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Company title
Company title is a complex area. Please use the links below to view advice to REINSW members.
The Financial Services Reform Act 2001 (Cth) provides that for the purpose of undertaking valuations of 'company title' valuers are required to hold a Financial Services Licence under the Act.
In investigating the matter of valuing property where company title applies, the REIA has been advised by ASIC that real estate agents are exempt from the licensing regime under the Act in respect of the sale of company title property.
ASIC have identified this as an anomaly in the legislation and accordingly by Class Order [CO 00-213] has exempted real estate agents from the licensing regime under the Act in respect of the sale of company title property.
Read more by clicking here. 
Class Order [CO 05/1243] ensures that persons providing financial services by providing valuations of shares in real estate companies are not subject to the burdensome and inappropriate regulation under the financial services regulatory regime.
The exemption recognises that the valuation of shares in real estate companies is equivalent to valuing and providing advice on the valuation of real estate, rather than providing financial product advice in relation to shares in a company.
Read more by clicking here.
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