(a) Each person who is engaged in the practice of certified public accountancy and whose principal place of business is in this State, whether as a principal or employee of a firm, shall be required to obtain and maintain a valid permit to practice certified public accountancy. The permit to practice as a certified public accountant shall be granted to persons who meet the education, experience, lack of disqualifying conviction and examination requirements of the following subsections of this section and rules adopted thereunder and who make application therefore pursuant to § 108 of this title.

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Terms Used In Delaware Code Title 24 Sec. 107

  • Conviction: A judgement of guilt against a criminal defendant.
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Quorum: The number of legislators that must be present to do business.
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
  • United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
  • Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302

(b) (1) The applicant has not been convicted of a crime that is substantially related to the practice of accountancy; however, if after consideration of the factors set forth under § 8735(x)(3) of Title 29, through a hearing or review of documentation, the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board, by an affirmative vote of a majority of the quorum, shall waive this subsection.

(2) Notwithstanding the limitation in § 8735(x)(4)d. of Title 29, the Board may consider convictions for financial sector crimes such as bribery, embezzlement, identity theft, racketeering, money laundering, terrorist financing, fraud (including fraudulent financial reporting) and tax evasion regardless of the time that has passed since conviction.

(3)-(4) [Repealed.]

(c) The applicant has completed at least 150 semester hours of college education including a baccalaureate or higher degree conferred by an accredited college or university acceptable to the Board, the total educational program to include an accounting concentration or equivalent as determined by Board rule to be appropriate;

(d) The applicant has successfully passed the Uniform Certified Public Accountant Examination and/or such successor examinations as may be required to qualify for a permit to practice, provided that the applicant may not sit for said exams until that applicant has successfully completed at least 120 semester hours of college education including a baccalaureate or higher degree conferred by an accredited college or university acceptable to the Board, the total educational program to include an accounting concentration or equivalent as determined by Board rule to be appropriate;

(e) The applicant has successfully passed the AICPA self-study course and examination in professional ethics; and

(f) The applicant has had 1 year of experience. This experience shall include providing any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax or consulting skills all of which was supervised by a United States certified public accountant, meeting requirements prescribed by the Board by rule. This experience would be acceptable if it was gained through employment in government, industry, academia or public practice.

27 Del. Laws, c. 98, § ?3; Code 1915, § ?982; 32 Del. Laws, c. 48, §§ ?2, 3; Code 1935, § ?1093; 45 Del. Laws, c. 82, § ?1; 24 Del. C. 1953, § ?104; 50 Del. Laws, c. 167, § ?2; 55 Del. Laws, c. 193; 58 Del. Laws, c. 511, § ?49; 60 Del. Laws, c. 198, § ?1; 65 Del. Laws, c. 167, § ?1; 70 Del. Laws, c. 186, § ?1; 71 Del. Laws, c. 139, § ?1; 72 Del. Laws, c. 468, § ?1; 74 Del. Laws, c. 262, § ?3; 75 Del. Laws, c. 128, § ?3; 75 Del. Laws, c. 436, § ?1; 76 Del. Laws, c. 418, §§ ?4-12; 77 Del. Laws, c. 199, § ?1; 78 Del. Laws, c. 44, §§ ?1, 2; 80 Del. Laws, c. 247, § 1; 83 Del. Laws, c. 433, § 3;