Nrs: Chapter 628 - Accountants

Link to law: https://www.leg.state.nv.us/NRS/NRS-628.html
Published: 2015

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[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)