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Real Estate (Regulation and Development) Act (RERA) asks all real estate agents to register themselves with the concerned state RERA authority before broking deals in properties. This registration makes real estate business transparent and responsible. In the state of Gujarat, the agent needs to fill the online form, provide supporting documents, and pay the stipulated fee. The agent gets a registration number, which shall be quoted by the agent for all transactions.
Operating without registration is illegal and results can be in penalties.
A registered agent gains more trust from buyers and sellers.
Ensures that agents adhere to ethical business practices.
Many clients prefer to deal with RERA registered agents.
Form CHG-1 is an official application for registering the creation or modification of a charge (excluding debentures). This form is very mandatory when a company secures a loan by pledging its assets.
Prepare and present the following documents:
Role of RERA-Registered Agent: Key Responsibilities
After registration, agents have to follow these conditions:
The actual amount paid by shareholders for their subscribed shares.
If any shareholder fails to pay, it becomes a “call in arrears.”
When all dues are cleared, paid-up capital equals subscribed capital.
A portion of capital reserved for emergencies (e.g., company liquidation).
It cannot be used for regular business activities.
The actual amount paid by shareholders for their subscribed shares.
If any shareholder fails to pay, it becomes a “call in arrears.”
When all dues are cleared, paid-up capital equals subscribed capital.
A portion of capital reserved for emergencies (e.g., company liquidation).
It cannot be used for regular business activities.
The actual amount paid by shareholders for their subscribed shares.
If any shareholder fails to pay, it becomes a “call in arrears.”
When all dues are cleared, paid-up capital equals subscribed capital.
A portion of capital reserved for emergencies (e.g., company liquidation).
It cannot be used for regular business activities.
If you don’t submit the required forms by the deadline, you’ll face penalties:
Late Fee:
You’ll have to pay INR 100 for each day you delay filing.
On the Company:
INR 1,000 per day, subject to a maximum of INR 10 Lakhs.
On Every Officer in Default:
INR 1 Lakh, plus INR 100 per day of delay, subject to a maximum of INR 5 Lakhs.
The process to alter a company’s object clause requires adherence to several procedural steps including:
The Board of Directors must convene a meeting to: (1) Execute a formal agreement to sanction the suggested modification of the object clause. (2) Empower a director to execute every necessary filing and formality. (3) Select the specific date along with time and location for an Extraordinary General Meeting (EOGM) to secure shareholders' approval.
To obtain shareholder consent for the alteration during the EOGM a special resolution needs to be passed.
Upon passing the special resolution, the company must file Form MGT-14 with the ROC within a 30-day period. This document serves as the official resolution notification and must be submitted together with all required paperwork.
The ROC examines the application and upon finding all elements satisfactory proceeds to issue a revised Certificate of Incorporation which includes the modified object clause.
Timely filing of DPT-3 ensures compliance, prevents legal risks, and maintains your company’s credibility with financial institutions and stakeholders.
The government fee for CHG-1 filing depends on the company’s authorized share capital. The fee structure is outlined under the Companies (Registration of Offices and Fees) Rules, 2014.
For the latest fee details, visit the Ministry of Corporate Affairs (MCA) website: http://MCA.GOV.IN
Any individual or company involved in facilitating property sales or purchases must register under RERA.
The processing time varies but usually takes a few weeks after submitting the application and documents.
The unregistered agents can be punishable through fines and legal actions.
The renewal of registration for RERA is done at regular intervals as stipulated by the state.
No, it is state-wise registration. The agents are required to separately register in every state where they are going to work.
By adhering to these steps and regulations, real estate agents in Gujarat can remain compliant with RERA and establish a reliable business.