Current through Register Vol. 49, No. 2, February 2024
Rule 1
DEFINITIONS
1.1
ACT, BOARD,
STATE, EXAMINATION, PRONOUNS
Throughout these Rules, the "Public Accountancy Act of 1975, as
amended," codified as A.C.A. §
17-12-101 et
seq., may be referred to as "the Act" and the Board of Public Accountancy as
"the Board;" "this State" refers to the State of Arkansas; "examination" means
the examination required for a certificate as a Certified Public Accountant
prescribed by A.C.A. §
17-12-301
et seq; and masculine terms shall include the feminine and, when the context
requires, shall include partnerships, limited liability companies and
corporations.
1.2
CLIENT
The person or entity which retains a licensee for the performance
of professional services.
1.3
FINANCIAL STATEMENTS
Financial statements are statements and footnotes related thereto
that purport to show financial position which relates to a point in time or
changes in financial position which relate to a period of time, including
statements which use a cash or other comprehensive basis of accounting. The
term includes balance sheets, statements of income, statements of changes in
comprehensive income, statements of retained earnings, statements of cash flows
and statements of changes in owners' equity, but does not include incidental
financial data included in management advisory services reports to support
recommendations to a client, nor does it include tax returns and supporting
schedules.
1.4
FIRM
See A.C.A. §
17-12-103(a)(6)
1.5
GENERALLY
ACCEPTED ACCOUNTING PRINCIPLES
"Generally accepted accounting principles" shall be deemed and
construed to mean accounting principles or standards generally accepted in the
United States. For purposes of these rules and regulations, generally accepted
accounting principles are considered to be defined by pronouncements issued by
the Financial Accounting Standards Board and its predecessor entities and
similar pronouncements issued by other entities having similar generally
recognized authority.
1.6
GENERALLY ACCEPTED AUDITING STANDARDS
"Generally accepted auditing standards" shall be deemed and
construed to mean the generally accepted auditing standards adopted by the
Board. The Board shall take into consideration interpretations of Generally
Accepted Auditing Standards as issued by the American Institute of Certified
Public Accountants and other pronouncements having similar generally recognized
authority.
1.7
LICENSEE
See A.C.A. §
17-12-103(a)(8)
1.8
PRACTICE OF, OR
PRACTICING PUBLIC ACCOUNTING
See A.C.A. §
17-12-103(a)(11)
1.9
PROFESSIONAL
SERVICES
See A.C.A. §
17-12-103(a)(12)
1.10
PUBLIC
COMMUNICATION
A public communication is a communication made in identical form
to multiple persons or to the world at large, as by television, radio, motion
picture, newspaper, pamphlet, mass mailing, letterhead, business card,
electronic transmission or directory.
1.11
CERTIFICATE
See A.C.A. §
17-12-103(a)(5)
1.12
PERMIT TO
PRACTICE
Permit to practice means a permit to practice public accountancy
issued under prior provisions of the Act, or under corresponding provisions of
the law of other states
Rule
2
BOARD RULES AND MEETINGS
2.1
BOARD OF PUBLIC ACCOUNTANCY
Any interested person may obtain information, including copies of
all forms and instructions used by the Board, or make submissions or requests
by writing the Board at its principal office and official address which is
appended hereto in Appendix One.
2.2
RULES AND REGULATIONS
A.C.A §
17-12-203
provides that the Board may prescribe rules and regulations for the conduct of
its affairs and for the administration of the Act.
2.3
ANNUAL MEETING
The annual meeting of the Board shall be held in June of each
year at the office of the Board, or at such other place as the Board may have
designated by previous resolution and, at such time, the president, secretary
and treasurer shall be elected to serve until their successors are elected. The
office of secretary and treasurer may be held by the same individual. The
election of such officers shall be the first order of business at such meeting
after hearing the reports of outgoing officers, and the newly elected officers
shall assume the duties of their respective offices at the conclusion of the
meeting at which they were elected.
2.4
OTHER MEETINGS
In addition to the annual meeting and in addition to future
meetings, the time and place of which may be fixed by resolution of the Board,
any meeting may be called by the president of the Board or by joint call of two
of its members.
2.5
RULES OF ORDER
Meetings of the Board shall be conducted in accordance with
Robert's Rules of Order insofar as compatible with the laws of the State
governing the Board or its own resolutions as to its conduct.
2.6
OPEN MEETINGS
All meetings of the Board shall be conducted in accordance with
applicable state laws, including the Freedom of Information Act.
2.7
RULES OF CONDUCT
The rules of conduct are set out in Appendix Two.
Rule 3
EXAMINATIONS
3.1
DEFINITIONS(a) An examination is
defined as one of the regular examinations offered by the Board. The Board may
make such use of all or any part of the Uniform Certified Public Accountants
Examination and Advisory Grading Services as it deems appropriate. The Board
may decide to use disclosed or non-disclosed examinations.
(b) A first-time applicant is defined as an
applicant who has never sat for the CPA examination as an Arkansas
applicant.
(c) A re-exam applicant
is defined as an applicant taking an examination after sitting as a first-time
applicant who has not been granted credit for any subjects on the examinations
or who has lost conditional status as described in Rule 3.6(d).
(d) A conditioned applicant is defined as an
applicant taking an examination, after sitting as a first-time or re-exam
applicant, who has been granted credit for some, but not all, subjects as
described in Rule 3.6(d).
3.2
EXAMINATION SUBJECTS, TIME AND
PLACE(a) Examinations shall be held at
least semi-annually each year in location(s) and on dates designated by the
Board. Notice of the time and place of the examination shall be provided to
each applicant with the application to sit for the examination.
(b) The examination shall include the
following subjects:
(1) Business Law &
Professional Responsibilities (LPR)
(2) Auditing (AUDIT)
(3) Accounting & Reporting - Taxation,
Managerial, and Governmental and Not-for-Profit Organizations (ARE) (4)
Financial Accounting & Reporting (FARE).
3.3
EXAMINATION EDUCATIONAL
REQUIREMENTS(a) As used in these
rules, "accreditation" refers to the process of quality control of the
education process. There are two different levels of accreditation referred to
in Rule 3.3 (b) below.
(1) A college or
university will be considered accredited by one of the major regional
accreditation associations if accredited by one of the six (6) accrediting
agencies or its successor agency as follows:
(a) Middle States Association of Colleges and
Secondary Schools;
(b) New England
Association of Schools and Colleges;
(c) North Central Association of Colleges and
Secondary Schools;
(d) Northwest
Association of Schools and Colleges;
(e) Southern Association of Colleges and
Schools;
(f) Western Association of
Schools and Colleges.
Colleges and Universities accredited by these associations are
listed in Accredited Institutions of Postsecondary Education published by the
Council of Postsecondary Accreditation of the American Council on
Education.
(2)
As referenced in Rule 3.3 (B) (2), accreditation of an accounting program is
granted by a national accreditation agency recognized by the Board such as the
American Assembly of Collegiate Schools of Business (AACSB). Such accreditation
is in addition to accreditation of the business college or programs, and is
granted to accounting departments or programs that have met a stringent set of
standards addressing faculty credentials, student quality curricula, and
physical facilities. Graduates who submit transcripts from accredited
accounting programs are deemed to have met the Board's specific accounting and
non-accounting course requirements.
(b) The requirements to sit as a first-time
applicant are either (1) or (2) below:
(1)
(a) A total of 150 semester hours of college
credits from an institution accredited by one of the major regional
accreditation associations or other accrediting organization recognized by the
Board as being comparable, including, at least, a Baccalaureate degree and a
concentration in accounting, and including the courses listed below, which must
be completed no later than the same semester in which the exam is
taken.
(b) Thirty (30) hours of
accounting above Principles/Introductory, with a minimum grade of "C" in each
course including Principles/Introductory with the following minimums:
(1) 9 hours in Financial Accounting above
Prin./ Intro,
(2) 3 hours in Cost
Accounting/Managerial.
(3) 3 hours
in Auditing.
(4) 3 hours in Federal
Income Tax.
(5) 3 hours in
Governmental/Not-for-Profit.
(6) 9
hours of Accounting Electives.
(c) A minimum of three (3) hours in each of
the following non-accounting courses, with a minimum grade of "C" in each
course.
(1) Business Law.
(2) Statistics.
(3) Computers/Data Processing.
(4) Business Finance.
(5) Micro-Economics.
(6) Macro-Economics.
(7) Marketing.
(8) Management.
(9) Oral Communications.
(10) Written Communications above Freshman
English, such as Business Communications, Advanced Grammar, or Technical
Writing.
(d) Standard
conversions will be applied whenever a school is not on the semester
basis.
(e) Applicants are
encouraged to take elective hours towards the 150-hours requirement in academic
courses that provide a breadth of knowledge. Suggested areas of study include:
communication skills, legal and social environment of business, ethics,
humanities, computer skills, etc.
(2) A Masters degree in Accounting from an
institution that, as of the date of granting, said degree is accredited by the
American Assembly of Collegiate Schools of Business (AACSB), or other
accrediting organization recognized by the Board as being comparable.
3.4
APPLICATIONS(a) Persons desiring to
take the examination for qualification as a Certified Public Accountant shall
apply on a form provided by the Board and obtainable from its office. Different
application forms are provided for original examinations and for
re-examinations.
(b) Applications
for permission to sit as a first time applicant must be received in the Board
office at least sixty (60) days prior to the scheduled examination.
(c) Items which constitute an original
examination application are a completed application form, the designated
application fee, and other items enumerated in the application form.
(d) First-time applicants who have completed
their education requirements before making their original application for the
examination must have their official transcript submitted and received in the
Board office at least thirty (30) days prior to the examination. First-time
applicants who have not completed their education requirements prior to making
their original application for the examination must submit, at least thirty
(30) days prior to the examination, their current transcripts and letters from
recognized school officials stating that they may reasonably be expected to
complete their educational requirements as stated in the Act. Applicants must
complete the educational requirements as stated in the Act within forty-five
(45) days after the first day of the examination. In addition, official
transcripts indicating satisfactory completion of their requirements must be
received in the Board office within thirty (30) days after completion of such
requirements. All transcripts must be sent from the registrar(s) and
certification letters must be sent from the school officials directly to the
Board.
(e) Application to sit as a
re-exam or conditioned applicant must be made on the proper application form
provided by the Board. The properly completed application form and the
designated application fee must be received in the Board office at least sixty
(60) days prior to the scheduled examination.
(f) It is the responsibility of the applicant
to make timely delivery of the appropriate application form and designated fee.
In no instance need applications be accepted by the Board if the instructions
and deadlines set forth in Paragraph 3.4(a) through 3.4(e) have not been
met.
(g) All applications must be
either officially accepted or rejected by the Board. The Board reserves the
right to withdraw its approval by issuing notice thereof in writing or by
telephone or telegraph, not less than twenty-four (24) hours prior to the
commencement of the scheduled examination.
3.5
EXAMINATION PROCEDURES
(a) Each applicant shall be furnished a
numbered identification card upon which he shall sign his name and address, and
deliver to the examiner in charge. Answers to examination questions, identified
by the proper question number, must be submitted by the applicant on stationery
or forms furnished by the Board. The applicant shall identify his answers by
noting such number on each answer sheet and in no other manner. Reference by an
applicant during the examination to books or other material, exchange of
information with other persons, or the unauthorized disclosure of examination
material shall be considered misconduct sufficient to bar the applicant from
further participation in that particular examination subject and to cause
cancellation of all other papers submitted covering other subjects of that
scheduled examination. Such misconduct will also lead to suspension of the
right to sit for subsequent examinations for such period of time as determined
by the Board.
3.6
NUMBER OF SITTINGS, PASSING GRADE AND GRANTING OF CREDIT, EFFECTIVE
DATES, RELEASE OF GRADES AND COMPLETION OF EXAMINATION
(a) At any sitting, the applicant must sit
for all parts for which he has not yet received a passing grade.
(b) A grade of at least 75 is hereby
prescribed as a passing grade for each subject. A grade of 50 is required on
each part of the examination not passed. Applicants failing to achieve the
minimum grade(s) will not be permitted to sit for any subsequent examinations
without submitting proof acceptable to the Board of additional preparation for
the parts on which the 50 minimum was not achieved. The additional preparation
must be in the same subject(s) as the part(s) on which the 50 minimum was not
achieved.
(c) A first-time
applicant who does not become a conditioned applicant shall be permitted to sit
for additional examinations as a re-exam applicant provided the applicant
continues to meet all examination requirements specified in the Act and these
rules.
(d) A first-time applicant
or a re-exam applicant who becomes a conditioned applicant shall be permitted
to sit for the next six (6) consecutive examinations as a conditioned
applicant.
(1) To obtain a conditioned status,
an applicant must earn a grade of 75 or more on two parts of the examination
with at least 50 on each part of the exam not passed. However, the minimum
grade of 50 on failed parts does not apply if three of the four parts are
passed in one sitting,
(2) To add
to conditioned status, the applicant must earn a grade of 75 or more in at
least one part, and a grade of at least 50 on a part not passed.
(3) Applicants who have unexpired conditions
going into the first CPA exam administered in 1994 will be given credit under
the new exam format as follows:
(a) Business
Law: Business Law & Professional Responsibilities (LPR)
(b) Auditing: Auditing (AUDIT)
(c) Practice: Accounting & Reporting -
Taxation, Managerial, and Governmental and Not-for-Profit Organizations
(ARE)
(d) Theory: Financial
Accounting & Reporting- (FARE)
(e) In the Board's discretion for good cause
shown, the Board may grant a condition to an applicant who passed one or more
parts of the exam, but fails to sit for all parts of the exam due to
circumstances beyond the applicant's control, provided that the applicant meets
the other requirements of this rule. Any applications for such a waiver must be
made in writing and received in the Board office at least sixty (60) days prior
to the next exam given by the Board.
(f) Once an applicant achieves a re-exam or
conditioned status in Arkansas, the applicant is eligible to sit in Arkansas
even though the applicant is no longer residing in Arkansas.
(g) The Board may permit an applicant of this
State to sit for the examination under the supervision of another state Board
as follows:
(1) Applicants in military
service,
(2) Applicants on
temporary employment assignment out of the State of Arkansas,
(3) Applicants attending as a full-time
student at a college or university outside of Arkansas,
(4) Applicants who demonstrate other good
cause acceptable to the Board.
Any such request must be received in the Board office at least
sixty (60) days prior to the examination date.
(h) Each applicant who has furnished the
Board with all documentation for an original examination application shall
receive from the Board, in writing, the grades received on each subject of the
examination. The Board shall communicate the grades to the applicant on the
date recommended as the national release date.
(i) An applicant shall be deemed to have
passed the CPA examination when the applicant has been granted credit for all
four subjects passed in accordance with the Act and these rules.
(j) It is the policy of the Board not to
regrade papers.
(k) Applicants'
answers to the examination questions are the property of the Board. They are
retained by the Board or its agent for ninety days after the national release
date of grades and then destroyed.
(l) The Board will accept only those
applicants of other jurisdictions to sit for the examination under the
supervision of this Board as follows:
(1)
Applicants in military service,
(2)
Applicants on temporary employment assignment in Arkansas,
(3) Applicants attending as a full-time
student at a college or university in Arkansas,
(4) Applicants who demonstrate other good
cause acceptable to the Board.
Any such request must be received in writing in the Board office
at least sixty (60) days prior to the examination date.
3.7
EXAMINATION CREDITS FROM OTHER
STATES
The Board will accept credit on the Uniform Certified Public
Accountant Examination earned by an applicant of another state provided the
applicant meets the legal requirements of this state for admission to the
examination and that the credits which were earned would have been earned had
the rules of Section 3.6 above been in effect.
3.8
FEES
The fees to sit for the examination are enumerated in Rule
12.
(a) If an applicant's application
is denied, the Board will refund all of the fees except the application
fee.
(b) A refund of examination
fees, except the application fee, will be made if an applicant is unable to sit
for an examination, provided the Board is notified in writing and the written
notice is received in the Board office at least thirty (30) days prior to such
examination. Requests for a refund received within the thirty (30) day period
preceding an examination will be granted only in emergency
situations.
(c) All fees for
examinations are payable only by cashier's checks or money orders.
3.9
NONDISCLOSED
EXAMINATION
A non-disclosed examination is one in which the security
restrictions before and during the examination continue afterwards, since many
of the questions will be used again in subsequent examinations. Additional
security and prevention measures are required.
(a) As a condition precedent to being
eligible to take a non-disclosed examination, each applicant shall execute a
statement required by the owners of the non-disclosed exam or deemed
appropriate by the Board. Said statement may include, without limitation, the
following:
(1) The applicant shall not
disclose directly or indirectly any information regarding the questions or
content of the exam, acquired from taking the exam;
(2) The applicant will not remove or attempt
to remove any exam materials from the examination site; and
(3) Failure to comply with the statement may
result in the invalidation of grades, disqualification from future examinations
and possible civil and criminal penalties.
(b) As a condition precedent to being allowed
access to the non-disclosed exam materials and the participation in the
administration of the non-disclosed exam each person shall execute a statement
required by the owners of the non-disclosed exam or deemed appropriate by the
Board. This requirement applies to the board members, employees, agents,
proctors, etc. Said statement may include, without limitation, the following:
(1) The person will not read or permit anyone
else to read examination questions unless authorized to do so;
(2) The person will not reveal the nature or
content of any exam question;
(3)
The person will report to the Board any solicitations or disclosures of
restricted exam information;
(4)
The person will not participate in any capacity in a CPA Examination coaching
or review course while having such a relationship with the Board and for one
year thereafter, without first securing the Board's permission;
(5) The person consents to the granting of
injunctive relief without proof of actual damages in favor of the Board or the
exam owner for a breech of the agreement; and
(6) The person will not engage in any
activity or enter into any relationship that might involve or appear to involve
a conflict of interest with administering the examination for the Board.
Rule
4
RECIPROCITY
4.1
See A.C.A. §
17-12-308
for the qualifications for issuance of a reciprocal certificate.
4.2 The fee for a reciprocal certificate is
set forth in Rule 12.
4.3 An
application for a reciprocal certificate is obtainable from the Board's office.
Rule 5
FOREIGN
ACCOUNTANTS
5.1 See A.C.A. §
17-12-308(c)
for the qualifications for issuance of a reciprocal certificate to the holder
of a substantially equivalent foreign designation.
5.2 Such an applicant is also required to
submit the same reference in support of his moral character, as is required of
applicants for certificate as a Certified Public Accountant.
Rule 6
NOTIFICATION
OF PRACTICE UNDER SUBSTANTIAL EQUIVALENCY
6.1 Prior to practicing public accountancy in
the state of Arkansas, any person holding a valid CPA certificate or license
issued by another state shall file notice with and upon a form provided by the
Board; upon such filing said person who meets the requirements of A.C.A. §
17-12-101 et.seq
and Board Rules regarding substantial equivalency will be granted the privilege
to practice public accountancy in Arkansas. Individuals intending to practice
public accountancy in Arkansas under A.C.A. §
17-12-311
(Substantial Equivalency) shall annually file such notice of intent to so
practice with the Board. The initial notice and each subsequent notice shall be
accompanied by the fee listed in Rule 12.
6.2 If the substantial equivalency standard
set out in A.C.A. §
17-12-311
is not applicable, the Board shall issue a reciprocal certificate to the holder
of a certificate issued by another state provided that he/she has met the
requirements of A.C.A. §
17-12-301
and §
17-12-501.
Rule 7
OWNERSHIP OF
FIRMS
7.1
DEFINITIONS
(a) For purposes of these rules, "actively
participate" means the providing of personal services in the business entity
licensed in Arkansas to practice public accounting, in the nature of
management, performance of services for clients, or similar activities.
Individuals and entities whose primary source of income from the business
entity is provided as a result of passive investment will not be considered as
actively participating in the business entity.
(b) For purposes of these rules, an "owner"
is defined as a person who actively participates in a business entity licensed
in Arkansas to practice public accounting, and who (1) has an interest in
profits and losses of such business entity, or (2) owns all, or any portion, of
the equity capital of such business entity, or (3) has a vote with respect to
matters of such business entity.
(c) For purposes of these rules, "profits and
losses" are defined as the net taxable income or loss, determined prior to
payment of any form of compensation to owners, of a business entity licensed in
Arkansas to practice public accounting.
(d) For purposes of these rules, "equity
capital" is defined as (a) capital stock, capital accounts, capital
contributions, or undistributed earnings of a business entity licensed in
Arkansas to practice public accounting; and (b) loans and advances to a
business entity licensed in Arkansas to practice public accounting, made or
held by its owners. "Equity capital" does not include an interest in bonuses,
profit sharing plans or defined benefit plans or loans to a business entity
licensed in Arkansas to practice public accounting from banks, financial
institutions or other third parties that do not actively participate in such
business entity.
(e) For purposes
of these rules, a "business entity" is defined as a proprietorship,
partnership, corporation, limited liability company or any other permissible
form of practice which is licensed in Arkansas to practice public
accounting.
7.2
Corporations. Any corporation granted a license under the Act shall be subject
to the Rules of Professional Conduct. Any shareholder who ceases to be eligible
to be a shareholder shall be required to dispose of all of his or her shares
within a reasonable period to a person qualified to be a shareholder or to the
corporation.
7.3 Partnerships,
Corporations, Limited Liability Companies and Other Permissible Forms of
Practice; General Requirements; Ownership.
(a)
A person who is not a certified public accountant or public accountant in this
or some other state or jurisdiction but who actively participates within this
state in the business conducted in Arkansas by a business entity licensed in
Arkansas to practice public accounting may be an owner, director, officer,
limited liability company member, or manager in any such business entity, under
the following conditions:
(1) Such person
shall not hold himself or herself out as a certified public accountant or
public accountant.
(2) The name of
such person shall be provided to the Board by a business entity in connection
with the granting or renewal of a license in Arkansas to such business
entity.
(3) Such person shall not
have ultimate responsibility for the performance of audits, reviews or
compilations of financial statements or other forms of attestation related to
financial information.
(b) Limitations; Equity Ownership. Persons
who are not certified public accountants or public accountants in this or any
other state or jurisdiction but who are owners of a business entity licensed in
Arkansas to practice public accounting, shall not (a) hold, in the aggregate,
more than forty-nine percent (49%) of such business entity's equity capital or
voting rights, or (b) receive, in the aggregate, more than forty-nine percent
(49%) of such business entity's profits or losses.
(c) Other forms of practice. These rules
shall be applied to individuals and to any business entity licensed in Arkansas
to practice public accounting in a manner consistent with carrying out the
intent of these rules.
(d)
Eligibility; Disqualification; Owners. With respect to owners who are not
licensed in this state or any other state or jurisdiction as certified public
accountants or public accountants, if at any time the board determines that any
such owner no longer is eligible to be an owner by virtue of not being in
compliance with the criteria set forth in the Public Accountancy Act and rules,
such owner and the business entity in which ownership exists shall be notified
that if a board hearing is not requested within thirty (30) days of the date of
mailing notification of such determination, an order will then be entered that
such owner must divest himself or herself of ownership in the business entity
within sixty (60) days of entry of the order.
(e) Corporations; Other Requirements. The
principal executive officer of a corporation licensed in Arkansas to practice
public accounting shall be a shareholder and a director who is a licensed
certified public accountant or public accountant. Directors and officers who
are not licensees shall not exercise any authority whatsoever over professional
matters relating to the practice of public accountancy.
7.4
Application Procedures;
Forms.(a) Each applicant for
registration as any type of licensed business entity shall register with the
Board of Public Accountancy prior to performing public accounting work in the
state of Arkansas. Such registration form must include an affidavit signed by a
general partner, manager, member or officer of such business entity who is a
certified public accountant or public accountant of Arkansas in good standing,
attesting to the accuracy of the information in the application
materials.
(b) After the Board has
accepted the initial registration application and has issued a license to
practice, the registered business entity may practice in the state of Arkansas
under the title which appears on the license to practice as the name of the
business entity.
(c) Arkansas
registered business entities shall renew their registration on an annual basis,
on forms provided by the Board. Failure or refusal to provide complete and
accurate responses to all questions on the registration renewal forms by the
deadline noted on such forms may be grounds for refusal to renew such
registration.
(d) Arkansas
registered business entities shall include on their initial registration with
the board, and subsequent renewal of such registration, a complete listing of
the names and the state of residency of all owners and the percentage of
ownership and voting rights of each owner.
7.5
Non-resident Public
Accountants
A non-resident Public Accountant and an Arkansas Public
Accountant or Certified Public Accountant may form a partnership or corporation
for the practice of public accountancy, which shall be registered with the
Board, provided that the non-resident Public Accountant holds a valid and
unrevoked license in a jurisdiction having a regulatory law and, further
provided that the nonresident Public Accountant shall not actively practice
public accounting in Arkansas as an individual or as a partner or shareholder
of the firm.
The Board will not register such a partnership or corporation if
the non-resident Public Accountant lives in a state which does not have a
regulatory accountancy law.
Rule 8
PROFESSIONAL STANDARDS
8.1 Licensees shall comply with professional
standards in the performance of professional services.
8.2
"Professional standards" means the
following, as in effect on June 1, 1999:
(1) Statements on Auditing Standards (SAS)
and related Auditing Interpretations issued by the AICPA;
(2) Statements on Standards for Accounting
and Review Services (SSARS) and related Accounting and Review Services
Interpretations issued by the AICPA;
(3) Statements on Standards on Consulting
Services (SSCS) and related Consulting services Interpretations issued by the
AICPA;
(4) Statements on Standards
for Attestation Engagements (SSAE) and related Attestation Engagements
Interpretations issued by the AICPA;
(5) Statements on standards for Accounting
Services on Prospective Financial Information, Financial forecasts and
Projections and Reporting on Pro Forma financial Information and related
Prospective Financial Information, Forecasts, Projections and Pro Forma
Interpretations issued by the AICPA;
(6) Statements on Responsibilities in Tax
Practice and related Tax Practice Interpretations issued by the
AICPA;
(7) Statements for
Performing and Reporting on Quality Reviews and Interpretations of Standards
for Performing and Reporting on Quality Reviews issued by the AICPA;
(8) Standards for Audits on Governmental
Organizations Programs, Activities and Functions issued by the Comptroller
General of the United States;
(9)
Generally Accepted Accounting Principles and Interpretations of Generally
Accepted Accounting Principles issued by the Financial Accounting Standards
Board (FASB);
(10) Generally
Accepted Accounting Principles and Interpretations of Generally Accepted
Accounting Principles issued by the Governmental Accounting Standards Board
(GASB);
(11) Similar pronouncements
by the AICPA, FASB, GASB, Securities and Exchange Commission and other
organizations having generally recognized authority over licensees of the
Board.
Rule 9
CHANGE OF ADDRESS OR BUSINESS AFFILIATION
9.1 Notice shall be given by the licensee to
the Board within thirty (30) days of any new residence or business address or
the address of any additional office opened for the practice of public
accounting in this State. Notice must be similarly given by the licensee of the
closing of any such offices. No form is provided for such notices, but they
must be in writing and whether in letter form or otherwise, they must be
clearly headed with "Notice of New Office", "Closing of Office", or similar
wording, and, in the case of a new office, the name and the certificate or
registration number of the resident manager is to be furnished. All offices of
the practice of public accounting, on closing, must return any certificate of
registration issued by the Board.
9.2 The Board shall be notified by the
licensee within thirty (30) days of any change of employment or business
affiliation, together with the address of the new employer or business
affiliate.
9.3 Upon the death or
incapacity of a licensee or the closing of an accounting firm for any reason,
including bankruptcy, the Board may in its discretion, based upon the merits
and circumstances of each case, permit the accounting firm to continue
operating for a period of time not to exceed one hundred eighty (180) days
under the supervision of a person approved by the Board and subject to
conditions prescribed by the Board.
Rule 10
ANNUAL REGISTRATION
10.1 Each licensee shall, on or before the
first day of January in each year, notify the Board in writing, on a form
provided by the Board, of his present place of residence, his present employer,
and such other information as the Board may require. At the time of
transmitting such information, he shall pay to the treasurer of the Board a
registration fee each year as determined by the Board.
10.2 The Board will issue the appropriate
receipt to the licensee who has complied with the annual registration in 10.1
provided:
(1) the necessary information was
furnished on the annual registration form, including a representation that the
CPE requirements have been met;
(2)
the required fee for said registration was paid;
(3) there are no delinquent annual
registration and/or fees due for prior periods pursuant to §
17-12-506:
(4) a proper response to the Board's Quality
Review Survey was received; and
(5)
there is no existing suspension of certificate, license or right to
apply.
10.3
(a)
(1) A
non-resident licensee seeking renewal of a license or practice privilege in
this state can satisfy the CPE requirement of this state by meeting the
comparable CPE requirements for renewal of a license, permit or registration in
the state in which the licensee's principal office is located (home
state).
(2) A non-resident
applicant for renewal shall be presumed to have complied with the CPE
requirements in his home state by certifying that he has met the CPE renewal
requirements of that state on the renewal application of this state. The Board
shall annually audit a selected sample of such certifications.
(b) If a non-resident licensee's
home state has no CPE requirements for renewal of a license, permit or
registration or those requirements are less than 40 hours in the past twelve
months or 120 hours in the past three years, the non-resident licensee must
comply with the CPE requirements for renewal of a license in this state;
provided, however, any hours accepted by the Board in his home state shall be
credited toward his CPE requirements in this state
Rule 11
HEARINGS
BEFORE BOARD-NOTICE-PROCEDURE-REVIEW PROCEDURE FOR ENFORCEMENT -
INVESTIGATIONS
11.1
(a) All investigations of possible violations
of the Act or the Rules of the Board should be initiated only with the approval
of the Board.
(b) The major portion
of possible violations may be expected to be of such nature that they can be
disposed of informally by correspondence between the designee of the Board
acting under the Board's instructions, and the person or persons
involved.
(c)
(1) An investigation shall not be deferred or
suspended without the approval of the Board even though the person being
investigated is made a party to civil litigation or is prosecuted in a criminal
action, notwithstanding that either of such proceedings involves the subject
matter of the investigation. The prosecution of an accused in such criminal
proceedings shall not be a bar to disciplinary proceedings, nor shall the
finding, judgment or decree of any court in such civil proceedings to which the
Board is not a part be binding on the Board
(2) The Board may defer an investigation of a
case in which the accountant is a party to litigation, civil or criminal,
provided that the accountant executes an agreement in a form acceptable to the
Board providing that the terms of any settlement and the product of discovery
generated during the litigation shall be produced upon request by the
Board.
(d) The Board may
conduct any investigation by a staff person and/or may designate investigating
officer(s) to conduct investigations who shall be competent by reason of
training or experience.
(e) No
person being investigated has a right to be present or to be heard during the
investigation, but before any finding is recommended such person being
investigated shall be advised of the nature of the conduct which is being
investigated and he shall be given an opportunity to make a statement
personally or by counsel, verbally or in writing, sworn or unsworn, explaining,
refuting or admitting the alleged misconduct which shall be considered by the
Board's investigating officer in making any finding and recommendation to the
Board as to the disposition of the investigation.
(f) The investigating officer(s), upon
completion of his investigation, shall present a summary of the result of the
investigation and recommend that the Board make a finding of probable cause or
no probable cause of violation of the Act or these Rules.
11.2
REVIEW OF INVESTIGATIVE
OFFICER(a) The Board shall consider
the recommendation by the investigating officer(s) and may find
(1) probable cause,
(2) no probable cause or
(3) instruct the investigating officer(s) to
further investigate the matter.
(b) A finding of no probable cause by the
Board shall be final and after such finding no further proceedings shall be had
in the matter by the Board unless new or additional evidence not available or
made known to the Board at the time of the finding is thereafter brought to the
attention of the Board. The Board shall promptly notify the person being
investigated and any complaining party of the Board's finding of no probable
cause.
(c) If the Board finds
probable cause it may direct
(1) that
disciplinary action be initiated under these rules by the filing of a complaint
setting forth the particular act or acts of conduct for which the person is
sought to be disciplined,
(2) that
an action be instituted pursuant to A.C.A §
17-12-104 or
§
17-12-105,
or
(3) that other appropriate
action be taken.
(d)
Pleadings and motions shall be filed in triplicate with the Board. When a
complaint is filed, it shall be given a docket number and the answer and
motions thereafter filed in the case shall refer to such docket number.
(1) At the time the complaint is filed, a
copy thereof shall be mailed, under the direction of the Board, by registered
mail or certified mail, return receipt requested, to the respondent at his
address as shown upon the records of the Board, and with such copy of the
complaint there shall be transmitted a notice that a hearing thereon will be
held at a time and place to be specified, not less than thirty days after the
mailing of such notice. The notice of hearing shall state the legal authority
and jurisdiction under which the hearing is to be held.
(2) All pleadings, motions and orders filed
in the case, except applications for witness subpoenas, shall be served on each
party. Services shall be made by delivery of a copy of the document to be
served to the party or his attorney or by mailing it to him at his last known
address. Delivery of a copy within this rule shall mean: handing it to the
attorney or to the party or, leaving it at his office with his secretary or
other person in charge thereof, or, if there is no one in charge, leaving it in
a conspicuous place therein. Or, if the office is closed or the person to be
served has no office, leaving it at his usual place of abode with some person
of his family above fifteen (15) years of age and informing such person of the
contents thereof. Service by mail shall be deemed complete upon mailing. When
an attorney makes the service, a certificate of service conforming to that
required by the Arkansas Rules of Civil Procedure shall be taken as prima facie
proof of such service in compliance with these rules.
(e) Respondent shall answer the complaint,
incorporating all defenses and admitting, denying or stating he is without
knowledge of such allegation of the complaint and as a part thereof may
challenge the sufficiency of the complaint and the jurisdiction of the Board.
No defenses are to be raised by motion. The answer must be filed within twenty
(20) days after receipt of a copy of the complaint by him, unless the time for
filing pleadings is extended by the president or secretary of the Board. Upon
the failure of the respondent to file a timely answer or to appear at the
scheduled hearing, the Board may proceed to hear evidence against him and may
enter such order as shall be justified by the evidence, provided, however, that
within thirty days from the date of any order, upon a showing of good cause for
failure to respond, the Board may reopen said proceedings.
(f) Licensee subject to a hearing has a right
to information pursuant to A.C.A. §
25-15-208(a)(3).
(g) Hearings upon motions may be deferred
until the final hearing and whenever held, rulings thereon may be reserved
until conclusion of the final hearing.
11.3
COMPUTATION OF TIME
(a) In computing any period of time
prescribed or allowed by these rules, the day of the act or event from which
the designated period of time begins to run shall not be included. The last day
of the period so computed shall be included unless it is a Saturday, Sunday or
legal holiday in which event the period shall run until the end of the next day
which is neither Saturday, Sunday nor legal holiday. When the period of time
prescribed or allowed is less than seven (7) days, intermediate Saturdays,
Sundays and legal holidays shall be excluded in the computation.
(b) When a party has the right or is required
to do some act or take some proceeding within a prescribed period after the
service of a notice or other paper upon him and the notice or paper is served
upon him by mail, three (3) days shall be added to the prescribed
period.
11.4
SUBPOENAS(a) Subpoenas for the
attendance of the witnesses and for the production of documents at depositions
and hearings shall be issued by the Board upon its own initiative or the
written application of any party. The application shall state the name and
address of the witness for whom the subpoena is to be issued, the party on
whose behalf the witness is expected to testify, the time and place for the
witness to appear, and designated books, papers, documents or tangible things,
if any, to be produced.
(b)
Subpoenas shall be served as required by Rule 45, Arkansas Rules of Civil
Procedure, and the party at whose instance the subpoena is issued shall be
responsible for obtaining service of the subpoena.
(c) Witness fees, expenses and mileage, if
requested by the witness, shall be paid by the party at whose instance the
witness is summoned and shall be the same as prescribed by Rule 45, Arkansas
Rules of Civil Procedure.
11.5
HEARINGS BEFORE THE BOARD
(a) If the hearing on the complaint,
including the taking of testimony, is to be conducted by the Board, its
presiding officer or other member thereof, the Board, the presiding officer or
other member shall have the authority to:
(1)
Administer oaths and affirmations,
(2) Rule upon the sufficiency of the
complaint and the jurisdiction of the Board,
(3) Rule upon offers of proof and receive
relevant evidence,
(4) Regulate the
course of the hearing,
(5) Hold
conferences for the settlement of simplification of issues by consent of the
parties,
(6) Dispose of procedural
requests or similar matters.
(b) The Board, at the conclusion of the final
hearing or within a reasonable time thereafter, shall make findings of fact and
conclusions of law as to each item of misconduct with which the respondent is
charged and enter an order stating the effective date and providing for the
appropriate disciplinary action and recovery of the costs of the proceedings
pursuant to A.C.A. §
17-12-601.
(c) The Board shall promptly notify the
respondent and any complaining party of its findings and order.
11.6
HEARINGS BEFORE A
HEARING EXAMINER OR MEMBER OF THE BOARD
(a) In the alternative, the Board may appoint
a hearing examiner or member of the Board, who may conduct hearings in the
absence of the Board and shall have the authority to:
(1) Administer oaths and
affirmations,
(2) Rule upon offers
of proof and receive relevant evidence,
(3) Regulate the course of the
hearing,
(4) Hold conferences for
the settlement or simplification of issues by consent of the parties,
(5) Dispose of procedural requests or similar
matters.
(b) In the
event the respondent challenges the sufficiency of the complaint or the
jurisdiction of the Board a recommended ruling in favor of the respondent shall
be referred to the Board for decision. A recommended finding against the
respondent shall be included in the report.
(c) Within thirty (30) days after the
conclusion of the final hearing before the hearing examiner or member of the
Board, or within such extended period of time as may be allowed by the Board
for good cause shown, the hearing examiner or member of the Board shall make a
report to the Board which shall include
(1)
Recommended findings of fact and conclusions of law as to each item of
misconduct with which the respondent is charged,
(2) Recommendations as to whether or not the
respondent should be found guilty of misconduct justifying disciplinary
measures;
(3) Recommendations as to
the disciplinary measures to be applied, if any, and
(4) A recommended form of order.
(d) A copy of the hearing
examiner's or member of the Board's report shall be served upon the
respondent.
11.7
REVIEW OF HEARING EXAMINER'S OR MEMBER OF THE BOARD'S REPORT
(a) Within ten (10) days after the hearing
examiner or member of the Board files his report with the Board or within such
extended time as may be allowed by the Board. The record of the proceedings,
including the transcript of all the testimony and exhibits, shall be filed with
the Board.
(b) Within thirty (30)
days after the hearing examiner or member of the Board files his report, or
within such extended time as may be allowed by the Board for good cause shown,
the respondent may file with the Board exceptions to the hearing examiner's or
member of the Board's report and may file a brief in support of such
exceptions. If the respondent files a brief, the counsel prosecuting the case
may, within twenty (20) days after the respondent's brief if filed with the
Board or within such extended time as may be allowed by the Board for good
cause shown, file a brief in reply. The parties shall file six (6) copies of
the brief with the Board and shall serve one (1) copy upon the opposing party
or his counsel.
(c) The Board shall
notify the respondent of the time and place of its meeting, at least ten (10)
days in advance thereof, at which time it will review the hearing examiner's or
member of the Board's report. The respondent or his counsel may attend and
present oral argument in support of any exceptions filed under subparagraph (b)
of this rule. If the respondent or his counsel presents such oral argument, the
counsel prosecuting the complaint may present oral argument in reply. Each side
will be allowed a stated amount of time designated by the Board for
argument.
(d) The Board,after
review of the record and the hearing examiner's report, and considering the
briefs and oral argument, if any, shall within a reasonable time make findings
of fact as to each item of misconduct with which the respondent is charged,
conclusions of law and enter an order stating the effective date and the
disciplinary action pursuant to A.C.A. §
17-12-601 et
seq or exonerating the respondent.
11.8
DISPOSITION OF PROCEDURAL
REQUESTS
In the event the hearing is to be conducted pursuant to Rule 11.6
or no decision has been made by the Board to appoint a hearing examiner or
member of the Board, the Board may appoint one of its members to rule upon
procedural requests or similar matters. Such rulings shall be reviewed by the
Board at its hearing on the complaint or at the time it reviews the report of
the hearing examiner or member of the Board.
11.9
EVIDENCE
The admission of evidence shall be governed by A.C.A. §
25-15-213(4).
11.10
RECORD OF
PROCEEDINGS(a) An accurate record of
the testimony, evidence and all proceedings made before a hearing examiner, a
member of the Board or before the Board shall be reported, transcribed, indexed
and bound by a court reporter supplied by the Board any party may contract with
the court reporter for a transcript of the proceedings.
(b) In the event that judicial review is
sought of any Board action taken pursuant to these rules, the Board shall
prepare or have prepared a certified transcript of record, including all
pleadings, motions, or other requests, certified transcripts of all
proceedings, evidence, the hearing examiner's or member of the Board's report
and exceptions here to and the Board's finding of fact and order, or so much of
the foregoing as is essential, and submit the same to the reviewing
court.
(c) The party or parties
seeking judicial review of an order rendered by the Board may apply to the
Board for a stay of that order. The stay may be granted upon such conditions as
shall be reasonable, and the order granting a stay shall specify the conditions
upon which the stay is granted.
11.11
PUBLICATION OF
DISCIPLINARY/ADMINISTRATIVE SANCTIONS
The Board may cause to be published in the Board's and NASBA's
official publications (printed or electronic), and may publish in newspapers of
general circulation in the state, the name of any certificate or registration
holder who is the subject of a reprimand, suspension of certificate or
registration, revocation of certificate or registration, or surrender of
certificate or registration in lieu of disciplinary action, or any other
disciplinary action. Such publication shall not occur until a final Board order
has been issued. The publication may contain a narrative factual summary of the
actions and /or violations which were the basis for the
disciplinary/administrative action.
Rule 12
FEES
The fees for various services of the Board are as follows (must
be paid in U. S. dollars):
CPA EXAMINATION FEES: |
First-time application fee (non refundable)
............................................................... |
$50 |
Law & Professional Responsibilities
....................................................................... |
$65 |
Auditing
................................................................................................................... |
$65 |
Accounting & Reporting
............................................................................................ |
$65 |
Financial Accounting & Reporting
............................................................................ |
$65 |
Proctor Fee for Out-of-State Applicants
................................................................... |
$65 |
APPLICATION FEES (Non-refundable): |
CPA/PA License
....................................................................................................... |
$50 |
Reciprocal Certificate
............................................................................................... |
$50 |
Registration as a Public Accountant
......................................................................... |
$50 |
Registration of Partnership, Limited Liability Company
Composed of CPAs
........................................................................................................................ |
$80 |
Registration of Partnership, Limited Liability Company or
Corporation Composed of PAs
.................................................................................................... |
$80 |
Duplicate or replacement Certificate
........................................................................ |
$20 |
Transfer of Credits From Another
Jurisdiction: |
Transfer Fee for Each Part
....................................................................................... |
$10 |
ANNUAL REGISTRATION FEES |
License to Practice
................................................................................................... |
$80 |
Inactive License Status
............................................................................................ |
$40 |
Notification of intent to practice under "Substantial
Equivalency" provision ............. |
$80 |
Partnership, Corporations and Limited Liability Company
....................................... |
$80 |
Registration of each firm office in excess of one office
............................................ |
$25 |
Rule 13
CONTINUING EDUCATION
Pursuant to the provisions of the Act, the Board prescribes the
following regulations amending requirements of continuing education to be met
from time to time by licensees in order to maintain the highest standard of
proficiency in the profession of public accountancy.
13.1
Definitions that are applicable to
Rule 13:(a) Continuing Professional
education (CPE): An integral part of lifelong learning required to provide
competent professional accounting service to the public. The set of activities
that enables accounting professionals to maintain and increase their
professional competence.
(b) Group
Program: An educational process designed to permit a participant to learn a
given subject through interaction with an instructor and other participants
either in a classroom setting or using the Internet (non-interactive Internet
courses will not qualify in this area).
(c) Independent Study: An educational process
designed to permit a participant to learn a given subject under a learning
contract with a CPE program sponsor (all independent study must be approved in
advance by the Arkansas State Board of Public Accountancy).
(d) Self-study Program: An educational
process designed to permit a participant to learn a given subject without major
involvement of an instructor. Self-0study programs use a pilot test (a sampling
of at least three individuals) to measure the average completion time from
which the recommended CPE credit is determined.
(e) Authorship: An education process designed
to permit a participant to increase professional competence through research
and writing articles, books or CPE programs. For the writer to receive CPE
credit, the article, book, or CPE program must be in the subject areas
specified in Rule 13.2(a)(1) and formally accepted in writing for
publication.
13.2
BASIC REQUIREMENTS(a) An
applicant for renewal of a license must have completed acceptable continuing
education, except as otherwise provided in Section 13.2(b), in the amount of
120 hours within 36 months or 40 hours within 12 months immediately preceding
January 1 of the year for which the license is renewed, and further provided
that:
(1) All license holders shall complete
at least 60% of the required hours in the subject areas of accounting,
accounting ethics, attest, taxation, computer science (see rule 13.3 h) or
management advisory services.
(2)
License holders engaged in any attest or compilation function shall complete at
least 20% of the required hours in the subject areas of attest and accounting
theory/practice.
(3) All license
holders must complete at least 4 hours of CPE in the area of accounting
professional conduct and ethics during the 36-months immediately preceding
January 1, 2005. Beginning January 1, 2005, any 36-month reporting cycle must
contain at least 4 hours of CPE in the area of accounting professional conduct
and ethics (pro-rated if the initial license is issued after January 1, 2005,
but a minimum of 1 hour is required).
(b) The Board may make exceptions for reasons
of individual hardship including, but not limited to, health, military service,
foreign residency, or other good cause. No exception shall be made solely
because of age or retirement.
(c)
Responsibility for documenting the acceptability of the continuing education
requirement rests with the applicant, who must retain such documentation for a
period of five (5) years following the end of the year of completion of the
continuing education hours.
13.3
PROGRAMS WHICH QUALIFY
(a) A program qualifies as acceptable
continuing education if it is a formal program of learning which contributes
directly to the professional competence of an individual licensed to practice
as a public accountant. The responsibility for substantiating that a particular
program meets the requirements of this paragraph rests solely upon the
licensee.
(b) Continuing education
programs requiring attendance will qualify only if
(1) An outline of the program is prepared in
advance and preserved.
(2) The
program is at least one hour (fifty-minute period) in length, excluding meal
time and business session. Credit shall be based on contact hours. A 50-minute
period will be considered as being equal to one hour. One-half CPE credit hours
(equal to 25 minutes) are permitted after the first hour has been earned in a
given program. Hours devoted to preparation by the participant shall not be
counted as a contact hour.
(3) The
program is conducted by a qualified instructor. A qualified instructor or
discussion leader is anyone whose background, training, education or experience
makes it appropriate for her/him to lead a discussion on the subject matter of
the particular program. A lecturer or discussion leader shall be afforded CPE
credit for preparation and presentation of a program for twice the number of
CPE hours applicable for participants to the extent that the program
contributes to the professional accounting competence of the applicant. Such
credit does not pertain to the teaching of academic courses or other CPE
courses that do not meet the criteria of Rule 13.3(a). Repetition of the same
course material in the same year will not be allowable for credit as continuing
education.
(4) A record of
registration or attendance is maintained.
(5) The sponsor of the program is either
approved registered or exempt from registration pursuant to the provisions of
Rule 13.4.
(c) The
following programs are examples deemed to qualify, provided Subsection 13.3(a)
and (b) are met:
(1) Programs or seminars
sponsored by accredited higher educational institutions [see Rule 13.4(f)(2)],
government agencies, NASBA, professional organizations of Certified Public
Accountants and Public Accountants, firms of Certified Public Accountants and
Public Accountants, and industrial firms that meet the guidelines of Rule
13.3(b).
(2) Technical sessions at
meetings of recognized national and state accounting organizations and their
chapters.
(3) University or college
courses offered by accredited institutions [see Rule 13.4(f)(2)] through
classroom, correspondence, or distance learning.
Credit courses. Each semester hour credit shall equal 15 hours
towards the requirement. A quarter hour credit shall equal 10 hours.
Non-credit short courses. Credit is computed by contact
hours.
(d)
Individual study programs distance learning, independent study and self study)
for which evidence of satisfactory completion is issued by the provider
organization prior to January 1 of the year for which the licensee is being
renewed may qualify. The Board shall accept the hours of continuing education
credit recommended by the provider organization (subject to the constraints of
Rule 13.3(b)(2)). NASBA's Quality Assurance Services (QAS) hours will be
accepted if the course is QAS registered. Sponsors of such programs, excluding
those offered by providers listed in paragraphs (c1), (c2), and (c3) above,
must be registered or exempt from registration pursuant to the provisions of
Rule 13.4 (see Rule 13.3(f) below).
(e) Articles, books, or CPE programs, as
indicated in Rule 13.1(a)(5), may qualify for self-declared CPE credit if the
article, book or CPE program contributes to the professional competence of the
licensee and has been formally accepted for publication in writing prior to the
effective date of the license year (see Rule 13.3(f) below).
(f) Combined credit awarded in paragraphs
13.3(d) and 13.3(e) above shall not exceed 60 percent of the total CPE hours
required.
(g) Acceptable continuing
education will not include any education leading to completion of the
requirements to acquire a CPA certificate. Included in this category is (1) any
academic work necessary to qualify to take the CPA Examination [per Board Rule
3.3(b)] and (2) any CPA Review courses or course(s) offered for the specific
purpose of preparing to take the CPA Examination.
(h) Computer science (see Rule 13.2(a)(1)
above) does not include tutorials and/or related videos.
(i) Continuing education programs offered in
other jurisdictions that have comparable CPE rules to the Arkansas Board's
rules will be accepted. The burden of proof on comparable CPE lies with the
licensee.
(j) In the case of an
Arkansas reciprocal license, continuing education programs that have been
accepted for fulfillment of the CPE credit in the jurisdiction of the original
licenses will be accepted.
13.4
APPROVED SPONSORS
(a) The sponsor of any continuing education
program(s), which is not exempt under Rule 13.4(f), must, prior to offering
such program(s) register as follows:
(1) Those
sponsors offering programs totaling more than 16 credit hours per year, or
offering programs more than 5 times per year must register with the National
Registry of CPE Sponsors, administered by the National Association of State
Boards of Accountancy (NASBA) sponsors of such programs in self-study format
may register with NASBA's QAS as an alternative to, or in addition to,
registration with the National Registry of CPE Sponsors.
(2) Those sponsors offering programs which
total 16 credit hours or less per year and offering programs 5 times or less
per year must either register with the National Registry of CPE Sponsors
administered by NASBA or register with the Board annually using a registration
form prescribed by the Board; sponsors of such programs in self-study format
may register with NASBA's Quality Assurance Services as an alternative to, or
in addition to, registration with the National Registry of CPE
Sponsors.
(b) The
sponsor of any continuing education program registered with NASBA's National
Registry of CPE Sponsors or Quality Assurance Service shall comply with the
requirements of the Registry. Those sponsors registering with the Board as well
as those exempt under Rule 13.4(f) shall keep detailed records of the
following:
(1) The date and location of the
program presentation;
(2) The names
of each instructor or discussion leader;
(3) A list of licensees attending each
program presentation, and the license numbers of such attendees; and
(4) A written outline of the program
presentation.
(c) The
records required by subparagraph 13.4(b) shall be retained for a period of 5
years after the end of the year of each program presentation.
(d) The sponsor of any continuing education
program approved or exempt from registration pursuant to this rule must advise
attendees of such approval or exemption, together with the sponsor number,
subject code and the number of continuing education hours allowable.
(e) The Board may withdraw approval of any
continuing education program if the sponsor of such program fails to comply
with the provisions of this Rule.
(f) The following are exempt from registering
with the Board and the NASBA Registry of CPE
Sponsors:
(1)
Professional accounting and legal organizations such as the American Institute
of Certified Public Accountants, the Arkansas Society of Certified Public
Accountants, the National Society of Public Accountants, the Arkansas Society
of Public Accountants, NASBA, the Institute of Management Accountants, the
American Accounting Association, the American Bar Association, the Arkansas Bar
Association, and other similar organizations:
(2) Universities or colleges that are
accredited per Rule 3.3(a) or (b);
(3) Firms, both accounting and industrial,
offering organized in-firm education programs which meet the requirements of
Rule 13.3(a); and
(4) Governmental
entities
13.5
CPE REPORTING REQUIREMENTS(a)
Applicants for renewal of a license must submit with their annual registration
a representation that the applicant has met the CPE requirement for issuance of
a license together with a CPE statement, in a form prescribed by the Board,
showing the continuing education programs and hours completed during the twelve
months immediately preceding January 1 of the year for which the license is
being renewed. The applicant must retain all supporting documentation for the
programs and hours for five (5) years following the end of the year of
completion.
(b) The CPE statement
shall show the following:
(1) NASBA
registration number or an E, if the sponsor is exempt;
(2) Sponsoring organizations;
(3) Location of program;
(4) Title of program or description of
content;
(5) Dates attended and/or
completed and submitted;
(5) Hours
claimed; and
(6) Other information
as designated by the Board.
(c) On an annual basis, the Board will audit
the CPE statements of a selected number of licensees, and those licensees will
be required to submit support documentation acceptable to the Board as part of
the audit process.
13.6
NONCOMPLIANCE AND SANCTIONS(a)
Should a licensee report less than the required number of CPE hours, the
licensee shall complete the balance of the CPE hours for the reporting period
and provide the Board with appropriate documentation no later than January 31
of the following CPE reporting period. Delinquent CPE hours reported to the
Board under Section 13.6 shall first apply to the deficiency and any remaining
CPE hours shall be applied to the current CPE reporting period.
(b) Should a licensee fail to timely report
CPE hours in conjunction with the renewal application or fail to timely file a
report on completion of the balance of the CPE hours as provided in paragraph
(a) of this section, the Board shall serve notice of noncompliance upon the
licensee. The notice shall state the nature of the noncompliance. The licensee
shall, within thirty (30) days of the date of the notice, deliver acceptable
documentation to the Board that the licensee has successfully completed the
minimum CPE hours to correct the noncompliance.
(c) In addition to the notice of
noncompliance described above, the Board may institute a proceeding to impose
disciplinary action against a licensee who fails to comply with any provision
under Rule 13. The disciplinary action for a licensee who completes the minimum
number of CPE hours during the period provided in paragraph (a) of this section
shall be a monetary penalty unless the Board determines that other disciplinary
action is appropriate. The disciplinary action for a licensee who failed to
obtain the minimum CPE hours before the date for correction of the delinquency
under paragraph (a) of this section or who completed the minimum CPE hours
after notice of noncompliance under paragraph (b) of this section may be
suspension of the license unless the Board determines other disciplinary action
to be appropriate.
(d) A licensee
who has been suspended pursuant to this section may files a petition for
reinstatement which shall state the reasons for noncompliance, that the
licensee is presently in compliance, any other material information and that
the licensee has not performed any of the services set forth in A.C.A §
17-12-505 since
the suspension under this section. The petitioner may request a hearing and the
Board may require additional CPE hours as a condition of reinstatement. Any
reinstatement shall be subject to the provisions of Rule 13.8
13.7
INACTIVE STATUS
(a) A licensee who complies with this Rule
13.7shall be granted an exception to the continuing education requirement of
A.C.A. §
17-12-502.
(b) To qualify for this exception, the
licensee must annually pay the appropriate inactive status registration fee as
determined by the Board and complete a form prescribed by the Board.
(c) A licensee on inactive status shall not
perform any of the services set forth in A.C.A. §
17-12-505. If the
licensee performs any such services, he shall be subject to discipline by the
Board pursuant to A.C.A. §
17-12-601, et
seq. or §
17-12-105.
(d) A person on inactive status may convert
to active status as follows:
(1) Complete a
form prescribed by the Board and submit payment of the appropriate fee(s)
(initial or upgrade) for active status.
(2) Comply with CPE requirements under these
rules for the renewal period following reinstatement on a pro rata basis, such
hours to be computed at a rate of 3 1/3 hours per month from the date of
reinstatement to the end of the renewal period in which reinstatement
occurs.
(3) Comply with the
appropriate condition below:
(e) If inactive for three (3) years or more,
the licensee must develop and deliver to the Board a proposed program of CPE as
specified in Rule 13.2(a) (to include four hours of accounting professional
conduct and ethics). All work must be completed during the 36-month period
preceding the date of application.
13.8
ACTIVATION OF DELINQUENT,
SUSPENDED OR REVOKED LICENSES(a) A
person whose license is delinquent, suspended or revoked and who applies for
active status will be subject to the same CPE requirements as those who wish to
activate inactive licenses (see Rule 13.7).
Rule 14
QUALITY REVIEW PROGRAM
14.1 (a) There is hereby established a
Quality Review Program (the "Program"). The purpose of the Program is to
improve the quality of financial reporting and to assure that the public can
rely on the fairness of presentation of financial information on which
licensees issue reports. The Program emphasizes education and rehabilitation
rather than disciplinary action. Appropriate educational programs or procedures
will ordinarily be recommended or required where reporting does not comply with
appropriate professional standards. However, when a licensee is unwilling or
unable to comply with such standards, or a licensee's professional work is so
egregious as to warrant disciplinary action, such action may be taken as the
appropriate means of protecting the public interest.
(b) The Board will annually appoint a Quality
Review Committee (the "Committee") to assist in the implementation and
administration of the Program. The Committee will consist of no fewer than nine
(9) members, all of whom must be holders of currently valid licenses issued
under A.C.A.§
17-12-501. The
Committee's responsibilities will include:
(1) Developing procedures for the internal
operation of the Committee,
(2)
Developing criteria for assignment of reviewers to specific tasks taking into
account such factors as geographic location, size of firm, technical skill
requirements and such other criteria as the Board determines
appropriate,
(3) Assisting the
Board in the selection and training of reviewers of reports as described in
Subsection (c),
(4) Developing and
recommending to the Board a system for selection of reports to be
reviewed,
(5) Evaluating the
findings of the reviewers of reports and making reports and recommendations to
the Board,
(6) Compiling and
reporting to the Board statistics on the impact and effect of the Program,
and
(7) Considering such other
matters and performing such other duties regarding the Program as may be
assigned to it by the Board from time to time.
(c) Annually, one-third (1/3) of all practice
units will be selected and required to submit in connection with their license
renewal for the following calendar year one copy of each of the following kinds
of reports, if issued, by that practice unit during the previous twelve (12)
month period (July-June).
(1) Compiled
financials (with disclosures if issued),
(2) Reviewed financials,
(3) Audited financials,
(4) An audit report issued in accordance with
Government Auditing Standards and,
(5) An examination of prospective financial
information.
A practice unit is considered to be any firm registered with the
Board and any licensee not employed by or associated with a firm but who has
issued any of the reports listed above.
The selection of practice units will be accomplished in such a
manner that each practice unit will be required to submit reports for review
every three (3) years. Any practice unit selected for review which can submit a
copy of a successful Peer/Quality Review, acceptable by the Board, which has
been completed within the previous three (3) years shall be granted an
exemption from the Quality Review requirement.
(d) Any work product submitted in accordance
with Subsection (c) shall omit the name and address of the client, but the
nature of the enterprise shall be identified.
(e) The identities of the sources of
financial statements and reports received by the Board shall be preserved in
confidence. Reports submitted to the Committee pursuant to Subsection (c), and
comment of reviewers, the Committee and the Board on such reports or working
papers relating thereto, shall also be preserved in confidence except to the
extent that they are communicated by the Board to the licensee who issued the
financials.
(f) The Committee shall
annually review the reports submitted in accordance with Subsection
(c).
(g) The Committee shall
determine, with respect to each financial statement reviewed, the following:
(1) Whether the report and financials are is
in general conformity with applicable professional standards and
(2) If not, in what respects the report is
substandard or seriously deficient and
(3) Any recommendations for improvement of
the quality of the report.
(h) The Board shall review the determinations
and recommendations regarding reviews of reports by the Committee pursuant to
Subsection (g), and in any case where the Committee has determined, and the
Board concurs that a report is in general conformity with applicable
professional standards, the Board shall forward the Committee's determination
and recommendations, if any, to the person in charge of the practice unit which
submitted the work,
(i) If the
Board concurs with the Committee that a report referred to the Board by the
Committee is substandard or seriously deficient with respect to applicable
professional standards, the Board may take appropriate action such as:
(1) The Board may submit to the practice unit
a letter of comment detailing the perceived deficiencies noted and request
comments related thereto. A response from the practice unit will be subject to
follow-up review by the Board.
(2)
The Board may require any individual licensee with primary responsibility for
issuance of the report or who substantially participated in preparation of the
report and/or the related working papers to complete successfully specific
courses or types of continuing education as specified by the Board. The cost of
any of the course or courses shall be borne by such licensee.
(3) The Board may direct that review of the
working papers be conducted. The review of the working papers shall be
conducted by a person other than the person who performed the original review
of the report. The findings of any such review shall be transmitted directly to
the Board, The cost of any such review shall be borne by the practice
unit.
(4) The Board may require
that the practice unit responsible for the substandard report submit all or
specified categories of its reports to a pre-issuance review in a manner and
for a duration prescribed by the Board.
(5) If it appears that the professional
conduct reflected in the substandard report is so serious as to warrant
consideration of possible disciplinary action, the Board may initiate an
investigation pursuant to the Act and these Rules.
Rule 15
SAFE HARBOR
LANGUAGE
15.1 A.C.A. §
17-12-107(b)
provides that non-licensees are not prohibited from issuing any compilation
report prescribed by the Statements on Standards for Accounting and Review
Services (SSARS) on any services to which those standards apply, indicating
that the services were performed in accordance with standards established by
the AICPA, provided that the report discloses that the person does not hold a
license.
15.2 Non-licensees must
use the following disclaimer language in reports issued in connection with
compiled financial statements to not be in violation of the Act:
I (we) have prepared the accompanying (financial statements) of
(name of entity) as of (time period) for the (period) then ended. This
presentation is limited to preparing in the form of financial statements
information that is the representation of management (owners).
I (we) have not audited or reviewed the accompanying financial
statements and accordingly do not express an opinion or any other form of
assurance on them.
I (we) am (are) not licensed by the Arkansas State Board of
Public Accountancy.
In addition, the following language must appear on each page of
the financials that contain the non-licensee's name: "See accompanying
report".
16
EXPERIENCE REQUIRED
The experience required to be demonstrated for issuance of an
initial certificate pursuant to A.C.A. §
17-12-308
shall meet the requirements of this rule:
(a) Experience may consist of providing any
type of services or advice using accounting, attest, management advisory,
financial advisory, tax or consulting skills.
(b) The applicant shall have their experience
verified to, and on a form approved by, the Board by a licensee as defined in
the Act or from another state. Acceptable experience shall include employment
in industry, government, academia or public practice. The Board shall look at
such factors as the complexity and diversity of the work.
(c) One year of experience shall consist of
full or part-time employment that extends over a period of no less than a year
and no more than three years and includes no fewer than 2,000 hours of
performance of services described in (a) above.
APPENDIX ONE
The principal office and official address of the Board is as
follows: Arkansas State Board of Public Accountancy 101 East Capitol Avenue,
Suite 430, Little Rock, Arkansas 72201, Telephone (501)
682-1520
APPENDIX TWO
CODE OF PROFESSIONAL CONDUCT
PREAMBLE
This Code of Professional Conduct is promulgated under the
authority granted by the Public Accountancy Act of 1975, as amended, codified
as A.C.A. §
17-12-101
et.seq., (hereafter referred to as "the Act") which delegates to the Arkansas
State Board of Public Accountancy the power and duty to prescribe rules of
professional conduct for establishing and maintaining high standards of
competence and integrity in the profession of public accountancy.
The Rules of Conduct set out below rest upon the premises that
the reliance of the public in general and of the business community in
particular on sound financial reporting, and on the implication of professional
competence which inheres in the authorized use of legally restricted title
relating to the practice of public accountancy, imposes on persons engaged in
such practice certain obligations both to their clients and to the public.
These obligations, which the Rules of Conduct are intended to enforce where
necessary, include the obligation to maintain independence of thought and
action, to strive continuously to improve one's professional skills, to observe
where applicable generally accepted accounting principles and generally
accepted auditing standards, to promote confidence, to uphold the standards of
the public accountancy professional, and to maintain high standards of personal
conduct in all matters affecting one's fitness to practice public
accountancy.
Acceptance of licensure to engage in the practice of public
accountancy, or to use titles which imply a particular competence so to engage,
involves acceptance by the licensee of such obligations, and accordingly of a
duty to abide by the Rules of Conduct.
The Rules of Conduct are intended to have application to all
kinds of professional services performed in the practice of public accountancy,
including tax and management advisory services, and to apply as well to all
licensees, whether or not engaged in the practice of public accountancy except
where the wording of a Rule clearly indicates that the applicability is more
limited.
A licensee who is engaged in the practice of public accountancy
outside the United States will not be subject to discipline by the Board for
departing, with respect to such foreign practice, from any of the Rules, so
long as his or her conduct is in accordance with the standards of professional
conduct applicable to the practice of public accountancy in the country in
which he or she is practicing. However, even in such a case, if a licensee's
name is associated with financial statements in such manner as to imply that he
or she is acting as an independent Public Accountant and under circumstances
that would entitle the reader to assume that United States practices are
followed, he or she will be expected to comply with Rules 201, 202 and
203.
In the interpretation and enforcement of the Rules of Conduct,
the Board will give consideration, but not necessarily dispositive weight, to
relevant interpretations, rulings and opinions issued by the Boards of other
jurisdictions, and by appropriately authorized committees on ethics of
professional organizations.
RULES OF CONDUCT
INDEPENDENCE, INTEGRITY AND OBJECTIVITY
Rule 101
Independence.
A licensee in public practice shall be independent in the
performance of professional services as required by professional standards as
defined in Board Rule 8.2.
When a licensee or registered firm is associated with a
non-licensed office or business, the licensee or registered firm shall disclose
the licensee's or registered firm's lack of independence when performing attest
services or compilation services for a client who has paid or is expected to
pay a commission or contingent fee to such non-licensed office or
business.
Definition of "Associated With:"
For purposes of Rules 101, 406, 407 and 408, the term "associated
with" shall include (1) any written or non-written contractual relationship
between the licensee or registered firm and non-licensed office or business
whereby compensation is paid to or received from the non-licensed office or
business by the licensee or registered firm in connection with the performance
of professional services, (2) a situation where a relative (spouse, child,
parent or sibling) of the licensee owns an interest in the non-licensed office
or business, or (3) a situation where any (licensed) owner or employee of the
firm, registered firm or licensee owns an interest in the non-licensed office
or business.
Definition of "Registered Firm:"
For purposes of Rules 101, 406, 407 and 408, the term "registered
firm" shall be defined as any partnership, corporation, professional
corporation, and limited liability company of certified public accountants or
public accountants registered with the Board pursuant to A.C.A. §
17-12-401
et seq.
Rule 102
Integrity and Objectivity.
In the performance of professional service, a licensee shall
maintain objectivity and integrity, shall be free of conflicts of interest, and
shall not knowingly misrepresent facts nor subordinate his or her judgment to
others. In tax practice, however, a licensee may resolve doubt in favor of his
or her client as long as there is reasonable support for his or her
position.
Rule 103
Incompatible Occupations.
A licensee shall not concurrently engage in the practice of
public accountancy and in any other business or occupation which impairs his or
her independence or objectivity in rendering professional services.
COMPETENCE AND TECHNICAL STANDARDS
Rule 201
General Standards.
A licensee shall comply with the following standards:
(A) The licensee or licensee's firm shall
undertake only those professional services that can reasonably be expected to
be completed with professional competence.
(B) The licensee shall exercise due
professional care in the performance of professional services.
(C) The licensee shall adequately plan and
supervise the performance of professional services.
(D) The licensee obtain sufficient relevant
data to afford a reasonable basis for conclusions or recommendations in
relation to any professional services performed.
Rule 202
Compliance with
Standards.
A licensee who performs auditing, review, compilation, management
consulting, tax, or other professional services shall comply with professional
standards as defined in Board Rule 8.2.
Rule 203
Accounting Principles.
A licensee shall not (1) express an opinion or state
affirmatively that the financial statements or other financial data of any
entity are presented in conformity with generally accepted accounting
principles or (2) state that he or she is not aware of any material
modifications that should be made to such statements or data in order for them
to be in conformity with generally accepted accounting principles, if such
financial statements or data contain any departure from an accounting principle
promulgated by bodies identified in Board Rule 8 to establish such principles
that has a material effect on the financial statements or data taken as a
whole, unless the licensee can demonstrate that by reason of unusual
circumstances the financial statements or data would otherwise have been
misleading. In such a case, the licensee's report must describe the departure,
the approximate effects thereof, if practicable, and the reasons why compliance
with the principle would result in a misleading statement. For purposes of this
Rule generally accepted accounting principles are considered to be defined by
pronouncements issued by the Financial Accounting Standards Board and its
predecessor entities and similar pronouncements issued by other entities having
similar generally recognized authority.
Rule 204
Prospective Financial
Statements or Data.
A licensee shall not in the performance of professional services
permit his or her name to be used in conjunction with any prospective financial
statements or data in a manner which may reasonably lead to the belief that the
licensee vouches for the achievability of the prospective financial statements
or data.
RESPONSIBILITIES TO CLIENTS
Rule 301
Confidential Client
Information.
A licensee shall not without the consent of his or her client
disclose any confidential information pertaining to his or her client obtained
in the course of performing professional services.
This Rule does not
(A)
relieve a licensee of any obligations under Rules 202 and 203,
(B) affect in any way a licensee's obligation
to comply with a validly issued subpoena or summons enforceable by order of
court, or prohibit a licensee's compliance with applicable laws and government
regulations,
(C) prohibit review of
a licensee's professional practice under Board authorization, or
(D) preclude a licensee from initiating a
complaint with, or responding to any inquiry made by the Board or any
investigative or disciplinary body established by law or formally recognized by
the Board.
Members of the Board and professional practice reviewers shall
not use to their own advantage or disclose any confidential client information
which comes to their attention in carrying out those activities. This
prohibition shall not restrict licensee's exchange of information in connection
with the investigative or disciplinary proceedings described in
(D) above or the professional practice reviews described in (C) above.
Rule 302
Records.
A licensee shall furnish to his or her client or former client,
upon request made within a reasonable time after original issuance of the
document in question
(A) A copy of a
tax return of the client, and
(B) A
copy of any report, or other document, issued by the licensee to or for such
client, and
(C) Any accounting or
other records belonging to, or obtained on behalf of, the client which the
licensee removed from the client's premises or received for the client's
account, but the licensee may make and retain copies of such documents when
they form the basis for work done by him or her, and
(D) A copy of the licensee's working papers
on completed engagements, to the extent that such working papers include
information not reflected in the client's books and records (with the result
that the client's financial information is incomplete) and such information is
not otherwise available to the client. However, the licensee may require that
fees due the licensee with respect to such completed engagements be paid before
such information is provided.
OTHER RESPONSIBILITIES AND PRACTICES
Rule 401
Discreditable Acts.
A licensee shall not commit any act discreditable to the
profession.
Rule 402
Acting Through Others.
A licensee shall not permit others to carry out on his or her
behalf, either with or without compensations, acts which, if carried out by the
licensee, would place him in violation of the Rules of
Conduct.
Rule 403
Advertising and Other Forms of Solicitation.
A licensee shall not seek to obtain clients by advertising or
other forms of solicitation in a manner that is false, misleading, or
deceptive. Solicitation by the use of coercion, over-reaching, or harassing
conduct is prohibited.
Rule
404
Firm Names.
A licensee may practice public accounting only in a form of
organization permitted by the Act. A licensee shall not practice public
accountancy under a name which is misleading in any way, as to the legal form
of the firm, or as to the persons who are partners, managers, members, officers
or shareholders of the firm, or as to any matter with respect to which public
communications are restricted by Rule 403. However, names of one or more past
partners, members or shareholders may be included in the firm name of a
partnership, limited liability company or corporation or its successor, and a
partner or member surviving the death or withdrawal of all other partners or
members may continue to practice under a partnership or limited liability
company name for up to two (2) years after becoming a sole practitioner. A
fictitious firm name (that is, one not consisting of the names or initials of
one or more present or former partners, members or shareholders) may not be
used by a CPA firm unless such name has been registered with and approved by
the Board as not being false or misleading.
Rule 405
Practice in Un-registered
Entity.
A licensee shall not practice public accountancy in association
with a sole proprietor, partnership, corporation or other entity which is not
registered with the Board, unless the appropriate disclaimer is used as
provided in §
17-12-404
of the Act.
Rule 406
Notification by Licensees Who Are Associated With a Non-licensed Office
or Business.
A licensee or registered firm that is associated with a
non-licensed office or business which performs professional services as defined
in §
17-12-103(12)
of the Act shall notify the Board of such offices or businesses within 30 days
after the creation of the relationship. Notice must be similarly given by the
licensee or firm when the relationship terminates. No form is provided for such
notices, but they must be in writing and whether in letter form or otherwise,
they must clearly be labeled with "Notice of Association With, or Ownership of,
Non-Licensed Office or Business." A separate notice must be provided for each
such non-licensed office or business.
Information to be contained in the notices shall include:
Name of Non-licensed Office or Business
Name of Owner(s), and Percentage of Ownership of Each (if more
than one) Name of Manager of Office or Business
Address of Office or Business
Phone Number of Office or Business
Nature of Professional Services Performed
Effective Date of Relationship or Termination.
Additional information may be requested by the
Board.
Rule 407
Referral or Recommendation between a Licensee or Firm in Which a Licensee
is an Owner or Employee and a Non-licensed Office or Business Performing
Professional Services With Which the Licensee or Firm is Associated.
Any licensee or registered firm that accepts a client that
results from a recommendation or referral by a non-licensed office or business
with which the licensee or firm is associated shall disclose such association
or ownership to the client at the time the client is accepted. Similarly, a
licensee or registered firm that refers or recommends a client to a
non-licensed office or business with which the licensee or firm is associated
must disclose that relationship to the client at the time of the referral or
recommendation. No form is provided for such notices, but they must be in
writing and delivered to the client.
Rule
408
Notification to Client of Acceptance of Commissions or
Referral Fees.
A licensee or registered firm that is paid or expects to be paid
a commission or who accepts a referral fee shall disclose the existence of such
commission or referral fee to the client at the time the referral is
made.
A licensee or registered firm who pays a referral fee to obtain a
client shall disclose to the client the existence of such payment of the fee
prior to accepting the client. No form is provided for such notices, but they
must be in writing and delivered to the client.
Rule 409
Communications.
A licensee shall, when requested, respond to communications from
the Board within thirty (30) days of the mailing of such communications by
registered or certified mail.
Rule
410
Change of Address or Business Affiliation.
A licensee shall comply with Board Rule 9 regarding change of
address or business affiliation.
Rule
411
Failure to File Tax Returns.
The willful failure by the licensee to file an income tax return,
including his or her own, and the resulting conviction, plea of guilty or nolo
contendere in connection therewith, shall be considered conduct discreditable
to the public accounting profession.