State Codes and Statutes

Statutes > New-york > Edn > Title-8 > Article-149 > 7406

§ 7406. Limited  permits  and  temporary  practice permits. 1. Limited  permits. On recommendation of the board,  the  department  may  issue  a  limited  permit  to  an  applicant  of  good moral character, who is the  holder of  a  certificate,  license  or  degree  in  a  foreign  country  constituting  a  recognized  qualification  for  the performance in such  country of the acts set forth in section  seventy-four  hundred  one  of  this  article,  provided  the  applicant has professional qualifications  that are determined by the board to be significantly comparable  to  the  licensure requirements for certified public accountancy pursuant to this  article,  and  the  applicant  resides  or  has  a place for the regular  transaction of business within  the  state,  and  equal  recognition  is  granted by the foreign country concerned to certified public accountants  or public accountants licensed in the United States. Such limited permit  shall  be  valid  for  a  period  of  two  years  and  may be renewed on  recommendation of the board. Such permit shall authorize  the  applicant  to  use only the title or designation under which he or she is generally  known in his or her own country, followed by the  name  of  the  country  from which he or she received his or her certificate, license or degree,  notwithstanding   the   provisions   of   subdivision   two  of  section  seventy-four hundred eight of this article.    2. Temporary practice permits. a. On recommendation of  the  board,  a  certified  public  accountant, licensed by another state which the board  of regents has determined to  have  significantly  comparable  certified  public  accountant licensure requirements, or whose individual licensure  qualifications are  verified  by  the  department  to  be  significantly  comparable to New York's requirements, and in good standing, who intends  to  perform  the  services  in  subdivisions  one  and  two  of  section  seventy-four hundred one of this article may temporarily practice public  accountancy in this state, if the certified public accountant:    (1) holds a valid license to practice public accountancy in the  other  state,    (2)  practices  public accountancy in another state that is his or her  principal place of business, and    (3) obtains from the department a temporary practice permit.    b.  The  temporary  practice  permit  allows  such  certified   public  accountant,   who   meets  the  requirements  of  paragraph  a  of  this  subdivision to practice public accountancy in this state. Each temporary  practice permit shall allow the holder to practice in this state for  an  aggregate  total  of  one  hundred  eighty  days during the twelve month  period beginning on the effective date of the permit.    c. Applications for the temporary practice permit shall  be  submitted  to  the  department  through  an  electronic  means as prescribed by the  commissioner.  After   the   department   renders   a   timely   initial  determination that the applicant has submitted the information necessary  to  verify  that the requirements of paragraph a of this subdivision are  satisfied,  applications  for  temporary  practice  permits   shall   be  processed  by  the department within thirty days. During such thirty day  processing period, the applicant may practice; provided,  however,  that  if  the  application is denied the applicant shall cease the practice of  public accountancy in the state of New York.    d. Any  certified  public  accountant  who  practices  in  this  state  pursuant  to  this  section,  and  any  firm that employs such certified  public accountant to provide such services in New York, consents to  all  of  the  following  as  a  condition  of  the exercise of such temporary  practice privilege:    (1) to the personal and subject matter jurisdiction  and  disciplinary  authority of the board of regents;(2) to comply with this article, the rules of the board of regents and  the regulations of the commissioner; and    (3)  to  the  appointment  of  the  secretary of state or other public  official  acceptable  to  the  department,  in  the   certified   public  accountant's  state  of licensure or the state in which the firm has its  principal place of business,  as  the  certified  public  accountant  or  firm's agent upon whom process may be served in any action or proceeding  by the department against such certified public accountant or firm.    e.  No  more  than  one temporary practice permit may be issued to any  individual applicant provided that each permit may  be  renewed  by  the  department  up to three times such that an individual shall practice for  no more than four years  within  a  five  year  time  period  under  the  provisions of this section. Such renewals may be granted upon receipt of  written  notice  from  the  permit  holder,  provided that the applicant  remains in good standing and in compliance  with  all  applicable  laws,  rules and regulations.    f.  (1)  A  person  who  wishes to practice public accountancy in this  state but does  not  meet  the  requirements  of  paragraph  a  of  this  subdivision   is   subject   to  the  full  licensing  and  registration  requirements of this article.    (2) In the event the license from the other  state  of  the  certified  public accountant's principal place of business is no longer valid or in  good standing, or that the certified public accountant has had any final  disciplinary action taken against his or her license by the licensing or  disciplinary  authority  of  any  other state concerning the practice of  public accountancy, the certified public accountant shall cease offering  to perform or performing such services in this state individually and on  behalf of his or her firm.    g. (1)  Notwithstanding  subparagraph  two  of  paragraph  a  of  this  subdivision  or  any  other  inconsistent law or rule to the contrary, a  certified public accountant  licensed  by  another  state  and  in  good  standing  who obtains a temporary practice permit under this section and  files an application for licensure under  section  seventy-four  hundred  four  of this article on or before the expiration date of such temporary  practice permit may continue to practice under such permit for a  period  coterminous  with  the  period  during  which his or her application for  licensure remains pending with the department.    (2) Nothing in this section shall limit the applicability  of  section  seventy-four hundred seven of this article.    h. Fees. The fee for each limited permit and temporary practice permit  and  each  renewal  shall  be  established in regulation by the board of  regents.

State Codes and Statutes

Statutes > New-york > Edn > Title-8 > Article-149 > 7406

§ 7406. Limited  permits  and  temporary  practice permits. 1. Limited  permits. On recommendation of the board,  the  department  may  issue  a  limited  permit  to  an  applicant  of  good moral character, who is the  holder of  a  certificate,  license  or  degree  in  a  foreign  country  constituting  a  recognized  qualification  for  the performance in such  country of the acts set forth in section  seventy-four  hundred  one  of  this  article,  provided  the  applicant has professional qualifications  that are determined by the board to be significantly comparable  to  the  licensure requirements for certified public accountancy pursuant to this  article,  and  the  applicant  resides  or  has  a place for the regular  transaction of business within  the  state,  and  equal  recognition  is  granted by the foreign country concerned to certified public accountants  or public accountants licensed in the United States. Such limited permit  shall  be  valid  for  a  period  of  two  years  and  may be renewed on  recommendation of the board. Such permit shall authorize  the  applicant  to  use only the title or designation under which he or she is generally  known in his or her own country, followed by the  name  of  the  country  from which he or she received his or her certificate, license or degree,  notwithstanding   the   provisions   of   subdivision   two  of  section  seventy-four hundred eight of this article.    2. Temporary practice permits. a. On recommendation of  the  board,  a  certified  public  accountant, licensed by another state which the board  of regents has determined to  have  significantly  comparable  certified  public  accountant licensure requirements, or whose individual licensure  qualifications are  verified  by  the  department  to  be  significantly  comparable to New York's requirements, and in good standing, who intends  to  perform  the  services  in  subdivisions  one  and  two  of  section  seventy-four hundred one of this article may temporarily practice public  accountancy in this state, if the certified public accountant:    (1) holds a valid license to practice public accountancy in the  other  state,    (2)  practices  public accountancy in another state that is his or her  principal place of business, and    (3) obtains from the department a temporary practice permit.    b.  The  temporary  practice  permit  allows  such  certified   public  accountant,   who   meets  the  requirements  of  paragraph  a  of  this  subdivision to practice public accountancy in this state. Each temporary  practice permit shall allow the holder to practice in this state for  an  aggregate  total  of  one  hundred  eighty  days during the twelve month  period beginning on the effective date of the permit.    c. Applications for the temporary practice permit shall  be  submitted  to  the  department  through  an  electronic  means as prescribed by the  commissioner.  After   the   department   renders   a   timely   initial  determination that the applicant has submitted the information necessary  to  verify  that the requirements of paragraph a of this subdivision are  satisfied,  applications  for  temporary  practice  permits   shall   be  processed  by  the department within thirty days. During such thirty day  processing period, the applicant may practice; provided,  however,  that  if  the  application is denied the applicant shall cease the practice of  public accountancy in the state of New York.    d. Any  certified  public  accountant  who  practices  in  this  state  pursuant  to  this  section,  and  any  firm that employs such certified  public accountant to provide such services in New York, consents to  all  of  the  following  as  a  condition  of  the exercise of such temporary  practice privilege:    (1) to the personal and subject matter jurisdiction  and  disciplinary  authority of the board of regents;(2) to comply with this article, the rules of the board of regents and  the regulations of the commissioner; and    (3)  to  the  appointment  of  the  secretary of state or other public  official  acceptable  to  the  department,  in  the   certified   public  accountant's  state  of licensure or the state in which the firm has its  principal place of business,  as  the  certified  public  accountant  or  firm's agent upon whom process may be served in any action or proceeding  by the department against such certified public accountant or firm.    e.  No  more  than  one temporary practice permit may be issued to any  individual applicant provided that each permit may  be  renewed  by  the  department  up to three times such that an individual shall practice for  no more than four years  within  a  five  year  time  period  under  the  provisions of this section. Such renewals may be granted upon receipt of  written  notice  from  the  permit  holder,  provided that the applicant  remains in good standing and in compliance  with  all  applicable  laws,  rules and regulations.    f.  (1)  A  person  who  wishes to practice public accountancy in this  state but does  not  meet  the  requirements  of  paragraph  a  of  this  subdivision   is   subject   to  the  full  licensing  and  registration  requirements of this article.    (2) In the event the license from the other  state  of  the  certified  public accountant's principal place of business is no longer valid or in  good standing, or that the certified public accountant has had any final  disciplinary action taken against his or her license by the licensing or  disciplinary  authority  of  any  other state concerning the practice of  public accountancy, the certified public accountant shall cease offering  to perform or performing such services in this state individually and on  behalf of his or her firm.    g. (1)  Notwithstanding  subparagraph  two  of  paragraph  a  of  this  subdivision  or  any  other  inconsistent law or rule to the contrary, a  certified public accountant  licensed  by  another  state  and  in  good  standing  who obtains a temporary practice permit under this section and  files an application for licensure under  section  seventy-four  hundred  four  of this article on or before the expiration date of such temporary  practice permit may continue to practice under such permit for a  period  coterminous  with  the  period  during  which his or her application for  licensure remains pending with the department.    (2) Nothing in this section shall limit the applicability  of  section  seventy-four hundred seven of this article.    h. Fees. The fee for each limited permit and temporary practice permit  and  each  renewal  shall  be  established in regulation by the board of  regents.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Edn > Title-8 > Article-149 > 7406

§ 7406. Limited  permits  and  temporary  practice permits. 1. Limited  permits. On recommendation of the board,  the  department  may  issue  a  limited  permit  to  an  applicant  of  good moral character, who is the  holder of  a  certificate,  license  or  degree  in  a  foreign  country  constituting  a  recognized  qualification  for  the performance in such  country of the acts set forth in section  seventy-four  hundred  one  of  this  article,  provided  the  applicant has professional qualifications  that are determined by the board to be significantly comparable  to  the  licensure requirements for certified public accountancy pursuant to this  article,  and  the  applicant  resides  or  has  a place for the regular  transaction of business within  the  state,  and  equal  recognition  is  granted by the foreign country concerned to certified public accountants  or public accountants licensed in the United States. Such limited permit  shall  be  valid  for  a  period  of  two  years  and  may be renewed on  recommendation of the board. Such permit shall authorize  the  applicant  to  use only the title or designation under which he or she is generally  known in his or her own country, followed by the  name  of  the  country  from which he or she received his or her certificate, license or degree,  notwithstanding   the   provisions   of   subdivision   two  of  section  seventy-four hundred eight of this article.    2. Temporary practice permits. a. On recommendation of  the  board,  a  certified  public  accountant, licensed by another state which the board  of regents has determined to  have  significantly  comparable  certified  public  accountant licensure requirements, or whose individual licensure  qualifications are  verified  by  the  department  to  be  significantly  comparable to New York's requirements, and in good standing, who intends  to  perform  the  services  in  subdivisions  one  and  two  of  section  seventy-four hundred one of this article may temporarily practice public  accountancy in this state, if the certified public accountant:    (1) holds a valid license to practice public accountancy in the  other  state,    (2)  practices  public accountancy in another state that is his or her  principal place of business, and    (3) obtains from the department a temporary practice permit.    b.  The  temporary  practice  permit  allows  such  certified   public  accountant,   who   meets  the  requirements  of  paragraph  a  of  this  subdivision to practice public accountancy in this state. Each temporary  practice permit shall allow the holder to practice in this state for  an  aggregate  total  of  one  hundred  eighty  days during the twelve month  period beginning on the effective date of the permit.    c. Applications for the temporary practice permit shall  be  submitted  to  the  department  through  an  electronic  means as prescribed by the  commissioner.  After   the   department   renders   a   timely   initial  determination that the applicant has submitted the information necessary  to  verify  that the requirements of paragraph a of this subdivision are  satisfied,  applications  for  temporary  practice  permits   shall   be  processed  by  the department within thirty days. During such thirty day  processing period, the applicant may practice; provided,  however,  that  if  the  application is denied the applicant shall cease the practice of  public accountancy in the state of New York.    d. Any  certified  public  accountant  who  practices  in  this  state  pursuant  to  this  section,  and  any  firm that employs such certified  public accountant to provide such services in New York, consents to  all  of  the  following  as  a  condition  of  the exercise of such temporary  practice privilege:    (1) to the personal and subject matter jurisdiction  and  disciplinary  authority of the board of regents;(2) to comply with this article, the rules of the board of regents and  the regulations of the commissioner; and    (3)  to  the  appointment  of  the  secretary of state or other public  official  acceptable  to  the  department,  in  the   certified   public  accountant's  state  of licensure or the state in which the firm has its  principal place of business,  as  the  certified  public  accountant  or  firm's agent upon whom process may be served in any action or proceeding  by the department against such certified public accountant or firm.    e.  No  more  than  one temporary practice permit may be issued to any  individual applicant provided that each permit may  be  renewed  by  the  department  up to three times such that an individual shall practice for  no more than four years  within  a  five  year  time  period  under  the  provisions of this section. Such renewals may be granted upon receipt of  written  notice  from  the  permit  holder,  provided that the applicant  remains in good standing and in compliance  with  all  applicable  laws,  rules and regulations.    f.  (1)  A  person  who  wishes to practice public accountancy in this  state but does  not  meet  the  requirements  of  paragraph  a  of  this  subdivision   is   subject   to  the  full  licensing  and  registration  requirements of this article.    (2) In the event the license from the other  state  of  the  certified  public accountant's principal place of business is no longer valid or in  good standing, or that the certified public accountant has had any final  disciplinary action taken against his or her license by the licensing or  disciplinary  authority  of  any  other state concerning the practice of  public accountancy, the certified public accountant shall cease offering  to perform or performing such services in this state individually and on  behalf of his or her firm.    g. (1)  Notwithstanding  subparagraph  two  of  paragraph  a  of  this  subdivision  or  any  other  inconsistent law or rule to the contrary, a  certified public accountant  licensed  by  another  state  and  in  good  standing  who obtains a temporary practice permit under this section and  files an application for licensure under  section  seventy-four  hundred  four  of this article on or before the expiration date of such temporary  practice permit may continue to practice under such permit for a  period  coterminous  with  the  period  during  which his or her application for  licensure remains pending with the department.    (2) Nothing in this section shall limit the applicability  of  section  seventy-four hundred seven of this article.    h. Fees. The fee for each limited permit and temporary practice permit  and  each  renewal  shall  be  established in regulation by the board of  regents.