Wyo. Code R. 061-0001-3
Accountants, Board of Certified Public
Chapter 3: Certificates
Effective Date: 08/25/2010 to 10/31/2011
Rule Type: Superceded Rules & Regulations
Reference Number: 061.0001.3.08252010
CERTIFICATES (Effective 8/25/2010)
Section 1. Original Certificates. A certificate as a CPA may be issued to any person who has successfully completed all sections of the Uniform AICPA Examination and who has met the requirements of W.S. 33-3-109(a) and the Rules and Regulations. All certificate holders who are engaged in the practice of accounting in Wyoming as defined in W. S. 33-3-109(c) and Chapter 1, Section 2(d) of the Rules and Regulations are deemed to be in active practice and shall maintain the certificate on active status.
(a) Experience.
(i) The applicant for a certificate as a certified public accountant (CPA) qualifying for the examination under W. S. 33-3-109 (a)(v)(A) is required to demonstrate four (4) years of experience earned in the last ten (10) years preceding the application date which must be verified by a Certified Public Accountant who was active at the time the experience was earned.
(ii) The applicant for a certificate as a certified public accountant (CPA) qualifying under W. S. 33-3-109 (a)(v)(C) is required to demonstrate one (1) year of experience earned in the five (5) years preceding the application date which must be verified by a Certified Public Accountant who was active at the time the experience was earned.
(iii) The term "year" means a minimum of two thousand (2000) working hours per year. Part-time experience may be considered at a rate of each hour worked up to a maximum of eight (8) hours within any twenty-four (24) hour period.
(iv) The applicant who qualifies for the examination under subsection (i) of this section may complete the additional education requirements imposed by W. S. 33-3-109(a)(v)(C) and the experience requirement in subsection (ii) of this section to meet the certification requirements in lieu of the four year experience requirement.
(b) Equivalent experience. The Board may consider equivalent experience not verified by an active Certified Public Accountant. Documentation verifying equivalent experience must specify the job title, employment period, provide a detailed description of the duties, and be affirmed by an appropriate supervisor or official. This experience may include but is not limited to the following:
(iii) Trial balance/general ledger/fixed asset;
(iv) Audit support;
(c) The Board may consider experience gained by applicants under (a)(i) when the experience was gained more than ten (10) years prior to the application date. Any request to utilize this experience must be accompanied by documentation which evidences the applicant has completed the continuing professional education requirements as outlined in Chapter 5 within three years preceding the application date or during another time period acceptable to the Board.
(d) The Board may consider experience gained by applicants under (a)(ii) when the experience was gained more than five (5) years prior to the application date. Any request to utilize this experience must be accompanied by documentation which evidences the applicant has completed the continuing professional education requirements as outlined in Chapter 5 within three years preceding the application date or during another time period acceptable to the Board.
(e) Original certificate applicants shall document that an approved professional ethics examination has been completed at the time of application.
(f) Transfer credit shall be granted to an original certificate applicant if he shows satisfactory completion of all sections of the Uniform CPA Examination given by the licensing authority in any jurisdiction, provided the requirements as outlined in W. S. 33-3-109 and Section 1 of this Chapter have been met.
Section 2. Reciprocal Certificates. Certified public accountants of other states or accountants from foreign countries whose principal place of business is in Wyoming or who do not qualify for practice privileges shall obtain an active Wyoming certificate before furnishing services in Wyoming.
(a) Duly qualified persons may be certified under W. S. 33-3-109 (o) and W. S. 33-3-116(c) when they submit applications, proof of qualifications, applicable fees (fees are not prorated) and other information as follows:
(i) A person holding an active CPA certificate based on passing the CPA exam prior to January 1, 2012 and issued by any US state or jurisdiction when the person has completed at least one year of broad based experience as set forth in Section 1(b) of this Chapter shall be deemed to have met requirements substantially equivalent to Wyoming's requirements and shall be required to demonstrate applicable certificates held are in good standing or have not been otherwise disciplined for cause.
(ii) A person holding an active CPA certificate issued by a state or jurisdiction deemed substantially equivalent to the Uniform Accountancy Act by NASBA National Qualification Appraisal Service shall be deemed to have met requirements substantially equivalent to Wyoming's requirements and shall be required to demonstrate applicable certificates held are in good standing or have not been otherwise disciplined for cause.
(iii) A person holding an inactive or retired CPA certificate in any other state shall either activate the certificate in a substantially equivalent state or submit documents to demonstrate the individual qualifications have been determined by NASBA to be substantially equivalent or shall meet the requirements as set forth in Section 1 of this Chapter. An applicant meeting the requirements of Section 1 must provide an official transcript which evidences compliance with the educational requirements imposed by W.S. 33-3-109 and documentation which evidences compliance with the continuing professional education requirements to activate a certificate.
(i) An applicant holding a credential from a foreign country comparable to the CPA certificate is required to meet the qualifications for certificates provided in W. S. 33-3-109(k).
(ii) The Board shall waive the Uniform AICPA CPA examination and issue a certificate to a foreign accountant who has completed an examination comparable to the Uniform CPA Examination administered by a foreign authority evaluated by NASBA’s International Qualifications Appraisal Board (IQAB) with requirements determined to be substantially equivalent to the requirements for a Certified Public Accountant.
(A) An applicant shall pass the AICPA International Uniform Certified Public Accountant Qualification Examination (IQEX) with a minimum score of seventy-five (75).
(B) An applicant shall provide evidence of satisfactory completion of the comparable examination administered by the foreign authority.
(C) An applicant shall provide certification from an appropriate foreign authority that no designation awarded has expired, been revoked, suspended, or is under investigation and is in good standing.
(D) An applicant shall provide certification from the foreign authority that the authority provides similar provisions to Wyoming CPAs to obtain a comparable designation.
(E) Fees for the application shall be submitted by money order or a properly encoded draft drawn on a United States Bank in US funds.
(a) A certificate holder who has not lost the right to active status, who annually certifies he is not actively engaged in the practice of public accounting in Wyoming as defined in W. S. 33-3-109 (c) and Chapter 1, Section 2(d), and who does not qualify for retired status shall maintain the certificate on inactive status.
(b) A resident active certificate holder who is no longer actively engaged in the practice of accounting in Wyoming shall place the certificate on inactive status by submitting a written request to the Board. The request may be submitted when the holder no longer provides services or with the annual renewal application. The written request shall certify the holder is not actively engaged in the practice of accounting in Wyoming and provide the following information:
(i) Place of employment; (ii) Name of supervisor or manager, if applicable; (iii) Occupational information regarding services provided in Wyoming or job duties ; and (iv) Rationale for the request to place the certificate on inactive status.
(c) A certificate holder who maintains the certificate on inactive status may assume or use the title "Certified Public Accountant, Inactive" or "CPA, Inactive" if:
(i) The assumption or use of the designation is not incident to the practice of public accounting as defined in W. S. 33-3-109(c) and Chapter 1, Section 2(d) of the Rules and Regulations; and
(ii) The certificate has not been revoked or suspended by any jurisdiction for any reason except non-payment of fees; and
(iii) The certificate holder pays an annual fee as set forth in Chapter 1, Section 12.
(d) A person who maintains the certificate on an inactive status shall not be subject to the continuing education requirements.
(e) An inactive certificate holder who has previously held active status may activate the certificate by providing:
(i) documentation which evidences compliance with the continuing professional education requirements set forth in Chapter 5 of the Rules and Regulations; and
(ii) additional fees to maintain active status.
(f) A person who maintains the certificate on inactive status and begins to provide services as defined in W. S. 33-3-109(c) and Chapter 1, Section 2(d) from a Wyoming office shall submit a complete application to activate the certificate as set forth in subsection (e) above no later than thirty (30) days of the date he began to provide services.
Section 4. Retired Status.
(a) The Board may waive the requirement that certificate holders maintain active or inactive status and allow a holder to retire the certificate and continue to assume or use the title 'Certified Public Accountant, Retired' or 'CPA, Retired' if:
(i) The holder is not actively engaged in the practice of public accounting in Wyoming as defined W. S. 33-3-109(c) and Chapter 1, Section 2(d) of the Rules and Regulations;
(ii) The assumption or use of the designation is not incident to the practice of public accounting as defined in W. S. 33-3-109(c) and Chapter 1, Section 2(d) of the Rules and Regulations; and
(iii) The certificate has not been revoked or suspended by any jurisdiction for any reason except non-payment of fees; and
(iv) The certificate holder has reached age 55 or is disabled.
(b) A retired certificate holder who has previously held active status may activate the certificate by providing:
(i) documentation which evidences compliance with the continuing professional education requirements set forth in Chapter 5 of the Rules and Regulations; and
(ii) fees to maintain active status.
(c) A person who maintains the certificate on retired status and begins to provide services as defined in W. S. 33-3-109(c) and Chapter 1, Section 2(d) from a Wyoming office shall submit a complete application to activate the certificate as set forth in subsection (b) above no later than thirty (30) days of the date he began to provide services
(a) All active and inactive certificates expire December 31 of each calendar year. Renewal notifications shall be provided to all certificate holders by mail or e-mail no later than October 1 of each calendar year. Applicants shall provide all information required by the board. Incomplete paper renewal applications shall be returned to the applicant.
(b) Active Status: Paper renewal applications shall be postmarked or received by the Board's office no later than November 1 of each calendar year and shall include the following:
(i) Resident certificate holders shall comply with Wyoming's continuing education requirements by providing a listing of courses completed or proposed in the current calendar year.
(ii) Designated certificate holders as defined in Chapter 1, Section 2(z) who provide services from a Wyoming office must submit the application to renew the CPA firm permit in conjunction with the individual renewal application;
(iii) Applicable fees as set forth in Chapter 1, Section 12, to include all late and notice fees, to renew the certificate and CPA firm permit as applicable.
(c) Inactive Status: Certificate holders who maintain the certificate on an inactive status shall annually renew the certificate by complying with the provisions of Section 3 of this chapter no later than December 31 of each calendar year.
(i) Certificate holders who submit renewal applications postmarked after December 31 or who attempt to renew an expired inactive certificate at any time after the expiration shall pay the annual inactive fee plus the late and notice fees as set forth in Chapter 1, Section 12.
(d) Individual certificate holders shall be responsible for the truth and accuracy of all renewal information submitted regardless of the media utilized to effect the renewal.
(e) Expired/Surrendered Certificates.
(i) Certificate holders whose principal place of business is in Wyoming or non-residents who practice in Wyoming and do not qualify for practice privileges may not allow the certificate to expire. Certificate holders who have been issued wall documents, who perform accounting services, and who do not renew the certificate must surrender the wall document or submit an affidavit of lost certificate to the Board’s office.
(ii) Expired or surrendered certificates may be activated upon application, payment of fees as set forth in Chapter 1, Section 12, and compliance with other applicable requirements imposed on active certificate holders including but not limited to CPE requirements.
(f) On-line Renewal: Certificate holders may renew active or inactive status electronically by certifying compliance with all applicable requirements. Late fees will be imposed for on-line renewals submitted after December 31.
(a) Each certificate holder and each CPA firm’s designated certificate holder, on a form and in the manner prescribed by the Board, shall disclose information specified in subsections (d) (e) and (f) of this section. Disclosure shall be required upon initial application for an individual certificate or CPA firm permit. Once licensed, disclosure shall be required within thirty (30) days of the imposition of discipline or judgement or with the renewal of the certificate or permit. Actions previously reported do not need to be re-reported upon renewal.
(b) All information or documents disclosed or provided pursuant to the requirements of this section shall be maintained in an investigative file pursuant to Chapter 7, Section 20(c)(ii).
(c) Disclosure shall include but is not limited to the following:
(d) Any conviction or finding of guilt, or plea of nolo contendere to:
(iii) the denial, cancellation, revocation, suspension or refusal to renew the authority to practice as a certified public accountant by any state, federal agency, or foreign authority, for any cause other than failure to pay a fee.
(e) Imposition of a censure, reprimand, sanction, probation, civil penalty, fine, consent decree or order, by any state board of accountancy, the Securities Exchange Commission, Public Company Accounting Oversight Board, Internal Revenue Service, or foreign regulatory body that regulates the practice of accountancy.
(f) Any fully adjudicated judgement or settlement in a civil suit or arbitration proceeding entered after July 1, 2005, totaling more than $150,000, and based upon an allegation of dishonesty, fraud, or gross negligence in the practice of accounting, or any action that would constitute a violation of the rules of professional conduct promulgated by the Board. Notification under this section shall apply only to actions directly involving a certificate or permit holder's practice of accounting in Wyoming.
Section 7. Exemptions. Exemptions are available to applicants who are not otherwise required to maintain the certificate on active or inactive status by another provision of the act or rules.
(a) A certificate holder may request, on forms provided by the Board, that the Board waive the requirement to maintain the certificate on active, inactive, or retired status based on the following criteria:
(i) applicant is an attorney duly licensed in Wyoming who does not perform attest or compilation services and who does not reference or use the CPA designation in any manner;
(ii) applicant is licensed by another Wyoming professional regulatory agency, does not perform attest or compilation services, and does not reference or use the CPA designation in any manner;
(iii) applicant performs volunteer services as approved by the Board on a case by case basis; or
(iv) for cases of individual hardship or other good cause as determined by the Board.
Section 8. Transition to Practice Privileges. Certificate holders whose principal place of business is not in Wyoming and who qualify for practice privileges or otherwise are not required to maintain the Wyoming certificate have the following options relative to the Wyoming certificate:
(a) Surrender the wall document for mobility (if issued), submit an affidavit of lost certificate, or allow the certificate to expire at the end of the calendar year;
(b) Continue to maintain the certificate on active status as required by the rules.
(c) Continue to maintain the certificate on inactive status if the holder does not provide public accounting services to residents of Wyoming or entities with home offices in Wyoming.