New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 26 - PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT REGULATIONS › Subchapter 3 - APPLICATION FOR REGISTRATION › Section 5:26-3.1 - Contents of application for registration

Current through Register Vol. 56, No. 14, July 15, 2024
(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.