Practice Privileges
Effective November 15, 2011:
Individual Practice Privilege (See NY Ed. Law Article 149 § 7401, § 7404, § 7408.)
- An individual who holds a certificate or license as a certified public accountant issued by another state, who is in good standing in the state where certified or licensed, and whose principal place of business is not in the state of New York may practice public accountancy in this state without obtaining a license pursuant to NY Ed. Law Article 149 § 7404, if:
- the Department has determined that the other state has education, examination, and experience requirements for certification or licensure that are substantially equivalent to or exceed the requirements for licensure in New York state; or
- the Department has verified that the individual possesses licensure qualifications that are substantially equivalent to or exceed the requirements for licensure in this state.
- Any CPA who qualifies for practice privileges and offers or renders professional services in person or by mail, telephone or electronic means may practice public accountancy in New York without notice to the Department.
- An individual who has been granted practice privileges who performs any of the services listed in NY Ed. Law Article 149 § 7401(1) or (2) may only do so through a firm which has obtained a registration under NY Ed. Law Article 149 § 7408. Such services are:
- offering to perform or performing attest and/or compilation services, as defined in NY Ed. Law Article 149 § 7401-a; and
- incident to the attest and/or compilation services, offering to perform or performing professional services for clients, in any or all matters relating to accounting concepts and to the recording, presentation, or certification of financial information or data.
Such an individual, as well as an individual with a New York license who does not have a principal place of business in New York, may provide services listed in NY Ed. Law Article 149 § 7401(3) through a firm of certified public accountants that does not have a registration in this state but that holds a valid license, registration, or permit in another state. Such services are: - offering to perform or performing, for other persons one (1) or more types of the following services including but not limited to:
- accounting, management advisory, financial advisory, and tax exclusive of services within NY Ed. Law Article 149 § 7401(1) or (2), involving the use of professional skills or competencies of the licensed accountant as described in the rules of the board of regents, including professional services rendered to one's employer not required to register under NY Ed. Law Article 149 § 7408, in any and all matters related to accounting concepts and to the recording of financial data or information or the preparation or presentation of financial statements.
Firm Practice Privilege/Firm Registration Requirement
Consent to Jurisdiction for mobility (See NY Ed. Law Article 149 § 7406 (2)(d))
Any CPA exercising practice privileges in New York and any firm that employs such CPA to provide such services in New York, consent to all of the following as a condition to the exercise of practice privileges in New York: - To the personal and subject matter jurisdiction and disciplinary authority of the New York State Board of Regents as if the practice privilege is a license, and an individual with a practice privilege is a licensee;
- To comply with the laws of New York, the rules of the New York State Board of Regents, and the regulations of the commissioner;
- To the appointment of the secretary of state, or other public official acceptable to the department, in the CPA's state of licensure or the state in which the firm has its principal place of business, as the CPA or firm's agent upon whom process may be served in any action or proceeding by the department against such CPA or firm.
- In the event the license from the CPA's principal place of business is no longer valid or in good standing, or that the CPA has had any final disciplinary action taken by the licensing or disciplinary authority of any other state concerning the practice of public accountancy that has resulted in:
- the suspension or revocation of his/her license, or
- other disciplinary action against his/her license that arises from:
- gross negligence, recklessness or intentional wrongdoing relating to the practice of public accountancy,
- fraud or misappropriation of funds relating to the practice of public accountancy, or
- preparation, publication, or dissemination of false, fraudulent, or materially incomplete or misleading financial statements, reports or information relating to the practice of public accountancy, the CPA shall cease offering to perform or performing such services in New York individually and on behalf of his/her firm, until and unless such CPA receives written permission from the department to resume the practice of public accountancy in New York.
Peer Review Requirement The out-of-state firm, when registration is required, must comply with the Department’s mandatory peer review program pursuant to NY Ed. Law Article 149 § 7410 or N.Y. Comp. Codes R. & Regs. tit. 8, § 70.10.
Additional Individual Requirement - An individual licensee or individual practicing under practice privileges who signs or authorizes someone to sign the accountant’s report on the financial statement on behalf of a firm shall meet the competency requirements set out in the professional standards for such services and as set out in Rules of the Board of Regents § 29.10(a)(13):
- Have at least 1,000 hours of experience within the previous five (5) years in providing attest services or reporting on financial statements gained through employment in government, private industry, public practice or an educational institution satisfactory to the New York State Board for Public Accountancy; OR
- Be employed by a firm registered with the Department pursuant to N.Y. Comp. Codes R. & Regs. tit. 8, § 70.8 that has undergone a peer review satisfactory to the Department which indicates that the firm has received a rating of pass or pass with deficiencies.
In addition, the individual must also have: - Completed at least forty (40) hours of continuing education (CPE) in the area of accounting, auditing or attest during the prior three (3) calendar years or in the calendar year in which the service is performed; and
- Maintained the level of education, experience, and professional conduct required by generally accepted professional standards relating to the attest services performed.
- Any licensee who supervises a compilation engagement or signs or authorizes someone to sign an accountant’s report on financial statements of a client for such compilation services shall have:
- Completed at least forty (40) hours of continuing education in the area of accounting, auditing or attest during the prior three (3) calendar years or in the calendar year in which the service is performed; and
- Maintained the level of education, experience, and professional conduct required by generally accepted professional standards relating to the compilation services performed.
Restrictions (See NY Ed. Law Article 149 § 7406 (2)(f)(3))
- A person wishing to practice public accounting in New York who does not meet the requirements for practice privileges must obtain a full license and registration from the New York Board.
- In the event the license from the other state of the certified public accountant's principal place of business is no longer valid or in good standing, or that the certified public accountant has had any final disciplinary action taken by the licensing or disciplinary authority of any other state concerning the practice of public accountancy that has resulted in:
- the suspension or revocation of his or her license, or
- other disciplinary action against his or her license that arises from:
- gross negligence, recklessness or intentional wrongdoing relating to the practice of public accountancy,
- fraud or misappropriation of funds relating to the practice of public accountancy, or
- preparation, publication or dissemination of false, fraudulent, or materially incomplete or misleading financial statements, reports or information relating to the practice of public accountancy,
the certified public accountant shall cease offering to perform or performing such services in this state individually and on behalf of his or her firm, until and unless such certified public accountant receives written permission from the department to resume the practice of public accountancy in this state of New York. - Any CPA who, within the last seven (7) years immediately preceding the date on which they wish to practice in New York, meets any of the following conditions, must notify the department and cannot practice public accountancy in New York through practice privileges until they have received from the department written permission to do so. Failure to provide this notice subjects the CPA to the disciplinary authority of the Board.
- Has been the subject of any final disciplinary action taken against them by the licensing or disciplinary authority of any other jurisdiction with respect to any professional license or has any charges of professional misconduct pending against them in any other jurisdiction; or
- Has had his/her license in another jurisdiction reinstated after a suspension or revocation of said license; or
- Has been denied issuance or renewal of a professional license or certificate in any other jurisdiction for any reason other than an inadvertent administrative error; or
- Has been convicted of a crime or is subject to pending criminal charges in any jurisdiction.
Definitions
Statute and/or Regulation Reference N.Y. Comp. Codes R. & Regs. tit. 8, § 70.7
NY Ed. Law Article 149 § 7401
NY Ed. Law Article 149 § 7406
NY Ed. Law Article 149 § 7408
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. |