reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 74 - BOARD OF ACCOUNTANCY › Article 4 - PERMITS TO PRACTICE AND CONTINUING PROFESSIONAL EDUCATION REQUIREMENTS › Section 74-4-7 - Continuing education requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) Each applicant for renewal of a permit to
			 practice as a certified public accountant in Kansas shall have completed 80
			 hours of acceptable continuing education (CE) during each biennial period for
			 renewal and shall be in possession of proof of attendance or completion of the
			 CE hours claimed before the applicant submits an application for renewal. Each
			 applicant for renewal or reinstatement of a permit shall have completed two
			 hours in professional ethics relating to the practice of certified public
			 accountancy as part of the continuing education requirement. Proof of
			 attendance or completion of any CE hours claimed through an application for
			 renewal means: for all attended, group, independent and self-study programs, a
			 certificate of completion or attendance in accordance with
			 K.A.R.
			 74-4-9(b)(2); for
			 instruction credit, a certificate or verification in accordance with
			 K.A.R.
			 74-4-9(b)(3); for a
			 university or college course successfully completed for credit, an official
			 transcript showing the grade; for a university or college non-credit course, a
			 certificate of attendance in accordance with
			 K.A.R.
			 74-4-9(b)(5); and for
			 research and writing time claimed under
			 K.A.R.
			 74-4-8(d), a written copy of
			 the published article, book or program.
(2) Ethics courses, which shall be defined as
			 courses dealing with regulatory and behavioral ethics, shall be limited to
			 courses on the following:
(A) Professional
			 standards;
(B) licenses and
			 renewals;
(C) SEC
			 oversight;
(D)
			 competence;
(E) acts
			 discreditable;
(F) advertising and
			 other forms of solicitation;
(G)
			 independence;
(H) integrity and
			 objectivity;
(I) confidential
			 client information;
(J) contingent
			 fees;
(K) commissions;
(L) conflicts of interest;
(M) full disclosure;
(N) malpractice;
(O) record retention;
(P) professional conduct;
(Q) ethical practice in business;
(R) personal ethics;
(S) ethical decision making; and
(T) corporate ethics and risk management as
			 these topics relate to malpractice and relate solely to the practice of
			 certified public accountancy.
Kansas Administrative Regulations › Agency 74 - BOARD OF ACCOUNTANCY › Article 4 - PERMITS TO PRACTICE AND CONTINUING PROFESSIONAL EDUCATION REQUIREMENTS › Section 74-4-8 - Continuing education programs; requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A program designed to allow a participant
			 to learn a given subject through interaction with an instructor and other
			 participants in a classroom or conference setting, or intrafirm program using
			 the internet, may be approved for continuing education credit under
			 K.A.R.
			 74-4-7 if the program meets the following
			 conditions:
(1) It is a formal program of
			 learning that maintains or improves the professional competence of a certified
			 public accountant and requires attendance.
(2) Participants are informed in advance of
			 the learning objectives, prerequisites, program level, program content, any
			 requirements for advance preparation, instructional delivery methods,
			 recommended CE credit, and course registration requirements.
(3) The program is at least 50 minutes in
			 length.
(4) The program is
			 conducted by a person qualified in the subject area.
(5) The program sponsor issues to each
			 participant a certificate of attendance that reflects the name of the program
			 sponsor, title and course field of study, date and location of the program,
			 delivery method of the course, name of the participant, NASBA registry number,
			 if applicable, signature of a representative of the program sponsor, and number
			 of CE contact hours.
(6) A record
			 of registration and attendance is retained for six years by the program
			 sponsor.
Kansas Administrative Regulations › Agency 74 - BOARD OF ACCOUNTANCY › Article 4 - PERMITS TO PRACTICE AND CONTINUING PROFESSIONAL EDUCATION REQUIREMENTS › Section 74-4-9 - Continuing education controls and reporting

Current through Register Vol. 43, No. 28, July 11, 2024
(a) When applying for renewal of the permit
			 to practice, each applicant shall sign a statement indicating the applicant's
			 compliance with the requirements in
			 K.A.R.
			 74-4-7 and
			 74-4-8, unless the applicant
			 qualifies for the exemption outlined in
			 K.S.A.
			 1-310, and amendments thereto.
(b)
(1) Any
			 applicant may be required by the board to verify the number of CE hours claimed
			 in subsection (a), on a form provided by the board, which shall include the
			 following information:
(A) The name of the
			 organization, school, firm, or other sponsor conducting the program or
			 course;
(B) the location of the
			 program or course attended;
(C) the
			 title of the program or course, or a brief description;
(D) the course field of study;
(E) the delivery method of the program or
			 course;
(F) the dates attended or
			 the date the program or course was completed; and
(G) the number of continuing education
			 credits that the applicant received for participating in a program or
			 course.
Kansas Administrative Regulations › Agency 74 - BOARD OF ACCOUNTANCY › Article 4 - PERMITS TO PRACTICE AND CONTINUING PROFESSIONAL EDUCATION REQUIREMENTS › Section 74-4-10 - Continuing education requirements for renewal of initial or reinstated permits

Current through Register Vol. 43, No. 28, July 11, 2024
(a) To
			 renew an initial or reinstated permit to practice as a certified public
			 accountant in Kansas, each applicant shall complete the number of continuing
			 education (CE) hours proportionate to the number of hours required for the
			 renewal period, given the number of full months from the date of the issuance
			 of the permit to the June 30 renewal date. This requirement shall include two
			 hours of ethics.
(b) CE hours used
			 to reinstate a permit shall not be used toward a subsequent renewal of a
			 permit.
(c) Continuing education
			 credit obtained by the applicant on and after July 1 of the issuance year of
			 the permit may be used to satisfy the continuing education requirement in
			 subsection (a) if the credit meets the requirements specified in
			 K.A.R.
			 74-4-7 and
			 74-4-8 and was not used to
			 reinstate a permit.
Kansas Administrative Regulations › Agency 74 - BOARD OF ACCOUNTANCY › Article 5 - CODE OF PROFESSIONAL CONDUCT › Section 74-5-2a - Definitions of terms in the AICPA code of professional conduct

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The definitions of the terms in ET 0.400
			 of the AICPA "code of professional conduct," as adopted by reference in
			 K.A.R.
			 74-5-2, shall be applicable wherever these
			 terms are used in this article, including any document adopted by reference in
			 this article.
(b) The term
			 "member," as used in the AICPA "code of professional conduct," shall mean any
			 certified public accountant or firm.
Kansas Administrative Regulations › Agency 74 - BOARD OF ACCOUNTANCY › Article 5 - CODE OF PROFESSIONAL CONDUCT › Section 74-5-2b - Applicability of AICPA professional standards

Current through Register Vol. 43, No. 28, July 11, 2024
The AICPA professional standards shall apply to each certified
				public accountant or firm, as defined in
				K.A.R.
				74-5-2, regardless of whether the person or
				entity is a member of the AICPA.
Kansas Administrative Regulations › Agency 74 - BOARD OF ACCOUNTANCY › Article 5 - CODE OF PROFESSIONAL CONDUCT › Section 74-5-101 - Independence

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each certified
			 public accountant or firm shall be independent in the performance of
			 professional services as required by the following standards, as applicable:
(1) The AICPA "code of professional conduct,"
			 including the interpretations, as contained in the AICPA professional standards
			 adopted by reference in
			 K.A.R.
			 74-5-2(b)(5);
(2) chapter three of the government auditing
			 standards adopted by reference in
			 K.A.R.
			 74-5-2;
(3) the portions of regulation S-X codified
			 at 17 C.F.R.
			 210.1-02 and
			 17 C.F.R.
			 210.2-01, as in effect on September 7, 2023,
			 which are hereby adopted by reference; and
(4) PCAOB rules, section 3, "professional
			 standards," part 5, "ethics," as adopted by reference in
			 K.A.R.
			 74-5-2.
Kansas Administrative Regulations › Agency 74 - BOARD OF ACCOUNTANCY › Article 5 - CODE OF PROFESSIONAL CONDUCT › Section 74-5-102 - Integrity and objectivity

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In the
			 performance of professional services, each certified public accountant or firm
			 shall maintain objectivity and integrity, shall be free of conflicts of
			 interest, and shall not knowingly misrepresent facts to others or subordinate
			 the accountant's or firm's judgment to another's judgment. In tax practice, any
			 certified public accountant, or firm may resolve doubt in favor of the client
			 if there is reasonable support for that position.
(b) Each certified public accountant or firm
			 shall comply with the following applicable standards:
(1) AICPA "code of professional conduct,"
			 including the interpretations, as contained in the AICPA professional standards
			 adopted by reference in
			 K.A.R.
			 74-5-2(b) (5), which shall
			 be used in determining whether integrity and objectivity have been
			 maintained;
(2) chapter three of
			 the government auditing standards adopted by reference in
			 K.A.R.
			 74-5-2; and
(3) PCAOB rules, section 3, "professional
			 standards," part 5, "ethics," as adopted by reference in
			 K.A.R.
			 74-5-2.
Kansas Administrative Regulations › Agency 74 - BOARD OF ACCOUNTANCY › Article 5 - CODE OF PROFESSIONAL CONDUCT › Section 74-5-103 - Commissions and referral fees

Current through Register Vol. 43, No. 28, July 11, 2024
Each certified public accountant or firm shall comply with the
				AICPA "code of professional conduct" regarding commissions and referral fees,
				including the interpretations, as contained in the AICPA professional standards
				adopted by reference in
				K.A.R.
				74-5-2(b) (5)
				.
Kansas Administrative Regulations › Agency 74 - BOARD OF ACCOUNTANCY › Article 5 - CODE OF PROFESSIONAL CONDUCT › Section 74-5-104 - Contingent fees

Current through Register Vol. 43, No. 28, July 11, 2024
Each certified public accountant or firm shall comply with the
				AICPA "code of professional conduct" regarding contingent fees, including the
				definitions and interpretations, as contained in the AICPA professional
				standards adopted by reference in
				K.A.R.
				74-5-2(b)(5)
				.
Kansas Administrative Regulations › Agency 74 - BOARD OF ACCOUNTANCY › Article 5 - CODE OF PROFESSIONAL CONDUCT › Section 74-5-201 - General standards

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each certified
			 public accountant or firm shall meet the following requirements:
(1) Undertake only those professional
			 services that the CPA or firm can reasonably expect to be completed with
			 professional competence;
(2)
			 exercise due professional care in the performance of professional
			 services;
(3) adequately plan and
			 supervise the performance of professional services; and
(4) obtain sufficient relevant data to afford
			 a reasonable basis for conclusions or recommendations in relation to any
			 professional services performed.
Kansas Administrative Regulations › Agency 74 - BOARD OF ACCOUNTANCY › Article 5 - CODE OF PROFESSIONAL CONDUCT › Section 74-5-202 - Compliance with standards

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each certified
			 public accountant or firm that performs auditing, attestation, review,
			 compilation, management consulting, tax, or other professional services shall
			 comply with the applicable professional standards promulgated by the following
			 entities, which are adopted by reference in
			 K.A.R.
			 74-5-2 and this regulation:
(1) The federal accounting standards advisory
			 board;
(2) the financial accounting
			 standards board;
(3) the
			 governmental accounting standards board;
(4) the PCAOB;
(5) the international accounting standards
			 board;
(6) the municipal services
			 team of the office of accounts and reports, Kansas department of
			 administration;
(7) the AICPA
			 accounting and review services committee;
(8) the AICPA auditing standards
			 board;
(9) the AICPA management
			 consulting services executive committee;
(10) the AICPA tax executive
			 committee;
(11) the AICPA forensic
			 and valuation services executive committee;
(12) the AICPA professional ethics executive
			 committee;
(13) the AICPA personal
			 financial planning executive committee; and
(14) the AICPA peer review board.
Kansas Administrative Regulations › Agency 74 - BOARD OF ACCOUNTANCY › Article 5 - CODE OF PROFESSIONAL CONDUCT › Section 74-5-203 - Accounting principles

Current through Register Vol. 43, No. 28, July 11, 2024
Each certified public accountant or firm shall comply with the
				AICPA "code of professional conduct" regarding accounting principles, including
				the interpretations, as contained in the AICPA professional standards adopted
				by reference in
				K.A.R.
				74-5-2(b)(5).
Kansas Administrative Regulations › Agency 74 - BOARD OF ACCOUNTANCY › Article 5 - CODE OF PROFESSIONAL CONDUCT › Section 74-5-301 - Confidential client information

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A certified
			 public accountant or firm shall not disclose any confidential client
			 information without the consent of the client.
(b) The AICPA "code of professional conduct,"
			 including the interpretations as contained in the AICPA professional standards
			 adopted by reference in
			 K.A.R.
			 74-5-2(b) (5), shall be used
			 by the board in determining compliance with subsection (a).
Kansas Administrative Regulations › Agency 74 - BOARD OF ACCOUNTANCY › Article 5 - CODE OF PROFESSIONAL CONDUCT › Section 74-5-401 - Acts discreditable

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A
			 certified public accountant or firm shall not commit any act discreditable to
			 the profession.
(b) The AICPA "code
			 of professional conduct," including the interpretations of the AICPA
			 professional standards adopted by reference in
			 K.A.R.
			 74-5-2(b)(5), shall be used
			 by the board in determining whether a certified public accountant or firm has
			 committed an act discreditable to the profession.
Kansas Administrative Regulations › Agency 74 - BOARD OF ACCOUNTANCY › Article 5 - CODE OF PROFESSIONAL CONDUCT › Section 74-5-402 - Acting through others

Current through Register Vol. 43, No. 28, July 11, 2024
A certified public accountant shall not permit others to carry
				out on his or her behalf, either with or without compensation, acts which, if
				carried out by the certified public accountant, would place him or her in
				violation of the rules of conduct.
Kansas Administrative Regulations › Agency 74 - BOARD OF ACCOUNTANCY › Article 5 - CODE OF PROFESSIONAL CONDUCT › Section 74-5-403 - Advertising

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A certified
			 public accountant or firm shall not advertise in a manner that is false,
			 misleading, or deceptive.
(b) The
			 use of any non-CPA's name or the name of any firm not registered with the board
			 as a firm, pursuant to
			 K.S.A.
			 1-308 and
			 K.S.A.
			 1-316 and amendments thereto, in any
			 advertisement or publication in any medium or under any heading used for
			 certified public accountants shall be prohibited.
(c) The AICPA "code of professional conduct,"
			 including the interpretations as contained in the AICPA professional standards
			 adopted by reference in
			 K.A.R.
			 74-5-2(b)(5), shall be used
			 by the board in determining whether a certified public accountant has violated
			 subsection (a).
Kansas Administrative Regulations › Agency 74 - BOARD OF ACCOUNTANCY › Article 5 - CODE OF PROFESSIONAL CONDUCT › Section 74-5-404a - Use of CPA designation while performing non-attest services

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A person who
			 has a Kansas permit to practice as a certified public accountant may use the
			 "certified public accountant" or "CPA" designation when performing non-attest
			 services in an organization that is not required to register as a firm.
(b) Non-attest services shall mean
			 those services set forth in
			 K.S.A.
			 1-321 and amendments thereto.
Kansas Administrative Regulations › Agency 74 - BOARD OF ACCOUNTANCY › Article 5 - CODE OF PROFESSIONAL CONDUCT › Section 74-5-405a - Certified public accountants who own a separate business

Current through Register Vol. 43, No. 28, July 11, 2024
Each certified public accountant in the practice of certified
				public accountancy who owns an interest in a separate business shall comply
				with ET section 1.810.010, titled "ownership of separate business," of the
				AICPA "code of professional conduct," as contained in the AICPA professional
				standards adopted by reference in
				K.A.R.
				74-5-2(b)(5)
				.
Kansas Administrative Regulations › Agency 74 - BOARD OF ACCOUNTANCY › Article 5 - CODE OF PROFESSIONAL CONDUCT › Section 74-5-406 - Firm or professional names

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A certified public accountant or firm
			 shall not practice certified public accountancy under a firm or professional
			 name or advertise a firm or professional name that includes descriptive words
			 relating to the quality of services offered or that is misleading concerning
			 the legal form or the persons who are owners, partners, officers, members,
			 managers, or shareholders of the firm.
(b) A firm or professional name shall not be
			 considered to be misleading solely because it contains words describing the
			 geographical area in which the services are offered or words describing the
			 type of services actually being performed by the certified public accountants
			 who are owners, partners, officers, members, managers, or shareholders of the
			 firm.
(c) A firm or professional
			 name or designation shall be considered to be misleading in any of the
			 following instances:
(1) The name contains a
			 misrepresentation of facts.
(2) The
			 name is intended or is likely to create false or unjustified expectations of
			 favorable results.
(3) The name
			 implies education, professional attainment, or licensing recognition of its
			 owners, partners, officers, members, managers, or shareholders that is not
			 supported by facts.
(4) The name of
			 a Kansas professional corporation or association, limited liability company,
			 limited liability partnership, or general corporation does not include its full
			 name as registered with the board each time the firm or professional name is
			 used.
(5) The name misrepresents
			 the number of partners, shareholders, owners, members, or staff accountants
			 holding CPA certificates and permits who own or provide services on behalf of
			 the firm or business.
(6) The name
			 contains the name or names of one or more former partners, shareholders, or
			 owners without their written consent.
Kansas Administrative Regulations › Agency 74 - BOARD OF ACCOUNTANCY › Article 6 - ADDITIONAL OFFICES › Section 74-6-1 - Definitions of office and firm

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Office" shall
			 mean any space that is identified to the public as being connected with a
			 registered firm with a location in Kansas, or for which there is a separate
			 telephone listing in a telephone directory.
(b) "Firm," as used in this article, has the
			 meaning specified in
			 K.S.A.
			 1-321 and amendments thereto.
Kansas Administrative Regulations › Agency 74 - BOARD OF ACCOUNTANCY › Article 6 - ADDITIONAL OFFICES › Section 74-6-2 - Management of an office

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each firm or
			 sole proprietorship with an office, as defined by K.A.R. 74-61, that is located
			 in this state shall have one resident manager in charge of the office who is
			 the holder of a current permit to practice as a certified public accountant
			 issued by this state, who oversees the planning, administration, direction, and
			 review of the services being performed in that office, and who devotes more
			 than half of the resident manager's working time to the affairs of that
			 office.
(b) Any firm or sole
			 proprietorship specified in subsection (a) may, however, have additional
			 offices in this state for which the designated resident manager specified in
			 subsection (a) shall also be responsible to notify the board of each additional
			 office by providing a written statement to the board.
Kansas Administrative Regulations › Agency 74 - BOARD OF ACCOUNTANCY › Article 6 - ADDITIONAL OFFICES › Section 74-6-3 - Emergency assistance

Current through Register Vol. 43, No. 28, July 11, 2024
A certified public accountant holding a current permit to
				practice in this state may, upon notification to the board, provide services
				leading to the disposition of a deceased certified public accountant's
				practice. In the case of a disabled or incapacitated certified public
				accountant, such services, upon notification to the board, may be provided for
				the continuance of a practice. These services may be provided for a period of
				up to six (6) months. The board may, in its discretion, grant additional
				periods of time beyond six (6) months.
Kansas Administrative Regulations › Agency 74 - BOARD OF ACCOUNTANCY › Article 7 - FIRM REGISTRATION › Section 74-7-2 - Firms eligible for registration

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Unless exempt from registration pursuant to
			 K.S.A.
			 1-308 and amendments thereto, before
			 practicing certified public accountancy, a firm, as defined in
			 K.S.A.
			 1-321 and amendments thereto, shall meet the
			 following requirements:
(1) Register with the
			 board on forms provided by the board;
(2) affirm that any individual who signs or
			 authorizes someone to sign the accountant's report on any audit, review, or
			 compilation or on the examination of prospective financial information on
			 behalf of the firm has met the competency requirements specified in
			 K.A.R.
			 74-4-1a; and
(3) pay the fee specified in
			 K.A.R.
			 74-12-1.
Kansas Administrative Regulations › Agency 74 - BOARD OF ACCOUNTANCY › Article 7 - FIRM REGISTRATION › Section 74-7-3 - Revocable living trusts

Current through Register Vol. 43, No. 28, July 11, 2024
An owner of a firm may include a partner, shareholder, member,
				or a trustee of a revocable living trust established by a licensed CPA or other
				natural person permitted to own an interest in a firm pursuant to
				K.S.A.
				1-308 and amendments thereto, if the terms of
				the trust include all of the following provisions:
(a) The CPA or other natural person is the
			 principal beneficiary and a trustee of the trust.
(b) The CPA or other natural person has the
			 unrestricted right to revoke the trust.
(c) The trust does not continue to hold an
			 ownership interest in the firm following the death of the CPA or other natural
			 person for more than a reasonable period of time necessary to dispose of the
			 stock or ownership interest.
Kansas Administrative Regulations › Agency 74 - BOARD OF ACCOUNTANCY › Article 7 - FIRM REGISTRATION › Section 74-7-4 - Notification; firm registration; sole proprietors

Current through Register Vol. 43, No. 28, July 11, 2024
Each certified public accountant who is an unincorporated sole
				proprietor shall perform the following, upon the issuance of the first report
				subject to peer review:
(a) Notify the
			 board, on a form provided by the board;
(b) register as a firm with the board in
			 compliance with
			 K.S.A.
			 1-308 and amendments thereto; and
(c) provide a peer review letter of
			 completion to the board within 18 months after the date on which the report
			 subject to peer review was issued.
Kansas Administrative Regulations › Agency 74 - BOARD OF ACCOUNTANCY › Article 11 - PEER REVIEW PROGRAM › Section 74-11-6 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
Each of the following terms, wherever used in this article of
				the board's regulations, shall have the meaning specified in this
				regulation:
(a) "AICPA" means American
			 institute of certified public accountants.
(b) "AICPA professional standards" means the
			 standards adopted by reference in
			 K.A.R.
			 74-5-2 that are contained in the "AICPA
			 professional standards," volumes 1 and 2, published by the AICPA, as adopted by
			 reference in
			 K.A.R.
			 74-5-2.
(c) "Firm" shall have the meaning specified
			 in K.S.A.
			 1-321 and amendments thereto.
(d) "Peer review" means a review of a firm's
			 accounting and auditing practice in accordance with the standards for
			 performing and reporting on peer reviews.
(e) "Peer review team" means persons or
			 organizations participating in the peer review program required by this article
			 of the board's regulations. This term shall specifically include the team
			 captain, team members, review captain, the report acceptance committee, and the
			 oversight body, but shall not include the board.
(f) "Standards for performing and reporting
			 on peer reviews" means the AICPA "standards for performing and reporting on
			 peer reviews" contained in volume two of the AICPA professional standards, as
			 adopted by reference in
			 K.A.R.
			 74-5-2(b)(9).
(g)
(1)
			 "Substantially similar program" means a peer review program that meets the
			 following requirements:
(A) The peer review
			 team shall be approved by a nationally recognized accounting organization as
			 having the qualifications, training, and experience to perform the peer review
			 function required by this regulation.
(B)
(i) The
			 peer review shall be conducted pursuant to peer review standards as issued by a
			 nationally recognized peer review program that has received prior approval by
			 the board; or
(ii) the peer review
			 shall be conducted pursuant to a written submission detailing the
			 qualifications of the peer review team to conduct the peer review and providing
			 a written plan for the peer review illustrating the means of compliance with
			 this regulation with the prior specific approval of the board.
Kansas Administrative Regulations › Agency 74 - BOARD OF ACCOUNTANCY › Article 11 - PEER REVIEW PROGRAM › Section 74-11-7 - Renewal of a firm's registration

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each application for renewal of a firm's
			 registration shall include one of the following, if applicable:
(1) A letter issued by the administering
			 entity stating that a peer review has been completed and including a due date
			 for the next peer review;
(2) a
			 letter issued by the administering entity stating that the peer review is in
			 process; or
(3) a completed form
			 titled "peer review form," which shall be provided by the board and completed
			 by the firm.
Kansas Administrative Regulations › Agency 74 - BOARD OF ACCOUNTANCY › Article 12 - FEES › Section 74-12-1 - Fees

Current through Register Vol. 43, No. 28, July 11, 2024
Each applicant shall submit the appropriate application form
				and fee as shown in the following schedule:
(a) Issuance of Kansas certificate (initial
			 or duplicate) ........................................... $50.00
(b) Issuance of reciprocal certificate
			 ................... $250.00
(c)
			 Initial permit to practice as a certified public accountant:
(1) For more than one year of a biennial
			 period .................................................................
			 $165.00
(2) For one year or less of
			 a biennial period ........ $82.50
Kansas Administrative Regulations › Agency 74 - BOARD OF ACCOUNTANCY › Article 15 - UNIFORM ACCOUNTANCY ACT › Section 74-15-1 - Adoption of the uniform accountancy act

Current through Register Vol. 43, No. 28, July 11, 2024
For purposes of determining substantial equivalency, the board
				hereby adopts by reference sections 5(c), 5(d), and 5(f) of the "uniform
				accountancy act," fifth edition, July 2007. In section 5(c), all references to
				"the effective date of this act" shall be stricken and replaced with "January
				1, 2007."
Kansas Administrative Regulations › Agency 74 - BOARD OF ACCOUNTANCY › Article 16 - COOPERATION AND NOTIFICATION › Section 74-16-1 - Cooperation with the board

Current through Register Vol. 43, No. 28, July 11, 2024
Each applicant, certified public accountant or firm shall
				cooperate in a timely manner with the board in its investigation of complaints
				or possible violations of the accounting statutes or the regulations of the
				board. Cooperation shall include responding to written communications from the
				board, and providing information and documentation as requested by the board,
				sent by mail to the last known preferred mailing address on file with the
				board, within a reasonable time frame specified by the board or appearing
				before the board, or any of its members, upon request.
Kansas Administrative Regulations › Agency 74 - BOARD OF ACCOUNTANCY › Article 16 - COOPERATION AND NOTIFICATION › Section 74-16-2 - Notification of non-renewal; change of name or address

Current through Register Vol. 43, No. 28, July 11, 2024
Each certified public accountant (CPA) shall notify the board
				in writing if the CPA does not wish to renew the CPA's permit to practice or
				the registration of an accounting firm within 30 days of the renewal deadline,
				or of any change in the person's name, home address, employer name, employer
				address, business name, business address, or electronic-mail address within 30
				days of the change.
Kansas Administrative Regulations › Agency 75 - STATE BANK COMMISSIONER-CONSUMER AND MORTGAGE LENDING DIVISION › Article 6 - UNIFORM CONSUMER CREDIT CODE › Section 75-6-1 - Making transactions outside of the scope of the Kansas uniform consumer credit code subject to same

Current through Register Vol. 43, No. 28, July 11, 2024
The parties to a sale, lease, loan, or modification of a sale,
				lease, or loan that is not a consumer credit transaction may agree in a writing
				signed by the parties to make the transaction subject to the Kansas uniform
				consumer credit code. Any such agreement may be included in the contractual
				agreement evidencing the credit transaction, and when so included, no
				additional signatures shall be required to evidence the agreement to include
				the transaction within the scope of the Kansas uniform consumer credit code
				other than the signatures normally used in executing the credit transaction. In
				order to be effective, each such agreement shall be executed simultaneously
				with the contractual agreement evidencing the credit transaction.
Kansas Administrative Regulations › Agency 75 - STATE BANK COMMISSIONER-CONSUMER AND MORTGAGE LENDING DIVISION › Article 6 - UNIFORM CONSUMER CREDIT CODE › Section 75-6-9 - Additional charges

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The charges
			 enumerated in K.S.A. 16a-2-501(1)(d), and amendments thereto, shall be
			 considered "additional charges in connection with a consumer credit
			 transaction" if the charges meet the following requirements:
(1) Are made under conditions that permit
			 their exclusion from the definition of "finance charge" under K.S.A. 16a-1-301(22)  and amendments thereto; and
(2) are payable to a third party who is not
			 related to the creditor, except as allowed by K.S.A. 16a-1-301(10)(b)  and
			 amendments thereto.
Kansas Administrative Regulations › Agency 75 - STATE BANK COMMISSIONER-CONSUMER AND MORTGAGE LENDING DIVISION › Article 6 - UNIFORM CONSUMER CREDIT CODE › Section 75-6-23 - [16a-3-305(1)] No assignment of earnings

Current through Register Vol. 43, No. 28, July 11, 2024
When a debtor authorizes a deduction from his earnings by the
				debtor's employer to be paid to the employee's creditor in accordance with the
				provision permitting such a deduction in K.S.A. 16a-3-305(1), the authorization
				providing for such "earnings deduction" shall be in a separate printed form or
				writing apart from the contract. Such authorization shall contain a clear and
				conspicuous notice to the debtor that the "earnings deduction" that the debtor
				is authorizing may be revoked by the debtor at any time, and shall also provide
				appropriate wording so that the form may be used as a form for revoking any
				such authorization. A copy must be delivered to the debtor at the time of
				execution. In no such authorization may a reference to an "earnings deduction"
				be termed a wage assignment. For the purposes of remedies and penalties a
				violation of this regulation shall constitute a violation of K.S.A. 16a-3-305.
Kansas Administrative Regulations › Agency 75 - STATE BANK COMMISSIONER-CONSUMER AND MORTGAGE LENDING DIVISION › Article 6 - UNIFORM CONSUMER CREDIT CODE › Section 75-6-26 - Federal consumer credit laws

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each creditor
			 subject to the federal laws and regulations set forth below shall make the
			 disclosures required under these laws and regulations, and shall comply with
			 all other terms and provisions of these laws and regulations applicable to the
			 creditor. The pertinent federal laws and regulations, which are hereby adopted
			 by reference, shall be the following:
(1)
			 Title I of the consumer credit protection act, 15 USC § 1601 et seq., as
			 amended, and in effect on January 1, 2000;
(2) regulation M, 12 CFR part 213, including
			 all appendices, as amended and in effect on January 1, 2000; and
(3) regulation Z, 12 CFR part 226, including
			 all appendices, as amended and in effect on March 31, 2000.
Kansas Administrative Regulations › Agency 75 - STATE BANK COMMISSIONER-CONSUMER AND MORTGAGE LENDING DIVISION › Article 6 - UNIFORM CONSUMER CREDIT CODE › Section 75-6-30 - Application; place of business

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each person who
			 proposes to engage in any of the activities for which a license is required
			 under K.S.A. 16a-2-301, and amendments thereto, shall first apply for and
			 obtain a license for each of the person's places of business. Each applicant
			 for a license and each licensee seeking to license one or more additional
			 places of business shall complete and submit a license application for each
			 place of business.
(b) Each
			 location at which an applicant or licensee regularly performs either of the
			 following activities shall constitute a place of business for the purpose of
			 this regulation:
(1) Makes a supervised loan
			 to a Kansas consumer or makes any loan for personal, family, or household
			 purposes to a Kansas consumer; or
(2) accepts payments on loans made to Kansas
			 consumers that the applicant or licensee has taken assignment of for direct
			 collection.
Kansas Administrative Regulations › Agency 75 - STATE BANK COMMISSIONER-CONSUMER AND MORTGAGE LENDING DIVISION › Article 6 - UNIFORM CONSUMER CREDIT CODE › Section 75-6-31 - Bond requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 applicant for a supervised loan license shall submit a bond in the following
			 amounts:
(1) For any applicant who engages in
			 or intends to engage in making loans secured by an interest in real property or
			 contracts for deed, $250,000.00 for the first licensed place of business, plus
			 an additional $25,000.00 for each additional licensed place of business or, if
			 the applicant made more than $50,000,000.00 in such loans in Kansas during the
			 previous calendar year, $300,000.00; or
(2) for all other applicants, $100,000.00 for
			 the first licensed place of business, plus an additional $25,000.00 for each
			 additional licensed place of business.
Kansas Administrative Regulations › Agency 75 - STATE BANK COMMISSIONER-CONSUMER AND MORTGAGE LENDING DIVISION › Article 6 - UNIFORM CONSUMER CREDIT CODE › Section 75-6-32 - Notification

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each person
			 subject to K.S.A. 16a-6-201  through K.S.A. 16a-6-203, and amendments thereto,
			 shall file notification with the administrator within 30 days after commencing
			 business in Kansas and, thereafter, on or before April 30 of each year. The
			 notification shall be submitted on a form provided by the administrator.
(b) If the business's name,
			 status, or list of locations contained in the notification becomes inaccurate
			 after filing, the person shall notify the administrator in writing within 30
			 days of the date of the change.
Kansas Administrative Regulations › Agency 75 - STATE BANK COMMISSIONER-CONSUMER AND MORTGAGE LENDING DIVISION › Article 6 - UNIFORM CONSUMER CREDIT CODE › Section 75-6-35 - Net worth requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each applicant
			 for a supervised loan license who engages in or intends to engage in making
			 loans secured by an interest in real property or contracts for deed shall
			 comply with both of the following requirements:
(1) Each applicant shall maintain a minimum
			 net worth of $250,000.
(2) At
			 least 20% or $100,000 of the net worth of each applicant, whichever is less,
			 shall be comprised of liquid assets consisting of cash or readily marketable
			 securities registered on a national securities exchange.
Kansas Administrative Regulations › Agency 75 - STATE BANK COMMISSIONER-CONSUMER AND MORTGAGE LENDING DIVISION › Article 6 - UNIFORM CONSUMER CREDIT CODE › Section 75-6-36 - Prelicensing and continuing education; requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each individual required to register as a
			 residential mortgage loan originator pursuant to the Kansas uniform consumer
			 credit code, K.S.A. 16a-1-101  et seq. and amendments thereto, shall complete at
			 least 20 hours of prelicensing professional education (PPE) approved in
			 accordance with subsection (c), which shall include at least the following:
(1) Three hours of federal law and
			 regulations;
(2) three hours of
			 ethics, which shall include instruction on fraud, consumer protection, and fair
			 lending issues; and
(3) two hours
			 of training related to lending standards for the nontraditional mortgage
			 product marketplace.
Kansas Administrative Regulations › Agency 75 - STATE BANK COMMISSIONER-CONSUMER AND MORTGAGE LENDING DIVISION › Article 6 - UNIFORM CONSUMER CREDIT CODE › Section 75-6-37 - Prelicensure testing

Current through Register Vol. 43, No. 28, July 11, 2024
(a) On and
			 after July 31, 2010, each individual required to register as a residential
			 mortgage loan originator pursuant to the Kansas uniform consumer credit code,
			 K.S.A. 16a-1-101  et seq. and amendments thereto, shall pass a qualified written
			 test. For purposes of this regulation, the administrator's designee for
			 developing and administering the qualified written test shall be the nationwide
			 mortgage licensing system and registry.
(b) A written test shall not be treated as a
			 qualified written test for purposes of subsection (a) unless the test
			 adequately measures the applicant's knowledge and comprehension in appropriate
			 subject areas, including the following:
(1)
			 Ethics;
(2) federal laws and
			 regulations pertaining to mortgage origination;
(3) state laws and regulations pertaining to
			 mortgage origination;
(4) federal
			 and state laws and regulations, including instruction on fraud, consumer
			 protection, the nontradi-tional mortgage marketplace, and fair lending
			 issues.
Kansas Administrative Regulations › Agency 75 - STATE BANK COMMISSIONER-CONSUMER AND MORTGAGE LENDING DIVISION › Article 6 - UNIFORM CONSUMER CREDIT CODE › Section 75-6-38 - Record retention

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In any
			 loan, lease, or credit sale not secured by an interest in real estate, the
			 licensee or any person required to file notification with the administrator
			 pursuant to K.S.A. 16a-6-202, and amendments thereto, shall retain the
			 following:
(1) The following documents, as
			 applicable, in any transaction closed in the name of the licensee or person
			 filing notification, for at least 36 months following the closing date or, if
			 the transaction is not closed, the application date:
(A) The application;
(B) the contract and any addendum or
			 rider;
(C) the final
			 truth-in-lending disclosure statement, including an itemization of the amount
			 financed and an itemization of any prepaid finance charges, or consumer lease
			 disclosures;
(D) any written
			 agreements with the borrower that describe rates or fees;
(E) any documentation that aided the licensee
			 or person in making a credit decision, including a credit report, verification
			 of employment, verification of income, bank statements, payroll records, and
			 tax returns;
(F) all paid invoices
			 for credit report, filing, and any other closing costs;
(G) any credit insurance requests and
			 insurance certificates;
(H) the
			 assignment of the contract;
(I)
			 phone log or any correspondence with associated notes detailing each contact
			 with the consumer;
(J) all other
			 agreements for products or services charged in connection with each transaction
			 by the licensee, person filing notification, or third party, including
			 guaranteed asset protection (GAP) and warranties; and
(K) any other disclosures or statements
			 required by law; and
Kansas Administrative Regulations › Agency 80 - KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM › Article 1 - MEMBERSHIP › Section 80-1-1 - Year of service; commencement

Current through Register Vol. 43, No. 28, July 11, 2024
For the purpose of determining membership in the system under K.S.A. 74-4911  of the act, and amendments thereto, the year of service required for coverage under the retirement system shall commence with the first day the employee commences work with the employer in a covered position as defined by K.S.A. 74-4902(13), and amendments thereto.
Kansas Administrative Regulations › Agency 80 - KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM › Article 1 - MEMBERSHIP › Section 80-1-2 - Year of service before entry date; service defined

Current through Register Vol. 43, No. 28, July 11, 2024
For the purpose of determining membership in the system under K.S.A. 74-4911(1)  of the act, and amendments thereto, for an employee in employment on the employer's entry date, these definitions shall apply.
(a) The word "service" as used in the "year of service" requirement shall mean all service for that employer before the employer's entry date; this service need not be continuous.
(b) After the entry date of the employer, "service" for this employee shall mean service in a covered position as defined by K.S.A. 74-4902(13), and amendments thereto, for that employer; this service shall be continuous.
However, when this employee becomes a member, the provisions of the act relating to the crediting of prior service and participating service shall apply.
Kansas Administrative Regulations › Agency 80 - KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM › Article 1 - MEMBERSHIP › Section 80-1-3 - Year of service after entry date; service defined

Current through Register Vol. 43, No. 28, July 11, 2024
For the purpose of determining membership in the system under K.S.A. 74-4911(2)  of the act, and amendments thereto, when a person becomes an employee after the employer's entry date, the "year of service" required shall be in a position that is neither temporary nor seasonal and that requires at least 1,000 hours of work per year; this service shall be continuous.
Kansas Administrative Regulations › Agency 80 - KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM › Article 1 - MEMBERSHIP › Section 80-1-5 - Military service; year of service

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For the purpose of determining membership in the system under K.S.A. 74-4911(4)  of the act, and amendments thereto, employees in military service on the employer's entry date shall not become members of the retirement system until they return to the employment of a participating employer. In the case of any employee whose combined public employment and military service does not equal one year at the time of the employee's return to employment, the date of membership shall be the first day of the payroll period coinciding with or following the completion of one combined (public employment and military service) year of service.
(b) Employees who enter the military service from their employment after the employer's entry date, who are eligible for crediting of military service pursuant to K.S.A. 74-4913(1)(b), and amendments thereto, and who have not completed one year of service at the time of their entry into the military service shall not become members of the retirement system until they return to the employment of a participating employer. In the case of an employee whose combined public employment and military service does not equal one year at the time of the employee's return to employment, the date of membership shall be the first day of the payroll period coinciding with or following the completion of one combined (public employment and military service) year of service.
(c) In each of the above instances, the member shall be granted service credit for the period of military service. The partial year of service actually worked before or after military service may be purchased pursuant to K.S.A. 74-4919a, and amendments thereto.
Kansas Administrative Regulations › Agency 80 - KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM › Article 1 - MEMBERSHIP › Section 80-1-6 - Active military duty; terminal leave

Current through Register Vol. 43, No. 28, July 11, 2024
For the purpose of determining membership in the system under K.S.A. 74-4911  of the act, and amendments thereto, in the cases involving military service leaves, return to public employment shall be deemed to be immediate if it occurs within the provisions of K.S.A. 74-4902(22), and amendments thereto, after the termination of active military duty. "Active military duty," as used in this regulation, shall include terminal leave.
Kansas Administrative Regulations › Agency 80 - KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM › Article 1 - MEMBERSHIP › Section 80-1-7 - Employee; defined

Current through Register Vol. 43, No. 28, July 11, 2024
For the purpose of determining membership in the system under K.S.A. 74-4902(13)  and 74-4902(14)  of the act, the term "employee" shall be construed to mean an individual who is covered by social security, who is employed by an employer in an office or position, which position or office requires a period of at least 1,000 hours per year and for which compensation is actually paid.
Kansas Administrative Regulations › Agency 80 - KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM › Article 1 - MEMBERSHIP › Section 80-1-8 - Year of service; no compensation; effect of

Current through Register Vol. 43, No. 28, July 11, 2024
For the purpose of determining membership in the system, a member will not be granted service credits for periods of holding public office, employment or position for which no "compensation," as defined in the act, was payable under statute, ordinance or regulation existing at the time he held such office, position, or employment.
Kansas Administrative Regulations › Agency 80 - KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM › Article 1 - MEMBERSHIP › Section 80-1-9 - Employer's entry date; employees affected

Current through Register Vol. 43, No. 28, July 11, 2024
For the purpose of determining the employees' membership in the system and the employer's entry date for specific employees, those court decisions and attorney general opinions that establish the employer of employees in specific positions shall apply.