2005 Nevada Revised Statutes - Chapter 628 — Accountants

CHAPTER 628 - ACCOUNTANTS

GENERAL PROVISIONS

NRS 628.002 Purpose.

NRS 628.003 Definitions.

NRS 628.005 Attest,attesting and attestation defined.

NRS 628.009 Boarddefined.

NRS 628.013 Certificatedefined.

NRS 628.019 Livepermit defined.

NRS 628.023 Practiceof public accounting defined.

NRS 628.029 Registeredpublic accountant defined.

NRS 628.033 Statedefined.

NRS 628.034 Applicationfor certificate, registration, license or permit must include social securitynumber of applicant. [Repealed.]

NRS 628.0345 Paymentof child support: Submission of certain information by applicant; grounds fordenial of certificate, registration, license or permit; duty of Board.[Effective until the date of the repeal of the federal law requiring each stateto establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 628.0345 Paymentof child support: Submission of certain information by applicant; grounds fordenial of certificate, registration, license or permit; duty of Board.[Effective on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings and expires by limitation 2 years after thatdate.]

NEVADA STATE BOARD OF ACCOUNTANCY

NRS 628.035 Creation;number and appointment of members.

NRS 628.045 Qualificationsof members.

NRS 628.055 Reappointmentof members.

NRS 628.075 Nominationfor appointment; filling of vacancy; appointment of representative of public byGovernor.

NRS 628.085 Removalof member.

NRS 628.090 Officersand employees.

NRS 628.100 Quorum.

NRS 628.105 Offices.

NRS 628.110 Compensationof members and employees.

NRS 628.120 Regulations.

NRS 628.130 Seal;records; website.

NRS 628.135 Fiscalyear.

NRS 628.140 Depositof money received by Board; delegation of authority concerning disciplinaryaction; deposit of fines imposed by Board; claim for attorneys fees or cost ofinvestigation.

NRS 628.160 Regulationsconcerning professional conduct: Procedure for adoption; notice.

NRS 628.170 Boardmay establish certain committees.

CERTIFIED PUBLIC ACCOUNTANTS

NRS 628.190 Qualificationsof applicant for certificate of certified public accountant; issuance ofprovisional certificate.

NRS 628.200 Generalrequirements concerning education and experience.

NRS 628.210 Requirementsconcerning education and experience for certain accountants. [Repealed.]

NRS 628.230 Examination.

NRS 628.240 Eligibilityfor examination of candidate who has not met requirement concerning experience.

NRS 628.250 Requirementsfor status as certified public accountant; related fees.

NRS 628.260 Reexamination.

NRS 628.280 Feefor examination.

NRS 628.290 Conditionsfor use of designation certified public accountant or C.P.A.

NRS 628.300 Validityof certificate of certified public accountant issued before April 1, 1960.[Repealed.]

NRS 628.310 Waiverof examination and waiver of requirements for education or experience forperson holding certificate as certified public accountant from other state orcountry.

REGISTRATION OF PUBLIC ACCOUNTANTS, PARTNERSHIPS,CORPORATIONS, LIMITED-LIABILITY COMPANIES AND OFFICES AND REGISTRATION OFFICTITIOUS NAMES

NRS 628.325 Corporationor company for practice of public accounting: Organization; liability;ownership.

NRS 628.340 Requirementsfor registration as partnership of certified public accountants.

NRS 628.343 Requirementsfor registration as corporation of certified public accountants.

NRS 628.345 Requirementsfor registration as limited-liability company of certified public accountants.

NRS 628.350 Requirementsfor issuance of license as public accountant.

NRS 628.360 Requirementsfor registration as partnership of public accountants.

NRS 628.363 Requirementsfor registration as corporation of public accountants.

NRS 628.365 Requirementsfor registration as limited-liability company of public accountants.

NRS 628.370 Registrationof offices.

NRS 628.375 Registrationof fictitious names.

PERMIT FOR PUBLIC ACCOUNTING

NRS 628.380 Permitto engage in practice of public accounting: Requirements; expiration; issuanceand renewal; fee.

CONTINUING EDUCATION

NRS 628.385 Legislativefindings.

NRS 628.386 Adoptionof regulations.

NRS 628.387 Exemptions.

NRS 628.388 Committeeon Continuing Education.

DISCIPLINARY ACTION

NRS 628.390 Grounds;penalties; private censure prohibited; orders imposing discipline deemed publicrecords.

NRS 628.393 Suspensionof certificate, registration, license or permit for failure to pay childsupport or comply with certain subpoenas or warrants; reinstatement ofcertificate, registration, license or permit. [Expires by limitation 2 yearsafter the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 628.395 Probation.

NRS 628.400 Partnerships,corporations and limited-liability companies: Revocation or suspension ofregistration; sanctions; censure; additional grounds for disciplinary action.

NRS 628.410 Hearings.

NRS 628.415 Disciplinaryaction by hearing officer or panel: Procedural requirements; powers and dutiesof officer or panel; appeal.

NRS 628.418 Certainrecords relating to investigation deemed confidential; certain records relatingto disciplinary action deemed public records.

NRS 628.420 Reregistration,issuance of new certificate or modification of order after application andhearing; exception. [Effective until the date 2 years after the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 628.420 Reregistration,issuance of new certificate or modification of order after application andhearing. [Effective on the date 2 years after the date of the repeal of thefederal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

MISCELLANEOUS PROVISIONS

NRS 628.430 Statement,record or memorandum made by accountant in course of professional service isproperty of accountant; exception; limitations on transfer.

NRS 628.435 Requirementsfor retaining, changing and destroying documentation related to attestation.

NRS 628.440 Employeeof accountant; requirements for temporary practice by nonresident accountant.

UNLAWFUL ACTS; INJUNCTIVE RELIEF; PENALTIES

NRS 628.450 Unlawfuluse of designation certified public accountant or C.P.A.

NRS 628.460 Unlawfuluse of designation certified public accountant or C.P.A. by partnership,corporation or limited-liability company.

NRS 628.470 Unlawfuluse of designation public accountant or registered public accountant.

NRS 628.480 Unlawfuluse of designation public accountant by partnership, corporation orlimited-liability company.

NRS 628.490 Unlawfuluse of designation or abbreviation likely to confuse public; use ofaccountant, auditor and other terms and abbreviations.

NRS 628.510 Conditionsunder which affixing name to wording which indicates person is accountant orauditor is unlawful.

NRS 628.520 Conditionsunder which affixing name of partnership, corporation or limited-liabilitycompany to wording which indicates partnership, corporation orlimited-liability company is composed of accountants or auditors is unlawful.

NRS 628.540 Unlawfulacts by unregistered partnership, corporation or limited-liability company orperson without permit.

NRS 628.550 Unlawfuluse of title or designation which falsely indicates or implies existence ofpartnership, corporation or limited-liability company; misleading name.

NRS 628.560 Primafacie evidence of violation.

NRS 628.570 Injunction;restraining order; issuance without bond.

NRS 628.580 Penaltyfor violation.

_________

 

GENERAL PROVISIONS

NRS 628.002 Purpose. It is the policy of this State, and the purpose of thischapter:

1. To provide for the dependability of informationwhich is used for guidance in financial transactions or for accounting for andassessing the status or performance of public and private entities; and

2. To protect the interest of the public by requiringthat persons who are engaged in the practice of public accounting be qualified,so that the auditing, examining, reviewing and compiling of financialstatements and the issuing of reports, opinions and assurances relating tothose statements are reserved to persons who have demonstrated ability andfitness to observe and apply the standards of the profession of accounting.

(Added to NRS by 1981, 1379)

NRS 628.003 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS628.005 to 628.033, inclusive, havethe meanings ascribed to them in those sections.

(Added to NRS by 1981, 1379)

NRS 628.005 Attest,attesting and attestation defined. Attest,attesting and attestation mean the issuance of opinions, reports or otherdocuments which state or imply assurance of the reliability of any financialinformation when the opinions, reports or other documents are accompanied by orcontain any name, title or wording which indicate that the person or otherentity which has issued them is an accountant or auditor, or has expertknowledge in accounting or auditing. The terms include any disclaimer of anopinion when the disclaimer is in a form which is understood to imply anypositive assurance of the reliability of the information and expertise on thepart of the person making the disclaimer.

(Added to NRS by 1981, 1379)

NRS 628.009 Boarddefined. Board means the Nevada State Boardof Accountancy.

(Added to NRS by 1981, 1379)

NRS 628.013 Certificatedefined. Certificate means the certificate issuedby the Board to a person who is qualified to practice accounting as a certifiedpublic accountant.

(Added to NRS by 1981, 1380)

NRS 628.019 Livepermit defined. Live permit means a permitissued pursuant to NRS 628.380 which hasnot been revoked or suspended.

(Added to NRS by 1981, 1380)

NRS 628.023 Practiceof public accounting defined. Practice ofpublic accounting means the offering to perform or the performance by a holderof a live permit, for a client or potential client, of one or more servicesinvolving the use of skills in accounting or auditing, one or more servicesrelating to advising or consulting with clients on matters relating to managementor the preparation of tax returns and the furnishing of advice on mattersrelating to taxes.

(Added to NRS by 1981, 1380)

NRS 628.029 Registeredpublic accountant defined. Registered publicaccountant means a person who was registered or licensed as a publicaccountant:

1. On or before May 1, 1973; or

2. After May 1, 1973, pursuant to NRS 628.190.

(Added to NRS by 1981, 1380; A 2005, 251)

NRS 628.033 Statedefined. State means any state, territory orpossession of the United States and the District of Columbia.

(Added to NRS by 1981, 1380; A 1999, 1695)

NRS 628.034 Applicationfor certificate, registration, license or permit must include social securitynumber of applicant. Repealed. (See chapter501, Statutes ofNevada 2005, at page 2818.)

 

NRS 628.0345 Paymentof child support: Submission of certain information by applicant; grounds fordenial of certificate, registration, license or permit; duty of Board.[Effective until the date of the repeal of the federal law requiring each stateto establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

1. In addition to any other requirements set forth inthis chapter:

(a) An applicant for the issuance of a certificateissued pursuant to NRS 628.190 to 628.310, inclusive, any registration orlicense granted to a registered public accountant pursuant to NRS 628.350 or a permit issued pursuant to NRS 628.380 shall include the socialsecurity number of the applicant in the application submitted to the Board.

(b) An applicant for the issuance or renewal of acertificate issued pursuant to NRS 628.190to 628.310, inclusive, any registrationor license granted to a registered public accountant pursuant to NRS 628.350 or a permit issued pursuant to NRS 628.380 shall submit to the Board thestatement prescribed by the Division of Welfare and Supportive Services of theDepartment of Health and Human Services pursuant to NRS 425.520. The statement must becompleted and signed by the applicant.

2. The Board shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the certificate, registration, licenseor permit; or

(b) A separate form prescribed by the Board.

3. A certificate, registration, license or permitdescribed in subsection 1 may not be issued or renewed by the Board if theapplicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Board shall advise theapplicant to contact the district attorney or other public agency enforcing theorder to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 1997, 2117; A 2005, 2712, 2807)

NRS 628.0345 Payment of child support: Submissionof certain information by applicant; grounds for denial of certificate,registration, license or permit; duty of Board. [Effective on the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings andexpires by limitation 2 years after that date.]

1. In addition to any other requirements set forth inthis chapter, an applicant for the issuance or renewal of a certificate issuedpursuant to NRS 628.190 to 628.310, inclusive, any registration orlicense granted to a registered public accountant pursuant to NRS 628.350 or a permit issued pursuant to NRS 628.380 shall submit to the Board thestatement prescribed by the Division of Welfare and Supportive Services of theDepartment of Health and Human Services pursuant to NRS 425.520. The statement must becompleted and signed by the applicant.

2. The Board shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the certificate, registration, licenseor permit; or

(b) A separate form prescribed by the Board.

3. A certificate, registration, license or permitdescribed in subsection 1 may not be issued or renewed by the Board if theapplicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Board shall advise theapplicant to contact the district attorney or other public agency enforcing theorder to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 1997, 2117; A 2005, 2712, 2807, effective onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

NEVADA STATE BOARD OF ACCOUNTANCY

NRS 628.035 Creation;number and appointment of members. The NevadaState Board of Accountancy, consisting of seven members appointed by theGovernor, is hereby created.

(Added to NRS by 1960, 160; A 1971, 734; 1977, 272)

NRS 628.045 Qualificationsof members.

1. Except as otherwise provided in subsection 2, theGovernor shall appoint to the Board six members who are certified publicaccountants in the State of Nevada and one member who is a registered publicaccountant in the State of Nevada. Of the six members who are certified publicaccountants:

(a) One member must be employed by the government or byprivate industry; and

(b) Five members must be engaged in the practice ofpublic accounting.

2. Whenever the total number of registered publicaccountants who practice is 10 or fewer, the Board must consist of six memberswho are certified public accountants and the member who is a registered publicaccountant until his term of office expires. Thereafter, the Board must consistof:

(a) Six members who are certified public accountants,one of whom must be employed by the government or by private industry.

(b) One member who represents the public. This membermust not be:

(1) A certified public accountant, a publicaccountant or a registered public accountant; or

(2) The spouse or the parent or child, by blood,marriage or adoption, of a certified public accountant, a public accountant ora registered public accountant.

3. No person may be appointed to the Board unless heis:

(a) Engaged in active practice as a certified publicaccountant or registered public accountant and holds a live permit to practicepublic accounting in this State, or is appointed as the member who representsthe public.

(b) A resident of the State of Nevada.

(Added to NRS by 1960, 160; A 1977, 272; 1979, 671;1981, 1380; 1991, 2150; 2003, 1189)

NRS 628.055 Reappointmentof members. No person who has served twosuccessive complete terms is eligible for reappointment until 1 year after theexpiration of those terms. Appointment to fill an unexpired term shall not beconsidered as a complete term.

(Added to NRS by 1960, 161; A 1971, 734; 1977, 273,1249)

NRS 628.075 Nominationfor appointment; filling of vacancy; appointment of representative of public byGovernor.

1. The Nevada Society of Certified Public Accountantsshall, at least 30 days before the beginning of any term, or within 30 daysafter a position on the Board becomes vacant, submit to the Governor the namesof at least three persons qualified for membership on the Board for eachposition to be filled by a certified public accountant. The Governor shallappoint new members or fill the vacancy from the list, or request a new list.If the Nevada Society of Certified Public Accountants fails to submit timelynominations for a position on the Board, the Board may submit nominations tothe Governor, who shall appoint members from among the nominees or request anew list.

2. The Governor may appoint any qualified person whois a resident of this State to the position which is to be occupied by a personwho represents the public.

(Added to NRS by 1960, 161; A 1977, 1250; 1981, 1380;1991, 2150)

NRS 628.085 Removalof member. The Governor shall remove from theBoard any member whose permit to practice has become void or has been revokedor suspended, and may, after a hearing, remove any member for neglect of dutyor other just cause.

(Added to NRS by 1960, 162)

NRS 628.090 Officersand employees.

1. Annually the Board shall elect a President and aSecretary-Treasurer from among its members.

2. The Board may employ such personnel, includingattorneys, investigators and other professional consultants, and arrange for suchassistance as the Board may require for the performance of its duties.

(Added to NRS by 1960, 162; A 1963, 147)

NRS 628.100 Quorum. A majority of the Board shall constitute a quorum for thetransaction of business.

(Added to NRS by 1960, 162; A 1973, 1128)

NRS 628.105 Offices. The Board may maintain offices in as many localities inthe State as it finds necessary to carry out the provisions of this chapter.

(Added to NRS by 1963, 147)

NRS 628.110 Compensationof members and employees.

1. Each member of the Board is entitled to receive:

(a) A salary of not more than $80 per day, as fixed bythe Board, while engaged in the business of the Board; and

(b) A per diem allowance and travel expenses at a ratefixed by the Board, while engaged in the business of the Board. The rate mustnot exceed the rate provided for state officers and employees generally.

2. While engaged in the business of the Board, eachemployee of the Board is entitled to receive a per diem allowance and travelexpenses at a rate fixed by the Board. The rate must not exceed the rateprovided for state officers and employees generally.

(Added to NRS by 1960, 162; A 1963, 147; 1971, 735;1989, 1696)

NRS 628.120 Regulations. The Board shall adopt regulations reasonably necessary andexpedient for the orderly conduct of its affairs and for the administration ofthis chapter.

(Added to NRS by 1960, 162; A 1971, 735; 1981, 1381)

NRS 628.130 Seal;records; website. The Board shall:

1. Have a seal of which judicial notice must be taken.

2. Keep records of its proceedings. In any proceedingsin court, civil or criminal, arising out of or founded upon any provision ofthis chapter, copies of those records certified as correct under the seal ofthe Board are admissible in evidence as tending to prove the contents of therecords.

3. Maintain a website on the Internet or its successorand post on its website:

(a) The names arranged alphabetically byclassifications of all accountants and business entities holding licenses, certificates,registrations or permits under this chapter.

(b) The names of the members of the Board.

(c) Such other matter as may be deemed proper by theBoard.

(Added to NRS by 1960, 162; A 1981, 1381; 2005, 251)

NRS 628.135 Fiscalyear. The Board shall operate on the basis ofa fiscal year commencing on July 1 and terminating on June 30.

(Added to NRS by 1963, 147)

NRS 628.140 Depositof money received by Board; delegation of authority concerning disciplinaryaction; deposit of fines imposed by Board; claim for attorneys fees or cost ofinvestigation.

1. Except as otherwise provided in subsection 3, allfees and other money received by the Board pursuant to the provisions of thischapter must be deposited in banks, credit unions or savings and loanassociations in the State of Nevada and expended solely for the purposes ofthis chapter. The money so deposited does not revert to the State General Fund.The compensation provided for by this chapter and all expenses incurred underthis chapter must be paid from this money. No compensation or expenses incurredunder this chapter may be charged against the State General Fund.

2. The Board may delegate to a hearing officer orpanel its authority to take any disciplinary action pursuant to this chapter,impose and collect civil penalties, court costs and attorneys fees thereforand deposit the money therefrom in banks, credit unions or savings and loanassociations in this State.

3. If a hearing officer or panel is not authorized totake disciplinary action pursuant to subsection 2 and the Board deposits themoney collected from the imposition of civil penalties, court costs andattorneys fees with the State Treasurer for credit to the State General Fund,it may present a claim to the State Board of Examiners for recommendation tothe Interim Finance Committee if money is needed to pay attorneys fees or thecosts of an investigation, or both.

(Added to NRS by 1960, 162; A 1963, 147; 1983, 1533; 1999, 1529)

NRS 628.160 Regulationsconcerning professional conduct: Procedure for adoption; notice.

1. The Board may by regulation adopt and amend rulesof professional conduct appropriate to establish and maintain a high standardof quality, integrity and dignity in the profession of public accountancy.

2. In addition to the requirements of chapter 233B of NRS, the Board shall, at least60 days before the adoption of any such rule or amendment, mail copies of theproposed rule or amendment to each holder of a live permit, to the addressshown in the records of the Board, together with a notice advising him of thedate, time and place of the hearing on the proposed rule or amendment andrequesting that he submit his comments thereon at least 15 days before thehearing. The comments are advisory only. Failure by inadvertence or error tomail the rule, amendment or notice to each holder of a permit does not affectthe validity of any rule or amendment if the Board has made an effort in goodfaith to mail the notice to all holders of permits.

3. The Board may adopt regulations concerning theprofessional conduct of corporations, partnerships and limited-liabilitycompanies practicing certified public accounting or public accounting which itdeems consistent with or required by the public welfare, including regulations:

(a) Governing the style, name and title of thecorporations, partnerships and limited-liability companies.

(b) Governing the affiliation of the corporations,partnerships and limited-liability companies with any other organizations.

(Added to NRS by 1960, 162; A 1971, 735; 1981, 1381;1989, 1601; 1995, 134; 1999,1695)

NRS 628.170 Boardmay establish certain committees. The Boardmay by regulation establish committees to assist in the management of itsaffairs and in the investigation of grievances.

(Added to NRS by 1960, 163; A 1971, 736; 1973, 1128;1981, 1382; 1989, 1601)

CERTIFIED PUBLIC ACCOUNTANTS

NRS 628.190 Qualificationsof applicant for certificate of certified public accountant; issuance ofprovisional certificate.

1. Except as otherwise provided in this section and NRS 628.310, a certificate of certifiedpublic accountant must be granted by the Board to any person who:

(a) Is a resident of this State or, if not a resident,has designated to the Board an agent who is a resident for notification andservice of process;

(b) Is a person who is without any history of actsinvolving dishonesty or moral turpitude;

(c) Complies with the requirements of education andexperience as provided in NRS 628.200;

(d) Has submitted to the Board a complete set of hisfingerprints and written permission authorizing the Board to forward thefingerprints to the Central Repository for Nevada Records of Criminal Historyfor submission to the Federal Bureau of Investigation for its report; and

(e) Has passed the examination prescribed by the Board.

2. The Board may refuse to grant a certificate ofcertified public accountant to an applicant if he has been convicted of afelony relating to the practice of a certified public accountant under the lawsof any state or of the United States.

3. The Board may issue a provisional certificate to anapplicant until the Board receives the report from the Federal Bureau ofInvestigation.

(Added to NRS by 1960, 164; A 1971, 220, 737; 1975,1295; 1981, 1383; 1989, 1602; 1993, 531; 1999, 1695; 2003, 2705)

NRS 628.200 Generalrequirements concerning education and experience.

1. Except as otherwise provided in subsection 4, therequirement of education for a certificate of certified public accountant is atleast 150 semester hours or an equivalent number of quarter hours and includesa baccalaureate degree or an equivalent degree from a college or universityrecognized by the Board:

(a) With a major in accounting, or what the Boarddetermines to be substantially the equivalent of a major in accounting; or

(b) With a major other than accounting supplemented bywhat the Board determines to be substantially the equivalent of an accountingmajor, including related courses in other areas of business administration.

2. The requirement for experience for a certificate ofcertified public accountant is:

(a) Two years of public accounting experience in apartnership, corporation, limited-liability company or sole proprietorshipengaged in the practice of public accounting under the direct supervision of aperson who is a certified public accountant; or

(b) Experience in internal auditing work orgovernmental accounting and auditing work of a character and for a length oftime sufficient in the opinion of the Board to be substantially equivalent tothe requirements of paragraph (a).

3. The Board:

(a) Shall adopt regulations concerning:

(1) The number of semester hours or anequivalent number of quarter hours in accounting and other courses required byan applicant to satisfy the requirements of subsection 1.

(2) The public accounting experience, internalauditing work, and governmental accounting and auditing work required by anapplicant to satisfy the requirements of subsection 2.

(b) May provide by regulation for the substitution ofqualified programs of continuing education to satisfy partially the requirementof experience described in paragraph (b) of subsection 2 or may add any programto the requirement of experience.

4. Notwithstanding any provision of this section tothe contrary, an applicant for a certificate of certified public accountant whohas received conditional credit pursuant to NRS628.260 for passing a section of the examination required for a certificate,and who applies that credit to his subsequent passage of the examination, issubject to the educational requirements to receive a certificate that were ineffect on the date on which he first received the conditional credit.

(Added to NRS by 1960, 164; A 1971, 738; 1981, 1383;1991, 2151; 1993, 507; 1995, 447; 1999, 1696; 2005, 252)

NRS 628.210 Requirementsconcerning education and experience for certain accountants. Repealed. (See chapter 91, Statutes of Nevada 2005,at page 255.)

 

NRS 628.230 Examination. The Board shall prescribe by regulation the methods ofapplying for and completing an examination, including grading and therequirements to pass the examination. The Board may use all or any part of theUniform Certified Public Accountant Examination and Advisory Grading Service ofthe American Institute of Certified Public Accountants as it deems appropriateto assist it in performing its duties hereunder.

(Added to NRS by 1960, 166; A 1971, 739; 1979, 672;1981, 1384; 1999,1697; 2005, 253)

NRS 628.240 Eligibilityfor examination of candidate who has not met requirement concerning experience. A candidate for a certificate of certified publicaccountant, who has met the educational requirements as provided in NRS 628.200, is eligible to take theexamination without waiting until he meets the requirements of experience if healso meets the requirements of paragraphs (a) and (b) of subsection 1 of NRS 628.190.

(Added to NRS by 1960, 166; A 1971, 739; 1981, 1384;1993, 532; 1999, 1697)

NRS 628.250 Requirementsfor status as certified public accountant; related fees. A candidate for the certificate of certified publicaccountant who has successfully completed the examination required by NRS 628.190 has no status as a certifiedpublic accountant until he has the requisite experience and has received hiscertificate as a certified public accountant. The Board may establish a fee forissuing a certificate and a fee for the evaluation of experience in amounts setin regulations adopted by the Board.

(Added to NRS by 1960, 166; A 1971, 739; 1979, 672;1981, 1385; 1989, 1602)

NRS 628.260 Reexamination.

1. The Board may by regulation prescribe the terms andconditions under which a candidate:

(a) Must pass all sections of the examinationprescribed by the Board pursuant to NRS628.190 to qualify for a certificate.

(b) Who, at any given examination, passes at least onesection, but not all sections, may receive conditional credit for each sectionpassed, and need not sit for reexamination in those sections. The Board may byregulation provide a limit on the time in which each candidate must pass allsections of the examination or lose any credit received.

2. The Board may give credit to a candidate who haspassed all or part of the examination in another state or other jurisdiction ofthe United States if the Board determines by regulation that the standardsunder which credit is granted for the examination are as high as the standardsestablished for the examination required by this chapter.

(Added to NRS by 1960, 166; A 1971, 740; 1979, 672;1981, 1385; 1993, 532; 1999,1697; 2005, 253)

NRS 628.280 Feefor examination.

1. The Board shall charge each candidate for acertificate of certified public accountant a fee, to be determined by the Boardby regulation, for the examination prescribed by the Board.

2. The applicable fee must be paid by the candidate atthe time he applies for examination.

(Added to NRS by 1960, 167; A 1971, 740; 1979, 673;1981, 1386; 1993, 532; 1999,1698; 2001, 569;2005, 253)

NRS 628.290 Conditionsfor use of designation certified public accountant or C.P.A. Any person who has received from the Board a certificateas a certified public accountant and who holds a permit issued under NRS 628.380, which is in full force andeffect, shall be styled and known as a certified public accountant and may alsouse the abbreviation C.P.A. The Board shall maintain a list of certifiedpublic accountants. Any certified public accountant may also be known as apublic accountant.

(Added to NRS by 1960, 167)

NRS 628.300 Validityof certificate of certified public accountant issued before April 1, 1960. Repealed. (See chapter 91, Statutes of Nevada 2005,at page 255.)

 

NRS 628.310 Waiverof examination and waiver of requirements for education or experience forperson holding certificate as certified public accountant from other state orcountry.

1. The Board may waive the examination, therequirements for education or the requirements for experience, or anycombination thereof, required under NRS628.190, and may issue a certificate as a certified public accountant toany person who is the holder of a certificate as a certified public accountantthen in effect issued under the laws of any state or other jurisdiction of theUnited States approved by the Board, constituting a recognized qualificationfor the practice of public accounting comparable to that of a certified publicaccountant of this State, if:

(a) The person has passed an examination that issubstantially the same as the examination conducted pursuant to NRS 628.230 with a grade that would havebeen a passing grade in this State on the date on which he received hisoriginal certificate;

(b) The person has experience in the practice of publicaccountancy, either as a certified public accountant or as a staff accountantemployed by a partnership, corporation, limited-liability company or soleproprietorship engaged in the practice of public accounting and working underthe direct supervision of a person who is a certified public accountant, whileholding a certificate as a certified public accountant for more than 4 of the10 years immediately preceding his making application pursuant to this chapter;and

(c) The requirements for education of the state orother jurisdiction from which the person received his original certificate aredetermined by the Board to satisfy the requirements for education of thisState.

2. The Board may waive the examination, the requirementsfor education or the requirements for experience, or any combination thereof,under NRS 628.190, and may issue acertificate as a certified public accountant to any person who is the holder ofan equivalent certificate then in effect issued by a foreign country if:

(a) Persons who are certified as public accountants inthis State are granted similar privileges by the foreign country in which theapplicant is certified;

(b) The applicants certificate:

(1) Was issued by the appropriate authority thatregulates the practice of public accountancy in the foreign country in whichthe certificate was issued;

(2) Has not expired or been revoked orsuspended; and

(3) Authorizes the applicant to issue reportsupon financial statements;

(c) The requirements for education and examination ofthe regulatory authority of the foreign country were substantially equivalentto the requirements for education and examination of this State on the date onwhich the applicant received his certificate;

(d) The applicant:

(1) Complied with requirements for experience inthe foreign country in which the certificate was issued that are substantiallyequivalent to the requirements set forth in NRS628.200; or

(2) Has completed in any state at least 4 yearsof public accounting experience, or equivalent experience determined to beappropriate by the Board, within the 10 years immediately preceding his makingapplication for certification in this State;

(e) The applicant has passed a written examination onnational standards for public accounting and ethics that is acceptable to theBoard; and

(f) The applicant submits with his application a listof all jurisdictions in which he has applied for and received a certificate to practicepublic accounting.

3. A person who is granted a certificate as acertified public accountant pursuant to subsection 2 shall notify the Board, inwriting, within 30 days after:

(a) He is issued an equivalent certificate to practicepublic accounting by another jurisdiction or is denied the issuance of such acertificate;

(b) A certificate to practice public accounting issuedto him by another jurisdiction is revoked or suspended; or

(c) Another jurisdiction in which he is certified topractice public accounting commences any type of disciplinary action againsthim.

(Added to NRS by 1960, 167; A 1971, 741; 1979, 673;1981, 1386; 1993, 546; 1999,1698; 2001, 569;2005, 254)

REGISTRATION OF PUBLIC ACCOUNTANTS, PARTNERSHIPS,CORPORATIONS, LIMITED-LIABILITY COMPANIES AND OFFICES AND REGISTRATION OFFICTITIOUS NAMES

NRS 628.325 Corporationor company for practice of public accounting: Organization; liability;ownership.

1. One or more natural persons may organize acorporation for the practice of public accounting under the ProfessionalCorporations and Associations Act, chapter 89of NRS. The corporation is not required to have more directors thanshareholders, but at least one director must be a shareholder. The otherdirectors need not, but may, be shareholders.

2. One or more natural persons may:

(a) Organize a corporation pursuant to chapter 78 of NRS;

(b) Qualify to do business as a foreign corporationpursuant to chapter 80 of NRS;

(c) Organize a limited-liability company pursuant to chapter 86 of NRS; or

(d) Register as a foreign limited-liability companypursuant to chapter 86 of NRS,

to practicepublic accounting.

3. The organization, qualification or registration ofa corporation or company pursuant to subsection 2:

(a) Does not modify:

(1) The relationship between an accountant and aclient;

(2) The liability arising out of thatrelationship; or

(3) The compliance of the corporation or companywith this chapter or any regulations adopted pursuant thereto.

(b) Does not render:

(1) A person liable in tort for any act in whichhe has not personally participated.

(2) The manager, a member or an employee of alimited-liability company liable in contract for any contract which he executeson behalf of a limited-liability company within the limits of his authority.

4. Notwithstanding any specific statute to thecontrary, a simple majority of the ownership of a corporation, partnership orlimited-liability company organized for the practice of public accounting inthis State, in terms of the financial interests and voting rights of allshareholders, partners, officers, members and principals thereof, must belongto persons who are certified public accountants in any state or registeredpublic accountants in this State. Each shareholder, partner, officer, member orprincipal whose principal place of business is in this State and who performsprofessional services in this State must be:

(a) If the corporation, partnership orlimited-liability company registered with the Board is a corporation,partnership or limited-liability company of certified public accountants, acertified public accountant in this State in good standing; and

(b) If the corporation, partnership orlimited-liability company registered with the Board is a corporation,partnership or limited-liability company of public accountants, a certifiedpublic accountant or registered public accountant in this State in goodstanding.

5. A corporation, partnership or limited-liabilitycompany organized for the practice of public accounting in this State may haveas a shareholder, partner, officer, member or principle any natural person whois not a certified public accountant in any state or a registered publicaccountant in this State if:

(a) The natural person is actively engaged in thebusiness of the corporation, partnership or limited-liability company, or anyaffiliate thereof; and

(b) The corporation, partnership or limited-liabilitycompany complies with any other requirements that the Board by regulation mayimpose.

(Added to NRS by 1971, 748; A 1995, 1477; 1997, 924; 1999, 1699)

NRS 628.340 Requirementsfor registration as partnership of certified public accountants.

1. A partnership engaged in this State in the practiceof public accounting shall register with the Board as a partnership ofcertified public accountants and meet the following requirements:

(a) At least one general partner must be a certifiedpublic accountant of this State in good standing.

(b) Each partner who is a resident of this State and ispersonally and regularly engaged within this State in the practice of publicaccounting as a member thereof must be a certified public accountant of thisState in good standing.

(c) Each partner who personally engages in the practiceof public accounting in this State and who is not a resident of this State andis not regularly employed in an office of the firm in this State must be acertified public accountant in good standing of some state or a jurisdiction ofthe United States approved by the Board by regulation.

(d) Each partner who is regularly engaged in thepractice of public accounting within the United States must be a certifiedpublic accountant in good standing of some state or jurisdiction of the UnitedStates approved by the Board by regulation.

(e) Each manager in charge of an office of the firm inthis State must be a certified public accountant of this State in goodstanding.

(f) A corporation or limited-liability company which isregistered pursuant to NRS 628.343 or 628.345 may be a partner, and a partnershipwhich is registered pursuant to this section may be a general partner, in apartnership engaged in the practice of public accounting.

2. Application for registration must be made upon theaffidavit of a general partner who holds a live permit to practice in thisState as a certified public accountant. The Board shall determine whether theapplicant is eligible for registration and may charge an initial fee and anannual renewal fee set by the Board by regulation. A partnership which is soregistered may use the words certified public accountants or the abbreviationC.P.A.s or CPAs in connection with its partnership name. Notice must begiven to the Board within 1 month after the admission to or withdrawal of apartner from any partnership so registered.

(Added to NRS by 1960, 167; A 1971, 741; 1979, 673;1981, 1386; 1995, 1477; 1997, 925)

NRS 628.343 Requirementsfor registration as corporation of certified public accountants.

1. A corporation organized for the practice of publicaccounting shall register with the Board as a corporation of certified publicaccountants and comply with the following requirements:

(a) The sole purpose and business of the corporationmust be to furnish to the public services not inconsistent with this chapter orthe regulations of the Board, except that the corporation may invest its moneyin a manner not incompatible with the practice of public accounting.

(b) The principal officer of the corporation and anyofficer or director having authority over the practice of public accounting bythe corporation must be a certified public accountant of some state in goodstanding.

(c) At least one shareholder of the corporation must bea certified public accountant of this State in good standing.

(d) Each manager in charge of an office of thecorporation in this State and each shareholder or director who is regularly andpersonally engaged within this State in the practice of public accounting mustbe a certified public accountant of this State in good standing.

(e) In order to facilitate compliance with theprovisions of this section relating to the ownership of stock, there must be awritten agreement binding the shareholders or the corporation to purchase anyshares offered for sale by, or not under the ownership or effective control of,a qualified shareholder. The corporation may retire any amount of stock forthis purpose, notwithstanding any impairment of its capital, so long as oneshare remains outstanding.

(f) The corporation shall comply with other regulationspertaining to corporations practicing public accounting in this State adoptedby the Board.

2. Application for registration must be made upon theaffidavit of a shareholder who holds a live permit to practice in this State asa certified public accountant. The Board shall determine whether the applicantis eligible for registration and may charge an initial fee and an annualrenewal fee set by the Board by regulation. A corporation which is so registeredmay use the words certified public accountants or the abbreviation C.P.A.sor CPAs in connection with its corporate name. Notice must be given to theBoard within 1 month after the admission to or withdrawal of a shareholder fromany corporation so registered.

(Added to NRS by 1995, 1474; A 1997, 926; 1999, 1701)

NRS 628.345 Requirementsfor registration as limited-liability company of certified public accountants.

1. A limited-liability company organized for thepractice of public accounting shall register with the Board as alimited-liability company of certified public accountants and comply with thefollowing requirements:

(a) The sole purpose and business of thelimited-liability company must be to furnish to the public services notinconsistent with this chapter or the regulations of the Board, except that thelimited-liability company may invest its money in a manner not incompatiblewith the practice of public accounting.

(b) The manager, if any, of the limited-liabilitycompany must be a certified public accountant of some state in good standing.

(c) At least one member of the limited-liabilitycompany must be a certified public accountant of this State in good standing.

(d) Each person in charge of an office of thelimited-liability company in this State and each member who is regularly andpersonally engaged within this State in the practice of public accounting mustbe a certified public accountant of this State in good standing.

(e) In order to facilitate compliance with theprovisions of this section relating to the ownership of interests, there mustbe a written agreement binding the members or the limited-liability company topurchase any interest offered for sale by, or not under the ownership oreffective control of, a qualified member.

(f) The limited-liability company shall comply withother regulations pertaining to limited-liability companies practicing publicaccounting in this State adopted by the Board.

2. Application for registration must be made upon theaffidavit of the manager or a member of the limited-liability company. Theaffiant must hold a live permit to practice in this State as a certified publicaccountant. The Board shall determine whether the applicant is eligible forregistration and may charge an initial fee and an annual renewal fee set by theBoard by regulation. A limited-liability company which is so registered may usethe words certified public accountants or the abbreviation C.P.A.s orCPAs in connection with its name. Notice must be given to the Board within 1month after the admission to or withdrawal of a member from anylimited-liability company so registered.

(Added to NRS by 1995, 1474; A 1999, 1701)

NRS 628.350 Requirementsfor issuance of license as public accountant. Alicense as a public accountant may be issued only to persons who have met therequirements of NRS 628.190.

(Added to NRS by 1960, 168; A 1973, 1129; 1975, 1295;1981, 1387; 2005, 255)

NRS 628.360 Requirementsfor registration as partnership of public accountants.

1. A partnership engaged in this State in the practiceof public accounting shall register with the Board as a partnership of publicaccountants and meet the following requirements:

(a) At least one general partner thereof must be acertified public accountant or a registered public accountant of this State ingood standing.

(b) Each partner thereof personally and regularlyengaged within this State in the practice of public accounting as a memberthereof must be a certified public accountant or a registered public accountantof this State in good standing.

(c) Each manager in charge of an office of the firm inthis State must be a certified public accountant or a registered publicaccountant of this State in good standing.

(d) A corporation or limited-liability company which isregistered pursuant to NRS 628.363 or 628.365 may be a partner, and a partnershipwhich is registered pursuant to this section may be a general partner, in apartnership engaged in the practice of public accounting.

2. Application for registration must be made upon theaffidavit of a general partner who holds a live permit to practice in thisState as a certified public accountant or as a registered public accountant.The Board shall determine whether the applicant is eligible for registration.The Board may charge a registration fee and renewal fee and a reporting fee inan amount set by regulation. A partnership which is so registered may use thewords public accountants in connection with its partnership name. Notice mustbe given to the Board within 1 month after the admission to or withdrawal of apartner from any partnership so registered.

(Added to NRS by 1960, 169; A 1971, 742; 1979, 674;1981, 1388; 1995, 1478; 1997, 927)

NRS 628.363 Requirementsfor registration as corporation of public accountants.

1. A corporation organized for the practice of publicaccounting shall register with the Board as a corporation of public accountantsand comply with the following requirements:

(a) The sole purpose and business of the corporationmust be to furnish to the public services not inconsistent with this chapter orthe regulations of the Board, except that the corporation may invest its moneyin a manner not incompatible with the practice of public accounting.

(b) The principal officer of the corporation and anyofficer or director having authority over the practice of public accounting bythe corporation must be a certified public accountant or registered publicaccountant of this State in good standing.

(c) Each manager in charge of an office of thecorporation in this State must be a certified public accountant or a registeredpublic accountant of this State in good standing.

(d) In order to facilitate compliance with the provisionsof this section relating to the ownership of stock, there must be a writtenagreement binding the shareholders or the corporation to purchase any sharesoffered for sale by, or not under the ownership or effective control of, aqualified shareholder. The corporation may retire any amount of stock for thispurpose, notwithstanding any impairment of its capital, so long as one shareremains outstanding.

(e) The corporation shall comply with other regulationspertaining to corporations practicing public accounting in this State adoptedby the Board.

2. Application for registration must be made upon theaffidavit of a shareholder who holds a live permit to practice in this State asa certified public accountant or as a registered public accountant. The Boardshall determine whether the applicant is eligible for registration. The Boardmay charge a registration fee and renewal fee and a reporting fee in an amountset by regulation. A corporation which is so registered may use the wordspublic accountants in connection with its corporate name. Notice must begiven to the Board within 1 month after the admission to or withdrawal of ashareholder from any corporation so registered.

(Added to NRS by 1995, 1476; A 1997, 927; 1999, 1702)

NRS 628.365 Requirementsfor registration as limited-liability company of public accountants.

1. A limited-liability company organized for thepractice of public accounting shall register with the Board as alimited-liability company of public accountants and comply with the followingrequirements:

(a) The sole purpose and business of the limited-liabilitycompany must be to furnish to the public services not inconsistent with thischapter or the regulations of the Board, except that the limited-liabilitycompany may invest its money in a manner not incompatible with the practice ofpublic accounting.

(b) The manager, if any, of the limited-liabilitycompany must be a certified public accountant or registered public accountantof this State in good standing.

(c) Each person in charge of an office of thelimited-liability company in this State must be a certified public accountantor a registered public accountant of this State in good standing.

(d) In order to facilitate compliance with theprovisions of this section relating to the ownership of interests, there mustbe a written agreement binding the members or the limited-liability company topurchase any interest offered for sale by, or not under the ownership oreffective control of, a qualified member.

(e) The limited-liability company shall comply withother regulations pertaining to limited-liability companies practicing publicaccounting in this State adopted by the Board.

2. Application for registration must be made upon theaffidavit of the manager or a member of the limited-liability company. Theaffiant must hold a live permit to practice in this State as a certified publicaccountant or as a registered public accountant. The Board shall determinewhether the applicant is eligible for registration. The Board may charge aregistration fee and renewal fee and a reporting fee in an amount set byregulation. A limited-liability company which is so registered may use thewords public accountants in connection with its name. Notice must be given tothe Board within 1 month after the admission to or withdrawal of a member of alimited-liability company so registered.

(Added to NRS by 1995, 1475; A 1999, 1703)

NRS 628.370 Registrationof offices.

1. Each office established or maintained in this Statefor the practice of public accounting in this State by a certified publicaccountant or a partnership, corporation or limited-liability company composedof certified public accountants, or by a registered public accountant or apartnership, corporation or limited-liability company composed of registeredpublic accountants, must be registered annually under this chapter with theBoard. The Board may charge a fee for the registration of an office in anamount set by regulation.

2. Each office must be under the supervision of amanager, who may be a partner, shareholder, member or employee holding acertificate and a live permit.

3. The Board shall by regulation prescribe theprocedure to be followed in registering offices.

(Added to NRS by 1960, 169; A 1971, 743; 1981, 1389;1995, 1479; 1997, 928)

NRS 628.375 Registrationof fictitious names.

1. Before a certified public accountant or registeredpublic accountant or a partnership, corporation or limited-liability companycomposed of certified public accountants or registered public accountantsengages in the practice of public accounting in this State under a fictitiousname, it must register the fictitious name with the Board.

2. The Board shall adopt regulations to carry out theprovisions of this section, including, without limitation, regulations thatprescribe:

(a) The procedure for registering a fictitious namewith the Board; and

(b) The fee for registering a fictitious name with theBoard.

(Added to NRS by 2001, 568)

PERMIT FOR PUBLIC ACCOUNTING

NRS 628.380 Permitto engage in practice of public accounting: Requirements; expiration; issuanceand renewal; fee.

1. Permits to engage in the practice of publicaccounting in this State must be issued by the Board to holders of thecertificate of certified public accountant issued under NRS 628.190 to 628.310, inclusive, and to registeredpublic accountants registered or licensed pursuant to NRS 628.350, if all offices of the holderof a certificate or registrant are maintained and registered as required under NRS 628.370, and if the holder of acertificate or registrant has complied with the continuing education requirementsprovided in this chapter and in the Boards regulations.

2. All permits expire on December 31 of each year andmay be renewed annually for a period of 1 year by holders of certificates andregistrants in good standing upon payment of an annual renewal fee set by theBoard by regulation.

3. Failure of a holder of a certificate or registrantto apply for an annual permit to practice deprives him of the right to apermit, unless the Board, in its discretion, determines that the failure wascaused by excusable neglect.

4. The Board shall adopt a regulation specifying thefee for the renewal of a permit after January 31 of each year.

5. The Board may provide by regulation for the placingof certificates and registrations on a retired or inactive status. Theregulation may provide for a procedure for applying for retired or inactivestatus and for applying to return to active status, and must specify fees, ifany, to accompany the applications.

(Added to NRS by 1960, 170; A 1971, 743; 1973, 1130;1981, 1389; 1999,1704; 2001, 570)

CONTINUING EDUCATION

NRS 628.385 Legislativefindings. The Legislature finds that:

1. The explosion of knowledge and the increasingcomplexity of practice make it essential that certified public accountants andpublic accountants continue to develop their competence and maintain thegeneral quality of the practice of their profession.

2. The public interest requires that certified publicaccountants and registered public accountants provide competent service in allareas of their practice.

3. Formal programs of continuing education providecertified public accountants and public accountants with the opportunity tomaintain the general quality of the practice of their profession.

4. It is in the public interest to require thatcertified public accountants and registered public accountants who havecertificates and who have been registered, respectively, under the provisionsof this chapter comply with requirements for continuing education adopted bythe Board as a prerequisite to the issuance or renewal of permits to engage inthe practice of public accounting pursuant to NRS628.380.

(Added to NRS by 1973, 1127; A 1981, 1390)

NRS 628.386 Adoptionof regulations.

1. The Board may by regulation prescribe, amend orrepeal rules, including, but not limited to:

(a) A definition of basic requirements for continuingeducation;

(b) A delineation of qualifying programs;

(c) A system of control and reporting; and

(d) A program to ensure that licensees are maintainingthe standards of the profession.

2. In exercising its power under this section, theBoard shall establish standards which will assure reasonable currency ofknowledge as a basis for a high standard of practice by certified publicaccountants and registered public accountants. The standards must beestablished in a manner to assure that a variety of alternatives are availableto certificate holders and registrants to comply with the requirements ofcontinuing education for renewal of permits and must take cognizance ofspecialized areas of practice.

(Added to NRS by 1973, 1127; A 1981, 1390; 1989,1603)

NRS 628.387 Exemptions. The Board may, in accordance with the intent of thischapter, make exceptions from continuing education requirements for certificateholders or registrants not engaged in public practice, or for reasons ofhealth, military service or other good cause, except that if such certificateholder or registrant returns to the practice of public accounting he shall meetsuch continuing education requirements as the Board may determine.

(Added to NRS by 1973, 1128)

NRS 628.388 Committeeon Continuing Education. The Board may appointa Committee on Continuing Education consisting of certified public accountantsand registered public accountants in active practice and holding live permits.Upon assignment and as directed by the Board, the Committee shall assist theBoard in the administration of the provisions of this chapter for continuingeducation.

(Added to NRS by 1973, 1128; A 1981, 1391)

DISCIPLINARY ACTION

NRS 628.390 Grounds;penalties; private censure prohibited; orders imposing discipline deemed publicrecords.

1. After giving notice and conducting a hearing, theBoard may revoke, or may suspend for a period of not more than 5 years, anycertificate issued under NRS 628.190 to 628.310, inclusive, any registration orlicense granted to a registered public accountant under NRS 628.350, or any registration of apartnership, corporation, limited-liability company or office, or may revoke,suspend or refuse to renew any permit issued under NRS 628.380, or may publicly censure theholder of any permit, for any one or any combination of the following causes:

(a) Fraud or deceit in obtaining a certificate as acertified public accountant, or in obtaining registration or a license as apublic accountant under this chapter, or in obtaining a permit to practicepublic accounting under this chapter.

(b) Dishonesty, fraud or gross negligence by acertified or registered public accountant in the practice of public accountingor, if not in the practice of public accounting, of a kind which adverselyaffects the ability to perform public accounting.

(c) Violation of any of the provisions of this chapter.

(d) Violation of a regulation or rule of professionalconduct adopted by the Board under the authority granted by this chapter.

(e) Conviction of a felony under the laws of any stateor of the United States relating to the practice of public accounting.

(f) Conviction of any crime, an element of which isdishonesty or fraud, under the laws of any state or of the United States.

(g) Cancellation, revocation, suspension or refusal torenew authority to practice as a certified public accountant or a registeredpublic accountant by any other state, for any cause other than failure to payan annual registration fee or to comply with requirements for continuingeducation or review of his practice in the other state.

(h) Suspension or revocation of the right to practicebefore any state or federal agency.

(i) Unless the person has been placed on inactive orretired status, failure to obtain an annual permit under NRS 628.380, within:

(1) Sixty days after the expiration date of thepermit to practice last obtained or renewed by the holder of a certificate orregistrant; or

(2) Sixty days after the date upon which theholder of a certificate or registrant was granted his certificate orregistration, if no permit was ever issued to him, unless the failure has beenexcused by the Board.

(j) Conduct discreditable to the profession of publicaccounting or which reflects adversely upon the fitness of the person to engagein the practice of public accounting.

(k) Making a false or misleading statement in supportof an application for a certificate, registration or permit of another person.

2. After giving notice and conducting a hearing, theBoard may deny an application to take the examination prescribed by the Boardpursuant to NRS 628.190, deny a personadmission to such an examination, invalidate a grade received for such anexamination or deny an application for a certificate issued pursuant to NRS 628.190 to 628.310, inclusive, to a person who has:

(a) Made any false or fraudulent statement, or anymisleading statement or omission relating to a material fact in an application:

(1) To take the examination prescribed by theBoard pursuant to NRS 628.190; or

(2) For a certificate issued pursuant to NRS 628.190 to 628.310, inclusive;

(b) Cheated on an examination prescribed by the Boardpursuant to NRS 628.190 or any suchexamination taken in another state or jurisdiction of the United States;

(c) Aided, abetted or conspired with any person in aviolation of the provisions of paragraph (a) or (b); or

(d) Committed any combination of the acts set forth inparagraphs (a), (b) and (c).

3. In addition to other penalties prescribed by thissection, the Board may impose a civil penalty of not more than $5,000 for eachviolation of this section.

4. The Board shall not privately censure the holder ofany permit, license or certificate of registration.

5. An order that imposes discipline and the findingsof fact and conclusions of law supporting that order are public records.

(Added to NRS by 1960, 170; A 1981, 1391; 1983, 1534;1989, 1603; 1993, 547; 1995, 1480; 1999, 1704; 2001, 571; 2003, 2706, 3425)

NRS 628.393 Suspensionof certificate, registration, license or permit for failure to pay childsupport or comply with certain subpoenas or warrants; reinstatement ofcertificate, registration, license or permit. [Expires by limitation 2 yearsafter the date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

1. If the Board receives a copy of a court orderissued pursuant to NRS 425.540 that providesfor the suspension of all professional, occupational and recreational licenses,certificates and permits issued to a person who is the holder of a certificateissued pursuant to NRS 628.190 to 628.310, inclusive, a registration orlicense granted to a registered public accountant pursuant to NRS 628.350 or a permit issued pursuant to NRS 628.380, the Board shall deem thecertificate, registration, license or permit issued to that person to besuspended at the end of the 30th day after the date on which the court orderwas issued unless the Board receives a letter issued to the holder of thecertificate, registration, license or permit by the district attorney or otherpublic agency pursuant to NRS 425.550stating that the holder of the certificate, registration, license or permit hascomplied with the subpoena or warrant or has satisfied the arrearage pursuantto NRS 425.560.

2. The Board shall reinstate a certificate issuedpursuant to NRS 628.190 to 628.310, inclusive, a registration orlicense granted to a registered public accountant pursuant to NRS 628.350 or a permit issued pursuant to NRS 628.380 that has been suspended by adistrict court pursuant to NRS 425.540if the Board receives a letter issued by the district attorney or other publicagency pursuant to NRS 425.550 to theperson whose certificate, registration, license or permit was suspended statingthat the person whose certificate, registration, license or permit wassuspended has complied with the subpoena or warrant or has satisfied thearrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2118; A 2005, 2807)

NRS 628.395 Probation. In addition to any penalty which it may assess pursuant toNRS 628.390, the Board may suspend anyof the provisions of an order issued pursuant to that section and place thecertified or registered public accountant on probation, subject to limitationsand conditions specified by the Board, which may include requirements forcontinuing education or for a review of the accountants practice, eitherperiodically or continuously.

(Added to NRS by 1981, 1380)

NRS 628.400 Partnerships,corporations and limited-liability companies: Revocation or suspension ofregistration; sanctions; censure; additional grounds for disciplinary action.

1. After giving notice and conducting a hearing, theBoard shall revoke the registration of a partnership, corporation orlimited-liability company if at any time it does not have all thequalifications prescribed by the section of this chapter under which itqualified for registration.

2. After giving notice and conducting a hearing, theBoard may revoke or suspend the registration of a partnership, corporation orlimited-liability company, or may censure the partnership, corporation orlimited-liability company, or impose a sanction authorized by NRS 628.390, for any of the causesenumerated in subsection 1 of NRS 628.390,or for one or both of the following additional causes:

(a) The revocation or suspension of the certificate orregistration or the revocation or suspension or refusal to renew the permit topractice of any partner or shareholder who is personally engaged in thepractice of public accounting in this State, whether or not he holds a livepermit in this State.

(b) The cancellation, revocation, suspension or refusalto renew the authority of the partnership, corporation or limited-liabilitycompany, or any partner, shareholder or member thereof to practice publicaccounting in any other state for any cause other than failure to pay an annualregistration fee or comply with a requirement for continuing education orpractice review in the other state.

(Added to NRS by 1960, 171; A 1971, 744; 1981, 1392;1995, 1481; 2001, 572)

NRS 628.410 Hearings.

1. The Board may initiate proceedings under thischapter either on its own motion or on the complaint of any person.

2. A written notice of the hearing must be served onthe respondent not less than 30 days before the date of the hearing, eitherpersonally or by mailing a copy thereof by registered or certified mail to theaddress of the respondent last known to the Board.

3. If, after having been served with the notice ofhearing, the respondent fails to appear at the hearing and defend, the Boardmay proceed to hear evidence against him and may enter such order as isjustified by the evidence. The order is final unless the respondent petitionsfor a review thereof. Within 30 days after the date of any order, upon ashowing of good cause for failing to appear and defend, the Board may reopenthe proceedings and may permit the respondent to submit evidence in his behalf.

4. At any hearing a respondent may be representedbefore the Board by counsel or by a certified public accountant or registeredpublic accountant of this State in good standing. The respondent is entitled,on application to the Board, to the issuance of subpoenas to compel theattendance of witnesses on his behalf.

5. The Board, or any member thereof, may issuesubpoenas to compel the attendance of witnesses and the production ofdocuments. In case of disobedience to a subpoena the Board may invoke the aidof any court of this State in requiring the attendance and testimony ofwitnesses and the production of documentary evidence.

6. A hearing may be conducted by:

(a) The Board, less any member or members who have beendisqualified, without the appointment of persons to hear the case in place ofthe disqualified members; or

(b) A member of the Board appointed by the Board as ahearing officer, with the remaining members of the Board, less any member ormembers who have been disqualified, to review the record, make a final decisionand issue the order,

unless theBoard, after disqualifications, consists of less than three members to hear orreview the case, in which circumstance the Governor must appoint one or morequalified persons so that the panel which hears or reviews the case consists ofat least three persons.

7. A stenographic record of the hearing must be keptand a transcript thereof filed with the Board.

8. At all hearings the Attorney General or one of hisdeputies designated by him or such other legal counsel as may be employed shallappear and represent the Board.

9. The decision of the Board must be by majority votethereof.

(Added to NRS by 1960, 171; A 1969, 95; 1971, 744;1981, 98, 1392; 1989, 1604)

NRS 628.415 Disciplinaryaction by hearing officer or panel: Procedural requirements; powers and dutiesof officer or panel; appeal.

1. Any disciplinary action taken by a hearing officeror panel pursuant to NRS 628.140 issubject to the same procedural requirements which apply to disciplinary actionstaken by the Board, and the officer or panel has those powers and duties givento the Board in relation thereto.

2. A decision of the hearing officer or panel relatingto the imposition of a civil penalty, costs and attorneys fees is a finaldecision in a contested case. Any party aggrieved by a decision of the officeror panel to place a certified or registered public accountant on probation orrevoke or suspend a certificate, permit, registration or license may appealthat decision to the Board.

(Added to NRS by 1983, 1533; A 1989, 1605)

NRS 628.418 Certainrecords relating to investigation deemed confidential; certain records relatingto disciplinary action deemed public records.

1. Except as otherwise provided in this section, acomplaint filed with the Board, all documents and other information filed withthe complaint and all documents and other information compiled as a result ofan investigation conducted to determine whether to initiate disciplinary actionare confidential.

2. The complaint or other document filed by the Boardto initiate disciplinary action and all documents and information considered bythe Board when determining whether to impose discipline are public records.

(Added to NRS by 2003, 3425)

NRS 628.420 Reregistration,issuance of new certificate or modification of order after application andhearing; exception. [Effective until the date 2 years after the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.] Upon application in writing and after a hearing, the Boardmay:

1. Issue a new certificate to a certified publicaccountant whose certificate has been revoked;

2. Permit the reregistration of a public accountantwhose registration has been revoked;

3. Reissue or modify the suspension of any permit topractice public accounting which has been revoked or suspended, unless thepermit was suspended pursuant to NRS 425.540;or

4. Modify any action taken against any person or anyorder which it has issued pursuant to NRS 628.390.

(Added to NRS by 1960, 172; A 1981, 1394; 1997, 2118;2005, 2807)

NRS 628.420 Reregistration, issuance of newcertificate or modification of order after application and hearing. [Effectiveon the date 2 years after the date of the repeal of the federal law requiringeach state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.] Upon applicationin writing and after a hearing, the Board may:

1. Issue a new certificate to a certified publicaccountant whose certificate has been revoked;

2. Permit the reregistration of a public accountantwhose registration has been revoked;

3. Reissue or modify the suspension of any permit topractice public accounting which has been revoked or suspended; or

4. Modify any action taken against any person or anyorder which it has issued pursuant to NRS628.390.

(Added to NRS by 1960, 172; A 1981, 1394; 1997, 2118;2005, 2807,effective on the date 2 years after the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings)

MISCELLANEOUS PROVISIONS

NRS 628.430 Statement,record or memorandum made by accountant in course of professional service isproperty of accountant; exception; limitations on transfer. All statements, records, schedules, working papers andmemoranda made by a certified public accountant or a registered publicaccountant incident to or in the course of professional service to clients bythe accountant, except reports submitted by a certified public accountant or aregistered public accountant to a client, are the property of the accountant,in the absence of an express agreement between the accountant and the client tothe contrary. No such statement, record, schedule, working paper or memorandummay be sold, transferred or bequeathed, without the consent of the client orhis personal representative or assignee, to anyone other than one or moresurviving partners or new partners of the accountant or to his corporation.

(Added to NRS by 1960, 173; A 1971, 745; 1981, 1394)

NRS 628.435 Requirementsfor retaining, changing and destroying documentation related to attestation.

1. Except as otherwise provided in this section, apractitioner shall retain all documentation related to an attestation for notless than 7 years after the date on which the practitioner delivers theattestation to the client.

2. Documentation related to an attestation that, atthe end of the retention period set forth in subsection 1, is a part of orsubject to a pending investigation of, or disciplinary action against, apractitioner must be retained and must not be destroyed until the practitionerhas been notified in writing that the investigation or disciplinary action hasbeen closed or concluded.

3. Any change in documentation related to anattestation must set forth the identity of each person making the change, theidentity of each person approving the change, the date on which the change is madeand the reason for the change if the reason is other than the assembling ofpreexisting documents. Any documentation related to an attestation which ischanged must contain sufficient detail to enable a person reviewing the changeddocumentation who has relevant knowledge and experience but no previousconnection with the attestation, to understand the nature, timing, reasoningfor and extent of the change.

4. During the 60 days immediately after the date onwhich a practitioner delivers an attestation to a client, documents may beadded to the file for assemblage and documentation of work previouslyperformed. The provisions of this subsection do not authorize the deferral ofprocedures related to attestations that are otherwise required to be performedbefore the date of issuance of the attestation.

5. Each practitioner shall establish a policy for theretention and destruction of documentation related to any attestation made bythe practitioner. The policy must provide for the preservation of documentationrelated to an attestation for the period required pursuant to subsection 1 andfor the authorized custody, security, access, retention and destruction of thedocumentation. The policy must be in writing and must include, withoutlimitation, procedures for:

(a) Maintaining back-up copies of electronicdocumentation related to attestations at secure locations;

(b) Maintaining documentation related to attestations;

(c) Approving any changes to documentation related toattestations; and

(d) Approving the destruction of documentation relatedto attestations after that documentation is no longer required to bemaintained. The procedures must provide for the identification of thosepersons, by name or position, who are authorized to approve the destruction ofthe documentation.

6. As used in this section:

(a) Change in documentation related to an attestationincludes any addition, removal, deletion, substitution or editing ofdocumentation related to an attestation, including, without limitation, physicalor electronic additions to any file containing documentation related to anattestation or to any preexisting documentation related to an attestation, ifthe addition, removal, deletion, substitution or editing:

(1) Occurs after the date on which theattestation is delivered to the client; and

(2) Is supported by the documentation related tothe attestation.

(b) Documentation related to an attestation includes,without limitation:

(1) All documentation relating to consultationsand resolutions of any differences of professional opinion regarding theexercise of professional judgment relating to an attestation; and

(2) Documentation of the findings or issuesrelated to the attestation that, based on the judgment of the practitionerafter an objective analysis of the facts and circumstances, are determined tobe significant, regardless of whether the documentation includes information ordata that is inconsistent with the final conclusions of the practitioner.

(c) Practitioner means:

(1) A holder of a certificate issued pursuant toNRS 628.190 to 628.310, inclusive, any registration orlicense granted to a registered public accountant pursuant to NRS 628.350 or a permit issued pursuant to NRS 628.380; or

(2) A certified public accountant or registeredpublic accountant or a partnership, corporation or limited-liability companycomposed of certified public accountants or registered public accountants whichdoes not hold a live permit and does not have a registered office or residencein this State, but has been issued, or has applied for, a temporary permitpursuant to NRS 628.440.

(Added to NRS by 2005, 250)

NRS 628.440 Employeeof accountant; requirements for temporary practice by nonresident accountant.

1. This chapter does not prohibit any person fromserving as an employee of, or an assistant to, a certified public accountant orregistered public accountant who holds a live permit, or a partnership,corporation or limited-liability company composed of certified publicaccountants or registered public accountants registered pursuant to NRS 628.340, 628.343, 628.345,628.360, 628.363 or 628.365 if the employee or assistant doesnot issue any accounting or financial statement over his name.

2. The Board may adopt regulations providing for theissuance of temporary permits to persons who do not hold live permits and donot have a registered office or residence in this State, or to partnerships,corporations and limited-liability companies which are not registered and haveno registered office, to permit those persons, partnerships, corporations andlimited-liability companies to fulfill specific engagements or employments inthis State. A temporary permit:

(a) Is valid for no more than 6 months;

(b) Covers only one engagement; and

(c) May not be issued to any person unless he is acertified public accountant or registered public accountant of another state orjurisdiction of the United States approved by the Board, or to any partnership,corporation or limited-liability company unless all of the partners,shareholders or members thereof are certified public accountants or registeredpublic accountants of another state or a jurisdiction of the United Statesapproved by the Board.

3. Each person, partnership, corporation andlimited-liability company applying for a temporary permit shall file with theBoard a designation and acceptance of a resident agent for service of legalprocess and shall pay a fee established by the Board by regulation beforecommencing work for a client.

4. The person, partner, shareholder or member who isresponsible for the conduct of the engagement shall be deemed to be personallyengaged in the practice of public accounting in this State, and must meet allrequirements of NRS 628.310 andrequirements for continuing education.

5. A person who holds a temporary permit is subject toall of the provisions of this chapter relating to discipline. The Board mayrefuse to act upon an application for further permits for a period of time setby the Board, or may refuse to issue a temporary permit to any person,partnership corporation or limited-liability company if disciplinaryproceedings are pending in any jurisdiction.

(Added to NRS by 1960, 173; A 1971, 746; 1981, 1394;1989, 1605; 1995, 1481)

UNLAWFUL ACTS; INJUNCTIVE RELIEF; PENALTIES

NRS 628.450 Unlawfuluse of designation certified public accountant or C.P.A. A natural person shall not assume or use the title ordesignation certified public accountant or the abbreviation C.P.A. or anyother title, designation, words, letters, abbreviation, sign, card or devicetending to indicate that he is a certified public accountant, unless he hasreceived a certificate as a certified public accountant under NRS 628.190 to 628.310, inclusive, holds a live permit,and all of his offices in this State for the practice of public accounting aremaintained and registered as required under NRS628.370.

(Added to NRS by 1960, 173; A 1981, 1395; 1987, 1313)

NRS 628.460 Unlawfuluse of designation certified public accountant or C.P.A. by partnership,corporation or limited-liability company. Apartnership, corporation or limited-liability company shall not assume or usethe title or designation certified public accountant or the abbreviationC.P.A. or any other title, designation, words, letters, abbreviation, sign,card or device tending to indicate that the partnership, corporation orlimited-liability company is composed of certified public accountants unlessthe partnership, corporation or limited-liability company is registered as apartnership, corporation or limited-liability company of certified publicaccountants and all offices of the partnership, corporation orlimited-liability company in this State for the practice of public accountingare maintained and registered as required under NRS 628.370.

(Added to NRS by 1960, 173; A 1971, 746; 1981, 1395;1995, 1482)

NRS 628.470 Unlawfuluse of designation public accountant or registered public accountant. A natural person shall not assume or use the title ordesignation public accountant, registered public accountant or any othertitle, designation, words, letters, abbreviation, sign, card or device tendingto indicate that he is a public accountant unless he is a registered publicaccountant, holds a live permit, and all of his offices in this State for thepractice of public accounting are maintained and registered as required under NRS 628.370, or unless he has received acertificate as a certified public accountant under NRS 628.190 to 628.310, inclusive, holds a live permit,and all of his offices in this State for the practice of public accounting aremaintained and registered as required under NRS628.370.

(Added to NRS by 1960, 174; A 1981, 1396; 1987, 1313)

NRS 628.480 Unlawfuluse of designation public accountant by partnership, corporation orlimited-liability company. A partnership,corporation or limited-liability company shall not assume or use the title ordesignation public accountant or any other title, designation, words,letters, abbreviation, sign, card or device tending to indicate that thepartnership, corporation or limited-liability company is composed of publicaccountants, unless the partnership, corporation or limited-liability companyis registered as a partnership, corporation or limited-liability company ofregistered public accountants or as a partnership, corporation orlimited-liability company of certified public accountants and all offices ofthe partnership, corporation or limited-liability company in this State for thepractice of public accounting are maintained and registered as required under NRS 628.370.

(Added to NRS by 1960, 174; A 1971, 747; 1981, 1396;1995, 1482)

NRS 628.490 Unlawfuluse of designation or abbreviation likely to confuse public; use ofaccountant, auditor and other terms and abbreviations.

1. Except as otherwise provided in subsection 2, aperson, partnership, corporation or limited-liability company shall not assumeor use the title or designation certified accountant, or any other title ordesignation likely to be confused with certified public accountant or publicaccountant, or any of the abbreviations C.A., P.A., or similarabbreviations likely to be confused with C.P.A.

2. Anyone who holds a live permit and all of whoseoffices in this State for the practice of public accounting are maintained andregistered as required under NRS 628.370and 628.380 may hold himself out to thepublic as an accountant or auditor and if he is a holder of a certificate,as a certified public accountant, C.P.A. or CPA, or if he is registered,as a public accountant, P.A. or PA.

(Added to NRS by 1960, 174; A 1971, 747; 1981, 1396;1995, 1483)

NRS 628.510 Conditionsunder which affixing name to wording which indicates person is accountant orauditor is unlawful.

1. Except as otherwise provided in subsection 2, aperson shall not sign or affix his name or the name of a partnership,corporation or limited-liability company, or any trade or assumed name used byhim or by the partnership, corporation or limited-liability company inbusiness, with any wording indicating that he is an accountant or auditor, orthat the partnership, corporation or limited-liability company is authorized topractice as an accountant or auditor or with any wording indicating that he orthe partnership, corporation or limited-liability company has expert knowledgein accounting or auditing, to any accounting or financial statement, or attestto any accounting or financial statement, unless he holds a live permit, or thepartnership, corporation or limited-liability company is registered pursuant toNRS 628.340, 628.343, 628.345,628.360, 628.363 or 628.365 and all of his offices in thisState for the practice of public accounting are maintained and registered underNRS 628.370.

2. The provisions of subsection 1 do not prohibit:

(a) Any officer, employee, partner, principal or memberof any organization from affixing his signature to any statement or report inreference to the financial affairs of that organization with any wordingdesignating the position, title or office which he holds in the organization.

(b) Any act of a public official or public employee inthe performance of his duties as such.

(c) Any personwho does not hold a live permit from preparing a financial statement or issuinga report if the statement or report, respectively, includes a disclosure that:

(1) Theperson who prepared the statement or issued the report does not hold a livepermit issued by the Board; and

(2) The statement or report does not purport tohave been prepared in compliance with the professional standards of accountingadopted by the Board.

(Added to NRS by 1960, 174; A 1981, 1396; 1995, 1483;1999, 1705)

NRS 628.520 Conditionsunder which affixing name of partnership, corporation or limited-liabilitycompany to wording which indicates partnership, corporation orlimited-liability company is composed of accountants or auditors is unlawful. A person shall not sign or affix the name of apartnership, corporation or limited-liability company, with any wordingindicating that it is a partnership, corporation or limited-liability companycomposed of accountants or auditors or persons having expert knowledge orspecial expertise in accounting or auditing, to any accounting or financialstatement, or attest to any accounting or financial statement, unless thepartnership, corporation or limited-liability company is registered pursuant toNRS 628.340, 628.343, 628.345,628.360, 628.363 or 628.365 and all of its offices in thisState for the practice of public accounting are maintained and registered asrequired under NRS 628.370.

(Added to NRS by 1960, 175; A 1971, 747; 1981, 1397;1995, 1483)

NRS 628.540 Unlawfulacts by unregistered partnership, corporation or limited-liability company orperson without permit.

1. Except as otherwise provided in subsection 2, aperson, partnership, corporation or limited-liability company shall not engagein the practice of public accounting or hold himself or itself out to thepublic as an accountant or auditor by use of either or both of those words,or by use of the word accounting, or any sign, card, letterhead or in anyadvertisement or directory unless, if a natural person, he holds a live permit,or if a partnership, corporation or limited-liability company, it is registeredpursuant to NRS 628.340, 628.343, 628.345,628.360, 628.363 or 628.365.

2. The provisions of subsection 1 do not prohibit:

(a) Any officer, employee, partner, shareholder,principal or member of any organization from describing himself by theposition, title or office he holds in that organization.

(b) Any act of a public official or public employee inthe performance of his duties as such.

(Added to NRS by 1960, 175; A 1971, 747; 1981, 1397;1995, 1483)

NRS 628.550 Unlawfuluse of title or designation which falsely indicates or implies existence ofpartnership, corporation or limited-liability company; misleading name.

1. A person shall not assume or use the title ordesignation certified public accountant or public accountant in conjunctionwith names indicating or implying that there is a partnership, corporation orlimited-liability company, or in conjunction with the designation and Companyor and Co. or a similar designation if there is in fact no bona fidepartnership, corporation or limited-liability company registered under NRS 628.340, 628.343, 628.345,628.360, 628.363 or 628.365. A sole proprietor or partnershiplawfully using a title or designation in conjunction with any names ordesignation on April 1, 1960, may continue to do so if he or it otherwisecomplies with the provisions of this chapter.

2. A person, partnership, corporation or limited-liabilitycompany shall not engage in the practice of public accounting under any namewhich is misleading as to:

(a) The legal form of the firm;

(b) The persons who are partners, officers,shareholders or members; or

(c) Any other matter.

The names ofpast partners, shareholders or members may be included in the name of a firm orits successors.

(Added to NRS by 1960, 175; A 1971, 748; 1981, 1397;1995, 1484)

NRS 628.560 Primafacie evidence of violation.

1. The display or uttering by a person of a card,sign, advertisement or other printed, engraved or written instrument or device,bearing a persons name in conjunction with the words certified publicaccountant or any abbreviation thereof, or public accountant or anyabbreviation thereof, shall be prima facie evidence in any action brought underNRS 628.570 or 628.580 that the person whose name is so displayedcaused or procured the display or uttering of such card, sign, advertisement orother printed, engraved or written instrument or device, and that such personis holding himself out to be a certified public accountant or a publicaccountant holding a permit to practice under NRS628.380.

2. In any such action evidence of the commission of asingle act prohibited by this chapter shall be sufficient to justify aninjunction or a conviction without evidence of a general course of conduct.

(Added to NRS by 1960, 176)

NRS 628.570 Injunction;restraining order; issuance without bond. Wheneverin the judgment of the Board any person has engaged, or is about to engage, inany acts or practices which constitute, or will constitute, a violation of NRS 628.435 or 628.450 to 628.550, inclusive, the Board may makeapplication to an appropriate court for an order enjoining the acts orpractices, and upon a showing by the Board that the person has engaged, or isabout to engage, in any of those acts or practices, an injunction, restrainingorder or such order as may be appropriate must be granted by the court withouta bond.

(Added to NRS by 1960, 176; A 2005, 255)

NRS 628.580 Penaltyfor violation.

1. Any person who violates any provision of NRS 628.435 or 628.450 to 628.550, inclusive, is guilty of amisdemeanor.

2. Whenever the Board has reason to believe that anyperson is liable to punishment under this section it may certify the facts tothe Attorney General or other appropriate enforcement officer, who may, in hisdiscretion, cause appropriate proceedings to be brought.

(Added to NRS by 1960, 176; A 1967, 640; 2005, 255)

 

Disclaimer: These codes may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.