Agency Agreement (Drafting)

A commercial representative also known as an agent, acts on behalf of and in the name of the principal, and either conveys orders to the principal, or concludes transactions which become binding on the principal. The final transaction is concluded between the customer and the principal, i.e. the agent does not become a party to the contract. The main task of an agent is to actas binding force in bringing together the parties of a transaction.

 

BASIC INFORMATION:

 

An agency agreement is a legal contract creating fiduciary relation under which the first party ("the principal ") agrees that the actions of a second party ("the agent ") binds the principal to later agreements made by the agent as if the principal had himself personally made the later agreements. 

 

 

FEATURES OF AGENCY AGREEMENT:

 

1. REPRESENTATION

The agency agreement sets out the appointment of the Representative. It is not stated to be an exclusive arrangement.

 

2. COMMENCEMENT AND DURATION

The agency agreement contains commencement date and initial duration. Either party has the right to terminate on giving notice – initially to expire at the end of the first year and thereafter on 3 month’s notice or whatever period is agreed between the parties. Unless terminated, the agreement will continue from year to year.

 

3. DUTIES OF REPRESENTATIVE

Agency agreement contains the obligations of the Representative which includes registering the Client with relevant government and other departments that issue tender invitations and forwarding tender documents to the Client, plus such other services as the Client may reasonably request. Times of inspections and good faith shall also be included under this clause.

 

4. REPRESENTATIVE’S FEES AND EXPENSES

This Clause contemplates that the Client will pay a fixed fee for the Representative’s services as well as reimbursing expenditure which is incurred. That expenditure must have the Client’s prior written authority. Tender documents can be expensive and the Client will only want to pay for them if he has expressed an interest in the tender and authorised the Representative to obtain them.

 

5. RELATIONSHIP OF PARTIES

This clarifies the relationship, in particular, making it clear that the Representative has no authority to enter into commitments without the Client’s prior written consent.

8. CONFIDENTIALITY

The nature of the Agency Agreement is such that confidentiality is clearly required and this is specified here.

“The Representative acknowledges that it has been supplied with a copy of the Client’s Code of Conduct and undertakes with the Client to abide by its terms and not to act or permit any of its personnel to act in any manner that is in contravention of the Code of Conduct.”

Documents


Passport Photo

Passport photo of all parties.


PAN Card

PAN card of all parties.


Aadhar Card

Aadhar card of all parties.


Utility Bill

Utility bill of Electricity or Telephone.


Address Proof

Valid Address Proof of all the parties.


Licence

Valid Driving Licence of all the parties.


Terms and Conditions

Terms and Conditions between the parties.


Other Documents

Other documents will be intimated through e-mail.

FAQ

The agency agreement is formed when one person, called the agent, is authorized by another person, called the principal, to act on the principal's behalf.

Agency agreements are often used in many situations including but not limited to: Outsourcing vendors, Hiring legal representation, working with realtors, hiring an accountant, using marketing services, Employing investment brokers, Business employees making decisions for their employer.

Agency agreement could be in writing or could be a verbal agreement.

One who is legally competent to contract is eligible to employ an agent, i.e. he should have attained the age of 18 years and of sound mind.

Any person can be an agent. Even a minor or a person with unsound mind can be an agent. But a minor is not liable to his principal.

Image result for consideration for agency Consideration is not mandatory: There is no legal requirement of consideration, to support the relationship between the principal and agent

A contract of agency may be express or implied. Agency contract may also arise by estoppel, necessity or ratification.

In certain circumstances, a person who has been entrusted with another’s property may have to incur unauthorized expenses to protect or preserve it. This is called an agency of necessity.