Australian Agency Agreement Drafting

Specify whether the agent may introduce customers, negotiate, quote, sign contracts, collect money or appoint subagents. Identify any limits by product, territory or transaction value. Review the draft and communications to third parties together so the agent's intended role is described consistently.

Describe the commission basis, when it is earned, payment dates, expenses and treatment of cancellations or returns. Identify reserved accounts and any entitlement after termination. Review the calculation examples and recordkeeping requirements, especially where the agent's involvement overlaps with another sales channel.

No licence or registration is obtained by generating an agency agreement. Describe the sector, services, proposed conduct and existing authorisations. A legal practitioner can assess licensing, disclosure, conflicts and money-handling requirements before the draft grants authority for regulated activity or the agent starts acting.

Identify outstanding transactions, continuing commission claims, customer communications and the return of money, property and records. Explain how authority and brand use will cease. Review termination notices and third-party communications so the draft's end-of-appointment process can be implemented in the actual business.