Texas Bbe 1 Form in PDF Modify Texas Bbe 1 Here

Texas Bbe 1 Form in PDF

The Texas BBE-1 form serves as an application for a broker license by a business entity, such as a corporation, LLC, or partnership, which is required by the Real Estate License Act to offer brokerage services. This form is a crucial document for business entities aiming to engage in real estate brokerage under the Texas Real Estate Commission's oversight. It outlines requirements for the designated broker and provides a structured pathway for entities chartered outside of Texas to apply for a broker license. To streamline the process of applying for a broker license and ensure all criteria are met, click the button below to fill out your Texas BBE-1 form today.

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The complexities of legal frameworks around real estate brokerage in Texas necessitate clear guidance and structured processes for business entities seeking to partake in this industry. At the heart of these regulatory measures is the Texas Real Estate Commission's (TREC) Application for Broker License by a Business Entity, a critical document for corporations, limited liability companies (LLCs), or partnerships aspiring to provide brokerage services within the state. This form serves as a gateway for these entities to legally operate, outlining prerequisites such as the requirement for a business entity to license one of its officers or a designated manager or partner as an active Texas real estate broker—known as the designated broker—who will represent the entity in real estate transactions. Additionally, it caters to entities chartered outside Texas, allowing them to apply for a Texas broker license, provided they comply with specific conditions, such as obtaining a certificate of good standing from the state of their incorporation. Moreover, this form includes detailed sections on application fees, which must be paid upfront, and emphasizes the necessity of completing a background check, including fingerprinting the designated broker, to ensure integrity within the profession. Importantly, it mandates the designated broker to hold a significant ownership stake or, in its absence, secure ample error and omissions insurance, highlighting the nuanced requirements tailored to safeguard the interests of all parties involved in real estate transactions in Texas.

Texas Bbe 1 Sample

TEXAS REAL ESTATE COMMISSION

P.O. Box 12188

Austin, Texas 78711-2188

www.trec.texas.gov

(512) 936-3000

APPLICATION FOR BROKER LICENSE BY A BUSINESS ENTITY

(PLEASE READ ALL INFORMATION CAREFULLY)

IF THE BUSINESS ENTITY HELD A TEXAS BROKER LICENSE DURING THE PRECEDING SIX MONTHS, CONTACT

THE COMMISSION FOR THE CORRECT APPLICATION FORM.

DO NOT USE THIS FORM

The Real Estate License Act requires a business entity (corporation, LLC or partnership) to be licensed as a real estate broker if the business entity provides brokerage services. The attached form may be used by a business entity in applying for a Texas Real Estate Broker license.

A corporation is required to designate one of its officers to act for it. An LLC is required to designate a manager to act for it. A general partner of a partnership is required to be designated to act for it. For the application to be approved and a license issued, the designated officer, manager or partner must be individually licensed as an active Texas real estate broker (designated broker) and will have the authority to act as a real estate agent on behalf of the business entity.

A business entity chartered in a state other than Texas may obtain a Texas broker license, but to be eligible to apply it must be licensed as a real estate broker by the state of its incorporation or organization or by the state in which it is permitted to engage in real estate brokerage as a foreign business entity. The business entity must procure from the agency which administers such laws in the other state a certificate recognizing the standing of the business entity in that state and file the certificate as part of its Texas application. A business entity which is not licensed in the state of its incorporation or organization must also apply for a Texas license upon proof that such state does not license business entities as brokers and that the business entity is lawfully engaged in the practice of real estate brokerage in the other state, as well as meet all other requirements to apply for a Texas license.

A current "Certificate of Good Standing" (issued within 21 days prior to the date of this application) must be provided with this application. This certificate is available from the TEXAS COMPTROLLER OF PUBLIC ACCOUNTS in Austin.

1.An application by a business entity cannot be approved unless its designated broker is individually licensed as an active Texas real estate broker. If the designated broker does not own at least 10% of the entity, the entity must maintain E&O insurance in the amount of $1 million. Attach BE COI-0, Certificate of Insurance for a Broker Business Entity to the application if applicable. If the designated broker owns 10% or more of the entity, please provide proof of ownership, such as a resolution, minutes or other official record of the business entity.

2.FEES REQUIRED WITH A REAL ESTATE BROKER APPLICATION BY A BUSINESS ENTITY.

Application Processing Fee as follows:

 

$123.00

TREC Application Fee for LLC

 

$20.00

Real Estate Research Center at Texas A&M University

$143.00

TOTAL

 

$10.00

Recovery Fund Fee (if not previously paid)

$20.00

Paper filing fee for any application available online.

ALL FEES MUST BE SUBMITTED AT THE TIME OF FILING THE APPLICATION.

3.ALL REQUIRED FEES MUST BE SUBMITTED WITH THE APPLICATION. AN APPLICATION SUBMITTED WITHOUT THE APPROPRIATE FEES WILL BE REJECTED AND RETURNED. All fees should be paid byCASHIERS CHECK, PERSONAL CHECK OR MONEY ORDER payable to the Texas Real Estate Commission. DO NOT PAY WITH CASH.

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4.Filing an application authorizes an investigation of the applicant's background. Information revealed in an investigation may be cause for disapproval of an application even though other requirements for a license are met.

NOTE: An incomplete application will not be returned for completion. If the application is incomplete, a

letter will be mailed requesting that the deficiency be remedied.

5.Fingerprints for this license will be required from the designated broker of the business entity. An applicant who has not been previously fingerprinted for TREC must pay a fee to DPS to get fingerprinted and satisfy the statutory requirement for honesty, trustworthiness and integrity. Each licensee is required by law to have fingerprints on file with the Department of Public Safety (DPS) for TREC. Fingerprints on file for other agencies will not be accepted. The license will issue once all licensing requirements are met and TREC receives confirmation from DPS that the applicant's fingerprints are on file. The applicant will be required to pay a fee for a background check with each renewal. The applicant must present a completed FAST Pass at the time of fingerprinting. For directions on how to download the FAST pass and make an appointment to get fingerprints taken go to http://www.trec.texas.gov/fastpass. The digital fingerprinting process may take up to 10 days, so plan accordingly. An applicant must pay a license application fee AND a fingerprint fee.

IF ALL REQUIREMENTS FOR A LICENSE ARE NOT MET WITHIN ONE (1) YEAR OF THE FILING

DATE, THE APPLICATION WILL EXPIRE.

NOTE

State law prohibits the agency from renewing a license after a licensee has defaulted on a student loan guaranteed by the Texas Guaranteed Student Loan Corporation (TG) unless the licensee has entered into a repayment agreement with TG. YOU SHOULD CONTACT TG BEFORE FILING THIS APPLICATION if you have defaulted on a student loan. A renewal may be declined if this agency has received information from TG that the applicant has defaulted on a student loan. The Texas Guaranteed Student Loan Corporation can be contacted at:

Texas Guaranteed Student Loan Corporation

P.O. Box 83100

Round Rock, TX 78683-3100

Telephone: 1-800-252-9743

PRIVACY NOTICE

In accordance with Chapter 559, Government Code, the following notice about certain information laws and practices is given.

(1)With few exceptions, an individual is entitled on request to be informed about theinformation that a state governmental body collects about the individual.

(2)Under Sections 552.021 and 552.023 of the Government Code, the individual is entitled to receive and review the information.

(3)Under Section 559.004 of the Government Code, the individual is entitled to have the governmental body correct information about the individual that is incorrect.

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Texas Real Estate Commission

P.O. Box 12188

Austin, Texas 78711-2188

(512) 936-3000 www.trec.texas.gov

REAL ESTATE BROKER LICENSE BY A BUSINESS ENTITY

FEE

RECEIPT NUMBER

AMOUNT

MONEY TYPE

 

Application Fee

 

 

 

 

$143.00

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Recovery Fund Fee

 

 

 

 

$10.00

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Paper Filing Fee

 

 

 

 

$20.00

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

App#

File#

 

 

Entity #

 

 

License #

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DO NOT WRITE ABOVE THIS LINE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NOTE: ALL INFORMATION MUST BE TYPED OR PRINTED IN INK

 

 

 

 

 

 

 

1. License Type:

Corporation

Limited Liability Company

 

 

Partnership

 

 

 

 

 

 

 

 

 

 

 

 

 

2. Name of Business Entity:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EIN#

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A "Certificate of Good Standing" must accompany the application.

A current "Certificate of Good Standing" dated within 21 days prior to the date of the application must be provided with this application as evidence that there is no delinquent tax owed the State under Chapter 171 Tax Code. This certificate is available from the TEXAS COMPTROLLER OF PUBLIC ACCOUNTS. The business entity must designate an officer, manager or partner to act for it who is licensed as an active Texas real estate broker.

3.Business Address (Fixed Office): STREET ADDRESS MUST BE DESIGNATED BELOW. (A license will not be issued to a P.O.

Box only)

Number, Street and Apt. No.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City

 

State

Zip Code

 

Area Code

Phone Number

FAX Number:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Area Code

Phone Number

 

 

 

 

E-mail Address

 

4. Mailing Address and Contact Information (Post Office Box may be used):

Number, Street and Apt. No.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City

 

State

Zip Code

Area Code

Phone Number

FAX NUMBER:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Area Code

 

Phone Number

 

 

E-mail Address

 

5. Has the business been licensed in Texas in the last five (5) years?

Yes

No

If the answer is "Yes" enter the TREC license number here.

6. Has the business entity been licensed as a real estate broker in a state other than Texas within the last

Yes

five (5) years?

No

If the answer is YES, you must complete the applicable sections of the Background History Form located at http://www.trec.texas.gov/pdf/forms/miscellaneous/BackgroundHistory.pdf.

This document is available on the TREC website at www.trec.texas.gov

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7. (a) Has the business entity or its designated broker ever had a professional or occupational license in this

state or any other state suspended, canceled or revoked, or ever surrendered such a license?

Yes

(b) Has the business entity or its designated broker ever had an application for a professional

or

occupational license disapproved or denied in this state or any other state?

Yes

(c) Are there any disciplinary hearings or investigations pending against any professional or occupational

licenses held by the business entity or its designated broker ?

Yes

If the answer to (a), (b), or (c) is YES, you must complete the applicable sections of the Background History Form located at http://www.trec.texas.gov/pdf/forms/miscellaneous/BackgroundHistory.pdf.

No

No

No

8. Are there any unpaid judgments pending against the business entity or its designated broker?

If the answer is YES, you must complete the applicable sections of the Background History Form located at http://www.trec.texas.gov/pdf/forms/miscellaneous/BackgroundHistory.pdf.

Yes

No

9. (a)

Has the business entity or its designated broker ever been convicted of a criminal offense? (Include

Yes

No

 

all felonies and misdemeanors other than minor traffic tickets.)

 

 

 

(b)

Has the business entity or its designated broker ever been placed on parole, probation or community

 

 

 

supervision (also known as deferred adjudication) regardless of whether the case was dismissed or

Yes

No

 

discharged?

(c)

Are there any criminal charges pending against the business entity or its designated broker?

Yes

No

 

 

If the answer to (a), (b), or (c) is YES, you must complete the applicable sections of the Background History Form located at http://www.trec.texas.gov/pdf/forms/miscellaneous/BackgroundHistory.pdf.

10. Has the business entity or its designated broker ever acted, or attempted to act, as a real estate broker or

salesperson or appraiser in this state or in any other state at a time when not properly licensed? Yes No (Include all periods in which you acted either before obtaining a license or after a license may have

expired.)

If the answer is YES, you must complete the applicable sections of the Background History Form located at http://www.trec.texas.gov/pdf/forms/miscellaneous/BackgroundHistory.pdf.

11.List below the name and address of the Corporation President, the Limited Liability Company Manager or the Managing Partner.

Name

Number Street

Suite No.

 

 

 

 

 

 

 

 

 

 

City

 

 

State

 

Zip Code

 

12.Business name(s) to be assumed (if any):

The following four (4) questions pertain to the designated broker of the business entity. If the designated broker does

not own at least 10% of the business, attach BE COI-0 to this application.

13.Full Name of the designated broker:

14.Office held (must be president, vice-president, secretary or treasurer for Corporation or manager for LLC):

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15. Designated broker's Texas real estate broker license number:

16.Does the designated broker own 10% or more of the business entity?

If the answer to question #16 is yes please provide proof of ownership, if no attach BE COI-0.

Yes

 

No

CERTIFICATION

We certify that the information reflected in this application is true and correct to the best of our knowledge and that we are authorized to execute this application on behalf of the business entity. We further certify that the business entity has complied with all statutes, rules and regulations required of it to conduct business in this state. We understand that providing answers that are not true, correct, and complete is grounds for disapproval of this application or revocation of the license. We authorize the Texas Real Estate Commission to conduct any investigations of the business entity which it deems prudent. We understand that information revealed in an investigation may be cause for disapproval of the application even though other requirements for a license have been met. We further understand that all information submitted in conjunction with this application may become a public record. If granted a license, the business entity will abide by the provisions of The Real Estate License Act and the Rules of the Texas Real Estate Commission.

We further certify that the business entity will promptly provide to TREC upon request all business formation, ownership and representative authorization records and changes thereto required to be kept by the business entity by law, including those required by the Secretary of State and the Texas Comptroller.

WE CERTIFY THAT THE BUSINESS ENTITY WILL NOT ENGAGE IN ANY REAL ESTATE BROKERAGE ACTIVITY UNTIL THE TEXAS REAL ESTATE COMMISSION LICENSE CERTIFICATE IS IN THE POSSESSION OF THE BUSINESS ENTITY .

Typed or Printed Name of the Designated Broker of

 

Signature of the Designated Broker of the Business Entity

 

 

Date

the Business Entity

 

 

 

 

 

 

 

 

 

 

 

 

Typed or Printed Name of the Corporation

 

 

Signature of the Corporation President, the Limited Liability Company Manager or the

 

 

Date

President, the Limited Liability Company Manager

 

Managing Partner

 

 

 

or the Managing Partner

 

 

 

 

 

BBE-1 (11/2011)

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File Characteristics

Fact Name Description
Application Purpose The form is used by a business entity to apply for a Texas Real Estate Broker license.
Designated Broker Requirement A corporation, LLC, or partnership must designate an officer, manager, or partner who is an individually licensed Texas real estate broker (designated broker) to act on its behalf.
Eligibility for Non-Texas Entities A business entity chartered outside of Texas must be licensed as a real estate broker in its home state or prove it is lawfully engaged in real estate brokerage in that state to apply for a Texas license.
Certificate of Good Standing A current Certificate of Good Standing from the TEXAS COMPTROLLER OF PUBLIC ACCOUNTS is required with the application.
Application Fees The total application fee is $143, with additional fees for the Real Estate Research Center, Recovery Fund Fee, and a paper filing fee, if applicable.
Fingerprint Requirement The designated broker of the business entity must submit fingerprints for a background check as part of the licensing process.
Governing Law The application and the licensure process are governed by The Real Estate License Act and the Rules of the Texas Real Estate Commission.

Detailed Guide for Writing Texas Bbe 1

Filing for a Texas Real Estate Broker License by a Business Entity is a pivotal step for any business intending to engage in real estate brokerage services within the state. The process requires methodical preparation and comprehensive documentation to ensure compliance with Texas law. Below is a simplified guide on how to complete the Texas BBE 1 form.

  1. Ensure the designated broker of the business entity is an actively licensed Texas real estate broker. If the designated broker owns less than 10% of the entity, attach the BE COI-0, Certificate of Insurance for a Broker Business Entity.
  2. Gather the required fees: $143.00 application fee for LLC, $20.00 Real Estate Research Center at Texas A&M University fee, $10.00 Recovery Fund Fee (if not previously paid), and a $20.00 paper filing fee if applicable. Prepare a cashier’s check, personal check, or money order payable to the Texas Real Estate Commission for the total amount.
  3. Complete the Fee Receipt section at the top of the form, including the application fee, Recovery Fund Fee, and Paper Filing Fee.
  4. Select the License Type applicable to your business entity: Corporation, Limited Liability Company, or Partnership.
  5. Enter the Name of Business Entity and provide its Employer Identification Number (EIN).
  6. Obtain a current "Certificate of Good Standing" from the TEXAS COMPTROLLER OF PUBLIC ACCOUNTS and attach it to your application. The certificate must be dated within 21 days prior to the application date.
  7. Designate an officer, manager, or partner to act for the business who is licensed as an active Texas real estate broker and enter their name and address.
  8. Provide the Business Address (a physical street address is required, P.O. Box addresses are not accepted for the issue of the license) and Mailing Address.
  9. Answer the questions regarding the business's and designated broker's license history, disciplinary actions, criminal history, and prior real estate activities, providing additional documentation as necessary.
  10. List the name and address of the Corporation President, Limited Liability Company Manager, or the Managing Partner, if applicable.
  11. Fill out the designated broker’s full name, office held, Texas real estate broker license number, and ownership percentage in the business entity.
  12. Attach proof of ownership if the designated broker owns 10% or more of the business entity. If owning less than 10%, attach the BE COI-0 form.
  13. Complete the certification section with the typed or printed name and the signature of the designated broker and the Corporation President, the Limited Liability Company Manager, or the Managing Partner. Include the current date.

Once the form is completely filled out and all necessary documents are attached, mail your application package to the Texas Real Estate Commission at the provided address. All fields must be completed accurately to avoid delays. After submission, the Texas Real Estate Commission will review the application, conduct a background investigation, and determine eligibility for issuing a license. Allow adequate time for processing. Additional instructions may be provided by the Commission if further information or clarification is needed.

Common Questions

What is the Texas BBE-1 Form?

The Texas BBE-1 Form is an application used by business entities like corporations, LLCs, or partnerships to apply for a Texas Real Estate Broker license. This form is specifically for entities whose designated broker will act on their behalf in real estate transactions.

Who needs to file the Texas BBE-1 Form?

Any business entity that provides brokerage services in Texas, such as corporations, limited liability companies (LLC), or partnerships, must file the BBE-1 Form to obtain a broker license if they do not already have one.

What are the requirements for the designated broker?

The designated broker must be individually licensed as an active Texas real estate broker. If the designated broker owns less than 10% of the entity, the entity must also maintain E&O insurance of at least $1 million. Proof such as a certificate of insurance or ownership records may need to be attached with the application.

How much does it cost to apply for a broker license using the BBE-1 Form?

The total cost includes several fees:

  • $123.00 for the application processing fee
  • $20.00 for the Real Estate Research Center at Texas A&M University fee
  • $10.00 for the Recovery Fund Fee, if not previously paid
  • A $20.00 paper filing fee applies for any application submitted in paper form that is available online
The total basic fee is $143.00, not including the Recovery Fund and paper filing fee if applicable.

Is there a deadline to meet all requirements after filing the BBE-1 Form?

Yes, all requirements for a license must be met within one year of the filing date of the BBE-1 Form. If not met, the application will expire.

What about background checks and fingerprints?

Fingerprints for a background check are required for the designated broker of the business entity. Applicants must pay a fingerprint fee to the Department of Public Safety (DPS) and successfully pass the background check to meet the statutory requirements for honesty, trustworthiness, and integrity.

What happens if the designated broker or business has defaulted on a student loan?

The Texas Real Estate Commission (TREC) cannot renew a license if the licensee has defaulted on a student loan guaranteed by the Texas Guaranteed Student Loan Corporation unless a repayment agreement has been entered into. Contact the corporation before filing if this applies.

How can I ensure my application is not rejected?

To avoid rejection:

  • Ensure the application is fully completed and accurate.
  • Include all required fees with the application.
  • Submit a current "Certificate of Good Standing" if applicable.
  • Attach any required certificates of insurance or proof of ownership if the designated broker owns less than 10% of the entity.

Common mistakes

Filling out the Texas BBE-1 form, which is essential for business entities seeking a real estate broker license, requires attention to detail and a comprehensive understanding of the application process. Common mistakes can delay or derail the licensure process. Here are seven frequent errors applicants make:

  1. Not ensuring the designated broker is an active Texas real estate broker with individual licensure. This oversight can invalidate the application regardless of the other credentials he business entity might have.

  2. Failing to attach the required Certificate of Good Standing. This certificate, which must be current within 21 days of application submission, is pivotal for proving the business entity's good standing with the state.

  3. Omitting the filing of a Certificate of Insurance for a Broker Business Entity (BE COI-0), applicable when the designated broker owns less than 10% of the entity. This mistake could result in insufficient proof of E&O insurance coverage.

  4. Submitting the application without the appropriate fee or through an unacceptable payment method, such as cash, can result in an immediate rejection of the application.

  5. Incomplete applications or failure to provide detailed answers to all questions. This includes the detailed sections concerning the licensing and background history of the business entity and its designated broker.

  6. Forgetting to include the fingerprinting fee or not arranging for fingerprinting through the DPS can hold up the licensing process. It's crucial to follow the specific guidelines provided for fingerprinting and background checks.

  7. Incorrectly using a P.O. Box as the business address. The Texas Real Estate Commission requires a designated street address for the issuance of a license.

These mistakes, though commonly made, are preventable with careful review and adherence to the Texas Real Estate Commission's requirements. It is vital to go over each section of the application thoroughly, ensuring all information is correct and complete before submission.

Documents used along the form

When applying for a Texas Broker License by a Business Entity (BBE-1 form), various other forms and documents often accompany the application to ensure compliance and thoroughness in the licensing process. These additional documents play a crucial role in validating the business entity's legality, operational standards, and the authenticity of the individuals involved in the brokerage activities.

  • Certificate of Good Standing: This certificate, issued by the Texas Comptroller of Public Accounts, verifies that the business entity is up to date with state tax obligations and is legally recognized in Texas. It acts as proof of the entity's compliance with state regulations, ensuring that there are no delinquent taxes owed.
  • Background History Form: Required if the business entity or its designated broker has had a professional or occupational license suspended, canceled, or revoked in any state, or if there are any criminal offenses, disciplinary actions, or unpaid judgments. This comprehensive document gathers detailed information about the past conduct of the entities involved, aiming to assess their eligibility and integrity.
  • BE COI-0, Certificate of Insurance for a Broker Business Entity: Necessary if the designated broker owns less than 10% of the entity, this certificate evidences that the entity maintains errors and omissions (E&O) insurance of at least $1 million. It safeguards against the risk of professional liability, ensuring that the business entity can cover the costs associated with legal disputes over its brokerage services.
  • Proof of Ownership: If the designated broker owns 10% or more of the business entity, documentation such as resolution, minutes, or other official records must be provided. This documentation establishes the broker's stake in the entity, affecting the insurance requirements and demonstrating the broker’s vested interest in the business.

Together, these documents contribute to a rigorous vetting process, ensuring that only qualified and compliant business entities and brokers are licensed to operate in Texas. Each plays a unique role in the application process, offering a comprehensive overview of the business entity's legal standing, the integrity of its designated brokers, and its operational readiness. This ensures that all licensed entities uphold the professional standards required by the Texas Real Estate Commission.

Similar forms

The Texas BBE 1 form bears similarity to the Application for Individual Broker License. Both applications are used by those seeking licensure in the real estate industry within Texas, facilitated by the Texas Real Estate Commission (TREC). While the BBE 1 form is specifically for business entities desiring a broker license, the individual broker license application serves persons aiming to operate independently. Key requirements such as background checks, fee submissions, and the demonstration of fitness to practice are common elements to both, ensuring that applicants meet the standard criteria necessary for real estate brokerage.

Similarly, the Limited Liability Company (LLC) Formation Documents are closely related to the Texas BBE 1 form, particularly when an LLC is the business entity applying for the broker license. These documents, typically filed with the Texas Secretary of State, detail the company's structure, management, and operational protocols. While the LLC Formation Documents establish the legal existence and operational framework of an LLC, the BBE 1 form extends this establishment into the realm of real estate brokerage, requiring an LLC to designate a managing member or manager with an active Texas real estate broker license.

The Corporate Charter or Articles of Incorporation also share a connection with the BBE 1 form. Corporations must file these documents with the state to legally operate. They outline the corporation's purposes, stock details, and governance structure. When a corporation applies for a Texas real estate broker license via the BBE 1, it transitions from a general business operation to one specifically authorized to conduct real estate transactions, mandating the designation of an officer to fulfill the broker role.

The Certificate of Good Standing is another document linked to the application process outlined in the BBE 1 form. This certificate, issued by the Texas Comptroller of Public Accounts, attests to a business entity’s compliance with state tax requirements and operational legitimacy. The requirement of a current Certificate of Good Standing as part of the BBE 1 form's application process underscores the importance of regulatory compliance in maintaining an active real estate broker license in Texas.

An Errors and Omissions Insurance Certificate (E&O) shares similarity in function to the insurance documentation requirements specified in the BBE 1 form for certain entities. E&O insurance acts as a professional liability policy, protecting brokers against claims of negligence or inadequate work. For entities where the designated broker owns less than 10% of the company, maintaining a minimum of $1 million in E&O insurance is required, highlighting the emphasis on financial responsibility and risk management within the real estate brokerage industry.

The Foreign Entity Registration is pertinent to business entities chartered outside of Texas but seeking to operate within the state, similar to provisions within the BBE 1 form that allow for out-of-state entities to obtain a Texas real estate broker license. Both processes necessitate validation of the entity's legal and operational status in its home state, ensuring cross-state business operations align with Texas statutes and regulations.

Another related document is the Background History Form used by TREC. This form garners comprehensive personal and professional information from applicants, including past criminal convictions, disciplinary actions, and general character references. It's an integral component of the licensure process parallel to the BBE 1 form, which also mandates disclosure of similar information for both the business entity and its designated broker, underscoring the commission's dedication to ensuring ethical practice within the industry.

The Real Estate Recovery Fund Payment Proof is akin to the fees segment on the BBE 1 application. This Fund offers financial recourse for individuals harmed by wrongful acts of licensed real estate practitioners. Payment into this Fund, evidenced during the application process, signifies the applicant's contribution to a collective financial safety net, reinforcing the industry's commitment to consumer protection and professional integrity.

The Broker Business Entity (BE) Certificate of Insurance Form (BE COI-0), required when the designated broker owns less than 10% of the business entity, directly correlates with the insurance specification within the BBE 1 form. This directly links the necessity of providing proof of adequate insurance coverage to safeguard both the entity and its clientele, ensuring the entity's financial solvency and operational reliability in brokerage activities.

Lastly, the Designated Broker of Record Change Form parallels the BBE 1 form since both involve the specification or change of the individual authorized to conduct brokerage on behalf of the business entity. This ensures continuity of professional responsibility and compliance with TREC regulations, highlighting the fluidity within the industry for accommodating structural or managerial shifts within licensed entities.

Dos and Don'ts

When a business entity is applying for a Texas Real Estate Broker license using the BBE-1 form, navigating through the particulars efficiently and accurately is crucial. Here are some dos and don'ts that should be considered:

  • Do ensure that the designated broker of the business entity holds an active Texas real estate broker license. This is a foundational requirement without which the application cannot proceed.
  • Do not leave any section of the form incomplete. An incomplete application does not lead to a straightforward denial, but it will cause delays, as additional information will be requested.
  • Do attach all required documents, including the "Certificate of Good Standing" from the TEXAS COMPTROLLER OF PUBLIC ACCOUNTS, if applicable, and any proof of E&O insurance or proof of ownership depending on the stake the designated broker holds in the entity.
  • Do not attempt to pay the application fees in cash. Acceptable payment methods include cashier's checks, personal checks, or money orders made payable to the Texas Real Estate Commission.
  • Do carefully review the entire form before submission to confirm that all answers are accurate and complete. Providing incorrect information can lead to the disapproval of the application.
  • Do not forget to attach the BE COI-0, Certificate of Insurance for a Broker Business Entity, if the designated broker owns less than 10% of the entity. This certificate is crucial for processing the application.
  • Do arrange for fingerprinting and background checks as required. Ensure the designated broker complies with this requirement, as failure to do so can hold up the licensing process.
  • Do not disregard the importance of disclosing any criminal history or past disciplinary actions against the business entity or its designated broker. Omitting such information can result in disapproval.
  • Do remember to certify that the application's information is true and correct, and acknowledge the authorization for the Texas Real Estate Commission to conduct investigations if deemed necessary.

Adherence to these guidelines not only facilitates a smoother application process but also underscores the commitment of the business entity and its designated broker to comply with state laws and regulations. It is in the best interest of the entity to approach this process with diligence and thoroughness.

Misconceptions

When discussing the application for a Broker License by a Business Entity in Texas, commonly referred to as the Texas BBE-1 form, several misconceptions often arise. Understanding the specifics of this process is crucial for entities seeking to operate within legal parameters. Here is a list of ten misconceptions about the Texas BBE-1 form and the truths behind them:

  • Misconception 1: Any business entity can apply using the BBE-1 form without prior licensing. Reality: Only entities where the designated broker is individually licensed as an active Texas real estate broker can apply.
  • Misconception 2: It's unnecessary for foreign business entities to be licensed in their state of incorporation before applying. Reality: Foreign entities must be licensed as real estate brokers in their incorporation state or prove engagement in real estate brokerage if their state does not license entities.
  • Misconception 3: Proof of financial stability is not required for the application. Reality: Applicants must submit a current "Certificate of Good Standing" to demonstrate financial reliability.
  • Misconception 4: The designated broker’s ownership share does not affect the insurance requirements of the entity. Reality: If the designated broker owns less than 10% of the entity, it must maintain E&O insurance of at least $1 million.
  • Misconception 5: Submission of fees with the application is optional. Reality: All required fees must accompany the application for it to be processed.
  • Misconception 6: Personal checks are not an acceptable form of payment for fees. Reality: Fees can be paid with cashier’s checks, personal checks, or money orders payable to the Texas Real Estate Commission.
  • Misconception 7: Fingerprints are not required if the designated broker was previously fingerprinted for another license. Reality: Fingerprints specific to the TREC requirements must be on file, regardless of previous fingerprinting for other licenses.
  • Misconception 8: Incomplete applications are returned to the applicant for completion. Reality: If an application is incomplete, the applicant is contacted to remedy the deficiencies; the application is not returned.
  • Misconception 9: Criminal history or disciplinary actions automatically disqualify the application. Reality: While these factors are reviewed, they may not necessarily result in disapproval. Each case is examined individually.
  • Misconception 10: Once the application is submitted, no further action is required until approval. Reality: The applicant may need to provide additional documents or information upon request and ensure all licensing requirements are continually met.

Clearing up these misconceptions is vital for business entities to navigate the licensing process effectively. Ensuring that all requirements and procedures are correctly followed can expedite the approval of the Texas real estate broker license application.

Key takeaways

Applying for a broker license in Texas as a business entity, such as a corporation, LLC, or partnership, necessitates a thorough understanding of specific conditions and requirements. Here are four key takeaways for entities preparing to submit the Texas Bbe 1 form:

  • Designated Broker Requirements: The law mandates that the application by a business entity must include the designation of an officer, manager, or partner as the representative for brokerage activities. Crucially, this individual must already be licensed as an active Texas real estate broker. This condition underscores the importance of ensuring that the selected representative is fully vetted and complies with Texas's stringent regulatory landscape in real estate brokerage.
  • Financial and Insurance Considerations: If the designated broker does not hold a minimum of 10% ownership in the business entity, the entity is obligated to secure Errors and Omissions (E&O) insurance coverage amounting to $1 million. This requirement emphasizes the critical nature of insurance in mitigating risks associated with real estate transactions, protecting both the business entity and its clients.
  • Application and Fee Submission: The process of filing the application includes the submission of specific fees, including an application processing fee, a recovery fund fee, and potentially, a fee for paper filing if the application is not submitted online. The prescribed fees must accompany the application at the time of submission, signifying the financial commitment involved in securing a broker license for a business entity in Texas.
  • Fingerprinting and Background Checks: An integral part of the application procedure is the requirement for the designated broker to undergo fingerprinting for a background check. This measure is in place to assess the honesty, trustworthiness, and integrity of the applicant, which are essential qualities for anyone engaging in real estate brokerage. It is advisable for applicants to schedule fingerprinting appointments in advance and be prepared to cover the associated costs to ensure a seamless application process.

Understanding and adhering to these guidelines are fundamental steps in navigating the complexities of acquiring a broker license for a business entity in Texas. By meticulously preparing the application and ensuring compliance with all stipulated requirements, business entities can expedite the licensure process and embark on their real estate brokerage activities in Texas.

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