Section 23 — AKTA PENILAI, PENTAKSIR DAN EJEN HARTA TANAH (PINDAAN) 2017

(a)

he has attained the age of 21 years and is of sound mind, good character and has not been convicted of any offence involving fraud, dishonesty or moral turpitude during the five years immediately preceding the date of his application;

(b)

he is not an undischarged bankrupt;

(c)

he has not made a statement, or affirmed or attested a document that is false or misleading in a material particular;

(d)

he has not dishonestly concealed material facts;

(e)

he has not furnished false information;

(f)

he satisfies the requirements of section 22h;

(g)

he has made a declaration in the form and manner prescribed by the Board;

(h)

he has paid the fees prescribed by the Board; and

(i)

he is not under suspension from valuation or estate agency practice nor has his name been cancelled from the Register.

(2)

Notwithstanding paragraph (1)(i), a person who is disqualified from valuation or estate agency practice may, if the Board considers him fit to practise property management, have his name entered under Part IV of the Register as a property manager.

(3)

Any registered valuer or registered appraiser who, immediately before the coming into force of this Part, had his name entered under Part I or II of the Register shall, upon the coming into force of this Part, be entitled to have his name entered under Part IV of the Register without payment of any fee.

(4)

Any probationary valuer who has passed the Test of Professional Competence for property managers shall be entitled to have his name entered under Part IV of the

Register.

(5)

Any person who has obtained qualifications which the Board recognizes and has passed the Test of Professional

Competence for property managers shall be entitled to have his name entered under Part IV of the Register.

(6)

Any registered estate agent shall be entitled to have his name entered under Part IV of the Register if before the date of the coming into force of this Part he was permitted to undertake property management as specified in subsection 22b(2).

(7)

Any person who applies within twelve months from the date of the coming into force of this Part for registration under Part IV of the Register shall be entitled to have his name so registered if he proves to the satisfaction of the

Board that—

(a)

immediately before the date of the coming into force of this Part—

(i)

he has been engaged in property management practice or business; and

(ii)

he has served his clients generally to their satisfaction; and

(b)

he complies with the provisions of subsection (1).

(8)

In order to be satisfied with any of the matters mentioned in subsections (1), (4), (5), (6) and (7), the Board may call upon the applicant to submit to it such documents as it considers relevant.

(9)

A registered valuer, appraiser or estate agent permitted to carry on property management before the coming into force of this Part may, pending having his name entered under

Part IV of the Register as provided for under subsection (3)

or (6), continue to engage in property management practice or business within the period referred to in subsection (7).

Valuers, Appraisers and Estate Agents (Amendment)

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Registration of probationary property managers 22g. (1) Subject to the provisions of this Act, every person shall be entitled to have his name entered as a probationary property manager in the Register of Probationers upon making an application to the Board and proving to its satisfaction that—

(a)

he has attained the age of 21 years and is of sound mind, good character and has not been convicted of any offence involving fraud, dishonesty or moral turpitude during the five years immediately preceding the date of his application;

(b)

he is not an undischarged bankrupt;

(c)

he satisfies the requirements of section 22h;

(d)

he has made a declaration in the form and manner prescribed by the Board;

(e)

he has paid the fees prescribed by the Board; and

(f)

he has submitted such documents as may be required by the Board.

(2)

The Board may require the applicant to submit any additional documents as it considers relevant in order to be satisfied of any of the matters mentioned in subsection (1).

(3)

Any registered estate agent who applies within twelve months from the date of coming into force of this Part for registration as a probationary property manager under the

Register of Probationers shall be entitled to have his name so registered if he proves to the satisfaction of the Board that he has ten years experience as an estate agent.

Qualification for registration of property managers and probationary property managers 22h. (1) Subject to the provisions of this Act, no person shall be entitled to have his name entered under Part IV of the Register unless he has been registered as a probationary property manager under this Act.

(2)

Any person who has passed the examinations prescribed by the Board or who has obtained qualifications which the

Board recognizes as equivalent to such examination may apply to the Board to be registered as a probationary property manager.

(3)

A probationary property manager shall be required to obtain the practical experience and to pass the Test of

Professional Competence prescribed by the Board or any equivalent test or examination recognized by the Board.

(4)

Where a probationary property manager has complied with the requirements of subsection (3), he may apply to the

Board to have his name entered in the Register.

Property management practice 22i. (1) Subject to the provisions of this Act, a registered property manager who has been issued with an authority to practise by the Board shall be entitled to practise his profession and shall be authorized to undertake property management practice.

(2)

The property management practice referred to in subsection (1) includes the following:

(a)

enforcing the terms of leases and other agreements pertaining to the property;

(b)

preparing budgets and maintaining the financial records for the property;

(c)

monitoring outgoings for the property and making payments out of the income from the property;

(d)

advising on sale, purchase and letting decisions;

(e)

advising on insurance matters;

(f)

advising on the opportunities for the realization of development or investment potential of the property;

(g)

advising on the necessity for upgrading the property or for the merging of interests;

Valuers, Appraisers and Estate Agents (Amendment)

(h)

managing and maintaining the building and facilities attached to the building; and

(i)

making or checking of inventories of furniture, fixtures, trade stocks, plant or machinery, or other effects.

Restriction on property management practice 22j. (1) No person shall, unless he is a registered property manager and has been issued with an authority to practise under section 16—

(a)

practise or carry on business or take up employment under any name, style or title containing the words

“Property Manager”, “Managing Agent”, or the equivalent thereto in any language or bearing any other word whatsoever in any language which may reasonably be construed to imply that he is a registered property manager or he is engaged in property management practice or business;

(b)

act as a property manager;

(c)

carry on business or take up appointment or engagement as a property manager;

(d)

display any signboard or poster, or use, distribute or circulate any card, letter, pamphlet, leaflet, notice or any form of advertisement, implying either directly or indirectly that he is a registered property manager or he is engaged in property management practice or business;

(e)

undertake for a fee or other consideration any of the work enumerated in subsection 22i(2); or

(f)

be entitled to recover in any court any fee, commission, charge or remuneration for any professional advice or services rendered as a property manager.

(2)

Paragraph (1)(b) shall not apply to the owner of any land, building and any interest therein who manages such land, building and interest.

(3)

For the purposes of subsection (2), “owner” in relation to any land, building and any interest in the land or building means—

(a)

the registered owner;

(b)

the beneficiary of any estate or trust of a deceased person; and

(c)

a lessee whose interest is registered under the National

Land Code [Act 56 of 1965], the Sarawak Land Code

[Sarawak Cap. 81] and the Sabah Land Ordinance

[Sabah Cap. 68].

(4)

For the purposes of paragraphs (3)(a) and (c), a registered owner or a lessee may be an individual or a company but shall not include any shareholder in the company owning such land, building and interest in the land or building unless such land, building and interest is wholly owned by the company.

(5)

The provisions relating to restrictions of property management practice as contained in subsection (1) shall apply mutatis mutandis to a firm.”.

Amendment of section 23