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What is an Agency Agreement?

An Agency Agreement creates a legal relationship where one party (the principal) authorizes another party (the agent) to act on their behalf in Singapore. Common in real estate, insurance, and trading, these agreements spell out what the agent can do, how they'll be paid, and their responsibilities to the principal.

Under Singapore's Agency Law, these agreements must clearly define the scope of authority, duration, and territory where the agent can operate. They protect both parties by setting clear boundaries and expectations, especially important when agents need to sign contracts or make deals that legally bind their principals.

When should you use an Agency Agreement?

Use an Agency Agreement when you need someone to represent your business interests in Singapore, especially for complex transactions or ongoing relationships. This applies when hiring real estate agents to manage properties, appointing sales representatives to close deals, or engaging distribution agents to handle your products in specific territories.

The agreement becomes essential before letting agents negotiate contracts, handle financial transactions, or make binding decisions on your behalf. Many businesses create Agency Agreements when expanding into new markets, launching products through distributors, or needing specialized expertise in areas like import-export, where local knowledge and connections matter.

What are the different types of Agency Agreement?

Who should typically use an Agency Agreement?

  • Principals: Business owners, companies, or individuals who need someone to act on their behalf in Singapore's market, often including property developers and manufacturers
  • Agents: Professional representatives like real estate agents, sales representatives, or distributors who carry out specific duties for the principal
  • Legal Advisors: Corporate lawyers and in-house counsel who draft and review Agency Agreements to ensure compliance with Singapore law
  • Industry Regulators: Government bodies that oversee specific sectors, such as the Council for Estate Agencies (CEA) for real estate transactions
  • Third-Party Beneficiaries: Customers, buyers, or business partners who interact with agents and rely on their authority to represent the principal

How do you write an Agency Agreement?

  • Basic Details: Gather full legal names, addresses, and registration numbers of both principal and agent parties
  • Scope Definition: List specific powers granted to the agent, including geographical areas and transaction limits
  • Compensation Terms: Document commission rates, base fees, payment schedules, and expense reimbursement policies
  • Duration Planning: Determine start date, end date, and renewal conditions for the agreement
  • Compliance Check: Review industry-specific regulations and licensing requirements in Singapore
  • Documentation: Collect necessary certificates, licenses, and proof of authority to operate
  • Platform Usage: Use our AI-powered platform to generate a customized, legally-sound Agency Agreement that includes all required elements

What should be included in an Agency Agreement?

  • Party Details: Full legal names, addresses, and business registration numbers of principal and agent
  • Scope of Authority: Clear description of agent's powers, limitations, and territorial boundaries
  • Duration Terms: Specific start date, end date, and termination conditions
  • Compensation Structure: Detailed breakdown of fees, commissions, and payment schedules
  • Duties & Obligations: Both parties' responsibilities, reporting requirements, and performance standards
  • Governing Law: Express statement that Singapore law applies and local jurisdiction for disputes
  • Data Protection: Compliance with Singapore's PDPA requirements for handling personal information
  • Execution Block: Proper signature sections with witness requirements

What's the difference between an Agency Agreement and a Broker Agreement?

While both Agency Agreements and Broker Agreements involve intermediaries, they serve distinct purposes in Singapore's business landscape. An Agency Agreement creates a broader relationship where the agent can legally bind the principal, while a Broker Agreement typically focuses on specific transactions without granting binding authority.

  • Scope of Authority: Agency Agreements grant power to represent and make decisions on behalf of the principal; Broker Agreements usually limit authority to introducing parties or facilitating deals
  • Duration: Agency relationships often involve ongoing representation, while broker arrangements typically end once a specific transaction completes
  • Legal Liability: Agents can create legal obligations for their principals; brokers generally cannot bind either party to a transaction
  • Compensation Structure: Agents may receive regular fees plus commission; brokers typically earn one-time transaction-based fees

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