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<chapter num="04" heading="Firm Permits and Ownership" title_num="09" subtitle_num="24">
  <regulation prefix="Regulation" num=".01" heading="Permits.">
    <text>Except sole proprietorships, any firm in which certified public accountancy is practiced shall have a permit issued by the Board under the requirements in Business Occupations and Professions Article, Title 2, Subtitle 4, Annotated Code of Maryland.</text>
  </regulation>
  <regulation prefix="Regulation" num=".02" heading="Ownership Interest.">
    <text>A majority of the ownership interest, in terms of financial interests and voting rights, of a firm in which certified public accountancy is practiced shall be owned by individuals licensed to practice certified public accountancy in this State or another state.</text>
  </regulation>
  <regulation prefix="Regulation" num=".03" heading="Registration of the Firm.">
    <text>Any firm in which certified public accountancy is practiced shall designate and identify to the Board an individual licensed to practice certified public accountancy in this State who shall be responsible for the proper registration of the firm and communication with the Board.</text>
  </regulation>
  <regulation prefix="Regulation" num=".04" heading="Nonlicensee Owners.">
    <paragraph num="A.">
      <text>An individual not licensed to practice certified public accountancy may have an ownership interest in a firm in which certified public accountancy is practiced, if the individual is an active participant in the business of the firm or its affiliated entities.</text>
    </paragraph>
    <paragraph num="B.">
      <text>To determine whether a nonlicensee owner is an active participant in the business of the firm or its affiliated entities, the Board shall consider the:</text>
      <paragraph num="(1)">
        <text>Number of hours the nonlicensee owner devotes to firm business or the business of its affiliated entities; and</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Type of activities the nonlicensee owner performs for the firm or its affiliated entities.</text>
      </paragraph>
    </paragraph>
    <paragraph num="C.">
      <text>A nonlicensee owner may be a:</text>
      <paragraph num="(1)">
        <text>Natural person; or</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Business entity, if each ultimate beneficial owner of equity interest in that entity is a natural person actively participating in the business of the firm or its affiliated entities.</text>
      </paragraph>
    </paragraph>
    <paragraph num="D.">
      <text>A nonlicensee's ownership interest shall revert to the firm when the nonlicensee's active participation in the business of the firm or its affiliated entities ceases.</text>
    </paragraph>
    <paragraph num="E.">
      <text>The Board may deny, suspend, or revoke a permit for a firm in which certified public accountancy is practiced if a nonlicensee having interest in the firm or its affiliated entities:</text>
      <paragraph num="(1)">
        <text>Has been convicted under the laws of the United States or any state of a:</text>
        <paragraph num="(a)">
          <text>Felony; or</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Misdemeanor containing an element of fraud or misrepresentation;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(2)">
        <text>Violates any provision of Business Occupations and Professions Article, Title 2, Annotated Code of Maryland; or</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Violates any provision of COMAR 09.24.</text>
      </paragraph>
    </paragraph>
    <paragraph num="F.">
      <text>The name of an owner not licensed to practice certified public accountancy may not be included in the name of the certified public accountancy firm.</text>
    </paragraph>
  </regulation>
  <annotations>
    <annotation type="Authority">Business Occupations and Professions Article, §§2-207 and 2-401—2-403, Annotated Code of Maryland</annotation>
    <annotation type="History" subtype="Administrative History">Effective date: September 29, 2003 (30:19 Md. R. 1331)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .04 amended effective May 18, 2009 (36:10 Md. R. 716)</annotation>
  </annotations>
</chapter>