Agent Client Agreement for Hong Kong

Agent Client Agreement Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that establishes and regulates the relationship between an agent and their client. This document outlines the scope of agency services, responsibilities of both parties, compensation structure, and compliance requirements under Hong Kong legislation. It incorporates relevant provisions from Hong Kong's Contract Ordinance, Personal Data (Privacy) Ordinance, and industry-specific regulations, while ensuring alignment with common law principles governing agency relationships. The agreement provides clear guidelines for service delivery, dispute resolution, and termination procedures, offering protection for both the agent and client.

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What is a Agent Client Agreement?

The Agent Client Agreement is a crucial legal document used in Hong Kong to formalize the relationship between an agent providing professional services and their client. This agreement is essential when one party (the agent) is authorized to act on behalf of another (the client) in specific business matters. The document encompasses key elements required under Hong Kong law, including service scope, remuneration terms, confidentiality obligations, and compliance with local regulations such as the Personal Data (Privacy) Ordinance and industry-specific requirements. It's particularly important in regulated industries where clear delineation of responsibilities and authority is necessary. The Agent Client Agreement serves as a protective mechanism for both parties, establishing clear expectations, risk allocation, and dispute resolution procedures while ensuring compliance with Hong Kong's legal framework.

What sections should be included in a Agent Client Agreement?

1. Parties: Identifies and defines the Agent and the Client with their full legal names and addresses

2. Background: Sets out the context of the agreement, including the Agent's business nature and the Client's desire to engage the Agent's services

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Appointment: Formally establishes the agency relationship and its nature (exclusive/non-exclusive)

5. Scope of Services: Detailed description of the services to be provided by the Agent

6. Agent's Obligations: Comprehensive list of the Agent's duties, responsibilities, and standard of service

7. Client's Obligations: Details the Client's responsibilities, including providing information and cooperation

8. Fees and Payment: Specifies the fee structure, payment terms, and any additional charges

9. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

10. Confidentiality: Obligations regarding confidential information and trade secrets

11. Data Protection: Compliance with PDPO and data handling procedures

12. Liability and Indemnity: Limits of liability and indemnification provisions

13. Force Majeure: Provisions for unforeseen circumstances affecting performance

14. Governing Law and Jurisdiction: Specifies Hong Kong law and jurisdiction for dispute resolution

15. General Provisions: Standard boilerplate clauses including notices, entire agreement, and severability

What sections are optional to include in a Agent Client Agreement?

1. Anti-Money Laundering Compliance: Required for financial services or property agents, detailing AML compliance requirements

2. Intellectual Property: Needed when the agency services involve creation or use of intellectual property

3. Non-Competition: Optional restrictions on the Agent's ability to work with competitors

4. Insurance: Required for high-risk services or when professional indemnity insurance is necessary

5. Sub-Agents: Include when the Agent may need to appoint sub-agents

6. Performance Metrics: When specific performance standards or KPIs need to be met

7. Dispute Resolution: Detailed ADR procedures if parties want to specify mediation or arbitration

8. Training and Support: When ongoing training or support is part of the service offering

What schedules should be included in a Agent Client Agreement?

1. Schedule 1 - Service Description: Detailed breakdown of services, deliverables, and timelines

2. Schedule 2 - Fee Schedule: Detailed fee structure, commission rates, and payment terms

3. Schedule 3 - Service Levels: Specific performance metrics and service level agreements

4. Schedule 4 - Required Information: List of information and documents the Client must provide

5. Schedule 5 - Territory: Geographic areas covered by the agency agreement if applicable

6. Appendix A - Data Processing Terms: Detailed data protection and privacy compliance procedures

7. Appendix B - Compliance Requirements: Industry-specific regulatory compliance requirements

8. Appendix C - Standard Operating Procedures: Detailed procedures for service delivery and communication protocols

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Agency Agreement

Cost

Free to use
Clauses
Relevant Industries

Real Estate

Insurance

Financial Services

Import/Export

Professional Services

Marketing and Advertising

Sports and Entertainment

Travel and Tourism

Art and Luxury Goods

Business Consulting

Relevant Teams

Legal

Compliance

Sales

Business Development

Operations

Risk Management

Client Relations

Contract Administration

Agency Management

Commercial

Relevant Roles

Business Development Manager

Sales Director

Legal Counsel

Compliance Officer

Contract Manager

Agency Relations Manager

Account Executive

Business Agent

Property Agent

Insurance Agent

Financial Advisor

Commercial Director

Operations Manager

Risk Manager

Client Relations Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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