For the purposes of this part, the term:
(1) "Attest services" or "attestation services" means providing any of the following financial statement services:
(A) An audit or other engagement to be performed in accordance with the Statements on Auditing Standards;
(B) A review of a financial statement to be performed in accordance with the Statements on Standards for Accounting and Review Services;
(C) An examination of prospective financial information to be performed in accordance with the Statements on Standards for Attestation Engagements: and
(D) An engagement to be performed in accordance with the Auditing Standards of the Public Company Accounting Oversight Board.
(2) "Board" means the Board of Accountancy established under § 47- 2853.06(b).
(3) "Certificate" means the certificate of certified public accountant.
(4) "Compilation service" means providing a service to be performed in accordance with Statements on Standards for Accounting and Review Services that is presenting in the form of financial statements information that is the representation of management or owners without undertaking to express any assurance on the statements.
(5) "Firm" means a sole proprietorship, a corporation, a partnership, or any other form of organization.
(6) "Home office" means the location specified by the client as the address to which a service described in § 47-2853.49(d)(4) is directed.
(7) "Practice of certified public accounting" means providing accounting or consulting services under circumstances where there is an expectation of public confidence in the services, and attesting to the results, including:
(A) Expressing opinions on financial statements or audits;
(B) Reviewing financial statements and issuing reports in standard form on the statements;
(C) Compiling financial statements and issuing reports in standard form on the compilations; and
(D) Examining prospective financial information.
(8) "Principal place of business" means the office location designated by a certified public accountant for purposes of § 47-2853.49 and reciprocity.
(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Dec. 2, 2011, D.C. Law 19-43, § 2(c), 58 DCR 8928.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-2853.41.
Effect of Amendments
D.C. Law 19-43 rewrote the section, which formerly read:
"(a) For the purposes of this part, the term 'Practice of Certified Public Accounting' means providing accounting or consulting services under circumstances where there is an expectation of public confidence in such services, and attesting to the results, including (1) expressing opinions on financial statements (audits); (2) reviewing financial statements and issuing reports in standard form on such statements; (3) compiling financial statements and issuing reports in standard form on such compilations; (4) examining prospective financial information.
"(b) For the purposes of this part, the term 'certificate' means the Certificate of certified public accountant."
Legislative History of Laws
For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.
For history of Law 19-43, see notes under § 47-2853.06.
An applicant for licensure as a certified public accountant shall establish to the satisfaction of the Board of Accountancy that he or she:
(1) Is of good moral character;
(2) Is a resident of the District or has been regularly employed in the District for the immediate 6 months prior to the final date for accepting applications for the examinations, or, in the case of an employee of a certified public accountant or a firm of certified public accountants registered to practice in the District, has been a bona fide resident of a foreign country for a period of not less than 18 months preceding the date of filing an application and is not qualified to be examined and to receive a certificate of certified public accountant in the state of last residence solely because of the aforesaid residence abroad;
(3) Has passed an examination in accounting and auditing and such related subjects as the Board shall determine to be appropriate;
(4)(A) Holds a baccalaureate degree with a concentration in accounting conferred by a college or university recognized by the Board or holds that which the Board determines to be substantially the equivalent thereof; or
(B) Holds a baccalaureate degree acceptable to the Board supplemented with the equivalent of an accounting concentration including related courses in other areas of business administration; and
(C) For applicants receiving a baccalaureate degree after January 1, 2000, in addition to meeting the requirements of either subparagraphs (A) or (B) of this paragraph, possesses 150 semester hours of college education.
(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; June 16, 2006, D.C. Law 16-130, § 2(c), 53 DCR 4718.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-2853.42.
Effect of Amendments
D.C. Law 16-130, in par. (2), substituted "the examinations" for "the written examinations"; in par. (3), substituted "an examination" for "a written examination".
Temporary Amendments of Section
Section 2(d) of D.C. Law 16-101, in par. (2), substituted "examination" for "written examinations"; and in par. (3), substituted "an examination." for "a written examination".
Section 4(b) of D.C. Law 16-101 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(d) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763).
Legislative History of Laws
For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.
For Law 16-130, see notes following § 47-2853.06.
(a) Except as provided in § 47-2853.49 and as permitted by the Board pursuant to subsection (b) of this section, no person shall assume or use the title or designation "certified public accountant" or the abbreviation "CPA" or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the person is a certified public accountant, unless the person has received a license as a certified public accountant under this subchapter and holds a valid permit to practice as a certified public accountant in the District. No firm shall assume or use the title or designation "certified public accountant" or the abbreviation "CPA" or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the firm is composed of certified public accountants unless the firm is registered as a firm of certified public accountants and holds a valid permit under § 47-2853.47, and all offices of such firm in the District for the practice of public accounting are maintained and registered as required by § 47-2853.44, or unless the firm is exempt from registration under § 47-2853.44(a)(2) or (3). No person shall assume or use the title or designation "public accountant" or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that such person is a public accountant unless that person is licensed as a certified public accountant under this part.
(b) No firm shall assume or use the title or designation "public accountant" or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the firm is composed of public accountants unless it is a firm of public accountants or a firm of certified public accountants and holds a valid permit issued in accordance with § 47-2853.47, and all offices of the firm in the District for the practice of public accounting are maintained and registered as required under § 47-2853.44, or unless the firm is exempt from registration under § 47-2853.44(a)(2) or (3).
(c) No person or firm shall assume or use the title or designation "certified accountant," "chartered accountant," "enrolled accountant," "licensed accountant," "registered accountant," "accredited accountant," or any other title or designation likely to be confused with "certified public accountant" or "public accountant," or any of the abbreviations "CA," "PA," "RA," "LA," or "AA," or similar abbreviations likely to be confused with "CPA"; provided, however, that anyone who holds a valid permit issued under the special rules in § 47-2853.47, or anyone who holds a practice privilege pursuant to § 47-2853.49, may hold himself out to the public as an "accountant" or "auditor."
(d)(1) No person shall sign or affix his or her name or any trade or assumed name used by the person in his or her profession or business to any opinion or certificate attesting in any way to the reliability of any representation or estimate in regard to any person or organization embracing financial information or facts concerning compliance with conditions established by law or contract, including, but not limited to, statutes, ordinances, regulations, grants, loans, and appropriations, together with any wording accompanying or contained in the opinion or certificate which indicates that the person is either an accountant or an auditor or has expert knowledge in accounting or auditing, unless the person holds a valid permit issued by the Board, or unless the person holds a practice privilege pursuant to § 47-2853.49.
(2) The provisions of this subsection shall not prohibit any officer, employee, partner, or principal of any organization from affixing his or her signature to any statement or report in reference to the affairs of the organization with any wording designating the position, title, or office which he or she holds in the organization nor shall the provisions of this subsection prohibit any act of a public official or public employee in the performance of his or her official duties.
(e) No person shall sign or affix a firm name to any opinion or certificate attesting in any way to the reliability of any representation or estimate in regard to any person or organization embracing financial information or facts respecting compliance with conditions established by law or contract, including, but not limited to, statutes, ordinances, regulations, grants, loans, and appropriations, together with any wording accompanying or contained in the opinion or certificate which indicates that the firm is composed of or employs accountants, auditors, or other persons having expert knowledge in accounting or auditing, unless the firm holds a valid permit issued by the Board and its offices in the District for the practice of public accounting are maintained and registered as required under § 47-2853.44, or a firm exempt from registration under § 47-2853.44(a)(2) or (3).
(f) No person shall assume or use the title or designation "certified public accountant" or "public accountant" in conjunction with names indicating or implying that there is a firm or in conjunction with the designation "and Company" or "and Co." or a similar designation if there is in fact no bona fide firm registered under § 47-2853.44, or unless the firm is exempt from registration under § 47-2853.44(a)(2) or (3) provided, that a sole proprietor or partnership lawfully using such title or designation in conjunction with such names or designation under prior law may continue to do so.
(g) Notwithstanding any other provision of this section, it shall not be a violation of this section for a firm that does not hold a valid permit under § 47-2853.44 and that does not have an office in the District to provide its professional services in the District so long as it complies with the requirements of § 47-2853.44(a)(2) or (3), whichever is applicable.
(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; June 16, 2006, D.C. Law 16-130, § 2(d), 53 DCR 4718; Dec. 2, 2011, D.C. Law 19-43, § 2(d), 58 DCR 8928.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-2853.43.
Effect of Amendments
D.C. Law 16-130 rewrote subsec. (a); and in subsec. (b) and par. (d)(1), substituted "§" for "§§ 47-2853.45 and". Prior to amendment, subsec. (a) read as follows:
"(a) Except as permitted by the Board pursuant to subsection (b) of this section, no person shall assume or use the title or designation "certified public accountant" or the abbreviation "CPA" or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the person is a certified public accountant, unless the person has received a license as a certified public accountant under this subchapter, holds a valid permit to practice as a certified public accountant in the District, and all of the person's offices in the District for the practice of public accounting are maintained and registered as required under §§ 47-2853.44 and 47-2853.45. No firm shall assume or use the title or designation "certified public accountant" or the abbreviation "CPA" or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the firm is composed of certified public accountants unless the firm is registered as a firm of certified public accountants and holds a valid permit under § 47- 2853.47, and all offices of such firm in the District for the practice of public accounting are maintained and registered as required by §§ 47-2853.44, 47-2853.45, and 47-2853.46. No person shall assume or use the title or designation "public accountant" or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that such person is a public accountant unless that person is:
"(1) Registered as a public accountant and holds a valid permit issued by the Board and all of such person's offices in the District for the practice of public accounting are maintained and registered as required by §§ 47-2853.45 and 47-2853.46; or
"(2) Licensed as a certified public accountant under this subchapter."
D.C. Law 19-43, in subsec. (a), substituted "Except as provided in § 47-2853.49 and as permitted by the Board" for "Except as permitted by the Board", substituted "under this subchapter and holds" for "under this subchapter, holds"; substituted "public accountants in the District" for "public accountants in the District, and all of the person's offices in the District for the practice of public accounting are maintained and registered as required under § 47-2853.45"; in subsec. (b), substituted "under § 47-2853.44, or unless the firm is exempt from registration under § 47-2853.44(a)(2) or (3)" for "under § 47-2853.46"; in subsec. (c), substituted " , or anyone who holds a practice privilege pursuant to § 47-2853.49," for "and all of whose offices in the District for the practice of public accounting are maintained and registered as required by the special rules"; in subsec. (d)(1), substituted ", or unless the person holds a practice privilege pursuant to § 47-2853.49" for "and all of the person's offices in the District for the practice of public accounting are maintained and registered as required by § 47-2853.46"; in subsecs. (e) and (f), substituted "§ 47-2853.44, or unless the firm is exempt from registration under § 47-2853.44(a)(2) or (3)" for "§§ 47-2853.44 and 47- 2853.46"; and added (g).
Temporary Amendments of Section
Section 2(e) of D.C. Law 16-101, in subsec. (a), deleted "and 47-2853.45" and ", 47-2853.45," and substituted "licensed as a certified public accountant under this part." for the colon at the end of the lead-in text; repealed subsecs. (a)(1) and (a)(2); in subsec. (b), substituted "§" for "§§ 47-2853.45 and"; and, in subsec. (d)(1), substituted "§" for "§§ 47-2853.45 and".
Section 4(b) of D.C. Law 16-101 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(e) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763).
Legislative History of Laws
For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.
For Law 16-130, see notes following § 47-2853.06.
For history of Law 19-43, see notes under § 47-2853.06.
(a)(1) The Board shall register firms of certified public accountants that demonstrate their qualifications in accordance with this section.
(2) The following entities must register under this section:
(A) Any firm with an office in the District performing attest services as defined in § 47-2853.41(1) or engaging in the practice of certified public accounting as defined in § 47-2853.41(7);
(B) Any firm with an office in the District that uses the title "CPA" or "CPA firm"; and
(C) Any firm that does not have an office in the District but performs attest services defined in § 47-2853.41(1) for a client having its home office in the District.
(3) A firm that does not have an office in the District may perform attest services as defined in § 47-2853.41(1) for a client having its home office in the District, may otherwise engage in the practice of certified public accounting, and may use the title "CPA" or "CPA firm" without registering under this section or obtaining a permit under § 47-2853.47, if the firm:
(A) Has the qualifications described in subsection (b) of this section;
(B) Satisfies any requirements of the Board with respect to peer reviews: and
(C) Performs the services through an individual with practice privileges under § 47-2853.49.
(4) A firm that is not subject to the requirements of paragraphs (2) and (3) of this subsection may perform other professional services in the practice of certified public accounting in the District and may use the title "CPA" or "CPA firm" without registering under this section or obtaining a permit under § 47-2853.47, if the firm:
(A) Performs the services through an individual with practice privileges under § 47-2853.49; and
(B) Is lawfully able to perform the services in the state where the individual with practice privileges has his or her principal place of business.
(b) A firm registering with the Board as a firm of certified public accountants under subsection (a) of this section shall meet the following requirements:
(1) At least one member shall be a certified public accountant licensed and in good standing in the District or, in the case of a firm required to register under subsection (a)(2)(A) of this section, shall be an individual with practice privileges under § 47-2853.49;
(2) Each member, whose principal place of business is in the District and who performs professional services in the District shall be a certified public accountant licensed and in good standing in the District;
(3) Repealed;
(4) Notwithstanding any other provision of law and subject to the provisions of paragraph (5) of this subsection:
(A) At least a simple majority of the ownership interest and voting rights of all partners, officers, shareholders, members, or managers in the firm of certified public accountants shall be owned by individuals licensed as certified public accountants in the District or in any other state; and
(B) Partners, officers, shareholders, members, or managers whose principal place of business is in the District and who perform professional services in the District shall be licensed under this part.
(5) A firm of certified public accountants which includes owners who are not licensed under this part shall be subject to the following requirements:
(A) The firm shall designate an individual who is licensed in the District, or, in the case of a firm required to register under subsection (a)(2)(A) of this section, an individual with practice privileges under § 47-2853.49, to be responsible for the proper registration of the firm and notify the Board.
(B) All owners who are not licensed in the District or in a state shall be active individual participants in the firm of certified public accountants or affiliated entities.
(C) The firm shall comply with all other requirements that the Board may impose by rule.
(6) A licensed individual, or individual with practice privileges, who is responsible for attestation or compilation services and signs, or authorizes another person to sign, the accountant's report on the financial statements on behalf of the firm shall meet the competency requirements set forth in the professional standards for such services.
(7) A licensed individual, or individual with practice privileges, who signs, or authorizes another person to sign, the accountants' report on the financial statements on behalf of the firm shall meet the competency requirements set forth in the professional standards.
(c) Subject to subsection (a)(4) of this section, a firm that is a corporation organized for the practice of certified public accounting shall also comply with Chapter 5 of Title 29, and any rules promulgated thereunder, governing the issuance, ownership, and transferability of shares and be in compliance with such regulations as may be issued for such corporations.
(d) A firm that is registered pursuant to this section and holds a permit issued by the Board, or that it is exempt from holding a registration and permit under subsection (a)(2) and (3) of this section may use the words "certified public accountants" or the abbreviation "CPA" in connection with its firm name. A registered firm shall notify the Board within one month after the admission or withdrawal of a member or shareholder in practice in the District from any firm so registered. Firms shall not offer certified public accounting services unless registered pursuant to this section, except as provided in subsection (a)(2) and (3) of this section.
(e) An applicant firm for initial issuance or renewal of a permit to practice under this section shall register each office of the firm within the District with the Board and demonstrate that all attest and compilation services rendered in the District are under the charge of a person licensed under this part, or the corresponding provision of prior law or some other state.
(f) An applicant firm for initial issuance or renewal of permits under this section shall, in its application, list all states (including the District) in which the firm has applied for or has been issued permits as a CPA firm and list any past denial, revocation, or suspension of a permit by the District or any other state, and each licensee or applicant for a permit under this section shall notify the Board in writing, within 30 days after its occurrence, of any change in the identities of partners, officers, shareholders, members, or managers whose principal place of business is in the District, any change in the number or location of offices within the District, any change in the identity of the persons in charge of such offices, and any issuance, denial, revocation, or suspension of a permit by any other state.
(g) Firms that fall out of compliance with the provisions of this section due to changes in firm ownership or personnel shall take corrective action as quickly as possible. The Board may grant a reasonable period to take corrective action. Failure to bring the firm back into compliance within a reasonable period, as defined by the Board, shall result in the suspension or revocation of the firm permit.
(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; June 16, 2006, D.C. Law 16-130, § 2(e), 53 DCR 4718; July 2, 2011, D.C. Law 18-378, § 3(jj)(2), 58 DCR 1720; Dec. 2, 2011, D.C. Law 19-43, § 2(e), 58 DCR 8928; Sept. 26, 2012, D.C. Law 19-171, § 114(n), 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-2853.44.
Effect of Amendments
D.C. Law 16-130 rewrote section, which had read as follows:
"(a) A firm engaged in the District in the practice of public accounting may register with the Board as a firm of certified public accountants if it meets the following requirements:
"(1) At least one member thereof is a certified public accountant of the District in good standing;
"(2) Each member thereof must be a certified public accountant of a state in good standing; and
"(3) At least one member or the resident manager in charge of an office of the firm in the District and each member thereof personally engaged within the District in the practice of public accounting as a member thereof must be a certified public accountant of the District in good standing.
"(b) A firm that is a corporation organized for the practice of public accounting shall also comply with the provisions of Chapter 4 of Title 29, governing the issuance, ownership, and transferability of shares and be in compliance with such regulations as may be issued for such corporations.
"(c) A firm which is registered pursuant to this section and which holds a permit issued by the Board may use the words 'certified public accountants' or the abbreviation 'CPA' in connection with its firm name. Notification shall be given the Board within one month after the admission or withdrawal of a member or shareholder in practice in the District from any firm so registered."
D.C. Law 18-378, in par. (2), substituted "Chapter 5" for "Chapter 4".
D.C. Law 19-43 redesignated subsecs. (a) to (f) as subsecs. (b) to (g); added subsec. (a); rewrote redesignated subsec. (b); in subsec. (d), substituted "issued by the Board, or that is exempt from holding a registration and permit under subsection (a)(2) and (3) of this section" for ""issued by the Board", and substituted "pursuant to this section, except as provided in subsection (a)(2) and (3) of this section", for "pursuant to this section". Prior to amendment, subsec. (a) [now redesignated as subsec. (b)] read as follows:
"(a) A firm engaged in the District in the practice of public accounting may register with the Board as a firm of certified public accountants if it meets the following requirements:
"(1) At least one member is a certified public accountant licensed and in good standing in the District;
"(2) Each member is a certified public accountant licensed and in good standing in the District or in a state; and
"(3) At least one member or the resident manager in charge of an office of the firm in the District and each member thereof personally engaged within the District in the practice of public accounting is a certified public accountant licensed and in good standing in the District;
"(4) Notwithstanding any other provision of law and subject to the provisions of paragraph (5) of this subsection:
(A) At least 51% of the ownership interest and voting rights of all partners, officers, shareholders, members, or managers in the firm of certified public accountants shall be owned by individuals licensed as certified public accountants in the District or in any other state; and
"(B) Partners, officers, shareholders, members, or managers whose principal place of business is in the District or who perform professional services in the District shall be licensed under this part.
"(5) A firm of certified public accountants which includes owners who are not licensed under this part shall be subject to the following requirements:
"(A) The firm shall designate an individual who is licensed in the District to be responsible for the proper registration of the firm and notify the Board.
"(B) All owners who are not licensed in the District shall be active individual participants in the firm of certified public accountants or affiliated entities.
"(C) The firm shall comply with all requirements that the Board may impose by rule.
"(6) A licensed individual who is responsible for supervising services requiring licensure as a certified public accountant and signs, or authorizes another person to sign, the accountant's report on the financial statements on behalf of the firm shall meet the competency requirements set forth in the professional standards for such services."
"(7) A licensed individual who signs, or authorizes another person to sign, the accountants' report on the financial statements on behalf of the firm shall meet the competency requirements set forth in the professional standards."
D.C. Law 19-171, in subsec. (b)(5)(A), inserted commas following "in the District" and "§ 47-2853.49" and deleted "shall be" preceding "an individual".
Temporary Amendments of Section
Section 2(f) of D.C. Law 16-101 amended section to read as follows:
"(a) A firm engaged in the District in the practice of certified public accounting may register with the Board as a firm of certified public accountants if it meets the following requirements:
"(1) At least one member thereof is a certified public accountant of the District in good standing;
"(2) Each member thereof must be a certified public accountant of the District or of a state in good standing;
"(3) At least one member or the resident manager in charge of an office of the firm in the District and each member thereof personally engaged within the District in the practice of public accounting as a member thereof must be a certified public accountant of the District in good standing;
"(4) Notwithstanding any other provision of law:
"(A) At least 51% of the firm of certified public accountants, in terms of financial interests and voting rights of all partners, officers, shareholders, members, or managers, belongs to individuals licensed as certified public accountants in the District or in any other state;
"(B) Partners, officers, shareholders, members, or managers, whose principal place of business is in the District, or who perform professional services in the District, hold a valid license issued under this part; and
"(C) Although firms may include non-licensee owners, the firm and its ownership must comply with rules promulgated by the Board;
"(5) Any firm of certified public accountants as defined in this part may include non-licensee owners; provided, that:
"(A) The firm designates a licensee of the District who is responsible for the proper registration of the firm and identifies that individual to the Board;
"(B) All non-licensee owners are active individual participants in the firm of certified public accountants or affiliated entities; and
"(C) The firm complies with such other requirements as the Board may impose by rule;
"(6) Any individual licensee who is responsible for supervising services requiring licensure as a certified public accountant and signs or authorizes someone to sign the accountant's report on the financial statements on behalf of the firm shall meet the competency requirements set out in the professional standards for such services; and
"(7) Any individual licensee who signs or authorizes someone to sign the accountants' report on the financial statements on behalf of the firm shall meet the competency requirement of paragraph (6) of this subsection.".
"(b) Subject to the exception provided in subsection (a)(4) of this section, a firm that is a corporation organized for the practice of certified public accounting shall also comply with the provisions of Chapter 4 of Title 29, governing the issuance, ownership, and transferability of shares and be in compliance with such regulations as may be issued for such corporations.
"(c) A firm which is registered pursuant to this section and which holds a permit issued by the Board may use the words "certified public accountants" or the abbreviation "CPA" in connection with its firm name. Notification shall be given to the Board within one month after the admission or withdrawal of a member or shareholder in practice in the District from any firm so registered. Firms shall not offer certified public accounting services unless registered pursuant to this section.
"(d) An applicant firm for initial issuance or renewal of a permit to practice under this section shall be required to register each office of the firm within the District with the Board and to show that all attest and compilation services as defined herein rendered in the District are under the charge of a person holding a valid license in the District issued under Subchapter I-B, or the corresponding provision of prior law or some other state.
"(e) An applicant firm for initial issuance or renewal of permits under this section shall, in its application, list all states (including the District) in which the firm has applied for or holds permits as a certified public accounting firm and list any past denial, revocation, or suspension of a permit by the District or any other state, and each holder of or applicant for a permit under this section shall notify the Board in writing, within 30 days after its occurrence, of any change in the identities of partners, officers, shareholders, members, or managers whose principal place of business is in the District, any change in the number or location of offices within the District, any change in the identity of the persons in charge of such offices, and any issuance, denial, revocation, or suspension of a permit by any other state.
"(f) Firms that fall out of compliance with the provisions of this section due to changes in firm ownership or personnel, after receiving or renewing a permit, shall take corrective action to bring the firm back into compliance as quickly as possible. The Board may grant a reasonable period of time for a firm to take such corrective action. Failure to bring the firm back into compliance within a reasonable period as defined by the Board shall result in the suspension or revocation of the firm permit."
Section 4(b) of D.C. Law 16-101 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(f) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763).
Legislative History of Laws
For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.
For Law 16-130, see notes following § 47-2853.06.
For history of Law 18-378, see notes under § 47-1802.01.
For history of Law 19-43, see notes under § 47-2853.06.
For history of Law 19-171, see notes under § 47-369.01.
(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; June 16, 2006, D.C. Law 16-130, 2(f), 53 DCR 4718.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-2853.45.
Temporary Repeal of Section
Section 2(g) of D.C. Law 16-101 repealed this section.
Section 4(b) of D.C. Law 16-101 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) repeal of section, see § 2(g) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763).
Legislative History of Laws
For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.
For Law 16-130, see notes following § 47-2853.06.
(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; June 16, 2006, D.C. Law 16-130, § 2(g), 53 DCR 4718; Mar. 25, 2009, D.C. Law 17-353, §§ 117, 183, 56 DCR 1117; December 2, 2011, D.C. Law 19-43, § 2(f), 58 DCR 8928.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-2853.46.
Temporary Amendments of Section
Section 2(h) of D.C. Law 16-101 deleted "; or by a public accountant or a firm of public accountants;".
Section 4(b) of D.C. Law 16-101 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(h) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763).
For temporary (90 day) repeal of section 3 of D.C. Law 19-43, see § 7010 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).
For temporary (90 day) repeal of section 3 of D.C. Law 19-43, see § 7010 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).
Legislative History of Laws
For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.
For Law 16-130, see notes following § 47-2853.06.
For Law 17-353, see notes following § 47-308.
For history of Law 19-43, see notes under § 47-2853.06.
Miscellaneous Notes
Section 3 of D.C. Law 19-43 provides:
"Sec. 3. Applicability.
"This act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan."
Section 7010 of D.C. Law 19-168 repealed section 3 of D.C. Law 19-43.
(a) Permits to engage in the practice of certified public accounting in the District shall be issued by the Board to holders of licenses as certified public accountants issued by the Board who have furnished evidence satisfactory to the Board of compliance with the renewal requirements of this subchapter and to persons or firms as required by this subchapter.
(b) Repealed.
(c) Holders of licenses issued by the Board may be required as a condition of the issuance of a permit pursuant to this section to demonstrate, in accordance with the regulations issued by the Board, experience of not fewer than 2 years in either:
(1) Auditing books and accounts of other persons in accordance with generally accepted auditing standards;
(2) Reviewing financial statements and supporting material covering the financial conditions and operations of private business entities to determine the reliability and fairness of the financial reporting and compliance with generally accepted accounting principles;
(3) Such other experience including auditing and accounting experience in a governmental agency as the Board in its discretion regards as qualifying experience; or
(4) Any combination of paragraphs (1) through (3) of this subsection.
(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; June 16, 2006, D.C. Law 16-130, § 2(h), 53 DCR 4718; Dec. 2, 2011, D.C. Law 19-43, § 2(f), 58 DCR 8928.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-2853.47.
Effect of Amendments
D.C. Law 16-130, in subsec. (a), substituted "certified public accounting" for "public accounting".
D.C. Law 19-43 repealed subsec. (b), which read as follows:
"(b) To be eligible for permits all offices in the District of the certificate holder or registrant must be maintained and registered as required by this subchapter."
Temporary Amendments of Section
Section 2(i) of D.C. Law 16-101, in par. (a), substituted "certified public accounting" for "public accounting".
Section 4(b) of D.C. Law 16-101 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(i) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763).
Legislative History of Laws
For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.
For Law 16-130, see notes following § 47-2853.06.
For history of Law 19-43, see notes under § 47-2853.06.
(a) After a notice and hearing as provided in this subchapter, the Board shall revoke the registration and permit to practice of a firm if at any time the firm does not meet all the qualifications prescribed by the provision of this subchapter under which it qualified for registration.
(b) After a notice and hearing as provided in this subchapter, the Board may:
(1) Revoke or suspend the registration of a firm;
(2) Revoke, suspend, or refuse to renew the permit of a firm to practice; or
(3) Censure the holder of any such permit for any of the causes enumerated in § 47-2853.17 or for any of the following additional causes:
(A) The revocation or suspension of the certificate of registration or the revocation, suspension, or refusal to renew the permit to practice of any member; or
(B) The cancellation, revocation, suspension, or refusal to renew the authority of the firm, or any member thereof, to practice public accounting in any state for any cause other than the failure to pay an annual registration fee in such state.
(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-2853.48.
Legislative History of Laws
For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.
(a) The Board, or its designee, shall make a determination of whether the education, examination, and experience requirements contained in the statutes and administrative rules of another jurisdiction are comparable to, or exceed, the education, examination, and experience requirements contained in the Uniform Accountancy Act, approved by the NASBA Board of Directors on July 7, 2007 ( http://www.nasba.org/ 862571B900737CED/60C85E6667EE42F5862573E6004F3E9D/ $file/ UAAFifthEditionFinal.pdf) ("UAA") or that an individual certified public accountant's ("CPA") education, examination, and experience qualifications are comparable to or exceed the education, examination, and experience requirements contained in the UAA. In making its determination, the Board, or its designee, shall take into account the qualifications without regard to the sequence in which experience, education, or examination requirements were attained.
(b) An individual whose principal place of business is not in the District shall be presumed to have qualifications substantially equivalent to the District's qualifications and shall have all the privileges of licensees and permit holders of the District without the need to obtain a license under § 47-2853.42 or a permit under § 47-2853.47, if:
(1) The individual holds a valid license as a CPA from any state that the NASBA National Qualification Appraisal Service has verified to be in substantial equivalence with the CPA licensure requirements of the AICPA/NASBA Uniform Accountancy; or
(2) The individual holds a valid license as a CPA from any state that the NASBA National Qualification Appraisal Service has not verified to be in substantial equivalence with the CPA licensure requirements of the UAA, but the individual has obtained from the NASBA National Qualification Appraisal Service verification that the individual's CPA qualifications are substantially equivalent to the CPA licensure requirements of the UAA. Any individual who passed the Uniform CPA Examination and holds a valid license issued by any state prior to January 1, 2012, may be exempted by the Board from the education requirement in section 5(c)(2) of the UAA for purposes of this section.
(c) Except as provided in this part, an individual granted practice privileges under this section, who offers or renders professional services, whether in person or by mail, telephone, or electronic means pursuant to this part, need not provide notice or other submission to any individual.
(d) An individual licensee of another state exercising the privilege afforded under this section and the firm that employs the licensee shall simultaneously consent, as a condition of the grant of the privilege, to the following:
(1) The personal and subject matter jurisdiction and disciplinary authority of the Board;
(2) Compliance with this part, the generally applicable provisions of this subchapter, and the Board's rules;
(3) In the event the license from the state of the individual's principal place of business is no longer valid, the cessation of the offering or rendering of professional services in the District, individually and on behalf of a firm; and
(4) The appointment of the state board that issued the license as the licensee's agent upon whom process may be served in any action or proceeding by the Board against the licensee.
(e)(1) An individual who has been granted practice privileges under this section, who performs any of the services listed in paragraph (2) of this subsection, and who performs the services for an entity with its home office in the District, may only perform the services through a firm that has obtained a registration under § 47-2853.44 and a permit under § 47-2853.47.
(2) For purposes of paragraph (1) of this subsection, the services performed are any of the following:
(A) Any financial statement audit or other engagement to be performed in accordance with Statements on Auditing Standards;
(B) Any examination of prospective financial information to be performed in accordance with Statements on Standards for Attestation Engagements; or
(C) Any engagement to be performed in accordance with Public Company Accounting Oversight Board Auditing Standards.
(f) An individual who has been granted practice privileges under this section and who performs services for which a firm permit is required under subsection (e) of this section shall not be required to obtain a license under § 47- 2853.42 or a permit under § 47-2953.47.
(g) A permit holder of the District offering or rendering services or using their CPA title in a state shall be subject to disciplinary action in the District for an act committed in the state for which the permit holder would be subject to discipline for the act committed in the state. The Board shall investigate any complaint made by a board of accountancy of a state.
(Dec. 2, 2011, D.C. Law 19-43, § 2(g), 58 DCR 8928.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) repeal of section 3 of D.C. Law 19-43, see § 7010 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).
For temporary (90 day) repeal of section 3 of D.C. Law 19-43, see § 7010 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).
Legislative History of Laws
For history of Law 19-43, see notes under § 47-2853.06.
Miscellaneous Notes
Section 3 of D.C. Law 19-43 provides:
"Sec. 3. Applicability.
"This act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan."
Section 7010 of D.C. Law 19-168 repealed section 3 of D.C. Law 19-43.
