Representation Agreement for Hong Kong

Representation Agreement Template for Hong Kong

A Hong Kong Representation Agreement is a legally binding document that establishes and governs the relationship between a principal and their appointed representative or agent. Operating under Hong Kong's common law system, this agreement defines the scope of authority, rights, obligations, and responsibilities of both parties. It includes crucial provisions for compensation, term duration, termination conditions, and compliance with Hong Kong regulations. The document incorporates specific protections and obligations required under Hong Kong law, including data privacy considerations and competition law compliance, making it suitable for both domestic and international business relationships within Hong Kong's jurisdiction.

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What is a Representation Agreement?

The Representation Agreement is essential for businesses and individuals operating in Hong Kong who wish to formally appoint representatives or agents to act on their behalf. This document type is particularly relevant in Hong Kong's dynamic business environment, where representation arrangements are common in various sectors from financial services to import/export trade. The agreement provides a comprehensive framework that outlines the scope of representation, compensation structures, and compliance requirements specific to Hong Kong's legal system. It includes necessary provisions to protect both parties' interests while ensuring compliance with Hong Kong's common law principles and relevant ordinances. This Representation Agreement is designed to be adaptable to various business contexts while maintaining the specific legal requirements and protections necessary under Hong Kong law.

What sections should be included in a Representation Agreement?

1. Parties: Identifies and provides full details of the representative and the represented party

2. Background: Explains the context and purpose of the representation arrangement

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope: Defines the nature and scope of the representation relationship

5. Term and Termination: Specifies the duration of the agreement and circumstances for termination

6. Representatives Rights and Powers: Details the specific powers granted to the representative

7. Representatives Duties and Obligations: Outlines the responsibilities and obligations of the representative

8. Principals Obligations: Specifies the duties and obligations of the represented party

9. Compensation and Payment Terms: Details the fee structure, payment schedule, and reimbursement terms

10. Confidentiality: Establishes obligations regarding confidential information

11. Intellectual Property: Addresses ownership and usage of intellectual property

12. Liability and Indemnification: Sets out liability limitations and indemnification obligations

13. General Provisions: Contains standard boilerplate clauses including governing law, notices, and entire agreement

What sections are optional to include in a Representation Agreement?

1. Non-Competition: Restricts the representative from competing activities - include when exclusivity is required

2. Non-Solicitation: Prevents solicitation of clients/employees - include for sensitive business relationships

3. Insurance: Specifies insurance requirements - include when representation involves significant risks

4. Performance Targets: Sets specific performance metrics - include when representation is results-based

5. Territory: Defines geographical scope - include when representation is territory-specific

6. Sub-Representatives: Rules for appointing sub-representatives - include when delegation may be needed

7. Marketing and Promotion: Guidelines for promotional activities - include for commercial representation

8. Compliance with Laws: Specific regulatory compliance requirements - include for regulated industries

9. Force Majeure: Provisions for unforeseen circumstances - include for long-term agreements

What schedules should be included in a Representation Agreement?

1. Schedule 1: Services Description: Detailed description of representation services to be provided

2. Schedule 2: Compensation Structure: Detailed breakdown of fees, commissions, and payment terms

3. Schedule 3: Territory Map: Geographical area of representation if applicable

4. Schedule 4: Performance Metrics: Specific KPIs and performance measurement criteria

5. Schedule 5: Approved Sub-Representatives: List of pre-approved sub-representatives if applicable

6. Schedule 6: Compliance Requirements: Specific regulatory or industry compliance requirements

7. Appendix A: Power of Attorney: Formal power of attorney document if required

8. Appendix B: Required Forms: Standard forms or documents required for the representation

9. Appendix C: Contact Details: Key contact information for both parties

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

Letter of Authority

Sector

Banking

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Retail and Consumer Goods

Professional Services

Entertainment and Media

Real Estate

Manufacturing

Technology

Financial Services

Healthcare

Education

Sports and Recreation

Import/Export

Hospitality and Tourism

Telecommunications

Automotive

Relevant Teams

Legal

Compliance

Commercial

Sales

Business Development

Operations

Contract Administration

Risk Management

Corporate Affairs

International Business

Partner Relations

Relevant Roles

Chief Executive Officer

Managing Director

Business Development Manager

Sales Director

Legal Counsel

Compliance Officer

Commercial Director

Regional Manager

Distribution Manager

Agent

Representative

Contract Manager

Operations Director

Partnership Manager

Account Executive

Business Owner

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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