(a) Financial statements filed as required by this subchapter are not required to be certified by an independent certified public accountant or independent public accountant if:
(1) the fiscal year of the issuer of the securities to be qualified for sale ended on a date earlier than the 90th day before the date of the filing; and
(2) financial statements in addition to those required by this subchapter are filed that:
(A) contain the information required by § 4003.003; and
(B) are certified by an independent certified public accountant or independent public accountant as of the end of the issuer’s preceding fiscal year.
(b) Instead of being audited and certified, the financial statements described by § 4003.003 of a small business issuer, as defined by board rule, that meets all other requirements the board by rule or order prescribes, conditionally or unconditionally, may be reviewed by an independent certified public accountant in accordance with the Statements on Standards for Accounting and Review Services promulgated by the American Institute of Certified Public Accountants.