Wyo. Code R. 061-0001-4
Accountants, Board of Certified Public
Chapter 4: Firms & Offices (Now under Administration & Information)
Effective Date: 08/29/2003 to 09/23/2005
Rule Type: Superceded Rules & Regulations
Reference Number: 061.0001.4.08292003
Section 1. Partnerships, Corporations, Limited Liability Partnerships, Limited Liability Companies, and Flexible Limited Liability Companies. (Sole Proprietorships refer to Sections 2 & 3 of this Chapter.)
(a) Partnerships, corporations, limited liability partnerships, limited liability companies, and flexible limited liability companies of CPAs must register with the Board in order to furnish professional accounting services to corporations, partnerships, individuals, etc., which are domiciled in or are residents of the state of Wyoming when all or part of the services are performed within the state.
(b) Partnerships, corporations, limited liability partnerships, limited liability companies, and flexible limited liability companies of CPAs furnishing professional accounting services to entities within the state of Wyoming, shall meet registration requirements as follows:
(i) The practice of public accounting in Wyoming is permitted in the partnership form in compliance with W.S. 33-3-118(a)(i-iii).
(ii) The practice of public accounting in Wyoming is permitted in the corporation form in compliance with W. S. 33-3-117 and W. S. 33-3-118(b)(i-viii). Any corporation making application for registration to carry on the practice of public accounting within the state of Wyoming must file a certified copy of the articles of incorporation at the time such application is filed and subsequent amendments thereto within one (1) month after the effective date of the amendment in compliance with the following requirements:
(A) The articles of incorporation shall contain the following language: 'No professional services may be provided except by and through licensed or permitted stockholder or stockholders, or licensed or permitted employees, each of whom shall retain his professional license or permit in good standing, and shall remain fully liable and responsible for his professional activities, and subject to all rules, regulations, standards and requirements pertaining thereto, as though practicing individually rather than in a corporation'; and
(B) The articles of incorporation shall contain the following language 'All shareholders of the corporation are, and will continually be, licensed or permitted in the profession for which the corporation is formed, and no professional service will be offered by the corporation except by or under the supervision of licensed or permitted stockholders or licensed or permitted employees.'
(C) The practice of public accounting in Wyoming is also permitted in the professional corporation form in compliance with paragraph (ii) and subparagraph (B) above and with the additional requirements of W.S. 17-3-101 through 104 specifically but not limited to the requirement of W.S. 17-3-101 that all owners of capital stock be licensed or permitted under Wyoming law and the requirements of W.S. 17-3-103 with respect to corporate name.
(D) Any action which causes the loss of the corporate charter voids all rights, registrations and privileges to practice public accounting in Wyoming.
(iii) The practice of public accounting in Wyoming is permitted in the limited liability company form in compliance with W.S. 17-15-101 through W.S. 17-15-144 and:
(A) At least one member of the limited liability company is a certified public accountant of Wyoming who holds a permit;
(B) Each member of the limited liability company is a certified public accountant of some state in good standing;
(C) Limited liability companies of other states must provide copies of articles of organization which document that professional services may be provided only by and through licensed or permitted individuals in good standing and that such members shall remain as fully liable and responsible for professional activities as though practicing individually rather than in a limited liability company.
(D) Any limited liability company making application for registration must file a certified copy of the articles of organization at the time of the application and subsequent amendments within one (1) month after the effective date of the amendment.
(iv) The practice of public accounting in Wyoming is permitted in the form of the limited liability partnership in compliance with W. S. 17-21-1105, and;
(A) at least one partner is a certified public accountant of Wyoming who holds a permit;
(B) each partner is a certified public accountant of some state in good standing; and
(C) each resident manager in charge of an office of the partnership in Wyoming and each partner engaged within Wyoming in the practice of public accounting is a CPA of Wyoming who holds a permit.
(D) Limited liability partnerships of other states may register pursuant to W. S. 17-21-1104 (c) through (h) and the above.
(c) Partnerships, corporations, limited liability partnerships, limited liability companies, and flexible limited liability companies of other states must register the partners, shareholders, or members responsible for the Wyoming engagement and audit manager, or personnel actually present in the state for the purposes of performing professional services as required under Chapter III, Section 2. Corporations of other states must meet the requirements of Section (b)(ii) of this Chapter in order to be registered.
(d) Application to register the partnership, limited liability partnership, corporation, limited liability company, or flexible limited liability company shall be made upon the affidavit of the designated permit holder who is responsible for the firm in the State of Wyoming. All notifications required under W.S. 33-3-118 and the Rules and Regulations shall be the responsibility of this designated permit holder.
Section 2. Registration of Offices. Sole proprietorships, corporations, partnerships, limited liability partnerships, limited liability companies, and flexible limited liability companies shall register all CPA offices located in Wyoming. The registration of CPA offices located in Wyoming will be effected by submitting to the Board's office, on forms adopted by the Board, the following information:
(a) Office name; (b) Office location; (c) Phone number;
(d) Name of resident manager; resident manager must be a CPA, who holds a Wyoming permit-to-practice and who sustains a regular, continuous, and substantial participation in the professional services performed at the office location. A permit holder may not serve in the capacity of resident manager at multiple locations.
(a) All firm and office registrations expire December 31 of each calendar year. Applications for renewal shall be mailed to all registrants no later than October 1 of each calendar year. (b) The designated permit holder responsible for registering the firm or office shall submit an application for renewal which shall be postmarked or received in the Board office no later than November 1 of each calendar year and be accompanied by the following. (i) copies of applicable amended articles of incorporation or articles of organization; and (ii) applicable fees, to include late fees as outlined in Chapter 3, Section 5(c).