Do you need any legal documents if you are the agent of a foreign company? Seek an answer

Introduction to foreign trade agency The so-called foreign trade agency means that foreign trade companies in China act as agents for domestic customers and supply departments, sign import and export contracts on their behalf, and charge a certain commission or handling fee. For a long time in the past, China's foreign trade companies have always adopted the acquisition system, that is, foreign trade companies use their own funds to buy export goods from domestic supply departments, and then foreign trade companies export in their own names, taking responsibility for their own profits and losses. One of the main purposes of implementing the foreign trade agency system is to change the traditional practice in the past, that is, foreign trade companies accept the entrustment of domestic supply departments, sign export contracts on their behalf, handle export procedures on their behalf, and collect agreed commissions. As for the profit and loss of exports, the domestic supply department is responsible. The main benefits of this reform are: it helps domestic suppliers understand the requirements of the international market for products and urges them to improve the quality of their export products; Improve its competitiveness and export earning capacity; Enhance the sense of responsibility of domestic production and supply departments to fulfill export contracts, and urge them to improve their management level and economic benefits; At the same time, it can also reduce the financial burden of foreign trade companies in purchasing export goods, and make the management methods of foreign trade companies more flexible and diverse. This is very beneficial to industry and trade.

Relevant laws and regulations

Article 63 of China's General Principles of Civil Law stipulates that citizens and legal persons may carry out civil juristic acts through agents. An agent carries out civil juristic acts in the name of the principal within the scope of agency authority, and the principal shall bear civil liability for the agent's agency acts.

National laws and regulations

For the concept of agency, civil law countries generally have a narrow definition. The article 164, paragraph 1 of the German Civil Code stipulates that the expression of will made by the agent in the name of the principal within the scope of agency authority has direct effect on the principal and the principal. [1] Article 1984 of the French Civil Code stipulates that entrustment or agency is the act that one party authorizes the other party to handle affairs for the principal in the name of the principal. [2] In order to broaden the scope of agency, civil law countries also stipulate that the principal can only have a legal relationship with a third party after two contract procedures. The first is a contract concluded between an agent and a third party, and the second is a contract in which an agent transfers relevant rights to a client. The concept of agency in Anglo-American legal system is relatively complete and has the characteristics of integration. British jurists believe that when a person (agent) enters into a contract with a third party under the authorization of the principal (principal), the legal relationship between the agent and the principal is called agency. The contract concluded by the agent is valid for the principal and the third party. [3] Obviously, the agent expressed in this concept includes both express agent and anonymous agent (the so-called agent means that when concluding a contract with a third party, he indicates that he is an agent, but does not indicate the name of the principal), and also includes agents who have not disclosed the identity of the principal (agents who have not disclosed the identity of the principal), even in the agency relationship of the three parties. In contrast, the concept of agency stipulated in Article 63 of the General Principles of Civil Law is too narrow, that is, the agent must be in the name of the principal, and only the agent is understood as the act of the principal. From a legal point of view, agency refers not only to agency behavior, but also to agency legal system, and more importantly, to agency legal relationship. Accordingly, some scholars put forward that agency is a civil legal relationship between the principal, the agent and the third party. An agent carries out civil activities with a third party according to the agency right, and his rights and obligations are directly borne by the principal, but the relationship between behavior and discipline is not included in the concept of agency. [4] This concept broadens the scope of the concept of agency in China, indicating that the agency in China should include not only express agency, but also anonymous agency, and regard this subject as an independent civil legal relationship. Article 63 of the General Principles of Civil Law stipulates that citizens and legal persons may carry out civil juristic acts through agents. An agent carries out civil juristic acts in the name of the principal within the scope of agency authority, and the principal shall bear civil liability for the agent's agency acts.

In the laws and regulations of various countries, the concept of agency is generally narrow. The article 164, paragraph 1 of the German Civil Code stipulates that the expression of will made by the agent in the name of the principal within the scope of agency authority has direct effect on the principal and the principal. [1] Article 1984 of the French Civil Code stipulates that entrustment or agency is the act that one party authorizes the other party to handle affairs for the principal in the name of the principal. [2] In order to broaden the scope of agency, civil law countries also stipulate that the principal can only have a legal relationship with a third party after two contract procedures. The first is a contract concluded between an agent and a third party, and the second is a contract in which an agent transfers relevant rights to a client. The concept of agency in Anglo-American legal system is relatively complete and has the characteristics of integration. British jurists believe that when a person (agent) enters into a contract with a third party under the authorization of the principal (principal), the legal relationship between the agent and the principal is called agency. The contract concluded by the agent is valid for the principal and the third party. [3] Obviously, the agent expressed in this concept includes both express agent and anonymous agent (the so-called agent means that when concluding a contract with a third party, he indicates that he is an agent, but does not indicate the name of the principal), and also includes agents who have not disclosed the identity of the principal (agents who have not disclosed the identity of the principal), even in the agency relationship of the three parties.

In contrast, the concept of agency stipulated in Article 63 of the General Principles of Civil Law is too narrow, that is, the agent must be in the name of the principal, and only the agent is understood as the act of the principal. From a legal point of view, agency refers not only to agency behavior, but also to agency legal system, and more importantly, to agency legal relationship. Accordingly, some scholars put forward that agency is a civil legal relationship between the principal, the agent and the third party. An agent carries out civil activities with a third party according to the agency right, and his rights and obligations are directly borne by the principal, but the relationship between behavior and discipline is not included in the concept of agency. [4] This concept broadens the scope of the concept of agency in China, indicating that the agency in China should include not only express agency, but also anonymous agency, and regard this subject as an independent civil legal relationship.

Speech is ok, but it is of little use. The best way is to exchange business. You must be the freight forwarder. It should be understandable. It is more practical than legal documents to coordinate the proportion of imports and exports and achieve fiscal balance.