What are Acting Agents?

An agent is a person who performs agency activities in the name of the principal. It can be a natural person or a legal person. When a natural person is an agent, it must have the corresponding capacity for civil conduct; when a legal person is an agent, its acting behavior shall conform to the purpose and business scope of the legal person. Agents determined according to the authorization of the parties are referred to as "trusted agents" or "intended agents"; agents determined directly under the law are referred to as "legal agents"; The identified agent is called "designated agent". The agent shall not go beyond the authority of the agent and shall not abuse the right of agency. The agent has the right to express his intentions independently within the scope of the agency's authority, but must not harm the interests of the agent. If the agent knows that the entrusted matters are still acting in violation of the law, he shall be jointly and severally liable with the agent. Acts within the agency's authority and acting in the name of the principal that meet the requirements for agency behavior shall have the legal consequences directly borne by the principal. ^[1]

[dài l rén]

Agent, English: nominee. Also made:

According to China's current "Management Rules for Insurance Agents, Brokers, and Notaries," and relevant laws and regulations, agents need to have the following qualifications:

1. With the written authorization of the agent or authorized unit, or the scope and duration of the agency agreed in the contract;

2. Must have certain qualifications and relevant skills;

3. Agents can be divided into exclusive agents and ordinary agents according to the number of their agents. Agents such as insurance, stocks, taxation, and litigation are exclusive agents.

The agent shall actively exercise the right of agency and be diligent and cautious. Only when the agent actively exercises the right of agency, due diligence and prudence can the interests of the agent be realized and protected. First of all, agents should work hard and exercise due care. In legal agents, designated agents, and commissioned agents, the agents must perform the same acts of care as they do in their own affairs. In paid agents, the agents should do their best to take care of their managers. Secondly, in entrusted agency, the agent should perform agency activities according to the instructions of the principal. Since the consequences of the agency are borne by the principal, the principal may give instructions to the agent at any time according to objective circumstances, and the agent has the obligation to abide by the instructions of the principal. The failure of the agent to follow the instructions of the agent constitutes the agent's fault; if the agent causes losses to the agent, the agent shall be liable for compensation. Again, the agent should fulfill its reporting obligations and confidentiality obligations. If the agent fails to fulfill his duties and causes damage to the agent, the agent shall bear civil liability in accordance with Article 66 of the General Principles of the Civil Law.

The agent shall proceed from safeguarding the interests of the principal and strive to complete the agency under the circumstances in which the principal is in the best interests of the principal. The criterion for judging whether the agent's exercise of the agency right has safeguarded the interests of the principal depends on the type of agency. For entrusted agents, the standard is whether it is in line with the principal's interests of the principal; for legal agents and designated agents, the standard is whether it is in line with the objective interests of the principal. ^[3]

The agent may not perform legal acts with himself in the name of the agent.