201 KAR 1:081. Initial firm license, renewal, and reinstatement.

 

      RELATES TO: KRS 325.220, 325.301, 325.380.

      STATUTORY AUTHORITY: KRS 325.240,

325.301.

      NECESSITY, FUNCTION, AND CONFORMITY: KRS

325.301 establishes the standards for the initial issuance and renewal of a

license for a certified public accounting firm. This administrative regulation

establishes the procedures for firms to obtain and renew a license to practice

as required by KRS 325.301.

 

      Section 1. Definitions. (1) "Certified

public accountant owner" means a certified public accountant with a

current and active license to practice issued by a state board of accountancy

and who is operating a public accounting firm as a:

      (a) Shareholder in a professional service

corporation or corporation;

      (b) Partner in a partnership or

registered limited liability partnership;

      (c) Member of a limited liability company;

or

      (d) Sole proprietor, beginning August 1,

2012.

      (2) "Firm" means the business

entities defined in KRS 325.220(6).

      (3) "Firm manager" means a CPA as

defined in KRS 325.220(7).

      (4) "Nonlicensed owner of the firm"

means a person referred to in KRS 325.301(3)(b).

 

      Section 2. To obtain an initial license

to practice, the firm manager shall submit:

      (1) A completed "Initial Firm License"

form; and

      (2) A check or money order made payable

to the "Kentucky State Board of Accountancy" in the amount of $100.

 

      Section 3. Effective August 1, 2012, a

sole proprietor shall obtain a public accounting firm license according to the

procedures contained in Section 2 of this administrative regulation.

 

      Section 4. A certified public accountant

shall:

      (1) Have ultimate responsibility for all

services provided by the firm;

      (2) Have ultimate authority over any

unit, division, or branch of the firm that performs attest services; and

      (3) Comply with the "Statement on

Quality Control Standards", June 2000, issued by the American Institute of

Certified Public Accountants Auditing Standards Board, as incorporated by

reference.

 

      Section 5. A nonlicensed owner of the

firm shall not sell or otherwise transfer any ownership interest in the firm to

any person who fails to satisfy the requirements of KRS 325.301(3).

 

      Section 6. Renewal of a Firm License. (1)

Except as provided in subsection (2) of this section, a firm manager shall

renew a firm license by:

      (a) Using the online "Firm License

Renewal System" offered by the board at www.cpa.ky.gov; and

      (b) Paying a renewal fee in the amount of

$100.

      (2) If a firm manager is unable to use

the online procedure, he or she shall:

      (a) Submit a written request to obtain a

paper copy of the Firm License Renewal form to the Kentucky State Board of Accountancy,

332 W. Broadway, Suite 310, Louisville, Kentucky 40202;

      (b) Complete and submit the form to the

board; and

      (c) Submit a check or money order made

payable to the Kentucky State Board of Accountancy in the amount of $100.

      (3) Effective August 1, 2012, a sole

proprietor shall renew his or her firm license according to the procedures

contained in this section.

      (4) Failure to receive a notice to renew

shall not constitute an adequate excuse for failing to renew the firm license.

 

      Section 7. (1) A firm manager who fails

to renew the firm license by the August 1 deadline shall renew the license on

or before September 1 by:

      (a) Utilizing the online "Firm

License Renewal System" offered by the board at www.cpa.ky.gov;

      (b) Paying the $100 renewal fee; and

      (c) Paying a $100 late fee.

      (2) A firm manager shall correct any

outdated or inaccurate information listed on the "Firm License Renewal

System" except for a change in the name of the firm..

 

      Section 8. A firm license that expired on

July 1, 2011 shall be renewed by the firm manager utilizing the process

described in Section 6 of this administrative regulation.

 

      Section 9. A firm is prohibited from

operating and holding out as a CPA firm if the firm license is expired for a

period of more than one (1) month.

 

      Section 10. Changes in firm information. A

firm manager shall notify the board within thirty (30) days of any changes to

the licensing information on file with the board by submitting a "Firm

Changes" form.

 

      Section 11.(1) Upon the death or

retirement of a firm member which is composed of only two (2) certified public

accountant owners, the board shall authorize the continuation of the use of the

firm name by the surviving certified public accountant owner for a period of

time not to exceed two (2) years from the date of the certified public

accountant owner's death or retirement.

      (2) The remaining certified public

accountant owner shall advise the board in writing of this change within thirty

(30) days of its occurrence.

 

      Section 12. The firm name registered with

the board shall be the firm name used in all circumstances.

 

      Section 13.(1) The following material is

incorporated by reference:

      (a) "Instate Initial Firm License

Application", 2012;

      (b) "Firm Change Form" 2012;

      (c) "Firm Online License Renewal

Process", 2012;

      (d) "Firm License Renewal", 2012;

and

      (e) "Statement on Quality Control

Standards", January 2000.

      (2) This material may be inspected,

copied, or obtained, subject to applicable copyright law, at the State Board of

Accountancy, 332 W. Broadway, Suite 310, Louisville, Kentucky 40202, Monday

through Friday, between 8 a.m. and 4:30 p.m. (20 Ky.R. 3343; Am.

21 Ky.R. 307; eff. 8-4-1994; 27 Ky.R. 589; eff. 10-16-2000; 38 Ky.R. 1465;

1834; eff. 6-1-2012.)