The Qualifying Agent Agreement is essential for businesses operating in regulated industries in the Philippines where specific professional licenses or qualifications are required by law. This document is particularly crucial when a company needs to appoint a qualified individual to serve as their licensed representative to comply with regulatory requirements. The agreement establishes the parameters of the relationship, including the agent's authority to act on behalf of the company, their responsibilities in maintaining necessary licenses and qualifications, and their obligations to ensure regulatory compliance. It's commonly used in sectors such as real estate, construction, and professional services where Philippine law requires licensed professionals to oversee certain business activities. The agreement must comply with various Philippine regulations, including the Civil Code, relevant industry-specific laws, and professional licensing requirements.
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1. Parties: Identifies and provides full details of the Principal and the Qualifying Agent, including their legal status and contact information
2. Background: Sets out the context of the agreement, including the Principal's business nature and need for a Qualifying Agent
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Appointment and Scope: Formally establishes the appointment of the Qualifying Agent and defines their territorial jurisdiction and scope of authority
5. Agent's Qualifications: Specifies the required qualifications, licenses, and certifications that the Agent must maintain
6. Duties and Responsibilities: Details the specific duties, responsibilities, and obligations of the Qualifying Agent
7. Principal's Obligations: Outlines the Principal's commitments and support to the Qualifying Agent
8. Compensation: Specifies the fee structure, payment terms, and any additional benefits
9. Term and Termination: States the duration of the agreement and conditions for termination
10. Confidentiality: Establishes obligations regarding confidential information and trade secrets
11. Non-Competition and Non-Solicitation: Sets out restrictions on competitive activities during and after the agreement
12. Indemnification: Details mutual indemnification obligations and liability limitations
13. Governing Law and Jurisdiction: Specifies Philippine law as governing law and sets jurisdiction for disputes
14. General Provisions: Includes standard clauses like notices, amendments, and severability
1. Insurance Requirements: Details required insurance coverage when the Agent needs specific insurance policies
2. Performance Metrics: Establishes KPIs and performance evaluation criteria when specific metrics are needed
3. Training and Support: Outlines training obligations when ongoing professional development is required
4. Compliance with Specific Regulations: Added when the agreement needs to address specific regulatory requirements for certain industries
5. Sub-Agency Provisions: Included when the Qualifying Agent may need to appoint sub-agents
6. Data Protection: Added when the role involves handling significant personal data
7. Force Majeure: Included when parties want specific provisions for unforeseen circumstances
8. Audit Rights: Added when the Principal requires rights to audit the Agent's activities
1. Schedule A - Territory Description: Detailed description of the geographic area where the Agent is authorized to act
2. Schedule B - Compensation Structure: Detailed breakdown of fees, commissions, and payment calculations
3. Schedule C - Required Qualifications: List of specific qualifications, certifications, and licenses required
4. Schedule D - Performance Standards: Detailed metrics and standards for evaluating the Agent's performance
5. Schedule E - Approved Activities: Comprehensive list of activities the Agent is authorized to perform
6. Appendix 1 - Power of Attorney: Formal power of attorney document specifying Agent's legal authority
7. Appendix 2 - Compliance Checklist: Checklist of regulatory requirements and compliance obligations
8. Appendix 3 - Required Forms: Standard forms and documents the Agent must use in their role
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Construction
Property Development
Architecture
Engineering
Insurance
Securities and Investment
Professional Services
Manufacturing
Import/Export
Pharmaceutical
Healthcare
Relevant Teams
Legal
Compliance
Operations
Regulatory Affairs
Quality Assurance
Corporate Governance
Risk Management
Human Resources
Corporate Secretariat
Professional Services
Technical Operations
Business Development
Administrative
Relevant Roles
Managing Director
Compliance Officer
Legal Counsel
Corporate Secretary
Licensed Real Estate Broker
Professional Engineer
Registered Architect
Licensed Insurance Agent
Securities Broker
Operations Manager
Regulatory Affairs Manager
Quality Assurance Manager
Technical Director
Professional Regulatory Compliance Officer
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