Maine Statute | Act | Code |Title 32. Professions And Occupations| US Code - US Statute | Chapter 113. Practice Of Public Accountancy (heading. Pl 1987, C. 489, @2 (new))

USA Statutes : maine
Title : Title 32. PROFESSIONS AND OCCUPATIONS
Chapter : Chapter 113. PRACTICE OF PUBLIC ACCOUNTANCY (HEADING. PL 1987, c. 489, @2 (new))

Title 32 - §12201. Definitions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113: PRACTICE OF PUBLIC ACCOUNTANCY (HEADING: PL 1987, c. 489, @2 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 489, @2 (new))

§12201. Definitions

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [1997, c. 265, §1 (amd).]

1. Board. "Board" means the Board of Accountancy established under Title 5, section 12004-A, subsection 1, or its predecessor under prior law. [1989, c. 503, Pt. B, §153 (amd).]

2. Certificate. "Certificate" means a certificate as "certified public accountant" issued under section 12227 or corresponding provisions of prior law, and a certificate as "public accountant" issued under section 12239 or corresponding provisions of prior law, or a corresponding certificate as a certified public accountant issued after examination under the law of any other state. [1987, c. 489, §2 (new).]

3. Commissioner. "Commissioner" means the Commissioner of Professional and Financial Regulation. [1987, c. 489, §2 (new).]

3-A. Defined service. For purposes of section 12275, subsections 12 and 13, "defined service" means providing the following services:

A. Any audit or other engagement to be performed in accordance with the Statements on Auditing Standards, SAS; [1999, c. 245, §1 (new).]

B. Any review of a financial statement or compilation of a financial statement to be performed in accordance with the Statement on Standards for Accounting and Review Services, SSARS; or [1999, c. 245, §1 (new).]

C. Any examination of prospective financial information to be performed in accordance with the Statement on Standards for Attestation Engagements, SSAE. [1999, c. 245, §1 (new).]

The statements on standards specified in this definition are those developed for general application by recognized national accountancy organizations. [1999, c. 245, §1 (new).]

4. Department. "Department" means the Department of Professional and Financial Regulation. [1987, c. 489, §2 (new).]

5. Firm. "Firm" means a sole proprietorship, a corporation, a partnership or any other form of organization. [1995, c. 34, §1 (amd).]

6. Licensee. "Licensee" means a person who holds a valid permit issued by the board under section 12251, or a firm which holds a valid permit issued by the board under section 12252. [1987, c. 489, §2 (new).]

6-A. Peer review. "Peer review" means a study, appraisal or review of one or more aspects of the professional work of a certified public accountancy firm that provides a defined service by a person or persons who are licensed as certified public accountants and who are not affiliated with the certified public accountancy firm being reviewed. [1999, c. 619, §1 (new).]

7. Permit. "Permit" means a permit as granted by the board to practice public accountancy as provided under sections 12251 and 12252. [1987, c. 489, §2 (new).]

8. Practice of or practicing public accountancy. "Practice of or practicing public accountancy" means the following combined activities by a person or firm:

A. Representing to the public that he or it is a licensee; and [1987, c. 489, §2 (new).]

B. Performing or offering to perform, for a client or potential client, services involving the use of accounting or auditing skills. [1987, c. 489, §2 (new).]

Accounting or auditing skills include the issuance of reports on financial statements, management advisory or consulting services, the preparation of tax returns and the furnishing of advice on tax matters. [1987, c. 489, §2 (new).]

9. Quality review. "Quality Review" means a study, appraisal or review of one or more aspects of the professional work of a person or firm in the practice of public accountancy, by a person or persons who hold certificates and who are not affiliated with the person or firm being reviewed. [1987, c. 489, §2 (new).]

10. Report on financial statements. "Report on financial statements" means any form of language which:

A. States or implies assurance as to the reliability of any financial statements; and [1987, c. 489, §2 (new).]

B. States or implies that an audit, review or compilation has been performed. [1987, c. 489, §2 (new).]

Report on financial statements includes disclaimers of opinions when the disclaimer implies positive assurance as to the reliability of the financial statements. Language which meets this definition includes language asserting or implying that the person has given an opinion upon financial statements or has reviewed or made a compilation of financial statements in accordance with the appropriate standards promulgated by the American Institute of Certified Public Accountants as adopted by the board by rule or that the person has the capabilities to comply with those standards. [1987, c. 489, §2 (new).]

11. Rule. "Rule" means any rule or other written directive of general application duly adopted by the board. [1987, c. 489, §2 (new).]

12. Substantial equivalency. "Substantial equivalency" is a determination by the board that the education, examination and experience requirements for certified public accountants contained in the statutes and administrative rules of another jurisdiction are comparable to or exceed the education, examination and experience requirements of the board or that an individual certified public accountant's education, examination and experience qualifications are comparable to or exceed the education, examination and experience requirements of the board. [1999, c. 245, §2 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §12202. Unlicensed persons or firms

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113: PRACTICE OF PUBLIC ACCOUNTANCY (HEADING: PL 1987, c. 489, @2 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 489, @2 (new))

§12202. Unlicensed persons or firms

Anyone may practice accounting and engage in services which involve accounting or auditing skills, including management advisory or consulting services, the preparation of tax returns and the furnishing of advice on tax matters, provided that no one except a licensee may: [1987, c. 489, §2 (new).]

1. Represent or appear to represent that he is a licensee as defined in section 12201, subsection 6; or [1987, c. 489, § 2 (new).]

2. Issue a report on financial statements as defined in section 12201, subsection 10, except those persons described in section 12275, subsection 1, paragraphs A and B. [1987, c. 489, § 2 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §12213. Appointment

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113: PRACTICE OF PUBLIC ACCOUNTANCY (HEADING: PL 1987, c. 489, @2 (new))
Subchapter 2: BOARD OF ACCOUNTANCY (HEADING: PL 1987, c. 489, @2 (new))

§12213. Appointment

The Board of Accountancy, as established by Title 5, section 12004-A, subsection 1, within the Department of Professional and Financial Regulation consists of 5 members appointed by the Governor. Each member of the board must be a citizen of the United States and a resident of this State. Three members must be holders of certificates issued under section 12227 and of currently valid permits issued under section 12251 and must have had, as their principal occupation, active practice as certified public accountants for at least the 5 preceding years. One member must hold a certificate issued under section 12239 and a currently valid permit issued under section 12251 and must have had, as a principal occupation, active practice as a noncertified public accountant for at least the 5 preceding years. One member of the board must be a representative of the public. Appointments are for 3-year terms. Appointments of members must comply with section 60. The Governor may remove a member of the board for cause. [1993, c. 600, Pt. A, §264 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §12214. Organization; powers and duties

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113: PRACTICE OF PUBLIC ACCOUNTANCY (HEADING: PL 1987, c. 489, @2 (new))
Subchapter 2: BOARD OF ACCOUNTANCY (HEADING: PL 1987, c. 489, @2 (new))

§12214. Organization; powers and duties

1. Organization. The board shall elect annually from among its members a chair and a secretary who shall be a certified public accountant. The board shall meet at such times and places as may be fixed by the board or at the call of the chair or a majority of the board members. Three members of the board shall constitute a quorum for the transaction of business, provided that at least one of the 3 members present is the public member or the member who is registered under section 12239. The board may have a seal. The board shall retain or arrange for the retention of all applications and all documents under oath that are filed with the board and also records of its proceedings and it shall maintain a registry of the names and addresses of all licensees under this chapter. In any proceeding in court, civil or criminal, arising out of or founded upon any provisions of this chapter, copies of any of the records certified as true copies under the seal of the board shall be admissible in evidence as tending to prove the contents of those records. [1989, c. 483, Pt. A, §53 (amd).]

2. Compensation. [1995, c. 397, §102 (rp).]

3. Receipts and expenses. [1995, c. 397, §102 (rp).]

4. Rules. The board may, in accordance with procedures established by the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II, adopt such rules as may be reasonably necessary for the proper performance of its duties and the administration of this chapter, including, but not limited to rules of professional conduct appropriate to establish and to maintain a high standard of integrity and of dignity in the profession of public accountancy and regulations prescribing requirements of continuing education. [1987, c. 489, § 2 (new).]

5. Employees. [1995, c. 397, §102 (rp).]

6. Register. The department will make available, at cost, a register which shall contain the names of all individuals licensed by the board. [1987, c. 489, § 2 (new).]

7. Hearings. Hearings may be conducted by the board to assist with investigations, to determine whether grounds exist for suspension, revocation or denial of a license or as otherwise deemed necessary for the fulfillment of its responsibilities under this chapter. Hearings shall be conducted in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV, to the extent applicable. [1987, c. 489, § 2 (new).]

8. Contracts. [1995, c. 397, §102 (rp).]

9. Fees. The board may establish application and examination fees in amounts that are reasonable and necessary for their respective purposes. All fees must accompany the applications. Application fees are nonrefundable. Examination fees may not be returned to an applicant should the applicant fail to pass an examination. Fees for permits may not exceed the following amounts:

A. For an initial issuance or renewal of a certified public accountant or public accountant permit, $100; [1995, c. 502, Pt. H, §42 (new).]

B. For an initial issuance or renewal of a firm permit, $100; or [1995, c. 502, Pt. H, §42 (new).]

C. For an initial issuance or renewal of a firm branch office permit, $50. [1995, c. 502, Pt. H, §42 (new).]

[1995, c. 502, Pt. H, §42 (amd).]

10. Budget. [1995, c. 397, §102 (rp).]

11. Reports. No later than August 1st of each year, the board shall submit to the commissioner, for the preceding fiscal year, its annual report of operations, together with those comments and recommendations as the commissioner deems essential. [1987, c. 489, § 2 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §12227. Certificate

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113: PRACTICE OF PUBLIC ACCOUNTANCY (HEADING: PL 1987, c. 489, @2 (new))
Subchapter 3: REGISTRATION OF CERTIFIED PUBLIC ACCOUNTANTS (HEADING: PL 1987, c. 489, @2 (new))

§12227. Certificate

Any person who shall have received from the board a certificate of his qualifications to practice as a certified public accountant, prior to the effective date of this chapter or as provided in section 12228, shall be styled and known as a certified public accountant and no other persons may assume that title or use the abbreviation "CPA" or any other words, letters or figures to indicate that the person using the title is a certified public accountant. [1987, c. 489, § 2 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §12228. Certified public accountants

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113: PRACTICE OF PUBLIC ACCOUNTANCY (HEADING: PL 1987, c. 489, @2 (new))
Subchapter 3: REGISTRATION OF CERTIFIED PUBLIC ACCOUNTANTS (HEADING: PL 1987, c. 489, @2 (new))

§12228. Certified public accountants

1. Certificate grant. The board shall grant the certificate of "certified public accountant" to any person who makes application to the board and who meets the good character, education, examination and experience requirements of, and who pays the fees prescribed by, this section, except that no certificate may be granted to a person who has been issued a certificate by another state. [1989, c. 450, §49 (amd).]

2. Good character. "Good character" for the purposes of this section means lack of a history of dishonest or felonious acts. The board may refuse to grant a certificate on the ground of failure to satisfy this requirement only if there is a substantial connection between the lack of good character of the applicant and the professional responsibilities of a licensee and if the finding by the board of lack of good character is supported by clear and convincing evidence. When an applicant is found to be unqualified for a certificate because of a lack of good character, the board shall furnish the applicant a statement containing the findings of the board, a complete record of the evidence upon which the determination was based and a notice of the applicant's right of appeal under the Maine Administrative Procedure Act, Title 5, chapter 375. [1987, c. 489, §2 (new).]

3. Education requirement. The education requirement for a certificate, which must be met no later than 120 days after an applicant sits for the examination prescribed in subsection 4, is as follows:

A. [2005, c. 347, Pt. D, §1 (rp).]

B. At least 150 semester hours of education, including a minimum 4-year baccalaureate or higher degree conferred by a college or university acceptable to the board, the total educational program to include basic courses in accounting and auditing determined to be appropriate under board rules. Rules adopted by the board pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A; and [2005, c. 347, Pt. D, §2 (amd).]

C. An examination applicant who expects to meet the education requirement within 120 days following the examination is eligible to take the examination. Grades may not be released, nor may credit for the examination or any part of the examination be given to the applicant unless the education requirement is completed within 120 days following the examination or within such time as the board in its sole discretion may determine. [1999, c. 245, §3 (new).]

[2005, c. 347, Pt. D, §§1, 2 (amd).]

4. Examination. An applicant is required to pass an examination administered by the board to test the applicant's knowledge of the subjects of accounting and auditing and such other related subjects as the board may specify by rule in order to qualify for a certificate. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. The board may make the use of all or any part of the Uniform Certified Public Accountant Examination and the Advisory Grading Service of the American Institute of Certified Public Accountants or any other examination approved by the board and may contract with 3rd parties to perform such administrative services with respect to the examination as it considers appropriate to assist it in performing its duties under this section. [RR 2003, c. 1, §33 (cor).]

5. Examination; passing. [2003, c. 204, Pt. E, §2 (rp).]

6. Examination; credits. An applicant shall be given credit for any and all parts of an examination passed in another state if that credit would have been given, under then applicable requirements, if the applicant had taken the examination in this State. [1987, c. 489, §2 (new).]

7. Waiver. The board may, in particular cases, waive or defer any of the requirements of subsection 6 regarding the circumstances in which the various sections of the examination must be passed upon a showing that, by reason of circumstances beyond the applicant's control, the applicant was unable to meet that requirement. [2003, c. 204, Pt. E, §3 (amd).]

8. Administration fee. The board may charge, or provide for a 3rd party administering the examination to charge, each applicant a fee in an amount prescribed by the board by rule for each section of the examination or reexamination taken by the applicant. [1997, c. 265, §5 (amd).]

9. Fee; out-of-state examination. The board may charge a fee in an amount prescribed by the board by rule for granting of the certificate of "certified public accountant" to any applicant who has been given credit for any or all parts of an examination passed in another state as provided in section 12228, subsection 6. [1987, c. 489, §2 (new).]

10. Experience. For initial issuance of a certificate under this subsection, an applicant shall demonstrate 2 years of experience under the direction of a certified public accountant licensed by any state or territory of the United States or equivalent direction, as determined by the board, by a licensed professional in another country and must meet the other requirements prescribed by the board by rule. The applicant's experience must include the use of accounting or auditing skills, including the issuance of reports on financial statements, and at least one of the following: the provision of management advisory, financial advisory or consulting services; the preparation of tax returns; the furnishing of advice on tax matters; or equivalent activities defined by the board by rule. Board rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. To the extent the applicant's experience is as a revenue agent or in a similar position engaged in the examination of personal and corporate income tax returns for the Bureau of Revenue Services, the applicant receives credit at the rate of 50% toward the experience required by this subsection. To the extent the applicant's experience is as an examiner engaged in financial examinations for the Bureau of Insurance, the applicant receives credit under this subsection if that experience meets the following standards:

A. Examinations are performed in conformity with the Examiners' Handbook published by the National Association of Insurance Commissioners; [1993, c. 634, Pt. C, §1 (new).]

B. Working papers prepared by the examiners are in conformity with generally accepted auditing standards and are subject to a review by a supervisor who must be a certified public accountant; [1993, c. 634, Pt. C, §1 (new).]

C. Written reports of examination are prepared in conformity with the Examiners' Handbook published by the National Association of Insurance Commissioners. All examiners working on the examinations must participate in the preparation of the report; [1993, c. 634, Pt. C, §1 (new).]

D. Reports of examination are prepared in accordance with statutory accounting principles. All examiners working on the examinations must participate in the preparation of the financial statements and corresponding note disclosures; and [1993, c. 634, Pt. C, §1 (new).]

E. All examiners assigned to an examination must participate in the planning of the examination and the planning phase conforms to the Examiners' Handbook and generally accepted auditing standards. [1993, c. 634, Pt. C, §1 (new).]

[2005, c. 347, Pt. D, §3 (amd).]

11. Board discretion. The members of the board have the full and sole responsibility for the determination of the qualifications of applicants for the certificate of "certified public accountant." Only persons recommended by the board shall be granted the certificate of "certified public accountant." [1987, c. 489, §2 (new).]

12. Substantial equivalency. The board shall determine the standards for substantial equivalency. The board may rely upon a determination by a qualification appraisal service offered by a national association of state boards of accountancy that an applicant meets the requirements for substantial equivalency. [1999, c. 245, §5 (new).]

13. Foreign designation. The board shall issue a certificate to a holder of a substantially equivalent foreign designation as long as:

A. The foreign authority that granted the designation makes similar provisions to allow a person who holds a valid certificate issued by this State to obtain that foreign authority's comparable designation; [1999, c. 245, §5 (new).]

B. The foreign designation:

(1) Was duly issued by a foreign authority that regulates the practice of public accountancy, and the foreign designation has not expired or been revoked or suspended;

(2) Entitles the holder to issue reports upon financial statements; and

(3) Was issued upon the basis of education, examination and experience requirements established by the foreign authority or by law; and
[1999, c. 245, §5 (new).]

C. The applicant:

(1) Received the foreign designation, which is based on education and examination standards substantially equivalent to those in effect in this State at the time the foreign designation was granted;

(2) Completed an experience requirement, substantially equivalent to the requirement set out in subsection 10 in the jurisdiction that granted the foreign designation or has completed 4 years of professional experience in this State or meets equivalent requirements prescribed by the board by rule within the 10 years immediately preceding the application; and

(3) Passed a uniform qualifying examination on national standards and an examination on the laws, regulations and code of ethical conduct in effect in this State acceptable to the board.
[1999, c. 245, §5 (new).]

[1999, c. 245, §5 (new).]

14. Action by foreign jurisdiction. An applicant under subsection 13 shall in an application for a certificate list all jurisdictions, foreign and domestic, in which the applicant has applied for or holds a designation to practice public accountancy. Each holder of a certificate issued under subsection 13 shall notify the board in writing, within 30 days after its occurrence, of any issuance, denial, revocation or suspension of a designation or commencement of a disciplinary or enforcement action by any jurisdiction. [1999, c. 245, §5 (new).]

15. Authority. The board has the sole authority to interpret the application of subsections 13 and 14. [1999, c. 245, §5 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §12229. Licensees offering or rendering services in another state

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113: PRACTICE OF PUBLIC ACCOUNTANCY (HEADING: PL 1987, c. 489, @2 (new))
Subchapter 3: REGISTRATION OF CERTIFIED PUBLIC ACCOUNTANTS (HEADING: PL 1987, c. 489, @2 (new))

§12229. Licensees offering or rendering services in another state

A licensee of this State offering or rendering services or using the title, certified public account, in another state is required to register in that state and is subject to disciplinary action in this State for an act committed in another state for which the licensee would be subject to discipline in the other state. Notwithstanding section 12227, subsection 1, the board must investigate any complaint made by a board of accountancy of another state. [1999, c. 245, §6 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §12239. Certificate

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113: PRACTICE OF PUBLIC ACCOUNTANCY (HEADING: PL 1987, c. 489, @2 (new))
Subchapter 4: REGISTRATION OF PUBLIC ACCOUNTANTS (HEADING: PL 1987, c. 489, @2 (new))

§12239. Certificate

Any person who receives from the board a certificate of his qualifications to practice as public accountant, prior to the effective date of this chapter or as provided in section 12240, shall be styled and known as a public accountant, and no other persons may assume to use the abbreviation "PA" or any other words, letters or figures to indicate that the person using the abbreviation is the public accountant. [1987, c. 489, § 2 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §12240. Public Accountants

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113: PRACTICE OF PUBLIC ACCOUNTANCY (HEADING: PL 1987, c. 489, @2 (new))
Subchapter 4: REGISTRATION OF PUBLIC ACCOUNTANTS (HEADING: PL 1987, c. 489, @2 (new))

§12240. Public Accountants

1. Certificate grants. The board shall grant the certificate of "public accountant" to any person who makes application to the board and who meets the good character, education, examination and experience requirements of, and who pays the fees prescribed by, subsections 2 to 8, except that no certificate may be granted to a person who has been issued a certificate by another state. [1989, c. 450, §50 (amd).]

2. Good character. "Good character" for purposes of this section means lack of a history of dishonest or felonious acts. The board may refuse to grant a certificate on the ground of failure to satisfy this requirement only if there is a substantial connection between the lack of good character of the applicant and the professional responsibilities of a licensee and if the finding by the board of lack of good character is supported by clear and convincing evidence. When an applicant is found to be unqualified for a certificate because of a lack of good character, the board shall furnish the applicant a statement containing the findings of the board, a complete record of the evidence upon which the determination was based and a notice of the applicant's right of appeal pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375. [1987, c. 489, §2 (new).]

3. Education requirement. The education requirement for a certificate, which shall be met no later than 120 days after an applicant sits for the examination prescribed in subsection 4, shall be a baccalaureate degree or its equivalent conferred by a college or university acceptable to the board. [1987, c. 489, §2 (new).]

4. Examination. An applicant is required to pass an examination administered by the board to test the applicant's knowledge of the subjects of accounting and auditing and such other related subjects as the board may specify by rule in order to be qualified for a certificate. Rules adopted by the board under this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. The board may contract with 3rd parties to perform those administrative services with respect to the examination as it considers appropriate to assist it in performing its duties under this section. [2003, c. 204, Pt. E, §4 (rpr).]

5. Examination; passing. [2003, c. 204, Pt. E, §5 (rp).]

6. Administrative fee. The board may charge, or provide for a 3rd party administering the examination to charge, each applicant a fee in an amount prescribed by the board by rule for each part of the examination or reexamination taken by the applicant. [1987, c. 489, §2 (new).]

7. Experience. The applicant shall show that he has had 2 years of experience in the practice of public accountancy or its equivalent, meeting requirements prescribed by the board by rule; or, if the applicant's educational qualifications comprise a baccalaureate degree meeting the requirements set out in subsection 3 and a master's degree conferred by a college or university approved by the board and one year of experience, then only one year of experience in that practice or its equivalent is required. To the extent the applicant's experience is as an auditor engaged in the examination of financial statements for the Department of Audit or as a revenue agent or similar position engaged in the examination of personal and corporate income tax returns for the Bureau of Revenue Services, the applicant shall receive credit at the rate of 50% toward the experience required by this subsection. [1987, c. 489, §2 (new); 1997, c. 526, §14 (amd).]

8. Board discretion. The noncertified member or members of the board shall have the full and sole responsibility for the determination of the qualifications of applicants for the certificate of "public accountant." Only persons recommended by them to the board shall be granted the certificate of "public accountant." [1987, c. 489, §2 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §12241. Reciprocity

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113: PRACTICE OF PUBLIC ACCOUNTANCY (HEADING: PL 1987, c. 489, @2 (new))
Subchapter 4: REGISTRATION OF PUBLIC ACCOUNTANTS (HEADING: PL 1987, c. 489, @2 (new))

§12241. Reciprocity

The noncertified member or members of the board may, in their discretion, waive the examination and upon payment of a fee not to exceed $50, issue a certificate of public accountant under section 12240 to any person who is the holder of a similar certificate or license issued under the laws of another state or foreign government, which is then in full force and effect, provided that the requirements in the state or foreign government which has granted the certificate or license to the applicant are, in the opinion of the noncertified member or members of the board, equivalent to those of this State. [1987, c. 489, § 2 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §12251. Permits to practice; individual

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113: PRACTICE OF PUBLIC ACCOUNTANCY (HEADING: PL 1987, c. 489, @2 (new))
Subchapter 5: PERMITS TO PRACTICE (HEADING: PL 1987, c. 489, @2 (new))

§12251. Permits to practice; individual

1. Permits to practice. The board shall grant or renew permits to practice public accountancy to persons who make application and demonstrate their qualifications in accordance with this section. [1987, c. 489, §2 (new).]

2. Duration. Permits shall be initially issued and renewed for a period of one year, but in any event shall expire on the June 30th following issuance or renewal. Applications for those permits shall be made in that form, and in the case of applications for renewal, between such dates, as the board shall by rule specify, and the board shall grant or deny any such application no later than 60 days after the application is filed in proper form. In any case where the applicant seeks the opportunity to show that issuance or renewal of a permit was mistakenly denied or where the board is not able to determine whether it should be granted or denied the board may issue to the applicant a provisional permit, which shall expire 90 days after its issuance or when the board determines whether or not to issue or renew the permit for which application was made, whichever shall first occur. [1987, c. 489, §2 (new).]

3. Requirements. An applicant for initial issuance of a permit under this section shall show:

A. That he holds a valid certificate; and [1987, c. 489, §2 (new).]

B. If the applicant's certificate was issued more than 4 years prior to his application for issuance of an initial permit under this section, that he has fulfilled the requirements of continuing professional education applicable under subsection 5 if he had secured his initial permit within 4 years of issuance of his certificate and was now applying under subsection 5 for renewal of that permit. [1987, c. 489, §2 (new).]

[1987, c. 489, §2 (new).]

4. Out-of-state certificates. The board shall issue a permit to a holder of a certificate as a certified public accountant or a public accountant issued by another state upon showing that:

A. [2005, c. 347, Pt. D, §4 (rp).]

B. The applicant:

(1) Meets all current requirements in this State for issuance of a certificate at the time the application is made;

(2) At the time of the issuance of the applicant's certificate in the other state, met all the requirements then applicable in this State; and

(4) Was eligible to take and passed the examination required for issuance of the certificate with grades that would have been passing grades at the time in this State;
[2005, c. 347, Pt. D, §4 (amd).]

C. The applicant meets the requirements of subsection 3, paragraph B; or [2005, c. 347, Pt. D, §4 (amd).]

D. The applicant had 4 years of experience in the practice of public accountancy or equivalent meeting requirements prescribed by the board by rule, after passing the examination upon which the certificate is based and within the 10 years preceding the submission of the application. [2005, c. 347, Pt. D, §4 (new).]

[2005, c. 347, Pt. D, §4 (amd).]

4-A. Out-of-state certificates; certified public accountants; substantial equivalency. The board shall issue a permit to a holder of a certificate as a certified public accountant issued by another state if the applicant shows that the applicant:

A. Is eligible under the substantial equivalency standard authorized pursuant to section 12228, subsection 12. The holder of a permit issued under this section may engage in the practice of public accountancy only in a firm that holds a permit issued under section 12252; and [1999, c. 245, §9 (new).]

B. Consents, as a condition of the granting of this privilege:

(1) To the jurisdiction of the board;

(2) To comply with this chapter and the board's rules; and

(3) To the appointment of the state board that issued the applicant's certificate as the applicant's agent upon whom process may be served in any action or proceeding by this board against the applicant.
[1999, c. 245, §9 (new).]

[1999, c. 245, §9 (new).]

5. Renewal. An applicant for renewal of a permit under this section shall show that requirements of continuing professional education consisting of not less than 20 hours in each one-year period and not less than 120 hours in any 3-year period have been fulfilled. The board shall establish by rule the number of hours of continuing professional education required in each one-year period and 3-year period. That education must consist of the general kinds and in subjects that are specified by the board by rule. The board may provide by rule that fulfillment of continuing professional education requirements of other states will be accepted in lieu of the requirements of this subsection. The board may also provide by rule for prorated continuing professional education requirements to be met by applicants whose initial permits were issued less than one year prior to the renewal date. The board may prescribe by rule special lesser continuing education requirements to be met by applicants for permit renewal whose prior permits lapsed prior to their applications for renewal. The board, in its discretion, may renew a permit to practice despite failure to furnish evidence of satisfaction of requirements of continuing professional education only upon condition that the applicant follow a particular program or schedule of continuing professional education. In issuing rules and individual orders in respect of requirements of continuing professional education, the board in its discretion may use and rely upon guidelines and pronouncements of recognized educational and professional organizations; may prescribe for content, duration and organization of courses; may take into account any impediments to interstate practice of public accountancy that may result from differences in those requirements in other states; and may provide for relaxation or suspension of those requirements in regard to applicants who certify that they do not intend to engage in the practice of public accountancy. [1999, c. 245, §10 (amd).]

6. Prior certification. Applicants for initial issuance or renewal of permits under this section shall list in their applications all states in which they have applied for or hold certificates or permits and each holder of or applicant for a permit under this section shall notify the board in writing, within 30 days after its occurrence, of any issuance, denial, revocation or suspension of a certificate or permit by another state. [1987, c. 489, §2 (new).]

7. Fee. The board shall charge a fee for each application for initial issuance or renewal of a permit under this section in an amount prescribed by the board by rule. [1987, c. 489, §2 (new).]

8. Adjudicatory hearing. The board shall not refuse to renew a permit for any reason other than failure to pay a required fee, unless it has afforded the licensee an opportunity for an adjudicatory hearing. The board shall hold an adjudicatory hearing at the written request of any person who is denied a certificate or permit without a hearing for any reason other than failure to pay a required fee, provided that the request for hearing is received by the board within 30 days of the applicant's receipt of written notice of the denial of his application, the reasons for the denial of his application and his right to request a hearing. [1987, c. 489, §2 (new).]

9. Expiration; notice. All permits shall expire on June 30th of each year or on such other date as the commissioner determines. Notices of expiration shall be mailed to each permitee's last known address at least 30 days in advance of the expiration of his permit. The notice shall include any requests for information necessary for renewal. Permits may be renewed up to 90 days after the date of expiration upon payment of a late fee of $10 in addition to the renewal fee. Any person who submits an application for renewal more than 90 days after the expiration date shall be subject to all requirements governing new applicants under this chapter, in addition to fulfilling any continuing educational requirements the board may deem necessary. The board in its discretion, giving due consideration to the protection of the public, may waive any or all requirements if that renewal application is made within 2 years from the date of that expiration. Any certificate holder whose employment by any government agency prohibits or precludes his practice of public accountancy in this State, by application to the board, shall be excused from paying the annual permit fee during the period of that employment. [1987, c. 489, §2 (new).]

10. Certificates in other states. An applicant for initial issuance or renewal of a permit under this section shall in the applicant's application list all states in which the applicant has applied for or holds a certificate, license or permit and list any past denial, revocation or suspension of a certificate, license or permit. Each holder of or applicant for a permit under this section shall notify the board in writing, within 30 days after its occurrence, of any issuance, denial, revocation or suspension of a certificate, license or permit by another state. [1999, c. 245, §11 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §12252. Permits to practice; firms

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113: PRACTICE OF PUBLIC ACCOUNTANCY (HEADING: PL 1987, c. 489, @2 (new))
Subchapter 5: PERMITS TO PRACTICE (HEADING: PL 1987, c. 489, @2 (new))

§12252. Permits to practice; firms

1. Permits granted. The board shall grant or renew permits to practice public accountancy to firms that make application and demonstrate their qualifications in accordance with this section. [1987, c. 489, §2 (new).]

2. Duration. Permits shall be initially issued and renewed for a period of one year, but in any event, expiring on June 30th following issuance or renewal. Applications for permits shall be made in that form and, in the case of applications for renewal, between such dates as the board may by rule specify and the board shall grant or deny any such application no later than 60 days after the application is filed in proper form. In any case when the applicant seeks the opportunity to show that issuance or renewal of a permit was mistakenly denied or when the board is not able to determine whether it should be granted or denied, the board may issue to the applicant a provisional permit, which shall expire 90 days after its issuance or when the board determines whether or not to issue or renew the permit for which application was made, whichever shall first occur. [1987, c. 489, §2 (new).]

3. Firm permits. The following provisions apply to the issuance of firm permits.

A. An applicant for initial issuance or renewal of a permit to practice under this section shall show that a simple majority of the ownership of the firm, in terms of financial interests and voting rights of all partners, officers, shareholders, members or managers, belongs to holders of certificates who are licensed in a state and that all partners, officers, shareholders, members or managers whose principal place of business is in this State or who perform professional services in this State hold valid individual permits issued by the board. Firms may include nonlicensee owners in accordance with paragraph B. [2001, c. 260, Pt. F, §2 (amd).]

B. A certified public accountancy firm or public accountancy firm may include nonlicensee owners as long as:

(1) All nonlicensee owners are individuals who actively participate in the certified public accountancy firm or public accountancy firm; and

(2) The firm complies with such other requirements as the board may impose by rule.
[1999, c. 200, §1 (new).]

[2003, c. 344, Pt. D, §22 (amd).]

4. Office registered. An applicant for initial issuance or renewal of a permit to practice under this section shall be required to register each office of the firm within this State with the board and to show that each such office is under the charge of a person holding a valid permit to practice, issued under section 12251 or the corresponding provision of prior law. [1987, c. 489, §2 (new).]

5. Fee. The board may charge a fee for each application for initial issuance or renewal of a permit under this section in an amount prescribed by the board by rule. [1987, c. 489, §2 (new).]

6. Out-of-state permits. Applicants for initial issuance or renewal of permits under this section shall in their application list all states in which they have applied for, or hold permits to, practice public accountancy and each holder of, or applicant for, a permit under this section shall notify the board in writing, within 30 days after its occurrence, of any change in the identities of partners, officers or shareholders who work regularly within this State, any change in the number or location of offices within this State, any change in the identity of the persons in charge of those offices and any issuance, denial, revocation or suspension of a permit by any other state. [1987, c. 489, §2 (new).]

7. Adjudicatory hearing. The board shall not refuse to renew a permit for any reason other than failure to pay a required fee, unless it has afforded the applicant an opportunity for an adjudicatory hearing. The board shall hold an adjudicatory hearing at the written request of any applicant who is denied a permit without a hearing for any reason other than failure to pay a required fee, provided that the request for hearing is received by the board within 30 days of the applicant's receipt of written notice of the denial of his application, the reasons for the denial of his application and his right to request a hearing. [1987, c. 489, §2 (new).]

8. Peer review for certified public accountancy firms. As a condition to the granting or renewal of permits to certified public accountancy firms, each applicant that provides a defined service other than compilations must successfully participate in an approved peer review program. Participation in such a program is governed by the following.

A. A peer review must be completed within 18 months after the initial granting of the permit. The firm must undergo a peer review every 3 years for as long as it provides a defined service other than compilations. [2005, c. 347, Pt. D, §5 (amd).]

B. A certified public accountancy firm that does not provide a defined service other than compilations is not required to undergo a peer review if the firm annually confirms in writing to the board that it does not provide a defined service other than compilations. A certified public accountancy firm that subsequently provides a defined service other than compilations must undergo a peer review within 18 months after the fiscal year end of the first defined services engagement other than compilations that it accepts. [2005, c. 347, Pt. D, §5 (amd).]

The board is authorized to adopt rules to carry out the intent of this subsection. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A. [2005, c. 347, Pt. D, §5 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §12263. Appointment of commissioner as agent

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113: PRACTICE OF PUBLIC ACCOUNTANCY (HEADING: PL 1987, c. 489, @2 (new))
Subchapter 6: APPOINTMENT OF COMMISSIONER AS AGENT (HEADING: PL 1987, c. 489, @2 (new))

§12263. Appointment of commissioner as agent

Application by a person or a firm not a resident of this State for a certificate under section 12228 or 12240 or a permit to practice under section 12251 or 12252 shall constitute appointment of the commissioner as the applicant's agent upon whom process may be served in any action or proceeding against the applicant arising out of any transaction or operation connected with or incident to the practice of public accountancy by the applicant within this State. [1987, c. 489, § 2 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §12273. Revocation or suspension

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113: PRACTICE OF PUBLIC ACCOUNTANCY (HEADING: PL 1987, c. 489, @2 (new))
Subchapter 7: ENFORCEMENT AGAINST HOLDERS OF CERTIFICATES AND PERMITS (HEADING: PL 1987, c. 489, @2 (new))

§12273. Revocation or suspension

1. Revocation or suspension. The board may suspend or revoke a certificate or permit pursuant to Title 5, section 10004. The District Court may revoke or suspend a certificate or permit or refuse to renew a permit upon any of the grounds set forth in this section. In addition, the board may refuse to issue a certificate or permit, refuse to renew a permit, place a licensee on probation or censure a licensee upon any of the grounds set forth in this section as follows:

A. Fraud or deceit in obtaining a certificate as certified public accountant, a certificate as public accountant or a permit to practice public accountancy under this chapter; [1987, c. 489, §2 (new).]

B. Cancellation, revocation, suspension or refusal to renew authority to engage in the practice of public accountancy in any other state for any cause; [1987, c. 489, §2 (new).]

C. Failure, on the part of a holder of a permit under section 12251 or 12252 to maintain compliance with the requirements for issuance or renewal of that permit or to report changes to the board under section 12251, subsection 6, or 12252, subsection 6; [1987, c. 489, §2 (new).]

D. Revocation or suspension of the right to practice before any state or federal agency; [1987, c. 489, §2 (new).]

E. Dishonesty, fraud or gross negligence in the practice of public accountancy or in the filing or failure to file his own income tax returns; [1987, c. 489, §2 (new).]

F. Violation of this chapter or rule promulgated by the board under this chapter; [1987, c. 489, §2 (new).]

G. Violation of any rule of professional conduct promulgated by the board under section 12214, subsection 4; [1987, c. 489, §2 (new).]

H. Conviction of a felony, or of any crime, an element of which is dishonesty or fraud, under the laws of the United States, this State or of any other state if the acts involved have constituted a crime under the laws of this State; [1987, c. 489, §2 (new).]

I. Performance of any fraudulent act while holding a certificate or permit issued under this chapter or prior law; and [1987, c. 489, §2 (new).]

J. Any conduct reflecting adversely upon the licensee's fitness to engage in the practice of public accountancy. [1987, c. 489, §2 (new).]

[1987, c. 489, §2 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]

2. Remedial action. In lieu of, or in addition to, any remedy specifically provided in subsection 1, the board may require of a licensee:

A. A quality review conducted in such fashion as the board may specify; and [1987, c. 489, §2 (new).]

B. Satisfactory completion of such continuing professional education programs as the board may specify. [1987, c. 489, §2 (new).]

[1987, c. 489, §2 (new).]

3. Costs. In any proceeding in which a remedy provided by subsection 1 or 2 is imposed, the board may also require the respondent licensee to pay the costs of the proceeding. [1987, c. 489, §2 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §12274. Enforcement procedures; investigations

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113: PRACTICE OF PUBLIC ACCOUNTANCY (HEADING: PL 1987, c. 489, @2 (new))
Subchapter 7: ENFORCEMENT AGAINST HOLDERS OF CERTIFICATES AND PERMITS (HEADING: PL 1987, c. 489, @2 (new))

§12274. Enforcement procedures; investigations

1. Board; action. The board may, upon receipt of a complaint or other information suggesting violations of this chapter or of the rules of the board, conduct investigation of all complaints and all allegations of noncompliance with, or violations of, this chapter or of the rules of the board. The board may designate a member, or any other person of appropriate competence, to serve as investigating officer to conduct an investigation, who shall report his findings to the board upon completion of the investigation. After receiving and considering the investigatory report, the board may:

A. Report its findings to the Attorney General for prosecution in the District Court for suspension in accordance with Title 4, chapter 5; or [1999, c. 547, Pt. B, §74 (amd); §80 (aff).]

B. Hold an adjudicatory hearing in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV. Following the hearing the board may:

(1) Report its findings to the Attorney General for prosecution under paragraph A;

(2) Place the licensee on probation for a certain period of time during which the licensee shall file periodic affidavits of his practice in accordance with the standards set by the board; or

(3) Censure the licensee by letter.
[1987, c. 489, §2 (new).]

[1999, c. 547, Pt. B, §74 (amd); §80 (aff).]

2. Review. The board may review the publicly available professional work of licensees on a general and random basis, without any requirement of a formal complaint or suspicion of impropriety on the part of any particular licensee. If, as a result of such review, the board discovers reasonable grounds for a more specific investigation, the board may proceed under subsection 1. [1987, c. 489, §2 (new).]

3. Discipline. In any case when the board renders a decision imposing discipline against a licensee under this section and section 12273, the board shall examine its records to determine whether the licensee holds a certificate or a permit to practice public accountancy in any other state; and, if so, the board shall notify the board of accountancy of that other state of its decision by mail within 45 days of rendering the decision. The board may also furnish information relating to proceedings resulting in disciplinary action to other public authorities and to private professional organizations having a disciplinary interest in the licensee. [1987, c. 489, §2 (new).]

4. Board; consideration. The board shall consider applications upon suspension, revocation or refusal to renew according to this subsection.

A. In any case when the board has suspended or revoked a certificate or a permit or refused to renew a permit, the board may modify the suspension or reissue the certificate or permit upon application in writing by the person or firm affected and for good cause shown. [1987, c. 489, §2 (new).]

B. The board shall by rule specify the manner in which those applications shall be made, the times within which they shall be made and the circumstances in which hearings will be held. [1987, c. 489, §2 (new).]

C. Before reissuing or terminating the suspension of a certificate or permit under this section, and as a condition for reissuance or termination of suspension, the board may require the applicant to show successful completion of specified continuing professional education. The board may make the reinstatement of a certificate or permit conditional and subject to satisfactory completion of a quality review conducted in such fashion as the board may specify. [1987, c. 489, §2 (new).]

[1987, c. 489, §2 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §12275. Unlawful acts

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113: PRACTICE OF PUBLIC ACCOUNTANCY (HEADING: PL 1987, c. 489, @2 (new))
Subchapter 7: ENFORCEMENT AGAINST HOLDERS OF CERTIFICATES AND PERMITS (HEADING: PL 1987, c. 489, @2 (new))

§12275. Unlawful acts

1. Issuance of reports. No person or firm not holding a valid permit issued under section 12251 or 12252 may issue a report, including reviews and compilations, on financial statements of any other person, firm, organization or governmental unit. This prohibition does not apply to the following:

A. An officer, partner or employee of any firm or organization affixing his signature to any statement or report in reference to the financial affairs of that firm or organization with any wording designating the position, title or office that he holds in the organization; [1987, c. 489, §2 (new).]

B. Any act of a public official or employee in the performance of his duties as such; or [1987, c. 489, §2 (new).]

C. The performance by any person of other services involving the use of accounting skills, including management advisory or consulting services, the preparation of tax returns, the furnishing of advice on tax matters and the preparation of financial statements without the issuance of reports. [1987, c. 489, §2 (new).]

[1987, c. 489, §2 (new).]

2. Misuse of title; individual; certified public accountants. No person not holding a valid certificate issued under section 12227, shall use or assume the title of "certified public accountant," the abbreviation "CPA" or any other title, designation, words, letters, abbreviation, sign, card or device indicating that the person is a certified public accountant. [1987, c. 489, §2 (new).]

3. Use of title. A firm may not assume or use the title or designation "certified public accountant," the abbreviation "CPA" or any other title, designation, words, letters, abbreviation, sign, card or device indicating that the firm is composed of certified public accountants, unless:

A. The firm holds a valid permit issued under section 12252; and [1987, c. 489, §2 (new).]

B. A simple majority of all partners, officers, shareholders, members or managers of the firm hold certificates. [1999, c. 619, §4 (amd).]

[1999, c. 619, §4 (amd).]

4. Misuse of title; public accountant. No persons may assume or use the title or designation "public accountant," the abbreviation "PA" or any other title, designation, words, letters, abbreviation, sign, card or device indicating that the person is a public accountant unless he holds a valid permit issued under section 12251. [1987, c. 489, §2 (new).]

5. Misuse of title; firm; public accountant. No firm not holding a valid permit issued under section 12252 may assume or use the title or designation "public accountant" the abbreviation "PA" or any other title, designation, words, letters, abbreviation, sign, card or device indicating that the firm is composed of public accountants. [1987, c. 489, §2 (new).]

6. Similar titles prohibited. No person or firm not holding a valid permit issued under section 12251 or 12252 may assume or use the title or designation "certified accountant," "chartered accountant," "enrolled accountant," "licensed accountant," "registered accountant," "accredited accountant" or any other title or designation likely to be confused with the titles "certified public accountant," "public accountant" or use any of the abbreviations "CA," "LA," "RA," "AA" or similar abbreviations likely to be confused with the abbreviations "CPA" or "PA," provided that a holder of a certificate who does not also hold a permit may use the titles pertaining to that certificate in any manner not prohibited by rules promulgated by the board under section 12214, subsection 4. [1987, c. 489, §2 (new).]

7. Similar designation prohibited. No person or firm not holding a valid permit issued under section 12251 or 12252 may assume or use any title or designation that includes the words "auditor" or "auditing" in connection with any other language, including the language of a report, that implies that the person or firm holds such a permit or has special competence as an auditor, provided that this subsection does not prohibit any officer, partner or employee of any firm or organization from affixing his signature to any statement in reference to the financial affairs of that firm or organization with any wording designating the position, title or office that he holds in the firm or organization or prohibit any act of a public official or employee in the performance of his duties. [1987, c. 489, §2 (new).]

8. Unauthorized practice. No person holding a certificate may engage in the practice of public accountancy, unless he also holds a valid permit issued under section 12251. [1987, c. 489, §2 (new).]

9. Form of firm. No person or firm holding a permit may engage in the practice of public accountancy using a professional or firm name or designation that is misleading about the legal form of the firm, about the persons who are partners, officers or shareholders of the firm or about any other matter, provided that the names of one or more former partners or shareholders may be included in the name of a firm or its successor. [1987, c. 489, §2 (new).]

10. Foreign practice. Subsections 1 to 11 do not apply to a person or firm holding a certificate, designation, degree or license granted in a foreign country entitling the holder to engage in the practice of public accountancy or its equivalent in that country, whose activities in this State are limited to the provision of professional services to persons or firms who are residents of, governments of or business entities of the country in which he holds that entitlement, who issues no reports with respect to the financial statements of any other persons, firms or governmental units in this State, and who does not use in this State any title or designation other than the one under which he practices in that country, followed by a translation of that title or designation into the English language, if it is in a different language and by the name of that country. [1987, c. 489, §2 (new).]

11. Employees. Nothing in this chapter prohibits any person, not a certified public accountant, or public accountant from serving as an employee of, or an assistant to, a certified public accountant, public accountant, a firm of certified public accountants or of public accountants holding a permit to practice issued under section 12251 or 12252, provided that the employee or assistant shall not issue any accounting or financial statements over his name. [1987, c. 489, §2 (new).]

12. Commissions; referral fees. A licensee, when performing for a client a defined service, may not receive a commission or a referral fee:

A. For recommending or referring to a client any product or service; [1999, c. 245, §12 (new).]

B. For recommending or referring any product or service to be supplied by a client; or [1999, c. 245, §12 (new).]

C. As a consequence of a decision by a client to purchase or supply a particular product or service. [1999, c. 245, §12 (new).]

Notwithstanding paragraphs A, B and C, a licensee may receive a commission or a referral fee if the licensee's compilation report discloses in writing a lack of independence. This prohibition applies during the period in which the licensee is engaged to perform any of the defined services and the period covered by any historical financial statements involved in the defined services. A licensee who is not prohibited by this section from receiving a commission or a referral fee shall disclose in writing to any person or entity to whom the licensee recommends or refers a product or service to which the commission or referral fee relates the fact that the licensee has been paid or expects to be paid a commission or referral fee. [1999, c. 245, §12 (new).]

13. Contingency fees. A licensee or a licensee's firm may not:

A. When involved in providing for a client a defined service:

(1) Perform for a contingent fee any services for a client; or

(2) Receive a contingency fee from a client; or
[1999, c. 245, §12 (new).]

B. Prepare an original or amended tax return or claim for a tax refund for a contingent fee. [1999, c. 245, §12 (new).]

Notwithstanding paragraph A, a licensee when providing a defined service may receive a contingency fee if the licensee's compilation report discloses in writing a lack of independence. The prohibitions apply during the period in which the licensee is engaged to perform any of the services listed in this section and the period covered by any historical financial statements involved in any of the listed services. As used in this subsection a "contingent fee" or "contingency fee" means a fee established for the performance of any service pursuant to an arrangement in which no fee is charged unless a specified finding or result is attained or in which the amount of the fee is otherwise dependent upon the finding or result of the service. For purposes of this subsection, fees are not regarded as being contingent if fixed by courts or other public authorities or, in tax matters, if determined based on the results of judicial proceedings or the findings of governmental agencies. A licensee's fees may vary depending on the complexity of services rendered. [1999, c. 245, §12 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §12276. Injunction

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113: PRACTICE OF PUBLIC ACCOUNTANCY (HEADING: PL 1987, c. 489, @2 (new))
Subchapter 7: ENFORCEMENT AGAINST HOLDERS OF CERTIFICATES AND PERMITS (HEADING: PL 1987, c. 489, @2 (new))

§12276. Injunction

The State may bring an action in Superior Court to enjoin any person from violating this chapter, regardless of whether proceedings have been or may be instituted in the District Court or whether criminal proceedings have been or may be instituted. [1987, c. 489, §2 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §12277. Misdemeanors

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113: PRACTICE OF PUBLIC ACCOUNTANCY (HEADING: PL 1987, c. 489, @2 (new))
Subchapter 7: ENFORCEMENT AGAINST HOLDERS OF CERTIFICATES AND PERMITS (HEADING: PL 1987, c. 489, @2 (new))

§12277. Misdemeanors

Any person who willfully violates section 12275 shall be guilty of a Class D crime. Whenever the board has reason to believe that any person is liable to punishment under this section, it may certify the facts to the Attorney General who may, in his discretion, cause appropriate proceedings to be brought. [1987, c. 489, § 2 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §12278. Single act evidence of practice

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113: PRACTICE OF PUBLIC ACCOUNTANCY (HEADING: PL 1987, c. 489, @2 (new))
Subchapter 7: ENFORCEMENT AGAINST HOLDERS OF CERTIFICATES AND PERMITS (HEADING: PL 1987, c. 489, @2 (new))

§12278. Single act evidence of practice

In any action brought under section 12273 or 12277, evidence from the commission of a single act prohibited by this chapter shall be sufficient to justify a penalty, injunction, restraining order or conviction, respectively, without evidence of a general course of conduct. [1987, c. 489, §2 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §12279. Confidential communications

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113: PRACTICE OF PUBLIC ACCOUNTANCY (HEADING: PL 1987, c. 489, @2 (new))
Subchapter 7: ENFORCEMENT AGAINST HOLDERS OF CERTIFICATES AND PERMITS (HEADING: PL 1987, c. 489, @2 (new))

§12279. Confidential communications

Except by permission of the client engaging a licensee under this chapter, or the heirs, successors or personal representatives of that client, a licensee or any partner, officer, shareholder or employee of a licensee shall not voluntarily disclose information communicated to him by the client relating to, and in connection with, services rendered to the client by the licensee in the practice of public accountancy. That information shall be considered confidential, provided that nothing may be construed as prohibiting the disclosure of information required to be disclosed by the standards of the public accounting profession in reporting on the examination of financial statements or as prohibiting disclosures in court proceedings, investigations or proceedings under section 12273, in ethical investigations conducted by private professional organizations or in the course of quality reviews. [1987, c. 489, § 2 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §12280. Licensee's working papers; client's records

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113: PRACTICE OF PUBLIC ACCOUNTANCY (HEADING: PL 1987, c. 489, @2 (new))
Subchapter 7: ENFORCEMENT AGAINST HOLDERS OF CERTIFICATES AND PERMITS (HEADING: PL 1987, c. 489, @2 (new))

§12280. Licensee's working papers; client's records

1. Records; property of licensee. All statements, records, schedules, working papers and memoranda made by a licensee or a partner, shareholder, officer, director or employee of a licensee, incident to, or in the course of, rendering services to a client in the practice of public accountancy, except the reports submitted by the licensee to the client and except for records that are part of the client's records, shall be and remain the property of the licensee in the absence of an express agreement between the licensee and the client to the contrary. No statement, record, schedule, working paper or memorandum may be sold, transferred or bequeathed, without the consent of the client or his personal representative or assignee, to anyone other than one or more surviving partners or stockholders or new partners or stockholders of the licensee or any combined or merged firm or successor in interest to the licensee. [1987, c. 489, § 2 (new).]

2. Licensee to furnish items to client. A licensee shall furnish to his client or former client upon request and reasonable notice:

A. A copy of the licensee's working papers, to the extent that the working papers include records that would ordinarily constitute part of the client's records and are not otherwise available to the client; and [1987, c. 489, § 2 (new).]

B. Any accounting or other records belonging to, or obtained from or on behalf of, the client that the licensee removed from the client's premises or received for the client's account. The licensee may make and retain copies of those documents of the client when they form the basis for work done by him. [1987, c. 489, § 2 (new).] [1987, c. 489, § 2 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01

Usa-maine Law Firm / Lawyers Services Provided in Usa-maine :

Usa-maine Divorce Laws, custody, Usa-maine Corporate Lawyers, Agreement, provident fund, Registered marriage, Court marriage Lawyers, Special/ Foreign marriage, Incorporation of company, Rent, eviction, tenancy, Lease Lawyers, Usa-maine Labour laws, Appeals, Supreme Court Lawyers, High Court Lawyers, Bail, medical, negligence, Insurance claims/ accidents Lawyer, Usa-maine Citizenship/ immigration Lawyers, Copyright Laws, Consumer, district Lawyer, State, national, Dowry, Wills & Probate, Trust & Estates Lawyers, Intellectual Property Lawyer, Bankrupt Lawyers, Banking & Finance, Corporate, Private Business Law, Recovery, Joint Venture & Mergers, Consumer, Civil Right Law Usa-maine, Medical Negligence, Medical Malpractice, legal notice, summons, Income Tax Lawyers, sales, Custom Law, Excise Law, octroi, cess Civil, Criminal Solicitor Usa-maine, Registration of property, Title search, mutation relationship, Conveyance, Transfer of Property Law, Usa-maine Property lawyer, deeds, drafts, power of attorney, Recovery, Taxation Laws in Usa-maine

LEGAL SERVICES

Add Lawyer
Legal Enquiry
Find a Lawyer
Bare Acts / India Codes
Statutes / Code

LAWYER BY LOCATION

India Lawyer
United State Lawyer
UAE Lawyer
Canada Lawyer
Find More...

LAW PRACTICE AREA

Business Law
Employment & Labor Law
Govt. Agencis & Taxtion
Family Law
Real Estate Property Law
Immigration Law

ABOUT HELPLINELAW

About Us
Contact Us
Services
Site Map
Recommend to Friends

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice in India abroad regarding their individual legal, civil criminal issues or consult one of the experts online.