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As used in this chapter:
(A) "Practice of public accounting" means
performing or offering to perform any engagement that will
result in the issuance of an attest report and, with respect
to a person who holds a CPA certificate, PA registration, foreign
certificate, or firm registration, any other services involving
the use of accounting or auditing skills as established by
rules adopted by the accountancy board.
(B) "Public accounting firm" means
a sole proprietorship, a partnership, a limited liability company,
a professional organization, a corporation-for-profit, or any
other business organization that is engaged in the practice
of public accounting in this state.
(C) "Opinion report" means any opinion
on a financial statement that is expressed in accordance with
generally accepted auditing standards as to the fairness of
presentation of information and that is used for guidance in
financial transactions, for accounting, or for assessing the
status or performance of commercial and noncommercial enterprises,
whether public, private, or governmental.
(D) "Peer review" means a study,
appraisal, or review of one or more aspects of the professional
work of a public accounting firm that meets the standards and
requirements set forth by the accountancy board.
(E) "Review report" means either
of the following:
(1) Any review report on a financial statement that is issued
with respect to any of the following:
(a) Interim financial information in accordance with generally
accepted auditing standards;
(b) The financial information of a nonpublic entity in accordance
with statements on standards for accounting and review services;
(c) The reliability of another party's written assertion in
accordance with statements on standards for attestation engagements.
(2) Any other review report on a financial statement that
is not described in division (E)(1) of this section and that
is issued in accordance with standards promulgated by the American Institute of Certified Public Accountants.
(F) "Compilation report" means any
compilation report on a financial statement that is issued
with respect to financial information of a nonpublic entity
in accordance with statements on standards for accounting and
review services as promulgated by the American
Institute of Certified Public Accountants.
(G) "Examination report" means any
examination report on a financial statement that is issued
with respect to another party's written assertion in accordance
with statements on standards for attestation engagements as
promulgated by the American
Institute of Certified Public Accountants.
(H) "Agreed-upon-procedures report" means
any report that is on a financial statement and that is based
upon agreed-upon-procedures issued with respect to another
party's written assertion in accordance with statements on
standards for attestation engagements as promulgated by the American
Institute of Certified Public Accountants.
(I) "Qualified firm" means a sole
proprietorship, partnership, professional association, corporation-for-profit,
limited liability company, or other business organization in
which the individuals who own a majority of the business organization
interests in the business organization and control the business
organization hold an Ohio permit or a foreign certificate.
(J) "Own" means any direct or indirect
ownership of an equity interest in a public accounting firm
or qualified firm.
(K) "Control" or "controlled" means
the right to exercise the majority of the voting equity interests
in a public accounting firm or qualified firm with respect
to any matter.
(L) "Equity interest" means any
capital interest or profit interest in a sole proprietorship,
partnership, professional association, corporation-for-profit,
limited liability company, or other business organization.
(M) "Ohio permit" means a permit
to practice public accounting issued under division
(A) of section 4701.10 of the Revised Code that is not
revoked or suspended.
(N) "Ohio registration" means the
registration under division (B) of
section 4701.10 of the Revised Code of a holder of a CPA
certificate or PA registration who is not in the practice of
public accounting in this state.
(O) "Firm registration" or "registered
firm" means registration as a public accounting firm under
section 4701.04 of the Revised Code.
(P) "PA registration" means registration
as a public accountant under section 4701.07 of
the Revised Code that is not revoked or suspended.
(Q) "CPA certificate" means a certificate
issued under section 4701.06 or 4701.061 of the Revised Code that is not revoked
or suspended.
(R) "Foreign certificate" means
a certificate of a certified public accountant issued under
the laws of another state.
(S) "Attest report" means an opinion
report, review report, compilation report, examination report,
agreed-upon procedures report, or any similar report prepared
in accordance with standards established by the American
Institute of Certified Public Accountants with respect
to a financial statement or other financial information.
(T) "Person" means any individual,
corporation-for-profit, business trust, estate, partnership,
limited liability company, professional association, or other
business organization.
(U) Technical terms that define specific public
accounting engagements have the same meanings as in the professional
standards promulgated by the American
Institute of Certified Public Accountants.
(V)(1) "Good moral character" means
the combination of personal traits of honesty, integrity, attention
to duty, forthrightness, and self-restraint that enables a
person to discharge the duties of the accounting profession
fully and faithfully.
(2) A history of dishonest acts or felonious acts or convictions
is sufficient to prove lack of good moral character if that
history demonstrates by a preponderance of the evidence that
the person lacks one or more of the personal traits referred
to in division (V)(1) of this section. A person who has a felony
conviction related to one or more of these personal traits
bears the burden of establishing the person's present good
moral character, including the person's full and complete rehabilitation
subsequent to the conviction. If less than one year has passed
since the completion of the person's sentence on a felony conviction,
including any period under a community control sanction or
post-release control, the board may delay any determination
of the person's good moral character until one year has passed
from the time of the completion of that sentence.
(3) In determining whether a person who has a felony conviction
has met the person's burden of proof described in division
(V)(2) of this section, the accountancy board may consider
the following factors:
(a) The person's path toward professional licensing following
completion of the person's sentence;
(b) The nature and degree of the person's academic achievements;
(c) The nature and degree of the person's employment following
completion of the person's sentence;
(d) The person's degree of self-sufficiency following completion
of the person's sentence;
(e) The nature and degree of the person's other responsibilities
following completion of the person's sentence;
(f) The person's conviction for any other criminal offense
since completion of the person's sentence for the person's
first felony conviction;
(g) Whether the person's application or presentation contains
any inconsistencies or misleading explanations that convince
the board that either the person or the person's attorney is
trying to keep the board from acquiring a true, though damaging,
representation of the person's character;
(h) The nature and circumstances of the dishonest acts or
felonious acts or convictions of the person;
(i) Any other specifically identifiable information that the
board determines to be relevant to the person's ability to
discharge the duties of the accounting profession fully and
faithfully.
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