2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 28B - 1999 Public Accountancy Act › Section 61-28B-13 - Firm permits to practice, attest experience, peer review. (Repealed effective July 1, 2030.)

A. The board may grant or renew a permit to practice as a certified public accountant firm to an applicant that demonstrates its qualifications in accordance with this section.
B. A permit issued pursuant to this section shall be required for the following:
(1) a firm with an office in New Mexico performing attest services as defined by the 1999 Public Accountancy Act;
(2) a firm with an office in New Mexico that uses the title "CPA" or "CPA firm"; or
(3) a firm that does not have an office in New Mexico but offers or renders attest services for a client in New Mexico, except as provided in Subsection C of this section.
C. A firm that does not have an office in New Mexico may offer or render attest services for a client in New Mexico and may use the title "CPA" or "CPA firm" without a permit issued pursuant to this section only if:
(1) the firm offers or renders the services through a person with practice privileges under Section 61-28B-26 NMSA 1978; provided that the firm can lawfully perform the services in the state where the person's primary place of business is located;
(2) the firm meets the requirements of Paragraph (1) of Subsection H of this section; and
(3) the firm meets the requirements of Subsection L of this section.
D. A firm not subject to the requirements of Subsection B or C of this section may perform other nonattest professional services while using the title "CPA" or "CPA firm" in New Mexico without a permit issued pursuant to this section only if:
(1) the firm performs services through a person with practice privileges pursuant to Section 61-28B-26 NMSA 1978; and
(2) the firm can lawfully perform services in the state that is the firm's principal place of business.
E. Permits shall be issued and renewed for periods of not more than two years, expiring on June 30 of the year of expiration. Failure to pay the renewal fee shall be cause for the board to withhold renewal of a permit without prior hearing pursuant to the provisions of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978]. If the renewal fee and delinquency fee are not paid within ninety days after the expiration of the permit, the permit shall be subject to cancellation. A firm whose permit has been canceled for failure to pay the annual renewal fee may secure reinstatement of the permit upon application and payment of the renewal fee and upon approval by the board.
F. The board shall grant or deny an application for a permit no later than ninety days after the complete application is filed.
G. If an applicant appeals the decision of the board to deny a permit, the board may issue a provisional permit for no longer than ninety days while the board reconsiders its decision.
H. An applicant for initial issuance or renewal of a permit shall demonstrate that:
(1) a simple majority of the ownership of the firm, in terms of financial interests, profits, losses, dividends, distributions, options, redemptions and voting rights of all partners, officers, shareholders, members or managers, belongs to holders of a certificate who are licensed in some state. A partner, officer, shareholder, member or manager, whose principal place of business is in New Mexico, and who performs professional services in New Mexico, must hold a valid certificate. The firm and all owners must comply with the 1999 Public Accountancy Act. A person with practice privileges pursuant to Section 61-28B-26 NMSA 1978 who performs services for which a permit is required pursuant to this section shall not be required to obtain a certificate from New Mexico pursuant to Section 61-28B-9 NMSA 1978. A firm may include owners who are not certificate holders; provided that:
(a) the firm designates a New Mexico certificate holder, or in the case of a firm that must have a permit, a licensee of another state who meets the requirements of Subsection A of Section 61-28B-26 NMSA 1978, who is responsible for the proper registration of the firm and identifies that person to the board;
(b) all owners who are not certificate holders are active participants in the certified public accountant firm or registered public accountant firm or affiliated entities; and
(c) the firm complies with the 1999 Public Accountancy Act; and
(2) a certificate holder, or a person qualifying for practice privileges pursuant to Section 61-28B-26 NMSA 1978, who is responsible for supervising attest services or signs or authorizes someone to sign the accountant's report on behalf of the firm meets the experience requirements set out in the professional standards for such services.
I. An applicant for initial issuance or renewal of a permit shall be required to register each office of the firm within New Mexico with the board and to show that all attest services rendered in this state are under the charge of a person holding a valid certificate issued pursuant to the 1999 Public Accountancy Act or the corresponding provision of prior law or by some other state.
J. An applicant for initial issuance or renewal of a permit shall list all foreign and domestic jurisdictions in which it has applied for or holds permits as a certified public accountant firm and list any past denial, revocation or suspension of a permit by any jurisdiction. Each permit holder or applicant shall notify the board in writing, within thirty days of the occurrence of a change in the identities of partners, officers, shareholders, members or managers whose principal place of business is in this state, a change in the number or location of offices within this state, a change in the identity of the persons in charge of such offices and any issuance, denial, revocation or suspension of a permit by another jurisdiction.
K. A firm that falls out of compliance with the provisions of the 1999 Public Accountancy Act due to changes in firm ownership or personnel shall take corrective action to bring the firm back into compliance as quickly as possible. The board may grant a six-month period for a firm to take the corrective action. Failure to bring the firm back into compliance within six months shall result in the suspension or revocation of the firm permit.
L. As a condition to permit renewal, the board shall require the applicant to undergo a peer review conducted in accordance with board rules. The review shall include a verification that a person in the firm, or a person qualifying for practice privileges pursuant to Section 61-28B-26 NMSA 1978, who is responsible for supervising attest services and signs or authorizes someone to sign the accountant's report on behalf of the firm meets the experience requirements set out in the professional standards for the services as required by the board.
M. If a partner, shareholder or member is a legal business entity, that legal business entity must be a firm.
N. Attest services may only be provided by a certificate holder or a member of a firm that satisfies the requirements of this section and Sections 61-28B-8 and 61-28B-13 NMSA 1978. Attest services may not be performed by a certificate holder who is a member of a firm that does not meet the certificate holder's ownership requirements set forth in this section.
History:
Laws 1999, ch. 179, § 13; 2000, ch. 42, § 1; 2005, ch. 84, § 2; 2008, ch. 30, § 4; 2017, ch. 12, § 3.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-28B-29 NMSA 1978.
The 2017 amendment,
effective June 16, 2017, expanded the type of services a nonresident accountant firm may offer to or render for a client in New Mexico without a permit; in Paragraph B(3), after "New Mexico but", deleted "performs" and added "offers or renders", after "for a client", deleted "whose principal place of business is", and after "New Mexico", deleted "except as provided in Subsection C of this section"; in Subsection C, in the introductory clause, after "A firm", deleted "without" and added "that does not have", after "New Mexico may", deleted "perform" and added "offer or render attest", after "services", deleted "described in Paragraph (2) of Subsection A of Section 61-28B-3 NMSA 1978", and after "for a client", deleted "whose principal place of business is"; in Paragraph C(1), deleted "it performs" and added "the firm offers or renders the", and added "provided that the firm can lawfully perform the services in the state where the person's primary place of business is located"; in Paragraph C(2), deleted "a simple majority of the ownership of the firm belongs to holders of a certificate who are licensed in some state pursuant to" and added "the firm meets the requirements of"; in Paragraph C(3), after "the firm", deleted "has undergone a peer review pursuant to" and added "meets the requirements of"; in Subsection D, in the introductory clause, after "may perform other", added "nonattest"; in Paragraph H(2), after "accountant's report", deleted "on the financial statements"; in Subsection L, after "accountant's report", deleted "on the financial statements"; and in Subsection N, after "requirements of this section", added "and Sections 61-28B-8 and 61-28B-13 NMSA 1978".
The 2008 amendment,
effective May 14, 2008, in Subsection A, deleted the requirement that a firm hold a permit to provide attest services or use CPA and RPA titles; added Subsections B through D; in Paragraph (1) of Subsection H, provided that a person with practice privileges pursuant to Section 61-28B-26 NMSA 1978 is not required to obtain a certificate pursuant to Section 61-28B-9 NMSA 1978; included a licensee of another state who meets the requirements of Subsection A of Section 61-28B-26 NMSA 1978 in Subparagraph (a) of Paragraph (1) of Subsection H; and included a person qualifying for practice privileges pursuant to Section 61-28B-26 NMSA 1978 in Paragraph (2) of Subsection H and in Subsection L.
The 2005 amendment,
effective July 1, 2005, provides that a certificate is subject to cancellation if the renewal fee and delinquency fee is not paid within ninety days after expiration of the license and that a certificate that has been cancelled for failure to pay the annual renewal fee may be reinstated only upon application, payment of the renewal fee and approval by the board.
The 2000 amendment,
effective July 1, 2000, substituted "a simple majority" for "a minimum of sixty percent majority" at the beginning of Subsection E(1).