Laws Information

法規資訊
Title: Implementation Regulations of Real Estate Broking Management Act
Am Date: 2002-03-22
Legislative History: The Announcement of Revised Article of the Republic of China on March 22, 2002

Transaction

Amendment

Article 13-1
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 brokingagency and selling agency but the organization still remained.

Article 13-2
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.
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.
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 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 28-1
The penalty for article 32may be carried out by the following situations:
i. The municipal or the county (city) administration office which companies and commerce are located shall executethe 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 thepenalty 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 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 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 5
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.
After permit, the municipal or a county (city) administration office shall inform the business association to transfer to the national business union.

Article 6
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.
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
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.
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
Within thirty days of installation of business offices, a broking agency shall report the following items in written document according to the article 5 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.
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.
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.

Article 9
Within thirty days of the changed day, a broking agency which changes the registered items of the aforementioned article 8 (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).
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 8and documents.

Article 10
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.
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.

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 21
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 .
The aforementioned (i)(ii)(iii) documents could be displayed the copies.
 A broking agency for sale is excluded the aforementioned (vi) document.

Article 26
The penalties for article 14( 3) and article 31( 2) are executed by the local administration office which the brokingagent receives the certificate of real estate broker or real estate assistant broker.
Conducting according to the aforementioned regulation, the administration office shall announce and inform thelitigant, 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 31shall 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 30
  (cancellation)