W. Va. Code R. § 1-1-5 - Reciprocal Substantial Equivalency Certificate Requirements

Current through Register Vol. XXXIX, No. 11, March 18, 2022

5.1. Certified public accountants or their equivalent from other jurisdictions who intend to perform accounting services in this state and are either (1) a resident of this state, (2) have established a business in this state, or (3) are an employee of a firm or business entity in this state shall first make application for a reciprocal substantial equivalency certificate and meet the applicable qualifications below:
5.1.a. Reciprocal Substantially Equivalent Certificate Requirements for Substantial Equivalency Practitioners. The Board shall issue a reciprocal substantially equivalent certificate to an applicant of good moral character who holds a valid out-of-state certificate if the state of issuance has certified public accountant certification requirements that are substantially equivalent or the individual has qualifications substantially equivalent to the certified public accountant certification requirements of the Uniform Accountancy Act.
5.1.b. Reciprocal Substantially Equivalent Certificate Requirements for Not Substantially Equivalent Practitioners. The Board shall issue a reciprocal substantially equivalent certificate to an applicant of good moral character who holds a valid out-of-state certificate but who does not qualify for a certificate under the provision of W. Va. Code § 30-9-9, if the applicant meets the following education, experience, examination and continuing education requirements:
5.1.b.1. The applicant passed the examination required for issuance of the applicant's certificate with grades that would have been passing grades at the time in this state;
5.1.b.2. Within the ten year period immediately preceding the application and after passing the examination upon which the applicant's certificate in the other state was based, the applicant has had one year of experience outside of this state of the type described in W. Va. Code § 30-9-8(3) and/or subdivision 4.1.c. of this Rule; and
5.1.b.3. If the applicant's out-of-state certificate was issued more than four years prior to the application for issuance of a certificate under this Section, that the applicant has fulfilled the continuing professional education requirements that would have been applicable under W. Va. Code § 30-9-12(b) and subsection 7.3. of this Rule.
5.1.c. Reciprocal Substantially Equivalent Certificate Requirements for Foreign Designations. The Board shall issue a reciprocal substantially equivalent certificate to an applicant of good moral character who holds a foreign designation in public accountancy if:
5.1.c.1. the foreign authority which granted the designation makes similar provision to allow a person who holds a valid certificate issued by this State to obtain such foreign authority's comparable designation;
5.1.c.2. the foreign designation:
5.1.c.2.A. was duly issued by a foreign authority that regulates the practice of public accountancy and has not expired or been revoked or suspended;
5.1.c.2.B. entitles the holder to issue reports upon financial statements; and
5.1.c.2.C. was issued upon the basis of educational, examination, and experience requirements established by the foreign authority or by law that are substantially equivalent to those contained in the Uniform Accountancy Act; and
5.1.c.3. the applicant:
5.1.c.3.A. received the designation, based on educational and examination standards substantially equivalent to those in effect in this State at the time the foreign designation was granted;
5.1.c.3.B. completed an experience requirement, substantially equivalent to the requirement set out in subdivision 4.1.c. of this Rule, in the jurisdiction which granted the foreign designation; or meets equivalent requirements prescribed by the Board by rule, within the ten years immediately preceding the application; and
5.1.c.3.C. passed a uniform qualifying examination in national standards and an examination on the laws, rules and code of ethical conduct in effect in this state acceptable to the Board.
5.1.c.4. An applicant under this Section shall in the application list all jurisdictions, foreign and domestic, in which the applicant has applied for or holds a designation to practice public accountancy, and each holder of a certificate issued under this subsection shall notify the Board in writing, within thirty days after its occurrence, of any issuance, denial, revocation or suspension of a designation or commencement of a disciplinary or enforcement action by any jurisdiction.
5.1.d. Reciprocal Substantial Equivalency Certificate Requirements for a Holder of an Out-of-State Certificate Establishing a Place of Business in this State.
5.1.d.1. A holder of an out-of-state certificate who intends to establish an office in this state shall first apply to the Board for the issuance of a reciprocal substantial equivalency certificate.
5.1.d.2. Until the applicant has applied for and received a certificate, he or she may not establish a place of business in this state.

Notes

W. Va. Code R. § 1-1-5

The following state regulations pages link to this page.



State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.