Entrusted agent refers to the agent according to the entrustment of the principal, in the name of the principal to implement the civil legal acts. Its effect belongs directly to the principal. The following is my collection of proxy agency contract model, welcome to learn reference.
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entrusted to the agency contract (a)
Party A:
Legal representative: Title:
Residence (address):
Zip code: Tel: Fax:
B: Guangdong ___ Law Office
Legal representative: ___, Title: Director
Address: ___ City ___ Road ___ Road ___ No. ___ Building ___ Room
Zip code: ______ Tel: ____ - _________ Fax: _____ Party A due to the (name of the opposing party to the case) (case
reason) case disputes with (case
reason) case, according to the Chinese people *** and the State of China's "Law of the People's Republic of China" (case
reason) case dispute. Chinese People's *** and the State "Contract Law", "Civil Procedure Law" / "Arbitration Law" and "Lawyers Law" and other relevant laws, to hire the lawyer of Party B as a proxy, Party A and Party B in accordance with the principle of honesty and good faith, by consensus, to enter into the terms of this contract, *** with compliance.
Article 1: proxy matters
party B accepts party A's entrustment, the lawyer appointed in the following cases as party A's proxy:
The case of the other party:
The case and the subject matter of the lawsuit:
Trial body:
Trial level:
Article 2: the proxy authority for the following items.
1, general agent ( )
2, full powers include:
change or abandon the claim;
recognition of the claim;
filing counterclaims;
mediation or settlement;
appeal;
application for execution;
collection or transfer of the subject matter of the execution;
collection or transfer of the subject matter of the execution;
the application for the execution;
the application for the execution;
collection or transfer of the subject matter of the execution.
Signing, serving and accepting legal documents.
Article 3 the obligations of party B
1, party B appointed lawyer as party A's attorney in the above case, party A agreed to the lawyer assigned other lawyers to cooperate with the completion of auxiliary work. Party b lawyer contact information is:
2, party b shall diligently and responsibly to complete the entrusted agent matters listed in article 1;
3, party b lawyer shall be based on the judgment of the law, to party a legal risk, and do our best to safeguard the interests of party a;
4, party b lawyer shall be in accordance with the requirements of the trial authority, timely submission of evidence, and on time. Appear in court, and at the request of party A to inform the progress of the case;
5, party B shall not violate the "norms for the practice of lawyers", in the adversarial case involving party A, without party A's consent, shall not serve as a proxy for party A and party A has a legal conflict of interest of another party;
6, party B's lawyer for the party's commercial confidentiality / or party A's personal privacy is liable for Confidentiality responsibility, not by law or the consent of party A, shall not be disclosed to any third party;
7, party B on party A's business should be a separate file, and keep a complete record of the work of party B involving party A's original evidence, legal documents and property should be properly preserved.
8, party B to replace the proxy lawyer should be approved by party A, but party B's lawyer because of court conflict, illness and other reasons, party B can assign other lawyers to complete the entrusted matters, party B should cooperate with the authorization of power of attorney and other formalities, or else deemed to be the termination of this contract without cause.
article 4 obligations of party a
1, party a shall be true, exhaustive and timely to party b lawyers to describe the case, and entrusted with the proxy matters related to evidence, documents and other factual materials;
2, party a shall actively cooperate with party b lawyers, party a lawyer should be clear and reasonable requirements;
3, Party A shall pay the attorney's fee and work expenses to party B on time and in full;
4, party A designates as party B's lawyer's contact person, is responsible for conveying party A's instructions and requirements, provide documents and information, etc., party A shall notify the proxy for the replacement of the contact person; party A designates the contact information for the following:
5, party A has the responsibility of the proxy for the matter of making independent judgment, Decision-making, party A according to the legal advice provided by party B lawyers, advice, the decision made by the program of the loss, not due to party B lawyers wrong application of the law and other acts of negligence, by party A to bear.
Article V. Lawyer's fee
The two sides agreed, Party A to pay Party B lawyer's fee of RMB.
The payment method and period are:
Party B's account name:
Bank:
Account No.:
If the contract is terminated or dissolved in advance, both parties shall settle the relevant fees.
Article VI work expenses
Party B lawyer for Party A entrusted to represent the following work expenses incurred, should be borne by Party A:
related administrative, judicial, appraisal, notary and other departments charged;
2, Zhongshan City, outside of the travel, accommodation, translation, copying, information, long-distance communication costs;
3, to obtain a copy of the contract with the Chinese government, the Chinese government, the Chinese government, the Chinese government, the Chinese government, the Chinese government, the Chinese government, the Chinese government, the Chinese government, the Chinese government, the Chinese government, the Chinese government, the Chinese government, the Chinese government, the Chinese government, the Chinese government. >
3. Other expenses incurred with Party A's consent.
( ) Party A shall reimburse the above expenses in accordance with Party B's lawyers' advance and reimbursement after the fact;
( ) Party A shall pay a lump sum of RMB for Party B to cover the expenses of the work mentioned in item 2 above. Unless Party A agrees, Party A shall not be obliged to pay the fee regardless of whether Party B's actual expenses exceed the fee.
Party B's lawyers shall use the working expenses reasonably in accordance with the principle of thrift.
Article VII: the termination of the contract
a. Party A and Party B by consensus, you can change or terminate the contract; Party B has one of the following circumstances, Party A has the right to terminate the contract:
1, without the consent of Party A, without justification for the unauthorized replacement of lawyers;
2, due to the delay in the work of the Party B lawyers, dereliction of duty, errors that led to the Party suffered losses.
3, violation of Article 3, one of the obligations set out in paragraphs 5-7.
2, party A has one of the following circumstances, party B has the right to terminate this contract:
1, party A's commissioned matters in violation of the law or violation of the norms of lawyers;
2, party A has fabricated facts, forged evidence or concealment of the important circumstances;
3, party A overdue 30 days and still do not pay the lawyer's fees to party B, or the cost of work. The.
Article 8: Liability for breach of contract
1. If Party B fails to provide the legal services stipulated in Article 1 or violates the obligations stipulated in Article 3 without any justifiable reasons, Party A shall have the right to request the return of part or all of the legal fees paid.
2. If Party B's lawyers cause Party A to suffer losses due to delay, dereliction of duty, or mistake, or violate one of the obligations stipulated in Article 3 (5-7), Party B shall bear the compensation liability to Party A through the practicing insurance organization that Party B has insured.
The scope of compensation shall be limited to the compensation of the insurance organization. If the compensation is not covered by the insurance organization or exceeds the amount of the insurance organization's compensation, Party B shall bear the compensation liability to the extent of the legal fees agreed in this contract.
3. If Party A fails to pay the attorney's fees or work expenses without justifiable reasons, or terminates the contract without any reason, Party B has the right to request Party A to pay the unpaid attorney's fees, unreimbursed work expenses, and interest on delayed payment.
4, party A shall not request party B to refund the fees for the following non-justifiable reasons:
(1) party A unilaterally entrusted other law firms' lawyers to act on behalf of party A;
(2) party B completed the entrusted matters, party A requested a refund for the reason that party B charges too much;
(3) party A as a defendant, party B's lawyers have been ready for the court, and the plaintiff withdrew the case. And the plaintiff withdraws the case;
(4) Other reasons not due to Party B or Party B's lawyers, Party A terminate the contract without cause.
Article 8: Settlement of Disputes
1. This contract shall be governed by the Contract Law of the People's Republic of China*** and the State of China, Lawyers Law, Civil Procedure Law∕Arbitration Law and other laws.
2. If there is any dispute between A and B, it should be resolved through friendly consultation. If the consultation fails, either party shall have the right to sue the dispute to the court where Party A is located.
Article 9: Entry into force of the contract
The contract shall be in triplicate, with Party A executing one copy and Party B executing two copies, and shall enter into force on the date of signing and stamping by the representatives of Party A and Party B, and shall be effective until Party B completes the matters entrusted by Party A.
The contract shall be signed by Party A and Party B in duplicate, with Party B executing one copy and Party B executing two copies.
Article X. Notice and service
A and B for the performance of this contract and each other or provide all the notices, documents, information, title page and the contract listed in the address, fax, cell phone, e-mail delivery, a party should notify the other party in writing if they move or change the phone and other contact information.
By facsimile, the facsimile is deemed to be served; by mail, registered mail or postal mail on the next day is deemed to be served, notification by cell phone text message, sent when deemed to be served. Served by e-mail, sent when deemed to be served.
Article 11 risk tips
party A should truthfully state the facts of the case, provide relevant evidence and ensure the authenticity of the legitimacy of the information, otherwise it may be due to the information is not true to bear the adverse consequences; In addition, the results of the case to be entrusted to be affected by a variety of factors, the entrusted lawyer to perform their duties in accordance with the law, and do their best to safeguard the legitimate rights and interests of the party A, will not make any promises, the party will not make. With the progress of the case, the entrusted lawyer will also be cautious, honest and objective to inform the party entrusted matters may appear a variety of legal risks.
Party A: Party B: ____ Law Firm
Signed on behalf of: Signed on behalf of:
Commissioned by the proxy contract (two)
Commissioned by (hereinafter referred to as the party A): _________
p> Entrusted party (hereinafter referred to as Party B): _________
Party A and Party B on the Party B agent in the China State Food and Drug Administration registration of medical devices consensus and reached the following agreement to *** with the observance of:
A, Party A entrusted Party B agent in the China State Food and Drug Administration registration of the following medical devices.
Manufacturer: _________;
Product name: _________;
Specifications: _________.
Second, Party A is responsible for providing relevant documents and information in accordance with the "Measures for the Administration of Medical Device Product Registration" (the documents and information include Annex I and the documents required by the Drug Administration). Party A is responsible for the authenticity, validity and legality of the documents and information provided. Party B is not responsible for the review of the aforementioned documents and information. If Party A's documents do not conform to the three characteristics, or if Party A has made any misleading or omission, resulting in Party A's registration being rejected or delayed, Party A shall be solely responsible for it.
Third, Party B represents Party A to apply for the registration of the above imported medical device products, Party B is obliged to keep Party A's information confidential. For the failure to obtain the product registration certificate, Party B should make a written explanation to Party A or provide timely documentation of the Drug Administration is not registered.
Fourth, Party A shall pay all agency fees to Party B according to the list of fees within 3 days after the signing of this agreement. The list of fees is attached.
Fifth, if Party B's fault can not be completed on time to register the product, each overtime one month (according to the working day) to return 30% of the agency fee until the return of the full agency fee; if Party A due to their own factors lead to the registration of their products are not approved (including, but not limited to, the provision of materials is not true or illegal behavior, etc.), the agency fee is not refundable, the two parties to the registration authority agency relationship to the date of issuance of non-registration is dissolved; the date of issuance of non-registration of documents. Issued by the registration authority is not registered on the date of termination; if due to force majeure or national policy adjustments resulting in product registration can not be completed on time, either party can terminate the contract, Party B to return in addition to the costs incurred in the remainder of the agency fee.
Six, unless otherwise agreed by both parties, no party shall suspend the contract, Party A suspend the contract, Party B received agency fees are not refundable.
VII. Any dispute arising out of or in connection with this agreement shall be referred to the local arbitration committee for arbitration in accordance with the arbitration rules of the committee. The arbitration award is final and binding on both parties.
VIII. This contract shall come into effect on the date of signature and seal of both parties and payment of the agency fee by Party A. The contract shall be signed and sealed by both parties.
Party A (seal): _________ Party B (seal): _________
Representative (signature): _________ Representative (signature): _________
_________ ____ ____ _________
_________ ____ ____ _________
>Place of signing: _________ Place of signing: _________
Sample proxy contract (three)
__________________ (hereinafter referred to as Party A) for the case of a dispute, entrusted to the ____________ Law Firm (hereinafter referred to as Party B) attorney to appear in court.
The two sides agreed to enter into the following articles, *** with compliance:
First, party B accepts party A's commission, the lawyer assigned to party A and the dispute with the first trial agent.
Second, party B lawyer must be serious and responsible for the protection of the legitimate rights and interests of party A, and on time.
Third, party A must be true to the lawyer to describe the case, provide evidence about the case. After accepting the commission, party B found that party A fabricated facts, falsehoods, the right to terminate the agency, according to the contract fees will not be refunded.
Fourth, if party B without reason to terminate the performance of the contract, the agency fee is fully refunded to party A; such as party A without reason to terminate, the agency fee is not refundable.
Fifth, party A entrusted party B agency authority:
Sixth, according to the ministry of justice of the interim measures for law firms fees, the provisions of the first paragraph, party A shall sign the contract of entrustment to party B to pay the handling fee of RMB yuan, according to the subject matter of the lawsuit after the conclusion of the case (the amount of money) % of delivery of agency fees.
VII. This contract from the date of signing until the end of the trial (judgment, mediation, settlement and withdrawal of the lawsuit).
VIII, such as a party to change the terms of the contract, the need to re-agreement.
Party A: Party B: law firm
year month
commissioned by the agency contract (four)
Party A) due to ___ a case, is now entrusted to ___ law firm (Party B) lawyers to appear in court agent/agent, the two sides fully negotiated, entered into the contract is as follows:
a. Party B Accept party a's commission, assigned lawyer ___ for party a's first __ trial agent.
party a entrusted party b agency authority is:
second, the lawyer must participate in litigation activities according to the facts and the law, conscientious and responsible performance of the lawyer's duties, and safeguard the legitimate rights and interests of the client.
Third, according to the state "on the business fee standard" regulations, party A to pay party B agent fee ___ yuan, the subject fee ___ yuan.
Fourth, Party B for the investigation of this case, the travel expenses required to appear in court, in accordance with national standards, all borne by the Party. Party A to pay travel expenses to Party B ___ yuan.
V. Party A must be true to the lawyer to describe the case, provide evidence. After accepting the commission, if party A is found to fabricate facts, falsehoods, party B has the right to terminate the agency, according to this contract, the fee is not refundable.
Six, such as party B without reason to terminate the contract, the agency fee and the subject fee should be returned to party A; such as party A without reason to terminate the contract, the agency fee and the subject fee is not refundable.
VII, such as a party requesting a change in the terms of the contract to be agreed separately.
VIII, the contract signed by both parties or their representatives (or seal) to enter into force.
IX, the validity of this contract: from the date of signing to the end of the case (judgment, mediation, extrajudicial settlement, withdrawal and investigation of the case).
X. This contract in duplicate, each party holds a copy.
Party A: Party B:
Tel: Tel:
year month
commissioned by the agency contract (five)
(Party A) due to the
a case, is now entrusted to the Chongqing Municipal No. ___ Law Firm (B) lawyers to appear in court agent/agent, the two sides fully negotiated. Entered into a contract as follows:
a. Party B accepts party A's commission, assigned lawyer for party A's first trial agent.
Party A entrusted party B agent authority is:
Second, the lawyer must participate in litigation activities in accordance with the facts and the law, conscientious and responsible performance of the lawyer's duties, and to safeguard the client's legitimate rights and interests.
Third, according to the state "on the business fee standard" provisions, party A to pay party B agency fee
yuan, the subject fee
yuan.
Fourth, Party B for the investigation of this case, the travel expenses required to appear in court, in accordance with national standards, all borne by the Party. Party B to pay travel expenses
yuan.
V. Party A must be true to the lawyer to describe the case, provide evidence. After accepting the commission, if party A is found to fabricate facts, false, party B has the right to terminate the agency, in accordance with this contract, the fee will not be refunded.
Six, such as party B without reason to terminate the contract, the agency fee and the subject fee should be returned to party A; such as party A without reason to terminate the contract, the agency fee and the subject fee is not refundable.
VII, such as a party requesting a change in the terms of the contract to be agreed separately.
VIII, the contract signed by both parties or their representatives (or seal) to enter into force.
IX, the validity of this contract: from the date of signing to the end of the case (judgment, mediation, extrajudicial settlement, withdrawal and investigation of the case).
X. This contract in duplicate, each party holds a copy.
Party A: Party B: Chongqing ___ Law Firm
Residence: Residence:
Tel: Tel:
Year month
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