Delaware General Assembly


CHAPTER 167

RELATING TO STATE BOARD OF ACCOUNTANCY

AN ACT TO AMEND TITLE 24, DELAWARE CODE, ENTITLED "PROFESSIONS AND OCCUPATIONS" IN RESPECT TO THE APPOINTMENT, QUALIFICATIONS AND TERMS OF OFFICE OF THE BOARD OF ACCOUNTANCY; REQUIREMENTS FOR OBTAINING CERTIFICATE; AND IN RESPECT TO THE RULES AND REGULATIONS OF THE STATE BOARD OF ACCOUNTANCY.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. § 101, Title 24, Delaware Code, is amended to read as follows:

§ 101. Board of Accountancy; appointment; qualifications; terms of office

The State Board of Accountancy heretofore established and hereafter in this chapter referred to as the "Board" is continued and shall consist of five members who shall be appointed by the Governor. Four members of the Board shall be certified public accountants and the fifth member a practicing attorney at law in this State. Harry E. Deppert shall serve until the expiration of his three-year term on the 12th day of July, 1955. Thereafter, his successor shall be appointed to serve until June 30, 1956. Charles I. Belfint shall serve until the expiration of his three-year term on the 10th day of April, 1956. Thereafter, his successor shall be appointed to serve until June 30, 1957. T. Crawley Davis shall serve until the expiration of his three-year term on the 10th day of April, 1956. Thereafter, his successor shall be appointed to serve until June 30, 1958. Harold Leshem shall serve until the expiration of his three-year term on the 12th day of July, 1956. Thereafter, his successor shall be appointed to serve until June 30, 1959. Desmond A. Lyons shall serve until the expiration of his three-year term on the 22nd day of January, 1957. Thereafter, his successor shall be appointed to serve until June 30, 1960. Except as specifically

provided in this paragraph all appointments to the Board shall be for a period of three years and until their successors are appointed and qualified, and any appointment made to fill a vacancy arising during a term shall be for the unexpired portion of the three-year term.

Section 2. § 104, Title 24, Delaware Code, is amended to read as follows:

§ 104. Certificate; requirements for obtaining

(a) The certificate of certified public accountant shall be granted by the Board to any person who :

(1) is a citizen of the United States; and

(2) is and has been a resident of the State for at least 12 consecutive months preceding the date of his application for examination; or for 12 consecutive months preceding the date of such application has maintained an office in the State from which he regularly and continuously engaged in the practice of public accountancy either as principal or as a member of a co-partnership, or has been in the employ of a person or co-partnership having an office and engaged in the practice of public accountancy in Delaware, and personally devoted and expects to continue to devote not less than 50 per cent of normal working time to such public accountancy practice; and

(3) has attained the age of twenty-one years; and

(4) is of good moral character; and

(5) is a graduate of a four-year high school course or an equivalent course in any other school or institution of learning; and

(6) except as otherwise provided in section 107 of this chapter, has successfully passed an examination in theory of accounts, practical accounting, auditing and commercial law, and in such other subjects as the Board may from time to time deem advisable.

(b) In the case of an application filed after December 31, 1956 by an applicant who has not theretofore sat for examination such applicant must meet one of the two following requirements in addition to the above:

(1) be a graduate of a college or other institution of learning recognized by the Board, and have completed not less than thirty semester hours in the study of accounting, auditing, commercial law, economics and finance, of which at least twenty semester hours shall be in the study of accounting; or

(2) have not less than twenty-four months experience in the practice of public accountancy either as principal or as a member of a co-partnership or in the employ of a person or co-partnership engaged in the practice of public accountancy.

(c) The Board may require an applicant to appear in person before the Board in connection with his application for a certificate as certified public accountant.

Section 3. § 106, Title 24, Delaware Code, is amended to read as follows:

§ 106. Rules and regulations

The Board may make all needful rules and regulations regarding the character and scope of examinations for determining the qualifications of all applicants, including the form, content and time of filing applications for examinations, and all other rules and regulations as may be necessary to carry out the purpose of this chapter and the maintenance of a high standard of integrity, experience, education and proficiency among the holders of certificates as certified public accountants.

Approved May 31, 1955.