Business Commission Agreement

Business Commission Agreement Template for Malaysia

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Key Requirements PROMPT example:

"I need a Business Commission Agreement for my Malaysian technology company to engage sales representatives across Southeast Asia, with a tiered commission structure starting from January 2025, focusing on software product sales with specific performance targets."

Document background

The Business Commission Agreement is a critical document used in Malaysian business contexts to formalize commission-based commercial relationships between principals and their agents or representatives. This agreement is particularly relevant when a business wants to engage external parties to promote, sell, or distribute their products or services in exchange for commission-based compensation. The document, compliant with Malaysian law including the Contracts Act 1950 and Commercial Law Act 1956, typically includes detailed provisions on commission calculations, payment terms, performance expectations, territorial rights, and reporting requirements. It's commonly used across various industries from real estate to financial services, and can be adapted to both simple and complex commission structures while ensuring compliance with local regulatory requirements.

Suggested Sections

1. Parties: Identification of the principal and agent/commissioner, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, business relationship, and purpose of the commission arrangement

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Scope: Terms of appointment, territory, and scope of services to be provided

5. Commission Structure: Detailed explanation of commission rates, calculation methods, and payment terms

6. Payment Terms: Payment schedule, method of payment, currency, and handling of taxes

7. Obligations of Principal: Principal's responsibilities, including provision of information, support, and materials

8. Obligations of Agent: Agent's duties, performance standards, and reporting requirements

9. Term and Termination: Duration of agreement and circumstances for termination

10. Confidentiality: Protection of confidential information and trade secrets

11. Non-Competition: Restrictions on competing activities during and after the agreement

12. Governing Law: Specification of Malaysian law as governing law and jurisdiction

13. General Provisions: Standard clauses including notices, amendments, and entire agreement

Optional Sections

1. Intellectual Property Rights: Include when the agent will be using or creating intellectual property

2. Performance Targets: Include when specific sales or performance targets are part of the agreement

3. Training and Support: Include when the principal will provide specific training or support services

4. Insurance: Include when specific insurance requirements are needed

5. Data Protection: Include when personal data processing is involved

6. Force Majeure: Include when needed to address unforeseen circumstances

7. Anti-Corruption: Include for high-value agreements or when dealing with government contracts

8. Sub-Agents: Include when the agent is permitted to appoint sub-agents

9. Marketing and Branding: Include when the agent will be involved in marketing activities

Suggested Schedules

1. Schedule 1 - Commission Rates: Detailed breakdown of commission rates for different products/services

2. Schedule 2 - Territory: Detailed description of geographical territory or market segment

3. Schedule 3 - Products/Services: List of products or services covered by the agreement

4. Schedule 4 - Performance Metrics: Detailed performance indicators and targets if applicable

5. Schedule 5 - Reporting Templates: Standard forms for regular reporting requirements

6. Appendix A - Contact Details: Key contact persons and their details for both parties

7. Appendix B - Standard Operating Procedures: Detailed procedures for order processing, reporting, etc.

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Retail

Real Estate

Insurance

Financial Services

Manufacturing

Technology

Telecommunications

Pharmaceuticals

Consumer Goods

Professional Services

Automotive

Industrial Equipment

Construction

Energy

Healthcare

Relevant Teams

Sales

Legal

Finance

Business Development

Commercial Operations

Partner Relations

Accounts

Contract Administration

Commercial

Revenue Operations

Relevant Roles

Sales Director

Business Development Manager

Commercial Director

Legal Counsel

Contract Manager

Finance Manager

Sales Operations Manager

Channel Manager

Partner Relations Manager

Chief Commercial Officer

Sales Representative

Account Executive

Business Development Representative

Regional Sales Manager

Commission Administrator

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