DEPARTMENT OF REGULATORY AGENCIES
BOARD OF ACCOUNTANCY
CERTIFIED PUBLIC ACCOUNTANTS
3 CCR 705-1
CHAPTER 1	ORGANIZATION AND ADMINISTRATION
1.1	 DEFINITIONS.
A.	 AICPA.  American Institute of Certified Public Accountants.
B.	Board.  The Colorado State Board of Accountancy 
C.	Client.  A client means a person or entity that agrees with a certificate holder to receive any professional service.
D.	Examination.  The Uniform CPA Examination.
E.	Financial Statements.  Statements and footnotes related thereto that purport to show actual or anticipated financial position which relates to a point in time, or results of operations, cash flow, or changes in financial position which relate to a period of time, on the basis of generally accepted accounting principles or another comprehensive basis of accounting. The term includes specific elements, accounts or items of such statements, but does not include incidental financial data included in management advisory services reports to support recommendations to a client, nor does it include tax returns and supporting schedules.
F.	He, His, Him.  Masculine pronouns when used also include the feminine and the neuter.
G.	NASBA.  National Association Of State Boards Of Accountancy	
H.	Practice of Public Accounting.  Offering to perform or the performance by a certificate holder or a holder of a practice privilege, for a client or potential client, one or more kinds of services involving the use of accounting or auditing skills, including the issuance of reports on financial statements, or of one or more types of management advisory or consulting services, or the preparation of tax returns or the furnishing of advice on tax matters.
I.	Practice Privilege. The privilege for an out-of-state CPA or CPA Firm to practice Public Accounting Pursuant to, and subject to the conditions contained in, Section 12-2-121(2), C.R.S.
J.	Principal Place of Business. The office location designated by the out-of-state CPA for purposes of substantial equivalency.  
K.	Professional Ethics Course and Examination.  Pursuant to Section 12-2-109(1)(b), C.R.S., the professional ethics course and examination shall mean a course of study concerning the subject of professional ethics and the related examination prepared and administered by the AICPA.
L.	Professional Services.  Any services performed or offered to be performed by a certificate holder or a holder of a practice privilege for a client in the course of the practice of public accounting.
M.	Certificate Holder.  A person granted a Colorado Certified Public Accountant certificate pursuant to the requirements in Article 2 of Title 12, C.R.S.
N.	Registrant.  A firm engaged in the practice of public accounting granted registration pursuant to the requirements in Article 2 of Title 12, C.R.S.
O.	Firm.  A firm shall mean a business entity composed of a Certified Public Accountant(s) engaged in the practice of public accounting as a domestic or foreign partnership, single owner professional corporation or single member limited liability company, corporation, professional corporation, registered limited liability partnership, limited liability limited partnership, limited partnership or limited liability company.
P.	Holding Out.  Any action initiated by a certificate holder or holder of a practice privilege that informs others of the holder's status as a CPA in Colorado. This includes, but is not limited to, any oral or written representation, such as business cards or letterhead, the display of a certificate evidencing a CPA designation, the listing as a CPA in Colorado directories or on the Internet.
Q.	Employment.  Includes the formal relationship between an employer and employee and any other relationship created between public accounting professionals through a contract or a written or oral agreement to perform public accounting services.
R.	Substantial Equivalency.  A determination by the Board of Accountancy or its designee that the education, examination and experience requirements contained in the statutes and administrative rules of another jurisdiction are comparable to, or exceed the education, examination and experience requirements contained in the uniform accountancy act or that an individual CPA’s education, examination and experience qualifications are comparable to or exceed the education, examination and experience requirements contained in the uniform accountancy act.  In ascertaining substantial equivalency as used in these rules, the Board shall take into account the qualifications without regard to the sequence in which experience, education, or examination requirements were attained.  
S.	Other Professional Standards.  For the purpose of these Rules, other Professional Standards shall include but are not limited to:   
1.	Statements on Standards for Consulting Services   
2.	Statements on Standards for Tax Services   
3.	Statements on Standards for Accounting and Review Services   
4.	Statements on Standards for Attestation Engagements   
5.	Statements on Standards for Valuation Services
	The statements at 1.1.S (1-5) were issued by the AICPA and in effect as of January 1, 2009.  This Rule does not include later amendments to or editions of the professional standards.  Copies of professional   standards may be inspected in the offices of the Board during regular business hours.  The public should contact the Board's Program Director at 1560 Broadway, Suite 1350, Denver, CO 80202 to examine the professional standards.   
T.	AICPA's Code of Professional Conduct.   The Code of Professional Conduct issued by the AICPA and in effect as of January 1, 2009.   This Rule does not include later amendments to or editions of the AICPA's Code of Professional Conduct. Copies of the AICPA's Code of Professional Conduct may be inspected in the offices of the Board during regular business hours. The public should contact the Board's Program Director at 1560 Broadway, Suite 1350, Denver, CO 80202 to examine the AICPA's Code of Professional Conduct.   
U.	Auditing Standards.   Generally accepted auditing standards issued by the AICPA, The Public Company Accounting Oversight Board (PCAOB) and government auditing standards issued by the United States Government Accountability Office (GAO) and in effect as of  January 1, 2009.   This Rule does not include later amendments to or editions of the auditing standards. Copies of the auditing standards may be inspected in the offices of the Board during regular business hours. The public should contact the Board’s Program Director at 1560 Broadway, Suite 1350, Denver, CO 80202 to examine the auditing standards.   
V.	Accounting Principles.   Generally accepted accounting principles determined by the Financial Accounting Standards Board (FASB) and the Governmental Accounting Standards Board (GASB), and the International Financial Reporting Standards (IFRS) as issued by the International Accounting Standards Board (IASB), and in effect as of  January 1, 2009.  This Rule does not include later amendments to or editions of the accounting standards setting forth the accounting principles.  Copies of the standards setting forth the accounting principles may be inspected in the offices of the Board during regular business hours.  The public should contact the Board's Program Director at 1560 Broadway, Suite 1350, Denver, CO 80202 to examine the standards setting forth the accounting principles accounting principles.   
Copies of the above referenced publications may also be viewed at the following locations:   
Denver Public Library (Central Branch)   
Any State publication depository   
Colorado Society of CPAs   
CHAPTER 9	SUBSTANTIAL EQUIVALENCY
9.1	 Scope of the Practice Privilege.
A.	An individual who qualifies for the practice privilege under section 9.2 of these rules shall be deemed to have all the privileges of a licensee of this state without the need to obtain a Colorado license.  Such an individual and the firm that employs the individual are subject to the requirements in section 12-2-121(2)(c), C.R.S., and may use the title “Certified Public Accountant” or the abbreviation “C.P.A.”, pursuant to Section 12-2-121(2)(b)(II), C.R.S.  
9.2	Requirements
A.    Practice Privilege Requirements
1.	An individual whose principal place of business is not in this state shall be presumed to have qualifications substantially equivalent to this state’s requirements and shall have all the privileges of licensees of this state without the need to obtain a certificate under Section 12-2-108, C.R.S., if:
A.	The individual holds a valid license as a Certified Public Accountant from any state which the NASBA national qualification appraisal service has verified to be in substantial equivalence with the CPA licensure requirements of the AICPA/NASBA uniform accountancy act; or
B.	The individual holds a valid license as a Certified Public Accountant from any state or jurisdiction of the United States, which the NASBA national qualification appraisal service has not verified to be in substantial equivalence with the CPA licensure requirements of the AICPA/NASBA uniform accountancy act but such individual obtains from the NASBA national qualification appraisal service verification that such individual’s CPA qualifications are substantially equivalent to the CPA licensure requirements of the AICPA/NASBA uniform accountancy act.  Any individual who passed the uniform CPA examination and holds a valid license issued by any other state prior to January 1, 2012, shall be exempt from the education requirement in the uniform accountancy act.  
2.	Pursuant to section 12-2-106(5), C.R.S. and notwithstanding any other provision of law, an individual who offers or renders professional services, whether in person, or by mail, telephone, or electronic means, under this section shall be granted practice privileges in this state and no notice or other submission shall be provided by any such individual.  
3.	For purposes of this section, “valid license” means a current certificate or license allowing an individual to engage in the practice of public accounting in that state and to hold himself out as a “CPA” in the state that issued the certificate or license.  

B.	Firm Registration not required
Pursuant to section 12-2-121, C.R.S., any foreign partnership, corporation, limited partnership, limited liability limited partnership, or limited liability company engaging in the practice of accounting in this state through a holder of a practice privilege shall not be required to register with the Board, notwithstanding Section 12-2-117, C.R.S.  
C.	Contact Information required
Any person authorized to use the title “Certified Public Accountant” or the abbreviation “C.P.A.” shall provide contact information to clients pursuant to Section 12-2-115(2), C.R.S.
9.3	Discipline for holders of the Practice Privilege
A.	Individual Privilege Holders
The Board may revoke, suspend, fine, censure, issue a letter of admonition, place on probation, impose other conditions or limitations, or deny the practice privilege to any individual for the following grounds:
1.	Fraud or deceit in qualifying for the practice privilege; 
2.		Fraud or negligence in the practice of public accounting in Colorado or any other state;
3. 		Fraud in the filing of or failure to file his or her own income tax returns;
4.	Violation of any provision of Article  2 of Title 12, C.R.S., applicable to the practice privilege, of any final rule or regulation promulgated by the board applicable to the practice privilege, or of any valid agency order;
5.	Violation of a rule of professional conduct promulgated by the Board under the authority granted by Article 2 of Title 12, C.R.S.;
6.	Conviction of a felony under the laws of any state or of the United States. A plea of guilty or a plea of nolo contendere accepted by the court shall be considered as a conviction;
7.	Conviction of any crime, an element of which is dishonesty or fraud, under the laws of any state or of the United States.  A plea of guilty or a plea of nolo contendere accepted by the court shall be considered as a conviction;
8.	Cancellation, revocation, suspension, limitation of right to practice, any other form of discipline, or refusal to renew authority to practice as a Certified Public Accountant or a public accountant in any state;
9.	Suspension, revocation, or any limitation of the right to practice before any state or federal agency for improper conduct or willful violation of the rules or regulations of such state or federal agency;
10.	Providing public accounting services to the public without qualifying for the practice privilege under Section 12-2-121(2), C.R.S.;
11.	Assuming or using the title or designation "Certified Public Accountant" or the abbreviation "C.P.A.", or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that such person is a certified public accountant unless such person holds an active certificate as a Colorado Certified Public Accountant or qualifies for the practice privilege;
12.	An act or omission which fails to meet generally accepted accounting principles or generally accepted auditing standards in the profession;
13.	Habitual intemperance with respect to or excessive use of any habit-forming drug, any controlled substance as defined in Section 12-22-303(7), C.R.S., or any alcoholic beverage, any of which renders him or her unfit to practice public accounting;
14.	Failure to retain records of the work performed for each client in Colorado for a period of five years.
B.	If an individual practice privilege holder’s certificate, license or permit to practice as a CPA is limited or subjected to any form of discipline or denial by a foreign jurisdiction while he or she is exercising the practice privilege in Colorado, or if the CPA firm’s certificate, license, permit or registration is limited or subjected to any form of discipline or denial by another jurisdiction, the  practice privilege holder shall notify the board of the limitation or discipline by the other state jurisdiction within seven (7) days of the action taken by the other jurisdiction.