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Oh Division Of Re Rules Disciplinary ProcessBrokerage_operations_ohHARD

An Ohio broker's brokerage is organized as an LLC. The broker is the managing member and sole broker. If the broker becomes incapacitated and cannot manage the brokerage, which statement about the brokerage's continuation is MOST accurate?

Correct Answer

D) The Division may allow a temporary arrangement for an orderly transition, but the brokerage cannot continue long-term without a licensed broker

Ohio requires every brokerage to have a licensed broker. If the sole broker becomes incapacitated, the Division may permit temporary arrangements to protect consumers and allow an orderly transition, but the brokerage cannot operate indefinitely without a licensed broker. The LLC members must arrange for a new licensed broker or wind down operations.

Answer Options
A
The LLC can continue operating without a licensed broker because the LLC holds the license
B
The LLC is automatically dissolved upon the broker's incapacitation
C
The salespersons can collectively manage the brokerage without a broker
D
The Division may allow a temporary arrangement for an orderly transition, but the brokerage cannot continue long-term without a licensed broker

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Related Topics & Key Terms

Key Terms:

LLC_brokeragebroker_incapacitationtemporary_arrangementtransition
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