288 Neb. Admin. Code, ch. 3, § 001
As used herein, unless the context otherwise requires:
"Act" shall mean the Public Accountancy Act, Chapter 1, Article 1, Reissue Revised Statutes, Nebraska.
"AICPA" shall mean the American Institute of Certified Public Accountants.
"Attest," means providing the following services:
The standards specified in this definition shall be adopted by reference by the national accountancy organizations, such as the AICPA, and the PCAOB.
"Board" means the Nebraska Board of Public Accountancy established under Section 1-107 of the Act.
"Certificate" means the certificate of "certified public accountant" issued pursuant to Section 1-114 of the Act or corresponding provisions of prior law, or a corresponding certificate issued under the law of any other state, which signifies having met the educational requirements, the successful completion of the Uniform CPA Examination, and an examination in professional ethics.
"Client" shall mean any person or entity who retains a permit holder for the performance of professional services.
"Compilation" shall mean providing a service to be performed in accordance effect on October 15, 2015.
"Financial statements" shall mean presentation of financial data, including accompanying notes, derived from accounting records and intended to communicate an entity's economic resources or obligations at a point in time or the changes therein for a period of time in accordance with a comprehensive basis of accounting. Financial statements include, but are not limited to, balance sheets, statements of income, statements of retained earnings, statements of cash flows, statements of changes in owner's equity, statements of assets and liabilities that do not include owners' equity accounts, statements of revenue and expenses, statements of cash receipts and disbursements, summary of operations and statements of operations by product lines. Financial statements may be prepared on either a historical or prospective basis. For purposes hereof, incidental financial data included in management advisory services reports to support recommendations to a client, and tax returns and supporting schedules do not constitute financial statements. The statement, affidavit, or signature of preparers required on tax returns neither constitutes an opinion on financial statements nor requires a disclaimer of such opinion.
"Firm" shall mean a, partnership, limited liability company, or corporation engaged in the practice of public accountancy in this state entitled to register with the board or a proprietorship engaged in the practice of public accountancy in this state.
"He," "his," and "him" mean, where applicable, the corresponding feminine and neutral pronouns also.
"Holding out to the public as a permit holder" As that term is used in these rules and in the definition of the practice of public accountancy, it means any representation that a person holds a permit to practice made in connection with an offer to perform or the performance of services to the public. Any such representation is presumed to invite the public to rely upon the professional skills implied by the permit in connection with services offered to be performed. For purposes of this definition and these rules, a representation shall be deemed to include any oral, electronic, or written communication conveying that a licensee holds a permit, including the use of titles or legends displayed in letterheads, business cards, office doors, advertisements, websites or other electronic means, and all other listings. Holding out to the public does not include:
"Home office" is the location specified by the client as the address where the attestation service is directed.
"In good standing" shall mean that a certificate holder possesses a certificate which is considered by the appropriate licensing agency to be current in payment of fees and unrevoked at the time of application for a license or at the time of renewal.
"Interpretations of the Rules of Professional Conduct" shall mean pronouncements issued by the Board to provide guidelines as to the scope and application of the Rules of Professional Conduct.
"Issuer" shall mean individuals, partnerships, professional corporations, Limited Liability Companies, or other such entities.
"Licensee" shall mean the holder of a CPA certificate, active permit, or inactive registration issued by the Board.
"Office" shall mean each place of business of a practice unit which constitutes a separate geographical location where the practice unit engages in the practice of public accountancy.
"Permit holder" or "holder of a permit" shall mean any person or firm holding a permit to practice public accountancy as a certified public accountant in the State of Nebraska.
"Permit to practice" means the license issued under the Sections of the Public Accountancy Act, to either a person or a firm.
"Practice of public accountancy" shall mean the performance or offering to perform by a person holding himself out to the public as a permit holder, for a client or potential client, of one or more kinds of services involving:
"Practice privilege" shall mean privilege of a certified public accountant licensed in another state to practice public accountancy or hold out as a certified public accountant in Nebraska in accordance with Section 1-125.01 of the Act.
"Practice unit" shall mean all Certified Public Accountants practicing public accountancy in Nebraska as a partnership, limited liability company, or corporation engaged in the practice of public accountancy in this state entitled to register with the board or a proprietorship engaged in the practice of public accountancy in this state and in whose name financial reports are issued. Certified Public Accountants not in full-time public practice, but who provide accounting services to the public on a part-time basis, are included in this definition.
"Principal place of business" means the office location designated by the practice privilege CPA licensee as his primary location for the practice of public accountancy.
"Professional services" means any services performed or offered to be performed by a permit-holder for a client in the course of the practice of public accountancy.
"Report" when used with reference to any attest or compilation service, means an opinion, report, or other form of language that states or implies assurance as to the reliability of the attested information or compiled financial statements and that also includes or is accompanied by any statement or implication that the person or firm issuing it has special knowledge or competence in accounting or auditing. Such a statement or implication of special knowledge or competence may arise firm is an accountant or auditor, or from the language of the report itself. The term "report" includes any form of language which disclaims an opinion when such form of language is conventionally understood to imply any positive assurance as to the reliability of the attested information or compiled financial statements referred to and/or special competence on the part of the person or firm issuing such language; and it includes any other form of language that is conventionally understood to imply such assurance and/or such special knowledge or competence.
"State" means any state, territory or insular possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia; except that "this State" means the State of Nebraska.
288 Neb. Admin. Code, ch. 3, § 001