Registration in the Real Estate Brokers Registry
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Procedures for obtaining registration in the real estate brokers register
Pursuant to the provisions of Law No. (120) of 1982 and its Executive Regulations issued
By Ministerial Decree No. (342) of 1982.
Administration of the real estate brokers register:
This administration is responsible for issuing the Register of the real estate brokers register in accordance with the provisions of Law No. (120) of 1982 and its Executive Regulations issued by Ministerial Decision No. (342) of 1982, as for any natural or juridical person engaged in the field of the real estate brokers, whose activity is confined in searching for a contractor or who negotiates to persuade someone to make contract even if for one deal.
The importance of registration in the Real Estate Brokers Registry:
- The commercial register cannot be issued, and real estate brokerage activities cannot be practiced without registration in the Real Estate Brokers Register according to Law No. 120 of 1982.
- The Tax Authority issued Circular No. 2 of 2020, requiring real estate brokerage financiers to provide proof of their registration in the Real Estate Brokers Register at GOEIC.
- Before obtaining or renewing the commercial register, a letter from the Real Estate Brokers Register at GOEIC indicating the temporary registration of the establishment in the Real Estate Brokers Register is required until the commercial register is issued.
Requirements for Registration and Re-registration in the Real Estate Brokers Registry
Firstly, the Requirements for individual establishments to be registered in the Real Estate Brokers Registry:
- The activity of practicing business (brokerage - real estate marketing) must be proven in the commercial registry according to Law No.21 of 2022.
- The applicant must pass a specialized training course in the field of real estate brokerage before registration in the registry, including rules for reading maps and plans, according to regulations issued by the competent minister.
- The owner of the establishment and the authorized representative (If it exists) must both have a good reputation, and full legal capacity and must not be listed in terrorist lists. They should not have been previously convicted of a criminal offense or a penalty restricting freedom in a crime involving honor or trust, or in any of the crimes stipulated in Law No. 120 of 1982 or the laws of import, export, currency, customs, taxes, supply, companies, or trade unless they have been rehabilitated.
- The owner of the establishment and the authorized representative (If it exists) must not have declared bankruptcy unless they have been rehabilitated.
- The owner of the establishment and the authorized representative (If it exists) must not be employees of the government, local government units, public authorities, or public sector companies, If they were former employees of these entities, at last two years must have passed since they left the service, whether by resignation or for disciplinary reasons.
- The owner of the establishment and the authorized representative (If it exists) must not be members of the House of Representatives, Senate, or local popular councils, or engaged in political work full-time during the membership or full-time period unless they were originally engaged in this work before their membership or full-time engagement.
- The owner of the establishment and the authorized representative (If it exists) must not be first-degree relatives of political office holders or any of the categories mentioned in the previous clause.
- The owner of the establishment and the authorized representative (If it exists) must not be first-degree relatives of any employee with the rank of General Manager or above, or their equivalents in purchase, sale, or decision-making committees in any government entities, authorities, or public sector companies.
- In the case of re-registration of a real estate broker who was previously deregistered due to a conviction under Articles 21-22 of Law No. 120 of 1982, five years must have passed since the deregistration.
Secondly, the requirements for legal entities to be registered in the Real Estate Brokers Registry:
- The company’s main office must be in Egypt.
- The company’s objectives must include real estate brokerage activities according to its articles of association or incorporation contract.
- The company’s paid-up capital at the time of application for registration must not be less than twenty thousand pounds.
- The entire capital must be owned by Egyptians (public sector companies are exempt from this condition, and companies with foreign founders can be exempted by a decision of the competent minister).
- All partners, managers, or board members of joint-stock companies, or those in actual control of management, as applicable, must meet the following conditions:
- They must be genuine Egyptian partners. If it exists, they acquired Egyptian nationality through naturalization, at least ten years must have passed since obtaining the nationality at the time of registration. (Public sector companies are exempt from this condition, and companies with foreign founders can be exempted by a decision of the competent minister).
- None of them should have declared bankruptcy, and each must have full legal capacity, a good reputation, and not be listed in terrorist lists. They should not have been previously convicted of a criminal offense or a penalty restricting freedom in a crime involving honor or trust, or in any of the crimes stipulated in Law No. 120 of 1982 or the laws of import, export, currency, customs, taxes, supply, companies, or trade unless they have been rehabilitated.
- None of them should be employees of the government, local government units, public authorities, or public sector companies. If they were former employees of these entities, at least two years must have passed since they left the service, whether by resignation or for disciplinary reasons.
- None of them should be members of the House of Representatives, senate, or local popular councils, or engaged in political work full-time during the membership or full-time period unless they were originally engaged in this work before their membership or full-time engagement.
- None of them should be first-degree relatives of political office holders or any of the categories mentioned in the previous clause.
- None of them should be first-degree relatives of any employee with the rank of General Manager or above, or their equivalents in purchase, sale, or decision-making committees in any government entities, authorities, or public sector companies.
- The applicant must pass a specialized training course in the field of real estate brokerage before registration in the registry, including rules for reading maps and plans, according to regulations issued by the competent minister.
- For re-registration of a company previously deregistered from the Real Estate Brokers Registry due to a conviction under Articles 21-22 of Law No. 120 of 1982, five years must have passed since the deregistration.
Thirdly, the requirements for a Real Estate Brokerage Contract
- The real estate brokerage contract must be written and should include the following details, in particular:
- The date of the contract's creation.
- The names of the real estate broker and the client, along with their national ID numbers.
- The real estate broker’s details as per the commercial register and their tax number.
- The nature of the real estate broker's work and their designation as a broker by the principal.
- The responsibilities of the contract parties.
- The scope of the real estate broker's work and the necessary authorizations to verify property data with governmental and nongovernmental entities within the limits of the official agency issued to them by the parties of the real estate brokerage contract or one of them.
- The agreed commission, the terms for receiving it, and the type of currency in which it will be paid.
- The full payment method, including the type, means, date, and amount.
- The geographical scope.
- The specifications of the property, unit, or land.
- The principal’s ownership of the properties or trademarks or services under the real estate brokerage contract.
- If a third party owns these properties or trademarks, the following must be provided:
- An official document certified by the Chamber of Commerce and the embassy or consulate in the third party's country clarifying the relationship between this third party and the principal, including the third party’s consent for the principal to use the trademark and the right to appoint others.
- If the contract is issued by a company or a foreign entity:
- The contract must include the foreign company's or entity's commitment to notify the relevant Egyptian consulate of any agreements that modify any details of the contract.
- If the contract is issued locally:
- The contract must be notarized by the land registry.
- If the contract is issued by a company or a foreign entity:
- The contract must be notarized by the relevant Chamber of Commerce or the official authority acting in its place in the foreign principal's country and certified by the Egyptian consulate or embassy in the foreign principal's country.
Required Documents for Registration or Re-registration in the Real Estate Brokers Registry
Firstly, Documents required for individual establishments to be registered in the Real Estate Brokers Registry:
- A completed real estate broker registration application signed by the concerned person or the authorized representative (If it exists) before the competent employee.
- An official certified copy of the real estate brokerage contract meeting the conditions for registration of real estate brokerage contracts (as previously mentioned in the third clause). If the contract is issued by a foreign company or entity and only in a foreign language, an original translation of the real estate brokerage contract must be provided according to the established translation rules.
- A recent official extract from the commercial registry valid for at least 90 days, including the real estate brokerage activity or indicating compliance with the provisions of Law No. 120 of 1982.
- A copy of the tax card with completed details and the original for verification.
- A data document from the tax authority specifying the full description of the activity in the commercial registry.
- A copy of the national ID card or passport and the original for verification.
- An official extract of the birth certificate or a copy of military service papers (for Egyptians), or Egyptian citizenship card if the applicant is of foreign origin and it must be more than 10 years old.
- A decision of resignation acceptance or service termination if the applicant was a former employee of the government, public authorities, public institutions, local government units, public sector companies, or public business sector companies, ensuring that two years have passed since they left the service.
- A completed individual registration acknowledgment form for the Real Estate Brokers Registry signed by the concerned person and the authorized representative (If it exists) before the competent employee or with a bank signature validation.
- A copy of the latest tax return stamped with the official seal of the tax authority, with the original for verification.
Secondly, Documents required for companies to be registered in the Real Estate Brokers Registry:
- Completion of the real estate broker registration application signed by the authorized person for management and signature before the competent employee or their legal agent.
- An official certified copy of the real estate brokerage contract meeting the conditions for registration of real estate brokerage contracts (as previously mentioned).
- A recent official extract from the commercial register valid for at least 90 days, including the activity of (brokerage - real estate brokerage - real estate marketing) or indicating compliance with the provisions of Law No. 120 of 1982, with a capital of not less than twenty thousand pounds.
- A copy of the company's incorporation contract and any amendments, registered and published, with the original for verification for partnership companies, and a copy of the company’s journal where the company’s contract and articles of association are published, along with any amendments for joint-stock companies, and a copy of the establishment decision with an official seal, exempt from notarization at the land registry for public sector companies.
- A copy of the tax card with completed details, with the original for verification, and a data document from the tax authority specifying the full description of the activity in the commercial register.
- Latest Financial Statement: Submitted to the tax authority for the previous fiscal year to prove that the company's capital is no less than EGP 20,000 if the company has been in operation for more than one year. If the company has been in operation for less than one year, a certificate indicating the deposit of this amount in an accredited bank in the company's name must be provided. Public sector companies are exempted.
- A copy of the latest tax return stamped with the official seal of the tax authority, with the original for verification, if the company has been established for a year or more, and An original certificate indicating the deposit of the capital in an approved bank in the company's name as a deposit or in the current account, if the company has been established for less than a year. (Public sector companies are exempt).
- Documents to be completed by all named in the contract or company journal in partnerships and limited liability companies, and by all board members and appointed managers in joint-stock companies (public sector companies are exempt):
- A copy of the national ID card or passport, with the original for verification.
- An official extract of the birth certificate or a copy of military service papers (for Egyptians).
- A decision of resignation acceptance or service termination If it exists of those mentioned are former employees of the government, public authorities, public institutions, local government units, public sector companies, or public business sector companies, ensuring that two years have passed since they left the service.
- A company registration acknowledgment form signed before the competent employee or with a bank signature validation, to be completed by:
- All general partners in partnerships as per the company’s contract.
- All managers in limited liability companies as per the incorporation contract or company journal.
- All board members and appointed managers in joint-stock companies as per the incorporation contract or company journal. (Public sector companies are exempt from this requirement).
Important Notes:
- Registrations are issued for a five-year period, and if there is only one valid brokerage contract on the real estate broker card with a validity period of less than 5 years, the validity of registration in the broker registry is linked to the expiry date of that contract until additional brokerage contracts are added.
- The presence of a valid real estate brokerage contract on the real estate broker card is a condition for the continuation of registration in the real estate brokerage mediators’ registry.
- Registration is renewed every five years, and the renewal application must be submitted within the ninety days prior to the end of the registration period to avoid double fees within the ninety days following the end of the registration period, after this period, the registration will be administratively canceled.
- Individual establishments and corporate persons according to GOEIC's law deal with the transactions of financial companies regarding the documents that meet the requirements before and after issuing the commercial registry.
- If real estate brokerage contracts are issued from a country where we do not have diplomatic representation, the following is done:
- Contract authentication from the Chamber of Commerce in that country.
- Authentication is approved at the nearest embassy or consulate, and if the authentication is issued by an embassy or consulate of an Arab country, it is authenticated by the embassy or consulate of that country in Egypt.
- The embassy stamp is authenticated by the Egyptian Ministry of Foreign Affairs.
- In this case, the contract must include the commitment of the foreign principal to notify the General Authority for Export and Import Control of any amendment or change to the contract.
- If the broker is associated with a merchant or distributor employment contract, the real estate broker pays half of the prescribed fees, as follows:
- If the contract is issued locally, provide a copy of the employment contract authenticated by social insurance and the broker's insurance printout.
- If the contract is issued abroad, provide a copy of the employment contract authenticated by the relevant chamber of commerce or official entity in the foreign principal's country and authenticated by the consulate or embassy of Egypt in the foreign principal's country.
- The broker must notify GOEIC of any amendment to the data of the assigned real estate brokerage contract within 30 days from the date of documenting the amendment contract.
- If GOEIC is not notified within 30 days, the following procedures are taken according to Article 21 of Law No. 120 of 1982:
- The establishment's right to insurance lapses.
- GOEIC notifies the establishment of the lapse of its right to insurance by a recommended letter with acknowledgment of receipt to its last known address notified to GOEIC.
- The establishment must pay double insurance within thirty days from the date of notification of the lapse of its right to insurance.
- In case of repeated violation, registration is canceled by a decision from the competent minister, and the right to recover the doubled insurance lapses.
- The agent has the right to recover the doubled insurance if the violation is not repeated.