(The Decision of the Government of the Shanghai City of 15 August 1994 to amend and make public the decisions of the Government of the Shanghai Municipalities to amend the provisions of the 68 regulations, such as the deep-sea management approach to the Shanghai City, in accordance with Order No. 16 of 7 May 2014.

Chapter I General

Article 1 establishes this provision in order to develop and regulate the current market for property and to strengthen the management of property brokering activities.

Article 2 refers to the operation of the property brokers referred to in this Article, which refers to the development, transfer, collateral, leased party (hereinafter referred to as a identifiable party) for the provision of the services such as the introduction, representation, counselling and etc. However, the State's land-use rights-induced brokering activities are excluded.

The property broker referred to in this provision refers to organizations and individuals with the conditions of the broker, authorized by the business administration and licensed to perform property brokering activities.

Article 3

Unregistered real estate brokers in this city shall not engage in brokering activities in the present municipal properties.

Article IV. The Municipal Housing Land Authority (hereinafter referred to as the Municipal Housing Authority) and the Municipal and Business Administration Authority are the competent authority for the operation of the current municipal property broker. The District, the Territorial Authority and the Department of Housing in the Philip New Region (hereinafter referred to as zones, district housing units) and the District and the Territorial Business Administration are the competent authority for property brokering activities in this administrative area.

The city and district, district property transaction management is responsible for the day-to-day management of property brokers.

Chapter II

Article 5 allows persons who have attained the age of 18 years, have a permanent household and higher level of culture, to apply for property brokering activities, in accordance with the Integrated Training and Appraisal Licence granted by the Municipal Housing Authority. However, the State and the city stipulate that persons who are not allowed to work.

Article 6 Applications for the establishment of a property broker shall have the following conditions:

(i) More than five persons have obtained the eligibility certificate for property brokers in the Shanghai City;

(ii) More than 100,000 people's currency funds;

(iii) The statute of the organization with clear purposes of operation;

(iv) There are fixed operating sites.

Article 7. The application to become an individual property broker shall have the following conditions:

(i) A certificate of eligibility for property brokers in the Shanghai City;

(ii) There are more than 20,000 yen money or property guarantees to which the guarantor provides value of over 20,000 people's currency;

(iii) There are fixed brokering activities;

(iv) No criminal record within three years prior to the application.

Article 8. The application to become a property broker shall apply for registration to the business administration in the place of business. The business administration sector should be registered and licensed to operate in accordance with the conditions set out in this article; it is not registered.

Within 30 days of receipt of a business licence, the property brokers should be made available to the area in which the business registration authority is located, and to the district property transaction management case.

Chapter III Translator management

Article 9

A person holding the title of the top commune property broker must engage in property brokering in the name of the property broker.

Article 10 Property brokers should enter into property broker contracts with the parties by providing interlocutory briefings, agents or advisory services.

The property broker contract should include the following key elements:

(i) The mark (conductor matters);

(ii) Requirements and standards for brokering matters;

(iii) Terms for contract performance;

(iv) The amount of service and the manner of payment;

(v) Violations of responsibility and dispute resolution;

(vi) Other elements agreed by the parties.

Article 11. The property broker contract cannot be performed or cannot be fully performed, and the owner does not collect or reduce the collection of services. However, the absence of the parties was caused.

As a result of the negligence of the owner of the property broker, the owner should be liable.

Article 12. After the conclusion of the property broker contract with the parties, the transfer of the other agent shall be subject to the consent of the party and shall not increase the cost of services.

Article 13. The cost of services for property brokering activities is freely agreed by the owner and by the owner within the fees set out below and delivered within the period of implementation of the property brokering contract:

(i) Presentations, the sale of property, the transfer of State land-use rights, and the collection of goods at the same time as 3 per cent of the price;

(ii) Location, representation and rental of State land-use rights, which are charged on the basis of 70 per cent of the monthly rent;

(iii) The inter-community presentation, the exchange of manpowered homes, which is charged by 1 per cent of the value of the real estate assessment.

The standard of service costs was agreed upon by the parties in consultation.

Article 14. Real estate brokers should sound financial accounting systems, establish accounting books and prepare financial statements. The fees should be charged with the unification of invoices in Shanghai City, and the proceeds should be taxed by law.

Article 15. The housing sector should monitor and inspect the operation of property brokers. Real estate brokers should submit operational statistical statements to the real estate transaction management on a quarterly basis, and receive a management fee proportion of the proceeds of the brokering activity. The management fee collection criteria are established by the Municipal Prices Agency, the Municipal Finance Bureau and the City Housing Authority.

Article 16 Property brokers can access information on the development of real estates and the sale of information on commodity properties to the real estate management, understand the property market and the policies, regulations and other related documents relating to the real estate market and participate in various related activities.

Article 17 Real estate brokers that develop business enterprises shall not be engaged in property brokers developed by the company.

Real estate brokers may not be part of two or more property brokers.

Article 18 The property broker or termination of brokering activities for other reasons shall be registered with the business administration.

Chapter IV Corporal punishment

Article 19

Article 20 imposes administrative penalties for property brokers in violation of this provision, either by the municipal premises or by the district or district, and by the zone.

(i) No certificate of eligibility for property brokers in the Shanghai City, where they are engaged in property brokering activities, are responsible for the cessation of the offence and may be fined between 1 million and 30,000 dollars;

(ii) In the absence of a prescribed procedure for the processing of cases by the real estate transaction management, the time limit for the replenishment of the office and the fine of €500 to 1000;

(iii) Real estate brokers for the development of business enterprises, which are responsible for the conversion of property brokers developed by the company and may be fined between 5,000 and 3,000 dollars;

(iv) Property brokers operate in conjunction with two or more property brokers to carry out property brokering activities, and are subject to fines from 2000 to $20,000;

(v) The excess of the royalties paid by the owner, which is responsible for refunding the cost of the excess collection and may be fined for a period of between 1 and 3 times the cost of the excess collection, up to 30,000 dollars;

(vi) The imposition of false breaks that undermine the legitimate rights and interests of the parties, imposes compensation for losses and imposes fines of $50 to 3,000.

Article XXI conceals the authenticity of property brokers, the voucher obtained the Certificate of Accreditation in the Shanghai City, which was written off and collected by the Municipal Premier's Office of the Premier Property Accreditation and should be informed in a timely manner of the business administration sector; and the operation project for the write-off of its property brokering activities by the business administration sector in accordance with the conditions of the broker.

Article 2 Administrative penalties should be imposed by administrative penalties; the collection of fines should be made available for the payment of the financial services of the city.

The fine shall be paid in accordance with the regulations.

Article 23 does not correspond to the specific administrative actions of the executive branch and may apply for administrative review or administrative proceedings in accordance with the provisions of the National People's Republic of China Administrative Review Act and the People's Republic of China Administrative Procedure Act.

The parties may apply for the enforcement of the People's Court, in accordance with the provisions of the People's Republic of China Administrative Procedure Act, to the extent that they do not apply for reconsideration, failure to prosecute and failure to perform specific administrative acts.

Chapter V

Article 24 of the present provision provides for the establishment of a property broker previously established before the promulgation of the provision, which shall be subject to the participation of a person who organizes a brokering operation under this provision in the integrated training and examination, and shall obtain a certificate of eligibility for property brokers in the Shanghai City.

Article 25 Specific application issues under this provision are explained by the Municipal Housing Authority and the Municipal Business Administration Authority in accordance with their respective responsibilities.

Article 26