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Law 8 Of 2012, The Profession Of Real Estate Expert And Conditions For The Exercise Of The Profession

Original Language Title: القانون 8 لعام 2012 مهنة الخبير العقاري وشروط ممارسة هذه المهنة

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Law 8 of 2012 Mortgage and Conditions of Practice of the Mortgage


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Act No. 8 /8 of 2012
Date-birth: 2012-02-22 History-Hjri: 1433-03-29
Published as: 2012-02-22
Section: A law.

Information on this Act:
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Law No. 8 of 2012
The Real Estate and Conditions of Practice of the Profession

President

Based on the provisions of the Constitution and as approved by the People's Assembly at its 22nd meeting/3/1433 A.H., 15/2/2012, the following shall be issued. :

Chapter I
Definitions

Article 1

The following words and expressions in the application of the provisions of this Law shall mean the meanings set forth by each of them:

  • Minister: Minister of Finance
  • The Authority: The Authority for the Supervision of Real Estate Financing Law No. 39 of 2009 And his modifications. .
  • Board: Board of directors of the Real Estate Finance Supervision Authority .
  • President of the Board: Chair of the Board .
  • Evaluation Expert: Each natural person approved by the Authority is in its name or for the account of a legal person and for its responsibility to evaluate real estate and determine the value of real estate. .
  • Certificate: Certificate of the real estate evaluation expert issued by the Authority as a result of passing the certification examination according to the provisions .
  • Evaluation Company: Civil or Commercial Company licensed by the Authority for the Practice of the Real Estate Evaluation Profits based on the provisions of the laws in force .
  • Evaluation criteria: UN-Women evaluation criteria .
  • Value of the property: value determined by the licensed assessor assets to the value of the property by purpose of the evaluation process according to evaluation criteria .
  • Professional organization: professional organization of real estate assessment experts .
  • License: Licence to practise the real estate assessment issued by the Authority .
  • Speculation: estimation of real estate value based on comparison with prices in the market by selling and buying operations, which have taken into account as compared to the market value of the real estate by examining the prices paid.

Usually in similar properties. .

Internal Real Estate Assessment Expert: employee of a public or private institution who performs real estate speculation in execution of the ends of the institution he works for .

Chapter II
Licensing of real estate assessor

Article 2

The profession of a real estate assessor provided for in this law may only be exercised by the person who obtained a license from the body in accordance with the provisions of this law and shall be named in the register of real estate assessment experts established by the Authority. .

Article 3

a. Mortgage assessor classifies the oars into (khlajin, resident, two-year residents).

b. The Council shall, by decision, set out the conditions for the classification of experts and issue a nominal table by classifying them .

Article 4

The Authority grants a license to the real estate assessment profession for natural persons who possess the certificate of a real estate assessor in accordance with the provisions of this law, who have completed the training requirements and grant the authority to the evaluation companies, according to the provisions. Legislative Decree No. 29 of 2011 and its amendments and to these companies the practice of assessing real estate, provided that all their partners are licensed in accordance with the provisions of this law and according to the categories of their partners' licensing. .

Article 5

The duration of the licence is determined for the real estate assessor with a full year, renewable, provided that the conditions for continuous training are met and an annual allowance determined by the Authority .

Article 6

Evaluation experts licensed in accordance with the provisions of this Law may establish Syrian assessment companies in which professional companies contribute.

International under the following conditions:

a. The minimum contribution of the international company as a legal person is 25 percent and does not exceed 49 percent of the capital.

b. The rest of the company's partners will be certified Syrian public assessors in accordance with the provisions of this law and increase their length of experience over three years after obtaining the license or after obtaining an internationally recognized certificate.

c. Syrian assessment experts shall not represent, promote or act on behalf of non-Syrian international companies or use their trademarks or commercial name .

Dr. One of the Syrians may be a professional partner in the international company. .

e. Professional company member to sign evaluation reports .

And. Evaluation companies registered under the provisions of this article may use non-Syrians only after they have received work leave from the Ministry of Social Affairs and Labour .

Article 7

a. The foreign partner is entitled to transfer his annual profits in addition to his share of property rights when the company is liquidated or withdraws from it outside Syria after paying taxes on these profits. .

b. The liquidation or withdrawal of the professional company does not affect the professional responsibility for the work carried out during the presence of the international company .

Article 8

void of any contract or document that violates the provisions of the establishment contract or the statute of the professional company .

Chapter III
Conditions of Progress for Certificate Examination

Article 9

The applicant is required by the applicant to:

1. To have the nationality of the Syrian Arab Republic and in its judgement .

2. To be fully civil and resident in the territory of the Syrian Arab Republic .

3. To have a university degree in economy, rights, civil or architectural engineering and other terms of reference that the Board considers to include .

4. At least 25 years old at the date of the examination .

5. Do not be sentenced to a felony or indecent offence or a breach of the Secretariat .

6. To have spent a minimum of two years after graduation as an intern with a real estate assessor or a Syrian real estate assessment company with assets registered in the registry where he is serving as an assistant to an evaluation expert. .

Chapter IV
Committee for the Admission and Supervision of the Examination

Article 10

The Certificate of Real Estate Assessment Expert shall be conducted under the authority of the Authority at least once a year .

Article 11

a. By decision of the President of the Board, the Admission and Examination Committee shall be constituted as follows:

1. Director General of the Commission .

2. Delegate to the Public Foundation for Housing from the Leave Campaign in Engineering as Vice President .

3. Delegate to the Public Authority for Development and Real Estate Investment .

4. A delegate from professional organization once formed, provided that it is from the university degree campaign in one of the accepted terms of reference for the certificate examination. .

5. Engineering Expert nominated by the Engineers Association .

6. Legal expert nominated by the Bar Association .

7. An economist nominated by the Federation of Chambers of Commerce .

8. Financial expert working in accordance with international evaluation criteria nominated by UN-Women .

9. A real estate expert from the university leave campaign staff of the Directorate General of Real Estate Interests called by the Ministry of Local Administration .

b. The Committee shall meet at the invitation of its President and issue its decisions in the majority and in the event of equal votes by the President. .

c. Meetings of the Legal Committee shall be considered only in the presence of two thirds of the members, including the Chairperson or Deputy Chairperson in the absence of such meetings .

Dr. The rules and rules for the examination shall be determined by decision of the Board on the proposal of the Committee .

Article 12

a. Functions of the Committee ..

1. To propose the terms and conditions of acceptance and supervision of the examination and to propose its decisions and submit them to the Council for approval .

2. Examination of applications for the examination and determination of a real estate assessment expert .

3. Supervision of the examination .

4. Raise the draft resolution required by successful names to the Council for approval of assets.

b. The Admission and Examination Committee shall grant a reward for such acts to be determined by decision of the Council. .

Article 13

The Authority shall set a date for conducting a test for all March of a real estate assessment profession from jury and restricted experts to the Civil Start Courts prior to the operation of this law, in which the conditions in which it is met are available for once and are exempted from the training requirement. .

Article 14

The President of the Council shall issue a decision containing the names of the successful candidates for examination and testing and his/her decisions are not subject to appeal and review and to correct material errors by decision of the Board. .

Article 15

a. The winners of this exam and the test are registered in the register of real estate assessors accredited to the Authority as a metaphor after they have been sworn in before the Civil Start Court. .

b. Opens in the body a register of the names of licensed real estate experts, in which they have the necessary information. .

Article 16

A certificate of a real estate assessment is granted to those who have successfully passed the examination or test conducted by the Board and signed by the President of the Board .

Rule 17

Reservation of all papers and records and such documents as the Committee for Admission and Examination in the Commission .

Chapter V
Real Estate Evaluation Practice

Rule 18

The real estate assessment experts who are licensed and licensed are subject to the conditions of practice contained in this law and the regulatory decisions made thereunder. .

Rule 19

a. The task of the real estate assessment expert to assess the value of real estate property for multiple purposes determined by organizational decisions .

b. The real estate assessment expert is on assignment on the written assignment of the author and presents the outcome of his work in the form of an evaluation report .

c. The report prepared by the expert may be used only for the purposes for which the evaluation has been carried out .

Rule 20

a. A real estate assessment expert may not be a staff member of the financial institution who is funding or will use the evaluation report for the purpose of obtaining funding .

b. The real estate assessor should be impartial towards the property owners, subject to the evaluation in charge of it and its parties, and that it has no direct or indirect personal interest or close to the fourth degree between it and any of the parties to which the evaluation is in its interest or with a charge to be assigned to it under the authority of the property. Request the response of the expert from the Authority upon request submitted by the stakeholder within fifteen days of the date of appointment .

Rule 21

a. The real estate assessor must submit to the Authority a periodic (semi-annual) report on their registered trainees and their commitment to the training requirements .

b. For the purposes of renewal of the registration and certification licence, the real estate assessor must attend training courses for at least 15 training hours over the last three years in the estimation of values or in any other subjects deemed necessary by the Committee .

c. The agency has tests every three years to evaluate the expert's performance of its work and its ability to absorb real estate market variables. .

Dr. Requirements for reporting and retention of records shall be determined by decision of the Board .

Rule 22

Real estate assessment experts must be used in each financing operation with a real estate guarantee in accordance with the provisions of the laws in force. .

Rule 23

An internal real estate assessor may not do real estate speculation for the non-establishment he works for. .

Rule 24

No person may designate any person to carry out evaluation or speculation of real estate assessment experts registered with the Authority .

Rule 25

Real estate assessment experts in all categories (natural or legal persons) are subject to the control of the Authority in the performance of their tasks. .

Rule 26

a. The Authority shall issue a regulation on how to perform the evaluation work in terms of (the basis for evaluation, evaluation criteria, fees, methods and how to prepare their own reports and templates) and other conditions .

b. The Authority adopts the national standards for real estate assessment of financing and real estate investment targets, which are consistent with international standards. .

c. The Entity, in collaboration with the Insurance Supervisory Authority, develops evaluation criteria for insurance purposes .

Rule 27

An evaluation expert designated to guess or evaluate a property may be removed only after completion of his or her assignment or due to proven professional negligence. .

Rule 28

Taking into account provisions The law. 39 2009 and its amendments No assessment reports of real estate assets may be accepted in front of any administrative, judicial or banking authority unless they are certified and signed by a real estate evaluation expert .

Rule 29

to be determined by decision of the Minister based on the Board's proposal of the licence fee and allowances for the certification, certification and renewal examination .

Rule 30

a. Experts and real estate assessment companies are subject to income tax on speculation and evaluation carried out with the Syrian public, joint and cooperative sector, financial institutions, including banks, insurance and reinsurance companies, savings institutions, foreign companies and mixed companies, or For her benefit and meet the income tax in the manner of assessment, at the rate of 10 % of the amounts charged by the real estate resident and determined in the performance of the amounts subject to the tax. .

b. Experts and real estate assessment companies are subject to speculation and evaluation carried out with those who are not enumerated in paragraph (a) above the provisions Income Tax Act 34 of 2003 And his modifications. .

c. The parties mentioned in paragraph (a) of this article that make payment of taxable amounts shall deduct this tax to the Treasury's account and pay it to the public treasury funds within the first fifteen days of the month following the month of performance of the amounts. .

Dr. If the parties listed in paragraph (a) do not cut and pay the tax within the period specified in the preceding paragraph or are not reimbursed, they shall be required by tax not paid in addition to the fine provided for in section 107 of the Income Tax Act 24 of 2003 and its amendments .

Rule 31

a. A professional organization of experts and evaluation companies subject to the provisions of this law shall have legal personality and shall be considered by all Syrian experts and evaluation companies to be members of this organization. .

b. The organization takes care of the interests of its members, the application of the rules of practice and the representation of evaluation offices and companies in any quarter with regard to the work of speculation or evaluation. .

c. The statute of the organization determines its nature, functions and responsibilities, the provisions and procedures of its governing body, its governing body, membership allowance, annual subscription and disciplinary proceedings against its members .

Dr. The Minister shall issue a decision on the Council's proposal to adopt the establishment and certification of its system. .

e. The Commission shall be represented by its representative to attend meetings of the Governing Council and committees emanating from it without the right to vote on resolutions .

Chapter VI
Discipline and penalties

Rule 32

a. If the assessor commits any violation of the provisions of this Law or present an act in breach of his or her responsibilities or the norms and standards of the practice and etiquette of the evaluation profession or has committed misconduct to its place, it shall be referred to a disciplinary committee formed by the body in cooperation with the professional organization. .

b. The Disciplinary Committee referred to in paragraph (a) by decision of the Minister shall form the following form:

  • Judge at the rank of adviser designated by the Minister of Justice
  • Member of the Governing Council Member
  • Two of the professional organization or of the experts licensed by the Board are members
  • A jury expert with the courts is a member of the profession.

The Committee has access to those who see it appropriate in carrying out its mission. .

c. Without prejudice to any penalty provided for in other legislation, the real estate assessor is punishable by one of the following disciplinary penalties. :

1. Linear Alert

2. Linear Warning

3. Suspensive of the profession for no more than three years .

4. revoke license .

Dr. The Committee's decision shall be issued in the majority and in case votes are equal to the President. .

e. The decision of the Disciplinary Committee shall be subject to the approval of the Council if one of the penalties provided for in regulation (3, 4) of paragraph c is guaranteed.

And. If the offender is an intern, a written alert, a written warning, or a suspension of training for no more than a year. .

Rule 33

The Council may, at the request of the suspension of the exercise of the profession, be re-restricted by the provisions of this Act after the end of the suspension .

Rule 34

a. A decision by the Disciplinary Committee punishes everyone who exercises the profession during the period of suspension from practising a fine of not less than 100 thousand Syrian pounds and no more than 300,000 Syrian pounds and double the penalty in case of repetition. .

b. The said ceilings are amended by a decision of the Council of Ministers based on the Council's proposal. .

Rule 35

All those who impersonage a real estate evaluation expert or practise this profession without expert testimony are subject to the penalties provided for in article 383 of the Penal Code, as well as the personal prosecution in which the body can claim failure and damage. .

Rule 36

A three-month transition period during which the real estate assessor will continue to perform their duties .

Rule 37

The regulatory decisions of this Law shall be issued by decision of the President of the Council upon the proposal of the .

Rule 38

This law is published in the Official Journal and is considered effective from the date of its promulgation. .

Damascus 29/3/1433 A.H., 22/2/2012 My birth.

President

Bashar al-Assad

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