Establishing a real estate brokerage company is a process that requires businesses to meet many specific legal and regulatory requirements. Customers need to clearly understand the operational content, establishment conditions, registration procedures, and steps to take after the company is officially established. This article will provide customers with important and necessary information to effectively establish a real estate brokerage company.

Real estate brokerage activities

According to the provisions of Article 62 of the Law on Real Estate Business 2023, real estate brokerage activities include main contents such as:

• Find partners that meet customers’ conditions to participate in negotiations and sign contracts.
• Authorized representative to perform work related to procedures for buying, selling, transferring, leasing, subleasing, and leasing real estate.
• Providing information and support for parties in negotiating and signing contracts for purchase, sale, transfer, lease, sublease, and lease purchase of real estate.

These are key tasks to connect and promote successful real estate transactions. Specifically, real estate brokers are responsible for finding and introducing interested parties to meet the transaction needs of customers. They can also be authorized by the parties to conduct necessary legal procedures. In addition, real estate brokers play the role of providing information and assisting parties in completing transactions.

Conditions for establishing a real estate brokerage company

According to Article 61 of the Law on Real Estate Business 2023, organizations and individuals providing real estate brokerage services must meet the following conditions:

• Must establish a business
• There must be regulations on real estate brokerage services
• Must have physical and technical facilities that meet operational requirements
• Have at least 01 individual with a real estate brokerage certificate
• Before operating real estate brokerage services, real estate brokerage service businesses send information about the business to the state management agency on real estate business at the provincial level where the business was established. to be posted on the housing and real estate market information system

In addition, individuals practicing real estate brokerage must meet the following conditions:

• Have a real estate brokerage practice certificate;
• Must practice in a real estate trading floor service business or a real estate brokerage service business.

Where to register to establish a real estate brokerage company?

According to regulations, businesses establish a real estate brokerage company at the Business Registration Office – Department of Planning and Investment of the locality where the company is headquartered.

Specifically, the process of registering to establish a real estate brokerage company is carried out as follows:

• Submit documents at the Business Registration Office – Department of Planning and Investment Enterprises will submit hard copy documents directly to the Business Registration Office of the Department of Planning and Investment in the locality where the company is headquartered.
• Online application submission: in addition to direct application, businesses can also submit online establishment registration documents through the National Business Registration Portal. However, to implement this method, businesses need to have a business registration account.

Thus, the process of establishing a real estate brokerage company is carried out at the Business Registration Office – Department of Planning and Investment of the locality where the company is headquartered. Businesses can choose to submit applications directly or online depending on their needs and conditions.

Procedures for establishing a real estate brokerage company

Establishment profile

Depending on the legal form of the business, documents to establish a real estate brokerage company include:

Private enterprise registration documents, based on Article 19, Law on Enterprises 2020.

• Application for business registration.
• Copies of personal legal documents for private business owners.

Application for registration of a partnership company, based on Article 20, Law on Enterprises 2020.

• Application for business registration.
• Company charter.
• List of members.
• Copies of personal legal documents for members.
• Copy of Investment Registration Certificate for foreign investors according to the provisions of the Investment Law.

Limited liability company registration documents, based on Article 20, Law on Enterprises 2020.

• Application for business registration.
• Company charter.
• List of members.
• Copies of the following documents:
• Personal legal documents for members who are individuals or legal representatives;
• Legal documents of the organization for members who are organizations and documents appointing authorized representatives; Legal documents of the individual for the authorized representative of the organizational member.
• For members that are foreign organizations, copies of the organization’s legal documents must be consular legalized;
• Investment registration certificate for foreign investors according to the provisions of the Law on Investment.

Joint stock company registration documents, based on Article 20, Law on Enterprises 2020.

• Application for business registration.
• Company charter.
• List of founding shareholders; List of shareholders are foreign investors.
• Copies of the following documents:
• Personal legal documents for founding shareholders and shareholders who are foreign investors who are individuals and legal representatives;
• Legal documents of the organization for shareholders who are organizations and documents appointing authorized representatives; Legal documents of individuals for authorized representatives of founding shareholders and shareholders who are foreign institutional investors.
• For shareholders who are foreign organizations, copies of the organization’s legal documents must be consular legalized;

Implementation steps

The process of establishing a real estate brokerage company includes the following steps:

Step 1: Prepare and prepare documents to establish a real estate brokerage company. Establishment documents depend on the type of business

Step 2: Submit application and receive business registration certificate There are 2 ways to submit application:

• Submit online via the National Business Registration Portal (business registration account required)
• Submit directly to the Business Registration Office – Department of Planning and Investment where the company is headquartered

Time to issue Business Registration Certificate: 3 working days.

Step 3: Engrave the seal and install the company sign Based on the information on the Business Registration Certificate, the business will:

• Engrave company seal (not required to submit seal form from 2021)
• Install company signs at the registered address

Thus, the process of establishing a real estate brokerage company mainly includes 3 main steps: preparing documents, submitting documents and receiving Certificates, and completing administrative procedures such as seal engraving, installation. signboard. Customers need to pay attention to complying with the requirements and procedures to ensure the establishment process goes smoothly.

Post-establishment procedures

After completing the establishment procedures, the enterprise needs to perform the following tasks:

• Hang company signs at the registered address.
• Register to buy electronic digital signatures (Tokens) to perform electronic transactions.
• Submit your initial tax declaration to the tax authority.
• Open a bank account (transaction account) and notify the account number to the tax authority.
• Have internal accounting or use accounting services for financial management and tax declaration.

Consulting services and support for registering to establish a real estate brokerage company in Long Phan

Using consulting services and support for registering to establish a real estate brokerage company plays an important role in the process of establishing a business. Choosing to use legal services will help your business save time and effort and ensure the validity of your documents. We will support customers in the best way throughout the company establishment process, including:

• Instructions on suitable business types for establishing a real estate brokerage company
• Consulting on the conditions that need to be met for establishing a real estate brokerage company
• Drafting documents and necessary documents to establish a real estate brokerage company
• Check the legality and completeness of company establishment documents
• Submit documents and monitor the process of granting Business Registration Certificate
• Consulting on registering to buy digital signatures and opening bank accounts for businesses.

With the motto “Accompanying customers”, we will support you enthusiastically, thoughtfully and effectively throughout the process of establishing a real estate brokerage company. Please contact Long Phan via Hotline: 0906735386 for detailed advice and support.