Ala. Admin. Code r. 30-X-3-.05

Current through Register Vol. 43, No. 02, November 27, 2024

Section 30-X-3-.05 - [Effective 1/11/2025] Firm Registration And Branch Offices

(1) Each firm and office for which registration is required pursuant to the Act shall register with the Board within 30 days after it is opened, and annually thereafter, on a form prescribed by the Board. Each firm shall submit reports to the Board with the registration form as provided in Rule 30-X-8-.03. Each firm must pay an annual firm permit fee as provided for in these rules however, no fee is required for the registration of the offices.

(2) Each office shall be under the direct supervision of a resident manager who must be registered with this Board and the holder of a valid annual permit. In the case of an individual or firm practicing as a CPA or CPAs, the resident manager must also be the holder of a CPA certificate issued by this State. Such resident manager may serve in such capacity in only one office in this State, which office shall be his principal place of employment and which he manages on a continuous, full-time basis. Notice shall be given to the Board, within 30 days, of any change in the position of resident manager.

(3) A firm registered pursuant to the Act shall file with the Board a written notification of any of the following events concerning the practice of public accountancy within this State within thirty (30 days after its occurrence:

(a) Change of firm address;

(b) Formation of a new firm;

(c) Addition of a partner, member, manager or shareholder;

(d) Retirement, withdrawal or death of a partner, member, manager or shareholder;

(e) Any change in the name of the firm;

(f) Termination of the firm;

(g) Change in the resident manager of any branch office in this State;

(h) Establishment of a new branch office or the closing or change of address of a branch office in this State; and

(i) The occurrence of any event or events which would cause such firm not to be in conformity with the provisions of the Act or these Rules.

(4) In the event of any change in legal form of a firm, such new or successor firm shall within thirty (30) days of the change file an application for an initial firm permit in accordance with these rules and pay the permit fee required by these Rules.

(5) Each advertisement or written promotional statement that refers to a CPA's designation and his association with an unlicensed entity, if the use of the title tends to indicate that the firm is composed of certified public accountants, must include the disclaimer "This is not a CPA firm." The disclaimer must be in conspicuous proximity to the name of the unlicensed entity and be printed in type not less bold than that contained in the body of the advertisement or written statement. If the advertisement is in audio format only, the disclaimer shall be clearly declared at the conclusion of each such presentation.

(a) The requirements of subsection (5) of this section do not apply with regards to a person performing services:

1. As a licensed attorney at law of this state while in the practice of law or as an employee of a licensed attorney when acting within the scope of the attorney's practice of law; or

2. As an employee, officer or director of a federally insured depository institution, when lawfully acting within the scope of the legally permitted activities of the institution's trust department; or

3. pursuant to a practice privilege.

Ala. Admin. Code r. 30-X-3-.05

Filed September 3, 1982. Amended: Filed July 9, 1987. Amended: Filed May 18, 2004; effective June 22, 2004.

Amended by Alabama Administrative Monthly Volume XLIII, Issue No. 02, November 27, 2024, eff. 1/11/2025.

Author: Alabama Board of Public Accountancy

Statutory Authority:Code of Ala. 1975, § 34-1-1, et seq.