Implementation Regulations of Real Estate Broking Management Act
Title Implementation Regulations of Real Estate Broking Management Act Announced Date 2002-03-22 Content The Announcement of Revised Article of the Republic of China on March 22, 2002
Article 1.
“Implementation Regulations of Real Estate Broking Management Act” is made in accordance with Article 39 of Real Estate Broking Management Act.
Article 2.
A broking agency shall submit the following documents to the municipal administration office in a special municipality, or a county (city) administration office according to article 5 (1) of the Act.
i. Two copies of the application form.
ii. The copies of name list of the boss, the director, the supervisor or the manager.
iii. Other documents are designated by the central administration office.
Article 3.
After investigation of the aforementioned application, the municipal or a county (city) administration office shall issue the permit to the qualified broking agency and inform the business association to transfer to national business association; inform the unqualified broking agency to rectify within fifteen days. Expired, the municipal administration office in a special municipality or a county (municipal) administration office shall withdraw the application.
Article 4.
After permitted by the administration office, a broking agency shall be registered as a company or a profit-going legal person, pay guaranty bond and enter the local business association according to article 7( 1) and (3) within six months.
Article 5.
(1)Within fifteen days of operation, a broking agency shall submit the following documents to the municipal administration office or a county (city) administration office which the company is located：.
i. Two copies of the application form.
ii. The copy of registration document of companies and commerce.
iii. The copy of certified document of guaranty bond payment.
iv. The copy of certified document of membership in the business association.
v. The copies of name list and certificate of broking agent.
vi. Other documents are designated by the central administration office.
(2)After permit, the municipal or a county (city) administration office shall inform the business association to transfer to the national business union.
Article 6.
(1)After permit, a broking agency which the following items change exclusive of article VII shall report in written form to the registration of the municipal or a county (city) administration office within thirty days of the change day.
i.The title of a boring agency, the location, the organizational type, the business type, the business items, and whether or not dealing with foreign real estate broking service or foreign real estate selling business.
ii.The boss, the director, the supervisor, and the manager.
(2)After permit, the municipal or a county (city) administration office shall inform the business association to transfer to the national business union. While a business office is out of the jurisdiction of administrative division, a broking agency shall inform to the municipal or a county (city) administration office which its business office is located.
Article 7.
(1)Within thirty days of the movement, a broking agency should report to the moving into administration office of the municipal or a county (city) in written document to investigate. The broking agency should notice to its original business association and enter the business association of moving in. The business association of moving in should report to the national business union.
(2)After investigation of the movement of broking agency, the aforementioned municipal or the county (city) administration office should inform the municipal or a county (city) administration office a broking agency moving out. While a business office is out of the jurisdiction of administrative division, a broking agency shall inform the administration office which the business office is located.
Article 8.
(1)Within thirty days of installation of business offices, a broking agency shall report the following items in written document according to the article 5(3) to the registered of the municipal or a county (city) administration office.
i. The title and location of the broking agency.
ii. The title, location, and installing date of the business office.
iii. The broker’s name, ID number and certificate number which the business office hired.
(2)The business office is an extraordinary business office according to article 4 (x). The items of the aforementioned section(ii) shall be instead of the purpose of installing business office, and the title, the location, the total amount of sale & the period of installing of selling business.
(3)After permit, the municipal or a county (city) administration office shall inform the business association and the national business union. While a business office is moving out of the jurisdiction of administrative division, a broking agency shall submit the first and aforementioned documents to inform the municipal or a county (city) administration office which the business office is located.
Article9.
(1)Within thirty days of the changed day, a broking agency which changes the registered items of the aforementioned article 8(1) (ii&iii) or article 8 ( 2) shall report the changed items in written document to the registered of the administration office of the municipal or the county (city).
(2)After permit, the municipal or a county (city) administration office shall inform the business association and the national business union. While the branch of business office is not in the jurisdiction of administrative office, the business office shall inform the municipal or a county (city) administration office which the branch is located. A broking agency, whose changed item is the movement of a business office, shall inform to the municipal or a county (city) administration office which the business office is moving out, and inform the municipal or a county (city) administration office which the business office is moving in with the aforementioned article 8(1) and (2) documents.
Article 10.
(1)Within thirty days of the dissolution of a business office, a broking agency shall report in written document to the registration of the municipal or a county (city) administration office.
(2)After permit, the administration office shall inform the business association of the broking agency to transfer to the national business union. While the dissolved business office is out of the jurisdiction, the administration office shall inform the municipal administration office in a special municipality or a county (municipal) administration office which the business office is located.
Article11.
Employing a foreigner as a real estate broker, a broking agency shall report to the administration office according to article 5 and article 8 ( 1) or ( 2) and submit the copy of the certified document of the foreigner permitting by the central administration office.
Article 12.
(1)After permit, a broking agency shall enter the business association in the near municipal administration office in a special municipality or a county (municipal) administration office before the installation of the local business association.
(2)After the installation of local business association, the aforementioned broking agency shall enter it.
Article 13.
(1)A broking agency for sale shall enter the business association in the near municipal administration office in a special municipality or a county (municipal) administration office before the installation of the local business association.
(2)After the installation of local business association, the aforementioned broking agency for sale shall enter it according to the aforementioned article.
Article 13 -1.
(1)A broking agency may request the return of the guaranty bond according to article 9( 2), the following situation are：
i. Applying for the dissolution of companies.
ii. Applying for the dissolution of commerce.
iii. After registering the changed business items, the companies and commerce is without the real estate broking agency and selling agency but the organization still remained.
Article 13 -2.
(1)A broking agency requesting a return of guaranty bond according to this Act shall submit cessation of business documents permitted by the municipal or a county (city) administration office and other documents designated by the central administration office.
(2)Applying the permit of cessation, a broking agency shall submit the certified documents of dissolution of company, the suspension of commerce or company, change of registered business items issuing by the administration office which companies registered.
(3)After permit of operation, the municipal or a county (city) administration office shall inform the business association to transfer to the national business union.
Article 13 -3.
Within thirty days of entrance the business association of a broking agency shall report the situation to the local administration office and inform the central administration office according to article X. When the suspension of rights and withdrawal from the business association happen, the same thing should be done.
Article 14
The municipal or a county (city) administration office shall make and keep the following registered books and lists permanently：
i. Registered book of real estate broking agent.
ii. Registered book of real estate broker from other county (city).
iii. The name list of real estate brokers.
iv. The name list of real estate assistant brokers.
v. Name List of Real Estate Broker.
Article 15
(1)Whoever applying for the certificate of real estate broker shall submit the following documents to the municipal or the county (city) administration office of his or her registered permanent residence：
i. The application form.
ii. The copy of ID document.
iii. The two copies of applicant’s picture which 4×2.8 centimeter in size, front view, not wearing hat within the past one year.
iv. The qualification document of investigation of real estate broker and its copy.
v. The certified document of real estate assistant broker with one-year experience and its copy.
(2)After investigation of the application, the municipal or a county (city) administration office shall issue the certificate of real estate broker and return the aforementioned original to the qualified broker; inform the unqualified broker to rectify within fifteen days. Expired, the administration office shall withdraw the application and return the aforementioned documents.
Article 16.
Foreigners applying for the certificates of real estate brokers shall submit the certified documents permitting by the central administration office according to article 38 (2) and the documents of the article 15 (1) to the municipal or the county (city) administration office.
Article 17.
(1)Applying for new certificate according to article XV section1, a broker shall submit the following documents to original institution within six months of the expired certificate：
i. Application form.
ii. The certified documents of thirty-hours professional training course.
iii. The original certificate of broker.
(2)After investigation of the application, the municipal or the county (city) administration office shall issue the certificate to the qualified broker; inform the unqualified broker to rectify within fifteen days. Expired, the administration office shall withdraw the application and return the ii and iii documents.
(3)The new certificate is valid for four year from the next day of expired day of original certificate.
(4)The new certificate shall be indicted to prolong valid date of the original certificate.
Article 18.
A broker who may not apply a new certificate according to the regulations, or be withdrawn the application, and whose original certificate is expired would be cancelled the certificate by the original issued institution that shall announce in public and inform the broker, the municipal or the county (city) administration office which his or her broking agency is located , the business association and the national business union.
Article 19.
(1)After the cancellation of the certificate of real estate broker according to the aforementioned article, a broker shall submit the documents of article 15( 1) (i to iv)and the certified documents and the copy of thirty-hours professional training course with past four years to original issued institution for new certificate.
(2)The municipal or the county (city) administration office shall conduct the application according to article 15 (2).
Article 20
(1)A broker whose certificate is damaged or vanished shall narrate the reason and submit the documents of article 15(1)(i to iv) to the original issued institution for new certificate.
(2)The municipal or the county (city) administration office shall conduct the application according to article 15( 2).
Article 21.
(1)A broking agency shall display the following documents in an obvious place in the business office according to the articles 18 and 20.
i. The permit document of broking agency.
ii. The certified document of membership of business association.
iii. The certificates of real estate brokers.
iv. The broker's fees and the paying process .
(2)The aforementioned (i)(ii)(iii) documents could be displayed the copies.
(3)A broking agency for sale is excluded the aforementioned (vi) document.
Article 22.
If the broking agency is franchise system, they shall indicate Franchise store or Franchise system on the advertisements, signboard, and business card.
Article 23.
A broking agent shall give the receipt after receiving the related documents from clients or the counterpart with whom the client deals.
Article 24.
The sale and purchase, trade, lease or representative in the sale of real estate which are not dealt with broking or the sale of real estate by a broking agency are not suitable to the article 22(1)
Article 25.
At work, a broking agency shall record the situation of operating business. The administration office may investigate or take the related records or documents of the operating business, and ask the local broking agency and the broking agency in other counties (cities) to install the business offices within the time limit. The broking agency shall submit the documents of article 5 (ii to v) or other related documents of operating business and the instruction. The broking agency shall not evade, refuse or obstruct.
Article 25–1
The penalties of article 29 are executed by the municipal or the county (city) administration office which a broking agency is located. The locations of operating business office of broking agency , broking agency, and a operating business place are not the same jurisdiction as broking agency, however have one of the situations of article 29( 1) (i, ii) and section 2, the municipal or the county (city) administration office which a broking agency is located executed through the investigation.
Article 26.
(1) The penalties for article 14( 3) and article 31( 2) are executed by the local administration office which the broking agent receives the certificate of real estate broker or real estate assistant broker.
(2) Conducting according to the aforementioned regulation, the administration office shall announce and inform the litigant, his or her broking agency and the business association. Nullifying or abolishing the certificate of real estate broker, the administration office shall inform the original institution or group issuing the certificate.
Article 27.
A broker agent violating the one of sections specified in Article 31(1) shall be referred to the municipal or the county (city) administration office for reprimand. The result of penalty shall be informed to litigant, and mail to original local administration office issuing the certificate of real estate broker or the certificate of real estate assistant broker for registration.
Article 28.
A broker agent whose certificate of real estate broker or the certified document of real estate assistant broker is nullified or abolished according to article 14( 3) shall apply new certificate or certified document.
Article 28-1.
The penalty for article 32(1) may be carried out by the following situations：
i. The municipal or the county (city) administration office which companies and commerce are located shall execute the penalty for the companies and commerce, and the boss. While the location of operating the business and the registration of companies and commerce are not in the same jurisdiction of administrative division, after investigation by the local administration office of operating the business , the penalty shall execute by the registered administration office of companies and commerce.
ii. The municipal or the county (city) administration office of registered permanent residence of the doer executes the penalty on the doer. While the location of real estate broking or selling and the location of registered permanent residence of the doer are not the same jurisdiction of administrative division, after the municipal or the county (city) administration office of real estate broking or selling shall investigate, the penalty shall execute by registered administration office of the doer.
Article 29.
The central administration office shall make the form of books, table, registered book & list of this Implementation Regulations.
Article 30. (cancellation)
Article 31.
This Implementation Regulations shall be effective from the date of its promulgation.
