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Process & Requirements to Register a Real Estate Company RegistrationReal Estate Company Registration in Pakistan

Real Estate Business Registration

For a real estate business registration in Pakistan, you would need to go through a series of steps. Firstly, you would need to select a business structure, such as a sole proprietorship, partnership firm, or a limited liability company. Next, you would have to reserve a company name for your business with the Securities and Exchange Commission of Pakistan (SECP).

Additionally, you must register for tax purposes with the Federal Board of Revenue (FBR) to obtain a National Tax Number (NTN) and Sales Tax Registration Number (STRN). It is also imortant to register with relevant real estate regulatory bodies like the All Pakistan Real Estate Agents Association.

Furthermore, opening a business bank account in the name of your real estate business is important. You also have to obtain any required licenses and permits from regulatiry authorities.

Requirements to Register a Real Estate Company

To register a real estate company in Pakistan, following documents are required to be submitted for the company registration process:

  • Name Reservation Certificate: Prior to company registration, company name is required to be reserved by filing an application. After reservation of company name, SECP’s Name Reservation Department shall issue a Certificate.
  • Memorandum of Association (MOA): This document outlines the company’s name, objectives, office address, shareholders, share details etc.
  • Articles of Association (AOA): The Articles of Association specifies the internal regulations and governance of the company.
  • Proof of Address: If the business address is rented premises, then a lease agreement but if it is a self-owned property then proof of ownership.
  • Form-II: This is an application form that contains basic information about the company, such as the name, registered address, and details of directors and shareholders, number of shares, contact information etc.
  • Form 21: It includes the consent of the directors to act as directors of the company.
  • Form 29: This form provides details of the registered office address of the company.
  • Copy of CNIC or Passport: You will need to provide copies of the national identity card or passport of the directors and shareholders.
  • Digital Signature: Each director must have a digital signature issued by the National Institutional Facilitation Technologies (NIFT).
  • Bank Challan: The payment receipt for the registration fee needs to be submitted along with the application.

Following the issuing of the incorporation certificate, the company is required to have the following documents:

  1. Open a business bank account . This account should be kept with a commercial bank.
  2. The amount of paid-up capital is to be put in the bank account of the authorized director.
  3. The auditor may then issue an approval form for depositing the paid-up capital amount.
  4. Statutory returns must be filed in the SECP’s office.

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How to Register Real Estate Company in Pakistan?

Real Estate Company Registration Process

Real estate company registration in Pakistan is a lengthy process because it involves certain registrations such as company registration with SECP, registration with FBR, business bank account, registration with the Real Estate Regulatory Authority and registration with All Pakistan Real Estate Association etc. Although requirements depend upon the type of a company as well as nature of the business, but here are general steps to register a real estate business in Pakistan;

  • Step 1
  • Step 2
  • Step 3
  • Step 4
  • Step 5
  • Step 6
  • Step 7
  • Step 8

Company Name Reservation

First step is a selection of a unique and appropriate name for your company and then its reservation at the online portal of SECP. There are few restrictions and prohibitions for selecting name so make sure it complies with the guidelines provided by the SECP.

Memorandum and Articles of Association

Second step is the preparation of the Memorandum of Association (MOA) and Articles of Association (AOA) for your company. Memorandum of Association is a constitution of the company that confirms certain details such as name of a company, object and scope, registered office address of company, capital and authorized share amount and details of shareholders. Whereas, Articles of Association is a document that prescribe the rules about the company structure and management of the company.

Filing Application in SECP

Once the documents are prepared then it comes to the preparation of Form-II under Companies (Incorporation) Regulation of 2017 to be filed alongwith certain details and required documents. This form can be filed through online as well as manually, depending upon the circumstance and nature of company. However, if filed online then it requires obtaining a digital signature.

Payment of Fees & Approval

After submission of all the documents alongwith Form-II, you need to pay the registration fees online through the SECP’s portal or by any other means. After depositing fee, transaction receipt is also required to be submitted in the office of Company Registrar. A Company Registrar Office of SECP will review the application and annexed documents and afterwards in case of no objections, a certificate of incorporation and a registration number will be issued.

Registration in FBR & NTN Certificate

After incorporation of a company, the same is also to be registered in the Federal Board of Revenue and a National Tax Number (NTN) is to be issued on the name of a company because company is a legal person that is subject to payment of income tax, sales tax, and any other applicable taxes with the Federal Board of Revenue (FBR).

Opening a Bank Account

Once you have the certificate of incorporation and NTN Certificate, you can open a business bank account in the name of your company. After opening an account, the bank will issue an Account Maintenance Certificate. Opening a bank account is mandatory as authorized capital amount is to be deposited and all the financial transactions of the company shall be done through business bank account.

Submission of Statutory Returns

After opening a bank account, all the required documents including Incorporation Certificate, NTN Certificate, Account Maintenance Certificate, Memorandum and Articles of Association, Form-A/B and Form 29 are to be filed in the office of Company Registrar, SECP for compliance of filing statutory returns.

Registration with APREA

Lastly, you would need to register your company with the All Pakistan Real Estate (Agents) Associations. This association is basically connects developers, brokers, and consumers in real estate market which recognizes professional real estate agents, promoting accountability, supporting transparency in transactions and serves as bridge for legislative reforms between government and public.

Registration of Real Estate Company in Pakistan

In Pakistan, there is a procedure for registering real estate. The stages that must be taken by a real estate firm in Pakistan are as follows:

  • The company’s designated directors are required to obtain their SECP login credentials. This will request their contact information as well as some background information.
  • The authorities will then examine the company’s name. SECP will check to see if the company’s chosen name is available.
  • The third step is to submit an application for company formation. The form must be filled on behalf of the company’s information, such as its office location, linked persons, capital information, and so on.

This document must be presented with the following four documents:

  1. The designated directors’ national identification cards.
  2. Articles of incorporation.
  3. SECP receives a letter stating that a name is available.
  4. Association Memorandum.

The key step after completing these stages is to submit an application to the SECP office for the issuance of the company’s “registration certificate.” This will necessitate the payment of the registration cost.

The Registrar may then specify the amount of time needed to complete the “incorporation certificate.”

Following the issuing of the incorporation certificate, the company is required to have the following documents:

  1. Open a business bank account . This account should be kept with a commercial bank.
  2. The amount of paid-up capital is to be put in the bank account of the authorized director.
  3. The auditor may then issue an approval form for depositing the paid-up capital amount.
  4. This information must be provided to SECP’s office by filing statutory returns.

Finally, the business might approach the Federal Board of Revenue. The corporation can get itself registered for taxes such as:

  1. Income tax registration at the Regional Taxation Office
  2. Registration for sales tax.

Laws for Real Estate Business in Pakistan

Section 3 of the Real Estate Agents and Motor Vehicle Dealers Regulation of Business Ordinance, 1980, which deals with the prohibition of real estate business without registration.

According to this section, no individual can conduct or carry out real estate business activities unless they are registered with the designated registering authority and possess a valid certificate issued by that authority. However, there is a provision for individuals who were already engaged in real estate business on the date when this ordinance came into effect. These individuals have a grace period of 90 days to apply for registration without facing any penalties.

Furthermore, if a person who was already operating as a real estate agent fails to apply for registration within the specified 90-day period, the registering authority has the discretion to accept their late application.

This provision aims to regulate the real estate sector by ensuring that all individuals involved in real estate business are registered and compliant with the law. It provides a transition period for existing businesses to come into compliance with the registration requirements.

Section 09 of the said Ordinance deals with the cancellation and suspension of registration, while Section 10 focuses on offenses and penalties.

Section 09 of the Ordinance states that the registering authority has the power to cancel or suspend a certificate if a real estate agent breaches any conditions of the certificate or engages in malpractices such as maintaining incorrect transaction accounts, conducting transactions despite knowing title defects, or charging higher commissions than allowed. The authority can impose a suspension of up to three months for a first breach and up to six months for subsequent breaches. Importantly, the individual must be given a chance to explain their side within 15 days of receiving the notice before any order is passed.

While Section 10 of the Ordinance, outlines the penalties for violating the ordinance. Anyone found guilty of violating the ordinance could face simple imprisonment for up to six months, a fine ranging from ten to 5000, or both.

These sections aim to regulate the real estate dealer sectors by establishing consequences for non-compliance and malpractices, ensuring accountability and adherence to the law.

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What is The Case Lawyer?

The Case Lawyer is a full-service law firm that is being driven by the expert lawyers of multiple domains such as Family & Personal Laws, Property & Revenue Laws, Financial Law, Corporate and Tax Laws, Information Technology Laws, International Laws, Offshore Business Laws, and obviously Immigration Laws of different countries.

The Case Lawyer is popular among the overseas community due to its transparent mechanism as well as cost-efficiency. Firm’s majority clients are non-resident Pakistanis which are satisfy with the legal services provided by the firm and definitely dispute resolution for overseas Pakistanis.

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Our Customized Support for Expatriates

We have customized legal and litigation support for overseas Pakistanis as no other law firm in Pakistan is able to offer customized legal support. We have break down the entire process as follows;

  1. Initial Legal Consultancy
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We are virtually available 24/7 for your live legal support where you can discuss your concerns with our expert lawyers of multiple domains. You need to call on our business number and confirm appointment which is free of cost for initial consultation for 15 minutes but due to shortage of time and number of queries you need to pay 5000/- for subsequent consultation for next 30 minutes discussion with our lawyer.

Accessing Legal Services from Abroad

We are serving our expatriates Pakistanis who are residing everywhere in the world from Australia, New Zealand, United Kingdom, Europe, United States, Canada, KSA, UAE, Qatar, Turkey, and other countries. We have redressed the grievance of hundreds of overseas clients who are satisfied with our extra-ordinary services and prompt responses.

Transparency in Legal Services

Transparency in legal services for overseas Pakistanis is core concern which also is our main consideration. As most of the overseas Pakistani while residing abroad do not know what proceedings are being conducted in the court by their lawyers in Pakistan and this causes lack of trust and mis-information. We keep our overseas clients up to date regarding their case and clients are being informed through electronic mail and WhatsApp. We also share with them court orders which able them to understand what proceedings are being conducted by our lawyers.

Honest Communication with Overseas Clients

We prefer reputation over money and this aspect makes us well reputed organization. Our communication with the clients is privileged in accordance with the legal ethics so we you must believe that we provide you an honest solution and our conversation with you is protected.

Transparent Fee Structure for Legal Services

We prepare invoice after case analysis which clearly reflects documentation & filing expenses including court fee, lawyer’s professional fee, clerical expenses and other miscellaneous expenses which may incur time to time. This mechanism eliminates hidden cost which protects our client’s monetary concerns.

Furthermore, for convenience of Pakistani Expats we also have an option of installment plans but this varies upon case to case.

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