2021 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 28B - 1999 Public Accountancy Act
Section 61-28B-26 - Practice privilege and discipline for a certificate holder from a state whose accountancy statute is substantially equivalent. (Repealed effective July 1, 2024.)
A. Except as provided in Subsection D of this section, a person whose principal place of business is not in New Mexico shall be presumed to have qualifications substantially similar to New Mexico's requirements and may exercise all the practice privileges of certificate holders of New Mexico without the need to obtain a certificate pursuant to Section 61-28B-9 NMSA 1978 if the person:
(1) holds a valid license as a certified public accountant from any state that requires, as a condition of licensure, that a person:
(a) have at least one hundred fifty semester hours of college education, including a baccalaureate or higher degree conferred by a college or university acceptable to the board;
(b) achieve a passing grade on the uniform certified public accountant examination; and
(c) possess at least one year of experience, including providing any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax or consulting skills, which may be obtained through government, industry, academic or public practice, all of which can be verified by a licensee; or
(2) holds a valid license as a certified public accountant from any state that does not meet the requirements of Paragraph (1) of Subsection A of this section, but the person's certified public accountant qualifications are substantially equivalent to those requirements. A person who passed the uniform certified public accountant examination and holds a valid license issued by any other state prior to January 1, 2012 may be exempt from the education requirement in Subparagraph (a) of Paragraph (1) of this subsection.
B. Notwithstanding any other provision of law, a person who qualifies for the practice privilege pursuant to this section may offer or render professional services whether in person or by mail, telephone or electronic means, and no notice, fee or other submission shall be required of the person.
C. A person licensed in another state exercising the practice privilege afforded pursuant to this section shall consent, as a condition of exercising the practice privilege:
(1) to submit to the personal and subject-matter jurisdiction and disciplinary authority of the board;
(2) to comply with the 1999 Public Accountancy Act and the rules adopted by the board;
(3) to cease offering or rendering professional attest services in New Mexico in the event the license from the state of the person's principal place of business is no longer valid; and
(4) to the appointment of the state board that issued the license as agent upon whom process may be served in any action or proceeding by the New Mexico public accountancy board against the licensee.
D. A person who qualifies for the practice privileges pursuant to this section and who performs an attest service shall meet the requirements of Section 61-28B-11 NMSA 1978.
E. A certificate or permit holder of New Mexico that offers or renders an attest service or uses its certified public accountant title in another state shall be subject to disciplinary action in New Mexico for an act committed in another state for which it would be subject to discipline in the other state. The board shall investigate any complaint made by the board of accountancy in another state in accordance with the provisions of the 1999 Public Accountancy Act.
History: Laws 1999, ch. 179, § 26; 2008, ch. 30, § 6; 2017, ch. 12, § 4.
ANNOTATIONSDelayed repeals. — For delayed repeal of this section, see 61-28B-29 NMSA 1978.
The 2017 amendment, effective June 16, 2017, required certain nonresident accountants who receive New Mexico practice privileges to meet the requirements of Section 61-28B-11 NMSA 1978; in Subsection A, added "Except as provided in Subsection D of this section"; in Subsection C, in the introductory clause, after "pursuant to this section", deleted "and the firm that employs the licensee simultaneously"; added a new Subsection D and redesignated former Subsection D as Subsection E; in Subsection E, after the first sentence, deleted "Notwithstanding the provisions of Sections 61-28B-15 and 61-28B-16 NMSA 1978", and after "board of accountancy in another state", added "in accordance with the provisions of the 1999 Public Accountancy Act".
The 2008 amendment, effective May 14, 2008, deleted former Subsections A through C and added new Subsections A through D.
