An agency agreement is a key legal instrument for entering new markets, participating in tenders, and expanding your business. However, if such an agreement is not drafted properly, it may lead to serious risks such as rejection of bank payments, tax penalties, and legal disputes.
What Is an Agency Agreement?
An agency agreement is a legal document under which one party (the principal) authorizes another party (the agent), for remuneration, to perform certain tasks.
The agent may perform the following tasks:
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finding clients;
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concluding contracts;
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monitoring the commercial process;
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signing documents;
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organizing logistics.
These tasks may be carried out either in the name and on behalf of the principal, or in the agent’s own name but at the principal’s expense.
When Is an Agency Agreement Used?
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when entering new markets;
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when a local representative is required to participate in tenders;
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in foreign trade operations (especially with CIS countries);
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when business activities must be carried out without hiring staff.
Risks of an Agency Agreement: What Can Go Wrong?
Banking Risks
If essential information is missing from the agreement, banks may suspend payments or request additional documents. In the case of foreign payments, the agreement may not be accepted as a “sufficient legal basis.”
Tax Risks
Tax authorities may consider the agreement a formal document and impose additional taxes and penalties. If the agent does not provide reports, expenses may not be officially recognized. Cooperation with a foreign agent may also create a risk of permanent establishment.
Accounting Issues
If transactions are not properly recorded, financial statements may be inaccurate. When the agent operates in their own name, documentation must be especially clear and precise.
Example: Regional Agent for a Tender
A company operating in the engineering equipment sector decided to cooperate with a regional agent for participation in a tender. The agreement was drafted using a standard template without obtaining legal or financial advice.
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