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Commission Agreement for Singapore

Commission Agreement Template for Singapore

A Commission Agreement is a legally binding contract governed by Singapore law that establishes the terms and conditions under which one party (the Principal) agrees to pay commission to another party (the Agent) for specified services or transactions. The agreement details commission rates, payment terms, performance expectations, and obligations of both parties while ensuring compliance with Singapore's regulatory framework, including the Employment Act and Contract Law.

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What is a Commission Agreement?

Commission Agreements are essential documents in Singapore's business landscape, used to formalize arrangements where payment is based on performance or successful transactions. These agreements are particularly important in sales-driven industries and must comply with Singapore's legal framework. A Commission Agreement typically includes detailed commission structures, payment mechanisms, performance metrics, and party obligations. It helps prevent disputes by clearly defining the commercial relationship and ensuring both parties understand their rights and responsibilities under Singapore law.

What sections should be included in a Commission Agreement?

1. Parties: Identifies and defines the contracting parties

2. Background: Sets out the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Appointment: Establishes the commission relationship and scope

5. Commission Structure: Details the commission rates, calculation method, and payment terms

6. Payment Terms: Specifies payment timing, method, and conditions

7. Obligations of Parties: Lists duties and responsibilities of both parties

8. Term and Termination: Specifies duration and termination conditions

9. Governing Law: Establishes Singapore law as governing law

What sections are optional to include in a Commission Agreement?

1. Non-Competition: Restricts competitive activities - include when protecting business interests from competition

2. Intellectual Property: Addresses IP rights and usage - include when IP is involved in commission activities

3. Confidentiality: Protects confidential information - include when sensitive information is shared

4. Insurance: Specifies insurance requirements - include when activities involve significant risks

What schedules should be included in a Commission Agreement?

1. Commission Rate Schedule: Detailed breakdown of commission rates and tiers

2. Territory Schedule: Defines geographical areas of operation

3. Product/Service Schedule: Lists products/services covered by the agreement

4. Performance Metrics: Details KPIs and performance measurement criteria

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Singapore

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions






























Clauses






























Industries

Employment Act (Chapter 91): Key legislation governing employment relationships in Singapore, relevant for commission arrangements that may be interpreted as employment. Covers payment terms, timing, and record-keeping requirements.

Contract Law (Chapter 2) and Contract (Rights of Third Parties) Act: Fundamental legislation governing contract formation, validity, enforceability, and third-party rights in Singapore. Essential for structuring the commission agreement's basic terms and conditions.

Income Tax Act (Chapter 134): Regulates tax treatment of commission payments, including withholding tax obligations and reporting requirements for commission-based income.

Personal Data Protection Act 2012 (PDPA): Governs the collection, use, and disclosure of personal data. Relevant if the commission agreement involves handling personal information, including consent requirements and data protection obligations.

Competition Act (Chapter 50B): Ensures commission arrangements comply with competition law, preventing anti-competitive practices and regulating exclusive dealing arrangements.

Civil Law Act (Chapter 43): Contains general provisions affecting contractual relationships and limitations on certain types of contracts under Singapore law.

Central Provident Fund Act: Relevant if the commission relationship could be deemed employment, covering CPF contribution obligations and related requirements.

Consumer Protection (Fair Trading) Act: Applicable when commission agreements involve consumer-facing activities, ensuring compliance with fair trading requirements and consumer protection measures.

Industry-Specific Regulations: Additional regulations specific to particular sectors such as real estate, insurance, or financial services that may affect commission arrangements.

Singapore Case Law: Relevant common law principles established through Singapore court decisions that affect the interpretation and enforcement of commission agreements.

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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