State Codes and Statutes

Statutes > New-york > Rpp > Article-12-a > 441-a

§  441-a.  License  and  pocket  card.  1. The department of state, if  satisfied of the competency and trustworthiness of the applicant,  shall  issue  and  deliver  to  him  a  license  in such form and manner as the  department shall prescribe, but  which  must  set  forth  the  name  and  principal  business  address of the licensee, and, in the case of a real  estate salesman, the name and business address of the broker  with  whom  the salesman is associated.    2.  Terms.  A  license issued or reissued under the provisions of this  article shall entitle  the  person,  co-partnership,  limited  liability  company  or  corporation  to  act  as  a  real estate broker, or, if the  application is for a real estate salesman's license, to act  as  a  real  estate  salesman  in this state up to and including the thirty-first day  of October of the year in which the license by its terms expires.    3. Place of business; business  sign  required.  Except  as  otherwise  provided  in  this  article, each licensed real estate broker shall have  and maintain a definite place of business within this state,  and  shall  conspicuously  post  on the outside of the building in which said office  is conducted a sign of  a  sufficient  size  to  be  readable  from  the  sidewalk  indicating  the  name  and  the business of the applicant as a  licensed real estate broker, unless said office shall be located  in  an  office,  apartment  or  hotel  building, in which event the name and the  words "licensed real  estate  broker"  shall  be  posted  in  the  space  provided  for  posting of names of occupants of the building, other than  the mail box. Where the applicant for a  real  estate  broker's  license  maintains  more  than  one place of business, the broker shall apply for  and the department shall issue a supplemental license  for  each  branch  office  so  maintained  upon payment to the department of state for each  supplemental license so issued the same fee prescribed in  this  article  for  a  license  to act as a real estate broker. Each such branch office  shall be under the direct supervision of the broker to whom the  license  is issued, or a representative broker of a corporation or partnership or  manager  of  a limited liability company holding such license, or a duly  appointed office manager. Such fee shall accompany such application  and  shall be non-refundable. For purposes of this subdivision, the principal  residence  of  a  real  estate  broker or salesman shall not be deemed a  place of business solely because such  broker  or  salesman  shall  have  included the residence telephone number in his business cards.    4.  Display  of  license. The license of a real estate broker shall be  conspicuously displayed in his principal place of business at all times.  Licenses issued for branch  offices  shall  be  conspicuously  displayed  therein. The display of a real estate broker's license, the term whereof  has  expired,  by  any person, partnership, limited liability company or  corporation not duly licensed as a real estate broker  for  the  current  license term is prohibited.    5.  Change  of  address.  Notice  in  writing  in  the manner and form  prescribed by the department  shall  be  given  the  department  at  its  offices in Albany by a licensed real estate broker on his own behalf and  on  behalf  of each salesman associated with him of any change in his or  its principal business address. The filing fee of ten dollars  for  each  licensee  named  therein  shall  accompany such notice. Such change by a  licensee without such notification shall operate to suspend his  license  until such suspension shall be vacated by the department.    6.  Pocket card. The department shall prepare, issue and deliver, with  the assistance of the department of motor vehicles, to each  licensee  a  pocket  card  in such form and manner as the department shall prescribe,  but which shall contain the photo, name  and  business  address  of  the  licensee,  and,  in  the  case  of  a real estate salesman, the name and  business address of the broker with whom he or  she  is  associated  andshall  certify  that the person whose name appears thereon is a licensed  real estate broker or salesman, as may be. Such cards must be  shown  on  demand.  In  the  case  of loss, destruction or damage, the secretary of  state  may,  upon  submission  of  satisfactory proof, issue a duplicate  pocket card upon payment of a fee of ten dollars.    7. License term. From and after the date when this  subdivision  shall  take  effect,  the  term for which a license shall be issued or reissued  under this article shall be a period of two years.    8. Death of broker. A license issued to a real estate broker who  was,  at  the time of his death, the sole proprietor of a brokerage office may  be used  after  the  death  of  such  licensee  by  his  duly  appointed  administrator  or  executor  in  the  name  of  the  estate  pursuant to  authorization granted by the  surrogate  under  the  provisions  of  the  surrogate's  court  procedure  act  for  a  period  of not more than one  hundred twenty days from the date of death of such licensee in order  to  complete   any   unfinished   realty  transactions  in  the  process  of  negotiation by the broker or his salesmen existing prior to his decease.  There shall be endorsed upon the face of the license, after the name  of  the  decedent,  the  words "deceased", the date of death and the name of  the administrator or executor under whose authority the license is being  used. The period of  one  hundred  twenty  days  may  be  extended  upon  application  to  the  secretary  of  state, for good cause shown, for an  additional period not to exceed  one  hundred  twenty  days.  A  license  expiring  during such period or extension shall be automatically renewed  and continued in effect during such period or extension. No fee shall be  charged for any such license or renewal thereof.    9. Except for changes made on  a  renewal  application,  the  fee  for  changing an address on a license shall be ten dollars.    10.  Except  for  changes  made  on a renewal application, the fee for  changing a name or for changing the status of  a  real  estate  broker's  license  shall  be  one  hundred  fifty  dollars. The fee for changing a  salesperson's name shall be fifty dollars.    11. If a real estate salesperson shall leave the  service  of  a  real  estate  broker,  the  real  estate  broker  shall  file a termination of  association notice on such form as secretary may designate. The fee  for  terminating  the  record  of  association  shall  be  ten  dollars.  The  salesperson's license may be endorsed to a new  sponsoring  broker  upon  the  establishment  of  a  new  record  of  association  filed  with the  department of state. The fee for filing a record of association shall be  ten dollars.    12. Whenever any person licensed as  a  real  estate  broker  or  real  estate  salesman is convicted in this state or elsewhere of a felony, of  a sex offense, as defined in subdivision  two  of  section  one  hundred  sixty-eight-a  of the correction law or any offense committed outside of  this state which would constitute a sex offense, or a  sexually  violent  offense,  as  defined  in  subdivision  three  of  section  one  hundred  sixty-eight-a of the correction law or  any  offense  committed  outside  this  state which would constitute a sexually violent offense, such real  estate broker or real estate salesman shall  within  five  days  of  the  imposition  of  sentence,  transmit  a certified copy of the judgment of  conviction to the department of state.

State Codes and Statutes

Statutes > New-york > Rpp > Article-12-a > 441-a

§  441-a.  License  and  pocket  card.  1. The department of state, if  satisfied of the competency and trustworthiness of the applicant,  shall  issue  and  deliver  to  him  a  license  in such form and manner as the  department shall prescribe, but  which  must  set  forth  the  name  and  principal  business  address of the licensee, and, in the case of a real  estate salesman, the name and business address of the broker  with  whom  the salesman is associated.    2.  Terms.  A  license issued or reissued under the provisions of this  article shall entitle  the  person,  co-partnership,  limited  liability  company  or  corporation  to  act  as  a  real estate broker, or, if the  application is for a real estate salesman's license, to act  as  a  real  estate  salesman  in this state up to and including the thirty-first day  of October of the year in which the license by its terms expires.    3. Place of business; business  sign  required.  Except  as  otherwise  provided  in  this  article, each licensed real estate broker shall have  and maintain a definite place of business within this state,  and  shall  conspicuously  post  on the outside of the building in which said office  is conducted a sign of  a  sufficient  size  to  be  readable  from  the  sidewalk  indicating  the  name  and  the business of the applicant as a  licensed real estate broker, unless said office shall be located  in  an  office,  apartment  or  hotel  building, in which event the name and the  words "licensed real  estate  broker"  shall  be  posted  in  the  space  provided  for  posting of names of occupants of the building, other than  the mail box. Where the applicant for a  real  estate  broker's  license  maintains  more  than  one place of business, the broker shall apply for  and the department shall issue a supplemental license  for  each  branch  office  so  maintained  upon payment to the department of state for each  supplemental license so issued the same fee prescribed in  this  article  for  a  license  to act as a real estate broker. Each such branch office  shall be under the direct supervision of the broker to whom the  license  is issued, or a representative broker of a corporation or partnership or  manager  of  a limited liability company holding such license, or a duly  appointed office manager. Such fee shall accompany such application  and  shall be non-refundable. For purposes of this subdivision, the principal  residence  of  a  real  estate  broker or salesman shall not be deemed a  place of business solely because such  broker  or  salesman  shall  have  included the residence telephone number in his business cards.    4.  Display  of  license. The license of a real estate broker shall be  conspicuously displayed in his principal place of business at all times.  Licenses issued for branch  offices  shall  be  conspicuously  displayed  therein. The display of a real estate broker's license, the term whereof  has  expired,  by  any person, partnership, limited liability company or  corporation not duly licensed as a real estate broker  for  the  current  license term is prohibited.    5.  Change  of  address.  Notice  in  writing  in  the manner and form  prescribed by the department  shall  be  given  the  department  at  its  offices in Albany by a licensed real estate broker on his own behalf and  on  behalf  of each salesman associated with him of any change in his or  its principal business address. The filing fee of ten dollars  for  each  licensee  named  therein  shall  accompany such notice. Such change by a  licensee without such notification shall operate to suspend his  license  until such suspension shall be vacated by the department.    6.  Pocket card. The department shall prepare, issue and deliver, with  the assistance of the department of motor vehicles, to each  licensee  a  pocket  card  in such form and manner as the department shall prescribe,  but which shall contain the photo, name  and  business  address  of  the  licensee,  and,  in  the  case  of  a real estate salesman, the name and  business address of the broker with whom he or  she  is  associated  andshall  certify  that the person whose name appears thereon is a licensed  real estate broker or salesman, as may be. Such cards must be  shown  on  demand.  In  the  case  of loss, destruction or damage, the secretary of  state  may,  upon  submission  of  satisfactory proof, issue a duplicate  pocket card upon payment of a fee of ten dollars.    7. License term. From and after the date when this  subdivision  shall  take  effect,  the  term for which a license shall be issued or reissued  under this article shall be a period of two years.    8. Death of broker. A license issued to a real estate broker who  was,  at  the time of his death, the sole proprietor of a brokerage office may  be used  after  the  death  of  such  licensee  by  his  duly  appointed  administrator  or  executor  in  the  name  of  the  estate  pursuant to  authorization granted by the  surrogate  under  the  provisions  of  the  surrogate's  court  procedure  act  for  a  period  of not more than one  hundred twenty days from the date of death of such licensee in order  to  complete   any   unfinished   realty  transactions  in  the  process  of  negotiation by the broker or his salesmen existing prior to his decease.  There shall be endorsed upon the face of the license, after the name  of  the  decedent,  the  words "deceased", the date of death and the name of  the administrator or executor under whose authority the license is being  used. The period of  one  hundred  twenty  days  may  be  extended  upon  application  to  the  secretary  of  state, for good cause shown, for an  additional period not to exceed  one  hundred  twenty  days.  A  license  expiring  during such period or extension shall be automatically renewed  and continued in effect during such period or extension. No fee shall be  charged for any such license or renewal thereof.    9. Except for changes made on  a  renewal  application,  the  fee  for  changing an address on a license shall be ten dollars.    10.  Except  for  changes  made  on a renewal application, the fee for  changing a name or for changing the status of  a  real  estate  broker's  license  shall  be  one  hundred  fifty  dollars. The fee for changing a  salesperson's name shall be fifty dollars.    11. If a real estate salesperson shall leave the  service  of  a  real  estate  broker,  the  real  estate  broker  shall  file a termination of  association notice on such form as secretary may designate. The fee  for  terminating  the  record  of  association  shall  be  ten  dollars.  The  salesperson's license may be endorsed to a new  sponsoring  broker  upon  the  establishment  of  a  new  record  of  association  filed  with the  department of state. The fee for filing a record of association shall be  ten dollars.    12. Whenever any person licensed as  a  real  estate  broker  or  real  estate  salesman is convicted in this state or elsewhere of a felony, of  a sex offense, as defined in subdivision  two  of  section  one  hundred  sixty-eight-a  of the correction law or any offense committed outside of  this state which would constitute a sex offense, or a  sexually  violent  offense,  as  defined  in  subdivision  three  of  section  one  hundred  sixty-eight-a of the correction law or  any  offense  committed  outside  this  state which would constitute a sexually violent offense, such real  estate broker or real estate salesman shall  within  five  days  of  the  imposition  of  sentence,  transmit  a certified copy of the judgment of  conviction to the department of state.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rpp > Article-12-a > 441-a

§  441-a.  License  and  pocket  card.  1. The department of state, if  satisfied of the competency and trustworthiness of the applicant,  shall  issue  and  deliver  to  him  a  license  in such form and manner as the  department shall prescribe, but  which  must  set  forth  the  name  and  principal  business  address of the licensee, and, in the case of a real  estate salesman, the name and business address of the broker  with  whom  the salesman is associated.    2.  Terms.  A  license issued or reissued under the provisions of this  article shall entitle  the  person,  co-partnership,  limited  liability  company  or  corporation  to  act  as  a  real estate broker, or, if the  application is for a real estate salesman's license, to act  as  a  real  estate  salesman  in this state up to and including the thirty-first day  of October of the year in which the license by its terms expires.    3. Place of business; business  sign  required.  Except  as  otherwise  provided  in  this  article, each licensed real estate broker shall have  and maintain a definite place of business within this state,  and  shall  conspicuously  post  on the outside of the building in which said office  is conducted a sign of  a  sufficient  size  to  be  readable  from  the  sidewalk  indicating  the  name  and  the business of the applicant as a  licensed real estate broker, unless said office shall be located  in  an  office,  apartment  or  hotel  building, in which event the name and the  words "licensed real  estate  broker"  shall  be  posted  in  the  space  provided  for  posting of names of occupants of the building, other than  the mail box. Where the applicant for a  real  estate  broker's  license  maintains  more  than  one place of business, the broker shall apply for  and the department shall issue a supplemental license  for  each  branch  office  so  maintained  upon payment to the department of state for each  supplemental license so issued the same fee prescribed in  this  article  for  a  license  to act as a real estate broker. Each such branch office  shall be under the direct supervision of the broker to whom the  license  is issued, or a representative broker of a corporation or partnership or  manager  of  a limited liability company holding such license, or a duly  appointed office manager. Such fee shall accompany such application  and  shall be non-refundable. For purposes of this subdivision, the principal  residence  of  a  real  estate  broker or salesman shall not be deemed a  place of business solely because such  broker  or  salesman  shall  have  included the residence telephone number in his business cards.    4.  Display  of  license. The license of a real estate broker shall be  conspicuously displayed in his principal place of business at all times.  Licenses issued for branch  offices  shall  be  conspicuously  displayed  therein. The display of a real estate broker's license, the term whereof  has  expired,  by  any person, partnership, limited liability company or  corporation not duly licensed as a real estate broker  for  the  current  license term is prohibited.    5.  Change  of  address.  Notice  in  writing  in  the manner and form  prescribed by the department  shall  be  given  the  department  at  its  offices in Albany by a licensed real estate broker on his own behalf and  on  behalf  of each salesman associated with him of any change in his or  its principal business address. The filing fee of ten dollars  for  each  licensee  named  therein  shall  accompany such notice. Such change by a  licensee without such notification shall operate to suspend his  license  until such suspension shall be vacated by the department.    6.  Pocket card. The department shall prepare, issue and deliver, with  the assistance of the department of motor vehicles, to each  licensee  a  pocket  card  in such form and manner as the department shall prescribe,  but which shall contain the photo, name  and  business  address  of  the  licensee,  and,  in  the  case  of  a real estate salesman, the name and  business address of the broker with whom he or  she  is  associated  andshall  certify  that the person whose name appears thereon is a licensed  real estate broker or salesman, as may be. Such cards must be  shown  on  demand.  In  the  case  of loss, destruction or damage, the secretary of  state  may,  upon  submission  of  satisfactory proof, issue a duplicate  pocket card upon payment of a fee of ten dollars.    7. License term. From and after the date when this  subdivision  shall  take  effect,  the  term for which a license shall be issued or reissued  under this article shall be a period of two years.    8. Death of broker. A license issued to a real estate broker who  was,  at  the time of his death, the sole proprietor of a brokerage office may  be used  after  the  death  of  such  licensee  by  his  duly  appointed  administrator  or  executor  in  the  name  of  the  estate  pursuant to  authorization granted by the  surrogate  under  the  provisions  of  the  surrogate's  court  procedure  act  for  a  period  of not more than one  hundred twenty days from the date of death of such licensee in order  to  complete   any   unfinished   realty  transactions  in  the  process  of  negotiation by the broker or his salesmen existing prior to his decease.  There shall be endorsed upon the face of the license, after the name  of  the  decedent,  the  words "deceased", the date of death and the name of  the administrator or executor under whose authority the license is being  used. The period of  one  hundred  twenty  days  may  be  extended  upon  application  to  the  secretary  of  state, for good cause shown, for an  additional period not to exceed  one  hundred  twenty  days.  A  license  expiring  during such period or extension shall be automatically renewed  and continued in effect during such period or extension. No fee shall be  charged for any such license or renewal thereof.    9. Except for changes made on  a  renewal  application,  the  fee  for  changing an address on a license shall be ten dollars.    10.  Except  for  changes  made  on a renewal application, the fee for  changing a name or for changing the status of  a  real  estate  broker's  license  shall  be  one  hundred  fifty  dollars. The fee for changing a  salesperson's name shall be fifty dollars.    11. If a real estate salesperson shall leave the  service  of  a  real  estate  broker,  the  real  estate  broker  shall  file a termination of  association notice on such form as secretary may designate. The fee  for  terminating  the  record  of  association  shall  be  ten  dollars.  The  salesperson's license may be endorsed to a new  sponsoring  broker  upon  the  establishment  of  a  new  record  of  association  filed  with the  department of state. The fee for filing a record of association shall be  ten dollars.    12. Whenever any person licensed as  a  real  estate  broker  or  real  estate  salesman is convicted in this state or elsewhere of a felony, of  a sex offense, as defined in subdivision  two  of  section  one  hundred  sixty-eight-a  of the correction law or any offense committed outside of  this state which would constitute a sex offense, or a  sexually  violent  offense,  as  defined  in  subdivision  three  of  section  one  hundred  sixty-eight-a of the correction law or  any  offense  committed  outside  this  state which would constitute a sexually violent offense, such real  estate broker or real estate salesman shall  within  five  days  of  the  imposition  of  sentence,  transmit  a certified copy of the judgment of  conviction to the department of state.