Brokerage Amendments

The Real Estate Act Rules require brokerages to notify the executive director when certain brokerage information changes. How the broker reports the change (the amendment) to the executive director depends on the type of amendment(s) occurring. In some cases, the broker completes/reports the amendment through myRECA, and in others, the broker must contact RECA. All amendments, whether completed/reported through myRECA or in writing, must be reported immediately when they occur and most require a fee of $50.00.

Amendments reported through myRECA:

In these cases, separate written notification is not required. Completing or reporting the amendment through myRECA is considered notification.
For information about how to report brokerage amendments through myRECA, review the myRECA Tutorial - Brokerage Amendments.

Amendments reported in writing (brokerage amendment fee applies for each amendment):

The broker must send written notification of these amendments to RECA via email. Once notified, RECA will create an amendment application in the brokerage’s myRECA account, where the broker will pay the applicable amendment fee(s) and upload the relevant documents, if required.

If the executive director requires additional documentation to support the amendment, the executive director will impose a term on the brokerage’s licence requiring submission of the additional supporting documents within 30 days of the date of notification of the amendment.

Amendment Supporting Documents for Written Notification
(Click on the type of amendment you are reporting to expand for more information)

+ Change of Broker

If the brokerage’s broker is terminated, resigns or is otherwise unable to perform the duties and responsibilities of a broker, the brokerage must cease operations or find another qualified broker.
A broker might not be able to continue to perform their duties and responsibilities as a broker because:

  • of injury, serious illness or disease,
  • the broker is no longer eligible to be a broker given the broker is subject to bankruptcy proceedings, or
  • the brokerage’s officers and directors isolate the broker and prevent the broker from performing the broker’s responsibilities.

The broker who is leaving the brokerage must provide:

1. A Notice of Brokerage Amendment(s) form.
2. A signed, written letter of resignation or termination indicating they wish to cancel their registration as broker, including effective date.
If the broker is deceased, a director, officer or shareholder of the corporation (if the brokerage is a corporation) or a partner of the partnership (if the brokerage is a partnership) may complete the Notice of Brokerage Amendment(s) form on behalf of the deceased broker.

The incoming broker must provide:

  1. A Change of Broker application.

NOTE: if they are the broker at another brokerage, they must advise as to the status of the brokerage they are leaving:

A. If the brokerage they are leaving is closing, the broker must cease the brokerage through their myRECA account.
B. If the brokerage they are leaving will continue to be licensed, a new broker must take their place before the current Change of Broker amendment can be processed. This will require a separate Change of Broker amendment to be completed for the brokerage they are leaving.

2. Additional or relevant documentation to support a "Yes" response to the suitability questions (if applicable).
3. A Broker Management Acknowledgement,(real estate or mortgage) if the incoming broker owns 50% or less of the brokerage.
4. A Continuing Guarantee or Irrevocable Letter of Credit if the incoming broker owns 50% or less of the brokerage.
5. The incoming broker’s licensing fee is required in addition to the amendment fee, and must be paid through the brokerage's myRECA account. Click here for a current fee schedule.
6. An original Certified Criminal Record Check (CCRC) if the broker has not been registered in Alberta within the past 12 months. CCRC requirements can be found here.

+ Brokerage Name

When the brokerage amends its registered corporate or trade name, the broker must provide:

1. A Notice of Brokerage Amendment(s) form.
2. In the case of a corporate name amendment, a copy of the certificate of amendment from Alberta Registries.

In the case of a trade name amendment, the broker must retain the proof of trade name filing from Alberta Registries, or a letter from the Franchisor indicating approval for the brokerage to use the franchise name (if applicable), in their records.

If the new corporate or trade name includes a “.ca,” “.com” or other URL:

  • proof of domain name registration such as a copy of the CIRA registration or equivalent;
  • proof of control of domain at time of amendment; and,
  • acknowledgement to immediately notify RECA in writing in the event of loss of control of domain.

Before registering a corporate or trade name for the brokerage with Alberta Registries, we recommend you search existing brokerage names using the Search for an Industry Professional tool on RECA’s website. All brokerage names must be sufficiently distinct from any other existing brokerage name.

Note: RECA does not permit brokerages to trade in a name that could be potentially misleading. Click here to review RECA’s Brokerage Trade Name Policy.

 

+ Partnership Amendment

If the brokerage partnership is amended, the broker must provide:
A letter summarizing the changes. Depending on what has changed, we may require the following additional supporting documents:

1. A Notice of Brokerage Amendment(s) form.
2. A Brokerage Licence Application For Partnership Structure Amendment form.
3. A copy of the amended partnership agreement.
4. A copy of the proof of filing of the partnership amendment from Alberta Registries.
5. A new Continuing Guarantee and Broker Management Acknowledgement (real estate or mortgage), if the partnership structure change removes the partner that previously provided these.
6. Partnership Summary

 

+ Corporate Access Number

If the brokerage corporation’s Alberta registration/corporate access number has been or will be amended, please contact RECA for further direction.

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