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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 11:51
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Chapter Law Content

Chapter 2. Brokerage Agency
Article 5
After being issued a permit by the competent authority, a real estate brokerage agency shall be registered as a company or a profit-going legal person according to law. The broking agency dealing with the brokering or sales agency services of foreign property shall be registered as a company according to law.
The items and necessary documents for the application of permit in the preceding paragraph are determined by the competent authority in central government.
The brokerage agency shall report to the municipal or county (city) government when establishing a branch business office.
Article 6
One of the following situations shall not apply for a permit for brokerage agency. Permitted though he or she has been, the permit shall be cancelled or revoked:
1. Being an incompetent person or a person limited in disposing capacity.
2. Going bankrupt and having not rehabilitated oneself.
3. Committing fraud, breach of trust, crime of misappropriation, article 2 of Prevention of Sexual Aggression, and article 3(1) and 3(2), article 6, and article 9 of Prevention of Organized Crime, which results in a conclusive judgment of more than a year of fixed-term imprisonment. Being still imprisoned or having been pardoned or been out of prison for fewer than three years. Nevertheless, being on probation is excluded from limitation.
4. Accepting a conclusive judgment of reformatory education, still receiving reformatory education, or not having been for three years since the close of reformatory education.
5. Having managed a brokerage agency of which the permit has been cancelled or revoked by the competent authority; not having been for five years since the first day when the permit was cancelled or revoked. Nevertheless excluded from this regulation are those who have not started their business beyond the specified time set by Article 7(1) or those who suspend their own business by themselves.
6. Suspension of business ordered by Article 29 and not having come to an end yet.
7. Suspension of business ordered by Article 31 and not having come to an end yet, or not having been for five years since the certificate of a broker was revoked.
After the company registration or business registration of a brokerage agency, the responsible person, the director, the supervisor, the manager and the responsible person or manager of firm of it is found in one of the aforementioned situations, the competent authority shall order that improvement over the brokerage agency be done within a given time limit. Should there still be no improvement beyond the specified time, the permit of the brokerage agency shall be revoked and the competent authority in charge of the business registration of the brokerage agency will be informed that its business registration shall be revoked.
Article 7
After being issued a permit by the competent authority, the brokerage agency shall complete the company registration or business registration and become a member of the local industry association before commencing operations. Operations must commence within six months. Failure to commence operations beyond the six-month period shall result in the revocation of the permit by the competent authority. However, for legitimate reasons, an application for a one-time extension with a maximum extension period of three months may be made.
After being permitted by the competent authority, the brokerage agency in preceding paragraph may organize an industry association or national association of brokering or sales agency according to the nature of business.
After company registration or business registration, a brokerage agency shall deposit a bond of operation according to the regulation of the central competent authority. If the bond that the brokerage agency shall pay exceeds a certain amount of money, a letter of guaranty provided by a financial institution may guarantee this excess.
Regulations of the bond of operation and depositing or providing guarantees in the preceding paragraph shall be made by the Central Competent Authority.
Besides the depositing of the bond in the third paragraph, the brokerage agency may apply to National Association in the second paragraph for the extra depositing of bond amount or the letter of guaranty provided by a financial institution.
The National Association in the second paragraph shall made the ethical guidelines for the real estate brokerage. After approval by the general meeting of members' representatives, it shall be submitted to the central competent authority for record.
Article 8
The bond of operation in the third paragraph of preceding article shall be deposited in the special account of bond opened in the financial institution named by the National Association of Brokering or Sales Agency of R.O.C. A committee of management shall be organized to keep in charge of the account. The fruits generated by the bond shall be spent on a sound development of the real estate brokerage system.
The members of the committee of management in the preceding paragraph are to be chosen out of brokerage agencies. The number of the brokers acting as committee members shall not exceed two-fifths of the total number of the committee members. The central competent authority shall make the organization of the committee and the regulations for the management of the bond of the committee.
Unless this act specifies otherwise, the bond shall not be spent under no circumstances other than Article 26(4).
If the bond of a brokerage agency pays respectively are below the amount specified by Article 7(3), National Association of Brokering or Sales Agency of R.O.C. shall inform that the brokerage agency shall make up the payment within a month.
Article 9
The bond of operation is independent of brokerage agencies and brokers, and, unless otherwise specified in this act, shall not be transferred, withheld, offset, or encumbered due to any debt or credit relationship with the brokerage agencies and brokers.
Owing to the mergence of brokerage agencies or the change of the organization of brokerage agencies, the right of the bond of operation should be transferred to the new brokerage agency. Applying for the dissolution of a brokerage agency, the original brokerage agency may begin requesting a refund of the bond of operation exclusive of the fruits generated from the bond of operation one year after dissolution is permitted. Such a request of refund shall be presented within the following two years.
Article 10
The industry associations of municipal or county (city) should report the situations of the members’ entrance into associations, suspension of rights, and withdrawal from business associations to local competent authority that shall transfer these reports to the records of the central competent authority.
Article 11
A brokerage agency should install at least a broker in a business office. Nevertheless, a brokerage agency should install at least a professional broker in an extraordinary business office, which makes over 600 million NT dollars.
A broker shall be added to every additional twenty assistant brokers in a business office.
Article 12
Within the first fifteen days of the brokers’ report for duty, a brokerage agency should report the name list of brokers to local competent authority that shall transfer these reports to the records of the central competent authority. In the event of personnel changes, the same procedure shall be applied.
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