Florida Regulations 61H1-26.004: Changes by Firms
Current as of: 2024 | Check for updates
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(1) A firm licensed pursuant to Fl. Admin. Code R. 61H1-26.003, shall file a written notification with the Department within thirty (30) days after the occurrence of any of the following events:
(a) The admission or addition of a non-CPA co-partner, shareholder or member in any Florida office, including whether any non-CPA co-partners, shareholders or members have convictions or findings of guilt, regardless of adjudication, of a crime in any jurisdiction; judgement or settlements or civil lawsuits; having been acted against, including denial of licensure, by any regulatory agency or by a court; and any other matters which show a lack of good moral character as defined in Section 473.308(6)(a), F.S.;
(b) The admission or addition of a CPA co-partner, shareholder or member in any Florida office, including whether any CPA co-partners, shareholders or members have convictions or findings of guilt, regardless of adjudication, of a crime in any jurisdiction; judgment or settlements of civil lawsuits (excluding domestic matters); having the right to practice acted against, including denial of licensure, by the Securities Exchange Commission (SEC), Internal Revenue Service (IRS), or any other regulatory agency or court; and any other matters which show a lack of good moral character as defined in Section 473.308(6)(a), F.S.;
(c) The retirement or death of a co-partner, shareholder or member in any Florida office;
(d) A change in the name of the partnership, corporation or limited liability company;
(e) The termination of the partnership, corporation or limited liability company.
(f) When the firm or any existing CPA or Non-CPA co-partner, shareholder or member has been the recipient of a conviction or finding of guilt, regardless of adjudication, of a crime in any jurisdiction; has been the subject of a judgment or settlements of a civil lawsuit (excluding domestic matters); has had the right to practice public accountancy acted against, including denial of licensure, imposition of a censure, fine, or corrective action, by the Securities Exchange Commission (SEC), Public Company Accounting Oversight Board (PCAOB), Internal Revenue Service (IRS), or any other regulatory agency or court; and any other matters which show a lack of good moral character as defined in Section 473.308(6)(a), F.S.
(2) In the event of the formation of a new sole proprietorship, partnership, corporation or limited liability company, or any legal entity engaged in the practice of public accounting or a change in the name of a sole proprietorship, partnership, corporation or limited liability company, or any other legal entity engaged in the practice of public accounting, such sole proprietorship, partnership, corporation or limited liability company shall, within thirty (30) days of the event, become certified for licensure by the Board in accordance with Fl. Admin. Code R. 61H1-26.003 and Florida Statutes § 473.3101, and pay the license fee required by Fl. Admin. Code R. 61H1-31.010
Rulemaking Authority 473.304, 473.3101 FS. Law Implemented Florida Statutes § 473.3101. History-New 12-4-79, Amended 2-3-81, Formerly 21A-26.04, Amended 6-4-86, Formerly 21A-26.004, Amended 11-3-97, 7-16-98, 8-17-98, 1-31-05, 8-28-06, 1-26-10, 2-6-13, 12-21-15, 1-31-18.
Terms Used In Florida Regulations 61H1-26.004
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- Oversight: Committee review of the activities of a Federal agency or program.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
(b) The admission or addition of a CPA co-partner, shareholder or member in any Florida office, including whether any CPA co-partners, shareholders or members have convictions or findings of guilt, regardless of adjudication, of a crime in any jurisdiction; judgment or settlements of civil lawsuits (excluding domestic matters); having the right to practice acted against, including denial of licensure, by the Securities Exchange Commission (SEC), Internal Revenue Service (IRS), or any other regulatory agency or court; and any other matters which show a lack of good moral character as defined in Section 473.308(6)(a), F.S.;
(c) The retirement or death of a co-partner, shareholder or member in any Florida office;
(d) A change in the name of the partnership, corporation or limited liability company;
(e) The termination of the partnership, corporation or limited liability company.
(f) When the firm or any existing CPA or Non-CPA co-partner, shareholder or member has been the recipient of a conviction or finding of guilt, regardless of adjudication, of a crime in any jurisdiction; has been the subject of a judgment or settlements of a civil lawsuit (excluding domestic matters); has had the right to practice public accountancy acted against, including denial of licensure, imposition of a censure, fine, or corrective action, by the Securities Exchange Commission (SEC), Public Company Accounting Oversight Board (PCAOB), Internal Revenue Service (IRS), or any other regulatory agency or court; and any other matters which show a lack of good moral character as defined in Section 473.308(6)(a), F.S.
(2) In the event of the formation of a new sole proprietorship, partnership, corporation or limited liability company, or any legal entity engaged in the practice of public accounting or a change in the name of a sole proprietorship, partnership, corporation or limited liability company, or any other legal entity engaged in the practice of public accounting, such sole proprietorship, partnership, corporation or limited liability company shall, within thirty (30) days of the event, become certified for licensure by the Board in accordance with Fl. Admin. Code R. 61H1-26.003 and Florida Statutes § 473.3101, and pay the license fee required by Fl. Admin. Code R. 61H1-31.010
Rulemaking Authority 473.304, 473.3101 FS. Law Implemented Florida Statutes § 473.3101. History-New 12-4-79, Amended 2-3-81, Formerly 21A-26.04, Amended 6-4-86, Formerly 21A-26.004, Amended 11-3-97, 7-16-98, 8-17-98, 1-31-05, 8-28-06, 1-26-10, 2-6-13, 12-21-15, 1-31-18.