(1) Subject to this
Act, an individual who applies to the Commissioner for a real estate
settlement agent’s licence or a business settlement agent’s
licence, or both, and pays to the Commissioner the prescribed fee for the
licence shall be granted and may hold a licence if the Commissioner is
satisfied that the individual —
(a) is
of or over the age of 18 years; and
(b) is a
person of good character and repute and a fit and proper person to hold a
licence; and
(c) has
sufficient material and financial resources available to enable them to comply
with the requirements of this Act; and
(d) is
ordinarily resident in the State; and
(e)
understands fully the duties and obligations imposed by this Act on settlement
agents.
(2) In subsection
(1)(b) fit and proper includes being qualified in accordance with Schedule 1
subject to the savings and exceptions provided therein and elsewhere in this
Act, but nothing in that Schedule shall derogate from the discretion conferred
on the Commissioner by subsection (1) in the granting of a licence.
[Section 27 amended: No. 58 of 2010 s. 176; No. 25
of 2019 s. 75.]