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Current through October 23, 2012
(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.
