To minimize disruptions in brokerage operations stemming from an unexpected event a broker should have a succession plan in place before the unexpected event occurs.
For succession plan a broker can consider the following points:
Check the governing documents of the entity to see who has authority to appoint a new designated broker.
If it is seen the same person as the designated broker, an attorney should be contacted to amend the governing documents so that another person could be added to the ownership and governance of the entity.
If it requires the unanimous consent of all of the directors, members, or partners, and the designated broker is member of one of those parties, attorney is contacted to amend the governing documents to allow the remaining directors, members, or partners to appoint a new designated broker.
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