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Conveyancers must register
IndividualsIf you intend operating a business as an individual you will need to hold a registration and meet the registration requirements.
Partnerships
If you intend operating a business in partnership, each of the partners needs to hold a registration and meet the registration requirements.
Companies
If you intend operating the business through a company (body corporate), the company must apply for a registration.
The Act requires a registered conveyancer that is a company to ensure that the business is properly managed and supervised by a registered conveyancer who is a natural person. This person must be nominated on the registration application in addition to director details.
Penalties
If you trade as a Conveyancer without holding a registration and you are convicted by the courts, you may be liable for a penalty of up to $20,000.
Entitlement to be registered
Registration requires you to hold certain qualifications. See educational qualifications information hereYou are entitled to hold a registration if you:
- hold the approved qualifications
- are a fit and proper person to be registered as a conveyancer
- have not been suspended or disqualified from carrying on an occupation, trade or business
- are not an undischarged bankrupt or subject to a composition, deed or scheme of arrangement with or for the benefit of creditors
- have not been, in the last five years, a director of a company wound up for the benefit of creditors and
- have not been convicted of an indictable offence of dishonesty and
- have not, in the last 10 years, been convicted of a summary offence of dishonesty.
Your company is entitled to hold registration if:
- it has not been suspended or disqualified from carrying on an occupation, trade or business
- it is not being wound up and is not under official management or receivership
- each director is a fit and proper person to be the director of a company that is registered as a conveyancer
- each director has not been, in the last five years, a director of a company wound up for the benefit of creditors
- each director has not been suspended or disqualified from carrying on an occupation, trade or business
- each director has not been convicted of an indictable offence of dishonesty and
- each director has not, in the last 10 years, been convicted of a summary offence of dishonesty.
In addition a conveyancing company is also not entitled to be registered unless its constitution and articles of association contain stipulations as set out under the Act.
If the Commissioner refuses your registration you can appeal to the District Court within one month from the date of refusal.
Cancelled registrations
If you fail to lodge your annual return as required, your registration will be cancelled and you will be required to lodge a ‘new application'. This includes paying the application fee and being re-assessed. The cancellation process is automated so that registrations are always cancelled in accordance with the Conveyancers Act 1994.
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Information on copyright for the Office of Consumer and Business Affairs website is provided on behalf of South Australia Central http://www.sacentral.sa.gov.au/site/page.cfm?u=60
Disclaimer
Information on the disclaimer for the Office of Consumer and Business Affairs website is provided on behalf of South Australia Central http://www.sacentral.sa.gov.au/site/page.cfm?u=61
Privacy
The South Australian Office of Consumer and Business Affairs (OCBA) is committed to protecting your privacy and the confidentiality of your personal information, consistent with the South Australian Government's Information Privacy Principles. If you would like to view the full privacy statement please visit: http://www.ocba.sa.gov.au/privacy.html
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If you wish to provide feedback on the Office of Consumer and Business Affairs website please contact the Webmaster via email mailto:webmaster@agd.sa.gov.au
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