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.
As of January 1, 2026:
Individual Practice Privilege - An individual shall be granted the privilege to perform, or offer to perform, services without notice to the New Mexico Public Accountancy Board or being certified, if the individual holds a valid license or permit in good standing as a CPA or its equivalent issued by another jurisdiction in the United States; provided that the licensee, at the time of licensure, was required to provide evidence of having successfully completed a qualifying exam in accordance with the requirements of the licensing jurisdiction.
- Except as provided in NMSA § 61-28B-26(D), a person whose principal place of business is not in New Mexico shall be presumed to have met comparable licensure requirements and may exercise all the practice privileges of certificate holders of New Mexico without the need to obtain a certificate pursuant to NMSA § 61-28B-9 if the person:
- holds a valid license as a CPA from any state that requires, as a condition of licensure, that a person meet the education and accounting experience requirements pursuant to the qualifications required for a certificate as a CPA listed in NMSA § 61-28B-8(D); or
- holds a valid license or permit in good standing as a CPA or its equivalent from a jurisdiction in the United States; provided that the licensee, at the time of licensure, was required to provide evidence of having successfully completed a qualifying exam in accordance with the requirements of the licensing jurisdiction and the education and accounting experience requirements pursuant to the qualifications required for a certificate as a CPA listed in NMSA § 61-28B-8(D).
- Notwithstanding any other provision of law, a person who qualifies for the practice privilege pursuant to NMSA § 61-28B-26 may offer or render professional services whether in person or by mail, telephone or electronic means, and no notice, fee or other submission shall be required of the person.
- A person who qualifies for the practice privileges pursuant to this section (NMSA § 61-28B-26) and who performs an attest service shall meet the requirements of holding a certificate in New Mexico as listed in NMSA § 61-28B-11.
See NMSA § 61-28B-11(B) and § 61-28B-26(A), (B), and (D)
Firm Practice Privilege/Firm Registration Requirement - The New Mexico Public Accountancy Board may grant or renew a permit to practice as a CPA firm to an applicant that demonstrates its qualifications in accordance with this section (NMSA § 61-28B-13).
- A permit issued pursuant to this section (NMSA § 61-28B-13) shall be required for the following:
- a firm with an office in New Mexico performing attest services as defined by the 1999 New Mexico Public Accountancy Act;
- a firm with an office in New Mexico that uses the title "CPA" or "CPA firm"; or
- a firm that does not have an office in New Mexico but offers or renders attest services for a client in New Mexico, except as provided in NMSA § 61-28B-13(C).
- A firm that does not have an office in New Mexico may offer or render attest services for a client in New Mexico and may use the title "CPA" or "CPA firm" without a permit issued pursuant to this section only if:
- the firm offers or renders the services through an individual that:
- holds a valid license or permit in good standing as a CPA or equivalent issued by another jurisdiction in the United States if, at the time of licensure, the individual showed evidence of having successfully completed a qualifying exam in accordance with the licensing jurisdiction; and
- consents to the disciplinary authority of the New Mexico Public Accountancy Board;
- the firm meets the Firm Ownership requirements of NMSA § 61-28B-13(H)(1); and
- the firm meets the Peer Review requirements of NMSA § 61-28B-13(L).
- A firm not subject to the requirements of NMSA § 61-28B-13(B) or (C) may perform other non-attest professional services while using the title "CPA" or "CPA firm" in New Mexico without a permit issued pursuant to this section (NMSA § 61-28B-13) only if:
- the firm performs services through a person with practice privileges pursuant to NMSA § 61-28B-26; and
- the firm can lawfully perform services in the state that is the firm's principal place of business.
See NMSA § 61-28B-13
Firm Ownership Requirement - An applicant for initial issuance or renewal of a permit shall demonstrate that:
- a simple majority of the ownership of the firm, in terms of financial interests, profits, losses, dividends, distributions, options, redemptions and voting rights of all partners, officers, shareholders, members or managers, belongs to holders of a certificate who are licensed in some state.
- A partner, officer, shareholder, member or manager, whose principal place of business is in New Mexico, and who performs professional services in New Mexico, must hold a valid certificate.
- The firm and all owners must comply with the 1999 New Mexico Public Accountancy Act.
- A person with practice privileges pursuant to NMSA § 61-28B-26 who performs services for which a permit is required pursuant to NMSA § 61-28B-13 shall not be required to obtain a certificate from New Mexico pursuant to NMSA § 61-28B-9.
- A firm may include owners who are not certificate holders; provided that:
- the firm designates a New Mexico certificate holder, or in the case of a firm that must have a permit, a licensee of another state who meets the requirements of NMSA § 61-28B-26(A), who is responsible for the proper registration of the firm and identifies that person to the New Mexico Public Accountancy Board;
- all owners who are not certificate holders are active participants in the CPA firm or registered public accountant firm or affiliated entities; and
- the firm complies with the 1999 New Mexico Public Accountancy Act; and
- a certificate holder, or a person qualifying for practice privileges pursuant to NMSA § 61-28B-26, who is responsible for supervising attest services or signs or authorizes someone to sign the accountant's report on behalf of the firm meets the accounting experience requirements set out in the professional standards for such services.
- An applicant for initial issuance or renewal of a permit shall be required to register each office of the firm within New Mexico with the New Mexico Public Accountancy Board and to show that all attest services rendered in New Mexico are under the charge of a person holding a valid certificate issued pursuant to the 1999 New Mexico Public Accountancy Act or the corresponding provision of prior law or by some other state.
- An applicant for initial issuance or renewal of a permit shall list all foreign and domestic jurisdictions in which it has applied for or holds permits as a CPA firm and list any past denial, revocation or suspension of a permit by any jurisdiction. Each permit holder or applicant shall notify the New Mexico Public Accountancy Board in writing, within thirty (30) days of the occurrence of a change in the identities of partners, officers, shareholders, members or managers whose principal place of business is in New Mexico, a change in the number or location of offices within New Mexico, a change in the identity of the persons in charge of such offices and any issuance, denial, revocation or suspension of a permit by another jurisdiction.
See NMSA § 61-28B-13(H)-(J)
Consent to Jurisdiction - A person licensed in another state exercising the practice privilege afforded pursuant to NMSA § 61-28B-26 shall consent, as a condition of exercising the practice privilege:
- to submit to the personal and subject matter jurisdiction and disciplinary authority of the New Mexico Public Accountancy Board;
- to comply with the 1999 New Mexico Public Accountancy Act and the rules adopted by the New Mexico Public Accountancy Board;
- to cease offering or rendering professional attest services in New Mexico in the event the license from the state of the person's principal place of business is no longer valid; and
- to the appointment of the state board that issued the license as agent upon whom process may be served in any action or proceeding by the New Mexico Public Accountancy Board against the licensee.
- A certificate or permit holder of New Mexico that offers or renders an attest service or uses its CPA title in another state shall be subject to disciplinary action in New Mexico for an act committed in another state for which it would be subject to discipline in the other state. The New Mexico Public Accountancy Board shall investigate any complaint made by the board of accountancy in another state in accordance with the provisions of the 1999 New Mexico Public Accountancy Act.
See NMSA § 61-28B-26(C) and (E)
Peer Review Requirement - As a condition to permit renewal, the New Mexico Public Accountancy Board shall require the applicant to undergo a peer review conducted in accordance with New Mexico Public Accountancy Board rules.
- The review shall include a verification that a person in the firm, or a person qualifying for practice privileges pursuant to NMSA § 61-28B-26, who is responsible for supervising attest services and signs or authorizes someone to sign the accountant's report on behalf of the firm meets the accounting experience requirements set out in the professional standards for the services as required by the New Mexico Public Accountancy Board.
- See NMSA § 61-28B-17(L)-(M) for application of Peer Review requirements to those utilizing practice privileges in New Mexico.
See NMSA § 61-28B-13(L)
Additional Requirements See NMSA § 61-28B-13(M) and § 61-28B-17(L-M)
Restrictions - Attest services may only be provided by a certificate holder or a member of a firm that satisfies the requirements of this section (NMSA § 61-28B-13) and the Qualifications for a Certificate as a CPA in NMSA § 61-28B-8 and the Firm Requirements of NMSA § 61-28B-13.
- Attest services may not be performed by a certificate holder who is a member of a firm that does not meet the certificate holder's ownership requirements set forth in this section (NMSA § 61-28B-13).
See NMSA § 61-28B-13(N) Definitions - "Attest" in New Mexico means to provide the following services:
- an audit or other engagement performed in accordance with the Statements on Auditing Standards (SAS);
- a review of a financial statement performed in accordance with the Statement on Standards for Accounting and Review Services (SSARS);
- an engagement performed in accordance with the Statements on Standards for Attestation Engagements (SSAE) adopted by the New Mexico Public Accountancy Board; and
- an engagement to be performed in accordance with the auditing standards of the Public Company Accounting Oversight Board (PCAOB).
- "Comparable Licensure Requirements" in New Mexico means requirements that are comparable to or exceed the education, examination and accounting experience requirements of NMSA § 61-28B-26(1)(A), as determined by the New Mexico Public Accountancy Board.
- "Compilation" in New Mexico means a service provided to management, applying accounting and financial reporting expertise, in the presentation of financial statements and reports without undertaking to obtain or provide assurance that there are no material modifications that should be made to the financial statements or reports to be in accordance with the applicable financial reporting framework.
- "Firm" in New Mexico means a sole proprietorship, professional corporation, partnership, limited liability company, limited liability partnership or other legal business entity that practices public accountancy.
- "Practice" in New Mexico means performing or offering to perform public accountancy for a client or potential client by a person who makes a representation to the public as being a permit holder or registered firm.
- "Public Accountancy” in New Mexico means the performance of one (1) or more kinds of services involving accounting or auditing skills, including the issuance of reports on financial statements, the performance of one (1) or more kinds of management, financial advisory or consulting services, the preparation of tax returns or the furnishing of advice on tax matters.
- "Report" in New Mexico means a written communication issued by an accountant or an accountant firm that:
- when used in reference to an audit, review or examination service, expresses or disclaims an opinion or a conclusion as to whether subject matter is presented in accordance with specified criteria; and
- when used in reference to a compilation, agreed-upon procedures service or other service that is not an audit, review or examination service, includes a statement or implication that the accountant or accountant firm that issued the report has special knowledge or competence in accounting or attest services such as by the use of names or titles indicating that the person or firm is an accountant or an accountant firm or by the contents of the report itself.
See NMSA § 61-28B-3
Statute and/or Regulation References New Mexico Statutes Annotated (NMSA) § 61-28B-3, § 61-28B-11, § 61-28B-13, § 61-28B-17, and § 61-28B-26
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. |