Colorado § 12-100-117 - Exceptions - acts not prohibited - rules.

§ 12-100-117. Exceptions - acts not prohibited - rules.

(1) Nothing in this article 100 shall prohibit any person who is not a certified public accountant from serving as an employee of or an assistant to a certified public accountant holding an active certificate or serving as an employee or assistant of a validly registered partnership, professional corporation, or limited liability company composed of certified public accountants. The employee or assistant shall not issue any accounting or financial statement over his or her name.

(2) (a) (I) (A) A certified public accountant who is licensed or certified in good standing in another state or jurisdiction of the United States and whose principal place of business is located in another state or jurisdiction of the United States has all the same practice privileges as certificate holders in this state, and may offer or render professional services, whether in person or by mail, telephone, or electronic means, without the need to obtain a certificate pursuant to section 12-100-107 if the individual was required at the time of initial licensure or certification in another state or jurisdiction of the United States to have passed the uniform certified public accountant examination and to have obtained a baccalaureate degree conferred by an accredited college or university.

(B) A certified public accountant who is licensed or certified in good standing in another state or jurisdiction of the United States, whose principal place of business is located in another state or jurisdiction of the United States, and who, as of December 31, 2024, has practice privileges in this state under the rules adopted by the board continues to have all the same practice privileges of certificate holders in this state without the need to obtain a certificate pursuant to section 12-100-107.

(C) The conferral of the practice privileges described in this subsection (2)(a)(I) must be conducted in conformity with rules adopted by the board; except that the board shall not require a certified public accountant who is licensed or certified in good standing in another state or jurisdiction of the United States and who has practice privileges in this state pursuant to this subsection (2)(a)(I) to provide a notice, fee, or other submission as a condition of exercising practice privileges in this state.

(II) Notwithstanding the requirements of section 12-100-114, a foreign partnership, corporation, limited partnership, limited liability partnership, limited liability limited partnership, or limited liability company may engage in the practice of accountancy in this state without registering with the board if the practice is incident to the entity's regular practice outside this state, as defined by the board. The entity shall conduct the practice in conformity with rules promulgated by the board.

(b) Nothing in this article 100 shall prohibit an accountant who holds a certificate, degree, or license in a foreign country, constituting a recognized qualification for the practice of public accounting in the country, from practicing in this state on professional business incident to his or her regular practice outside this state, as defined by the board. The practice shall be conducted in conformity with rules promulgated by the board.

(c) A certified public accountant from another state or jurisdiction of the United States who is practicing in this state pursuant to this subsection (2) and the firm that employs the certified public accountant simultaneously consent, as a condition of practicing in this state:

(I) To be subject to the jurisdiction of and disciplinary authority of the board;

(II) To comply with the requirements of this subsection (2) and rules promulgated by the board pursuant to this subsection (2);

(III) That, if the certified public accountant's certificate, license, or registration issued by the state in which the certified public accountant's principal place of business is located is no longer valid, the certified public accountant will cease to offer or render professional services in this state, either individually or on behalf of a firm; and

(IV) To appoint the state board or entity that issued a certificate, license, or registration to the certified public accountant as the agent for service of process in any action or proceeding brought by the board against the certified public accountant.

(d) The board may recover its reasonable costs incurred as part of its investigative, administrative, and disciplinary proceedings against a certified public accountant from another state or jurisdiction of the United States or from a foreign country if the board:

(I) Enters a final order against the certified public accountant, finding that the certified public accountant violated a provision of this article 100, a rule adopted by the board, or an order of the board with which the certified public accountant is obligated to comply and the board has the authority to enforce; or

(II) Enters into a consent or settlement agreement in which the board finds, or the certified public accountant admits or does not contest, that he or she violated a provision of this article 100, a rule adopted by the board, or an order of the board with which the certified public accountant is obligated to comply and the board has the authority to enforce.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 810, § 1, effective October 1; (2)(a) amended, (SB 19-155), ch. 235, p. 2336, § 17, effective October 1. L. 2026: (2)(a)(I) amended, (SB 26-076), ch. 81, p. 326, § 4, effective August 12.

Editor's note: (1) This section is similar to former § 12-2-121 as it existed prior to 2019.

(2) Before its relocation in 2019, this section was amended in SB 19-155. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-155, chapter 235, Session Laws of Colorado 2019.