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Section: 326.0256 Definitions. Rsmo 326.256


Published: 2015

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Missouri Revised Statutes













Chapter 326

Accountants

←326.253

Section 326.256.1

326.259→

August 28, 2015

Definitions.

326.256. 1. As used in this chapter, the following terms mean:



(1) "AICPA", the American Institute of Certified Public Accountants;



(2) "Attest" or "attest services", providing the following financial

statement services:



(a) Any audit or other engagement to be performed in accordance with the

Statements on Auditing Standards (SAS);



(b) Any examination of prospective financial information to be performed

in accordance with the Statements on Standards for Attestation Engagements

(SSAE); or



(c) Any engagement to be performed in accordance with the auditing

standards and rules of the Public Company Accounting Oversight Board (PCAOB);



(3) "Board", the Missouri state board of accountancy established under

section 326.259 or its predecessor pursuant to prior law;



(4) "Certificate", a certificate issued under section 326.060* prior to

August 28, 2001;



(5) "Certified public accountant" or "CPA", the holder of a certificate

or license as defined in this section;



(6) "Certified public accountant firm", "CPA firm" or "firm", a sole

proprietorship, a corporation, a partnership or any other form of organization

issued a permit under section 326.289;



(7) "Client", a person or entity that agrees with a licensee or

licensee's employer to receive any professional service;



(8) "Compilation", providing a service to be performed in accordance

with Statements on Standards for Accounting and Review Services (SSARS) that

is presented in the form of financial statements information that is the

representation of management (owners) without undertaking to express any

assurance on the statements;



(9) "Home office", the location specified by the client as the address

to which attest, compilation, or review services are directed;



(10) "License", a license issued under section 326.280, or privilege to

practice under section 326.283; or, in each case, an individual license or

permit issued pursuant to corresponding provisions of prior law;



(11) "Licensee", the holder of a license as defined in this section;



(12) "Manager", a manager of a limited liability company;



(13) "Member", a member of a limited liability company;



(14) "NASBA", the National Association of State Boards of Accountancy;



(15) "Peer review", a study, appraisal or review of one or more aspects

of the professional work of a licensee or certified public accountant firm

that performs attest, review or compilation services, by licensees who are not

affiliated either personally or through their certified public accountant

firm being reviewed pursuant to the Standards for Performing and Reporting on

Peer Reviews promulgated by the AICPA or such other standard adopted by

regulation of the board which meets or exceeds the AICPA standards;



(16) "Permit", a permit to practice as a certified public accountant firm

issued under section 326.289 or corresponding provisions of prior law or

pursuant to corresponding provisions of the laws of other states;



(17) "Professional", arising out of or related to the specialized

knowledge or skills associated with certified public accountants;



(18) "Public accounting":



(a) Performing or offering to perform for an enterprise, client or

potential client one or more services involving the use of accounting or

auditing skills, or one or more management advisory or consulting services,

or the preparation of tax returns or the furnishing of advice on tax matters

by a person, firm, limited liability company or professional corporation using

the title "C.P.A." or "P.A." in signs, advertising, directory listing,

business cards, letterheads or other public representations;



(b) Signing or affixing a name, with any wording indicating the person

or entity has expert knowledge in accounting or auditing to any opinion or

certificate attesting to the reliability of any representation or estimate in

regard to any person or organization embracing financial information or facts

respecting compliance with conditions established by law or contract,

including but not limited to statutes, ordinances, rules, grants, loans and

appropriations; or



(c) Offering to the public or to prospective clients to perform, or

actually performing on behalf of clients, professional services that involve

or require an audit or examination of financial records leading to the

expression of a written attestation or opinion concerning these records;



(19) "Report", when used with reference to financial statements, means an

opinion, report or other form of language that states or implies assurance as

to the reliability of any financial statements, and that also includes or is

accompanied by any statement or implication that the person or firm issuing

it has special knowledge or competence in accounting or auditing. Such a

statement or implication of special knowledge or competence may arise from use

by the issuer of the report of names or titles indicating that the person or

firm is an accountant or auditor, or from the language of the report itself.

The term report includes any form of language which disclaims an opinion when

such form of language is conventionally understood to imply any positive

assurance as to the reliability of the financial statements referred to or

special competence on the part of the person or firm issuing such language,

or both, and includes any other form of language that is conventionally

understood to imply such assurance or such special knowledge or competence, or

both;



(20) "Review", providing a service to be performed in accordance with

Statements on Standards for Accounting and Review Services (SSARS) that is

performing inquiry and analytical procedures that provide the accountant with

a reasonable basis for expressing limited assurance that there are no

material modifications that should be made to the statements for them to be

in conformity with generally accepted accounting principles or, if

applicable, with another comprehensive basis of accounting;



(21) "State", any state of the United States, the District of Columbia,

Puerto Rico, the U.S. Virgin Islands and Guam; except that "this state" means

the state of Missouri;



(22) "Substantial equivalency" or "substantially equivalent", 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 this chapter

or that an individual certified public accountant's education, examination and

experience qualifications are comparable to or exceed the education,

examination and experience requirements contained in this chapter;



(23) "Transmittal", any transmission of information in any form,

including but not limited to any and all documents, records, minutes,

computer files, disks or information.



2. The statements on standards specified in this section shall be adopted

by reference by the board pursuant to rulemaking and shall be those developed

for general application by the AICPA or other recognized national accountancy

organization as prescribed by board rule.



(L. 2001 H.B. 567, A.L. 2002 H.B. 1600, A.L. 2008 S.B. 788)



*Section 326.060 was repealed by H.B. 567, 2001.





2002

2001



2002



326.256. 1. As used in this chapter, the following terms mean:



(1) "AICPA", the American Institute of Certified Public Accountants;



(2) "Attest", providing the following financial statement services:



(a) Any audit or other engagement to be performed in accordance with

the Statements on Auditing Standards (SAS);



(b) Any examination of prospective financial information to be

performed in accordance with the Statements on Standards for Attestation

Engagements (SSAE);



(3) "Board", the Missouri state board of accountancy established

pursuant to section 326.259 or its predecessor pursuant to prior law;



(4) "Certificate", a certificate issued pursuant to section 326.060

prior to August 28, 2001;



(5) "Certified public accountant" or "CPA", the holder of a

certificate or license as defined in this section;



(6) "Certified public accountant firm", "CPA firm" or "firm", a sole

proprietorship, a corporation, a partnership or any other form of

organization issued a permit pursuant to section 326.289;



(7) "Client", a person or entity that agrees with a licensee or

licensee's employer to receive any professional service;



(8) "Compilation", providing a service to be performed in accordance

with Statements on Standards for Accounting and Review Services (SSARS)

that is presented in the form of financial statements information that is

the representation of management (owners) without undertaking to express

any assurance on the statements;



(9) "License", a license issued pursuant to section 326.280, or a

provisional license issued pursuant to section 326.283; or, in each case,

an individual license or permit issued pursuant to corresponding provisions

of prior law;



(10) "Licensee", the holder of a license as defined in this section;



(11) "Manager", a manager of a limited liability company;



(12) "Member", a member of a limited liability company;



(13) "NASBA", the National Association of State Boards of

Accountancy;



(14) "Peer review", a study, appraisal or review of one or more

aspects of the professional work of a licensee or certified public

accountant firm that performs attest, review or compilation services, by

licensees who are not affiliated either personally or through their

certified public accountant firm being reviewed pursuant to the Standards

for Performing and Reporting on Peer Reviews promulgated by the AICPA or

such other standard adopted by regulation of the board which meets or

exceeds the AICPA standards;



(15) "Permit", a permit to practice as a certified public accountant

firm issued pursuant to section 326.289 or corresponding provisions of

prior law or pursuant to corresponding provisions of the laws of other

states;



(16) "Professional", arising out of or related to the specialized

knowledge or skills associated with certified public accountants;



(17) "Public accounting":



(a) Performing or offering to perform for an enterprise, client or

potential client one or more services involving the use of accounting or

auditing skills, or one or more management advisory or consulting services,

or the preparation of tax returns or the furnishing of advice on tax

matters by a person, firm, limited liability company or professional

corporation using the title "C.P.A." or "P.A." in signs, advertising,

directory listing, business cards, letterheads or other public

representations;



(b) Signing or affixing a name, with any wording indicating the

person or entity has expert knowledge in accounting or auditing to any

opinion or certificate attesting to the reliability of any representation

or estimate in regard to any person or organization embracing financial

information or facts respecting compliance with conditions established by

law or contract, including but not limited to statutes, ordinances, rules,

grants, loans and appropriations; or



(c) Offering to the public or to prospective clients to perform, or

actually performing on behalf of clients, professional services that

involve or require an audit or examination of financial records leading to

the expression of a written attestation or opinion concerning these

records;



(18) "Report", when used with reference to financial statements,

means an opinion, report or other form of language that states or implies

assurance as to the reliability of any financial statements, and that also

includes or is accompanied by any statement or implication that the person

or firm issuing it has special knowledge or competence in accounting or

auditing. Such a statement or implication of special knowledge or

competence may arise from use by the issuer of the report of names or

titles indicating that the person or firm is an accountant or auditor, or

from the language of the report itself. The term report includes any form

of language which disclaims an opinion when such form of language is

conventionally understood to imply any positive assurance as to the

reliability of the financial statements referred to or special competence

on the part of the person or firm issuing such language, or both, and

includes any other form of language that is conventionally understood to

imply such assurance or such special knowledge or competence, or both;



(19) "Review", providing a service to be performed in accordance with

Statements on Standards for Accounting and Review Services (SSARS) that is

performing inquiry and analytical procedures that provide the accountant

with a reasonable basis for expressing limited assurance that there are no

material modifications that should be made to the statements for them to be

in conformity with generally accepted accounting principles or, if

applicable, with another comprehensive basis of accounting;



(20) "State", any state of the United States, the District of

Columbia, Puerto Rico, the U.S. Virgin Islands and Guam; except that "this

state" means the state of Missouri;



(21) "Substantial equivalency", 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 this chapter or that an individual

certified public accountant's education, examination and experience

qualifications are comparable to or exceed the education, examination and

experience requirements contained in this chapter;



(22) "Transmittal", any transmission of information in any form,

including but not limited to any and all documents, records, minutes,

computer files, disks or information.



2. The statements on standards specified in this section shall be

adopted by reference by the board pursuant to rulemaking and shall be those

developed for general application by the AICPA or other recognized national

accountancy organization as prescribed by board rule.



2001



326.256. 1. As used in this chapter, the following terms mean:



(1) "AICPA", the American Institute of Certified Public Accountants;



(2) "Attest", providing the following financial statement services:



(a) Any audit or other engagement to be performed in accordance with the

Statements on Auditing Standards (SAS);



(b) Any examination of prospective financial information to be performed

in accordance with the Statements on Standards for Attestation Engagements

(SSAE);



(3) "Board", the Missouri state board of accountancy established

pursuant to section 326.259 or its predecessor pursuant to prior law;



(4) "Certificate", a certificate issued pursuant to section 326.060

prior to August 28, 2001;



(5) "Certified public accountant" or "CPA", the holder of a certificate

or license as defined in this section;



(6) "Certified public accountant firm", "CPA firm" or "firm", a sole

proprietorship, a corporation, a partnership or any other form of organization

issued a permit pursuant to section 326.289;



(7) "Client", a person or entity that agrees with a licensee or

licensee's employer to receive any professional service;



(8) "Compilation", providing a service to be performed in accordance

with Statements on Standards for Accounting and Review Services (SSARS) that

is presented in the form of financial statements information that is the

representation of management (owners) without undertaking to express any

assurance on the statements;



(9) "License", a license issued pursuant to section 326.280, or a

provisional license issued pursuant to section 326.283; or, in each case, an

individual license or permit issued pursuant to corresponding provisions of

prior law;



(10) "Licensee", the holder of a license as defined in this section;



(11) "Manager", a manager of a limited liability company;



(12) "Member", a member of a limited liability company;



(13) "NASBA", the National Association of State Boards of Accountancy;



(14) "Peer review", a study, appraisal or review of one or more aspects

of the professional work of a licensee or certified public accountant firm

that performs attest, review or compilation services, by licensees who are not

affiliated either personally or through their certified public accountant firm

being reviewed pursuant to the Standards for Performing and Reporting on Peer

Reviews promulgated by the AICPA or such other standard adopted by regulation

of the board which meets or exceeds the AICPA standards;



(15) "Permit", a permit to practice as a certified public accountant

firm issued pursuant to section 326.289 or corresponding provisions of prior

law or pursuant to corresponding provisions of the laws of other states;



(16) "Professional", arising out of or related to the specialized

knowledge or skills associated with certified public accountants;



(17) "Public accountancy":



(a) Performing or offering to perform for an enterprise, client or

potential client one or more services involving the use of accounting or

auditing skills, or one or more management advisory or consulting services, or

the preparation of tax returns or the furnishing of advice on tax matters by a

person, firm, limited liability company or professional corporation using the

title "C.P.A." or "P.A." in signs, advertising, directory listing, business

cards, letterheads or other public representations;



(b) Signing or affixing a name, with any wording indicating the person

or entity has expert knowledge in accounting or auditing to any opinion or

certificate attesting to the reliability of any representation or estimate in

regard to any person or organization embracing financial information or facts

respecting compliance with conditions established by law or contract,

including but not limited to statutes, ordinances, rules, grants, loans and

appropriations; or



(c) Offering to the public or to prospective clients to perform, or

actually performing on behalf of clients, professional services that involve

or require an audit or examination of financial records leading to the

expression of a written attestation or opinion concerning these records;



(18) "Report", when used with reference to financial statements, means

an opinion, report or other form of language that states or implies assurance

as to the reliability of any financial statements, and that also includes or

is accompanied by any statement or implication that the person or firm issuing

it has special knowledge or competence in accounting or auditing. Such a

statement or implication of special knowledge or competence may arise from use

by the issuer of the report of names or titles indicating that the person or

firm is an accountant or auditor, or from the language of the report itself.

The term report includes any form of language which disclaims an opinion when

such form of language is conventionally understood to imply any positive

assurance as to the reliability of the financial statements referred to or

special competence on the part of the person or firm issuing such language, or

both, and includes any other form of language that is conventionally

understood to imply such assurance or such special knowledge or competence, or

both;



(19) "Review", providing a service to be performed in accordance with

Statements on Standards for Accounting and Review Services (SSARS) that is

performing inquiry and analytical procedures that provide the accountant with

a reasonable basis for expressing limited assurance that there are no material

modifications that should be made to the statements for them to be in

conformity with generally accepted accounting principles or, if applicable,

with another comprehensive basis of accounting;



(20) "State", any state of the United States, the District of Columbia,

Puerto Rico, the U.S. Virgin Islands and Guam; except that "this state" means

the state of Missouri;



(21) "Substantial equivalency", 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 this chapter or that an individual

certified public accountant's education, examination and experience

qualifications are comparable to or exceed the education, examination and

experience requirements contained in this chapter;



(22) "Transmittal", any transmission of information in any form,

including but not limited to any and all documents, records, minutes, computer

files, disks or information.



2. The statements on standards specified in this section shall be

adopted by reference by the board pursuant to rulemaking and shall be those

developed for general application by the AICPA or other recognized national

accountancy organization as prescribed by board rule.



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