agency代理课件

agency代理Agency Group members:蔡汝梅蔡汝梅 09钟春媚钟春媚 15许玉兰许玉兰 31agency代理 Definition Types of agency Agencys entitlements in international trade Agencys obligations in international trade Why do we choose agency Case study123456 Outline7Conclusionagency代理1.Definition An agency arises when one person(the principal 委托人)authorizes another person(the agent 代理人)to make contracts on his behalf with third parties.It follows that there will usually be an actual appointment to confer the necessary authority on the agent.Once appointed,he shall act for the principal within the agreed authority to make contracts on the principals behalf.agency代理2.Types of agency2.1 Brokers (经纪经纪人人)2.2 General Agent（总总代理）代理）2.3 Sole Agent(Exclusive Agent)（独独家代理）家代理）2.4 Commission Agent（一般代理或（一般代理或佣佣金代理）金代理）agency代理 An agent who brings two parties together Enabling them to enter into a contact to which the broker is not a principal2.1 Brokers (经纪人经纪人)agency代理 An agent who is authorized to do all acts related to principals business It may include negotiating contacts,establishing credit,advertising,arranging for shipping,and setting up overseas offices and outlets（销售点）.2.2 General Agent（总代理）（总代理）agency代理 It is authorized by the principal to exclusively transact the business of his principal of a specific kind within a specific place Sole agency will not sell other goods that compete with the principals2.3 Sole Agent(Exclusive Agent)（独家代理）（独家代理）agency代理 A firm or a person who acts under some degree of instructions from his principals to sell(or to buy)goods on the best terms obtainable.He charges a“commission”for his services under some kind of agreement or contract.2.4 Commission Agent（一般代理或（一般代理或 佣金代理）佣金代理）agency代理 Whats agencys entitlements in international tradWhats agencys entitlements in international trade?e?3.3.To charge commission and disbursement(To charge commission and disbursement(垫垫付款付款)4.To be entitled to own lien(4.To be entitled to own lien(留置留置权权)of related goods and moneyof related goods and money1.1.To sign commission contract (To sign commission contract (签订签订委托合同委托合同)2.2.To To be aware of all information about its entrustments be aware of all information about its entrustments agency代理 Whats agencys obligation in international tradWhats agencys obligation in international trade?e?1.To perform commission contract1.To perform commission contract（履行委托合同）（履行委托合同）3.To obey the national laws,regulations and other foreign trade management systems3.To obey the national laws,regulations and other foreign trade management systems2.To report any events related to the business to the principal2.To report any events related to the business to the principal4.To keep any business secret and relevant information caused by agency service 4.To keep any business secret and relevant information caused by agency service 5.To safeguard the interests of the principal and minimize the loss5.To safeguard the interests of the principal and minimize the lossagency代理Why do we choose agency when exploring international market?ConnectionsHuman resource and traffic costTime and energy agency代理Case study In February 29,Company A(a domestic trading company)entrusted Company B（a foreign trade agent)to export goods to foreign customers and signed an agency agreement as follow:After the goods have been exported,Company A is not allowed to request any payment by company B no matter on what reasons does the customer refuse to pay the foreign exchange payment.After receiving full payment from Company A,Company B should pay to export supplier with 5 working days.Then,Company B worked as buyer to sign a series goods contract with Company C(export supplier).However,due to company As foreign customers tight liquidity(资金周转紧张),Company B cant receive the payment timely and fail to pay for the Company C.Soon after,Company C accused Company B and required Company B for payment in arrears(支付拖欠货款)in the reason of Company Bs payment default(拖欠货款).Company B replied to the charge and disclosure（披露)Company A（principal委托人）.agency代理Question:Who should responsible for the payment in arrears(拖欠款拖欠款项项)?Answer:Company A should responsible for the payment in arrears.Analysis:In this case,Company A pay the foreign exchange fee to Company B,and then Company B transfer the payment for goods to the export supplier(Company C).However,due to Company As failure in providing the payment timely,Company B cant pay for the Company C.So,the original fault of this case is caused by Company A and it should take the full responsible towards this event.agency代理Conclusion With the rapid development of international trade,agency plays an important role in connecting the countries trading.All kinds of agencies own certain entitlements and have to take the responsibility to its obligations in accord with the commission contract.Choosing the credible and responsible agency not only save our time and cost,but also help us reduce business risk in international trade.agency代理