The former refers to the opportunity for brokers to report to customers to conclude contracts; The latter refers to the intermediary that provides media services for concluding contracts.
If the instruction intervenes, the remuneration shall be paid by the client;
When intermediation occurs, the remuneration shall be paid to the parties to the contract.
The so-called instruction intermediary refers to the intermediary looking for the client, looking for and instructing the person who can establish a contractual relationship with the client, which is directly oriented to the client.
The so-called media intermediation means that the intermediary seeks, introduces and matches between the client and the third party, not only reports the opportunity to conclude a contract, but also deals with the client and the third party to urge both parties to conclude a contract.
Question 2: Intermediary behavior Introducing an intermediary is essentially a commercial form, and it is a brokerage activity that matches bridges, recommends media and promotes transactions between the two parties. A general middleman is a person who gets paid for engaging in such brokerage activities for equal subjects. The basis of intermediary contract is entrustment contract. Intermediary contracts occur in the following two situations:
Question 3: What is "intermediary behavior"? What is a "violation of discipline"? Intermediary behavior refers to reporting the information of concluding a contract or providing media services for concluding a contract. An intermediary is a person or organization that introduces investors to sign contracts or provides opportunities for signing contracts. Its main function is to play a media role when investors sign brokerage contracts with futures companies.
A disciplinary contract refers to a contract in which one party carries out civil legal acts for the other party in its own name and receives remuneration according to the entrustment of the other party. Among them, the person who handles business for the other party in his own name is a broker. The so-called brokerage company is an independent businessman whose business is brokerage behavior. Brokers belong to independent businessmen.
Therefore, disciplinary action is an activity that carries out civil legal acts for the other party in its own name and collects remuneration according to the entrustment of the other party.
Question 4: the administrative organ's dissatisfaction with the mediation behavior afterwards refers to the effectiveness of mediation;
Reconsideration must aim at the legality and rationality of specific administrative acts. It can be understood from three aspects: * * responsibility, that is, the administrative behavior of the administrative subject based on administrative power should bear corresponding legal responsibility.
.
Question 5: What does a sales agent mean? The intermediary of Party A and Party B is an intermediary, who knows that Party A and Party B need or must need the services of the intermediary and negotiates to collect part of the service fee from them.
Question 6: There are two opinions on whether intermediaries must have special business qualifications. First, "intermediaries can only be legal persons or citizens engaged in intermediary business registered and approved by relevant state organs" (see Interpretation of People's Republic of China (PRC) Contract Law, page 594, Law Press, 1999). There is also a view that "the subject of an intermediary contract is not special, and both legal persons and citizens can be intermediaries of the intermediary contract" (see New Theory of Contract Law? Specific provisions, page 33 1, China university of political science and law press, 1997). As far as the current actual situation is concerned, it is necessary to put forward special requirements for the qualifications of companies specializing in intermediary services (intermediary business), that is, they must have legal person conditions and be registered before they can operate. For legal persons or citizens engaged in other businesses, if they facilitate transactions between others, their acts shall be legal intermediary acts without violating the mandatory provisions of the law, and they can get remuneration according to the contract.
Question 7: What does the middleman mean? The so-called intermediary refers to a system in which the intermediary reports the opportunity to conclude a contract to the client or provides media services for concluding a contract, and the client pays remuneration. Intermediaries are intermediaries who report information opportunities or provide media contacts for clients to conduct civil legal acts with third parties.
Intermediate definition
According to Article 424 of People's Republic of China (PRC) Contract Law: "An intermediary contract is a contract in which the intermediary reports the opportunity to conclude a contract to the client or provides media services for concluding a contract, and the client pays the remuneration." Therefore, the so-called intermediary refers to a system in which the intermediary reports the opportunity to conclude a contract to the client or provides media services for concluding a contract, and the client pays remuneration. Intermediaries are intermediaries who report information opportunities or provide media contacts for clients to conduct civil legal acts with third parties.
The difference between intermediary and agency
The difference between an agent and an intermediary is that an agent needs an independent expression of will to represent the principal in civil legal acts based on the power of attorney, while an intermediary does not represent the principal in civil legal acts, but only reports the contracting opportunity to the principal or acts as a contracting medium, and does not participate in the relationship between the principal and the third party. Brokers are not obliged to hand over the consequences of handling affairs to their clients. In short, the intermediary may not perform legal acts on behalf of the client, while the agent performs legal acts on behalf of the client. In addition, intermediaries are usually paid, and agents also include free agents.
Futures broker
Article 10 of Part III of Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Futures Dispute Cases (Law Interpretation 2003 10) points out that futures market intermediaries refer to citizens, legal persons, futures companies or customers who are "entrusted by futures companies or customers" and "provide them with intermediary services to conclude contracts or futures brokerage contracts", and futures companies or customers pay remuneration to intermediaries according to the agreement.
Question 8: What is a "middleman"? What exactly does it do? Intermediary behavior refers to the behavior that, according to the agreement of both parties, one party provides business information when reporting trading opportunities for the other party, and the other party pays certain remuneration to the broker after the transaction introduced by it is established. In the process of concluding a contract between the principal and a third party, the middleman plays the role of threading the needle and does not need to express his intention to the third party in the name of the principal.
Question 9: What is an intermediary contract? The basis of intermediary contract is entrustment contract. Intermediary contracts occur in the following two situations:
First, customers take the initiative to find an intermediary. For example, A has a house to rent, and he looks for Company B as an intermediary agency for house leasing. Company B finds a suitable candidate among the tenants registered in its company, namely Company C, which is the principal of renting the house, and A and C sign a house leasing contract.
Company B collects agency fees (commissions). According to the current trading habits of such intermediary contracts in China, the commission is paid by the renter.
Second, brokers take the initiative to find customers. Intermediaries are often well informed. For example, Party A knows that there is something to sell somewhere, but Party B, who is in urgent need of buying it, doesn't know. Party A will report the information about the conclusion of the contract to Party B, and provide media services for Party B to conclude the contract, so that Party B can buy what he needs somewhere according to his own wishes, and Party B will pay a certain commission to Party A. ..
The basis of the above two kinds of intermediary contracts is the entrustment contract. In the first case, both A and C are customers of Company B. In the second case, although A found B first, B eventually became a customer of A, and B paid a commission to it.
The middleman in an intermediary contract is not the agent of the principal, but the middleman who plays the role of introduction and help between the two parties to the transaction. An agent enters into a contract with a third party in the name of the principal under the premise of the authorization of the principal. After the entrusted affairs are completed, decide whether to pay remuneration to the trustee according to the paid or unpaid agreement in the contract. The purpose of intermediary behavior is to facilitate transactions between others and get paid. Therefore, a typical feature of an intermediary contract is remuneration.
Intermediary behavior can be divided into reporting intermediaries that provide signing opportunities, media intermediaries that provide introduction services, and reporting intermediaries and media intermediaries.
There are two views on whether a broker must be a person with special business qualifications. First, a broker can only be a legal person or citizen engaged in brokerage business registered and approved by the relevant state organs (see page 594 of the Interpretation of People's Republic of China (PRC) Contract Law).
Law Press, 1999 edition). There is also a view that the subject of the intermediary contract is not special, and both legal persons and citizens can become intermediaries of the intermediary contract (see the Theory of New Contract Law). Specific provisions, page 33 1, China university of political science and law press, 1997). As far as the current actual situation is concerned, it is necessary to put forward special requirements for the qualifications of companies specializing in intermediary services (intermediary business), that is, they must have legal person conditions and be registered before they can operate.