What Are the Different Types of Real Estate Broker Associations?
The China Real Estate Brokers Association is a national industry organization voluntarily formed by the national real estate intermediary introduction, agency marketing, consulting and planning, real estate financial services, information services and other institutions and related enterprises and institutions and registered real estate agents in the People's Republic of China. , Is a non-profit social organization with legal personality that implements industry services and self-discipline management.
China Real Estate Brokers Association
- China Real Estate Brokers Industry Association, English translation: Chinese realestatebrokerage industry association (abbreviation CEBIA). The China Real Estate Brokers Association is a national industry organization voluntarily formed by the national real estate intermediary introduction, agency marketing, consulting and planning, real estate financial services, information services and other institutions and related enterprises and institutions and registered real estate agents in the People's Republic of China. , Is a non-profit social organization with legal personality that implements industry services and self-discipline management. [1]
- Representing the wishes of members, providing services to members, safeguarding the legitimate rights and interests of members, coordinating the relationship between members, communicating members' ties with the government and society, communicating government policy intentions, regulating professional practices, promoting professional ethics, advocating fair competition, and promoting real estate brokerage Industry innovation, communication and cooperation promote the progress of the real estate brokerage industry.
- The Association abides by national laws, regulations, administrative rules and related policies, adheres to social ethics, establishes itself, manages itself, operates autonomously, and develops itself. It does not engage in profit-making business activities and does not compete with members for profits.
(1) Study and explore the theory, guidelines and policies for the development of the real estate brokerage industry, assist government authorities in conducting industry surveys and legislative investigations, formulate and implement industry development plans, and represent the industry with government opinions and suggestions on industry development and legislation.
(2) Develop real estate brokerage industry standards, codes of conduct and self-discipline standards, strengthen the industry's self-discipline and integrity system, regulate professional practices, promote professional ethics, and safeguard the legitimate rights and interests of members. Take appropriate self-discipline measures for acts that violate regulations and damage the reputation of the industry.
(3) To provide information and services for communication between the government, industry, society, and members; to reflect the voices and suggestions of members on behalf of the industry based on hot and difficult issues that members are concerned about; and to members and other industries, enterprises, or consumers. For major disputes arising from business activities, coordinate with relevant departments.
(4) Collect, sort and publish domestic and foreign professional information, edit and publish industry publications and information materials, promote exchanges and cooperation within the industry, and improve the economic and social benefits of the entire industry.
(5) To undertake the tasks related to the real estate brokerage industry assigned and authorized by the competent government department.
(6) Carry out industry appraisal and industry self-discipline inspection, summarize and exchange experiences, create industry brands, set industry models, and promote the sustainable and healthy development of the industry.
(7) Organize professional training and continuing education to improve the overall quality and professional standards of China's real estate brokerage industry.
(8) Carry out friendly exchanges with domestic and foreign peers and social organizations, organize study tours, strengthen exchanges and cooperation, learn advanced experience, and promote the development of the industry.
(9) Carry out other activities that are beneficial to the development of the industry in accordance with the provisions of laws and regulations.
- Chapter I General Provisions
- Article 1 The name of the Association: China Real Estate Brokerage Industry Association, English translation: Chinese realestatebrokerageindustry association (abbreviation CRBIA)
- Article 3 The purpose of the Association: to give play to the role of the Association in providing services, reflecting demands and regulating behaviors, and to promote the prosperity and healthy development of the real estate brokerage industry.
- Chapter II Mission, Business Scope and Principles of Activities
- Article 4 The main tasks of the Association are:
- (1) Study the theory, guidelines, and policies of the reform and development of the real estate brokerage industry, and actively participate in the research and formulation of relevant laws and regulations, macro-controls and policies; participate in the formulation or revision of industry standards and industry development plans, industry access conditions, and improve the industry Management to promote industry development.
- (2) Give full play to the role of bridges and bonds, and communicate members' ties with the government and society. Focus on major issues in the development of the industry, conduct in-depth investigations and research, and actively make suggestions and requests to the government and its departments; reflect the voices and suggestions of members on behalf of the industry based on hot and difficult issues that members care about; For major disputes arising from business activities between the parties, coordinate or mediate with relevant departments.
- (3) Strengthen industry self-regulation. Focus on standardizing market order, formulate and supervise the implementation of industry regulations and agreements, and improve various self-discipline management systems; formulate and organize the implementation of industry professional ethics standards, strive to build an industry integrity system, and establish and improve the industry's self-discipline management constraint mechanism; Enterprises operate with integrity, standardize employment, fair competition, coordinate industry interests, and maintain a good market environment. Corresponding self-regulatory measures shall be adopted for violations of regulations and damage to the reputation of the industry; if violations of the law are involved, it is recommended that relevant departments investigate and deal with them. (4) According to the development of the industry and the needs of members, take various forms to organize industry training, train real estate agents and management personnel for enterprises, and improve the quality of the real estate agent team.
- (5) Integrate industry resources, improve industry technological progress and management innovation level. Carry out industry evaluations and industry inspections, summarize and exchange experiences, cultivate industry brands, establish industry models, and promote.
- (6) Carry out friendly exchanges with domestic and foreign peers and social organizations, organize visits and inspections, strengthen exchanges and cooperation, learn advanced experience, and promote the development of the industry.
- (7) Strengthen the construction of industry informatization, collect, organize and exchange information on domestic and foreign real estate market information, industry trends and business management experience, run a conference journal and website, and pass information to members in a timely manner.
- (8) Accepting functions such as industry survey statistics, enterprise credit review, organization of professional training, industry price coordination, and establishment of industry service standards transferred or commissioned by relevant government departments.
- (9) Strengthen the construction of the association itself, improve the internal management and operation mechanism, strengthen the ability to host the meeting, increase the credibility of the association inside and outside the industry, and effectively give play to the functions of guidance, service, coordination and self-discipline.
- (10) Carry out other activities that are beneficial to the development of the industry in accordance with the provisions of laws and regulations.
- Article 5 The business scope of this association is: real estate brokerage industry investigation, industry training, industry evaluation and inspection, registration and annual inspection of professional qualifications, convention and exhibition services, intermediary consulting, domestic and foreign industry information exchange and editing and publishing.
- Article 6 Principles of our activities:
- (1) The Association shall carry out activities in accordance with the Articles of Association and shall comply with laws, regulations, social morals and customs, and the overall interests and requirements of the industry.
- (2) When carrying out activities, the Association shall adhere to honesty, trustworthiness, fairness, and fairness, and shall not falsify or harm the interests of the state, other units, and individuals.
- (3) In carrying out its activities, the Association shall follow the principles of democratically organizing and self-hosting meetings, so as to achieve self-employment of personnel, self-financing of funds, and work autonomy. The sustainable and healthy development of the industry.
Chapter III Members
- Article 7 The members of the Association are unit members and individual members. To apply for membership, the following requirements must be met:
- (1) Real estate brokerage enterprises that have obtained business licenses in accordance with law, as well as enterprises and institutions related to the industry and registered real estate brokers;
- (2) Recognizing the articles of association of the Association;
- (3) Voluntarily join the Association.
- Article 8 Member Joining Procedure:
- (1) Submitting an application for membership;
- (2) The secretariat authorized by the board of directors of this association shall review and agree to it, and issue a membership card.
- Article 9 Members enjoy the following rights:
- (1) to enjoy the right to vote, to be elected and to vote;
- (2) Participate in related activities organized by the Association;
- (3) Priority of obtaining the services of the Association;
- (4) to have the power to supervise, criticize and advise on the work of the Association;
- (5) requesting the Association to help communicate with relevant parties;
- (6) Volunteer membership and freedom of withdrawal.
- Article 10 Members shall perform the following obligations:
- (1) abide by the constitution of the Association, implement the resolutions of the Association, obey the rules and regulations, and safeguard the interests of the industry;
- (2) Support and participate in the activities of the Association, and complete the work entrusted by the Association;
- (3) Paying dues on time in accordance with regulations;
- (4) Actively report the situation to the Association and provide relevant information and statements.
- Article 11 When a member withdraws from the association, he shall submit a written letter to the secretariat of the association and return the membership card. Members who fail to pay dues or participate in the activities of the Association for no reason within two years will be deemed to have automatically withdrawn from the Association.
- Article 12 Any member who seriously violates the laws or regulations or the articles of association of the Association shall be delisted and publicized after being approved by more than two-thirds of the participants of the Council.
- Chapter IV Organization
- Article 13 The highest authority of the Association is the General Assembly. The powers of the General Assembly are:
- (1) Formulating and revising the articles of association;
- (2) election and removal of directors;
- (3) Hearing and reviewing the work report and financial report of the council;
- (4) Deciding on other major matters of the Association;
- (5) Decide on the termination of the Association.
- Article 14 The general meeting of members is held once a year. The new general meeting is called the first general meeting; the rest are called annual conferences. The general meeting must be attended by more than two-thirds of the members, and its resolutions must be approved by more than two-thirds of the members present at the meeting.
- Article 15 The General Assembly is four years in length. If the special term needs to be renewed in advance or postponed, it must be approved by the board of directors and submitted to the competent department for review and approval. However, the postponement of the renewal shall not exceed one year.
- Article 16 This Council has a Council. The council is the executive body of the general meeting of members. During the intersessional period of the general meeting of members, the council leads the daily work and is responsible to the general meeting of members. The Board of Directors is elected by the General Assembly for a term of four years. Unit directors are recommended by the unit as a director. When the directors cannot perform their duties during the term of office or need to be replaced due to other reasons such as job changes, the unit directors shall be recommended by the unit separately and reported to the secretariat of the Association for change. Individual directors terminate themselves.
- Article 17 Authority of the Council
- (1) implementing the resolutions of the general meeting;
- (2) Election and removal of the chairman and vice-chairman;
- (3) Convening a general meeting and reporting its work and financial status to the general meeting;
- (4) Deciding on the list of honorary presidents and consultants to be hired according to the nomination of the chairman;
- (5) Deciding on the appointment and removal of candidates for the Secretary-General based on the nomination of the chairman;
- (6) to decide on the appointment and removal of candidates for the Deputy Secretary-General based on the nomination of the Secretary-General;
- (7) Deciding to establish and withdraw branches, representative offices and entities, and to decide on the appointment and removal of its main responsible persons;
- (8) to formulate an annual work plan and to lead the institutions to carry out their work;
- (9) Deciding the removal of members;
- (10) Decide on other major matters.
- Article 18 The council must be attended by more than two-thirds of the directors, and its resolutions must take effect only after two-thirds of the directors vote. The council meets once a year. Special circumstances can be convened at any time.
- Article 19 The chairman, executive vice chairman and vice chairman of the Association must meet the following requirements;
- (1) Familiar with real estate brokerage business and high reputation in the industry;
- (2) Be enthusiastic about the work of industry associations and have a higher working level;
- (3) He is in good health and can work normally. The age of the chairman and executive vice chairman is generally not more than 70; the age of the vice chairman of the resident committee is in accordance with the regulations of the Housing Security and Housing Administration on strengthening the management of the association. .
- (4) Having full capacity for civil conduct.
- Article 20 The chairman of the Association shall be a real estate brokerage enterprise operator or an expert in the industry. The new council elects two rotating presidents and determines the order of rotation. The first term of office is two years from the date of the reelection, and the second term is from the expiration of the post. The executive vice president and vice president are elected for a term of four years, and the executive vice president and vice chairman of the resident committee cannot be re-elected for more than two terms. If it is necessary to extend the term of office due to special circumstances, it must be approved by more than two-thirds of the members of the general meeting of members, submitted to the competent department of business for review and approval, and can only hold office after approval by the community management bureau.
- Article 21 The executive vice chairman of the Association is the legal representative. The legal representative of the Association has no current public office in a state organ and his personal credit is good. The legal representative of the Association shall not concurrently act as the legal representative of other social organizations.
- Article 22 The rotating chairman and executive vice chairman of the Association exercise the following functions and powers:
- (1) The rotating chairman exercises the following powers:
- 1. Preside over the council and president meetings;
- 2. Check the implementation of the resolutions of the General Assembly and the Council;
- 3. Sign the Council and General Assembly resolutions.
- (2) The executive vice chairman exercises the following functions and powers:
- 1. Convene a meeting of the Board of Directors and the President;
- 2. Residing during the intersessional period of the Council to preside over the work of the Association;
- 3. Sign other documents besides the council and chairperson meetings.
- Article 23 The secretariat of the Association is the office of the Council. Based on the principles of simplicity and efficiency, the Secretariat establishes work units based on actual work needs. The Secretary-General presides over the daily work of the Secretariat. The terms of office of the Secretary-General refer to Article 21. The Secretary-General must be a full-time officer. Secretariat staff must be full-time personnel, and their personnel distribution and social security system shall be implemented in accordance with relevant regulations. Full-time personnel can also be supported or borne by the vice president unit and related units.
- Article 24 The Secretary-General of the Association exercises the following functions and powers:
- (1) Preside over the daily work of the Secretariat and organize the implementation of the annual work plan;
- (2) guiding and coordinating the work of all branches, representative offices and entities;
- (3) Nominating the principals of each branch, representative institution and entity, and submit it to the council for decision;
- (4) Deciding on the employment or dismissal of full-time staff of the Secretariat's internal agencies and branches, representative agencies, and entities;
- (5) Handling other daily affairs.
- Article 25 The Association shall set up professional committees, working committees and other branches according to the needs of the work. Professional committees and working committees are affiliated branches of the Association. They do not have independent legal person qualifications, and their legal responsibilities shall be borne by the Association. The professional committees and working committees work under the leadership of this committee and under the guidance of the competent business department. The work regulations formulated by the professional committees and working committees must be reviewed and approved by the Council of this Council. The professional committee and working committee implement the director responsibility system, and the appointment and removal of directors is decided by the board of directors of this association. The finances of professional committees and working committees shall be brought under the unified management of the finance of this association.
- Chapter V Principles of Asset Management and Use
- Article 26 Source of Funds of the Association
- (1) Membership dues;
- (2) Donation and sponsorship;
- (3) Funding received for undertaking matters entrusted by government departments;
- (4) income from activities or services carried out within the approved scope of business;
- (5) Interest;
- (6) Other legal income.
- Article 27 The funds of the Association must be used for the business scope and career development stipulated in this Articles of Association, and may not be distributed among members.
- Article 28 This Association establishes a strict financial management system to ensure that the accounting information is legal, authentic, accurate and complete.
- Article 29 The Association is equipped with professionally qualified accountants. Accounting should not act as cashier. Accountants must perform accounting calculations and implement accounting supervision. When an accountant changes his job or leaves office, he must go through the transfer formalities with clear responsibilities with the succeeding accountant.
- Article 30 The asset management of the Association strictly implements the financial management system stipulated by the competent department, and accepts the supervision of the General Assembly and relevant financial departments. If the source of assets is financial appropriation or social donation or funding, it shall be subject to the supervision of the auditing authority and the relevant situation shall be announced to the society in an appropriate manner.
- Article 31 The assets of the Association shall not be embezzled, privately distributed or misappropriated by any unit or individual.
- Article 32 Every year and before the re-election, the Association shall request a professional auditing firm to audit the annual or entire financial affairs and make an audit report.
Chapter VI Procedures for Amending the Articles of Association
- Article 33 Amendments to the articles of association of the Association shall be submitted to the General Assembly for approval after review by the Council.
- Article 34 The amended articles of association must be submitted to the Social Organizations Administration for approval within 30 days after the general meeting is passed.
- Chapter VII Termination Procedure and Disposal of Property After Termination
- Article 35 When the Association is dissolved for some reason or needs to be cancelled due to division, merger, etc., the Council shall propose a termination motion, which shall be submitted to the General Assembly for approval after review, and shall be submitted to the Social Organization Bureau for review and approval.
- Article 36 Prior to the termination of the Association, a liquidation working group shall be established under the guidance of the competent business unit and relevant departments to clear creditor's rights and debts, and handle aftermath. During the liquidation, not to carry out activities other than liquidation.
- Article 37 This Association shall be terminated after going through the registration cancellation formalities of the Social Organization Administration.
- Article 38 The remaining property after the termination of the Association shall be used for the development of the cause related to the purpose of the Association under the supervision of the competent business unit and the social organization management bureau in accordance with the relevant state regulations.
- Chapter VIII Supplementary Provisions
- Article 39 The Articles of Association were approved by a vote of the members' general meeting on November 12, 2010.
- Article 40 The right to interpret the articles of association belongs to the Council of the Association.
- Article 41 This Article of Association takes effect on the date of approval by the Social Organizations Administration.
- In order to make the China Real Estate Brokers Association an excellent self-regulatory organization, and to contribute to the orderly and healthy development of the real estate industry, this Code of Membership has been formulated:
- Article 1 Members must abide by the laws and regulations of the People's Republic of China and relevant real estate policies and regulations.
Article 2. Members shall engage in consulting, brokering, evaluation, agency and other intermediary services on the principles of voluntariness, fairness, honesty, credit, equality and mutual benefit.
Article 3 Members shall abide by the association's constitution and implement the association's resolutions.
Article 4 Members shall consciously accept the guidance, supervision and management of the competent government department.
Article 5 Members shall abide by the self-discipline conventions of the industry, abide by social morality, improve professional ethics, and standardize operating procedures, and treat and handle complaints correctly in the light of "change if there is any, and encourage if not."
Article 6 Members should care about and support the work of the association, report the situation in a timely manner, provide information, materials and constructive opinions.
Article 7 Members shall actively participate in the activities of the Association and complete the tasks assigned by the Association.
Article 8 Members must participate in various business trainings organized by the association to improve the overall management level of the industry and the professional quality of the team.
Article 9 Members shall consciously maintain the image of the Association and the legitimate rights and interests of the Association. Without authorization and approval, they shall not carry out operations and activities in the name of the Association.
Article 10 Members shall pay dues in accordance with the regulations of the Association.
Article 11 Members should strengthen exchanges, learn from each other, and develop together.
Article 12 Members join the association voluntarily and withdraw from the association freely, but must complete the procedures in accordance with the articles of association.
- The members of this association are unit members and individual members. To apply for membership, the following requirements must be met:
- (1) Real estate brokerage enterprises that have obtained business licenses in accordance with law, as well as enterprises and institutions related to the industry and registered real estate brokers;
- (2) Recognizing the articles of association of the Association;
- (3) Voluntarily join the Association.
- Member membership process:
- (1) Submitting an application for membership;
- (2) The secretariat authorized by the board of directors of this association shall review and agree to it, and issue a membership card.
- Members have the following rights:
- (1) to enjoy the right to vote, to be elected and to vote;
- (2) Participate in related activities organized by the Association;
- (3) Priority of obtaining the services of the Association;
- (4) to have the power to supervise, criticize and advise on the work of the Association;
- (5) requesting the Association to help communicate with relevant parties;
- (6) Volunteer membership and freedom of withdrawal.
- Members shall fulfill the following obligations:
- (1) abide by the constitution of the Association, implement the resolutions of the Association, obey the rules and regulations, and safeguard the interests of the industry;
- (2) Support and participate in the activities of the Association, and complete the work entrusted by the Association;
- (3) Paying dues on time in accordance with regulations;
- (4) Actively report the situation to the Association and provide relevant information and statements.
- Member withdrawal shall submit a written letter to the secretariat of the association and return the membership card.
- Members who fail to pay dues or participate in the activities of the Association for no reason within two years will be deemed to have automatically withdrawn from the Association.
- Any member who seriously violates the regulations or the articles of association of the Association shall be delisted and publicized after being approved by more than two-thirds of the participants of the Council.