Current through Register Vol. 39, No. 6, September 16, 2024
(b) In addition to the definitions set out in
G.S.
93-1(a), the following
definitions apply when these terms are used in this Chapter:
(1) "Active," when used to refer to the
status of a person, describes a person who possesses a North Carolina
certificate of qualification and who has not otherwise been granted inactive
status;
(2) "Agreed-upon
procedures" means a professional service whereby a CPA is engaged to issue a
report of findings based on specific procedures performed on identified subject
matter;
(3) "AICPA" means the
American Institute of Certified Public Accountants;
(4) "Applicant" means a person who has
applied to take the CPA examination or applied for a certificate of
qualification;
(5) "Attest service"
means a professional service whereby a CPA in the practice of public accounting
is engaged to issue or does issue:
(A) any
audit or engagement to be performed in accordance with the Statements on
Auditing Standards, Statements on Generally Accepted Governmental Auditing
Standards, Public Company Accounting Oversight Board Auditing Standards, and
International Standards on Auditing;
(B) any review engagement to be performed in
accordance with the Statements on Standards for Accounting and Review
Services;
(C) any compilation
engagement to be performed in accordance with the Statements on Standards for
Accounting and Review Services; or
(D) any engagement to be performed in
accordance with the Statements on Standards for Attestation
Engagements;
(6) "Audit"
means a professional service whereby a CPA is engaged to examine financial
statements, items, accounts, or elements of a financial statement prepared by
management, in order to express an opinion on whether the financial statements,
items, accounts, or elements of a financial statement are presented in
conformity with an applicable reporting framework, that enhances the degree of
confidence that intended users can place on the financial statements, items,
accounts, or elements of a financial statement;
(7) "Calendar year" means the 12 months
beginning January 1 and ending December 31;
(8) "Candidate" means a person whose
application to take the CPA examination has been accepted by the Board and who
may sit for the CPA examination;
(9) "Client" means a person or an entity who
orally or in writing agrees with a licensee to receive any professional
services performed or delivered;
(10) "Commission" means compensation, except
a referral fee, for recommending or referring any product or service to be
supplied by another person;
(11)
"Compilation" means a professional service whereby a CPA is engaged to present,
in the form of financial statements, information that is the representation of
management without undertaking to express any assurance on the
statements;
(12) "Contingent fee"
means a fee established for the performance of any service pursuant to an
arrangement in which no fee will be charged unless a specified finding or
result is attained, or in which the amount of the fee is otherwise dependent
upon the finding or result of such service;
(13) "CPA" means certified public
accountant;
(14) "CPA firm" means a
sole proprietorship, a partnership, a professional corporation, a professional
limited liability company, or a registered limited liability partnership that
uses certified public accountant(s) or CPA(s) in or with its name or offers to
or renders any attest services in the public practice of accountancy;
(15) "CPE" means continuing professional
education;
(16) "Disciplinary
action" means revocation, suspension of, or refusal to grant a certificate, or
the imposition of a reprimand, probation, constructive comment, or any other
penalty or condition;
(17) "FASB"
means the Financial Accounting Standards Board;
(18) "Firm network" means an association of
entities that includes one or more firms that cooperate for the purpose of
enhancing the firms' capabilities to provide professional services and share
one or more of the following characteristics:
(A) the use of a common brand name, including
initials, as part of the firm name;
(B) common control among the firms through
ownership, management, or other means;
(C) profits or costs, excluding costs of
operating the association; costs of developing audit methodologies, manuals,
and training courses; and other costs that are immaterial to the
firm;
(D) common business strategy
that involves ongoing collaboration amongst the firms whereby the firms are
responsible for implementing the association's strategy and are accountable for
performance pursuant to that strategy;
(E) significant part of professional
resources; or
(F) common quality
control policies and procedures that firms are required to implement and that
are monitored by the association;
(19) "GASB" means the Governmental Accounting
Standards Board;
(20) "Inactive,"
when used to refer to the status of a person, describes a person who has
requested inactive status and has been approved by the Board and who does not
use the title certified public accountant, nor does he or she allow anyone to
refer to him or her as a certified public accountant, and neither he nor she
nor anyone else refers to him or her in any representation as described in Rule
.0308(b) of this Section;
(21)
"IRS" means the Internal Revenue Service;
(22) "Jurisdiction" means any state or
territory of the United States or the District of Columbia;
(23) "License year" means the 12 months
beginning July 1 and ending June 30;
(24) "Member of a CPA firm" means any CPA who
has an equity ownership interest in a CPA firm;
(25) "NASBA" means the National Association
of State Boards of Accountancy;
(26) "NCACPA" means the North Carolina
Association of Certified Public Accountants;
(27) "North Carolina office" means any office
physically located in North Carolina;
(28) "Person" means any natural person,
corporation, partnership, professional limited liability company, registered
limited liability partnership, unincorporated association, or other
entity;
(29) "Professional" means
arising out of or related to the particular knowledge or skills associated with
CPAs;
(30) "Referral fee" means
compensation for recommending or referring any service of a CPA to any
person;
(31) "Revenue Department"
means the North Carolina Department of Revenue;
(32) "Review" means a professional service
whereby a CPA is engaged to perform procedures, limited to analytical
procedures and inquiries, to obtain a reasonable basis for expressing limited
assurance on whether any material modifications should be made to the financial
statements for them to be in conformity with generally accepted accounting
principles or other comprehensive basis of accounting;
(33) "Reviewer" means a member of a review
team including the review team captain;
(34) "Suspension" means a revocation of a
certificate for a specified period of time. A CPA may be reinstated after a
specific period of time if the CPA has met all conditions imposed by the Board
at the time of suspension;
(35)
"Trade name" means a name used to designate a business enterprise;
(36) "Work papers" mean the CPA's records of
the procedures applied, the tests performed, the information obtained, and the
conclusions reached in attest services, tax services, consulting services,
special report services, or other engagements. Work papers include programs
used to perform professional services, analyses, memoranda, letters of
confirmation and representation, checklists, copies or abstracts of company
documents, and schedules of commentaries prepared or obtained by the CPA. The
forms include handwritten, typed, printed, word processed, photocopied,
photographed, and computerized data, or in any other form of letters, words,
pictures, sounds, or symbols; and
(37) "Work product" means the end result of
the engagement for the client that may include a tax return, attest or
assurance report, consulting report, or financial plan. The forms include
handwritten, typed, printed, word processed, photocopied, photographed, and
computerized data, or in any other form of letters, words, pictures, sounds, or
symbols.