Conditions for setting up a real estate company
You are looking to set up a real estate company but do not know the regulations and conditions for the establishment? This article by TASCO will specifically inform business people about the conditions to set up a real estate company.
1. What is a real estate company?
🔰 Real estate business is the investment of capital to carry out construction activities, purchase, receive an assignment for sale or transfer; lease, sub-lease, lease-purchase real estate; real estate brokerage services; real estate trading floor services; real estate consulting or real estate management services for profit.
🔰 Real estate companies can be divided into 2 business forms as follows:
✔ Real estate business: including activities: building, buying, receiving transfer for sale, transfer; lease, sublease, lease buy real estate.
✔ Real estate service business: includes activities: performing real estate brokerage services; real estate trading services; real estate consulting or real estate management services for profit.
2. Conditions for establishing a real estate company:
2.1. Real estate company:
🔗 Organizations and individuals dealing in real estate must establish an enterprise.
🔗 Organizations, households, and individuals that sell, transfer, lease, or lease-purchase real estate on a small scale, infrequently, are not required to establish businesses but must declare and pay tax following the law.
2.2. Real estate service company:
⏩ For real estate brokerage:
🔗 Must establish a business and must have at least 02 people with real estate brokerage practice certificates.
🔗 Individuals have the right to provide independent real estate brokerage services but must have a real estate brokerage practice certificate and register to pay tax following tax laws.
🔗 Organizations and individuals providing real estate brokerage services may not be both brokers and contract performers in a real estate transaction.
⏩ For the form of real estate trading floor:
🔗 Organizations and individuals providing real estate trading floor services must establish an enterprise.
🔗 Enterprises providing real estate trading floor services must have at least 02 people with real estate brokerage practice certificates; Managers and operators of real estate trading floors must have a real estate brokerage practice certificate.
🔗 A real estate trading floor must have operating regulations, name, address, and physical and technical facilities that meet operational requirements.
⏩ For real estate consulting and management services:
🔗 Organizations and individuals providing real estate consulting services must establish an enterprise.
🔗 Organizations and individuals providing real estate management services must establish an enterprise. In the case of providing management services for condominiums and mixed-use buildings with residential purposes, they must fully satisfy the conditions prescribed by the law on housing., address, physical and technical
3. Procedures for setting up a real estate company:
3.1. Place of business license:
📌 Submit the application directly to the one-stop department at the Business Registration Office of the Department of Planning and Investment where the enterprise's head office is located.
📌 Register online at the National Business Registration Portal with a public digital signature or use a business registration account.
3.2. Procedures for setting up a real estate company:
👉 Step 1: Advise business people on the regulations on setting up a company
👉 Step 2: Prepare documents and give them to business people to sign.
👉 Step 3: TASCO will submit the application on your behalf and receive the results.
👉 Step 4: Hand over the registration certificate to entrepreneurs.
👉 Step 5: Post-establishment consultation.
3.3. Records include:
➥ Application for registration of real estate brokerage business;
➥ Charter of real estate brokerage company;
➥ List of founding members or shareholders (if it is a limited liability company with two or more members or a joint stock company)
➥ Valid copies of citizens' identification/IDs card/passports of members or founding shareholders, and legal representatives;
➥ In case the founding capital contributing member is an organization, it is necessary to add:
● A valid copy of the establishment decision, enterprise registration certificate, and other equivalent documents of the organization;
● A document appointing an authorized representative of the organization, a valid copy of the ID card/ citizens identification /passport of the authorized representative of the member being the organization.
➥ Authorization letter for another person to submit the application and receive the result (in case the legal representative does not directly do it);
➥ A valid copy of citizen identification /ID card/passport of the person authorized to submit the application
⇒ Register here for TASCO's earliest advice or contact hotline: 0975480868 (Zalo)
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