S07849
STATE OF NEW YORK
________________________________________________________________________
7849
IN SENATE
August 5, 2002
___________
Introduced by Sen. SPANO -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the education law, in relation to the registration of
accounting firms
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Section 7408 of the education law, as added by chapter 987
2 of the laws of 1971, the opening paragraph of subdivision 1 and subdivi-
3 sion 2 as amended by chapter 994 of the laws of 1971 and paragraph e of
4 subdivision 1 as amended by chapter 62 of the laws of 1989, is amended
5 to read as follows:
6 § 7408. [Special provisions] Registration of accounting firms. 1.
7 Nothing contained in this article shall be deemed to prohibit a single
8 certified public accountant or public accountant, or two or more certi-
9 fied public accountants, or two or more public accountants, or any
10 combination thereof, from forming a [partnership] firm; provided, howev-
11 er, that no [partnership] firm shall use the words "certified public
12 accountants" or the letters "C.P.A.'s" in connection with its name
13 unless such single certified public accountant, each partner of [such]
14 any partnership, [resident or engaged within the United States] each
15 shareholder of a professional service corporation, or each member of a
16 professional service limited liability company in practice is in good
17 standing as a certified public accountant of one or more of the states
18 or political subdivisions of the United States, and each [partner there-
19 of] such person resident or engaged in practice within the state is
20 licensed under this article.
21 a. A registration shall be issued to a [partnership] firm upon payment
22 of the fee prescribed by the commissioner upon application showing that:
23 (1) At least one owner, partner, shareholder, or member of such [part-
24 nership] firm is licensed under this article and his or her license to
25 practice is not currently suspended, annulled, or revoked in any juris-
26 diction, and he or she is regularly engaged in practice on behalf of the
27 [partnership] firm within the state; and
28 (2) [The partnership consists of at least two present members; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15878-04-2
S. 7849 2
1 (3)] The [partnership] firm contains at least as many present owners,
2 partners, shareholders, or members as the total number of names in the
3 firm name, or, where the word "company" or abbreviation "co." is used,
4 the number of present owners, partners, shareholders, or members shall
5 be greater than the number of names in the firm name.
6 b. Such registration may be revoked after a hearing conducted in
7 accordance with the provisions of section sixty-five hundred ten of this
8 title upon proof:
9 (1) That the registration was obtained by either misrepresentation or
10 suppression of any material fact;
11 (2) That the license or authorization to practice of any owner, part-
12 ner, shareholder, or member is suspended, annulled, or revoked in any
13 jurisdiction;
14 (3) That any owner, partner, shareholder, or member in such a [part-
15 nership] firm is or has been engaged in the practice of public accoun-
16 tancy in this state who is not licensed in this state; [or]
17 (4) That the [partnership] firm failed to file the written notifica-
18 tion required pursuant to paragraph d of this subdivision [of this
19 section.]; or
20 (5) The firm is in violation of subdivision three of this section.
21 c. Personal service [on any general partner] of a notice of hearing to
22 revoke a [partnership registered] firm registration hereunder shall be
23 [deemed service on the partnership] made in accordance with law.
24 d. A [partnership] firm registered to practice pursuant to this
25 section shall file with the department on or before July first of each
26 year written notification of:
27 (1) Any admission of a new owner, partner, shareholder, or member,
28 (2) Any retirement or death of [a] an owner, partner, shareholder, or
29 member,
30 (3) Any termination or dissolution of [partnership] the firm, or
31 (4) Any occurrence of any event or events which would eliminate as to
32 such [partnership] firm conformity with the applicable requirements of
33 this section.
34 e. [Partnerships] Firms shall register triennially and pay a fee of
35 fifty dollars.
36 2. Any person shall be guilty of a class A misdemeanor who shall use,
37 in connection with the practice of public accountancy, or in any manner
38 tending to imply that he or she is an independent accountant or auditor,
39 the designations "chartered accountant", "certified accountant", "expert
40 accountant", "certified tax accountant", "tax accountant", "enrolled
41 accountant", "enrolled public accountant", "registered accountant",
42 "licensed accountant", "incorporated accountant", "registered public
43 accountant", "licensed public accountant", or any abbreviation thereof,
44 or the letters "C.A.", "E.A.", "C.T.A.", "T.A.", "E.P.A.", "R.A.",
45 "L.A.", "I.A.", "P.A.", "R.P.A.", or, "L.P.A.", except as provided else-
46 where in this article, or any other designation tending to imply that he
47 or she has expert knowledge in accounting or auditing.
48 3. It shall be prohibited for any accounting firm, as defined in
49 subdivision one of this section, that performs audit and attest services
50 for a client, to perform or offer to perform any other professional
51 service to such client. The commissioner may define in rules and regu-
52 lations the term "any other professional service," as used in this
53 subdivision.
54 § 2. This act shall take effect on the first day of April next
55 succeeding the date on which it shall have become a law.
NEW YORK STATE SENATE
INTRODUCER'S MEMORANDUM IN SUPPORT
submitted in accordance with Senate Rule VI. Sec 1
RETRIEVE BILL
BILL NUMBER: S7849
SPONSOR: SPANO
TITLE OF BILL: An act to amend the education law, in relation to the
registration of accounting firms
PURPOSE: This bill would require registration of accounting firms with
the State Education Department, and prohibit accounting firms that
perform audit and attest services to perform other professional
services, as defined by the Department of Education, to such client.
SUMMARY OF PROVISIONS: Amends section 4708 of the Education Law to
require registration of accounting firms with the State Education
Department, prohibit accounting firms that perform audit and attest
services to perform other professional services, as defined by the
Department of Education, to such client.
JUSTIFICATION: Under current law, only accounting partnerships are
required to be registered by the state through the State Education
Department. This bill would require all accounting firms, whether single
member firms or large international firms that perform accounting prac-
tices in this state to be registered with the state. Additionally, the
bill will prohibit firms that perform audit and attest services for a
client to perform other professional services, as defined by the Depart-
ment, for such client. By assuring the proper oversight of these firms,
and eliminating conflicts that exist where accounting firms perform both
oversight and attest services and other professional services, the
consumers of the State of New York that rely on accounting professionals
will be assured of accountability.
LEGISLATIVE HISTORY: New bill
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect on the first day of April.