A Representation Agreement (Vollmacht) is essential in Austrian business and legal practice when one party needs to authorize another to act on their behalf. This document is commonly used in various scenarios, from simple business transactions to complex corporate representations. Under Austrian law, particularly the ABGB (Austrian Civil Code), specific requirements must be met for the agreement to be valid and enforceable. The document typically includes detailed provisions about the scope of authority, responsibilities, duration, and termination conditions. It's particularly relevant when companies need to delegate authority for business operations, when individuals require representation for personal matters, or in cross-border situations where Austrian law governs the representation relationship. The agreement serves as crucial evidence of authorization and helps prevent misunderstandings about the extent of delegated powers.
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1. Parties: Identification of the principal (Vollmachtgeber) and the representative (Bevollmächtigter), including full legal names and addresses
2. Background: Context of the representation relationship and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Appointment and Scope of Authority: Express appointment of representative and detailed description of the powers granted
5. Duration: Term of the representation, including start date and whether it's limited or unlimited in time
6. Duties and Obligations of the Representative: Core responsibilities, duty of care, loyalty, and reporting obligations
7. Rights and Powers of the Representative: Specific authorities granted and their limitations
8. Instructions and Communications: Process for giving and receiving instructions between parties
9. Remuneration and Expenses: Payment terms, expense reimbursement, and payment procedures
10. Termination: Grounds and process for termination of the representation
11. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes
1. Sub-delegation: Include when the representative may need to delegate powers to others
2. Conflict of Interest: Include for commercial representations or when multiple interests may be involved
3. Data Protection: Include when personal data processing is involved, ensuring GDPR compliance
4. Insurance Requirements: Include when professional liability insurance is required
5. Non-Competition: Include for commercial representations to prevent conflicts
6. Intellectual Property: Include when representation involves IP rights or creative works
7. Force Majeure: Include when long-term representation might be affected by external events
8. Confidentiality: Include when sensitive information will be handled
1. Schedule 1 - Specific Powers: Detailed list of specific powers and authorities granted
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, charges, and payment terms
3. Schedule 3 - Reporting Requirements: Format and frequency of required reports
4. Schedule 4 - Authorized Persons: List of individuals authorized to give instructions (if applicable)
5. Schedule 5 - Form of Notice: Templates for various notices required under the agreement
6. Appendix A - Required Documentation: List of documents required for verification of representation
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