New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter B - Regulation of Professions
Part 70 - Public Accountancy
Section 70.7 - Practice by certain out-of-state individuals and firms

(1) A firm that holds a valid license, registration, or permit in another state shall register with the department if the firm offers to engage or engages in the practice of public accountancy pursuant to subdivision 1 or 2 of section 7401 of the Education Law.

(2) A firm that holds a valid license, registration, or permit in another state that is not required to register with the department pursuant to paragraph (1) of this subdivision, including those out-of-state firms that use the title "certified public accountant" or "certified public accountants" or the designation "CPA" or "CPAs" but do not have an office in New York, may practice in this State without a firm registration with the department, if the firm's practice is limited to the practice of public accountancy pursuant to subdivision 3 of section 7401 of the Education Law.

(3) A firm may register and perform services pursuant to this subdivision only if:

(1) An individual who holds a certificate or license as a certified public accountant issued by another state, who is in good standing in the state where certified or licensed, and whose principal place of business is not in this State may practice public accountancy in this State without obtaining a license pursuant to section 7404 of the Education Law, if:

(2) Except as otherwise provided in paragraph (6) or (7) of this subdivision, an individual who meets the requirements of paragraph (1) of this subdivision and who offers or renders professional services in person or by mail, telephone, or electronic means may practice public accountancy in this State without notice to the department. An individual who wishes to practice public accountancy in this State, but does not meet the requirements of paragraph (1) of this subdivision is subject to the full licensing and registration requirements of the Education Law and of this Title.

(3) An individual licensee or individual practicing under this subdivision who signs or authorizes someone to sign the accountant's report on the financial statement on behalf of a firm shall meet the competency requirements set out in the professional standards for such services and as set out in section 29.10(a)(13) of this Title.

(4) An individual practicing under this section shall practice through a firm that is registered with the department pursuant to section 7408 of the Education Law if the individual performs any attest or compilation service as defined in section 7401-a of the Education Law.

(5) Each certified public accountant who practices in this State pursuant to this section and each firm that employs such certified public accountant to provide services in New York consent to all of the following as a condition of the exercise of such practice privilege:

(6) In the event the license from the state of the certified public accountant's principal place of business is no longer valid or in good standing, or that the certified public accountant has had any final disciplinary action taken by the licensing or disciplinary authority of any other state concerning the practice of public accountancy that has resulted in any of the dispositions specified in subparagraph (i) or (ii) of this paragraph, the certified public accountant shall so notify the department, on a form prescribed by the department, and shall immediately cease offering to perform or performing such services in this State individually and on behalf of his or her firm, until he or she has received from the department written permission to do so:

(7) Any certified public accountant who, within the seven years immediately preceding the date on which he or she wishes to practice in New York, has been subject to any of the actions specified in subparagraph (i), (ii), (iii), or (iv) of this paragraph shall so notify the department, on a form prescribed by the department, and shall not practice public accountancy in this State pursuant to Education Law section 7406(2) and this section, until he or she has received from the department written permission to do so. In determining whether the certified public accountant shall be allowed to practice in this State, the department shall follow the procedure to determine whether an applicant for licensure is of good moral character. Anyone failing to provide the notice required by this paragraph shall be subject to the personal and subject matter jurisdiction and disciplinary authority of the Board of Regents as if the practice privilege is a license, and an individual with a practice privilege is a licensee, and may be deemed to be practicing in violation of Education Law section 6512:

(8) Notwithstanding paragraph (1) of this subdivision or any other inconsistent law or rule to the contrary, a certified public accountant licensed by another state and in good standing, who otherwise meets the practice privilege requirements under this section and files an application for licensure under Education Law section 7404, may continue to practice under such privilege for a period coterminous with the period during which his or her application for licensure remains pending with the department, including any period after the certified public accountant establishes a principal place of business in New York, while his or her application is pending.