West Virginia Code 30-9-17 – Issuance and renewal of permits
(a) The board shall grant or renew permits to firm applicants that demonstrate their qualifications in accordance with this section.
Terms Used In West Virginia Code 30-9-17
- Attest services: means providing the following services:
(A) . See West Virginia Code 30-9-2
- Board: means the West Virginia Board of Accountancy. See West Virginia Code 30-9-2
- Certificate: means a certificate as a certified public accountant issued or renewed by the board pursuant to this article or corresponding provisions of prior law. See West Virginia Code 30-9-2
- Client: means a person or entity that agrees with a licensee or licensee&rsquo. See West Virginia Code 30-9-2
- Compilation services: means providing a service performed in accordance with the statements on Standards for Accounting and Review Services that presents, in the form of a financial statement, information that is the representation of management without an expression of assurance on the statement: Provided, That this definition does not apply to the use of the term "compilation" in section thirty-one of this article. See West Virginia Code 30-9-2
- Firm: means any business entity, including, but not limited to, accounting corporations and professional limited liability companies, in which two or more certified public accountants or public accountants hold an ownership or membership interest, in terms of the financial interests and voting rights of all partners, officers, shareholders, members or managers, and the primary business activity of which is the provision of professional services to the public by certified public accountants or public accountants. See West Virginia Code 30-9-2
- Firm ownership requirements: means , with respect to:
(A) Any professional limited liability company organized pursuant to article thirteen, chapter . See West Virginia Code 30-9-2
- Home office: means the client&rsquo. See West Virginia Code 30-9-2
- Manager: means a manager of a professional limited liability company. See West Virginia Code 30-9-2
- Member: means a member of a professional limited liability company. See West Virginia Code 30-9-2
- Out-of-state permit: means a valid permit as a firm of certified public accountants or another designation equivalent to a permit issued or renewed by the board and that is issued or renewed under the laws of another state. See West Virginia Code 30-9-2
- Peer Review: means a study, appraisal or review of one or more aspects of the professional work of a licensee by a person who holds a certificate or an out-of-state certificate and who is not affiliated with the licensee being reviewed. See West Virginia Code 30-9-2
- Permit: means a permit issued to a firm pursuant to this article. See West Virginia Code 30-9-2
- Principal place of business: means the licensee&rsquo. See West Virginia Code 30-9-2
- Professional services: means those services that involve the specialized knowledge and skills of a certified public accountant or a public accountant delivered by any means, including but not limited to, in person, by mail, telephone or by electronic means. See West Virginia Code 30-9-2
- Public accountant: means a person holding a registration who is not a certified public accountant. See West Virginia Code 30-9-2
- Registration: means a registration as a public accountant issued by the board pursuant to prior law governing the registration of public accountants and renewed by the board pursuant to this article. See West Virginia Code 30-9-2
- Rule: means any rule proposed for legislative approval by the board pursuant to this article. See West Virginia Code 30-9-2
- State: means any state of the United States, the District of Columbia, Puerto Rico, the U. See West Virginia Code 30-9-2
(b) Firms meeting the following criteria must hold a permit issued under this section:
(1) Any firm with an office in this state performing attest or compilation services;
(2) Any firm with an office in this state that uses the title "CPA" or "CPA firm"; or
(3) Any firm that does not have an office in this state but performs attest services described in subdivisions (A), (C) or (D), subsection (3), section two of this article for a client having its home office in this state.
(c) A firm that does not have an office in this state may perform services described in subdivision (B), subsection (3), section two of this article, or subsection (12), section two of this article, for a client having its home office in this state and may use the title "CPA" or "CPA firm" without a permit issued under this section only if it meets firm ownership requirements and is undergoing a peer review program that conforms with applicable rules, and performs the services through an individual with practice privileges under section sixteen of this article.
(d) A firm that does not have an office in this state and does not perform attest services or compilation services for a client having its home office in this state may perform other professional services while using the title "CPA" or "CPA firm" in this state without a permit issued under this section only if it performs the services through an individual with practice privileges under section sixteen of this article: Provided, That the firm may lawfully perform the services in the state where the individuals with practice privileges have their principal place of business.
(e) Applicants for a permit must demonstrate that:
(1) Each partner, officer, shareholder, member or manager of the firm whose principal place of business is in this state and who performs or offers to perform professional services in this state holds a certificate or a registration; and
(2) The firm meets firm ownership requirements.
(f) An application for the issuance of a permit must be made in the form specified by the board by rule and must include the following information:
(1) The names of all partners, officers, shareholders, members or managers of the firm whose principal place of business is in this state;
(2) The location of each office of the firm within this state and the name of the certified public accountant or public accountant in charge of each office; and
(3) Any issuance, denial, revocation or suspension of an out-of-state permit.
(g) Permits will initially be issued for a period to expire on June 30 following the date of issue.
(h) The board shall renew a permit for a one-year period beginning on July 1, of each year after initial issuance in accordance with the requirements for initial issuance of a permit in this section.
(i) The board shall charge an application fee for the initial issuance or renewal of a permit in an amount specified by rule.