11:5-9.4 INSURANCE
v. Statement of Non-conviction and partner, officer, director or principal disclosure;
vi. Consent(s) to service of process; and
vii. Broker’s Affidavit and application for release.
6. A certified property report and statement of record of the Office of Interstate Land Sales Registration, Department of Housing and Urban Development, may be filed as a statement of record conforming to the requirements of the Act, provided the following documentation shall also be submitted:
i. Consent(s) to service of process;
ii. Audited financial statement(s) as provided in N.J.A.C. 11:5-6.4(a)15;
iii. A statement detailing any bonding or security agreements entered into;
iv. Broker’s Affidavit and application for release;
v. A copy of each contract to be used in the sale of property in the development to New Jersey purchasers;
vi. Statement of Non-conviction and partner, officer, director or principal disclosure;
vii. A copy of the articles or certificate of incorporation;
viii. Application/affidavit of developer; and
ix. Such other additional documents or proofs that may be requested.
7. The acceptance of the certified report and statement of record of the Office of Interstate Land Sales Registration may be conditioned upon an acceptable on-site inspection by the Commission or its designee. No marketing or sales activity will be permitted in New Jersey until all the proper authorizations have been received by the applicant and broker from the Commission.
8. Any applicant who wishes to register a subdivision which has been similarly registered in this State or any other state where the requirements of that registration are substantially similar to those imposed by this subchapter, may submit a certified copy of the approved application for registration filed in such other jurisdictions. In the event the Commission finds upon review that such an application substantially conforms to the standards and requirements imposed by the Act and this subchapter, the Commission may register such property; provided, however, that prior to such registration, the Commission may require submission of such supplemental documents and information as it may deem necessary.
9. Nothing herein, or in the Act, shall be construed to require an applicant to whom an Order of Registration has previously been issued to file any additional documents or affidavits with
the Commission other than notices of amendments or requests for approval of material change(s) and annual reports prior to the expiration of that Order of Registration.
(b) The forms used by the Bureau of Subdivided Land Sales Control in the New Jersey Real Estate Commission are listed in the table below.
BUREAU OF SUBDIVIDED LAND SALES FORMS
. Broker-Developer application/affidavit
. Statement of Non-conviction and partner, officer, director or principal disclosure
. Consent to Service of Process
. Annual report of registered properties
. Application for limited exemption or complete exemption
. New Jersey Public Offering Statement—Timeshare (may not be required where situs state Public Offering Statement is deemed acceptable)
. New Jersey Public Offering Statement—Non-timeshare (may not be required where situs state Public Offering Statement is deemed acceptable)
. Application for Registration Questionnaire
Amended by R.1998 d.497, effective October 5, 1998. See: 30 N.J.R. 2333(a), 30 N.J.R. 3646(a). In (a), rewrote 6. Amended by R.2003 d.440, effective November 3, 2003. See: 34 N.J.R. 4043(a), 35 N.J.R. 5109(a). Added (b). Amended by R.2009 d.287, effective September 21, 2009. See: 41 N.J.R. 1381(a), 41 N.J.R. 3440(a). In (a)2, inserted the first sentence and the first occurrence of “paper”; in (a)5v, substituted “Statement of Non-conviction and partner” for “Partner”; and rewrote (a)6iv and (a)6vi.
11:5-9.4 Contents of application for registration
(a) All applications for registration shall contain the following documents and information:
1. A form application provided by the Commission in which the applicant identifies the specific lots, parcels, units or interests to be registered. The application shall be accompanied by an affidavit, on a form provided by the Commission, signed by the applicant which affirms and attests that the applicant is familiar with the project being registered, the nature and content of the application for registration, the Act and the rules promulgated thereunder, and that the contents of the application are true and correct and conform with those requirements. A second affidavit to be completed by the designated New Jersey broker of record shall accompany the application. The broker’s affidavit shall state that he is familiar with the registration and its contents or has physically inspected the property, or both, that he is familiar with the Act and the rules promulgated thereunder, and with