N.J. Admin. Code § 5:26-3.1

Current through Register Vol. 56, No. 11, June 3, 2024

Section 5:26-3.1 - Contents of application for registration

(a) The application for registration shall contain the following documents and information:

1. An irrevocable appointment of the Agency to receive service of any lawful process in any noncriminal proceeding arising under the Act against the developer or agents of the developer;

2. The states or other jurisdiction, including the Federal Government, in which an application for registration or similar documents have been or will be filed and any order, judgment or decree entered in connection therewith by the regulatory authorities in each of the jurisdictions or by any court or administrative body thereof;

3. The name, address and principal occupation for the past five years of every officer of the applicant or person occupying a similar status and of any person performing similar management functions; the extent and nature of any such person's interest in the applicant or the development as of a specified date within 30 days prior to the filing of the application for registration;

4. Copies of the articles of incorporation, with all amendments thereto, if the developer is a corporation; copies of all instruments by which the trust is created or declared, if the developer is a trust; copies of the articles of partnership or association and all other organization papers if the developer is organized under another form. In the event the developer is not the legal title holder to the property upon which the development is or is to be constructed the above documents shall be submitted for both the developer and the legal title holder;

5. A legal description by metes and bounds or other acceptable means of the lands to be registered, together with a map showing the proposed or actual subdivision and showing the dimensions of the lots, parcels, units or interests, as available, and the relation of such lands to existing streets, roads and other improvements. The aforesaid map shall be drawn to scale, signed and sealed by a licensed professional engineer or land surveyor;

6. Copies of the deed or other instrument establishing title in the developer and title search, title report or title certificate or binder issued by a licensed title insurance company;

7. A statement concerning any litigation, orders, judgments or decrees which might affect this offering;

8. In the event that the application for registration is for the conversion of a vacant building, an affidavit to that effect shall be submitted by the developer;

9. In the event that the application for registration is for the conversion of a building occupied by residential tenants, an affidavit of service of the proposed Public Offering Statement as required by 5:26-9.3 shall be submitted;

10. In the event that the application for registration is for a newly-constructed property, evidence of registration under the New Home Warranty and Builders Registration Act (46:3B-1 et seq.) shall be submitted;

11. A statement that the lots, parcels, units or interests in the development will be offered to the public and sold or alienated without regard to marital status, sex, race, color, creed, religious principles, national origin, ancestry, affectional or sexual orientation, or any other basis prohibited by the Law Against Discrimination (10:5-1 et seq.);

12. A statement of the present condition of access to the development and the existence of any adverse conditions that affect the development that are known, should be known or are readily ascertainable;

13. Copies of all contracts and agreements which the purchaser may be required to execute in connection with this offering;

14. In the event there is or will be a blanket encumbrance affecting the development or a portion thereof, a copy of the document creating it and a statement of the consequences upon a purchaser of a failure of the person bound to fulfill the obligations under the instrument and the manner in which the interest of the purchaser is to be protected in the event of such eventuality;

15. Two copies of the proposed public offering statement;

16. A current financial statement of the developer and any predecessor, parent or subsidiary company, including but not limited to a current profit and loss statement and balance sheet audited by an independent public accountant;

17. A statement concerning any adjudication of bankruptcy during the last five years against the developer, its predecessor, parent or subsidiary company and any principal owing more than 10 percent of the interests in the development at the time of the filing of the application for registration. This requirement shall not extend to limited partners or those whose interests are solely those of investors;

18. Copies of all easements and restrictions, whether of record or not;

19. A statement as to the status of compliance with all the requirements of all laws, ordinances, regulations of governmental agencies having jurisdiction over the premises, including but not limited to any permits required by the Department of Environmental Protection, together with copies of all necessary Federal, State, county and municipal approvals;

20. A statement that the developer, its officers or principals have never been convicted of a crime involving any aspect of real estate sales business in this State, the United States or any other state or foreign jurisdiction and that the developer has never been subject to any permanent injunction or final administrative order restraining a false or misleading promotional plan involving real property disposition;

21. An affidavit, signed by the developer, that the contents of the application are true and accurate;

22. Such other additional information as the Division may require in individual cases after review of an application for registration to assure full and fair disclosure;

23. A listing of the units in the building together with the current monthly rental thereof.

N.J. Admin. Code § 5:26-3.1

As amended, R.1979 d.349, eff. 11/1/1979.
See: 11 New Jersey Register 497(a), 11 New Jersey Register 610(b).
As amended, R.1981 d.130, eff. 5/7/1981.
See: 12 New Jersey Register 631(b), 13 New Jersey Register 259(a).
(a)12, 21 through 23, 25 through 27.
As amended, R.1983 d.446, eff. 10/17/1983.
See: 15 New Jersey Register 1055(a), 15 New Jersey Register 1758(b).
In (a), deleted old and added new 7-10 and 13. Also deleted and reserved 15., 21., 22., and 24.
As amended, R.1984 d.434, eff. 10/1/1984.
See: 16 New Jersey Register 2032(a), 16 New Jersey Register 2522(a).
Amended by R.1996 d.94, effective 2/20/1996.
See: 27 New Jersey Register 4478(a), 28 New Jersey Register 1226(a).