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Kentucky General Assembly· HB 45signed by Governor (Acts Ch. 21)

An act relating to the licensure of certified public accountants., the official text

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UNOFFICIAL COPY                                                    26 RS HB 45/GA

1   AN ACT relating to the licensure of certified public accountants.

2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:

3   Section 1. KRS 325.261 is amended to read as follows:

4 The license of "certified public accountant" shall be granted by the board to any person

5 who satisfies the following requirements:

6 (1) Is no less than eighteen (18) years of age;

7 (2) Is of good moral character;

8 (3) Has completed at least one (1) of the following:

9   (a) A post-baccalaureate or higher degree conferred by a college or university

10  recognized by the board with a major or concentration in accounting or its

11  equivalent, as defined in administrative regulations promulgated by the

12  board;

13  (b) A baccalaureate degree plus an additional thirty (30) semester credit hours,

14  conferred by a college or university acceptable to the board, provided the

15  total educational program includes a concentration in accounting or its

16  equivalent, as defined in administrative regulations promulgated by the

17  board; or

18  (c) A baccalaureate degree[ or master's degree] conferred by a college or

19  university recognized by the board with a major or concentration in

20  accounting or its equivalent, as defined in administrative regulations

21  promulgated by the board;

22 (4) Passes a board-approved examination in accounting, auditing, and other related

23  subjects as the board deems appropriate. To be eligible to apply for the

24  examination, a person shall first satisfy the requirement of subsections (1), (2), and

25  [to ](3) of this section;

26 (5) [Completes one hundred fifty (150) college semester hours that include a

27  baccalaureate or masters degree conferred by a college or university recognized by

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    UNOFFICIAL COPY                                          26 RS HB 45/GA

1   the board with a major or concentration in accounting or its equivalent, as defined

2   in administrative regulations promulgated by the board;

3 (6) ]Obtains one (1) year of accounting or attest experience if applying for a license

4   based on the educational requirement under subsection (3)(a) or (b) of this

5   section, or obtains two (2) years of accounting or attest experience if applying for

6   a license based on the educational requirement under subsection (3)(c) of this

7   section. The experience required by this subsection shall be obtained:

8   (a) While employed in[ an accounting or auditing position in] public practice,

9   industry, or government and[that] shall be verified by a certified public

10  accountant who, during the time being verified, held an active license to

11  practice from any state;[. The one (1) year of experience required under this

12  subsection shall be obtained:]

13  (b)[(a)] After the completion of the education requirements established in

14  subsection (3)(c) of this section; and

15  (c)[(b)] Within five (5) years from the date the candidate successfully completed

16  the examination;

17 (6)[(7)] At the time of applying for a license is a United States citizen, a citizen of a

18  foreign country who is legally residing in the United States, or is an employee of a

19  public accounting firm, company, or an institution of postsecondary education

20  located outside the United States, but which has an office or campus located in the

21  United States; and

22 (7)[(8)] Submits a complete application for a license to practice as a certified public

23  accountant in accordance with KRS 325.330.

24  Section 2. KRS 325.282 is amended to read as follows:

25 (1) A person who does not have an office located in this state and holds a valid

26  license in good standing to practice as a certified public accountant from any

27  state [:

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1 (a) Does not have an office located in this state;

2 (b) Holds a valid and active license to practice as a certified public accountant from any

3   state that the board has determined to have licensure requirements substantially

4   equivalent to those found in this chapter and the accompanying administrative

5   regulations promulgated thereunder; and

6 (c) Offers to perform or performs a regulated activity in person or by mail, telephone,

7   or other electronic means in this state;

8   ]shall have all the practice privileges granted to the holder of a license issued under

9   this chapter without having to obtain a license from the board if at the time of

10  initial licensure, the person was required to show evidence of having met the

11  following requirements:

12  (a) Passage of a board-approved examination in accounting, auditing, and

13  other related subjects as the board deems appropriate; and

14  (b) Attainment of the education and experience requirements set forth in

15  subsections (3) and (5) of Section 1 of this Act.

16 (2) A person whose principal place of business is not in this state shall continue to

17  have all the privileges of licensees in this state without the need to obtain a

18  license from the board if, as of June 30, 2025, the person:

19  (a) Holds a valid license as a certified public accountant from any state; and

20  (b) Has practice privileges in this state under this chapter.

21 (3)[(2)] Notwithstanding any other provision of this chapter, a person who satisfies the

22  requirements of subsection (1) of this section:

23  (a) Is not required to provide notice of offering or providing such services to the

24  board; and

25  (b) Is subject to the requirements listed in subsection (4)[(3)] of this section.

26 (4)[(3)] A person who offers to perform or performs a regulated activity in person or

27  by mail, telephone, or other electronic means in this state pursuant to this section

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    UNOFFICIAL COPY                                           26 RS HB 45/GA

1   agrees to:

2   (a) Submit to the personal and subject matter jurisdiction and disciplinary

3   authority of the board;

4   (b) Comply with the provisions of this chapter and the administrative regulations

5   of the board;

6   (c) Cease exercising the privilege if the license issued by the board or agency

7   located in the state of the person's principal place of business expires or is no

8   longer valid;

9   (d) The appointment of the state board or agency where the person's principal

10  place of business is located and which issued the person's license as the agent

11  upon whom process may be served in any action or proceeding by the

12  Kentucky State Board of Accountancy against that person;

13  (e) Notify the board prior to opening any office in this state and immediately

14  apply for a license under KRS 325.280; and

15  (f) Notify the board immediately if the person's license in the state where his or

16  her principal place of business is located becomes inactive, lapses, or is

17  subjected to any disciplinary action.

18 (5)[(4)] The board may take disciplinary action against a person granted a privilege

19  under this section for an act committed by the person in another state if the act at

20  the time of its commission is a violation of that state's law or regulations and this

21  chapter or administrative regulations promulgated pursuant to this chapter.

22 (6)[(5)] A person who qualifies for the practice privilege under this section and offers

23  to perform or performs one (1) or more of the following services for a client with its

24  home office located in this state or for a person who is a resident of this state shall

25  perform the service or services through a firm which has obtained a license issued

26  under KRS 325.301:

27  (a) Any financial statement audit or other engagement to be performed in

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    UNOFFICIAL COPY                                              26 RS HB 45/GA

1   accordance with the Statements on Auditing Standards;

2   (b) Any examination of prospective financial statements to be performed in

3   accordance with the Statements on Standards for Attestation Engagements; or

4   (c) Any engagement to be performed in accordance with the Public Company

5   Accounting Oversight Board Auditing Standards.

6 (7) (a) Notwithstanding any other provision of this chapter, if the board determines

7   after evaluation that another state has granted certified public accountant

8   licenses without requiring candidates to meet minimum qualifications

9   acceptable to the board and continue to satisfy minimum continuing

10  professional educational requirements acceptable to the board, the board

11  may revoke practice privileges in this state for certified public accountants

12  licensed by that state.

13  (b) Individual certified public accountants from states for which practice

14  privileges have been revoked may continue to qualify for practice privileges

15  in Kentucky if the person would meet licensing and continuing education

16  requirements of this state.

17  Section 3. KRS 325.280 is amended to read as follows:

18 (1) The board may issue a license to practice by reciprocity, if the applicant:

19  (a) Submits an application for a license to practice any regulated activity, upon

20  forms approved by the board;

21  (b) Pays all required fees, in the amounts as determined by administrative

22  regulation promulgated by the board; and

23  (c) Meets the following requirements:

24  1. Satisfies the educational requirement in KRS 325.261(3);

25  2. Receives a grade on the Uniform CPA Examination in another state that

26  was equivalent to a passing grade at the time in this Commonwealth;

27  3. Holds a valid active license, and is in good standing as a certified public

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    UNOFFICIAL COPY                                                       26 RS HB 45/GA

1   accountant, issued under the laws of any other state; and

2   4. Meets all current experience requirements in this chapter, except for

3   KRS 325.261(5)(c)[(6)(b)], at the time application is made, or within the

4   ten (10) years immediately preceding the application, had four (4) years

5   of experience in the practice of the regulated activities acceptable to the

6   board upon which the license was based.

7 (2) The board may issue a license to practice the regulated activities without

8   examination to an applicant who holds a valid license to engage in the practice of

9   the regulated activities in good standing from a foreign country if:

10  (a) The applicant's foreign country makes similar provisions to allow a person

11  who holds a valid license to practice the regulated activities issued by this

12  Commonwealth to obtain that foreign country's comparable designation;

13  (b) The authority of the foreign country that issued the designation regulates the

14  practice of the regulated activities, including the issuance of reports;

15  (c) The foreign designation was granted upon education and examination

16  requirements which were established by the foreign authority or law and were

17  substantially equivalent to those in effect in this Commonwealth at the time

18  the foreign designation was granted;

19  (d) The applicant satisfies the applicable experience requirement contained in

20  paragraph (c) of subsection (1) of this section;

21  (e) The applicant has successfully passed a uniform qualifying examination on

22  United States national standards prepared by the National Association of State

23  Boards of Accountancy; and

24  (f) The applicant submits an application for a license to practice the regulated

25  activities, upon forms approved by the board, and pays the fees listed in

26  administrative regulations promulgated by the board.

27  Section 4. The following KRS section is repealed:

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   UNOFFICIAL COPY                                          26 RS HB 45/GA

1 325.263 Submission of proof of educational requirements on and after April 1, 2007, by

2  previously approved candidates.

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