Section 309-B:6 Substantial Equivalency.
I. The practice, privilege, and discipline for substantially equivalent individuals shall be governed by the following provisions:
(a) An individual whose principal place of business is not in this state and who holds a valid certificate or license as a certified public accountant from any United States jurisdiction which the board or its designee has verified to be in substantial equivalence with the certified public accountant licensure requirements of the Uniform Accountancy Act shall be presumed to have qualifications substantially equivalent to this state's requirements and shall have all rights and privileges of licensees of this state without the need to obtain a certificate under RSA 309-B:7 or a permit under RSA 309-B:8. Notwithstanding any other provision of law, an individual qualifying under this subparagraph may offer or render professional services, whether in person or by mail, telephone, or electronic means, based on a practice privilege, and no notice, fee, or other submission shall be provided by any such individual. Such an individual shall be subject to the requirements in paragraph III.
(b) An individual whose principal place of business is not in this state and who has a valid certificate or license as a certified public accountant from any United States jurisdiction which the board or its designee has not verified to be in substantial equivalence with the certified public accountant licensure requirements of the Uniform Accountancy Act shall be presumed to have qualifications substantially equivalent to this state's requirements and shall have all rights and privileges of certificate holders and licensees of this state without the need to obtain a certificate under RSA 309-B:7 or a permit under RSA 309-B:8 if such individual obtains from the board or its designee verification that such individual's certified public accountant qualifications are substantially equivalent to the certified public accountant licensure requirements of the Uniform Accountancy Act. Any individual who has passed the Uniform CPA Examination and holds a valid license issued by any other state prior to July 1, 2014 may be exempt from the education requirements in the Uniform Accountancy Act for purposes of this subparagraph. Notwithstanding any other provision of law, an individual qualifying under this subparagraph may offer or render professional services, whether in person or by mail, telephone, or electronic means, based on a practice privilege, and no notice, fee, or other submission shall be provided by any such individual. Such an individual shall be subject to the requirements in paragraph III.
II. A licensee of this state offering or rendering services or using this state's certified public accountant designation in another state shall be subject to disciplinary action in this state for an act committed in another state for which the licensee would be subject to discipline in the other state. Notwithstanding RSA 309-B:11, I, the board shall be required to investigate any complaint made by the board of accountancy of another state.
III. Any individual licensee of another state exercising the privileges afforded under subparagraph I(a) or (b) and the firm which employs that licensee hereby simultaneously consents, as a condition of the grant of this privilege:
(a) To the personal and subject matter jurisdiction and disciplinary authority of the board;
(b) To comply with this chapter and the rules of the board;
(c) That in the event the license from the state of the individual's principal place of business is no longer valid, the individual will cease offering or rendering professional services in this state individually and on behalf of a firm; and
(d) To the appointment of the out-of-state board of accountancy which issued their license as their agent upon whom process may be served in any action or proceeding by this board against the licensee.
IV. An individual who qualifies for practice privileges under this section who, for any entity with its home office in this state, performs any of the following services may only do so through a firm which has obtained a permit issued under RSA 309:B-8:
(a) Any financial statement audit or other engagement to be performed in accordance with Statements on Auditing Standards;
(b) Any examination of prospective financial information to be performed in accordance with Statements on Standards for Attestation Engagements; or
(c) Any engagement to be performed in accordance with PCAOB Auditing Standards.
Source. 1999, 236:1, eff. Sept. 7, 1999. 2009, 155:9, eff. July 1, 2009.