South Dakota Codified Laws
Chapter 20B - Public Accountants
Section 36-20B-54 - Certain services restricted to licensees and individuals granted practice privileges--Exceptions--Standards.

36-20B-54. Certain services restricted to licensees and individuals granted practice privileges--Exceptions--Standards.
No person other than a licensee or an individual granted practice privileges under the provisions of §36-20B-66 or 36-20B-67 may issue a report on financial statements of any person, firm, organization, or governmental unit or offer to render or render any attest or compilation service. This restriction does not prohibit any act of a public official or public employee in the performance of that person's duties as such, or prohibit the performance by any nonlicensee of other services involving the use of accounting skills, including the preparation of tax returns, management advisory services, and the preparation of financial statements without the issuance of reports thereon. A nonlicensee may prepare financial statements and issue nonattest transmittals or information thereon which do not purport to be in compliance with the Statements on Standards for Accounting and Review Services (SSARS).
A licensee and an individual granted practice privileges under the provisions of §36-20B-66 or 36-20B-67 performing attest or compilation services shall provide those services in accordance with professional standards.

Source: SL 2002, ch 179, §55; SL 2009, ch 185, §19.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 36 - Professions and Occupations

Chapter 20B - Public Accountants

Section 36-20B-1 - Definitions.

Section 36-20B-2 - Attest defined--Statements on standards to be adopted.

Section 36-20B-3 - Report defined.

Section 36-20B-4 - South Dakota Board of Accountancy--Members--Auditor General as ex officio member--Terms--Vacancies--Removal.

Section 36-20B-5 - Officers elected annually--Quorum--Meetings--Registry of licenses--Records certified by board admissible in evidence.

Section 36-20B-6 - Board within Department of Labor and Regulation--Reports to secretary.

Section 36-20B-7 - Moneys paid to state treasurer--Credit to Board of Accountancy fund--Appropriation and expenditure of funds.

Section 36-20B-8 - Compensation and expenses of board members.

Section 36-20B-9 - Employment of personnel--Appointment of committees--Legal counsel.

Section 36-20B-10 - Authority of South Dakota Board of Accountancy.

Section 36-20B-11 - Immunity from liability of board members and agents.

Section 36-20B-12 - Promulgation of rules.

Section 36-20B-13 - Certification as certified public accountant--Fees.

Section 36-20B-14 - Good moral character defined.

Section 36-20B-15 - Education requirements.

Section 36-20B-16 - Applicant to pass examination on rules of ethics.

Section 36-20B-17 - Fee for examination.

Section 36-20B-18 - Examination--Subjects--Time, application and grading method to be determined by board--Contracts for administrative services.

Section 36-20B-19 - Successful completion of examination--Reexamination.

Section 36-20B-20 - Reciprocity of examination credits--Waiver of examination requirements.

Section 36-20B-21 - One year's experience required for initial issuance of certificate--Certificate issued prior to July 1, 2002.

Section 36-20B-22 - Eligibility to apply for a certificate.

Section 36-20B-23 - Issuance and renewal of certificate--Expiration--Application--Provisional certificates.

Section 36-20B-24 - Relinquishment of certificate or registration following suspension or revocation.

Section 36-20B-25 - Issuance of certificate without reciprocity--Requirements.

Section 36-20B-26 - Issuance of certificate to applicant licensed by another state--Qualifications substantially equivalent.

Section 36-20B-27 - Renewal of certificate--Continuing education requirement--Exception.

Section 36-20B-28 - Fee for issuance or renewal of certificate.

Section 36-20B-29 - Information to be provided concerning status of certificate or permit in another state--Personal and criminal information.

Section 36-20B-30 - Certificate issued to holder of substantially equivalent foreign designation--Conditions.

Section 36-20B-31 - Peer review of certificate holder performing compilation services.

Section 36-20B-32 - Firm permits--Duration--Provisional permits.

Section 36-20B-32.1 - Firms required to hold permit.

Section 36-20B-32.2 - Out-of-state firms performing services for in-state clients.

Section 36-20B-32.3 - Out-of-state firms performing other in-state services.

Section 36-20B-33 - Compliance with certain standards required.

Section 36-20B-34 - Information to be provided concerning status of permit in another state.

Section 36-20B-35 - Notice to be given of certain changes--Failure to comply.

Section 36-20B-36 - Peer review as condition of renewal of firm permit--Confidentiality.

Section 36-20B-37 - Fee for application or renewal of permit.

Section 36-20B-38 - Holders of permits and licenses issued under prior law--Renewal.

Section 36-20B-39 - Secretary of state as agent for service of process on nonresident applicants.

Section 36-20B-40 - Disciplinary action--Remedies available to board--Grounds.

Section 36-20B-41 - Investigations--Probable cause determination--Subpoena power of board.

Section 36-20B-42 - Investigating officer--Confidentiality of information.

Section 36-20B-43 - Findings of investigation--Effect.

Section 36-20B-44 - Random review of licensee's work.

Section 36-20B-45 - Issuance of complaint--Administrative hearing--Service of complaint and notice of hearing.

Section 36-20B-46 - Respondent to have access to investigatory report and evidence.

Section 36-20B-47 - Appearance at hearing--Examination and presentation of witnesses and evidence--Subpoenas.

Section 36-20B-48 - Presentation of evidence supporting complaint--Certain board members disqualified from decision-making--Board counsel--Record--Recorded vote of majority required to impose penalty.

Section 36-20B-49 - Failure to appear at hearing--Order--Setting aside order upon showing of good cause.

Section 36-20B-50 - Judicial review of board order.

Section 36-20B-51 - Notice to other states of disciplinary action--Information furnished to authorities--Exception when petition for review filed.

Section 36-20B-52 - Modification of prior disciplinary action--Reissuance of certificate, license, or permit--Procedure.

Section 36-20B-53 - Continuing professional education or peer review as condition for reissuance of certificate, license or permit.

Section 36-20B-54 - Certain services restricted to licensees and individuals granted practice privileges--Exceptions--Standards.

Section 36-20B-55 - Certified public accountant--Restrictions on use of title and designations.

Section 36-20B-56 - Public accountant--Restrictions on use of title and designations.

Section 36-20B-57 - Certified, chartered, enrolled, licensed, registered, or accredited accountant--Restrictions on use of title and designation--Restrictions on use of certain language.

Section 36-20B-58 - Accountant or auditor--Restrictions on use of title, designation, and language--Exceptions--Violation as misdemeanor.

Section 36-20B-59 - Chapter not applicable to certain persons holding foreign certifications or designations.

Section 36-20B-60 - Attest services to be performed through business holding valid permit.

Section 36-20B-61 - Compilation report to be issued through business holding valid permit--Exceptions.

Section 36-20B-62 - Attorney's records, documents customarily prepared in law practice not affected.

Section 36-20B-63 - Board may seek injunction.

Section 36-20B-64 - Board may institute criminal proceedings--Violation of chapter as misdemeanor.

Section 36-20B-65 - Commission of single prohibited act justifies penalty.

Section 36-20B-66 - CPA licensed in state with substantially equivalent requirements--Privileges.

Section 36-20B-67 - CPA with equivalent qualifications licensed in state not verified to have substantially equivalent requirements--Privileges.

Section 36-20B-68 - Licensee of another state who exercises practice privilege and employer consent to board's jurisdiction--Agent for service of process.

Section 36-20B-69 - Liability of licensee for act committed in another state.

Section 36-20B-70 - Firm permit required for CPA licensed in another state to exercise practice privileges.