3 Colo. Code Regs. § 705-1.4

Current through Register Vol. 47, No. 22, November 25, 2024
Section 3 CCR 705-1.4 - [Effective until 12/15/2024] BOARD ORGANIZATION AND ADMINISTRATION

This Rule is promulgated pursuant to sections 12-20-204 and 12-100-105(1)(b), C.R.S.

A.ACRONYMS
1. AICE Association of International Credential Evaluators
2. AICPA American Institute of Certified Public Accountants
3. CPA Certified Public Accountant
4. CPE Continuing Professional Education
5. CR&R Colorado Rules and Regulations. Also see Rule 1.4(B)
6. C.R.S. Colorado Revised Statutes
7. FASB Financial Accounting Standards Board
8. GASB Governmental Accounting Standards Board
9. GAAP Generally accepted accounting principles
10. GAAS Generally accepted auditing standards
11. IRS Internal Revenue Service
12. IQAB International Qualifications Appraisal Board
13. MRA Mutual Recognition Agreement
14. NACES National Association of Credential Evaluation Services
15. NASBA The National Association of State Boards of Accountancy
16. NIES NASBA's International Evaluation Services
17. PCAOB Public Company Accounting Oversight Board
18. SEC Securities and Exchange Commission
B.ABBREVIATIONS AND DEFINITIONS

Except as otherwise provided, words and phrases capitalized in these Rules are defined in this Rule 1.4 . In addition to the definitions found in section 12-100-103, C.R.S., the following apply:

1.Act

Title 12, Article 100 of the Colorado Revised Statutes (sections 12-100-101 through 12-100-130, C.R.S.)

2. Active/Valid

The status of a licensee's certificate, license, or registration, or other authority allowing the licensee to assume or use the CPA designation and to offer or perform any service for which an active certificate of CPA or active or valid registration is required pursuant to sections 12-100-112(3) and 12-100-116(1), C.R.S.

3. AICPA Ethics Examination

Pursuant to section 12-100-108(1)(b), C.R.S., the professional ethics course and examination means Professional Ethics: The American Institute of Certified Public Accountants Comprehensive Course (for Licensure) or a subsequent course of study concerning the subject of professional ethics and the related examination prepared and administered by the AICPA.

4. AICPA Code of Professional Conduct

The Code of Professional Conduct issued by the AICPA in the "AICPA Professional Standards" incorporated herein by reference in Rule 1.4(C).

5. AICPA Professional Standards

The AICPA Professional Standards issued by the AICPA and incorporated herein by reference in Rule 1.4(C).

6. Applicant

An applicant is an individual who submits an application for an initial, renewal, reinstated, reactivated, retired, or inactive certificate.

7. Baccalaureate Degree

A degree conferred by a college or university that demonstrates the recipient has obtained not less than 120 credit hours of higher education.

8. Candidate

An individual who submits an application to sit for the examination.

9. Certificate

A certificate of Certified Public Accountant.

10. Certificate Holder

An individual granted a Colorado certificate pursuant to the requirements in Article 100 of Title 12, C.R.S.

11. Client

An individual or entity that agrees with a licensee to receive any professional service.

12. CPE

Continuing professional education as required and described in section 12-100-115, C.R.S., and Rule 1.10 of these Rules.

13. CPE Reporting Period

A two-year period from January 1 of an even-numbered year through December 31 of an odd-numbered year during which the certificate holder must complete CPE.

14. CR&R

CPE covering sections 12-100-101 through 130 and 13-90-107(1)(f), C.R.S., and the Rules and Policies of the Board as provided in Rule 1.10(H).

15. Ethics CPE

CPE concerning professional ethical behavior in regulatory ethics or behavioral ethics as defined by the fields of study.

16. Examination

The Uniform CPA Examination.

17. Expired

The status of a certificate holder's certificate or firm's registration following a failure to renew the certificate or registration by the expiration date.

18. Fields of Study

The NASBA CPE Fields of Study, incorporated herein by reference in Rule 1.4(C).

19. Financial Statements

Statements and related disclosures that purport to show an actual or anticipated financial position that relates to a point in time, or results of operations, cash flow, or changes in financial position that relate to a period of time, on the basis of U.S. GAAP or another comprehensive basis of accounting. The term includes specific elements, accounts, or items of such statements, but does not include incidental financial data included in management advisory services reports to support recommendations to a client, nor does it include tax returns and supporting schedules.

20. Firm

A business entity composed of one or more CPAs engaged in the practice of public accounting as a domestic or foreign partnership, professional corporation, or limited liability company; "partnership" means any form of partnership, including a registered limited partnership, limited liability partnership, and limited liability limited partnership.

21. Holding Out

Any activity by an individual or entity that informs or implies or tends to indicate to others an active/valid status as a CPA or Firm. This includes, but is not limited to, any oral or written representation, such as business cards or letterhead, resumes, biographies, the display of a certificate evidencing a CPA designation, or the listing as a CPA or Firm in directories or on the internet. "Activity" includes any continuing representation caused or used by an individual or entity, including but not limited to, any oral or written representation, such as signage, directories, or the Internet.

22. Inactive

The status of a certificate upon transfer of that certificate to the inactive list.

23. Individual

A natural person.

24. Joint Standards

The Joint AICPA/NASBA Statement on Standards for Continuing Professional Education (CPE) Programs jointly issued by the AICPA and NASBA.

25. Licensee

An individual or firm authorized to hold out and offer and provide services as a CPA(s) under the Act as a certificate holder, registrant, or through mobility/practice privilege.

26. Mobility/Practice Privilege

The privilege for a CPA or firm to practice accounting in this state pursuant to section 12-100-117(2), C.R.S., and Rule 1.14.

27. Network

An association of two or more entities that includes at least one CPA firm that:

a. Cooperates pursuant to an agreement for the purpose of enhancing the association members' capabilities to provide professional services; and
b. Shares one or more of the following characteristics:
(1) Shares the use of a common brand name or shares common initials as part of the firm name;
(2) Shares common control among the members through ownership, management, or other means;
(3) Shares profits or costs, excluding costs of operating the association, costs of developing audit methodologies, manuals, training courses, and other costs immaterial to the members;
(4) Shares a common business strategy that involves ongoing collaboration among the members whereby the members are responsible for implementing the association's strategy and are held accountable for performance pursuant to that strategy;
(5) Shares a significant part of professional resources, including but not limited to: common systems that enable members to exchange information, such as client data, billing, and time records; partners and staff are drawn from a shared pool; or technical departments to consult on technical or industry specific issues, transactions, or events for assurance engagements that the members are required to follow;
(6) Members are required to follow common quality control policies and procedures, and compliance is monitored by the association.
28. Network Firm

A network firm is a firm or other entity that belongs to a network as defined in Rule 1.4 . This includes any entity (including another firm) that the network firm, by itself or through one or more of its owners, controls (as defined in FASB ASC 810), is controlled by, or is under common control with.

29. Owner

A shareholder of a corporation, a member of a limited liability company, a partner of a partnership, or any other person having an interest in any entity that is functionally equivalent to an owner's interest.

30. Peer Review Oversight Committee

A committee established by the Board to oversee the peer review requirement.

31. Peer Review Program

A sponsoring organization's entire peer review process, including, but not limited to, the standards for administering, performing, and reporting on peer reviews, oversight procedures, training, and related guidance materials.

32. Peer Review Reports

Reports issued by the peer reviewer/reviewing firm in accordance with the Board-approved peer review standards.

33. Peer Review Standards

Board-approved professional standards for administering, performing, and reporting on peer reviews.

34. Peer Reviewer/Reviewing Firm

A licensee responsible for conducting a peer review.

35. Practice of Public Accounting

Performing for a client or offering to perform for a client or potential client, one or more kinds, or any combination of services involving the use of accounting or attestation skills, including, but not limited to, issuance of reports on financial statements, or of one or more types of management advisory or consulting services, or the preparation of tax returns, or the furnishing of tax advice.

36. Practice Privilege/Mobility

The privilege for a CPA or firm to practice accounting in this state pursuant to section 12-100-117(2), C.R.S., and Rule 1.14.

37. Professional Business

For the purposes of section 12-100-117(2), C.R.S., and these Rules, practicing in this state on "professional business" means that a CPA or foreign equivalent whose principle place of business is located in another state or jurisdiction is providing professional services in this state.

38. Professional Services

Any service performed or offered to be performed by a licensee while holding out.

39. Reactivation

The process by which an inactive or retired status certificate is returned to active status.

40. Registrant

A firm that has been granted registration pursuant to the Act.

41. Reinstatement

The process by which a certificate that has expired is returned to active, inactive, or retired status or by which a firm registration that has expired is returned to active/valid status.

42. Renewal

The process to retain a certificate in active, inactive, or retired status, and to retain a firm registration in active/valid status in accordance with a schedule established by the Division of Professions and Occupations.

43. Report Acceptance Body

A sponsoring organization's committee responsible for the acceptance of peer review documents.

44. Responsible Party

The firm partner, shareholder, or member designated to notify the Board of changes to the firm pursuant to section 12-100-114(2)(a)(III), C.R.S.

45. Retired

The status of a certificate following the Board's approval of a certificate holder's application to transfer the certificate status to retired.

46. Sponsoring Organization

A Board-approved professional society or other organization responsible for the facilitation and administration of peer reviews through use of its peer review program and peer review standards.

47. Substantial Equivalency

A determination by the Board or its designee that the education, examination, and experience requirements contained in the statutes and administrative rules of another jurisdiction are comparable to or exceed the education, examination, and experience requirements contained in the AICPA/ NASBA Uniform Accountancy Act (UAA) or that an individual CPA's education, examination, and experience qualifications are comparable to or exceed the requirements contained in the UAA.

48. U.S. GAAP

Generally accepted accounting principles as contained in the AICPA Professional Standards incorporated by reference in Rule 1.4(C).

49. U.S. GAAS

Generally accepted auditing standards as contained in the AICPA Professional Standards incorporated by reference in Rule 1.4(C).

C.INCORPORATION BY REFERENCE

The materials listed in this Rule 1.4 are incorporated by reference. These Rules do not include later amendments to or editions of the materials incorporated by reference in this Rule 1.4 . (Note, however, that pursuant to law, licensees will be held to the requirements in those editions that were in effect at the time of the conduct at issue.) If a Rule of the State Board of Accountancy is inconsistent or otherwise differs from the materials incorporated by reference herein, the Rule of the State Board of Accountancy governs. Copies of these materials are available for public inspection during regular business hours at the Board's Office at 1560 Broadway, Suite 1350, Denver, Colorado, 80202 and at the Colorado State Publications Library or at the specific addresses and websites provided below. For information on obtaining or examining these materials, contact the Board's Office at 1560 Broadway, Suite 1350, Denver, Colorado, 80202 or via email at dora_accountancy@state.co.us

1. AICPA Code of Professional Conduct

The Code of Professional Conduct issued by the AICPA in the "AICPA Professional Standards," effective December 15, 2014. These materials may also be obtained at AICPA.org or AICPA, 220 Leigh Farm Road, Durham, North Carolina 27707-8110.

2. AICPA Professional Standards

The AICPA Professional Standards, effective June 1, 2021, issued by the AICPA. These materials may also be obtained at AICPA.org or AICPA, 220 Leigh Farm Road, Durham, North Carolina 27707-8110.

3. Fields of Study

The NASBA CPE Fields of Study, effective December 31, 2019, and available at https://www.colorado.gov/dora/Accountancy_CPE or at https://www.nasbaregistry.org/the-standards or NASBA, 150 Fourth Ave. North, Ste. 700, Nashville, TN, 37219-2417.

4. Joint Standards

The Joint AICPA/NASBA Statement on Standards for Continuing Professional Education (CPE) Programs jointly issued by the AICPA and NASBA, effective December 31, 2019, and available at https://www.colorado.gov/dora/Accountancy_CPE or at https://www.nasbaregistry.org/the-standards or NASBA, 150 Fourth Ave. North, Ste. 700, Nashville, TN, 37219-2417.

5. Statements of governmental accounting standards

The statements of governmental accounting standards issued as of the effective dates of these Rules and available at www.gasb.org or NASBA, 150 Fourth Ave. North, Ste. 700, Nashville, TN, 37219-2417.

6. FASB Accounting Standards Codification

The FASB Accounting Standards Codification issued as of the effective date of these Rules and available at www.fasb.org or NASBA, 150 Fourth Ave. North, Ste. 700, Nashville, TN, 37219-2417.

7. Government Auditing Standards, December 2011 Revision

The Government Auditing Standards, effective July 17, 2018 issued by the U.S. Governmental Accountability Office and available at www.gao.gov/yellowbook or U.S. Government Publishing Office, 732 North Capitol Street, NW, Washington, DC 20401-0001.

8.Securities and Exchange Commission
a.SEC Final Rules, issued as of the effective date of these Rules, available at www.sec.gov/rules/final.shtml or 100 F Street, NE, Washington, DC 20549.
b.SEC Concept Releases, issued as of the effective date of these Rules, available at www.sec.gov/rules/concept.shtml or 100 F Street, NE, Washington, DC 20549.
c.SEC Interpretive Releases, issued as of the effective date of these Rules, available at www.sec.gov/rules/interp.shtml or 100 F Street, NE, Washington, DC 20549.
d.SEC Policy Statements, issued as of the effective date of these Rules available at www.sec.gov/rules/policy.shtml or 100 F Street, NE, Washington, DC 20549.
9. Circular 230 Tax Professionals- (Rev. 6-2014) Circular 230, Catalog Number 16586R, published June 12, 2014, available at www.irs.gov/Tax-Professionals/Circular-230-Tax-Professionals or IRS Denver Office, 1999 Broadway, Denver, CO 80202.
10. Part 9904- Cost Accounting Standards

The standards of the Cost Accounting Standards Board (CASB) codified in Title 48, Chapter 99: Federal Acquisition Regulations System at Part 9904- Cost Accounting Standards, as amended October 1, 2020, available at https://www.govinfo.gov/app/collection/cfr/2020/title48, https://www.ecfr.gov/current/title-48/chapter-99/subchapter-B/part-9904?toc=1, or The Office of Management and Budget 725 17th Street, NW Washington, DC 20503.

11. The FASAB Handbook of Accounting Standards and Other Pronouncements, As Amended

The FASAB Handbook of Accounting Standards and Other Pronouncements, As Amended as of June 30, 2021, available at http://www.fasab.gov/accounting-standards or FASAB, 441 G Street, NW, Suite 1155,Washington, DC 20548.

3 CCR 705-1.4

44 CR 03, February 10, 2021, effective 3/2/2021
44 CR 20, October 25, 2021, effective 11/14/2021
45 CR 11, June 10, 2022, effective 6/30/2022
45 CR 17, September 10, 2022, effective 9/30/2022
45 CR 20, October 25, 2022, effective 11/14/2022