Current location - Trademark Inquiry Complete Network - Trademark registration - Legal responsibility of intermediary
Legal responsibility of intermediary

1. This behavior is an intermediary.

2. Legal responsibility of the intermediary:

The responsibility to provide true information related to the conclusion of the contract.

this is the most important responsibility of the intermediary.

since the information provided by the broker is an important basis for the client to sign the contract, the broker should truthfully report relevant matters to the client. If the broker intentionally conceals important facts related to the conclusion of the contract or provides false information, which damages the client's interests, he shall not ask the client to pay remuneration and shall be liable for damages.

Under normal circumstances, it is difficult for an intermediary to judge forged documents, which is beyond its ability. The information provided by the intermediary is not a guarantee responsibility, but a cautious and diligent responsibility, and reasonable attention is enough.

the intermediary has no obligation to guarantee the credit of others. The intermediary is only an intermediary, and the third person introduced by the intermediary signs the contract with the client. If the third person violates the contract in the process of performing the contract, the intermediary will not bear the responsibility.

compensation should be paid when intentionally concealing important facts or providing false information.

as mentioned above, if the intermediary intentionally conceals true information or intentionally provides false information, such as introducing it to the buyer knowing that the seller is not the owner himself or a legal agent, thus causing losses to the buyer, the intermediary shall be liable for compensation.

the client shall not be required to pay 1% of the transaction price if all the entrusted matters are not completed.

extended information

1. Intermediary institutions refer to those institutions that provide notarization, agency, information technology service and other intermediary services to clients through professional knowledge and technical services according to law.

2. Agency agencies specifically refer to agencies that provide lawyer, accountant and adoption services, as well as patent, trademark, enterprise registration, taxation, customs declaration and visa agency services.

3. Information technology service intermediaries specifically refer to institutions that provide consulting, bidding, auction, job introduction, marriage introduction and advertising design services.

4. To strengthen the effectiveness of external corporate governance mechanism, it is necessary to reduce the information asymmetry between principals and agents and improve the transparency of listed companies.

5. Investors know the financial status, operating results and management performance of listed companies through financial reports and other information disclosed by listed companies, so as to make investment decisions. In order to gain the public's trust, the financial report compiled by management must be audited by various intermediary institutions, such as accounting firms, law firms, asset appraisal institutions and investment banks, and provide authentication opinions.

6. Therefore, whether all kinds of intermediaries, especially accounting firms that independently audit the financial accounting information of listed companies and investment banks that undertake the lead underwriting responsibility in the issuance of new shares of listed companies can fully fulfill their fiduciary duties and ensure the authenticity and reliability of financial information is of positive significance to improving the governance level of listed companies.

Reference: Baidu Encyclopedia-Intermediary