HB1401 (2018) Detail

Relative to the New Hampshire accountancy act.


CHAPTER 69

HB 1401 - FINAL VERSION

 

 

2018 SESSION

18-2273

10/05

 

HOUSE BILL 1401

 

AN ACT relative to the New Hampshire accountancy act.

 

SPONSORS: Rep. Lovejoy, Rock. 36; Rep. Hennessey, Graf. 1

 

COMMITTEE: Executive Departments and Administration

 

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ANALYSIS

 

This bill makes various changes to the regulation of accountants by the board of accountancy related to the update of the Uniform Accountancy Act.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2273

10/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to the New Hampshire accountancy act.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

69:1  Definition; Attest.  Amend RSA 309-B:3, I to read as follows:

I.(a)  "Attest'' means providing the following [financial statement] services:

(1)  Any audit or other engagement to be performed in accordance with the American Institute of Certified Public Accountants' Statements on Auditing Standards (SAS).

(2)  Any review of a financial statement to be performed in accordance with the American Institute of Certified Public Accountants' Statements on Standards for Accounting and Review Services (SSARS).

(3)  Any examination of prospective financial statements to be performed in accordance with the American Institute of Certified Public Accountants' Statements on Standards for Attestation Engagements (SSAE).

(4)  Any engagement to be performed in accordance with the Public Company Accounting Oversight Board's Auditing Standards.

(5)  Any examination, review, or agreed upon procedures engagement to be performed in accordance with the Statements on Standards for Attestation Engagements (SSAE), other than the examination described in subparagraph (a)(3).

(b)  The Statements on Standards specified in subparagraph (a) shall be adopted by reference by the board pursuant to rulemaking and shall be those developed for general application by recognized national accountancy organizations such as the American Institute of Certified Public Accountants.

69:2  Definition; Report.  Amend RSA 309-B:3, XV to read as follows:

XV.  "Report,'' when used with reference to [financial statements] any attest or compilation service, means an opinion, report, or other form of language that states or implies assurance as to the reliability of [any] the attested or compiled financial statements, and that also includes or is accompanied by any statement or implication that the person or firm issuing it has special knowledge or competence in accounting or auditing.  Such a statement or implication of special knowledge or competence may arise from use by the issuer of the report of names or titles indicating that such person or firm is an accountant or auditor, or from the language of the report itself.  The term "report'' shall include any form of language which disclaims an opinion when such form of language is conventionally understood to imply any positive assurance as to the reliability of the attested or compiled financial statements referred to or special competence on the part of the person or firm issuing such language, and it shall include any other form of language that is conventionally understood to imply such assurance or such special knowledge or competence.

69:3  Definition; State.  Amend RSA 309-B:3, XVII to read as follows:

XVII.  "State'' means any state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, the Commonwealth of the Northern Mariana Islands, and Guam; except that "this state'' means the state of New Hampshire.

69:4  Definition; Uniform Accountancy Act.  Amend RSA 309-B:3, XIX to read as follows:

XIX.  "Uniform Accountancy Act'' means the [July 27, 2007] May 2014 edition of the model legislation developed jointly by the American Institute of Certified Public Accountants and the National Association of State Boards of Accountancy.

69:5  Firm Permits to Practice.  Amend RSA 309-B:8, I to read as follows:

I.  The board shall grant or renew permits to practice as a CPA firm to applicants that demonstrate their qualifications therefor in accordance with this section.

(a)  The following are required to hold a permit issued under this section:

(1)  Any firm with an office in this state performing attest services as defined in RSA 309-B:3, I, or compilation services under RSA 309-B:3, III-a;

(2)  Any firm with an office in this state that uses the designation "CPAs'' or "CPA firm''; or

(3)  Any firm that does not have an office in this state but [performs] offers or renders attest services as described in RSA [309-B:3, I(a)(1), (3), or (4)] 309-B:3 for a client having its home office in this state[.

(b)  A firm which does not have an office in this state may perform services described in RSA 309-B:3, I(a)(2) and RSA 309-B:3, III-a for a client having its home office in this state and may use the designation "CPAs'' or "CPA firm'' without a permit issued under this section only if: ], unless it meets each of the following requirements:

[(1)] (A) It has the qualifications described in paragraphs III and VIII of this section; [and]

[(2)] (B) It performs such services through an individual with practice privileges under RSA 309-B:6; and

(C)  It can lawfully do so in the state where said individuals with practice privilege have their principal place of business.

[(c)] (b) A firm which is not subject to the requirements of subparagraphs (a)(3) or (b) of this paragraph may perform other professional services while using the title "CPA'' or "CPA firm'' in the state without a license issued under this section only if:

(1)  It performs such services through an individual with practice privileges under RSA 309-B:6; and

(2)  It can lawfully do so in the state where said individuals with practice privileges have their principal place of business.

69:6  Firm Permits; Applications.  Amend RSA 309-B:8, III(b)-(d) to read as follows:

(b)  Any CPA or PA firm may include non-licensee owners provided that:

(1)  The firm designates a licensee of this state, or in the case of a firm which must have a permit pursuant to RSA 309-B:6, IV a licensee of another state who meets the requirements in RSA 309-B:6, I, who is responsible for the proper registration of the firm and identifies that individual to the board.

(2)  All non-licensee owners are of good moral character and are active individual participants in the CPA or PA firm or affiliated entities.

(3)  The firm complies with such other requirements as the board may impose by rule.

(c)  Any individual licensee and any individual qualifying for practice privileges under RSA 309-B:6 who is responsible for supervising attest services, and signs or authorizes someone to sign the accountant's report on [the financial statements on] behalf of the firm, shall meet the appropriate experience requirements for such services as required by professional standards for such services.

(d)  Any individual licensee and any individual qualifying for practice privileges under RSA 309-B:6 who signs or authorizes someone to sign the accountant's report on [the financial statements on] behalf of the firm shall meet the experience requirement of RSA 309-B:8, III(c).

69:7  Unlawful Acts; Unlicensed Persons.  Amend the introductory paragraph of RSA 309-B:14, VIII to read as follows:

VIII.  Persons not licensed under this chapter, unless they qualify for a practice privilege under RSA 309-B:6 or are exempt from the permit requirement under RSA 309-B:8, shall not use language in any statement relating to the [financial] affairs of a person or entity which is conventionally used by licensees in reports on financial statements or any attest service.  In this regard, the board shall issue safe harbor language that persons not licensed under this chapter, or not qualifying for a practice privilege under RSA 309-B:6, or not exempt from the permit requirement under RSA 309-B:8 may use in connection with such financial information.  Such disclaimer language shall include the following:

69:8  Unlawful Acts; Foreign Country.  Amend RSA 309-B:14, XI to read as follows:

XI.  No provision of this section shall have any application to a person holding a certification, designation, degree, license, or permit granted in a foreign country entitling the holder to engage in the practice of public accountancy or its equivalent in such country, whose activities in this state are limited to the provision of professional services to persons or firms who are residents of, governments of, or business entities of the country in which the person holds such entitlement, who performs no attest services as defined, and who issues no reports with respect to the [financial statements] information of any other persons, firms, or governmental units in this state, and who does not use in this state any title or designation other than the one under which that person practices in such country, followed by a translation of such title or designation into English, if it is in a different language, and by the name of such country.

69:9  Repeals.  The following are repealed:

I.  RSA 309-B:3, VII-a, relative to the definition of home office.

II.  RSA 309-B:8, IV, relative to the registration of each office.

69:10  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: May 25, 2018

Effective Date: July 24, 2018

Links

HB1401 at GenCourtMobile

Action Dates

Date Body Type
Jan. 25, 2018 House Hearing
Jan. 25, 2018 House Exec Session
House Floor Vote
Feb. 22, 2018 House Floor Vote
March 27, 2018 Senate Hearing
April 19, 2018 Senate Floor Vote

Bill Text Revisions

HB1401 Revision: 3975 Date: May 29, 2018, 2:04 p.m.
HB1401 Revision: 3522 Date: April 19, 2018, 3:04 p.m.
HB1401 Revision: 1830 Date: Nov. 6, 2017, 10:29 a.m.

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Executive Departments and Administration HJ 1 P. 9
Jan. 25, 2018 Public Hearing: 01/25/2018 02:00 PM LOB 306
Jan. 25, 2018 Executive Session: 01/25/2018 LOB 306
Feb. 22, 2018 Committee Report: Ought to Pass for 02/22/2018 (Vote 14-0; CC) HC 7 P. 8
Committee Report: Ought to Pass (Vote 14-0; CC)
Feb. 22, 2018 Ought to Pass: MA VV 02/22/2018 HJ 5 P. 10
March 13, 2018 Introduced 03/13/2018 and Referred to Finance; SJ 7
March 8, 2018 Introduced 03/08/2018 and Referred to Finance; SJ 7
March 27, 2018 Hearing: 03/27/2018, Room 103, SH, 01:30 pm; SC 14
April 19, 2018 Committee Report: Ought to Pass, 04/19/2018; SC 17
April 19, 2018 Ought to Pass: MA, VV; OT3rdg; 04/19/2018; SJ 13
April 26, 2018 Enrolled (In recess 04/26/2018); SJ 15
April 26, 2018 Enrolled 04/26/2018
May 25, 2018 Signed by Governor Sununu 05/25/2018; Chapter 69; Eff. 7/24/2018