[Rev. 11/21/2013 12:43:42
PM--2013]
CHAPTER 628 - ACCOUNTANTS
GENERAL PROVISIONS
NRS 628.002 Purpose.
NRS 628.003 Definitions.
NRS 628.005 “Attest,”
“attesting” and “attestation” defined.
NRS 628.009 “Board”
defined.
NRS 628.013 “Certificate”
defined.
NRS 628.014 “Compilation”
defined.
NRS 628.017 “Home
office” defined.
NRS 628.019 “Live
permit” defined.
NRS 628.023 “Practice
of public accounting” defined.
NRS 628.029 “Registered
public accountant” defined.
NRS 628.033 “State”
defined.
NRS 628.0345 Payment
of child support: Submission of certain information by applicant; grounds for
denial of certificate, registration, license or permit; duty of Board.
[Effective until the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
NRS 628.0345 Payment
of child support: Submission of certain information by applicant; grounds for
denial of certificate, registration, license or permit; duty of Board.
[Effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings and expires by limitation 2 years after
that date.]
NEVADA STATE BOARD OF ACCOUNTANCY
NRS 628.035 Creation;
number and appointment of members.
NRS 628.045 Qualifications
of members.
NRS 628.055 Reappointment
of members.
NRS 628.075 Nomination
for appointment; filling of vacancy; appointment of representative of public by
Governor.
NRS 628.085 Removal
of member.
NRS 628.090 Officers
and employees.
NRS 628.100 Quorum.
NRS 628.105 Offices.
NRS 628.110 Compensation
of members and employees.
NRS 628.120 Regulations.
NRS 628.130 Seal;
records; website.
NRS 628.135 Fiscal
year.
NRS 628.140 Deposit
of money received by Board; delegation of authority concerning disciplinary
action; deposit of fines imposed by Board; claim for attorney’s fees or cost of
investigation.
NRS 628.160 Regulations
concerning professional conduct: Procedure for adoption; notice.
NRS 628.170 Board
may establish certain committees.
CERTIFIED PUBLIC ACCOUNTANTS
NRS 628.190 Qualifications
of applicant for certificate of certified public accountant; issuance of
provisional certificate.
NRS 628.200 General
requirements concerning education and experience.
NRS 628.230 Examination.
NRS 628.240 Eligibility
for examination of candidate who has not met requirement concerning experience.
NRS 628.250 Requirements
for status as certified public accountant; related fees.
NRS 628.260 Reexamination.
NRS 628.280 Fee
for examination.
NRS 628.290 Conditions
for use of designation “certified public accountant” or “C.P.A.”
NRS 628.310 Waiver
of examination and waiver of requirements for education or experience for
person holding certificate as certified public accountant from other state or
country.
NRS 628.315 Natural
person licensed as certified public accountant in another state: Practice
privileges in this State; certificate or permit not required; consent to
certain conditions; performance of attest services.
REGISTRATION OF PUBLIC ACCOUNTANTS, PARTNERSHIPS,
CORPORATIONS, LIMITED-LIABILITY COMPANIES, SOLE PROPRIETORSHIPS AND OFFICES AND
REGISTRATION OF FICTITIOUS NAMES
NRS 628.325 Corporation
or company for practice of public accounting: Organization; liability;
ownership.
NRS 628.335 Registration
of partnership, corporation, limited-liability company or sole proprietorship:
Grant or renewal of registration; activities for which registration is
required; circumstances under which registration or permit for natural person
with practice privileges is not required.
NRS 628.340 Requirements
for registration as partnership of certified public accountants.
NRS 628.343 Requirements
for registration as corporation of certified public accountants.
NRS 628.345 Requirements
for registration as limited-liability company of certified public accountants.
NRS 628.350 Requirements
for issuance of license as public accountant.
NRS 628.360 Requirements
for registration as partnership of public accountants.
NRS 628.363 Requirements
for registration as corporation of public accountants.
NRS 628.365 Requirements
for registration as limited-liability company of public accountants.
NRS 628.370 Registration
of offices.
NRS 628.375 Registration
of fictitious names.
PERMIT FOR PUBLIC ACCOUNTING
NRS 628.380 Permit
to engage in practice of public accounting: Requirements; expiration; issuance
and renewal; fee.
CONTINUING EDUCATION
NRS 628.385 Legislative
findings.
NRS 628.386 Adoption
of regulations.
NRS 628.387 Exemptions.
NRS 628.388 Committee
on Continuing Education.
DISCIPLINARY ACTION
NRS 628.390 Grounds;
penalties; private censure prohibited; orders imposing discipline deemed public
records.
NRS 628.393 Suspension
of certificate, registration, license or permit for failure to pay child
support or comply with certain subpoenas or warrants; reinstatement of
certificate, registration, license or permit. [Effective until 2 years after
the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state
to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 628.395 Probation.
NRS 628.400 Partnerships,
corporations and limited-liability companies: Revocation or suspension of
registration; sanctions; censure; additional grounds for disciplinary action.
NRS 628.410 Hearings.
NRS 628.415 Disciplinary
action by hearing officer or panel: Procedural requirements; powers and duties
of officer or panel; appeal.
NRS 628.418 Certain
records relating to investigation deemed confidential; certain records relating
to disciplinary action deemed public records.
NRS 628.420 Reregistration,
issuance of new certificate or modification of order after application and
hearing; exception. [Effective until 2 years after the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 628.420 Reregistration,
issuance of new certificate or modification of order after application and
hearing. [Effective on the date 2 years after the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
MISCELLANEOUS PROVISIONS
NRS 628.425 Accountant’s
report on financial statements: Requirements for persons who sign or authorize
another to sign.
NRS 628.430 Statement,
record or memorandum made by accountant or natural person granted practice
privileges in course of professional service is property of accountant or
natural person; exception; limitations on transfer.
NRS 628.435 Attestations
applicable to particular engagements: Compliance with professional standards
for accounting and documentation; retention of documentation.
NRS 628.440 Employees
and assistants of accountants.
UNLAWFUL ACTS; INJUNCTIVE RELIEF; PENALTIES
NRS 628.450 Unlawful
use of designation “certified public accountant” or “C.P.A.”
NRS 628.460 Unlawful
use of designation “certified public accountant” or “C.P.A.” by partnership,
corporation, limited-liability company or sole proprietorship.
NRS 628.470 Unlawful
use of designation “public accountant” or “registered public accountant.”
NRS 628.480 Unlawful
use of designation “public accountant” by partnership, corporation,
limited-liability company or sole proprietorship.
NRS 628.490 Unlawful
use of designation or abbreviation likely to confuse public; use of
“accountant,” “auditor” and “certified public accountant.”
NRS 628.510 Conditions
under which affixing name to wording which indicates person is accountant or
auditor is unlawful.
NRS 628.520 Conditions
under which affixing name of partnership, corporation, limited-liability
company or sole proprietorship to wording which indicates partnership,
corporation, limited-liability company or sole proprietorship is composed of
accountants or auditors is unlawful.
NRS 628.540 Unlawful
acts by partnership, corporation, limited-liability company or sole
proprietorship that is unregistered or performing services outside authorized
practice of public accounting or by person without permit or practice
privileges.
NRS 628.550 Unlawful
use of title or designation which falsely indicates or implies existence of
partnership, corporation or limited-liability company; misleading name.
NRS 628.560 Prima
facie evidence of violation.
NRS 628.570 Injunction;
restraining order; issuance without bond.
NRS 628.580 Penalty
for violation.
_________
GENERAL PROVISIONS
NRS 628.002 Purpose. It is the
policy of this State, and the purpose of this chapter:
1. To provide for the dependability of
information which is used for guidance in financial transactions or for
accounting for and assessing the status or performance of public and private
entities; and
2. To protect the interest of the public
by requiring that persons who are engaged in the practice of public accounting
be qualified, so that the auditing, examining, reviewing and compiling of
financial statements and the issuing of reports, opinions and assurances
relating to those statements are reserved to persons who have demonstrated
ability and fitness to observe and apply the standards of the profession of
accounting.
(Added to NRS by 1981, 1379)
NRS 628.003 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 628.005 to 628.033, inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 1981, 1379; A 2009, 312)
NRS 628.005 “Attest,” “attesting” and “attestation” defined. “Attest,” “attesting” and “attestation” mean
the issuance of opinions, reports or other documents which state or imply
assurance of the reliability of information when the opinions, reports or other
documents are accompanied by or contain any name, title or wording which
indicates that the person or other entity which has issued them is an
accountant or auditor, or has expert knowledge in accounting or auditing. The
terms include any disclaimer of an opinion when the disclaimer is in a form
which is understood to imply any positive assurance of the reliability of the
information and expertise on the part of the person making the disclaimer.
(Added to NRS by 1981, 1379; A 2009, 312)
NRS 628.009 “Board” defined. “Board”
means the Nevada State Board of Accountancy.
(Added to NRS by 1981, 1379)
NRS 628.013 “Certificate” defined. “Certificate”
means the certificate issued by the Board to a person who is qualified to
practice accounting as a certified public accountant.
(Added to NRS by 1981, 1380)
NRS 628.014 “Compilation” defined. “Compilation”
means the presentation, in the form of financial statements prepared in
accordance with the Statements on Standards for Accounting and Review
Services (SSARS) published by the American Institute of Certified Public
Accountants, of information that is a representation by the owner or management
of an entity without undertaking to state or imply assurance of the reliability
of the information.
(Added to NRS by 2009, 310)
NRS 628.017 “Home office” defined. “Home
office” means the location specified by a client of an accountant as the
address of an entity for which the accountant practices public accounting,
performs an attestation or compilation or performs other professional services
within the practice of public accounting.
(Added to NRS by 2009, 311)
NRS 628.019 “Live permit” defined. “Live
permit” means a permit issued pursuant to NRS 628.380
which has not been revoked or suspended.
(Added to NRS by 1981, 1380)
NRS 628.023 “Practice of public accounting” defined. “Practice of public accounting” means the
offering to perform or the performance by a holder of a live permit or a
natural person granted practice privileges pursuant to NRS
628.315, for a client or potential client, of one or more services
involving the use of skills in accounting or auditing, one or more services
relating to advising or consulting with clients on matters relating to
management or the preparation of tax returns and the furnishing of advice on
matters relating to taxes.
(Added to NRS by 1981, 1380; A 2009, 313)
NRS 628.029 “Registered public accountant” defined. “Registered
public accountant” means a person who was registered or licensed as a public
accountant:
1. On or before May 1, 1973; or
2. After May 1, 1973, pursuant to NRS 628.190.
(Added to NRS by 1981, 1380; A 2005, 251)
NRS 628.033 “State” defined. “State”
means any state, territory or possession of the United States and the District
of Columbia.
(Added to NRS by 1981, 1380; A 1999, 1695)
NRS 628.0345 Payment of child support: Submission of certain information by
applicant; grounds for denial of certificate, registration, license or permit;
duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]
1. In addition to any other requirements
set forth in this chapter:
(a) An applicant for the issuance of a
certificate issued pursuant to NRS 628.190 to 628.310, inclusive, any registration or license
granted to a registered public accountant pursuant to NRS
628.350 or a permit issued pursuant to NRS 628.380
shall include the social security number of the applicant in the application
submitted to the Board.
(b) An applicant for the issuance or renewal of a
certificate issued pursuant to NRS 628.190 to 628.310, inclusive, any registration or license
granted to a registered public accountant pursuant to NRS
628.350 or a permit issued pursuant to NRS 628.380
shall submit to the Board the statement prescribed by the Division of Welfare
and Supportive Services of the Department of Health and Human Services pursuant
to NRS 425.520. The statement must be
completed and signed by the applicant.
2. The Board shall include the statement
required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the certificate, registration, license
or permit; or
(b) A separate form prescribed by the Board.
3. A certificate, registration, license or
permit described in subsection 1 may not be issued or renewed by the Board if
the applicant:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the Board
shall advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant may take
to satisfy the arrearage.
(Added to NRS by 1997, 2117; A 2005, 2712, 2807)
NRS 628.0345 Payment of child support:
Submission of certain information by applicant; grounds for denial of
certificate, registration, license or permit; duty of Board. [Effective on the
date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings and expires by limitation 2 years after that
date.]
1. In addition to any other requirements
set forth in this chapter, an applicant for the issuance or renewal of a
certificate issued pursuant to NRS 628.190 to 628.310, inclusive, any registration or license
granted to a registered public accountant pursuant to NRS
628.350 or a permit issued pursuant to NRS 628.380
shall submit to the Board the statement prescribed by the Division of Welfare
and Supportive Services of the Department of Health and Human Services pursuant
to NRS 425.520. The statement must be
completed and signed by the applicant.
2. The Board shall include the statement
required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the certificate, registration,
license or permit; or
(b) A separate form prescribed by the Board.
3. A certificate, registration, license or
permit described in subsection 1 may not be issued or renewed by the Board if
the applicant:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the Board
shall advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant may take
to satisfy the arrearage.
(Added to NRS by 1997, 2117; A 2005, 2712, 2807,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
NEVADA STATE BOARD OF ACCOUNTANCY
NRS 628.035 Creation; number and appointment of members. The Nevada State Board of Accountancy,
consisting of seven members appointed by the Governor, is hereby created.
(Added to NRS by 1960, 160; A 1971, 734; 1977, 272)
NRS 628.045 Qualifications of members.
1. Except as otherwise provided in
subsection 2, the Governor shall appoint to the Board six members who are
certified public accountants in the State of Nevada and one member who is a
registered public accountant in the State of Nevada. Of the six members who are
certified public accountants:
(a) One member must be employed by the government
or by private industry; and
(b) Five members must be engaged in the practice
of public accounting.
2. Whenever the total number of registered
public accountants who practice is 10 or fewer, the Board must consist of six
members who are certified public accountants and the member who is a registered
public accountant until that member’s term of office expires. Thereafter, the
Board must consist of:
(a) Six members who are certified public
accountants, one of whom must be employed by the government or by private
industry.
(b) One member who represents the public. This
member must not be:
(1) A certified public accountant, a
public accountant or a registered public accountant; or
(2) The spouse or the parent or child, by
blood, marriage or adoption, of a certified public accountant, a public
accountant or a registered public accountant.
3. No person may be appointed to the Board
unless he or she is:
(a) Engaged in active practice as a certified
public accountant or registered public accountant and holds a live permit to
practice public accounting in this State, or is appointed as the member who
represents the public.
(b) A resident of the State of Nevada.
(Added to NRS by 1960, 160; A 1977, 272; 1979, 671;
1981, 1380; 1991,
2150; 2003,
1189)
NRS 628.055 Reappointment of members. No
person who has served two successive complete terms is eligible for
reappointment until 1 year after the expiration of those terms. Appointment to
fill an unexpired term shall not be considered as a complete term.
(Added to NRS by 1960, 161; A 1971, 734; 1977, 273,
1249)
NRS 628.075 Nomination for appointment; filling of vacancy; appointment of
representative of public by Governor.
1. The Nevada Society of Certified Public
Accountants shall, at least 30 days before the beginning of any term, or within
30 days after a position on the Board becomes vacant, submit to the Governor
the names of at least three persons qualified for membership on the Board for
each position to be filled by a certified public accountant. The Governor shall
appoint new members or fill the vacancy from the list, or request a new list.
If the Nevada Society of Certified Public Accountants fails to submit timely
nominations for a position on the Board, the Board may submit nominations to
the Governor, who shall appoint members from among the nominees or request a
new list.
2. The Governor may appoint any qualified
person who is a resident of this State to the position which is to be occupied
by a person who represents the public.
(Added to NRS by 1960, 161; A 1977, 1250; 1981, 1380;
1991, 2150)
NRS 628.085 Removal of member. The
Governor shall remove from the Board any member whose permit to practice has
become void or has been revoked or suspended, and may, after a hearing, remove
any member for neglect of duty or other just cause.
(Added to NRS by 1960, 162)
NRS 628.090 Officers and employees.
1. Annually the Board shall elect a
President and a Secretary-Treasurer from among its members.
2. The Board may employ such personnel,
including attorneys, investigators and other professional consultants, and
arrange for such assistance as the Board may require for the performance of its
duties.
(Added to NRS by 1960, 162; A 1963, 147)
NRS 628.100 Quorum. A majority
of the Board shall constitute a quorum for the transaction of business.
(Added to NRS by 1960, 162; A 1973, 1128)
NRS 628.105 Offices. The Board
may maintain offices in as many localities in the State as it finds necessary
to carry out the provisions of this chapter.
(Added to NRS by 1963, 147)
NRS 628.110 Compensation of members and employees.
1. Each member of the Board is entitled to
receive:
(a) A salary of not more than $150 per day, as
fixed by the Board, while engaged in the business of the Board; and
(b) A per diem allowance and travel expenses at a
rate fixed by the Board, while engaged in the business of the Board. The rate must
not exceed the rate provided for state officers and employees generally.
2. While engaged in the business of the
Board, each employee of the Board is entitled to receive a per diem allowance
and travel expenses at a rate fixed by the Board. The rate must not exceed the
rate provided for state officers and employees generally.
(Added to NRS by 1960, 162; A 1963, 147; 1971, 735; 1989, 1696; 2007, 2942)
NRS 628.120 Regulations. The
Board shall adopt regulations reasonably necessary and expedient for the
orderly conduct of its affairs and for the administration of this chapter.
(Added to NRS by 1960, 162; A 1971, 735; 1981, 1381)
NRS 628.130 Seal; records; website. The
Board shall:
1. Have a seal of which judicial notice
must be taken.
2. Keep records of its proceedings. In any
proceedings in court, civil or criminal, arising out of or founded upon any
provision of this chapter, copies of those records certified as correct under
the seal of the Board are admissible in evidence as tending to prove the
contents of the records.
3. Maintain a website on the Internet or
its successor and post on its website:
(a) The names arranged alphabetically by classifications
of all accountants and business entities holding licenses, certificates,
registrations or permits under this chapter.
(b) The names of the members of the Board.
(c) Such other matter as may be deemed proper by
the Board.
(Added to NRS by 1960, 162; A 1981, 1381; 2005, 251)
NRS 628.135 Fiscal year. The
Board shall operate on the basis of a fiscal year commencing on July 1 and
terminating on June 30.
(Added to NRS by 1963, 147)
NRS 628.140 Deposit of money received by Board; delegation of authority
concerning disciplinary action; deposit of fines imposed by Board; claim for
attorney’s fees or cost of investigation.
1. Except as otherwise provided in
subsection 3, all fees and other money received by the Board pursuant to the
provisions of this chapter must be deposited in banks, credit unions or savings
and loan associations in the State of Nevada and expended solely for the
purposes of this chapter. The money so deposited does not revert to the State
General Fund. The compensation provided for by this chapter and all expenses
incurred under this chapter must be paid from this money. No compensation or expenses
incurred under this chapter may be charged against the State General Fund.
2. The Board may delegate to a hearing
officer or panel its authority to take any disciplinary action pursuant to this
chapter, impose and collect civil penalties, court costs and attorney’s fees
therefor and deposit the money therefrom in banks, credit unions or savings and
loan associations in this State.
3. If a hearing officer or panel is not
authorized to take disciplinary action pursuant to subsection 2 and the Board
deposits the money collected from the imposition of civil penalties, court
costs and attorney’s fees with the State Treasurer for credit to the State
General Fund, it may present a claim to the State Board of Examiners for
recommendation to the Interim Finance Committee if money is needed to pay
attorney’s fees or the costs of an investigation, or both.
(Added to NRS by 1960, 162; A 1963, 147; 1983, 1533; 1999, 1529)
NRS 628.160 Regulations concerning professional conduct: Procedure for
adoption; notice.
1. The Board may by regulation adopt and
amend rules of professional conduct appropriate to establish and maintain a
high standard of quality, integrity and dignity in the profession of public
accountancy.
2. In addition to the requirements of chapter 233B of NRS, the Board shall, at least
60 days before the adoption of any such rule or amendment, mail copies of the
proposed rule or amendment to each holder of a live permit, to the address
shown in the records of the Board, together with a notice advising the holder
of the permit of the date, time and place of the hearing on the proposed rule
or amendment and requesting that he or she submit any comments thereon at least
15 days before the hearing. The comments are advisory only. Failure by
inadvertence or error to mail the rule, amendment or notice to each holder of a
permit does not affect the validity of any rule or amendment if the Board has
made an effort in good faith to mail the notice to all holders of permits.
3. The Board may adopt regulations
concerning the professional conduct of corporations, partnerships and
limited-liability companies practicing certified public accounting or public
accounting which it deems consistent with or required by the public welfare,
including regulations:
(a) Governing the style, name and title of the
corporations, partnerships and limited-liability companies.
(b) Governing the affiliation of the
corporations, partnerships and limited-liability companies with any other
organizations.
(Added to NRS by 1960, 162; A 1971, 735; 1981, 1381; 1989, 1601; 1995, 134; 1999, 1695)
NRS 628.170 Board may establish certain committees. The
Board may by regulation establish committees to assist in the management of its
affairs and in the investigation of grievances.
(Added to NRS by 1960, 163; A 1971, 736; 1973, 1128;
1981, 1382; 1989,
1601)
CERTIFIED PUBLIC ACCOUNTANTS
NRS 628.190 Qualifications of applicant for certificate of certified public
accountant; issuance of provisional certificate.
1. Except as otherwise provided in this
section and NRS 628.310, a certificate of certified
public accountant must be granted by the Board to any person who:
(a) Is a resident of this State or, if not a
resident, has designated to the Board an agent who is a resident for
notification and service of process;
(b) Is a person who is without any history of
acts involving dishonesty or moral turpitude;
(c) Complies with the requirements of education
and experience as provided in NRS 628.200;
(d) Has submitted to the Board a complete set of
fingerprints and written permission authorizing the Board to forward the
fingerprints to the Central Repository for Nevada Records of Criminal History
for submission to the Federal Bureau of Investigation for its report; and
(e) Has passed the examination prescribed by the
Board.
2. The Board may refuse to grant a
certificate of certified public accountant to an applicant if he or she has
been convicted of a felony in this State or an offense in another state or
jurisdiction which would be a felony if committed in this State.
3. The Board may issue a provisional
certificate to an applicant until the Board receives the report from the
Federal Bureau of Investigation.
(Added to NRS by 1960, 164; A 1971, 220, 737; 1975,
1295; 1981, 1383; 1989, 1602; 1993, 531; 1999, 1695; 2003, 2705; 2009, 313)
NRS 628.200 General requirements concerning education and experience.
1. Except as otherwise provided in
subsection 4, the requirements of education for a certificate of certified
public accountant are:
(a) At least 150 semester hours or an equivalent
number of quarter hours; and
(b) A baccalaureate degree or an equivalent
degree from a college or university recognized by the Board:
(1) With a major in accounting, or what
the Board determines to be substantially the equivalent of a major in
accounting; or
(2) With a major other than accounting
supplemented by what the Board determines to be substantially the equivalent of
an accounting major, including related courses in other areas of business
administration.
2. The requirement for experience for a
certificate of certified public accountant is:
(a) Two years of public accounting experience in
a partnership, corporation, limited-liability company or sole proprietorship
engaged in the practice of public accounting under the direct supervision of a
person who is a certified public accountant; or
(b) Experience in internal auditing work or
governmental accounting and auditing work of a character and for a length of
time sufficient in the opinion of the Board to be substantially equivalent to
the requirements of paragraph (a).
3. The Board:
(a) Shall adopt regulations concerning:
(1) The number of semester hours or an
equivalent number of quarter hours in accounting and other courses required by
an applicant to satisfy the requirements of subsection 1.
(2) The public accounting experience,
internal auditing work, and governmental accounting and auditing work required
by an applicant to satisfy the requirements of subsection 2.
(b) May provide by regulation for the
substitution of qualified programs of continuing education to satisfy partially
the requirement of experience described in paragraph (b) of subsection 2 or may
add any program to the requirement of experience.
4. Notwithstanding any provision of this
section to the contrary, an applicant for a certificate of certified public
accountant who has received conditional credit pursuant to NRS 628.260 for passing a section of the examination
required for a certificate, and who applies that credit to subsequent passage
of the examination, is subject to the educational requirements to receive a
certificate that were in effect on the date on which the applicant first
received the conditional credit.
(Added to NRS by 1960, 164; A 1971, 738; 1981, 1383; 1991, 2151; 1993, 507; 1995, 447; 1999, 1696; 2005, 252; 2009, 313)
NRS 628.230 Examination.
1. The Board shall prescribe by regulation
the:
(a) Methods of applying for an examination;
(b) Methods of completing an examination,
including grading and the requirements to pass the examination; and
(c) Education required to be eligible to take an
examination.
2. The Board may use an examination from
any provider as approved by the Board.
(Added to NRS by 1960, 166; A 1971, 739; 1979, 672;
1981, 1384; 1999,
1697; 2005,
253; 2009,
314)
NRS 628.240 Eligibility for examination of candidate who has not met
requirement concerning experience. A
candidate for a certificate of certified public accountant who has met the
educational requirements as prescribed by the Board pursuant to NRS 628.230 is eligible to take the examination
without waiting until he or she meets the requirements of experience if the
candidate also meets the requirements of paragraphs (a) and (b) of subsection 1
of NRS 628.190.
(Added to NRS by 1960, 166; A 1971, 739; 1981, 1384; 1993, 532; 1999, 1697; 2009, 314)
NRS 628.250 Requirements for status as certified public accountant; related
fees. A candidate for the
certificate of certified public accountant who has successfully completed the
examination required by NRS 628.190 has no status
as a certified public accountant until the candidate has the requisite
experience and has received a certificate as a certified public accountant. The
Board may establish a fee for issuing a certificate and a fee for the
evaluation of experience in amounts set in regulations adopted by the Board.
(Added to NRS by 1960, 166; A 1971, 739; 1979, 672;
1981, 1385; 1989,
1602)
NRS 628.260 Reexamination.
1. The Board may by regulation prescribe
the terms and conditions under which a candidate:
(a) Must pass all sections of the examination
prescribed by the Board pursuant to NRS 628.190 to
qualify for a certificate.
(b) Who, at any given examination, passes at
least one section, but not all sections, may receive conditional credit for
each section passed, and need not sit for reexamination in those sections. The
Board may by regulation provide a limit on the time in which each candidate
must pass all sections of the examination or lose any credit received.
2. The Board may give credit to a
candidate who has passed all or part of the examination in another state or
other jurisdiction of the United States if the Board determines by regulation
that the standards under which credit is granted for the examination are as
high as the standards established for the examination required by this chapter.
(Added to NRS by 1960, 166; A 1971, 740; 1979, 672;
1981, 1385; 1993,
532; 1999,
1697; 2005,
253)
NRS 628.280 Fee for examination.
1. The Board shall charge each candidate
for a certificate of certified public accountant a fee, to be determined by the
Board by regulation, for the examination prescribed by the Board.
2. The applicable fee must be paid by the
candidate at the time he or she applies for examination.
(Added to NRS by 1960, 167; A 1971, 740; 1979, 673;
1981, 1386; 1993,
532; 1999,
1698; 2001,
569; 2005,
253)
NRS 628.290 Conditions for use of designation “certified public accountant”
or “C.P.A.” Any person who has
received from the Board a certificate as a certified public accountant and who
holds a permit issued under NRS 628.380, which is
in full force and effect, shall be styled and known as a certified public
accountant and may also use the abbreviation “C.P.A.” The Board shall maintain
a list of certified public accountants. Any certified public accountant may
also be known as a public accountant.
(Added to NRS by 1960, 167)
NRS 628.310 Waiver of examination and waiver of requirements for education
or experience for person holding certificate as certified public accountant
from other state or country.
1. The Board may waive the examination,
the requirements for education or the requirements for experience, or any
combination thereof, required under NRS 628.190,
and may issue a certificate as a certified public accountant to any person who
is the holder of a certificate as a certified public accountant then in effect
issued under the laws of any state or other jurisdiction of the United States
approved by the Board, constituting a recognized qualification for the practice
of public accounting comparable to that of a certified public accountant of
this State, if:
(a) The person has passed an examination that is
substantially the same as the examination conducted pursuant to NRS 628.230 with a grade that would have been a
passing grade in this State on the date on which the person received his or her
original certificate;
(b) The person has experience in the practice of
public accountancy, either as a certified public accountant or as a staff
accountant employed by a partnership, corporation, limited-liability company or
sole proprietorship engaged in the practice of public accounting and working
under the direct supervision of a person who is a certified public accountant,
while holding a certificate as a certified public accountant for more than 4 of
the 10 years immediately preceding his or her making application pursuant to
this chapter; and
(c) The requirements for education of the state
or other jurisdiction from which the person received his or her original
certificate are determined by the Board to satisfy the requirements for
education of this State.
2. The Board may waive the examination,
the requirements for education or the requirements for experience, or any
combination thereof, under NRS 628.190, and may
issue a certificate as a certified public accountant to any person who is the
holder of an equivalent certificate then in effect issued by a foreign country
if:
(a) Persons who are certified as public
accountants in this State are granted similar privileges by the foreign country
in which the applicant is certified;
(b) The applicant’s certificate:
(1) Was issued by the appropriate
authority that regulates the practice of public accountancy in the foreign
country in which the certificate was issued;
(2) Has not expired or been revoked or
suspended; and
(3) Authorizes the applicant to issue
reports upon financial statements;
(c) The requirements for education and
examination of the regulatory authority of the foreign country were
substantially equivalent to the requirements for education and examination of
this State on the date on which the applicant received his or her certificate;
(d) The applicant:
(1) Complied with requirements for
experience in the foreign country in which the certificate was issued that are
substantially equivalent to the requirements set forth in NRS 628.200; or
(2) Has completed in any state at least 4
years of public accounting experience, or equivalent experience determined to
be appropriate by the Board, within the 10 years immediately preceding his or
her making application for certification in this State;
(e) The applicant has passed a written
examination on national standards for public accounting and ethics that is
acceptable to the Board; and
(f) The applicant submits with the application a
list of all jurisdictions in which he or she has applied for and received a
certificate to practice public accounting.
3. A person who is granted a certificate
as a certified public accountant pursuant to subsection 2 shall notify the
Board, in writing, within 30 days after:
(a) The person is issued an equivalent certificate
to practice public accounting by another jurisdiction or is denied the issuance
of such a certificate;
(b) A certificate to practice public accounting
issued to the person by another jurisdiction is revoked or suspended; or
(c) Another jurisdiction in which the person is
certified to practice public accounting commences any type of disciplinary
action against the person.
(Added to NRS by 1960, 167; A 1971, 741; 1979, 673;
1981, 1386; 1993,
546; 1999,
1698; 2001,
569; 2005,
254)
NRS 628.315 Natural person licensed as certified public accountant in
another state: Practice privileges in this State; certificate or permit not
required; consent to certain conditions; performance of attest services.
1. Except as otherwise provided in this
chapter, a natural person who holds a valid license as a certified public
accountant from any state other than this State shall be deemed to be a
certified public accountant for all purposes under the laws of this State other
than this chapter.
2. A natural person granted practice
privileges pursuant to subsection 1 is not required to obtain:
(a) A certificate pursuant to NRS 628.190; or
(b) A permit pursuant to NRS
628.380.
3. A natural person granted practice
privileges pursuant to subsection 1 and a partnership, corporation,
limited-liability company or sole proprietorship that employs such a person
shall be deemed to consent, as a condition of the grant of such practice
privileges:
(a) To the personal and subject matter
jurisdiction, and disciplinary authority, of the Board.
(b) To comply with the provisions of this chapter
and the regulations of the Board.
(c) That, in the event that the license from the
state wherein the natural person’s principal place of business is located
becomes invalid, the natural person will cease offering or engaging in the
practice of professional accounting in this State individually and on behalf of
a partnership, corporation, limited-liability company or sole proprietorship.
(d) To the appointment of the state board that
issued the license as the agent upon whom process may be served in any
investigation, action or proceeding relating to the natural person or the
partnership, corporation, limited-liability company or sole proprietorship by
the Board.
4. A natural person granted practice
privileges pursuant to subsection 1 may perform attest services for a client
having his or her home office in this State only if the partnership,
corporation, limited-liability company or sole proprietorship that employs the
person is registered pursuant to NRS 628.335.
(Added to NRS by 2009, 311)
REGISTRATION OF PUBLIC ACCOUNTANTS, PARTNERSHIPS,
CORPORATIONS, LIMITED-LIABILITY COMPANIES, SOLE PROPRIETORSHIPS AND OFFICES AND
REGISTRATION OF FICTITIOUS NAMES
NRS 628.325 Corporation or company for practice of public accounting:
Organization; liability; ownership.
1. One or more natural persons may
organize a corporation for the practice of public accounting under the
Professional Entities and Associations Act, chapter
89 of NRS. The corporation is not required to have more directors than
shareholders, but at least one director must be a shareholder. The other
directors need not, but may, be shareholders.
2. One or more natural persons may:
(a) Organize a corporation pursuant to chapter 78 of NRS;
(b) Qualify to do business as a foreign
corporation pursuant to chapter 80 of NRS;
(c) Organize a limited-liability company pursuant
to chapter 86 of NRS; or
(d) Register as a foreign limited-liability
company pursuant to chapter 86 of NRS,
Ê to practice
public accounting.
3. The organization, qualification or
registration of a corporation or company pursuant to subsection 2:
(a) Does not modify:
(1) The relationship between an accountant
and a client;
(2) The liability arising out of that
relationship; or
(3) The compliance of the corporation or
company with this chapter or any regulations adopted pursuant thereto.
(b) Does not render:
(1) A person liable in tort for any act in
which he or she has not personally participated.
(2) The manager, a member or an employee
of a limited-liability company liable in contract for any contract which the
person executes on behalf of a limited-liability company within the limits of
his or her authority.
4. Notwithstanding any specific statute to
the contrary, a simple majority of the ownership of a corporation, partnership
or limited-liability company organized for the practice of public accounting in
this State, in terms of the financial interests and voting rights of all
shareholders, partners, officers, members and principals thereof, must belong
to persons who are certified public accountants in any state or registered
public accountants in this State. Each shareholder, partner, officer, member or
principal whose principal place of business is in this State and who performs
professional services in this State must be:
(a) If the corporation, partnership or
limited-liability company registered with the Board is a corporation,
partnership or limited-liability company of certified public accountants, a
certified public accountant in this State in good standing; and
(b) If the corporation, partnership or
limited-liability company registered with the Board is a corporation,
partnership or limited-liability company of public accountants, a certified
public accountant or registered public accountant in this State in good standing.
5. A corporation, partnership or
limited-liability company organized for the practice of public accounting in
this State may have as a shareholder, partner, officer, member or principal any
natural person who is not a certified public accountant in any state or a
registered public accountant in this State if:
(a) The natural person is actively engaged in the
business of the corporation, partnership or limited-liability company, or any
affiliate thereof; and
(b) The corporation, partnership or limited-liability
company complies with any other requirements that the Board by regulation may
impose.
(Added to NRS by 1971, 748; A 1995, 1477; 1997, 924; 1999, 1699)
NRS 628.335 Registration of partnership, corporation, limited-liability
company or sole proprietorship: Grant or renewal of registration; activities
for which registration is required; circumstances under which registration or
permit for natural person with practice privileges is not required.
1. The Board shall grant or renew
registration to a partnership, corporation, limited-liability company or sole
proprietorship that demonstrates its qualifications therefor in accordance with
this chapter.
2. A partnership, corporation or
limited-liability company with an office in this State shall register with the
Board if the partnership, corporation or limited-liability company:
(a) Performs attest services;
(b) Performs compilation services;
(c) Is engaged in the practice of public
accounting; or
(d) Is styled and known as a certified public
accountant or uses the abbreviation “C.P.A.”
3. A partnership, corporation,
limited-liability company or sole proprietorship that does not have an office
in this State:
(a) Shall register with the Board if the
partnership, corporation, limited-liability company or sole proprietorship
performs attest services for a client having his or her home office in this
State.
(b) May practice public accounting, may perform
compilation services or other professional services within the practice of
public accounting other than attest services for a client having his or her
home office in this State, may be styled and known as a certified public
accountant and may use the title or designation “certified public accountant”
and the abbreviation “C.P.A.” without registering with the Board if:
(1) Persons who are certified public
accountants in any state constitute a simple majority, in terms of financial
interests and voting rights of all partners, shareholders, officers, members
and principals thereof, of the ownership of the partnership, corporation,
limited-liability company or sole proprietorship;
(2) The partnership, corporation,
limited-liability company or sole proprietorship complies with the provisions
of subsection 5 of NRS 628.325, if applicable;
(3) A natural person granted practice
privileges pursuant to NRS 628.315 practices such
public accounting or performs such compilation services or such other
professional services within the practice of public accounting for the client
having his or her home office in this State; and
(4) The partnership, corporation,
limited-liability company or sole proprietorship can lawfully perform such
services in the state where the natural person described in subparagraph (3)
has his or her principal place of business.
4. A natural person granted practice
privileges pursuant to NRS 628.315 must not be
required to obtain a permit from this State pursuant to NRS
628.380 if the person performs such professional services for:
(a) Which a partnership, corporation,
limited-liability company or sole proprietorship is required to register
pursuant to subsection 2 or 3; or
(b) A partnership, corporation or
limited-liability company registered pursuant to the provisions of NRS 628.325.
(Added to NRS by 2009, 311)
NRS 628.340 Requirements for registration as partnership of certified public
accountants.
1. A partnership required to register with
the Board pursuant to NRS 628.335 must meet the
following requirements:
(a) At least one general partner must be either a
certified public accountant of this State in good standing or, if the
partnership is required to register pursuant to paragraph (a) of subsection 3
of NRS 628.335, a natural person granted practice
privileges pursuant to NRS 628.315.
(b) Each partner who is a resident of this State
and is personally and regularly engaged within this State in the practice of
public accounting as a member thereof, or whose principal place of business is
in this State and who is engaged in the practice of professional accounting in
this State, must be a certified public accountant of this State in good
standing.
(c) Each partner who is personally and regularly
engaged in the practice of public accounting in this State must be either a
certified public accountant of this State in good standing or, if the
partnership is required to register pursuant to paragraph (a) of subsection 3
of NRS 628.335, a natural person granted practice
privileges pursuant to NRS 628.315.
(d) Each partner who is regularly engaged in the
practice of public accounting within the United States must be a certified
public accountant in good standing of some state or jurisdiction of the United
States.
(e) Each manager in charge of an office of the partnership
in this State must be either a certified public accountant of this State in
good standing or a natural person granted practice privileges pursuant to NRS 628.315.
(f) A corporation or limited-liability company
which is registered pursuant to NRS 628.343 or 628.345 may be a partner, and a partnership which is
registered pursuant to this section may be a general partner, in a partnership
engaged in the practice of public accounting.
2. Application for registration must be
made upon the affidavit of either a general partner who holds a live permit to
practice in this State as a certified public accountant or, if the partnership
is required to register pursuant to paragraph (a) of subsection 3 of NRS 628.335, a natural person granted practice
privileges pursuant to NRS 628.315. The Board shall
determine whether the applicant is eligible for registration and may charge an
initial fee and an annual renewal fee set by the Board by regulation. A
partnership which is so registered may use the words “certified public
accountants” or the abbreviation “C.P.A.’s” or “CPA’s” in connection with its
partnership name. Notice must be given to the Board within 1 month after the
admission to or withdrawal of a partner from any partnership so registered.
(Added to NRS by 1960, 167; A 1971, 741; 1979, 673;
1981, 1386; 1995,
1477; 1997,
925; 2009,
314)
NRS 628.343 Requirements for registration as corporation of certified public
accountants.
1. A corporation required to register with
the Board pursuant to NRS 628.335 shall comply with
the following requirements:
(a) The sole purpose and business of the
corporation must be to furnish to the public services not inconsistent with
this chapter or the regulations of the Board, except that the corporation may
invest its money in a manner not incompatible with the practice of public
accounting.
(b) The principal officer of the corporation and
any officer or director having authority over the practice of public accounting
by the corporation must be a certified public accountant of some state in good
standing.
(c) At least one shareholder of the corporation
must be either a certified public accountant of this State in good standing or,
if the corporation is required to register pursuant to paragraph (a) of
subsection 3 of NRS 628.335, a natural person
granted practice privileges pursuant to NRS 628.315.
(d) Each manager in charge of an office of the
corporation in this State and each shareholder or director who is regularly and
personally engaged within this State in the practice of public accounting must
be either a certified public accountant of this State in good standing or, if
the corporation is required to register pursuant to paragraph (a) of subsection
3 of NRS 628.335, a natural person granted practice
privileges pursuant to NRS 628.315.
(e) In order to facilitate compliance with the
provisions of this section relating to the ownership of stock, there must be a
written agreement binding the shareholders or the corporation to purchase any
shares offered for sale by, or not under the ownership or effective control of,
a qualified shareholder. The corporation may retire any amount of stock for
this purpose, notwithstanding any impairment of its capital, so long as one
share remains outstanding.
(f) The corporation shall comply with other
regulations pertaining to corporations practicing public accounting in this
State adopted by the Board.
2. Application for registration must be
made upon the affidavit of either a shareholder who holds a live permit to
practice in this State as a certified public accountant or, if the corporation
is required to register pursuant to paragraph (a) of subsection 3 of NRS 628.335, a natural person granted practice
privileges pursuant to NRS 628.315. The Board shall
determine whether the applicant is eligible for registration and may charge an
initial fee and an annual renewal fee set by the Board by regulation. A
corporation which is so registered may use the words “certified public
accountants” or the abbreviation “C.P.A.’s” or “CPA’s” in connection with its
corporate name. Notice must be given to the Board within 1 month after the
admission to or withdrawal of a shareholder from any corporation so registered.
(Added to NRS by 1995, 1474; A 1997, 926; 1999, 1701; 2009, 315)
NRS 628.345 Requirements for registration as limited-liability company of
certified public accountants.
1. A limited-liability company required to
register with the Board pursuant to NRS 628.335
shall comply with the following requirements:
(a) The sole purpose and business of the
limited-liability company must be to furnish to the public services not
inconsistent with this chapter or the regulations of the Board, except that the
limited-liability company may invest its money in a manner not incompatible
with the practice of public accounting.
(b) The manager, if any, of the limited-liability
company must be a certified public accountant of some state in good standing.
(c) At least one member of the limited-liability
company must be either a certified public accountant of this State in good
standing or, if the limited-liability company is required to register pursuant
to paragraph (a) of subsection 3 of NRS 628.335, a
natural person granted practice privileges pursuant to NRS
628.315.
(d) Each person in charge of an office of the
limited-liability company in this State and each member who is regularly and
personally engaged within this State in the practice of public accounting must
be either a certified public accountant of this State in good standing or, if
the limited-liability company is required to register pursuant to paragraph (a)
of subsection 3 of NRS 628.335, a natural person
granted practice privileges pursuant to NRS 628.315.
(e) In order to facilitate compliance with the
provisions of this section relating to the ownership of interests, there must
be a written agreement binding the members or the limited-liability company to
purchase any interest offered for sale by, or not under the ownership or
effective control of, a qualified member.
(f) The limited-liability company shall comply
with other regulations pertaining to limited-liability companies practicing
public accounting in this State adopted by the Board.
2. Application for registration must be
made upon the affidavit of the manager or a member of the limited-liability
company. The affiant must hold a live permit to practice in this State as a
certified public accountant or, if the limited-liability company is required to
register pursuant to paragraph (a) of subsection 3 of NRS
628.335, be a natural person granted practice privileges pursuant to NRS 628.315. The Board shall determine whether the
applicant is eligible for registration and may charge an initial fee and an
annual renewal fee set by the Board by regulation. A limited-liability company
which is so registered may use the words “certified public accountants” or the
abbreviation “C.P.A.’s” or “CPA’s” in connection with its name. Notice must be
given to the Board within 1 month after the admission to or withdrawal of a
member from any limited-liability company so registered.
(Added to NRS by 1995, 1474; A 1999, 1701; 2009, 316)
NRS 628.350 Requirements for issuance of license as public accountant. A license as a public accountant may be issued
only to persons who have met the requirements of NRS
628.190.
(Added to NRS by 1960, 168; A 1973, 1129; 1975, 1295;
1981, 1387; 2005,
255)
NRS 628.360 Requirements for registration as partnership of public
accountants.
1. Unless exempt from registration
pursuant to NRS 628.335, a partnership engaged in
this State in the practice of public accounting shall register with the Board
as a partnership of public accountants and meet the following requirements:
(a) At least one general partner thereof must be
a certified public accountant or a registered public accountant of this State
in good standing.
(b) Each partner thereof personally and regularly
engaged within this State in the practice of public accounting as a member
thereof must be a certified public accountant or a registered public accountant
of this State in good standing.
(c) Each manager in charge of an office of the firm
in this State must be a certified public accountant or a registered public
accountant of this State in good standing.
(d) A corporation or limited-liability company
which is registered pursuant to NRS 628.363 or 628.365 may be a partner, and a partnership which is
registered pursuant to this section may be a general partner, in a partnership
engaged in the practice of public accounting.
2. Application for registration must be
made upon the affidavit of a general partner who holds a live permit to
practice in this State as a certified public accountant or as a registered
public accountant. The Board shall determine whether the applicant is eligible
for registration. The Board may charge a registration fee and renewal fee and a
reporting fee in an amount set by regulation. A partnership which is so
registered may use the words “public accountants” in connection with its
partnership name. Notice must be given to the Board within 1 month after the
admission to or withdrawal of a partner from any partnership so registered.
(Added to NRS by 1960, 169; A 1971, 742; 1979, 674;
1981, 1388; 1995,
1478; 1997,
927; 2009,
317)
NRS 628.363 Requirements for registration as corporation of public
accountants.
1. Unless exempt from registration
pursuant to NRS 628.335, a corporation organized
for the practice of public accounting shall register with the Board as a
corporation of public accountants and comply with the following requirements:
(a) The sole purpose and business of the
corporation must be to furnish to the public services not inconsistent with
this chapter or the regulations of the Board, except that the corporation may
invest its money in a manner not incompatible with the practice of public
accounting.
(b) The principal officer of the corporation and
any officer or director having authority over the practice of public accounting
by the corporation must be a certified public accountant or a registered public
accountant of this State in good standing.
(c) Each manager in charge of an office of the
corporation in this State must be a certified public accountant or a registered
public accountant of this State in good standing.
(d) In order to facilitate compliance with the
provisions of this section relating to the ownership of stock, there must be a
written agreement binding the shareholders or the corporation to purchase any
shares offered for sale by, or not under the ownership or effective control of,
a qualified shareholder. The corporation may retire any amount of stock for
this purpose, notwithstanding any impairment of its capital, so long as one share
remains outstanding.
(e) The corporation shall comply with other
regulations pertaining to corporations practicing public accounting in this
State adopted by the Board.
2. Application for registration must be
made upon the affidavit of a shareholder who holds a live permit to practice in
this State as a certified public accountant or as a registered public
accountant. The Board shall determine whether the applicant is eligible for
registration. The Board may charge a registration fee and renewal fee and a
reporting fee in an amount set by regulation. A corporation which is so
registered may use the words “public accountants” in connection with its
corporate name. Notice must be given to the Board within 1 month after the
admission to or withdrawal of a shareholder from any corporation so registered.
(Added to NRS by 1995, 1476; A 1997, 927; 1999, 1702; 2009, 317)
NRS 628.365 Requirements for registration as limited-liability company of
public accountants.
1. Unless exempt from registration
pursuant to NRS 628.335, a limited-liability
company organized for the practice of public accounting shall register with the
Board as a limited-liability company of public accountants and comply with the
following requirements:
(a) The sole purpose and business of the
limited-liability company must be to furnish to the public services not
inconsistent with this chapter or the regulations of the Board, except that the
limited-liability company may invest its money in a manner not incompatible
with the practice of public accounting.
(b) The manager, if any, of the limited-liability
company must be a certified public accountant or a registered public accountant
of this State in good standing.
(c) Each person in charge of an office of the
limited-liability company in this State must be a certified public accountant
or a registered public accountant of this State in good standing.
(d) In order to facilitate compliance with the
provisions of this section relating to the ownership of interests, there must
be a written agreement binding the members or the limited-liability company to
purchase any interest offered for sale by, or not under the ownership or
effective control of, a qualified member.
(e) The limited-liability company shall comply
with other regulations pertaining to limited-liability companies practicing
public accounting in this State adopted by the Board.
2. Application for registration must be
made upon the affidavit of the manager or a member of the limited-liability
company. The affiant must hold a live permit to practice in this State as a
certified public accountant or as a registered public accountant. The Board
shall determine whether the applicant is eligible for registration. The Board
may charge a registration fee and renewal fee and a reporting fee in an amount
set by regulation. A limited-liability company which is so registered may use
the words “public accountants” in connection with its name. Notice must be
given to the Board within 1 month after the admission to or withdrawal of a
member of a limited-liability company so registered.
(Added to NRS by 1995, 1475; A 1999, 1703; 2009, 318)
NRS 628.370 Registration of offices.
1. Each office established or maintained
in this State for the practice of public accounting in this State by a
certified public accountant or a partnership, corporation or limited-liability
company composed of certified public accountants, or by a registered public
accountant or a partnership, corporation or limited-liability company composed
of registered public accountants, must be registered annually under this
chapter with the Board. The Board may charge a fee for the registration of an
office in an amount set by regulation.
2. The Board shall by regulation prescribe
the procedure to be followed in registering offices.
(Added to NRS by 1960, 169; A 1971, 743; 1981, 1389; 1995, 1479; 1997, 928; 2009, 319)
NRS 628.375 Registration of fictitious names.
1. Before a certified public accountant, a
registered public accountant or a partnership, corporation or limited-liability
company composed of certified public accountants or registered public
accountants with an office in this State engages in the practice of public
accounting in this State under a fictitious name, the person or entity must
register the fictitious name with the Board.
2. The Board shall adopt regulations to
carry out the provisions of this section, including, without limitation,
regulations that prescribe:
(a) The procedure for registering a fictitious
name with the Board; and
(b) The fee for registering a fictitious name
with the Board.
(Added to NRS by 2001, 568; A 2009, 319)
PERMIT FOR PUBLIC ACCOUNTING
NRS 628.380 Permit to engage in practice of public accounting: Requirements;
expiration; issuance and renewal; fee.
1. Permits to engage in the practice of
public accounting in this State must be issued by the Board to holders of the
certificate of certified public accountant issued under NRS
628.190 to 628.310, inclusive, and to
registered public accountants registered or licensed pursuant to NRS 628.350, if all offices of the holder of a
certificate or registrant are maintained and registered as required under NRS 628.370, and if the holder of a certificate or
registrant has complied with the continuing education requirements provided in
this chapter and in the Board’s regulations.
2. All permits expire on December 31 of
each year and may be renewed annually for a period of 1 year by holders of
certificates and registrants in good standing upon payment of an annual renewal
fee set by the Board by regulation.
3. Failure of a holder of a certificate or
registrant to apply for an annual permit to practice deprives him or her of the
right to a permit, unless the Board, in its discretion, determines that the
failure was caused by excusable neglect.
4. The Board shall adopt a regulation
specifying the fee for the renewal of a permit after January 31 of each year.
5. The Board may provide by regulation for
the placing of certificates and registrations on a retired or inactive status.
The regulation may provide for a procedure for applying for retired or inactive
status and for applying to return to active status, and must specify fees, if
any, to accompany the applications.
(Added to NRS by 1960, 170; A 1971, 743; 1973, 1130;
1981, 1389; 1999,
1704; 2001,
570)
CONTINUING EDUCATION
NRS 628.385 Legislative findings. The
Legislature finds that:
1. The explosion of knowledge and the
increasing complexity of practice make it essential that certified public
accountants and public accountants continue to develop their competence and
maintain the general quality of the practice of their profession.
2. The public interest requires that
certified public accountants and registered public accountants provide
competent service in all areas of their practice.
3. Formal programs of continuing education
provide certified public accountants and public accountants with the
opportunity to maintain the general quality of the practice of their
profession.
4. It is in the public interest to require
that certified public accountants and registered public accountants who have
certificates and who have been registered, respectively, under the provisions
of this chapter comply with requirements for continuing education adopted by
the Board as a prerequisite to the issuance or renewal of permits to engage in
the practice of public accounting pursuant to NRS
628.380.
(Added to NRS by 1973, 1127; A 1981, 1390)
NRS 628.386 Adoption of regulations.
1. The Board may by regulation prescribe,
amend or repeal rules, including, but not limited to:
(a) A definition of basic requirements for
continuing education;
(b) A delineation of qualifying programs;
(c) A system of control and reporting; and
(d) A program to ensure that licensees are
maintaining the standards of the profession.
2. In exercising its power under this
section, the Board shall establish standards which will assure reasonable
currency of knowledge as a basis for a high standard of practice by certified
public accountants and registered public accountants. The standards must be
established in a manner to assure that a variety of alternatives are available
to certificate holders and registrants to comply with the requirements of
continuing education for renewal of permits and must take cognizance of
specialized areas of practice.
(Added to NRS by 1973, 1127; A 1981, 1390; 1989, 1603)
NRS 628.387 Exemptions. The
Board may, in accordance with the intent of this chapter, make exceptions from
continuing education requirements for certificate holders or registrants not
engaged in public practice, or for reasons of health, military service or other
good cause, except that if such certificate holder or registrant returns to the
practice of public accounting he or she shall meet such continuing education
requirements as the Board may determine.
(Added to NRS by 1973, 1128)
NRS 628.388 Committee on Continuing Education. The
Board may appoint a Committee on Continuing Education consisting of certified
public accountants and registered public accountants in active practice and
holding live permits. Upon assignment and as directed by the Board, the
Committee shall assist the Board in the administration of the provisions of
this chapter for continuing education.
(Added to NRS by 1973, 1128; A 1981, 1391)
DISCIPLINARY ACTION
NRS 628.390 Grounds; penalties; private censure prohibited; orders imposing
discipline deemed public records.
1. After giving notice and conducting a
hearing, the Board may revoke, or may suspend for a period of not more than 5
years, any certificate issued under NRS 628.190 to 628.310, inclusive, any practice privileges granted
pursuant to NRS 628.315 or 628.335,
any registration or license granted to a registered public accountant under NRS 628.350, or any registration of a partnership,
corporation, limited-liability company, sole proprietorship or office, or may
revoke, suspend or refuse to renew any permit issued under NRS 628.380, or may publicly censure the holder of any
permit, license or registration or any natural person granted practice
privileges pursuant to NRS 628.315, for any one or
any combination of the following causes:
(a) Fraud or deceit in obtaining a certificate as
a certified public accountant, or in obtaining registration or a license as a
public accountant under this chapter or in obtaining a permit to practice
public accounting under this chapter.
(b) Dishonesty, fraud or gross negligence by a
certified or registered public accountant or a natural person granted practice
privileges pursuant to NRS 628.315.
(c) Violation of any of the provisions of this
chapter.
(d) Violation of a regulation or rule of
professional conduct adopted by the Board under the authority granted by this
chapter.
(e) Conviction of a felony relating to the
practice of public accounting under the laws of any state or jurisdiction.
(f) Conviction of any crime:
(1) An element of which is dishonesty or
fraud; or
(2) Involving moral turpitude,
Ê under the
laws of any state or jurisdiction.
(g) Cancellation, revocation, suspension, placing
on probation or refusal to renew authority to practice as a certified public
accountant or a registered public accountant by any other state, for any cause
other than failure to pay an annual registration fee or to comply with
requirements for continuing education or review of his or her practice in the
other state.
(h) Suspension, revocation or placing on
probation of the right to practice before any state or federal agency.
(i) Unless the person has been placed on inactive
or retired status, failure to obtain an annual permit under NRS 628.380, within:
(1) Sixty days after the expiration date
of the permit to practice last obtained or renewed by the holder of a
certificate or registrant; or
(2) Sixty days after the date upon which
the holder of a certificate or registrant was granted the certificate or
registration, if no permit was ever issued to the person, unless the failure
has been excused by the Board.
(j) Conduct discreditable to the profession of
public accounting or which reflects adversely upon the fitness of the person to
engage in the practice of public accounting.
(k) Making a false or misleading statement in
support of an application for a certificate, registration or permit of another
person.
(l) Committing an act in another state or
jurisdiction which would be subject to discipline in that state.
2. After giving notice and conducting a
hearing, the Board may deny an application to take the examination prescribed
by the Board pursuant to NRS 628.190, deny a person
admission to such an examination, invalidate a grade received for such an
examination or deny an application for a certificate issued pursuant to NRS 628.190 to 628.310,
inclusive, to a person who has:
(a) Made any false or fraudulent statement, or
any misleading statement or omission relating to a material fact in an
application:
(1) To take the examination prescribed by
the Board pursuant to NRS 628.190; or
(2) For a certificate issued pursuant to NRS 628.190 to 628.310,
inclusive;
(b) Cheated on an examination prescribed by the
Board pursuant to NRS 628.190 or any such
examination taken in another state or jurisdiction of the United States;
(c) Aided, abetted or conspired with any person
in a violation of the provisions of paragraph (a) or (b); or
(d) Committed any combination of the acts set
forth in paragraphs (a), (b) and (c).
3. In addition to other penalties
prescribed by this section, the Board may impose a civil penalty of not more
than $5,000 for each violation of this section.
4. The Board shall not privately censure
the holder of any permit, license, certificate or registration or any natural
person granted practice privileges pursuant to NRS
628.315.
5. An order that imposes discipline and
the findings of fact and conclusions of law supporting that order are public
records.
(Added to NRS by 1960, 170; A 1981, 1391; 1983, 1534;
1989, 1603;
1993, 547; 1995, 1480; 1999, 1704; 2001, 571; 2003, 2706, 3425; 2009, 319)
NRS 628.393 Suspension of certificate, registration, license or permit for
failure to pay child support or comply with certain subpoenas or warrants;
reinstatement of certificate, registration, license or permit. [Effective until
2 years after the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
1. If the Board receives a copy of a court
order issued pursuant to NRS 425.540
that provides for the suspension of all professional, occupational and
recreational licenses, certificates and permits issued to a person who is the
holder of a certificate issued pursuant to NRS 628.190
to 628.310, inclusive, a registration or license
granted to a registered public accountant pursuant to NRS
628.350 or a permit issued pursuant to NRS 628.380,
the Board shall deem the certificate, registration, license or permit issued to
that person to be suspended at the end of the 30th day after the date on which
the court order was issued unless the Board receives a letter issued to the
holder of the certificate, registration, license or permit by the district
attorney or other public agency pursuant to NRS
425.550 stating that the holder of the certificate, registration, license
or permit has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.
2. The Board shall reinstate a certificate
issued pursuant to NRS 628.190 to 628.310, inclusive, a registration or license granted
to a registered public accountant pursuant to NRS
628.350 or a permit issued pursuant to NRS 628.380
that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter
issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose
certificate, registration, license or permit was suspended stating that the
person whose certificate, registration, license or permit was suspended has
complied with the subpoena or warrant or has satisfied the arrearage pursuant
to NRS 425.560.
(Added to NRS by 1997, 2118; A 2005, 2807)
NRS 628.395 Probation. In
addition to any penalty which it may assess pursuant to NRS
628.390, the Board may suspend any of the provisions of an order issued
pursuant to that section and place the certified or registered public
accountant on probation, subject to limitations and conditions specified by the
Board, which may include requirements for continuing education or for a review of
the accountant’s practice, either periodically or continuously.
(Added to NRS by 1981, 1380)
NRS 628.400 Partnerships, corporations and limited-liability companies:
Revocation or suspension of registration; sanctions; censure; additional
grounds for disciplinary action.
1. After giving notice and conducting a
hearing, the Board shall revoke the registration of a partnership, corporation
or limited-liability company if at any time it does not have all the
qualifications prescribed by the section of this chapter under which it
qualified for registration.
2. After giving notice and conducting a
hearing, the Board may revoke or suspend the registration of a partnership,
corporation or limited-liability company, or may censure the partnership,
corporation or limited-liability company, or impose a sanction authorized by NRS 628.390, for any of the causes enumerated in
subsection 1 of NRS 628.390, or for one or both of
the following additional causes:
(a) The revocation or suspension of the
certificate or registration or the revocation or suspension or refusal to renew
the permit to practice of any partner or shareholder who is personally engaged
in the practice of public accounting in this State, whether or not he or she
holds a live permit in this State.
(b) The cancellation, revocation, suspension or
refusal to renew the authority of the partnership, corporation or limited-liability
company, or any partner, shareholder or member thereof to practice public
accounting in any other state for any cause other than failure to pay an annual
registration fee or comply with a requirement for continuing education or
practice review in the other state.
(Added to NRS by 1960, 171; A 1971, 744; 1981, 1392; 1995, 1481; 2001, 572)
NRS 628.410 Hearings.
1. The Board may initiate proceedings
under this chapter:
(a) On its own motion;
(b) On the complaint of any person; or
(c) On a complaint made by a board of accountancy
of another state.
2. A written notice of the hearing must be
served on the respondent not less than 30 days before the date of the hearing,
either personally or by mailing a copy thereof by registered or certified mail
to the address of the respondent last known to the Board.
3. If, after having been served with the
notice of hearing, the respondent fails to appear at the hearing and defend,
the Board may proceed to hear evidence against the respondent and may enter
such order as is justified by the evidence. The order is final unless the
respondent petitions for a review thereof. Within 30 days after the date of any
order, upon a showing of good cause for failing to appear and defend, the Board
may reopen the proceedings and may permit the respondent to submit evidence in
his or her behalf.
4. At any hearing, a respondent may be
represented before the Board by counsel or by a certified public accountant or
registered public accountant of this State in good standing. The respondent is
entitled, on application to the Board, to the issuance of subpoenas to compel
the attendance of witnesses on his or her behalf.
5. The Board, or any member thereof, may
issue subpoenas to compel the attendance of witnesses and the production of
documents. In case of disobedience to a subpoena, the Board may invoke the aid
of any court of this State in requiring the attendance and testimony of
witnesses and the production of documentary evidence.
6. A hearing may be conducted by:
(a) The Board, less any member or members who
have been disqualified, without the appointment of persons to hear the case in
place of the disqualified members; or
(b) A member of the Board appointed by the Board
as a hearing officer, with the remaining members of the Board, less any member
or members who have been disqualified, to review the record, make a final
decision and issue the order,
Ê unless the
Board, after disqualifications, consists of less than three members to hear or
review the case, in which circumstance the Governor must appoint one or more
qualified persons so that the panel which hears or reviews the case consists of
at least three persons.
7. A stenographic record of the hearing
must be kept and a transcript thereof filed with the Board.
8. At all hearings, the Attorney General
or a deputy designated by the Attorney General or such other legal counsel as
may be employed shall appear and represent the Board.
9. The decision of the Board must be by
majority vote thereof.
(Added to NRS by 1960, 171; A 1969, 95; 1971, 744;
1981, 98, 1392; 1989,
1604; 2009,
321)
NRS 628.415 Disciplinary action by hearing officer or panel: Procedural
requirements; powers and duties of officer or panel; appeal.
1. Any disciplinary action taken by a
hearing officer or panel pursuant to NRS 628.140 is
subject to the same procedural requirements which apply to disciplinary actions
taken by the Board, and the officer or panel has those powers and duties given
to the Board in relation thereto.
2. A decision of the hearing officer or
panel relating to the imposition of a civil penalty, costs and attorney’s fees
is a final decision in a contested case. Any party aggrieved by a decision of
the officer or panel to place a certified or registered public accountant on
probation or revoke or suspend a certificate, permit, registration or license
may appeal that decision to the Board.
(Added to NRS by 1983, 1533; A 1989, 1605)
NRS 628.418 Certain records relating to investigation deemed confidential;
certain records relating to disciplinary action deemed public records.
1. Except as otherwise provided in this
section and NRS 239.0115, a complaint
filed with the Board, all documents and other information filed with the complaint
and all documents and other information compiled as a result of an
investigation conducted to determine whether to initiate disciplinary action
are confidential.
2. The complaint or other document filed
by the Board to initiate disciplinary action and all documents and information
considered by the Board when determining whether to impose discipline are
public records.
(Added to NRS by 2003, 3425; A 2007, 2133)
NRS 628.420 Reregistration, issuance of new certificate or modification of
order after application and hearing; exception. [Effective until 2 years after
the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state
to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.] Upon
application in writing and after a hearing, the Board may:
1. Issue a new certificate to a certified
public accountant whose certificate has been revoked;
2. Permit the reregistration of a public
accountant whose registration has been revoked;
3. Reissue or modify the suspension of any
permit to practice public accounting which has been revoked or suspended,
unless the permit was suspended pursuant to NRS
425.540; or
4. Modify any action taken against any
person or any order which it has issued pursuant to NRS
628.390.
(Added to NRS by 1960, 172; A 1981, 1394; 1997, 2118; 2005, 2807)
NRS 628.420 Reregistration, issuance
of new certificate or modification of order after application and hearing.
[Effective on the date 2 years after the date of the repeal of 42 U.S.C. § 666,
the federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.] Upon application in writing and after a
hearing, the Board may:
1. Issue a new certificate to a certified
public accountant whose certificate has been revoked;
2. Permit the reregistration of a public
accountant whose registration has been revoked;
3. Reissue or modify the suspension of any
permit to practice public accounting which has been revoked or suspended; or
4. Modify any action taken against any
person or any order which it has issued pursuant to NRS
628.390.
(Added to NRS by 1960, 172; A 1981, 1394; 1997, 2118; 2005, 2807,
effective on the date 2 years after the date of the repeal of 42 U.S.C. § 666,
the federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings)
MISCELLANEOUS PROVISIONS
NRS 628.425 Accountant’s report on financial statements: Requirements for
persons who sign or authorize another to sign. A
person who, on his or her own behalf or on behalf of a partnership,
corporation, limited-liability company or sole proprietorship, signs or
authorizes another to sign an accountant’s report on financial statements shall
meet the requirements for competency as set forth in the professional standards
of accounting.
(Added to NRS by 2009, 312)
NRS 628.430 Statement, record or memorandum made by accountant or natural
person granted practice privileges in course of professional service is
property of accountant or natural person; exception; limitations on transfer. All statements, records, schedules, working
papers and memoranda made by a certified public accountant, a registered public
accountant or a natural person granted practice privileges pursuant to NRS 628.315 incident to or in the course of
professional service to clients by the accountant, except reports submitted by
a certified public accountant, a registered public accountant or a natural
person granted practice privileges pursuant to NRS
628.315 to a client, are the property of the accountant, in the absence of
an express agreement between the accountant and the client to the contrary. No
such statement, record, schedule, working paper or memorandum may be sold,
transferred or bequeathed, without the consent of the client or the client’s
personal representative or assignee, to anyone other than one or more surviving
partners or new partners of the accountant or to his or her corporation.
(Added to NRS by 1960, 173; A 1971, 745; 1981, 1394; 2009, 322)
NRS 628.435 Attestations applicable to particular engagements: Compliance
with professional standards for accounting and documentation; retention of
documentation.
1. A practitioner shall comply with all
professional standards for accounting and documentation related to an
attestation applicable to particular engagements.
2. Except as otherwise provided in this
section and in all professional standards for accounting and documentation
related to an attestation applicable to particular engagements, a practitioner
shall retain all documentation related to an attestation for not less than 5 years
after the date of the report containing the attestation.
3. Documentation related to an attestation
that, at the end of the retention period set forth in subsections 1 and 2, is a
part of or subject to a pending investigation of, or disciplinary action
against, a practitioner must be retained and must not be destroyed until the
practitioner has been notified in writing that the investigation or
disciplinary action has been closed or concluded.
4. As used in this section:
(a) “Documentation related to an attestation”
includes, without limitation:
(1) All documentation relating to
consultations and resolutions of any differences of professional opinion
regarding the exercise of professional judgment relating to an attestation; and
(2) Documentation of the findings or
issues related to the attestation that, based on the judgment of the
practitioner after an objective analysis of the facts and circumstances, is
determined to be significant, regardless of whether the documentation includes
information or data that is inconsistent with the final conclusions of the
practitioner.
(b) “Practitioner” means:
(1) A holder of a certificate issued
pursuant to NRS 628.190 to 628.310,
inclusive, any registration or license granted to a registered public
accountant pursuant to NRS 628.350 or a permit
issued pursuant to NRS 628.380;
(2) A partnership, corporation,
limited-liability company or sole proprietorship registered pursuant to NRS 628.335; or
(3) A natural person granted practice
privileges pursuant to NRS 628.315.
(Added to NRS by 2005, 250; A 2009, 322)
NRS 628.440 Employees and assistants of accountants. This chapter does not prohibit any person from
serving as an employee of, or an assistant to, a certified public accountant or
registered public accountant who holds a live permit, or a partnership,
corporation or limited-liability company composed of certified public accountants
or registered public accountants registered pursuant to NRS
628.360, 628.363 or 628.365
if the employee or assistant does not issue any accounting or financial
statement over his or her name.
(Added to NRS by 1960, 173; A 1971, 746; 1981, 1394; 1989, 1605; 1995, 1481; 2007, 2723; 2009, 324)
UNLAWFUL ACTS; INJUNCTIVE RELIEF; PENALTIES
NRS 628.450 Unlawful use of designation “certified public accountant” or
“C.P.A.” A natural person shall
not assume or use the title or designation “certified public accountant” or the
abbreviation “C.P.A.” or any other title, designation, words, letters,
abbreviation, sign, card or device tending to indicate that he or she is a
certified public accountant unless the person:
1. Has received a certificate as a
certified public accountant under NRS 628.190 to 628.310, inclusive, holds a live permit and all of the
person’s offices in this State for the practice of public accounting are
maintained and registered as required under NRS 628.370;
or
2. Is a natural person granted practice
privileges pursuant to NRS 628.315.
(Added to NRS by 1960, 173; A 1981, 1395; 1987, 1313; 2009, 324)
NRS 628.460 Unlawful use of designation “certified public accountant” or
“C.P.A.” by partnership, corporation, limited-liability company or sole
proprietorship. A partnership,
corporation, limited-liability company or sole proprietorship shall not assume
or use the title or designation “certified public accountant” or the
abbreviation “C.P.A.” or any other title, designation, words, letters, abbreviation,
sign, card or device tending to indicate that the partnership, corporation,
limited-liability company or sole proprietorship is composed of certified
public accountants unless the partnership, corporation, limited-liability
company or sole proprietorship is:
1. Registered as a partnership,
corporation, limited-liability company or sole proprietorship of certified
public accountants and all offices of the partnership, corporation,
limited-liability company or sole proprietorship in this State for the practice
of public accounting are maintained and registered as required under NRS 628.370; or
2. Performing services within the practice
of public accounting pursuant to the provisions of subsection 3 of NRS 628.335.
(Added to NRS by 1960, 173; A 1971, 746; 1981, 1395; 1995, 1482; 2009, 325)
NRS 628.470 Unlawful use of designation “public accountant” or “registered
public accountant.” A natural
person shall not assume or use the title or designation “public accountant,”
“registered public accountant” or any other title, designation, words, letters,
abbreviation, sign, card or device tending to indicate that he or she is a
public accountant unless the person:
1. Is a registered public accountant,
holds a live permit and all of the person’s offices in this State for the
practice of public accounting are maintained and registered as required under NRS 628.370;
2. Has received a certificate as a
certified public accountant under NRS 628.190 to 628.310, inclusive, holds a live permit and all of the
person’s offices in this State for the practice of public accounting are
maintained and registered as required under NRS 628.370;
or
3. Is a natural person granted practice
privileges pursuant to NRS 628.315.
(Added to NRS by 1960, 174; A 1981, 1396; 1987, 1313; 2009, 325)
NRS 628.480 Unlawful use of designation “public accountant” by partnership,
corporation, limited-liability company or sole proprietorship. A partnership, corporation, limited-liability
company or sole proprietorship shall not assume or use the title or designation
“public accountant” or any other title, designation, words, letters,
abbreviation, sign, card or device tending to indicate that the partnership,
corporation, limited-liability company or sole proprietorship is composed of
public accountants unless the partnership, corporation, limited-liability
company or sole proprietorship is:
1. Registered as a partnership,
corporation, limited-liability company or sole proprietorship of registered
public accountants or as a partnership, corporation, limited-liability company
or sole proprietorship of certified public accountants and all offices of the
partnership, corporation, limited-liability company or sole proprietorship in
this State for the practice of public accounting are maintained and registered as
required under NRS 628.370; or
2. Performing services within the practice
of public accounting pursuant to the provisions of subsection 3 of NRS 628.335.
(Added to NRS by 1960, 174; A 1971, 747; 1981, 1396; 1995, 1482; 2009, 325)
NRS 628.490 Unlawful use of designation or abbreviation likely to confuse
public; use of “accountant,” “auditor” and “certified public accountant.”
1. Except as otherwise provided in
subsection 2 and NRS 628.450 to 628.480, inclusive, a person, partnership,
corporation, limited-liability company or sole proprietorship shall not assume
or use the title or designation “certified accountant,” or any other title or
designation likely to be confused with “certified public accountant” or “public
accountant,” or any of the abbreviations “C.A.” or “P.A.” or similar
abbreviations likely to be confused with “C.P.A.”
2. Anyone who:
(a) Holds a live permit pursuant to NRS 628.380 or is registered as a partnership,
corporation, limited-liability company or sole proprietorship pursuant to the
provisions of this chapter and all of whose offices in this State for the
practice of public accounting are maintained and registered as required under NRS 628.370;
(b) Has been granted practice privileges pursuant
to NRS 628.315; or
(c) Is performing services within the practice of
public accounting pursuant to the provisions of subsection 3 of NRS 628.335,
Ê may hold
himself or herself out to the public as an “accountant,” “auditor” or
“certified public accountant.”
(Added to NRS by 1960, 174; A 1971, 747; 1981, 1396; 1995, 1483; 2009, 325)
NRS 628.510 Conditions under which affixing name to wording which indicates
person is accountant or auditor is unlawful.
1. Except as otherwise provided in subsection
2, a person shall not sign or affix his or her name or the name of a
partnership, corporation, limited-liability company or sole proprietorship, or
any trade or assumed name used by the person or by the partnership,
corporation, limited-liability company or sole proprietorship in business, with
any wording indicating that he or she is an accountant or auditor, or that the
partnership, corporation, limited-liability company or sole proprietorship is
authorized to practice as an accountant or auditor or with any wording
indicating that the person or the partnership, corporation, limited-liability
company or sole proprietorship has expert knowledge in accounting or auditing,
to any accounting or financial statement, or attest to any accounting or
financial statement, unless:
(a) The person holds a live permit or the
partnership, corporation, limited-liability company or sole proprietorship is
registered pursuant to NRS 628.335, 628.360, 628.363 or 628.365 and all of the person’s offices in this State
for the practice of public accounting are maintained and registered under NRS 628.370;
(b) The person is a natural person granted
practice privileges pursuant to NRS 628.315; or
(c) The partnership, corporation,
limited-liability company or sole proprietorship is performing services within
the practice of public accounting pursuant to the provisions of subsection 3 of
NRS 628.335.
2. The provisions of subsection 1 do not
prohibit:
(a) Any officer, employee, partner, principal or
member of any organization from affixing his or her signature to any statement or
report in reference to the financial affairs of that organization with any
wording designating the position, title or office which he or she holds in the
organization.
(b) Any act of a public official or public
employee in the performance of his or her duties as such.
(c) Any person who does not hold a live permit
from preparing a financial statement or issuing a report if the statement or
report, respectively, includes a disclosure that:
(1) The person who prepared the statement
or issued the report does not hold a live permit issued by the Board; and
(2) The statement or report does not
purport to have been prepared in compliance with the professional standards of
accounting adopted by the Board.
(Added to NRS by 1960, 174; A 1981, 1396; 1995, 1483; 1999, 1705; 2009, 326)
NRS 628.520 Conditions under which affixing name of partnership,
corporation, limited-liability company or sole proprietorship to wording which
indicates partnership, corporation, limited-liability company or sole
proprietorship is composed of accountants or auditors is unlawful. A person shall not sign or affix the name of a
partnership, corporation, limited-liability company or sole proprietorship with
any wording indicating that it is a partnership, corporation, limited-liability
company or sole proprietorship composed of accountants or auditors or persons
having expert knowledge or special expertise in accounting or auditing, to any
accounting or financial statement, or attest to any accounting or financial
statement, unless the partnership, corporation, limited-liability company or
sole proprietorship is:
1. Registered pursuant to NRS 628.335, 628.360, 628.363 or 628.365 and all
of its offices in this State for the practice of public accounting are
maintained and registered as required under NRS 628.370;
or
2. Performing services within the practice
of public accounting pursuant to the provisions of subsection 3 of NRS 628.335.
(Added to NRS by 1960, 175; A 1971, 747; 1981, 1397; 1995, 1483; 2009, 327)
NRS 628.540 Unlawful acts by partnership, corporation, limited-liability
company or sole proprietorship that is unregistered or performing services
outside authorized practice of public accounting or by person without permit or
practice privileges.
1. Except as otherwise provided in
subsection 2, a person, partnership, corporation, limited-liability company or
sole proprietorship shall not engage in the practice of public accounting or
hold himself, herself or itself out to the public as an “accountant” or
“auditor” by use of either or both of those words, or by use of the word
“accounting,” on any sign, card, letterhead or in any advertisement or
directory unless:
(a) If a natural person, he or she holds a live
permit or has been granted practice privileges pursuant to NRS 628.315; or
(b) If a partnership, corporation, limited-liability
company or sole proprietorship, it is registered pursuant to NRS 628.335, 628.360, 628.363 or 628.365 or is
performing services within the practice of public accounting pursuant to the
provisions of subsection 3 of NRS 628.335.
2. The provisions of subsection 1 do not
prohibit:
(a) Any officer, employee, partner, shareholder,
principal or member of any organization from describing himself or herself by
the position, title or office he or she holds in that organization.
(b) Any act of a public official or public
employee in the performance of his or her duties as such.
(Added to NRS by 1960, 175; A 1971, 747; 1981, 1397; 1995, 1483; 2009, 327)
NRS 628.550 Unlawful use of title or designation which falsely indicates or
implies existence of partnership, corporation or limited-liability company;
misleading name.
1. A person shall not assume or use the
title or designation “certified public accountant” or “public accountant” in
conjunction with names indicating or implying that there is a partnership,
corporation or limited-liability company, or in conjunction with the
designation “and Company” or “and Co.” or a similar designation, if there is in
fact no bona fide partnership, corporation or limited-liability company:
(a) Registered under NRS
628.335, 628.360, 628.363
or 628.365; or
(b) Performing services within the practice of
public accounting pursuant to the provisions of subsection 3 of NRS 628.335.
Ê A sole
proprietor or partnership lawfully using a title or designation in conjunction
with any names or designation on April 1, 1960, may continue to do so if the
sole proprietor or partnership otherwise complies with the provisions of this
chapter.
2. A person, partnership, corporation or
limited-liability company shall not engage in the practice of public accounting
under any name which is misleading as to:
(a) The legal form of the firm;
(b) The persons who are partners, officers,
shareholders or members; or
(c) Any other matter.
Ê The names of
past partners, shareholders or members may be included in the name of a firm or
its successors.
(Added to NRS by 1960, 175; A 1971, 748; 1981, 1397; 1995, 1484; 2009, 327)
NRS 628.560 Prima facie evidence of violation.
1. The display or uttering by a person of
a card, sign, advertisement or other printed, engraved or written instrument or
device, bearing a person’s name in conjunction with the words “certified public
accountant” or any abbreviation thereof, or “public accountant” or any
abbreviation thereof, shall be prima facie evidence in any action brought under
NRS 628.570 or 628.580
that the person whose name is so displayed caused or procured the display or
uttering of such card, sign, advertisement or other printed, engraved or
written instrument or device, and that such person is holding himself or
herself out to be a certified public accountant or a public accountant holding
a permit to practice under NRS 628.380.
2. In any such action evidence of the
commission of a single act prohibited by this chapter shall be sufficient to
justify an injunction or a conviction without evidence of a general course of
conduct.
(Added to NRS by 1960, 176)
NRS 628.570 Injunction; restraining order; issuance without bond. Whenever in the judgment of the Board any
person has engaged, or is about to engage, in any acts or practices which
constitute, or will constitute, a violation of NRS
628.435 or 628.450 to 628.550,
inclusive, the Board may make application to an appropriate court for an order
enjoining the acts or practices, and upon a showing by the Board that the
person has engaged, or is about to engage, in any of those acts or practices,
an injunction, restraining order or such order as may be appropriate must be
granted by the court without a bond.
(Added to NRS by 1960, 176; A 2005, 255)
NRS 628.580 Penalty for violation.
1. Any person who violates any provision
of NRS 628.435 or 628.450
to 628.550, inclusive, is guilty of a misdemeanor.
2. Whenever the Board has reason to
believe that any person is liable to punishment under this section it may
certify the facts to the Attorney General or other appropriate enforcement
officer, who may, in his or her discretion, cause appropriate proceedings to be
brought.
(Added to NRS by 1960, 176; A 1967, 640; 2005, 255)
