Now there are many formal commission rebate platforms for investment. If the commission is generated in the investment process, the commission platform can return the commission to the investor. In addition, after the transaction is successful, the intermediary company will return the commission to the introducer. So the promised anti-commission is not illegal? Learn something about it from me.
1. Is it illegal not to give the promised commission?
Rebate, commonly known as rebate, refers to the price that the seller returns to the buyer according to a certain proportion from the payment for goods paid by the buyer (see Cihai 1 September 19991Edition, page 2054). If there is no contract or written evidence, it is not good to ask for commission and rebate. If there is written evidence or contract agreement, the other party can pursue its own losses through legal channels after going back on its word. It should be noted that kickbacks can be simply divided into "express in the account" and "secret outside the account" according to whether they can be taken secretly outside the account. The kickback defined in the Anti-Unfair Competition Law is a secret kickback outside the account, and it is also a typical commercial bribe. The "express" rebate in the account is legal income, while the secret rebate outside the account is illegal income, even a crime.
Second, how to write the rebate agreement is effective.
Commission Agreement Template
Party A: ID number:
Party B: ID number:
Now both parties have reached the following agreement on recommendation commission: Through friendly negotiation, both parties have reached the following agreement, which both parties shall abide by.
1. Relevant expenses arising from the introduction or brokerage business shall be borne by Party B..
Second, the entrustment agreement:
1. Party A agrees to pay Party B the "handling fee" arising from all transactions of customers developed by "companies or individuals" and pay it to Party B under the condition that the commission ratio of the total expenditure remains unchanged (i.e. 150%).
2. The entrusted collection account designated by Party B is: account number, full name of payee and bank of deposit.
Three. Party A shall settle Party B's commission and handling fee as agreed before15th of each month, and pay last month's commission before 20th.
Four. Party B shall not disclose the contents of this Agreement to a third party other than both parties, including but not limited to "companies or individuals", otherwise Party A has the right to terminate this Agreement unilaterally.
5. The termination period of this agreement is the same as the membership cooperation agreement signed between Party A and "company or individual"; If it is a "company or individual" qualification, this agreement will be automatically dissolved.
If the previous agreement between Party A and Party B is inconsistent with this agreement, this agreement shall prevail; For matters not covered, both parties shall sign a supplementary agreement separately.
Seven. This agreement is made in duplicate, one for each party; This agreement shall come into force as of the date of signature or seal by both parties.
Party A: Party B: Date of signing: year month day.
Legal basis: Article 465 of the Civil Law: Contracts established according to law shall be protected by law. A legally established contract is legally binding only on the parties, except as otherwise provided by law.
3. Does the rebate agreement signed between the individual and the intermediary company have legal effect?
Written form refers to contracts, letters and data messages (including telegrams, telexes, faxes, electronic data interchange and e-mails) and other forms that can tangibly express the content. So the contract signed online is legally binding.
The above is my opinion on "Is it illegal to make anti-commission without commitment?" To sum up, if the commission promised by the other party is not given after signing the agreement, it is a breach of contract and you can sue for accountability.