C-73.1, r. 2 - By-law of the Association des courtiers et agents immobiliers du Québec

Section 10 Disposition versions

2012-09-01

10. A partnership wishing to be issued a chartered real estate broker’s certificate shall apply therefor to the Association in writing. The partnership shall fulfil the following conditions:

(1)  have at least one establishment in Québec;

(2)  not be an undischarged bankrupt;

(3)  designate the natural person who will represent the applicant for the purposes of the Act, as well as each natural person who will act as the manager or assistant manager of each place of business and who has the qualifications required under the Regulation respecting the application of the Real Estate Brokerage Act (chapter C-73.1, r. 1) to hold a chartered real estate broker’s certificate;

(4)  the partnership and, as the case may be, each partner, shall have reimbursed, where applicable, the amount of principal, interest and costs resulting from any final judgment rendered against it or him by reason of its or his liability for any of the causes provided for in section 55 of the Act;

(5)  prior to 15 January 1994, neither the partnership nor any of the partners shall, in the 5 years preceding the application for a certificate, have been found guilty of, by final judgment, or have pleaded guilty to a criminal offence related to the activity of real estate broker, real estate agent or registered builder that gave rise to the revocation of its or their permit or registration certificate by the Superintendent of Real Estate Brokerage under the Real Estate Brokerage Act (chapter C-73), unless a pardon has been granted;

(6)  neither the partnership nor any of the partners shall, prior to 15 January 1994, have had a permit or registration certificate revoked by the Superintendent of Real Estate Brokerage under the Real Estate Brokerage Act (chapter C-73) because of its or their having been found guilty of or pleaded guilty to an offence provided for in the Act in connection with failure to deposit or to keep in a trust account all the sums received on behalf of others in the course of its or their activities;

(7)  neither the partnership nor any of the partners shall, in the 5 years preceding the application for a certificate, have been found guilty of or pleaded guilty to an offence against the Real Estate Brokerage Act (chapter C-73) or an Act governing real estate brokerage outside Québec, in connection with failure to deposit or to keep in a trust account all the sums received on behalf of others in the course of its or their activities;

(8)  neither the partnership nor any of the partners shall, from 15 January 1994, have had a certificate issued by the Association suspended because of its or their failure to deposit or to keep in a trust account all the sums received on behalf of others in the course of its or their activities;

(9)  none of the partners shall, from 15 January 1994, have been found guilty of, by final judgment, or pleaded guilty, in the 5 years preceding the application for a certificate, to a criminal offence related to the activity of real estate broker, unless he has been granted a pardon;

(10)  not engage in any activity prohibited by law; and

(11)  pay the fees provided for in Chapter I of the By-law respecting chargeable fees and specialist titles of the Association des courtiers et agents immobiliers du Québec for the issue of a chartered real estate broker’s certificate, as well as the contributions to the Fonds d’indemnisation, as provided for in Chapter V of the Regulation respecting the application of the Real Estate Brokerage Act.

O.C. 1865-93, s. 10.