Business scope of intermediary services
(1) Accounting and evaluation
: Including all kinds of accounting firms, asset evaluation or credit evaluation, etc.
(two) industry and commerce, tax agency consulting.
Including industrial and commercial agency, industrial and commercial consultation, tax agency, tax consultation, etc.
(3) Patent and trademark agency
Including patent agency, trademark agency and intellectual property agency.
(4) introduction of occupation and marriage.
Including personnel agency service, employment introduction service, employment guidance and training service, headhunting company, talent market, labor market, labor export, matchmaking service, etc.
(5) Business information consultation.
Including business agents, business consulting, business transaction intermediary services, providing business information services, transportation agents, passenger ticketing agents, logistics, warehousing, e-commerce, express delivery services, etc.
(6) Real estate intermediary services
Including real estate marketing planning, transaction information, consulting services, real estate brokers, real estate sales agents, real estate qualification assessment, valuation intermediary services, etc.
(7) Financial, insurance and securities intermediary services.
Including insurance agency, consulting services, insurance assessment, investment companies, securities companies, listed companies sponsorship services, futures, non-bank financial consulting intermediary services.
(eight) enterprise management, project management services
Including enterprise management consulting, planning, image design, diagnosis and other services, architectural design consulting, engineering supervision, engineering quality management intermediary services.
(9) Science and technology intermediary services
Including quality, measurement, testing and certification services, technology consulting companies, technology trading intermediary services, etc.
(ten) culture, education and sports intermediary services.
Including cultural brokers, cultural communication, performance companies, etiquette companies, education consulting services, study abroad intermediary services, folk education quality supervision services, higher education consulting, evaluation services, sports brokers and so on.
(1 1) advertising industry
Including advertising consultation, planning, design and communication.
(twelve) legal and notary services.
Including judicial authentication institutions, arbitration institutions, legal advisory services, law firms, legal aid centers, grassroots legal services, etc.
(13) social organizations
Trade associations and other community organizations.
(14) Other intermediary services.
Including all kinds of intermediary services not included above, such as pawn, auction, travel agency, property management, guarantee, exhibition service, property right transaction intermediary, entry-exit intermediary, etc.
Among them, the above-mentioned categories (1) to (1) and (14) belong to for-profit intermediary services, and the above-mentioned categories (12) and (13) (legal consulting service institutions
Management function of intermediary service
Intermediary service is an important part of modern service industry, and it is also an important way to expand inland opening, promote coordinated development between urban and rural areas, and reduce? Three gaps? Effective means. Vigorously developing intermediary service industry plays an important role in promoting economic growth, optimizing industrial structure, promoting social management innovation, and supporting entrepreneurship to promote employment.
The development of intermediary service institutions plays an increasingly important role in transforming government functions, perfecting market system, adjusting industrial structure and serving social and economic development. Mainly reflected in:
First, it enlivened the local economy. Intermediary service agencies have played a role of matchmaking for enterprise investment by engaging in activities such as investment project promotion and investment direction inspection. Intermediaries such as housing agency, automobile agency and trademark agency have promoted the development of the industry market to some extent.
The second is to promote enterprise development. By engaging in advertising and marketing planning, intermediary service agencies further enrich the competitive means of enterprises, create a broader service choice space for the development of operating enterprises, win development time, enrich development ideas and reduce operating costs.
The third is to promote the tertiary industry. Because intermediary service agencies mainly rely on providing various services to clients to obtain operating profits, they have the characteristics of low operating cost, low risk coefficient and flexible operating mechanism, attracting more and more people with business minds to set foot in this industry and showing considerable development potential.
Fourth, it is convenient for people's lives. Intermediary service agencies directly benefit most people by engaging in business closely related to people's production and life, such as house sale and rental promotion, marriage introduction, life consultation, psychological consultation, employment introduction, study abroad intermediary, investment attraction, etc., which greatly facilitates people's production and life.
Intermediary service business contract
Intermediary service contract refers to an agreement that one party engages in intermediary business such as brokerage, intermediation or entrustment in order to facilitate the other party's transaction in economic activities, and the other party pays commission for it. One party handling intermediary business is an intermediary (broker) and the other party is the principal.
Legal characteristics of intermediary service contract
Intermediary service contract is the basis of intermediary activities, and it is a legal means for civil subjects to entrust others to carry out economic exchanges and various civil activities for themselves in order to meet the needs of production, operation and daily life in a commodity economy society. Therefore, it has a wide range of applications and various contents. To sum up, the intermediary service contract has the following legal characteristics:
Intermediary service contract is a contract to provide services.
What the intermediary provides to the client is not things or work results, but the service behavior itself. Therefore, the object of an intermediary contract is not a thing, but an act that embodies certain material interests, including intermediary, punishment and agency.
Intermediary service contracts have many meanings and forms.
Intermediary contract is essentially the general name of intermediary contract, brokerage contract and entrustment contract in traditional civil law. Therefore, its forms are various, which can be simple intermediary contract, brokerage contract or entrustment contract, or a combination of the three. Intermediaries and clients should decide what kind of intermediary contract to sign according to the nature of the services they provide or need, so as to apply different legal provisions and clarify their respective rights and obligations.
Involving a third party other than the middleman and the principal.
This feature is determined by the purpose of concluding an intermediary contract. The purpose of concluding an intermediary contract with the principal is to urge the principal to trade with a third party through the labor of the intermediary. The broker provides the opportunity to conclude a contract for the benefit of the client, or between the client and a third party, and acts as a contracting medium, or signs a contract with a third party in the name of the client, or signs a contract with a third party in its own name to handle transactions such as the sale and consignment of movable property. In short, intermediary contracts often involve a third party other than the subject of the contract.
It can be paid or unpaid.
Under the condition of modern market economy, the purpose of intermediary agencies to provide intermediary services to clients is often to collect commissions, so intermediary service contracts are mostly paid contracts, but entrustment contracts can be paid or unpaid. Therefore, the intermediary service contract can be paid or unpaid. But the law encourages the noble morality of helping others for free.
Intermediary service contract is a kind of contract that promises but does not promise.
As soon as the two parties reach an agreement, the intermediary service contract is established, and there is no need to deliver something or complete some behavior; There is no need to follow a fixed form in concluding a contract, and the parties are free to choose oral form, written form or other forms.