30-9-1 License required to practice
30-9-2 Definitions
30-9-3 Board of accountancy; appointment; terms, qualifications of members; removal of members; compensation of members; civil liability protection for members
30-9-4 Powers of the board
30-9-5 Rule-making authority
30-9-6 Fees; special fund; administrative fines
30-9-7 Issuance of certificate; certificates issued prior to the first day of July, two thousand one
30-9-8 Education, examination and experience certificate requirements
30-9-9 Substantial equivalency certificate requirements
30-9-10 Not substantially equivalent certificate requirements
30-9-11 Foreign designation certificate requirements
30-9-12 Certificate renewal; conditions of renewal
30-9-13 Duty to inform board of denials, suspensions, revocations, limitations
30-9-14 Holder of out-of-state certificate establishing principal place of business in state
30-9-15 Public accountants
30-9-16 Substantial equivalency practice privileges
30-9-17 Issuance and renewal of permits
30-9-18 Notification of changes in firm ownership; revocation of permit
30-9-19 Issuance and renewal of authorizations
30-9-20 Refuse to issue or renew; suspension, revocation of license; disciplinary action
30-9-21 Complaints; investigation
30-9-22 Hearing; judicial review; notification to out-of-state board of accountancy; costs of proceedings
30-9-23 Reinstatement
30-9-24 Licensees’ working papers; clients’ records
30-9-25 Commissions, referral fees and contingent fees
30-9-26 Unlawful acts
30-9-27 Injunctions against unlawful acts
30-9-28 Criminal proceedings; penalties
30-9-29 Single act evidence of practice
30-9-30 Accounting corporations
30-9-31 Inapplicability of article
30-9-33 Mandatory training in federal antitrust law and state action immunity
30-9-34 Indemnification

Terms Used In West Virginia Code > Chapter 30 > Article 9

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Assurance: means any act or action, whether written or oral, expressing an opinion or conclusion about the reliability of a financial statement or about its conformity with any financial accounting standards. See West Virginia Code 30-9-2
  • Attest services: means providing the following services:

    (A)  . See West Virginia Code 30-9-2

  • Audit: means expressing an opinion about the fairness of presentation of financial statements in accordance with the statements on Auditing Standards. See West Virginia Code 30-9-2
  • Authorization: means an authorization issued pursuant to this article that entitles a permit holder or an individual practitioner to perform attest or compilation services. See West Virginia Code 30-9-2
  • Board: means the West Virginia Board of Accountancy. See West Virginia Code 30-9-2
  • business entity: includes a firm. See West Virginia Code 30-9-2
  • Certificate: means a certificate as a certified public accountant issued or renewed by the board pursuant to this article or corresponding provisions of prior law. See West Virginia Code 30-9-2
  • Client: means a person or entity that agrees with a licensee or licensee&rsquo. See West Virginia Code 30-9-2
  • Commission: means compensation, except a referral fee, for recommending or referring any product or service to be supplied by another person. See West Virginia Code 30-9-2
  • Compilation services: means providing a service performed in accordance with the statements on Standards for Accounting and Review Services that presents, in the form of a financial statement, information that is the representation of management without an expression of assurance on the statement: Provided, That this definition does not apply to the use of the term "compilation" in section thirty-one of this article. See West Virginia Code 30-9-2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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 the service. See West Virginia Code 30-9-2
  • 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.
  • CPA: means the holder of a certificate. See West Virginia Code 30-9-2
  • Dependent: A person dependent for support upon another.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Examination: when used with reference to prospective financial statements, means expressing an opinion about the fairness of presentation of financial information in accordance with the statements on Standards for Attestation Engagements. See West Virginia Code 30-9-2
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Financial statement: means a writing or other presentation, including accompanying notes, which presents, in whole or in part, historical or prospective financial position, results of operations or changes in financial position of any person, corporation, partnership or other entity. See West Virginia Code 30-9-2
  • Firm: means any business entity, including, but not limited to, accounting corporations and professional limited liability companies, in which two or more certified public accountants or public accountants hold an ownership or membership interest, in terms of the financial interests and voting rights of all partners, officers, shareholders, members or managers, and the primary business activity of which is the provision of professional services to the public by certified public accountants or public accountants. See West Virginia Code 30-9-2
  • Firm ownership requirements: means , with respect to:

    (A) Any professional limited liability company organized pursuant to article thirteen, chapter thirty-one-b of this code, consisting of one or more licensed certified public accountants or licensed public accountants. See West Virginia Code 30-9-2

  • Foreign: means any country other than the United States. See West Virginia Code 30-9-2
  • Fraud: Intentional deception resulting in injury to another.
  • Good moral character: means lack of a history of dishonesty or felonious activity. See West Virginia Code 30-9-2
  • Home office: means the client&rsquo. See West Virginia Code 30-9-2
  • in writing: include any representation of words, letters or figures, whether by printing, engraving, writing or otherwise. See West Virginia Code 2-2-10
  • Individual practitioner: means a certified public accountant or a public accountant who offers professional services to the public but who does not practice in a firm. See West Virginia Code 30-9-2
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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.
  • License: means a certificate, permit, registration or authorization. See West Virginia Code 30-9-2
  • Licensee: means the holder of a license. See West Virginia Code 30-9-2
  • Manager: means a manager of a professional limited liability company. See West Virginia Code 30-9-2
  • Member: means a member of a professional limited liability company. See West Virginia Code 30-9-2
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Out-of-state certificate: means a valid certificate as a certified public accountant or equivalent designation issued or renewed under the laws of another state: Provided, That "out-of-state certificate" does not include any certificate as a certified public accountant or equivalent designation that was issued or renewed solely by virtue of a holder&rsquo. See West Virginia Code 30-9-2
  • Out-of-state permit: means a valid permit as a firm of certified public accountants or another designation equivalent to a permit issued or renewed by the board and that is issued or renewed under the laws of another state. See West Virginia Code 30-9-2
  • 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.
  • Peer Review: means a study, appraisal or review of one or more aspects of the professional work of a licensee by a person who holds a certificate or an out-of-state certificate and who is not affiliated with the licensee being reviewed. See West Virginia Code 30-9-2
  • Permit: means a permit issued to a firm pursuant to this article. See West Virginia Code 30-9-2
  • personal representative: include the executor of a will, the administrator of the estate of a deceased person, the administrator of such estate with the will annexed, the administrator de bonis non of such estate, whether there be a will or not, the sheriff or other officer lawfully charged with the administration of the estate of a deceased person, and every other curator or committee of a decedent&rsquo. See West Virginia Code 2-2-10
  • Principal place of business: means the licensee&rsquo. See West Virginia Code 30-9-2
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Professional services: means those services that involve the specialized knowledge and skills of a certified public accountant or a public accountant delivered by any means, including but not limited to, in person, by mail, telephone or by electronic means. See West Virginia Code 30-9-2
  • Public accountant: means a person holding a registration who is not a certified public accountant. See West Virginia Code 30-9-2
  • Referral fee: means compensation for recommending or referring any service of a licensee to any person. See West Virginia Code 30-9-2
  • Registration: means a registration as a public accountant issued by the board pursuant to prior law governing the registration of public accountants and renewed by the board pursuant to this article. See West Virginia Code 30-9-2
  • Report: when used with reference to financial statements, means an opinion or disclaimer of opinion or other form of language or representation which states or implies any form of assurance or denial of assurance. See West Virginia Code 30-9-2
  • Rule: means any rule proposed for legislative approval by the board pursuant to this article. See West Virginia Code 30-9-2
  • State: means any state of the United States, the District of Columbia, Puerto Rico, the U. See West Virginia Code 30-9-2
  • Statute: A law passed by a legislature.
  • Substantial equivalency practitioner: means any individual whose principal place of business is not in this state, who holds a certificate from another state and has complied with the provisions of section sixteen of this article. See West Virginia Code 30-9-2
  • substantially equivalent: means or refers to a determination by the board or its designee that the education, examination and experience requirements contained in the statutes or rules of another state are comparable to or exceed the education, examination and experience requirements contained in the Uniform Accountancy Act, or that an individual certified public accountant&rsquo. See West Virginia Code 30-9-2
  • Uniform Accountancy Act: means the Uniform Accountancy Act, fifth edition, revised (July 2007), jointly published by the American Institute of Certified Public Accountants and the National Association of State Boards of Accountancy. See West Virginia Code 30-9-2