When you need a corporation licence, eligibility requirements, and how to apply.
On this page
Key information
- In NSW, a corporation carrying on the business of a real estate, stock and station, or strata managing agency requires a corporation licence.
- Corporations must employ a class 1 licence holder to be the licensee in charge of the business.
- At least one director of the corporation must hold a licence in the same category of work carried out by the business (for example real estate, stock and station, strata management).
- You can apply for a 1, 3 or 5 year licence.
- You can apply and pay for your corporation licence online.
When a corporation licence is needed
A corporation carrying on a business providing agent functions requires a corporation licence.
You need this licence to run a:
- real estate agency
- stock and station agency
- strata management agency
Corporations must employ a class 1 licence holder to be the licensee in charge (LIC) of their business.
An LIC is responsible for the proper supervision of the business they are in charge of and must hold a class 1 licence in the category relevant to the business. For example, if a corporation wants to carry out business agent functions, they must appoint a person with an unrestricted class 1 real estate agent licence, or class 1 real estate agent licence with a business agent restriction.
These licence holders are referred to as the ‘principal licensee’.
Eligibility
There are requirements a business must meet to get a corporation licence.
Who can apply
A corporation carrying on the business of providing agent functions must meet the following criteria:
- The corporation must be ‘fit and proper' (see below).
- The director of the corporation must be ‘fit and proper’ to hold a licence.
- No director or officer of the corporation can be a disqualified person.
- At least one of the directors must hold a class 1 or class 2 licence in the same category of work the agency conducts (for example real estate, stock and station, strata management).
- Relevant contributions must have been paid to the Property Services Compensation Fund .
- The registered office must be in NSW. Alternatively, the registered office can be within 50 kilometres of the NSW border, but only if the licensee in charge or director holds a current licence or authority from that jurisdiction (see section 28 of the Property and Stock Agents Act 2002 (the Act)).
What does 'fit and proper' mean?
Fair Trading will perform checks (including financial and police checks) to determine whether you are a fit and proper person.
For example, this means you:
- have not been found guilty of an offence involving fraud or dishonesty in the last 10 years, and are not currently involved in court proceedings for such an offence.
- have not been convicted of an offence under the Property and Stock Agents Act 2002, the regulations, or another Act administered by the Minister for Fair Trading.
- are not a member of or regularly associate with members of a declared criminal organisation.
How to apply
What you need
You must be a director of the corporation to apply for this licence.
Before you begin your application make sure you have:
- Business name registration from ASIC (if applicable)
- proof of identity for each company director (such as an Australian driver’s licence or passport)
- Corporation details (such as the corporation’s name, Australian Company Number, and email address)
- At least one Licensee-in-Charge (LIC) of the business.
- A Notification of partnership particulars form (if applicable)
- Payment for the licence fee. See our fees page for details.
You can apply for a 1, 3 or 5 year licence.
Apply now
You can apply for this licence online at the Service NSW website.
Your application will take about 20 minutes to complete.
This is for new applicants only. Find out how to renew your licence below.
To apply in-person, download and complete the application form and take it to your nearest Service NSW Centre.
What happens next?
1. Review application
Your application will be reviewed and assessed to check it meets eligibility requirements. This can take up to 30 business days.
We might contact you (by email or post) if we need more information.
2. Outcome advised
We will send an email to advise you if your application has been successful.
If your application is successful, the email will include a copy of your licence and your details will be added to the public register .
If your application is unsuccessful, you’ll be advised of the reasons in writing and be provided with your options.
Renew a licence
You need to renew your corporation licence before it expires.
How to renew
We will email you a renewal notice about four weeks before the expiry date with details of how to renew.
You can renew your licence online (on or before the expiry date) and pay by credit card.
To renew, you will need:
- your corporation licence number
- your corporation renewal number (from your renewal notice), or full personal details
- details of your corporation
- a completed licensee-in-charge details form (if applicable).
If your corporation licence isn't renewed by the due date it will expire, and your corporation will no longer be authorised to operate in NSW.
As a licence holder, it is your responsibility to tell us within 14 days if your name, address or other details change. You can do this by submitting the Notification of Change of Details form at a service NSW centre, or by email to [email protected].
Restoring your licence after expiry
If your licence expired less than three months ago, you can restore it online or at a Service NSW Centre.
You can use the details on your renewal notice to apply to restore your licence.
If your licence is renewed or restored, you’ll keep your existing licence number. In this instance, your licence is considered to have been renewed from the day the licence expired.
In certain circumstances, the Fair Trading Commissioner may extend the period to restore your licence if satisfied that:
- failing to apply before renewal was unintentional, or
- restoring your licence is a fair and just outcome.
If your licence has been expired for more than 3 months and you have not been granted an extension by the Commissioner, restoration will not be an option and you will need to reapply. You cannot trade until your new licence is issued.
To check the status of your licence, you can search the public register.
Contact us
Need help applying?
If you need help with your application or have a question, please call 13 32 20.
Unsuccessful applications
If your application is unsuccessful, you can ask for a review.
A review involves another officer from Fair Trading, who was not involved in the original decision, reviewing the decision on your application.
For more information about the process see reviews of Fair Trading decisions.