Kansas Statutes 1-322. Practice privilege; requirements; conditions; disciplinary actions
Terms Used In Kansas Statutes 1-322
- Active license: means a certificate or a permit to practice issued by another state that is currently in force and authorizes the holder to practice certified public accountancy. See Kansas Statutes 1-321
- Attest: means providing the following services:
(1) Any audit or other engagement to be performed in accordance with the statements on auditing standards (SAS);
(2) any audit to be performed in accordance with the Kansas municipal audit guide;
(3) any review of a financial statement to be performed in accordance with the statements on standards for accounting and review services (SSARS);
(4) any engagement, except a compilation, to be performed in accordance with the statements on standards for attestation engagements (SSAE); and
(5) any engagement to be performed in accordance with the standards of the PCAOB. See Kansas Statutes 1-321
- Board: means the Kansas board of accountancy established under Kan. See Kansas Statutes 1-321
- Certificate: means a certificate as a certified public accountant issued under Kan. See Kansas Statutes 1-321
- Client: means a person or entity that agrees with a permit holder or firm to receive any professional service. See Kansas Statutes 1-321
- Compilation: means providing a service to be performed in accordance with the statements on standards for accounting and review services (SSARS) or the statements on standards for attestation engagements (SSAE) the objective of which is to present in the form of financial statements, information that is the representation of management or owners, or both, without undertaking to express any assurance on the statements. See Kansas Statutes 1-321
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Firm: means :
(1) An individual who operates as a sole practitioner and who issues reports subject to peer review; or
(2) any business organization including, but not limited to, a general partnership, limited liability partnership, general corporation, professional corporation or limited liability company. See Kansas Statutes 1-321
- 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.
- Licensee: means the holder of a certificate or a permit to practice issued by this state or another state. See Kansas Statutes 1-321
- PCAOB: means the public company accounting oversight board created by the Sarbanes-Oxley act of 2002. See Kansas Statutes 1-321
- Principal place of business: means the office location designated by the licensee for purposes of substantial equivalency and reciprocity. See Kansas Statutes 1-321
- Professional: means arising out of or related to the specialized knowledge or skills associated with CPAs. See Kansas Statutes 1-321
- State: means any state of the United States, the District of Columbia, Puerto Rico, the U. See Kansas Statutes 1-321
- Substantial equivalency: is a determination by the board of accountancy or its designee that the education, examination and experience requirements contained in the statutes and administrative rules of another jurisdiction are comparable to, or exceed the education, examination and experience requirements contained in the uniform accountancy act or that an individual CPA's education, examination and experience qualifications are comparable to or exceed the education, examination and experience requirements contained in the uniform accountancy act. See Kansas Statutes 1-321
- this state: means the state of Kansas. See Kansas Statutes 1-321
- Uniform accountancy act: means model legislation issued by the AICPA and NASBA in existence on July 1, 2007. See Kansas Statutes 1-321
(a) (1) An individual whose principal place of business is not in this state having an active license to practice certified public accountancy from any state which the board or its designee has verified to be in substantial equivalence with the CPA licensure requirements of the uniform accountancy act shall be presumed to have qualifications substantially equivalent to this state‘s requirements and may be granted all the privileges of permit holders of this state without the need to obtain a permit issued under Kan. Stat. Ann. § 1-310, and amendments thereto; or
(2) an individual whose principal place of business is not in this state having an active license to practice certified public accountancy from any state which the board or its designee has not verified to be in substantial equivalency with the CPA licensure requirements of the uniform accountancy act shall be presumed to have qualifications substantially equivalent to this state’s requirements and may be granted all the privileges of permit holders of this state without the need to obtain a permit to practice issued under Kan. Stat. Ann. § 1-310, and amendments thereto, if such individuals’ certified public accountancy qualifications are substantially equivalent to the following requirements:
(A) Have at least 150 semester hours of college education, including a baccalaureate or higher academic degree, with a concentration in accounting as defined by the home licensing jurisdiction, from a college or university;
(B) obtains credit for passing each of the four test sections of the uniform certified public accountant examination; and
(C) possess at least one year of experience including service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax or consulting skills, all of which were verified by a certified public accountant holding an active license to practice.
Any individual who has passed the uniform certified public accountant examination and holds a valid license to practice certified public accountancy issued by another state prior to January 1, 2012, may be exempt from the education requirement in subsection (a)(2)(A) for the purposes of this section.
(b) Any licensee of another state exercising the privilege afforded under subsection (a) and the firm which employs that licensee hereby simultaneously consent, as a condition of the grant of this privilege:
(1) To the personal and subject matter jurisdiction of this board;
(2) to the appointment of the state regulatory body which issued their licenses as the agent upon whom process may be served in any action or proceeding by the Kansas board against the licensee;
(3) to cease offering or rendering professional services in this state individually and on behalf of the firm in the event that the license from the state of the individual’s principal place of business is no longer valid; and
(4) to comply with this act and the board’s rules and regulations.
(c) An individual who has been granted practice privileges under this section who, for any client in this state, performs any of the following services: (1) Any audit or other engagement to be performed in accordance with the statements on auditing standards (SAS); (2) any audit to be performed in accordance with the Kansas municipal audit guide; (3) any review of a financial statement to be performed in accordance with the statements on standards for accounting and review services (SSARS); (4) any engagement, except a compilation, to be performed in accordance with the statements on standards for attestation engagements (SSAE); and (5) any engagement to be performed in accordance with the standards of the PCAOB; may only do so through a firm which has registered pursuant to Kan. Stat. Ann. § 1-308, and amendments thereto.
(d) Any individual prohibited from practicing certified public accountancy in this state, as a result of having a permit, certificate or practice privilege revoked or suspended by the board, shall not be granted practice privileges under this section without first obtaining the approval of the board.
(e) A holder of a permit to practice issued by this state offering or rendering services or using a CPA title in another state may be subject to disciplinary action in this state for an act committed in another state for which the permit holder would be subject to discipline for an act committed in the other state. The board shall investigate any complaint made by the board of accountancy of another state.