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, New Jersey, Texas, and Pennsylvania have adopted the UAA Safe Harbor Language for Mobility.
Individual A New Hampshire CPA License is required: - For purposes of obtaining a license by endorsement as a certified public accountant, as regulated by the board of accountancy, the current requirements of the licensing jurisdiction shall be as follows:
- A bachelor’s degree with a concentration in accounting or equivalent acceptable to the licensing jurisdiction;
- One (1) year or more of public accounting experience or equivalent acceptable to the licensing jurisdiction; and
- Pass the Uniform CPA Examination or other examination deemed equivalent by the licensing jurisdiction.
See N. H. Code Admin. pt. Plc 313.13.
Firm Practice Privilege/Firm Registration Requirement A New Hampshire CPA License is required: - Any firm that does not have an office in New Hampshire but offers or renders attest services for a client having its home office in this state is required to obtain a New Hampshire permit to practice, unless it:
- Meets the ownership and peer review requirements of New Hampshire; and
- Performs such services through an individual with practice privileges; and
- Can lawfully perform the same services in the jurisdiction where the individual performing the services under individual practice privileges has their principal place of business.
See N.H. Rev. stat. Ann. § 309-B:8, I(a)(3).
Firm Ownership Requirement An applicant for initial issuance or renewal of a permit to practice shall show that: - Notwithstanding any other provision of law, a simple majority of the ownership of the firm, in terms of financial interests and voting rights of all partners, officers, shareholders, members or managers, belongs to holders of a certificate who are licensed in some state of the United States and such partners, officers, shareholders, members, or managers, whose principal place of business is in New Hampshire, and who perform professional services in New Hampshire, hold a valid certificate issued under N.H. Rev. stat. Ann. § 309-B:5 or the corresponding provisions of prior law or are public accountants licensed underN.H. Rev. stat. Ann. § 309-B:9. Firms may include non-licensee owners but the firm and its ownership shall comply with the rules adopted by the board.
- Any CPA firm may include non-licensee owners, provided that:
- The firm designates a licensee of New Hampshire who is responsible for the proper registration of the firm and identifies that individual to the New Hampshire Office of Professional Licensure and Certification.
- All non-licensee owners are of good moral character and are active individual participants in the CPA firm or affiliated entities.
- The firm complies with such other requirements as the New Hampshire Board may impose by rule.
- Any individual licensee and any individual qualifying for practice privileges under N.H. Rev. stat. Ann. § 310:17 who is responsible for supervising attest services, and signs or authorizes someone to sign the accountant's report on the financial statements on behalf of the firm, shall meet the appropriate experience requirements for such services as required by professional standards for such services.
- Any individual licensee and any individual qualifying for practice privileges under N.H. Rev. stat. Ann. § 310:17 who signs or authorizes someone to sign the accountant's report on the financial statements on behalf of the firm shall meet the experience requirement of N.H. Rev. stat. Ann. § 309-B:8, III(c).
See N.H. Rev. stat. Ann. § 309-B:8, III.
Consent to Jurisdiction A CPA of another state exercising practice privileges in New Hampshire and the firm which employs the CPA consents, as a condition to the exercising of this privilege, to the following: - The personal and subject matter jurisdiction and disciplinary authority of this Board.
- Compliance with the provisions of the New Hampshire Accountancy Law and the rules and regulations adopted by the Board.
- In the event the certificate from the state of the individual's principal place of business is no longer valid, the individual shall cease offering or rendering professional services in New Hampshire individually and on behalf of the CPA firm.
- The appointment of the board of accountancy which issued the individual or firm license as his agent upon whom process may be served in any action or proceeding by this Board against the licensee.
Firm Mobility Peer Review Requirement - If the firm conducts audits (whether financial, performance, or both), review of financial statements, compilation of financial statements and agreed-upon procedures, the firm is subject to peer review requirements.
- A firm shall provide proof of its peer review enrollment within thirty (30) days of first being engaged to provide any of the services listed above.
- The New Hampshire Board shall require, on either a uniform or random basis, that applicants undergo a peer review no more frequently than once every three (3) years.
See N.H. Rev. stat. Ann. § 309-B:8, VIII, and also N.H. Code Admin. Accy. R. 405.02.
Additional Requirement N/A
Restrictions N/A
Relevant Definitions - "Attest services" means the following services:
- Any audit or other engagement to be performed in accordance with the American Institute of Certified Public Accountants' (AICPA) Statements on Auditing Standards (SAS).
- Any review of a financial statement to be performed in accordance with the AICPA Statements on Standards for Accounting and Review Services (SSARS).
- Any examination of prospective financial statements to be performed in accordance with the AICPA Statements on Standards for Attestation Engagements (SSAE).
- Any engagement to be performed in accordance with the Public Company Accounting Oversight Board's Auditing Standards (PCAOB).
- Any examination, review, or agreed upon procedures engagement to be performed in accordance with the Statements on Standards for Attestation Engagements (SSAE), other than the examination described in the 3rd bullet listed above.
- "Compilation" means providing a service to be performed in accordance with the AICPA SSARS that is presenting in the form of financial statements, information that is the representation of management without undertaking to express any assurance on the statements.
- "CPA Firm" means a sole proprietorship, a corporation, a partnership including a limited liability partnership, a limited liability company including a professional limited liability company, or any other legally authorized association issued a license under N.H. Rev. stat. Ann. § 309-B:8.
- "Peer review" means a study, appraisal, or review of one or more aspects of the professional work of a person or firm that performs attest services, by a person or persons who hold certificates and who are not affiliated with the person or firm being reviewed.
- "Report," when used with reference to any attest or compilation service, means an opinion, report, or other form of language that states or implies assurance as to the reliability of the attested or compiled financial statements, and that also includes or is accompanied by any statement or implication that the person or firm issuing it has special knowledge or competence in accounting or auditing. Such a statement or implication of special knowledge or competence may arise from use by the issuer of the report of names or titles indicating that such person or firm is an accountant or auditor, or from the language of the report itself. The term "report" shall include any form of language which disclaims an opinion when such form of language is conventionally understood to imply any positive assurance as to the reliability of the attested or compiled financial statements referred to or special competence on the part of the person or firm issuing such language, and it shall include any other form of language that is conventionally understood to imply such assurance or such special knowledge or competence.
- "Substantial equivalency" is a determination by the office or its designee that 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 (UAA), or that the individual certified public accountant's education, examination, and experience qualifications are comparable to or exceed the education, examination, and experience requirements contained in the UAA. In ascertaining substantial equivalency as used in this statute, the office shall take into account the qualifications without regard to the sequence in which experience, education, or examination requirements were attained.
Statute and/or Regulation References The New Hampshire Accountancy Act § 309-B:8; New Hampshire Code of Administrative Rules, Board of Accountancy § 102; § 302.07; § 405; and New Hampshire Code of Administrative Rules, Professional Licensure and Certification 313.13.
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. |