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Opening a real estate agency is not difficult once you know how to do it. In fact, unlike other activities, opening a real estate agency does not require the same investment and personnel requirements (real estate agents remain non-salaried commercial agents). To clarify this, this practical fact sheet explains the different steps necessary to constitute your business.

Like any business incorporation, the choice of the commercial name is the essential step. If the name of your company is not a seller, no one risk calling on your services, which is all the more problematic when you are not alone on the market. To choose the right business name, choose a name that is closest to your business and that remains simple and sober, which will give you a serious side. It is also recommended to carry out a prior art search (check that the trade name is not the subject of a trademark registration ) with the National Institute of Intellectual Property (INPI)to avoid prosecution

To know: the commercial name does not necessarily correspond to the corporate name of your company. The trade name is assimilated to a brand or sign, this is what the customer perceives, while the corporate name corresponds to the name of the company which is registered in the Trade and Companies Register (RCS). To put it simply, the corporate name is the legal foundation while the commercial name is what allows you to sell.

CHOOSE THE SOCIAL FORM OF YOUR REAL ESTATE AGENCY

Individual business

It is possible to open a real estate agency in the form of a sole proprietorship (EI). This legal structure has a double advantage: no initial capital is required and the steps to be taken are relatively simple. By opting for IS, your assets and those of your company will become one (unlimited liability), which means that your personal wealth is used, as a guarantee, in the creation of your activity and the constitution of your assets. It is possible to avoid unlimited liability by opting for the EIRL: sole proprietorship with limited liability, which limits the risks.

CREATING YOUR REAL ESTATE COMPANY: PROCEDURE

Once the corporate form has been chosen, you can send a request for registration to the Trade and Companies Register (RCS). This request can be made online on the Infogreffe site or by going directly to the nearest Commercial Court.

Procedures for obtaining the professional card

To obtain the professional card, you must contact the Chamber of Commerce and Industry (CCI) which is the only authority empowered to issue it to you. The request is addressed to the president of the ICC with territorial jurisdiction either of the place of the seat of the applicant (if it is a legal person), or of the place of its main establishment like Tamansari Rawang. Your request must be filed against discharge and can also be sent by registered letter with acknowledgment of receipt.

The lifespan of a professional card is 3 years (compared to 10 years previously).

The card can have a total of 6 mentions (which it is possible to cumulate): transaction on buildings and goodwill, property management, co-ownership trustee, list merchant, tourist services and services. In terms of real estate, the agent who intends to hold or deposit funds must obligatorily open an escrow account which is used only for the receipt of funds from this activity.

Opening an escrow account is an operation that can be carried out with a bank or credit institution. The escrow corresponds to the amount of money paid on the day of the signing of the promise to sell in order to demonstrate that the buyer can acquire the property. It also proves the financial capacity of the buyer and will serve as part of the final payment of the sale price on the day of the signing of the deed

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