (a) Upon application in writing or after hearing pursuant to notice, the board may: |
30 | (1) Reissue a certificate license to a certified public accountant whose certificate license |
31 | has been revoked or suspended; |
32 | (2) Reissue an authority to a public accountant whose authority has been revoked or |
33 | suspended; and |
34 | (3) Modify the suspension of or reissue any practice unit permit that has been revoked or |
| LC005418 - Page 26 of 33 |
1 | suspended or that the board has previously refused to renew. |
2 | (b) The board shall specify by rule the manner in which applications under this section are |
3 | made; the time within which they are made; and the circumstances in which hearings will be held |
4 | on the applications. |
5 | 5-3.1-16. Acts declared unlawful. |
6 | (a) Except as permitted by the board pursuant to § 5-3.1-18(b), no person shall hold himself |
7 | or herself themself out to the public as a certified public accountant or assume or use the designation |
8 | “certified public accountant” or “CPA” or any other title, designation, words, letters, abbreviation, |
9 | sign, card, or device tending to indicate that the person is a certified public accountant or CPA, |
10 | unless that person has been issued a permit to practice under § 5-3.1-7 this chapter or exercising |
11 | individual mobility practice privileges under § 5-3.1-5(f). |
12 | (b) No entity shall provide attest or compilation services or assume or use the designation |
13 | “certified public accountants” or “CPAs” or any other title, designation, words, letters, |
14 | abbreviation, sign, card, or device tending to indicate that the practice unit is composed of certified |
15 | public accountants or CPAs, unless: |
16 | (1) The practice unit holds a permit to practice or qualifies for firm mobility under § 5-3.1- |
17 | 9; and |
18 | (2) Ownership of the firm is in accord with this chapter and rules promulgated by the board. |
19 | (c) No person shall hold himself or herself themself out to the public as a public accountant, |
20 | or assume or use the designation “public accountant” or “PA” or any other title, designation, words, |
21 | letters, abbreviation, sign, card, or device tending to indicate that the person is a public accountant |
22 | or PA, unless that person holds an authority as a public accountant and a permit to practice in this |
23 | state issued under § 5-3.1-7 § 5-3.1-6. This subsection does not apply to those persons qualified |
24 | under subsection (a) of this section to hold themselves out to the public as certified public |
25 | accountants and to use the designation “certified public accountant” or “CPA.” |
26 | (d) No entity shall provide attest or compilation services or assume or use the designation |
27 | “public accountants” or “PAs” or any other title, designation, words, letters, abbreviation, sign, |
28 | card, or device tending to indicate that the practice unit is composed of public accountants or PAs, |
29 | unless the practice unit holds a permit to practice under § 5-3.1-9. |
30 | (e) No person or entity not holding a valid permit shall assume or use the title or designation |
31 | “certified accountant,” “chartered accountant,” “enrolled accountant,” “licensed accountant,” |
32 | “registered accountant,” “accredited accountant,” or any other title or designation likely to be |
33 | confused with “certified public accountant” or “public accountant,” any of the abbreviations “CA,” |
34 | “RA,” “LA,” “AA,” or similar abbreviation likely to be confused with “CPA” or “PA”; provided, |
| LC005418 - Page 27 of 33 |
1 | that anyone who holds a permit to practice license under § 5-3.1-7 this chapter may hold himself |
2 | or herself themself out to the public as an “accountant” or “auditor.” The title “Enrolled Agent” or |
3 | the abbreviation “EA” may only be used by those individuals so designated by the Internal Revenue |
4 | Service. In addition, the board may at its discretion allow titles or abbreviations to be used that do |
5 | not mislead the public and for which appropriate certification or accreditation by a national |
6 | organization can be demonstrated. |
7 | (f) No person or entity shall prepare or attempt to prepare, or sign, affix, or associate the |
8 | person’s or entity’s name or any trade name used by him, her, the person or it entity in the person’s |
9 | or entity’s business or profession or practice unit to any attest or compilation reports unless the |
10 | individual holds a permit to practice license issued under § 5-3.1-7 or § 5-3.1-8 this chapter, or is |
11 | exercising individual mobility practice privileges under § 5-3.1-5(f) and unless the practice unit |
12 | holds a permit to practice or qualifies for firm mobility under § 5-3.1-9. |
13 | (g) No Unless authorized by this chapter no person or entity not holding a license or permit |
14 | to practice under this chapter shall hold himself, herself themself, or itself the entity out to the |
15 | public as an “accountant” or “auditor,” whether or not the term is accompanied by any other |
16 | description or designation, on any sign, card, or letterhead, or in any advertisement or directory. |
17 | (h) No person or entity holding a permit shall assume or use a professional or firm name |
18 | or designation that is misleading about the legal form of the firm, or the persons who are partners, |
19 | officers, members, managers, or shareholders of the firm, or about any other matter; provided, |
20 | however, that names of one or more former partners, members, managers, or shareholders may be |
21 | included in the name of a firm or its successor. |
22 | (i) No person or entity shall hold himself, herself, or itself themselves or the entity out to |
23 | the public as being qualified for the practice of public accounting unless the person or entity holds |
24 | a permit to practice authorized under this chapter. |
25 | (j) The provisions of subsections (a), (c), and (e) of this section do not prohibit any |
26 | accountant licensed by a foreign country who holds an annual limited permit a license to engage in |
27 | the practice of public accounting under § 5-3.1-8 from using the accounting designation by which |
28 | he or she is they are known in his or her their own country, translated into the English language, |
29 | followed by the name of the country from which his or her their certificate, license, or degree was |
30 | issued, as required by § 5-3.1-8. |
31 | (k) Any person or practice unit found to have violated any provision of this section by a |
32 | court of competent jurisdiction is liable to the board for reasonable attorney’s fees in connection |
33 | with the proceeding in which the finding was made. |
34 | (l)(1) A licensee, practice unit, or affiliated entity shall not directly or indirectly for a |
| LC005418 - Page 28 of 33 |
1 | commission, recommend or refer to a client any product or service, or for a commission, |
2 | recommend or refer any product or service to be supplied by a client, or receive a commission, |
3 | when the licensee, practice unit, or affiliated entity also performs for that client any attest or |
4 | compilation services or reports. This prohibition applies during the period in which the licensee or |
5 | practice unit or affiliated entity is engaged to perform any services listed above and the period |
6 | covered by any historical financial statements involved in such listed services. |
7 | (2) A licensee, practice unit, or affiliated entity who or that is not prohibited by this section |
8 | from performing services for or receiving a commission, and who is paid or expects to be paid a |
9 | commission, shall disclose that fact to any person or entity to whom the licensee, practice unit, or |
10 | affiliated entity recommends or refers a product or service to which the commission relates. The |
11 | disclosure must be made in writing contemporaneously with or prior to the referral or |
12 | recommendation. |
13 | (3) Any licensee, practice unit, or affiliated entity who or that accepts a referral fee for |
14 | recommending or referring any service of a licensee to any person or entity or who pays a referral |
15 | fee to obtain a client shall disclose the acceptance or payment to the client. The disclosure must be |
16 | made, in writing, contemporaneously with or prior to the referral or recommendation. |
17 | (4) For purposes of this subsection (l), an “affiliated entity” is defined as an entity in which |
18 | the licensee, and/or any member and/or employee of the practice unit, has more than an aggregate |
19 | twenty percent (20%) direct or indirect financial interest. |
20 | (5) A licensee or practice unit in public practice who or that is not prohibited by this section |
21 | from performing service for or receiving a commission shall comply with all applicable federal and |
22 | state securities laws, rules promulgated thereunder, and registration requirements. |
23 | (m)(1) A licensee, practice unit, or affiliated entity shall not: perform for a contingent fee |
24 | any professional services for, or receive such a fee from, a client for whom the licensee or practice |
25 | unit performs any attest or compilation services or reports; or prepare an original or amended tax |
26 | return or claim for a tax refund for a contingent fee for any client. |
27 | (2) The prohibitions in subsection (l)(1) apply during the period in which the licensee is |
28 | engaged to perform any of the services listed above and the period covered by any historical |
29 | financial statements involved in any such listed services. |
30 | (3) Except as stated in the next sentence, a “contingent fee” is a fee established for the |
31 | performance of any service pursuant to an arrangement in which no fee will be charged unless a |
32 | specified finding or result is attained, or in which the amount of the fee is otherwise dependent |
33 | upon the finding or result of such service. Solely for purposes of this section, fees are not regarded |
34 | as being contingent if fixed by courts or other public authorities, or, in tax matters, if determined |
| LC005418 - Page 29 of 33 |
1 | based on the results of judicial proceedings or the findings of governmental agencies. A licensee’s |
2 | fees may vary depending, for example, on the complexity of services rendered. |
3 | (4) For purposes of this subsection (m), an “affiliated entity” is defined as any entity in |
4 | which the licensee, or any member or employee of the practice unit, has more than an aggregate |
5 | twenty percent (20%) direct or indirect financial interest. |
6 | (5) Any licensee who receives a contingent fee pursuant to this section shall comply with |
7 | all applicable federal and state securities laws, rules promulgated thereunder, and registration |
8 | requirements, and the code of professional conduct adopted by this board by rule. |
9 | 5-3.1-18. Exceptions — Acts not prohibited. |
10 | (a) Nothing contained in this chapter shall be construed as prohibiting any person not a |
11 | certified public accountant or public accountant from serving as an employee of or an assistant to |
12 | a licensee; provided, that the employee or assistant shall not issue any accounting or financial |
13 | statement or report over his or her their name. |
14 | (b) Nothing contained in this chapter shall be construed as prohibiting any person who is |
15 | the holder of a certificate or permit license issued by this state or any other state that has not been |
16 | revoked or suspended by the board or board of accountancy of the other state from assuming or |
17 | using the designation “certified public accountant” or “CPA” or any other title, designation, words, |
18 | letters, sign, card, or device tending to indicate that the person is a certified public accountant; |
19 | provided, that the provisions of this subsection shall not be construed to authorize the use of those |
20 | designations in connection with the practice of public accounting in this state unless the person |
21 | using the designations holds a permit to practice license issued by the board. |
22 | (c) Nothing contained in this chapter or in any other law of this state shall be construed as |
23 | prohibiting a licensee or any employee of a licensee from disclosing any information in confidence |
24 | to other licensees engaged in conducting peer reviews, or any of their employees or agents, in |
25 | connection with peer reviews that are conducted under the auspices of a recognized professional |
26 | association or under this chapter. |
27 | (d) Nothing contained in this chapter or in any other law of this state shall be construed as |
28 | prohibiting a licensee or any employee of a licensee from disclosing any information in confidence |
29 | to any employee, representative, officer, or committee member of a recognized professional |
30 | association or to the board or any of its employees or committees in connection with a professional |
31 | ethics investigation held under the auspices of the professional association or the board. |
32 | (e) The provisions of § 5-3.1-16(f) and (g) do not prohibit any officer, employee, partner, |
33 | or principal of any entity from affixing his or her their signature to any statement or report in |
34 | reference to the affairs of that entity with any wording designating the position, title, or office that |
| LC005418 - Page 30 of 33 |
1 | he or she holds they hold in that entity, or from describing himself or herself themself by the |
2 | position, title, or office that he or she holds they hold in the entity; nor do those provisions prohibit |
3 | any act of a public official or a public employee in the performance of his or her their duties as a |
4 | public official or public employee. |
5 | (f) Nothing contained in this chapter shall be construed as prohibiting any person or entity |
6 | not holding a permit under this chapter from offering or rendering to the public bookkeeping |
7 | services, including devising and installing systems; recording and presentation of financial |
8 | information or data; preparing financial statements or similar services; preparation of tax returns; |
9 | or the furnishing of advice on tax matters; provided, that no person or entity shall perform a report |
10 | on any attest or compilation services nor shall any person or entity attempt to prepare or prepare a |
11 | report in any manner having the appearance or import of any attest or compilation report |
12 | enumerated in this subsection so as to mislead the public. |
13 | 5-3.1-19. Injunction against unlawful acts Cease and desist authority – Injunction |
14 | against unlawful acts. |
15 | (a) If the board has reason to believe that any person, firm, corporation, or association is |
16 | conducting any activities requiring licensure under this chapter without obtaining a license or |
17 | practice unit permit, or who after the denial, suspension, or revocation of a license or practice unit |
18 | permit conducts any activities requiring licensure under this chapter, the board may issue its order |
19 | to that person, firm, corporation, or association commanding them to appear before the board at a |
20 | hearing to be held not sooner than ten (10) days nor later than twenty (20) days after issuance of |
21 | that order to show cause why the board should not issue an order to that person to cease and desist |
22 | from the violation of the provisions of this chapter. |
23 | (1) The order to show cause may be served on any person, firm, corporation, or association |
24 | named in the order in the same manner that a summons in a civil action may be served, or by |
25 | mailing a copy of the order, certified mail, return receipt requested, to that person at any address at |
26 | which the person has done business or at which they live. If upon that hearing the board is satisfied |
27 | that the person is in fact violating any provision of this chapter, then the board may order that |
28 | person, in writing, to cease and desist from that violation. |
29 | (2) All hearings shall be governed in accordance with chapter 35 of title 42 (“administrative |
30 | procedures”). If that person fails to comply with an order of the board after being afforded a hearing, |
31 | the superior court in Providence has jurisdiction upon complaint of the board to restrain and enjoin |
32 | that person from violating this chapter. |
33 | (b) Whenever, in the judgment of the board, any person or entity has engaged, or is about |
34 | to engage, in any acts or practices that constitute, or will constitute, a violation of this chapter, the |
| LC005418 - Page 31 of 33 |
1 | board may make application to the superior court for an order enjoining those acts or practices. |
2 | Upon a showing by the board that the person or entity has engaged, or is about to engage, in any of |
3 | those acts or practices, an injunction, restraining order, or any other order that may be appropriate |
4 | shall be granted by the court without bond. In any instance of the granting of an injunction or order |
5 | by the superior court under this section, the court shall award the board reasonable attorney’s fees. |
6 | 5-3.1-20. Penalty for violations. |
7 | (a) Administrative penalties: |
8 | (1) After notice and hearing as provided in § 5-3.1-14, the board is authorized to impose |
9 | an administrative penalty not exceeding one thousand dollars ($1,000) for each violation of this |
10 | chapter or the board’s rules and regulations by a licensee or practice unit. |
11 | (2) Unregistered activity: If a person or business entity practices or offers to practice public |
12 | accounting in this state in violation of this chapter, the board, after notice and hearing in accordance |
13 | with this chapter and chapter 35 of title 42, may issue an order imposing an administrative penalty |
14 | not exceeding two thousand five hundred dollars ($2,500) for each violation. |
15 | (3) When assessing penalties, the board shall set the amount after taking into account |
16 | factors including, but not limited to the seriousness of the violation; the economic benefit resulting |
17 | from the violation; the history of violations; and other matters the board considers appropriate. |
18 | (a)(b) Criminal penalties. Any person or entity who or that violates any provision of this |
19 | chapter shall be guilty of a misdemeanor, and upon conviction, shall be subject to: |
20 | (1) In the case of an individual, a fine of not more than one thousand dollars ($1,000), or |
21 | imprisonment for not more than one year, or both; or |
22 | (2) In the case of an entity, a fine of not more than five thousand dollars ($5,000). |
23 | (b)(c) Whenever the board has reason to believe that any person or entity is liable to |
24 | punishment under this section, it may certify the facts to the attorney general of this state who may, |
25 | in his or her their discretion, cause appropriate proceedings to be brought. |
26 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO BUSINESSES AND PROFESSIONS -- PUBLIC ACCOUNTANCY | |
*** | |
1 | This act would update the state’s public accountancy act for consistency with the 9th |
2 | edition of the Uniform Accountancy Act, as issued by NASBA and AICPA in July 2025. |
3 | This act would take effect upon passage. |
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LC005418 | |
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