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#178529 - 10/30/07 11:29 PM New Agency - Business Structure
hilly1981 Offline
Junior Member

Registered: 10/30/07
Posts: 1
Loc: Australia
Hi,

I am looking at entering a new business venture in real estate. I am located in Australia. Basically I would like to provide the funding to establish a new office/entity, and hire
staff with the required registration requirements to carry out the duties.

I am not registered or licensed, so I was wondering if I was able to employ a licensed agent to become the licensee in charge of the office, whilst I am the owner of the business however not actively conducting real estate activity. Mainly just being involved in the company finance, advertising and budgeting.

After investigation, I discovered that I may need to apply for a corporation license, however at least one of the directors must hold a license?

Does that mean when registering the company, would I have to include the director whom is to be licensee on the company registration docs, along with on the corporation license application form? Ideally I would like to be the owner of the company, and when completing the corp license application to
then include the licensee in charge details as co-director.

The question has also been raised as I sometimes see agencies with director names on the front window, and then the licensee in charge underneath is a totally different person.

Your feedback is appreciated.

Thanks

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#179156 - 11/02/07 08:23 PM Re: New Agency - Business Structure [Re: hilly1981]
Traveler Offline
Major Contributor

Registered: 11/14/00
Posts: 2268
Loc: The Coast
Shouldn't be any problem to be just a silent partner, as long as you aren't involved in any of the duties that require a license. I would talk to a qualified attorney regarding that for sure.

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#179361 - 11/04/07 09:09 AM Re: New Agency - Business Structure [Re: hilly1981]
Devil's Advocate Offline
Veteran Member

Registered: 01/03/05
Posts: 538
Loc: Ontario, Canada
Good-day Mate:

It is better to be safe than sorry, therefore what you should consider, is obtaining competent legal advice, on a number of complex issues,that you can rely on .

Someone that can make you aware of all the prevailing laws and requirements governing your contemplated venture.

Someone who is familiar with the of forming and setting up a corporation, the cost involved, and the number, type and value of shares to be issued, the appointment of officers of the corporation, etc.etc.

In some jurisdictions, a real estate corporation, is required to be under the day-to-day management of a licenced real estate broker, although a unlicenced person may be the majority shareholder in the corporation.

Important Notice: This information is provided as basic educational information by the author and is not a substitute for the advice of an expert and/or the advice of a lawyer. There is NO representation as to legality, accuracy, correctness of the herein information and the reader is strongly urged to consult a lawyer in the relevant jurisdiction to ensure accuracy before acting on this information .

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#182965 - 11/23/07 12:33 PM Re: New Agency - Business Structure [Re: Devil's Advocate]
DallasMTG&REBroker Offline
Junior Member

Registered: 11/23/06
Posts: 3
Loc: Dallas
I saw your post. Hope you get this as there is no e-mail address in your profile.
I am a Real Estate Broker in Texas and may be interested in providing the broker license for the new business venture.
I have been in the Real Estate business and Mortgage business for 30 years. (and I am only 48 years old).
Please ler me know if Texas (Dallas or Houston market)is of interest to you.
my direct e-mail is birdsongmortgage@bigfoot.com
Thank you,
_________________________
When it absolutly HAS to close...Call Jim

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#182986 - 11/23/07 04:43 PM Re: New Agency - Business Structure [Re: DallasMTG&REBroker]
bristowVA Offline
Member

Registered: 04/15/07
Posts: 142
Loc: Prince William VA
How about learning to read DALLASMTG&REBroker.

The poser of this question is in OZ, you are in TX. Do you have an Australian REAL ESTATE license?

Do you even know where Australia is?

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#183149 - 11/25/07 01:22 PM Re: New Agency - Business Structure [Re: bristowVA]
Area Pro Realty Offline
Member

Registered: 05/24/06
Posts: 284
Loc: California
its scary that people are willing to put their license at risk by an Internet posting. it amazes me everyday some of the stuff i see out there in the industry
_________________________
Author of "How to Evaluate Real Estate Franchises" www.EvaluateREFranchise.com
and host of Real Estate Agent Radio
www.RealEstateAgentRadio.com

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#183180 - 11/25/07 04:28 PM Re: New Agency - Business Structure [Re: Area Pro Realty]
allREOpreserv Offline
Veteran Member

Registered: 09/08/07
Posts: 704
Loc: Nationwide
bristowVA ~

I think, to be fair, DallasMTG&REBroker DID ask hilly1981 if he was interested in the Dallas/Houston market. It's possible he's thinking hilly1981 wants to be an investor, or at least provide venture capital for future ROI, here in the U.S. I don't think he intended to just jump in there with anyone without feedback.

I think, though, that hilly1981 needs to provide more information about where he wants to conduct business so that people can respond accordingly.

I agree, too, that people will sometimes put their necks on the chopping block without a second thought about the consequences. I don't think this was one of those, though. IF, of course I'm reading the questions and responses correctly.

Linda
_________________________
Linda Hall, Owner
All REO Preservation Services
A+ Property Preservation Group [Nationwide]
allreo.mailbox@gmail.com

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#183284 - 11/26/07 11:04 AM Re: New Agency - Business Structure [Re: allREOpreserv]
bristowVA Offline
Member

Registered: 04/15/07
Posts: 142
Loc: Prince William VA
Linda,

Based on tHe content of the message it seems to me clear enough that being in Oz he is looking to open a business there. The legal stuff seems to apply to Oz rather than the US, Devils advocate seems to think it is not a US operation he's looking for.

I do wish people would not give advice based on their location as RE law difffers in almost every state let alone Canada and other English speaking countries.
_________________________
Providing BPO's and listing REO properties since 2004

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#183327 - 11/26/07 03:00 PM Re: New Agency - Business Structure [Re: bristowVA]
allREOpreserv Offline
Veteran Member

Registered: 09/08/07
Posts: 704
Loc: Nationwide
Hi, bristowVA ~

Hilly1981 should have clarified in his post where he wants to do business. Where it can be misinterpreted is where he wants to "provide the funding to establish new off/entity, and hire staff with the required registration requirements to carry out the duties". My thought was that he could actually be talking about anywhere in the world so I thought DallasMTG&REBroker's response was fair one.

I further agree about not giving RE advice. I wasn't and I hope no one took it that way.

Linda
_________________________
Linda Hall, Owner
All REO Preservation Services
A+ Property Preservation Group [Nationwide]
allreo.mailbox@gmail.com

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