O.C.G.A. § 43-3-17 — Renewal of ﬁrm license

(a) In each renewal year, each ﬁrm licensed in this state pursuant to Code Section 43-3-16 which has issued an attest or compilation report 92 43-3-18 within the 24 months preceding the date of expiration of the ﬁrm’s license shall submit, with the application for renewal, evidence of satisfactory completion of a board approved peer review within the 36 months preceding the date of such ﬁrm’s license expiration. Satisfactory completion shall mean that the ﬁrm has undergone the entire peer review process and that the report of the peer review indicates that the ﬁrm maintains acceptable standards of competence and integrity in the practice of public accountancy. Firms which have not issued an attest or compilation report within the 24 months preceding the date of the ﬁrm’s license expiration shall submit written conﬁrmation of such fact with the application for the ﬁrm’s license renewal. The board may waive or modify the requirements of this subsection in cases of hardship or other such circumstances which the board deems appropriate. The provisions of this subsection shall not apply to the practice of an enrolled agent before the federal Internal Revenue Service or the Department of Revenue if the enrolled agent is not otherwise engaged in the practice of public accountancy in this state. (b) No ﬁrm shall be licensed in this state which shall have failed to comply with the provisions of this Code section, applicable requirements of law, and rules or regulations promulgated by the board. (c) This Code section shall be construed to apply only to ﬁrms required to be licensed under this chapter. History. Code 1981, § 43-3-23.1, enacted by Ga. L. 1988, p. 1616, § 3; Code 1981, § 43-323, as redesignated by Ga. L. 1997, p. 1545, § 3; Code 1981, § 43-3-17, as redesignated by Ga. L. 2014, p. 136, § 1-2/HB 291. Editor’s notes. Former Code Section 43-3-23.1, relating to renewal of registration, was redesignated as Code Section 43-3-23 by Ga. L. 1997, p. 1545, § 3, effective July 1, 1998. Former Code Section 43-3-23, based on Code 1933, § 84-209, enacted by Ga. L. 1977, p. 1063, § 1; Ga. L. 1993, p. 123, § 10, relating to registration of certiﬁed public accountant offices and resident managers, was repealed by Ga. L. 1997, p. 1545, § 2, effective July 1, 1998. This Code section formerly pertained to temporary registered public accountant certiﬁcates. The former Code section was based on Code 1933, § 84-205, enacted by Ga. L. 1977, p. 1063, § 1; Ga. L. 1983, p. 559, § 10, and was repealed by Ga. L. 1989, p. 1098, § 6, effective July 1, 1989. 43-3-18. Issuance of license to practice accountancy; substantial equivalency practice privilege for nonresidents. (a) A license to engage in the practice of public accountancy in this state shall be issued by the executive director, at the direction of the board, to each individual who is certiﬁcated as a certiﬁed public accountant under Code Section 43-3-9 or 43-3-12 or who shall have furnished evidence, satisfactory to the board, of compliance with the continuing professional education requirements of Code Section 43-319, and to ﬁrms licensed under Code Section 43-3-16, provided that such ﬁrms are maintained and licensed as required under Code 93 43-3-18 Sections 43-3-16 and 43-3-17. There shall be a biennial license fee in an amount to be determined by the board. (b) Individuals may practice under substantial equivalency practice privileges as follows: (1) An individual whose office location designation by such individual for purposes of substantial equivalency and reciprocity is in any other state shall be presumed to have qualiﬁcations substantially equivalent to this state’s requirements, shall have all the privileges of license holders of this state, and may practice public accountancy in this state without the requirement to obtain a license under this chapter or to otherwise notify the board or pay any license fee if the individual: (A) Holds a current license as a certiﬁed public accountant from any other state which requires, as a condition of licensure, that an individual: (i) Has at least 150 semester hours of college education including a baccalaureate or higher degree conferred by a college or university; (ii) Achieves a passing grade on the Uniform Certiﬁed Public Accountant Examination; and (iii) Possesses at least one year of experience, including providing any type of service or advice involving the use of accounting, attest, compilation, management advisory, ﬁnancial advisory, tax, or consulting skills, which may be obtained through government, industry, academic, or public practice all of which was veriﬁed by a licensee; or (B) Holds a current license as a certiﬁed public accountant from any other state which does not meet the requirements of subparagraph (A) of this paragraph but such individual’s certiﬁed public accountant qualiﬁcations are substantially equivalent to those requirements. Any individual who passed the Uniform Certiﬁed Public Accountant Examination and holds a current license issued by any other state prior to January 1, 2012, may be exempt from the education requirement in division (1)(A)(i) of this subsection for purposes of this subparagraph; (2) Notwithstanding any other provision of law, an individual who offers or renders professional services, as such services are deﬁned in the board’s rules or regulations, whether in person or by mail, telephone, or electronic means, under this Code section shall be granted substantial equivalency practice privileges in this state and no notice, license, fee, or other submission shall be provided by any such individual. Such an individual shall be subject to the requirements of paragraph (3) of this subsection; 94 43-3-18 (3) An individual licensee of any other state exercising the privilege afforded under this subsection, and any ﬁrm that employs such individual, shall simultaneously consent, as a condition of exercising this privilege: (A) To the personal and subject matter jurisdiction and disciplinary authority of the board; (B) To comply with the provisions of this chapter and the board’s rules or regulations; (C) That in the event the individual’s license issued by any other state designated by such individual for purposes of substantial equivalency and reciprocity is not current, the individual shall cease practicing public accountancy in this state individually and on behalf of a ﬁrm; and (D) To the appointment of the board that issued the individual’s license as the individual’s agent upon whom process may be served in any action or proceeding by this state’s board against the individual; (4) An individual who qualiﬁes for the substantial equivalency practice privileges under this Code section who, for a client who speciﬁes a location in this state to which any service under subparagraph (A), (C), or (D) of paragraph (2) of Code Section 43-3-2 is directed, may only perform such services through a ﬁrm that is licensed with the board under Code Section 43-3-16; and (5) An individual qualifying for the substantial equivalency practice privileges under paragraph (1) of this subsection may provide expert witness services in this state and shall be deemed to be in compliance with Code Section 24-7-702 for purposes of such services. (c) Subsection (b) of this Code section shall not be applied or construed to allow an individual to engage in the practice of public accountancy in this state based on substantial equivalency practice privileges unless such individual holds a current license as a certiﬁed public accountant in any other state which grants similar reciprocity to license holders in this state. History. Code 1933, § 84-210, enacted by Ga. L. 1977, p. 1063, § 1; Code 1981, § 43-3-24; Ga. L. 1983, p. 559, § 12; Ga. L. 1993, p. 123, § 11; Ga. L. 1994, p. 97, § 43; Ga. L. 1997, p. 1545, § 5; Ga. L. 2000, p. 1706, § 19; Ga. L. 2005, p. 1030, § 8/SB 55; Ga. L. 2008, p. 1112, § 5/HB 1055; Ga. L. 2011, p. 99, § 64/HB 24; Code 1981, § 433-18, as redesignated by Ga. L. 2014, p. 136, § 1-2/HB 291; Ga. L. 2015, p. 325, § 8/HB 246. Editor’s notes. Ga. L. 2011, p. 99, § 101/HB 24, not codiﬁed by the General Assembly, provides that this Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013. This Code section formerly pertained to reciprocity for registered public accoun- 95 tants. The former Code section was based on Code 1933, § 84-205, enacted by Ga. L. 1977, p. 1063, § 1; Ga. L. 1983, p. 559, § 11, and was repealed by Ga. L. 2005, p. 1030, § 5, effective July 1, 2005.