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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsSeptember 2014

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24 DE Admin. Code 100
Pursuant to 24 Del.C. §105(a)(1), the Delaware Board of Accountancy has proposed revisions to its rules and regulations. The rules pertaining to firm ownership are amended to clarify that all non-licensee owners of firms must be individuals and must be active participants in the firm.
1.1 Pursuant to 24 Del.C. Ch. 1, the Delaware Board of Accountancy (“the Board”) is authorized to, and has adopted, these Rules and Regulations. The Rules and Regulations are applicable to all certified public accountants, public accountants, permit holders and applicants to the Board.
1.7 Board members are subject to the provisions applying to “honorary state officials” in the “State Employees’, Officers’ and Officials’ Code of Conduct,” found at 29 Del.C. Ch. 58. No member of the Board shall: (1) serve as a peer reviewer in a peer review of a licensee; or (2) be an instructor in an examination preparation course or school or have a financial interest in such an endeavor.
4.1.5 Evidence in a form satisfactory to the Board that the applicant meets the experience requirements provided in 24 Del.C. §107(a)(5) and Rule 5.0 of these Rules and Regulations, as applicable.
5.1 The experience required for issuance of an initial permit pursuant to 24 Del.C. §107(a)(5) shall meet the requirements set forth in this Rule.
7.1 Any person holding a valid Delaware certificate issued on or before June 30, 1985 remains a certificate holder. Even if a prior permit to practice has lapsed, he or she is deemed by statute (24 Del.C. §122(c)) to have achieved sufficient education and experience and may obtain a permit to practice by applying to the Board.
7.2 Any person issued a certificate after July 1, 1985 and those applicants who meet the requirements of 24 Del.C. §122(d) on or before January 1, 2006 will remain certificate holders. He or she may obtain a permit to practice by meeting the experience requirements as established in the Delaware Accountancy statute and Rules and Regulations.
9.2 The provisions of Rule 5.1 shall also apply to the experience required by 24 Del.C. §109(a)(3) for the granting of a permit by reciprocity.
10.4 Each applicant for issuance or renewal of a firm permit to practice certified public accountancy for a firm with an office or offices in this State shall be required to show that: 1) each principal who performs services in this State, who performs services for a client(s) located in this State, or who is responsible for the accounting work in this State, holds a valid Delaware individual permit to practice certified public accountancy; and 2) each employee holding a certificate who performs services in this State or who performs services for a client(s) located in this State, except for employees who have not as yet accumulated sufficient experience to qualify for a permit under 24 Del.C. §107, holds a valid Delaware individual permit to practice certified public accountancy. For purposes of 24 Del.C. §111 and this Rule, employees of a firm with its principal offices outside of Delaware that work in excess of eighty (80) hours in this State or who work for a client(s) in this State must have an individual permit to practice. and 3) a simple majority of the ownership of the firm, in terms of financial interests and voting rights of all partners, officers, shareholders, members or managers, belongs to holders of a permit who are licensed in some state, and such partners, officers, shareholders, members or managers, whose principal place of business is in this state, and who perform services in this state hold a valid permit under 24 Del.C. §107. Firms may include non-licensee owners provided that all non-licensee owners are individuals of good moral character and are active individual participants in the firm.
10.9 All firms and accountants practicing in firms shall be bound by professional responsibility standards no less stringent than those stated in 8 Del.C. §608. Each applicant for issuance or renewal of a firm permit to practice certified public accountancy or public accountancy shall be required to cause a duly authorized individual to verify under oath that upon issuance by the Board of a firm permit to practice, the firm will be bound by professional standards no less stringent than those stated in 8 Del.C. §608.
12.1 All examinations required under 24 Del.C. Ch. 1 and these Rules and Regulations shall be graded by the applicable grading service of the organization offering the examination.
13.1 Excepted Practices: The offering or rendering of data processing services by mechanical or electronic means is not prohibited by 24 Del.C. §120. However, the exception applies only to the processing of accounting data as furnished by the client and does not include the classification or verification of such accounting data or the analysis of the resulting financial statement by other than mechanical or electronic equipment not prohibited by this Rule. The rendering of advice or assistance in regard to accounting controls, systems and procedures is exempt only as it pertains to the specific equipment or data processing service being offered. The exemption does not cover study and/or advice regarding accounting controls, systems and procedures in general. Persons, partnerships or corporations offering or performing data processing services or services connected with mechanical or electronic equipment are subject to all provisions of 24 Del.C. Ch. 1.
13.2 Working Papers: For purposes of 24 Del.C. §120, the term “working papers” does not properly include client records. In some instances, a permit holder’s working papers may include data which should be part of the client’s books and records, rendering the client’s books and records incomplete. In such instances, that portion of the working papers containing such data constitutes part of the client’s records and should be made available to the client upon request.
14.1.4 If a hearing is requested by the Deputy Attorney General, the notice of hearing shall fully comply with 29 Del.C. §§10122 and 10131 pertaining to the requirements of the notice of proceedings. All notices shall be sent to the respondent’s address as reflected in the Board’s records.
14.1.6 If the respondent fails to appear at a disciplinary hearing after receiving the notice required by 29 Del.C. §§10122 and 10131, the Board may proceed to hear and determine the validity of the charges against the respondent.
16.1.9 Terroristic threatening; felony. 11 Del.C. §621(a) and (b).
16.1.40 Theft. 11 Del.C. §841.
16.1.45 Extortion. 11 Del.C. §846.
16.1.48 Identity theft. 11 Del.C. §854.
16.1.49 Forgery. 11 Del.C. §861.
16.1.68 Debt adjusting. 11 Del.C. §910.
16.1.95 Profiteering. 11 Del.C. §1212.
16.1.114 Stalking; felony. 11 Del.C. §1312A.
16.1.117 Adulteration. 11 Del.C. §1339.
16.1.133 Drug paraphernalia; felony. 16 Del.C. §4771 (b) and (c) [manufacture and sale, delivery to a minor].
Last Updated: December 31 1969 19:00:00.
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