Regulation of Accountants – Wyoming

Wyo. Stat. § 33-3-109 provides that an active certificate of “certified public accountant” shall be granted by the board to any person who is a resident of Wyoming or has a place of business in Wyoming, or as an employee, is regularly employed in Wyoming; and who has attained the age of majority in Wyoming; and who has passed a written examination in accounting and auditing and other related subjects the board determines to be appropriate; and who, prior to January 1, 2012, meets the requirements of subparagraphs (A) and (B) or subparagraphs (C) and (D) of this paragraph or, on or after January 1, 2012, meets the requirements of subparagraphs (C) and (D) of this paragraph:

  • Earned a baccalaureate degree conferred by a college or university recognized by the board, with a total education program to include an accounting concentration or equivalent as determined to be appropriate by the rules and regulations of the board, or what the board determines to be substantially the equivalent of the foregoing;
  • Completed at least four (4) years of full-time experience in the practice of public accounting.  The experience shall include providing any type of service or advice involving the use of accounting skills, any auditing, review or compilation service, any management advisory or financial advisory service, or any tax or consulting service.  Experience shall be verified by an active certified public accountant or the equivalent as determined by the board, or by providing representative samples of work as determined by the board.  The experience shall be acceptable if it is gained through employment in government, industry, academia or public accounting;
  • Completed at least one hundred fifty (150) semester hours of college education including a baccalaureate or higher degree conferred by a college or university acceptable to the board, the total educational program to include an accounting concentration or equivalent as determined to be appropriate by the rules and regulations of the board;
  • Completed at least one (1) year of full-time experience in the practice of public accounting.  The experience shall include providing any type of service or advice involving the use of accounting skills, any auditing, review, or compilation service, any management advisory or financial advisory service, or any tax or consulting service.  Experience shall be verified by an active certified public accountant or the equivalent as determined by the board, or by providing representative samples of work as determined by the board.  The experience shall be acceptable if it is gained through employment in government, industry, academia or public accounting.

“The practice of certified public accounting” means holding oneself out to the public or otherwise in such a manner as to state or imply that one is:

  • Skilled in the practice of accounting and auditing;
  • Qualified to express any form of assurance on financial statements;
  • Qualified to express opinions on financial statements for credit purposes, for use in the courts or for other purposes involving third party reliance on these financial statements; or
  • Skilled in the provision of any accounting service including recording and summarizing financial transactions, analyzing and verifying financial information, reporting financial results to an employer, clients or other parties and rendering tax or management advisory services to any employer, clients or other parties.

Applications for renewal of an active certificate shall be accompanied by evidence of satisfaction of the continuing education requirements during the three years preceding the application.  Failure by an individual applicant to furnish this evidence shall constitute grounds for nonrenewal under W.S. 33-3-121, unless the board determines the failure is due to reasonable cause or excusable neglect.  The board may renew a certificate despite the failure to furnish evidence of satisfaction of the requirements of continuing education upon the condition that the applicant follow a particular future program or schedule of continuing education.

Persons holding a certificate issued under W.S. 33-3-109 or 33-3-116 but who do not practice public accounting in Wyoming and have not lost the right to active status shall place the certificate on an inactive status.  A person classified as inactive shall pay an annual inactive fee not exceeding one-half (1/2) the annual fee charged to active certificate holders.  If the fee is not paid by December 31, a late fee as set by board rule in accordance with W.S. 33-1-201, may be added to the annual fee.  A person classified as inactive may assume or use the title or designation “certified public accountant” or the abbreviation “CPA” and shall use the words “inactive” adjacent to the designation “CPA” or “certified public accountant”.

The board by regulation may allow persons to retire the certificate.  A person classified as retired shall pay a fee to be established by board rule in accordance with W.S. 33-1-201.  A person classified as retired may assume or use the title or designation “certified public accountant” or the abbreviation “CPA” and shall use the words “retired” adjacent to the designation “CPA” or “certified public accountant”.  Any individual certificate holder or individual with practice privileges who is responsible for supervising attestation services or compilation services or who signs or authorizes someone to sign the accountant’s report on the financial statements shall meet the experience or competency requirements set forth in the professional standards for such services.

The board shall issue a certificate to a holder of a substantially equivalent foreign designation provided that the foreign authority which granted the designation makes similar provision to allow a person who holds a valid certificate issued by this state to obtain the foreign authority’s comparable designation; and the foreign designation:

  • Was issued by a foreign authority that regulates the practice of certified public accountancy and the foreign designation has not expired or been revoked or suspended;
  • Entitles the holder to issue reports upon financial statements; and
  • Was issued upon the basis of educational, examination and experience requirements established by the foreign authority or by law; and

The applicant:

  • Received the designation based on educational and examination standards substantially equivalent to those in effect in this state at the time the foreign designation was granted;
  • Completed an experience requirement substantially equivalent to the requirements of subparagraph (a)(v)(D) of this section in the jurisdiction which granted the foreign designation or has completed four (4) years of professional experience in this state or meets equivalent requirements within the ten (10) years immediately preceding the application as prescribed by board rule; and
  • Passed a uniform qualifying examination in national standards acceptable to the board.

An active certificate of “certified public accountant” shall be granted by the board to any person who makes application and demonstrates eligibility under the substantial equivalency standard when the person establishes a principal place of business in this state.  Qualifications may be established through a designee as provided in board rule.  An active certificate of “certified public accountant” may be granted by the board to any person who makes application but does not meet the eligibility under the substantial equivalency standard upon a showing:

  • The applicant passed the uniform certified public accountant examination; and
  • The applicant had four years of experience of the type set forth in subparagraph (a)(v)(D) of this section within the ten years immediately preceding the application as prescribed by board rule.

Wyo. Stat. § 33-3-111 provides that a candidate who has met the education requirement specified in W.S. 33-3-109(a)(v), or who expects to meet the requirements within ninety (90) days following the examination, or with respect to whom the requirement has been waived, is eligible to take the examination when he has met the requirements of W.S. 33-3-109(a)(i) and (ii).  When any candidate is admitted to the examination on the expectation that he will complete the education requirement within ninety (90) days, no certificate shall be issued, nor shall credit for any part of the examination be given, unless the requirement is in fact completed within that time or within the time the board in its discretion may determine upon application.

Pursuant to Wyo. Stat. § 33-3-120a), permits to engage in the practice of public accounting as a certified public accountant firm in Wyoming shall be issued by the board to certified public accountant firms registered under this act if all offices of the registrant in Wyoming are maintained and registered as required under W.S. 33-3-119.  There shall be an annual permit fee to be determined by the board in accordance with W.S. 33-1-201.  All permits shall expire on the last day of December of each year and may be renewed annually for a period of one year by registrants who meet the requirements specified in subsection (a) of this section and upon payment of the annual permit fee.  If the annual permit fee is not paid by the first day of November, a late renewal fee as set by the board in accordance with W.S. 33-1-201 shall be added to the renewal fee.

Wyo. Stat. § 33-3-121 provides that after notice and hearing, the board may revoke, refuse to renew, reprimand, censure, limit the scope of practice, place on probation with or without terms, conditions or limitations, or may suspend for a period not to exceed two (2) years, any certificate issued under this act or practice privilege or may revoke, suspend, limit the scope of practice, or refuse to renew any permit issued under this act or may censure the holder of a permit for any of the following causes:

  • Fraud or deceit in obtaining a certificate as certified public accountant or in obtaining a permit under this act;
  • Dishonesty, fraud or gross negligence in the practice of public accounting;
  • Violation of any of the provisions of this act;
  • Violation of any rule promulgated by the board under the authority granted by this act;
  • Conviction of a felony under the laws of Wyoming or any other state or of the United States;
  • Conviction of any crime, an element of which is dishonesty or fraud, under the laws of Wyoming or any state or of the United States;
  • Cancellation, revocation, suspension or refusal to renew the authority to practice as a certified public accountant by any other state for any cause other than failure to pay a fee;
  • Permanent revocation of the right to practice before any state or federal agency;
  • Failure of a certificate holder to furnish evidence showing the satisfaction of the requirements of continuing education required by the board;
  • Failure of a certificate or permit holder to show compliance with W.S. 33-3-132 regarding practice monitoring programs.

Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a certificate or permit issued by the board or a practice privilege, the board shall notify the party named in the court order of the withholding, suspension or restriction of the certificate, practice privilege or permit in accordance with the terms of the court order.  No appeal under the Wyoming Administrative Procedure Act shall be allowed for a certificate, practice privilege or permit withheld, suspended or restricted under this subsection.  In lieu of or in addition to any disciplinary action specifically provided in subsection (a) of this section, the board may require a certificate, practice privilege or permit holder to complete such continuing professional education programs as the board may specify or undergo peer review as the board may specify.

Pursuant to Wyo. Stat. § 33-3-124, upon written application and after hearing and for good cause shown, the board may issue a new certificate to a certified public accountant whose certificate has been revoked or may reissue or modify the suspension of any certificate, practice privilege or permit which has been revoked or suspended.  A certificate, practice privilege or permit suspended or restricted under W.S. 33-3-121(b) may be reissued without the hearing required under this section if the department of family services provides notice that the applicant has complied with the terms of the court order that resulted in the suspension or restriction of the certificate, practice privilege or permit.

Wyo. Stat. § 33-3-129 provides that whenever any person has engaged in any acts or practices which constitute or will constitute a violation of any provision of W.S. 33-3-125 through 33-3-127, the board may make application to the appropriate court for an order enjoining such acts or practices, and upon a showing by the board that the person has engaged in any illegal acts or practices, an injunction, restraining order or other appropriate order shall be granted by such court without bond.

Wyo. Stat. § 33-3-130 provides that any person who violates any provision of W.S. 33-3-125 through 33-3-127 is guilty of a misdemeanor, and upon conviction shall be fined not more than one thousand dollars ($1,000.00) or be imprisoned not more than twelve (12) months, or both.


Inside Regulation of Accountants – Wyoming