An agency agreement is an agreement between the Customer hiring the Agent and the Agent himself, according to which the Agent is entrusted with the fulfillment of certain types of services, actions and obligations on behalf of the Customer and on behalf of the Customer and in the interests of the Customer.
PARTIES TO THE AGENCY AGREEMENT
Customer - a legal entity or an individual entrepreneur, in whose interests the Agent acts and for which he executes an order and performs agreed actions.
Agent - a person (individual or legal entity, or individual entrepreneur) acting as a trustee, intermediary authorized to perform a certain range of actions on behalf of and in the interests of the Customer.
Conditions that the parties need to agree on in the Agency Agreement:
* Subject of the contract - that is, those actions that the Agent will carry out. This may be services for the purchase / sale of goods, forwarding services, real estate services, etc.
* On what behalf will the agent speak. The Agent may perform actions under the Agency Agreement both on behalf of the Customer and on its own behalf.
* Amount and procedure for payment of remuneration to the Agent. Agent's remuneration may be fixed or calculated as a percentage of the amount of transactions concluded with clients due to the Agent’s perfect actions.
* Reporting of the Agent for its actions. The agent is responsible for all committed actions, therefore the Agent is obliged to inform the Customer of all such actions. In what order and in what time frame the Agent will submit such reports, the parties agree in the Agency Agreement.
The Civil Code of the Republic of Kazakhstan does not contain the rules governing precisely the Agency agreements, since it is believed that the Agency agreement is an agreement regulating the generalized nature of relations in any transactions, one of the obligatory participants of which is the Intermediary (Agent). The Civil Code of the Republic of Kazakhstan identifies only specific types of contractual agency relations, including commission contracts, commissions, services, etc., each of which has its own characteristics that determine the rights and obligations of the parties.
In this section you can familiarize yourself with a sample agency agreement.