§ 74c. Substantial equivalency

(a) An individual whose principal place of business is not in this State shall be presumed to have qualifications substantially equivalent to this State’s requirements and shall have the privileges of licensure of this State, without the need to obtain a license under section 72b of this title, if the individual:

(1) holds a valid license as a certified public accountant from a state the Board determines has licensure requirements substantially equivalent to the requirements of the AICPA/NASBA Uniform Accountancy Act; or

(2) holds a valid license as a certified public accountant from any state, and the individual obtains verification from the NASBA National Qualification Appraisal Service that the individual’s qualifications are substantially equivalent to the licensure requirements of the AICPA/NASBA Uniform Accountancy Act. An individual who passed the uniform CPA examination and holds a valid license issued by any state prior to January 1, 2012 shall be exempt from the education requirements of subdivision 5(c)(2) of the Uniform Accountancy Act for purposes of this section.

(b) An individual licensee of another state exercising the privileges afforded under this section and the firm that employs that licensee, as a condition of the exercise of this privilege, shall consent to the following:

(1) personal and subject matter jurisdiction and the disciplinary authority of the Board;

(2) compliance with this chapter and the Board’s administrative rules and any other laws governing the practice of the profession in this State under the jurisdiction of the Board;

(3) cease offering or rendering professional services in this State individually and on behalf of a firm in the event the license issued by the state of the licensee’s principal place of business is no longer valid or is otherwise conditioned or restricted;

(4) the appointment of the state board or licensing authority, which issued its license, as the agent upon whom process may be served in any action or proceeding by the Board against the licensee; and

(5) perform only those services within the scope of practice authorized by the state of the licensee’s principal place of business.

(c) An individual practicing pursuant to this section and who performs services in this State, or an individual practicing pursuant to this section and who performs services for an entity with its home office in this State, may only provide the following services through a firm registered under section 74 of this title:

(1) a financial statement audit or other engagement to be performed in accordance with the Statements on Auditing Standards;

(2) an examination of prospective financial information to be performed in accordance with the Statements on Standards for Attestation Engagements;

(3) an engagement to be performed in accordance with PCAOB Auditing Standards.

(d) An individual who qualifies for practice privileges under this section and who performs services for which a firm registration is required shall not be required to obtain a license from this State.

(e) A licensee of this State offering or rendering services or using its title in another jurisdiction shall be subject to disciplinary action in this State for acts of unprofessional conduct committed in another jurisdiction that would otherwise subject the licensee to discipline in this State. The Board has the authority to investigate complaints made by persons of another state.

(f) Notwithstanding any provision of law to the contrary, an individual who performs professional services pursuant to this section shall not be assessed a fee or be required to provide notice to the Board. (Added 2009, No. 35, § 11.)