C-73.2, r. 1 - Regulation respecting brokerage requirements, professional conduct of brokers and advertising

Section 34.1 Disposition versions

2023-03-23

34.1. A broker acting on behalf of an agency is authorized to carry on activities within a business corporation, in accordance with Division IV of Chapter II of the Real Estate Brokerage Act (chapter C-73.2), if the following requirements are met:

(1)  the broker holds at least 90% of the voting rights attached to the corporation’s shares;

(2)  the broker is the president of the corporation;

(3)  the information in paragraphs 1 and 2 may be verified by examining the documents that may be required under paragraph 8;

(4)  the broker has sent to the Organization the documents and information required in paragraph 13 of section 5 of the Regulation respecting broker’s and agency licences (chapter C-73.2, r. 8);

(5)  a contract has been entered into between the corporation, represented by the broker, and the agency for which the broker is acting;

(6)  the broker is acting on behalf of the agency exclusively through the corporation;

(7)  the name of the corporation includes the broker’s name or, if applicable, the name by which the broker is commonly known as they appear on the licence; and

(8)  the broker provides, at the request of the Organization, within the time limits and according to the terms and conditions set by the Organization, the following updated documents:

(a)  the articles and by-laws of the corporation and the documents that must be attached under the Business Corporations Act (chapter S-31.1) or similar documents required under the constituting Act of the corporation;

(b)  the securities register of the corporation;

(c)  any shareholders’ agreement and voting agreement and amendments;

(d)  any agreement concerning a stock option with voting or other rights, even if conditional, granted to a person to be issued such stock;

(e)  the initial declaration or declaration of registration of the corporation and any updates filed under the Act respecting the legal publicity of enterprises (chapter P-44.1); and

(f)  the names and home addresses of the corporation’s chief executive officers.

O.C. 1256-2011, s. 2; O.C. 939-2013, s. 7; O.C. 173-2023, s. 20.

2013-10-10

34.1. A broker acting on behalf of an agency is authorized to carry on activities within a business corporation, in accordance with Division IV of Chapter II of the Real Estate Brokerage Act (chapter C-73.2), if the following requirements are met:

(1)  the broker holds at least 90% of the voting rights attached to the corporation’s shares;

(2)  the broker is the president of the corporation;

(3)  the information in paragraphs 1 and 2 may be verified by examining the documents that may be required under paragraph 8;

(4)  the broker has sent to the Organisme d’autoréglementation du courtage immobilier du Québec the documents and information required in paragraph 13 of section 5 of the Regulation respecting the issue of broker’s and agency licences (chapter C-73.2, r. 3);

(5)  a contract has been entered into between the corporation, represented by the broker, and the agency for which the broker is acting;

(6)  the broker is acting on behalf of the agency exclusively through the corporation;

(7)  the name of the corporation includes the broker’s name or, if applicable, the name by which the broker is commonly known as they appear on the licence; and

(8)  the broker provides, at the request of the Organization, within the time limits and according to the terms and conditions set by the Organization, the following updated documents:

(a)  the articles and by-laws of the corporation and the documents that must be attached under the Business Corporations Act (chapter S-31.1) or similar documents required under the constituting Act of the corporation;

(b)  the securities register of the corporation;

(c)  any shareholders’ agreement and voting agreement and amendments;

(d)  any agreement concerning a stock option with voting or other rights, even if conditional, granted to a person to be issued such stock;

(e)  the initial declaration or declaration of registration of the corporation and any updates filed under the Act respecting the legal publicity of enterprises (chapter P-44.1); and

(f)  the names and home addresses of the corporation’s chief executive officers.

O.C. 1256-2011, s. 2; O.C. 939-2013, s. 7.

2012-09-01

34.1. A broker acting on behalf of an agency is authorized to carry on activities within a business corporation, in accordance with Division IV of Chapter II of the Real Estate Brokerage Act (chapter C-73.2), if the following requirements are met:

(1)  the broker holds at least 90% of the voting rights attached to the corporation’s shares;

(2)  the broker is the president of the corporation;

(3)  the information in paragraphs 1 and 2 may be verified by examining the documents that may be required under paragraph 8;

(4)  the broker has sent to the Organisme d’autoréglementation du courtage immobilier du Québec the documents and information required in paragraph 13 of section 5 of the Regulation respecting the issue of broker’s and agency licences (chapter C-73.2, r. 3);

(5)  a contract has been entered into between the corporation, represented by the broker, and the agency for which the broker is acting;

(6)  the broker is acting on behalf of the agency exclusively through the corporation;

(7)  the name of the corporation includes the broker’s name as it appears on the licence; and

(8)  the broker provides, at the request of the Organization, within the time limits and according to the terms and conditions set by the Organization, the following updated documents:

(a)  the articles and by-laws of the corporation and the documents that must be attached under the Business Corporations Act (chapter S-31.1) or similar documents required under the constituting Act of the corporation;

(b)  the securities register of the corporation;

(c)  any shareholders’ agreement and voting agreement and amendments;

(d)  any agreement concerning a stock option with voting or other rights, even if conditional, granted to a person to be issued such stock;

(e)  the initial declaration or declaration of registration of the corporation and any updates filed under the Act respecting the legal publicity of enterprises (chapter P-44.1); and

(f)  the names and home addresses of the corporation’s chief executive officers.

O.C. 1256-2011, s. 2.