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Агентский контракт на продвижение страховых услуг


Agency Contract for Marketing of Insurance Services

(на английском языке)


Агентские контракты: типовые формы и комментарии

Правовое руководствоБыстро внести изменения и\или дополнения в любой международный контракт возможно с помощью
Руководства по составлению контрактов


THIS contract made the XX day of XX 200X with Effective date of XX.XX.XX between XXX (hereinafter called The Company) and YYY (hereinafter called The Agent)

WITNESSETH THAT: 

1. Appointment

1.1. With effect from the date hereof and subject to the terms of this contract, the Agent shall act as the agent of the Company for the purpose of soliciting applications for insurance and such other business as the Company may from time to time transact ("insurance business ") during the continuance of this contract and to service the needs and requirements of the owners of policies issued by the Company as a result of such applications The Agent may operate anywhere within Hong Kong, but no exclusive rights in any district is assigned to him


1.2. The Agent shall at all times comply with all legislation, statutory rules or regulations and the rules and regulations of the Company now or hereinafter in force The Agent shall also strictly comply with all terms and conditions of this contract

1.3. It is understood and agreed that there is no employer-employee relationship either expressed or implied between the Company and the Agent and nothing contained herein shall be construed to create such relationship

1.4. The Agent shall act as the Agent of the Company and shall not accept appointment as the agent of any other Company or person for the introduction of insurance business as set out in the attached Schedule without the prior written consent of the Company

1.5. The Agent shall fathfully and diligently promote the business of the Company and at all times act in accordance with the Conduct of Insurance Agents for Long Term Insurance Business set out on Part F of the Hong Kong Federation of Insurers' Code of Practice for the Administration of Insurance Agents as reproduced in annex 1 of this contract and as may be amended from time to time

2. Authorization of the Agent

2.1. The Agent shall in fulfilling his obligations hereunder use such forms and documents (if any) as may from time to time be supplied to him by the Company for the purposes hereof and shall not amend or alter any such forms or documents or any documents belonging to any applicant for insurance or policy-holder without the Company's prior written consent Any application form received by the Agent must be promptly forwarded to the Company

2.2. Subject only to any authorization which may be given to the Agent in this contract or otherwise in writing by the Company, nothing herein shall require the Company to accept any application for insurance from any person introduced by the Agent

2.3. The Agent agrees that so long as this contract remains in force the Agent will -

(a) Bear all expenses incurred in conducting the Agency except as may otherwise be determined and advised to the Agent in writing by the Company

(b) At all times observe the strictest secrecy concerning the business of the Company or of persons or companies from time to time dealing with the Company or the Agent or which come to the knowledge of the Agent

(c) Disclose to the Company every fact and circumstance within his knowledge relevant to the acceptance of the risk by the Company, and shall accurately relate to the Company every fact disclosed to him by the proposed insured and/or any person relevant to the Company's acceptance of the risk

(d) Indemnify the Company and hold it harmless against all loss, claims, demands, expenses and other liabilities incurred by the Company as a result of any breach of the terms of this contract by the Agent including without prejudice to the generally of the foregoing any representation made by the Agent which is not authorized hereunder or otherwise m writing by the Company

3. Limitations of Authority of the Agent

3.1. Unless and to the extent that the Agent is otherwise authorized in writing by the Company, no authority is given to the Agent to accept risks on behalf of the Company, to issue cover notes or policies or bind the Company in any other manner to accept risks, to receive notice of determination or assignment of any policy or to waive any condition of any policy and the Agent shall not represent to a proposed insured or any other person that he is so authorized or that any risk has been accepted or cover effected or policy issued by or on behalf of the Company (whether on an original proposal or on a renewal) unless the Company has so notified in writing.

3.2. The Agent shall not publish or cause to be published any advertisement concerning the Company in any newspapers, magazine or publication whatsoever without the prior written authority of the Company, nor shall he issue, distribute or cause to be issued any circular or write or cause to be written any letters to any newspapers, magazine or publication in respect of the Company or any other insurance company without first obtaining the written approval of the Company If any lawsuits shall be brought against the Company in consequence of any unauthorized action or statement of the Agent, all costs and damages arising therefrom or incurred and in connection therewith by the Company shall be borne by the Agent personally

3.3. The Agent is not authorized and shall not represent to any person that he is authorized to accept notice of assignment, notice of loss, negotiate terms of settlement, settle or pay any loss or claim save where he is expressly directed so to do by the Company

3.4. The Agent shall not save as specifically otherwise herein provided incur any liability on behalf of the Company, pledge or purport to pledge the Company's credit or make any other contract binding upon the Company

3.5. No warranty, representation or promise with reference to policies endorsements or supplementary contracts issued by the Company shall be given save as authorized from time to time by the Company in writing

4. Collection and Remittance of Funds

4.1. The Agent has no authority to collect or accept on behalf of the Company any money or
securities except the initial premium or deposit payable with or pursuant to the application unless otherwise specifically authorized or requested by the Company in writing The Agent shall immediately remit to the Company all money and securities received or collected by the Agent on behalf of the Company and shall not use any such money or securities for any purpose whatsoever

4.2. Subject to the terms of any further direction in writing by the Company, where the Agent is authorized to issue an interim or conditional receipt on the Company's printed form for all moneys received by the Agent on the Company's behalf, he shall without delay pay or remit to the Company without any deduction all moneys so received

4.3. The Agent shall not act to put the Company on the insurance risk by delivering any policy endorsement or supplementary contract issued by the Company to an applicant whose health or occupation he knows or has reason to suspect has changed since the date of application The Agent further shall not in any case deliver to any person, any policy or renewal receipt of the Company unless the premium has been received by the Company in full within the period allowed for payment and the person on whose life the policy is issued is at the time in good health

5. Commission

5.1. (a) For the services to be rendered by the Agent under this contract the Agent shall be entitled to remuneration calculated in accordance with the attached Schedules The Company reserves the right at anytime and from time to time to revoke, alter, add or modify the attached Schedules by notice in writing to the Agent

(b) The Agent's entitlement to such remuneration will be established by -

i) issuance by the Company of a policy document (including endorsements and supplementary contracts where applicable), subsequent to its acceptance of an application endorsed with the name of the Agent or Agents, and

ii) receipt by the Company of the required premiums, and

iii) compliance by the Agent with the provisions of this contract in all respects

5.2. When any policy issued upon the application submitted by the Agent pursuant to this contract is changed or converted to another policy plan the commission payable upon the changed or converted policy shall be determined by the rules of the Company current at the time of such change or conversion The Agent shall not be entitled to any commission on the changed or converted policy unless the change or conversion is effected by the Agent himself

5.3. In case a policy is issued within twelve months before or after the termination of a previous policy issued by the Company on the same life, commissions on the new policy shall be determined by the rules of the Company in effect at the time of its issue

5.4. No commissions will be allowed on interim term premiums or on extra premiums

5.5. In case a policy shall lapse for non-payment of premium and shall subsequently be reinstated, the Agent will be entitled to commissions paid on such policy if application for reinstatement is made within XXX days of the expiration of the grace period if application for reinstatement is made thereafter, renewal commissions will be paid to the person effecting the reinstatement and the policy shall be assigned to him for service

5.6. The Agent will have no claim for commissions on any business unless his name and identification appears on the application In the case of any policy issued by the Company on an application secured by the Agent with the assistance of another Agent of the Company from the same agency whose name also appear on the application, the commissions on such policy shall be divided equally between such agents Such joint business and sharing of commission should be limited to a maximum of two agents

5.7. The Agent will repay to the Company the amount of commissions and bonuses received by him on premiums refunded by the Company

5.8. The Company has the right at all times to offset against any commissions or other sum due to the Agent, and withhold therefrom the amount of any debt, obligation or liability due or owing or likely to become due or owing by the Agent to the Company and such withholding and offset shall not create any cause of action against the Company

5.9. The Company will declare annually to the Inland Revenue Department the total remuneration
paid to the Agent during the company's relevant accounting period and the Agent will in this respect comply with and observe all ordinances, regulations and statutory instruments as may be currently or from time to time in force in Hong Kong and shall have particular regard to the Prevention of Bribery Ordinance (Cap 201) The Company shall be under no liability in respect of the payment of any commissions, remuneration or perquisites received by the Agent other than those paid directly by the Company

5.10. Any part of any commission or discount allowed to the Agent shall not be paid by the Agent to any director, partner or employee of any Policyholder or any other person as an inducement to place the business with the Company unless the prior contract and approval of the Policyholder is received in writing The Agent shall in addition to any other indemnity hereunder indemnify the Company for any loss, damage or expense resulting from any breach by the Agent of the provisions of this Clause 510 and Clause 5 9

6. Assignment

6.1. This contract shall be assignable by the Company in whole or in part to any successor or
affiliated company However, the Agent will not assign or purport to assign any right or interest which the Agent may have herein without the prior consent of the Company Such consent by the Company to any assignment shall not create or imply any acknowledgement or responsibility on the part of the Company as to validity, effect of sufficiency of such assignment

7. Books and Records

7.1. The Agent shall keep full and proper books of account and other record and in such form as may from time to time be required by the Company for the purpose of showing all its transactions on behalf of the Company Such books shall show any and all other matters and things concerning the business of the Agent pursuant to this contract

7.2. The Company shall have the right at anytime during normal business hours to examine such
books and records by any officer or authorized representative of the Company (including its auditors) and the Agent shall afford all such facilities for inspection as may reasonably be required
8. Termination

8.1. The Company or the Agent may terminate this contract at any time and without giving any reason for so doing by giving XX days notice to the other in writing

8.2. This contract shall forthwith determine without the need for any notice to be given by the Company if

(a) The Agent shall die, or

(b) If the Agent shall commit any act of bankruptcy or have a receiving order made against him or if the Agent shall make a general assignment, composition or arrangement for the benefit of creditors or admit in writing his inability to pay his debts as they become due, or

(c) Any judgement against the Agent shall be entered which for a period of thirty (30) days shall neither be paid nor stayed pending appeal, or

(d) Any receiver or officer of any court or governmental authority shall be appointed or take 
possession or control of any substantial part of his assets or property or control over his affairs and obligations, or

(e) If the Agent commits any dishonest or fraudulent act which results in the Agent being charged and found guilty with an offence or if the Agent is guilty of any conduct which in the opinion of the Company is prejudicial to the Company's interests

8.3. This contract may forthwith terminate without the need for any notice to be given by the Company if

(a) The Agent violates any of the terms of this contract, or

(b) The Agent does not meet training, production, persistency or other requirements in respect of the Agent's operation which may be set by the Company from time to time

8.4. On termination

(a) The Agent shall return to the Company all moneys, policies, receipts, rate books, manuals, literature, all forms and documents held by it bearing the name of the Company and shall return or supply copies of such parts of the Agent's books and records relating to the business of the Company as the Company may reasonably require at the expense of the Company,

(b) The Company may if it thinks fit publish and/or circulate to any person such notice or notices of the termination of the Agent's appointment,

(c) The Company shall, if termination is for a cause relating to a breach of the Code of Practice for the Administration of Insurance Agents or Part X of the Insurance Companies Ordinance, notify the Insurance Agents Registration Board of the Hong Kong Federation of Insurers of the relevant particulars and notify the Agent that it has so done

9. Termination Benefits

9.1. Except for termination of this contract caused by the death of the Agent as provided under
Clause 8, in all other instances of termination, all of the Agent's rights to commissions, bonuses or any other payment other than first year commissions due on cases approved and premium paid prior to such termination shall forthwith cease "

10. Notices

10.1. Any consent or notice required to be given or sent hereunder must be in writing and signed by the Agent or the Company (as the case may be)

10.2. Any notice hereunder shall be deemed to have been sufficiently given if personally delivered or sent by telex, facsimile or prepaid post to the address of the Company or the Agent (as the case may be) as appearing herein or to such other address in Hong Kong as may from time to time be notified to the Company or the Agent by the other Any notice so sent shall be deemed to have been served on the day following the date of posting if posted in Hong Kong and in proving such service it shall be sufficient to prove that the envelope containing the notice was properly addressed, stamped and posted Notice served in any other manner shall be deemed received when in the ordinary course it may have been expected to be received

11. General

11.1. Waiver of any provision hereof or waiver of a breach of any term shall not constitute a waiver of any of the other provisions or of any future breach or breaches of any provision or operate as a continuing waiver

11.2. Save for the Company's right to change or revoke the Agent's Schedule of Commission or as otherwise expressly provided herein all modifications to this contract shall have no force or effect unless and except as they are expressed in writing and duly signed by an authorized officer of the Company

11.3. This contract constitutes the entire contract between the parties hereto with respect to the subject matter hereof as at the date hereof aid supersedes any prior contract or understanding

11.4. The headings used in this contract are for convenience only and shall not form a part of this contract Any words embodying the masculine gender include the feminine and any words indicating the singular case shall include the plural and vice-versa

12. Law

This contract shall be construed in accordance with the laws of Hong Kong and the Agent irrevocably submits to the non-exclusive jurisdiction of the courts of Hong Kong

IN WITNESS whereof the parties hereto have signed this contract on the date first before written

SIGNED BY <> for and on behalf of the Company
Name & Title
Approval
Name of Office

The Agent hereby confirms that he has fully read, understood and agreed to the terms of this contract, together with the Schedules attached hereto, and has accordingly signed this contract the day and year as set out on Page 1 hereto

SIGNED BY THE AGENT <> 






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