If a real estate brokerage is organized as a business entity, it must be licensed as


Business Entities (Firms) and Sole Proprietorships

Licensing FAQs

Question

Answer

1

When do I need a firm license? Any type of business entity, other than a sole proprietorship, must have a firm license to engage in brokerage. Refer to GS 93A-2 .

2

What is an SOSID number? SOSID stands for Secretary of State ID (number). An entity is assigned an SOSID once it is registered with the Secretary of State’s office.

3

I am a Broker named Jane Smith. I want my commission checks to be paid directly to my LLC, which is named Smith Properties LLC. Is that okay? To legally receive compensation for brokerage activities, Smith Properties LLC must obtain a firm license. See GS 93A-1.

4

My sole proprietorship has changed its name. How do I notify the Commission? If the new name is an assumed name, register the assumed name at the Register of Deeds Office in the county in which you will be doing business. Then, submit the "Request Firm Name Change and/or Request to Replace Firm License Certificate or Pocket Card (form REC 1.47) with a copy of the assumed name registration."

5

I am currently operating as a sole proprietorship and want to change to another business entity. How do I make that change? First, create the business entity and register it with the Secretary of State. [You may want the help of an attorney to create and register the entity.]
Next, you must apply for a firm license for the entity. To access the firm license application, go to the Commission’s website (www.ncrec.gov), click on the “Forms” tab, select “Application Forms” and select “Firm Application”.

6

How do I delete a DBA ("trade name") for my real estate business? First, contact the Register of Deeds Office in the county in which your firm is registered in and withdraw the Assumed Name Registration.

Next, complete the "Request FIRM Name Change and/or Request to Replace FIRM License Certificate or Pocket Card (Form REC 1.47)." The Withdrawal Certificate of Assumed Name must be attached, and a fee of $5.00 will apply.The form may be accessed and completed on the Commission’s website under Forms \ Licensee Forms.

7

My firm (business entity) has changed its name. How do I notify the Commission? Complete the "Request FIRM Name Change and/or Request to Replace FIRM License Certificate or Pocket Card (Form REC 1.47)." Documentation showing the legal name change must be attached, and a $5.00 processing fee will apply. The form may be accessed and completed on the Commission's website under Forms \ Licensee Forms.

18VAC135-20-20. Necessity for license (Refer to § 54.1-2106.1 of the Code of Virginia.).

A. Sole proprietor (principal broker owner). A real estate broker's license shall be issued to an individual trading under an assumed or fictitious name, that is, a name other than the individual's full name, only after the individual signs and acknowledges a certificate provided by the board that sets forth the name under which the business is to be organized and conducted, the address of the individual's residence, and the address of the individual's place of business. The board will consider the application of an individual only after the individual is authorized to conduct business in accordance with Chapter 5 (§ 59.1-69 et seq.) of Title 59.1 of the Code of Virginia.

B. Sole proprietor (nonbroker owner), partnership, association, limited liability company, or corporation. Every sole proprietor (nonbroker owner), partnership, association, limited liability company, or corporation must secure a real estate license for its firm before transacting real estate business. This license is separate and distinct from the individual broker license required of each partner, associate, manager of a limited liability company, and officer of a corporation who is active in the firm's brokerage business. Each applicant for such license shall disclose, and the license shall be issued to, the name under which the applicant intends to do or does business and holds itself out to the public. Each applicant shall also disclose the business address of the firm. The board will consider the application of any partnership, association, corporation, or limited liability company only after the entity is authorized to conduct business in accordance with Chapter 5 (§ 59.1-69 et seq.) of Title 59.1 of the Code of Virginia.

C. Each real estate firm is required to have a principal broker whose license is in good standing with the board in order to transact real estate business.

D. Branch office license. If a real estate broker maintains more than one place of business within the state, a branch office license shall be issued for each place of business maintained. Application for the license shall be made on forms provided by the board and shall reveal the name of the firm, the location of the branch office, and the name of the supervising broker for that branch office. The branch office license shall be maintained at the branch office location.

Statutory Authority

§§ 54.1-201 and 54.1-2105 of the Code of Virginia.

Historical Notes

Derived from VR585-01-1 § 2.1, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; Volume 19, Issue 12, eff. April 1, 2003; Volume 31, Issue 26, eff. November 1, 2015; Volume 36, Issue 15, eff. May 1, 2020.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.

What business entity is best for real estate agents?

Every business structure has advantages and disadvantages; however, for most real estate agents and brokers, using an S corporation or LLC is the best option.

Can a Realtor have an LLC in Texas?

Answer: Yes, a sales agent can own his or her own business entity. The entity must, if it engages in real estate brokerage, hold a separate license.

Can a broker be the designated broker for more than one business entity in Texas?

Can a broker be the designated broker for more than one business entity? Answer: Yes.

Can a California real estate agent be a corporation?

A corporation may be licensed as a real estate broker through one or more of its officers who are brokers or have qualified for a broker license by examination within the twelve months preceding receipt of application.