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Category: Canada Law
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Experience:  Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997
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Can I as a real estate agent incorporate a business to handle

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Can I as a real estate agent incorporate a business to handle my real estate transactions?
I see that this question has been lingering around for sometime which tells me that no expert is completely certain as to the answer.

I am not entirely certain myself, but at least I can give you a plan of action that will surely result in an answer.

I have reviewed the Manitoba Real Estate Brokers Act in an effort to find an answer, but unfortunately, it is ambiguous at first reading. It defines a "broker" as a "person" rather than listing all of the various entities that are allowed. This suggests that a corporation is not acceptable.

Later, however, it refers to a broker corporation which clearly suggests that it is acceptable.

Often times, when legislation refers to a person, it means any entity capable of carrying on business, unless a contrary intention is specified.

As such, I understand from the above that a corporation is allowable.

Having said this, the Act is administered by the Manitoba Securities Commission and as such, all you really have to do to find out definitively is call them and inquire.

You can find out all about them at:

Hope this helps.

Kindly accept so that I can be credited with the above assistance.
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