The New York State Society of CPA's is providing members and the public with information on New York State's accountancy reform law, which took effect July 26, 2009. The law also includes a mandatory quality review provision for certain New York firms that becomes effective Jan. 1, 2012.
On Jan. 27, 2009, Governor David A. Paterson signed into law a bill that makessweeping regulatory changes to the accountancy profession in New York State.
The law expands the definition of public accountancy to include CPAs who provide tax, management and financial advisory services; and CPAs working in industry, academia and government. All of these CPAs, now that they will be considered to be practicing public accountancy, must register with the State EducationDepartment and complete continuing professional education courses.
State Education Department Emergency Regulations that were approved by N.Y. Board of Regents Dec. 15, 2009. The New York State Board of Regents voted to adopt revised emergency regulations on Oct. 19. These regulations implement the provisions of the law and the A11696-A Bill Text, which includes the objectives of the law. The Officeof the Professions regulates 48 licensed professions in New York state, including certified pubilc accountancy.
The new law requires an out-of-state CPA whose principal place of business is New York state to be licensed in New York. However, out-of-state CPAs practicing nonattest services in New York state do not need to be licensed or registered in New York state if their principal place ofbusiness is not located in New York state. These CPAs, however, will be subject to the disciplinary authority of the New York State Board of Regents.
For out-of-state CPAs whose principal place of business is not New York, but who provide attest and compilation services in New York state, the law is stricter due to the public protection issues that arise when it comes to attest and compilationservices that provide the public with information on the financial health of state and local governments and public companies. For those out-of-state CPAs who provide attest or compilation services in New York for a short period of time, there is the temporary practice permit.
To obtain a permit, a CPA must hold a valid license from another state that the Board of Regents has determined to havesignificantly comparable licensure requirements to New York, or be a CPA whose licensure qualifications are deemed by the SED to be significantly comparable to New York’s, as well as be in good standing. Temporary practice permits are good for 180 days during a 12-month period beginning on the effective date of the permit. They can be renewed a maximum of three times, and the applicant canpractice no more than four years within a five-year period. Under the new accountancy law, out-of-state CPAs may perform nonattest services in New York without a temporary practice permit and without giving any notice to the SED.
The Board of Regents and University of the State of New York
The Board of Regents, on the recommendation of the Commissioner of Education, appointsa State Board for each licensed profession to advise and assist the Board of Regents and the State Education Department on matters of professional regulation. The Board of Regents also appoints a Committee for Professional Assistance to advise them on matters relating to practice by professional licensees with alcohol or other drug abuse problems. The 29 State Boards for the Professions and theCommittee for Professional Assistance are comprised of professional members and one or more representatives of the general public. The composition of each board and the Committee is specified in Title VIII of Education Law. In addition, Board and Committee composition should reflect the State's regions, cultural diversity, and the various aspects of the professions.
Professional board members...