The agency contract is a promise contract. When the principal entrusts his affairs to others and the trustee makes a promise and reaches an agreement, the entrustment contract is established, which conforms to the concept and characteristics of a promise contract. An agency contract can also be called a principal-agent contract, which refers to a contract signed between an agent and a principal, whereby the agent handles the principal's affairs in the name of the principal and the consequences are borne by the principal.
Types of agency contracts:
1. The agency contract is a bilateral, paid contract. The agent is obliged to carry out sales and other activities for the principal in his name, and the principal is obliged to pay remuneration to the agent;
2. The agency contract is of an entrustment nature. An entrustment contract is a contract in which the principal and the trustee agree that the trustee will handle the principal's affairs;
3. The agency contract is a promise contract. As long as the expression of intention is unanimous, the agency contract will be established.
How to sign an agency contract?
The process of signing an agency contract is as follows:
1. Select the agent carefully and review the agent’s ability to perform agency affairs. Some require professional qualifications or business qualifications to exercise For agency affairs, the client should examine whether the agent has professional qualifications or business qualifications;
2. The entrusted matters are clear, and the entrusted matter is a contract in which the agent handles the client's affairs. Therefore, the entrusted matters must be specific and clear. ;
3. The scope of authorization is clear to avoid adverse legal consequences;
4. The agency period is clear. If the agency period is too long, there may be certain legal consequences for the principal. Risks;
5. Clear remuneration;
6. The entrusted matters should be legal. Illegal entrusted matters will cause the contract to be invalid, and will cause the principal and the agent to bear certain legal liabilities. Responsibility;
7. Delegation.
To sum up, an agency contract refers to an agreement between the agent and the principal regarding the agency, which stipulates the rights and obligations of both parties. Agency means that the agent, within the authority of the agency, When a civil legal act is performed in the name of the principal, the principal shall bear civil liability for the agent's acts.
Legal basis:
Article 919 of the "People's Republic of China and Civil Code"
An entrustment contract is an agreement between the principal and the trustee , a contract whereby an attorney handles the affairs of the principal.
Article 922
The trustee shall handle the entrusted affairs in accordance with the instructions of the principal. If it is necessary to change the principal's instructions, the principal's consent shall be obtained;
If it is difficult to contact the principal due to an emergency, the trustee shall properly handle the entrusted affairs, but shall promptly report the situation to the principal afterwards .