The Termination of Agency Contract is a crucial document used in Hong Kong's business environment when parties wish to formally end their agency relationship. It becomes necessary when either the principal or agent decides to terminate their arrangement, whether by mutual agreement or as per the terms of the original agency agreement. This document ensures compliance with Hong Kong's legal framework, including the Contract Ordinance and common law principles governing agency relationships. It typically includes comprehensive provisions for wrapping up the agency relationship, handling outstanding matters, settling accounts, and establishing post-termination obligations. The document is particularly important in Hong Kong's dynamic commercial landscape, where agency relationships are common across various industries and require careful management of termination to protect both parties' interests and maintain business continuity.
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1. Parties: Identification of the Principal and Agent, including full legal names and registered addresses
2. Background: Reference to the original agency agreement, its date, and key terms, and brief context for the termination
3. Definitions: Definitions of key terms used in the termination agreement, including reference to definitions from the original agreement
4. Termination Date: Clear specification of when the agency relationship will terminate
5. Mutual Agreement: Statement of mutual agreement to terminate the agency relationship
6. Final Accounts: Provisions for settlement of outstanding commissions, expenses, and other financial matters
7. Return of Property: Requirements for return of any materials, documents, or property belonging to either party
8. Confidentiality: Ongoing obligations regarding confidential information
9. Non-Compete and Non-Solicitation: Confirmation of any post-termination restrictions from the original agreement
10. Release and Waiver: Mutual release from claims and obligations, subject to specified exceptions
11. Surviving Provisions: Identification of which provisions from the original agreement survive termination
12. Governing Law: Confirmation that Hong Kong law governs the termination agreement
13. Execution: Signature blocks and execution provisions
1. Transition Arrangements: Procedures for transitioning ongoing business or clients to the principal or new agent
2. Intellectual Property Rights: Specific provisions regarding ownership and use of IP post-termination
3. Insurance: Provisions regarding continuation or termination of insurance coverage
4. Dispute Resolution: Specific procedures for resolving any disputes arising from the termination
5. Third Party Rights: Provisions regarding the rights of third parties under the Contracts (Rights of Third Parties) Ordinance
6. Tax Provisions: Specific provisions regarding tax obligations and responsibilities
7. Force Majeure: If termination is related to force majeure events, specific provisions addressing this
1. Schedule 1 - Original Agency Agreement: Copy or key terms of the original agency agreement being terminated
2. Schedule 2 - Outstanding Matters: List of pending transactions, commissions, or matters to be resolved
3. Schedule 3 - Property Schedule: Detailed list of property, materials, or documents to be returned
4. Schedule 4 - Final Payment Calculation: Detailed calculation of final payments, commissions, or adjustments
5. Appendix A - Handover Checklist: Checklist of tasks to be completed as part of the termination process
6. Appendix B - Compliance Certificate: Form of certificate confirming compliance with termination obligations
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