Practice Privileges.
Mobility is a practice privilege that generally permits a licensed CPA in good standing to practice in a state from outside of their principal place of business without obtaining another license, so long as the licensee meets certain state specific conditions.
For state accountancy boards that have adopted the Uniform Accountancy Act § 23 Safe Harbor Language for mobility, this will allow those licensees who had practice privileges prior to a specific date to proceed to practice, so long as they have a license in good standing and no other state specific restrictions apply. Currently, Delaware, Texas, and Pennsylvania have adopted the UAA Safe Harbor Language for Mobility.
Effective October 1, 2009:
Individual Practice Privilege - A person whose principal place of business is not in Montana and who holds a valid license as a CPA from any state that the National Association of State Boards of Accountancy (NASBA)'s National Qualification Appraisal Service (NQAS) or a successor organization has verified to be in substantial equivalence with the CPA licensure requirements of the Uniform Accountancy Act (UAA) or a subsequent act of the American Institute of Certified Public Accountants (AICPA) or NASBA is presumed to have qualifications substantially equivalent to Montana requirements and has all the privileges of persons holding a Montana license without the need to obtain a license under Mont. Code Ann. § 37-50-302.
- A person who offers or renders professional services under this section, whether in person, by mail, by telephone, or by electronic means, is granted practice privileges in Montana and no notice, fee, or other submission is required.
- A CPA who is licensed in a jurisdiction that has licensing standards that are substantially equivalent to Montana's standards, or who meets the individual substantial equivalent standards, may practice under the practice privilege pursuant to Mont. Code Ann. § 37-50-325.
- The Montana Board of Public Accountants has determined that all jurisdictions approved by NASBA are deemed to be "substantially equivalent."
- A person whose principal place of business is not in Montana and who holds a valid license as a CPA from any state that NASBA's NQAS or a successor organization has not verified to be in substantial equivalence with the CPA licensure requirements of the UAA or a subsequent act of the AICPA/NASBA is presumed to have qualifications substantially equivalent to Montana requirements and has all the privileges of persons holding a Montana license without the need to obtain a license under Mont. Code Ann. § 37-50-302 if the person obtains verification from NQAS that the person's CPA qualifications are substantially equivalent to the CPA licensure requirements of the UAA of the AICPA/NASBA.
- A person who has passed the Uniform CPA Examination and holds a valid license issued by any other state prior to January 1, 2012, is exempt from the education requirements in the UAA or a subsequent act for purposes of this section.
- A person who offers or renders professional services under this section, whether in person, by mail, by telephone, or by electronic means, is granted practice privileges in Montana and no notice, fee, or other submission is required unless the person is required to register pursuant to Mont. Code Ann. § 37-50-335.
See Mont. Code Ann. § 37-50-325 and Mont. Admin. R. 24.201.531
Firm Practice Privilege/Firm Registration Requirement - Effective July 1, 2017, all firms that establish or maintain offices in Montana for the practice of public accounting shall register annually with the Montana Board of Public Accountants.
- A firm that does not have an office in Montana may use the title "CPA" or "CPA firm" in Montana without registering and may:
See Mont. Code Ann. § 37-50-335
Consent to Jurisdiction for Mobility A licensee of another state exercising the privilege under this section and the firm that employs that person, as a condition of the grant of this privilege: - are subject to the personal and subject matter jurisdiction and disciplinary authority of the Montana Board of Public Accountants;
- shall comply with this chapter and the Montana Board of Public Accountants' rules;
- shall cease offering or rendering professional services in Montana individually or on behalf of a firm if the license from the state of the person's principal place of business is no longer valid; and
- shall accept the appointment of the state board that issued the license as the agent upon whom process may be served in any action or proceeding by the Montana Board of Public Accountants against the licensee.
See Mont. Code Ann. § 37-50-325(3)
Peer Review Requirement - Firms required to be registered must comply with the Montana peer review requirement pursuant to Mont. Admin. R. 24.201.1103.
- Exemption of the Montana peer review requirement will apply to out-of-state firms that do not have a physical location in Montana, but perform attest or compilation services in Montana, and have a peer review in the state in which they are located, and are otherwise qualified for practice privileges.
See Mont. Admin. R. 24.201.1108
Additional Requirement N/A
Restrictions - A person who has been granted practice privileges under this section and who, for any client with its home office in Montana, performs any attest services or compilations may do so only through a firm in compliance with Mont. Code Ann. § 37-50-335 as detailed above.
Definitions See Mont. Code Ann. § 37-50-101
Statute and/or Regulation Reference Mont. Code Ann. § 37-50-101, § 37-50-325, § 37-50-330, § 37-50-335 Mont. Admin. R. 24.201.531, 24.201.1103, and 24.201.1108
Disclaimer: The information contained in NASBA’s Accountancy Licensing Library and CPAmobility.org is for informational purposes only and should not be construed as legal advice or legal opinion. The information is based on current state board of accountancy law and rules which are publicly available. Because board law and rules are continuously changing, there may be a slight delay in law or rule effective dates and the information reflected in these websites. NASBA cannot guarantee a mobility outcome based solely on the information contained in these websites, as additional state factors not listed here may be applicable. It is the responsibility of each CPA licensee or permit holder to be knowledgeable of each state board's current laws and rules in the state(s) in which the licensee intends to practice via mobility.
Click Reciprocal Licensure and/or Firm Registration in the menu bar at the top of this page for additional information or if these practice privilege requirements do not apply to you or your firm. |