Cap. 644 Art. 19Eligibility for licences.    Cap. 13.    Cap. 13.

(1) Any person is eligible to obtain a licence to act as a property broker or real estate agent or a branch manager provided such person:

(a) has attained the age of eighteen (18) years or has been emancipated to trade in accordance with article 9 of the

Commercial Code; and

(b) holds a certificate in real estate having as its subject matter the legal, financial, technical and communication aspects related to real estate, its marketing and sale, at a minimum of twelve (12) ECTS at level four (4) of the Malta Qualifications Framework attained from a fully licensed training institution by the National Commission for Further and Higher Education; or

(c) holds any other qualifications which the Malta Qualifications Recognition Information Centre recognises as being equivalent:

Provided that where the Agency considers the equivalence of the qualifications to be only partial, the applicant may provide alternative evidence as a proof of his competence which the Agency may deem satisfactory or otherwise.

(2) Any person is eligible to act as a property consultant or as a specific property consultant, provided such person:

(a) has attained the age of eighteen (18) years or has been emancipated to trade in accordance with article 9 of the

Commercial Code; and

(b) holds a certificate in real estate having as its subject matter the legal, financial, technical and communication aspects related to real estate, its marketing and sale, at a minimum of eight (8) ECTS at level four (4) of the Malta Qualifications Framework attained from a fully licensed training institution by the National Commission for Further and Higher Education; or

(c) holds any other qualifications which the Malta Qualifications Recognition Information Centre recognizes as being equivalent:

Provided that where the Agency considers the equivalence of the qualifications to be only partial, the applicant may provide alternative evidence as proof of his competence which the Agency may deem satisfactory or otherwise.

(3) Notwithstanding sub-articles (1) and (2), no person shall apply for, or obtain, or be eligible to hold a licence, or for the renewal of a licence, in accordance with this Act if:

(a) he is interdicted or incapacitated in terms of civil law or is bankrupt and has not obtained the order of discharge issued by the competent Court, or if he has obtained the order of discharge, it is suspended for a term which has not yet expired or is subject to conditions which are not yet fulfilled; and

(b) he does not present a certificate of conformity issued by the Commissioner for Tax and Customs; or

(c) having regard to the applicant’s conduct and repute, his financial position and the interests of the public, the applicant is not a fit and proper person to carry out the activity of property broker or real estate agent or to act as branch manager, property consultant, or specific property consultant.

(4) The Minister, after consulting the Agency, may by regulations establish:

(a) the minimum subject matter requirements of any courses or other training leading to the granting of a certificate in real estate in terms of this article;

(b) the minimum subject matter requirements of any continuous professional development organised in respect of estate agents, property brokers, branch managers, property consultants or specific property consultants;

(c) the level or length of experience which a person shall require in order to be exempt from producing formal qualifications or from undergoing further training in order to be eligible to continue to perform any activity which requires a licence under this Act; and

(d) the content of any aptitude test to which a person exercising an activity which requires a licence in accordance with this Act may be required to sit for.