Business Representation: Registered Attorneys - Commercial Agents
1 Oct, 2002 by
A number of your company's employees may have been appointed as a registered attorney or commercial agent. What is the difference between these two types of business representatives? Can their powers of representation be limited or removed? Where does a power of attorney fit in the company's hierarchy?
Once a company reaches a certain size, the employer needs trusted employees to manage the company's affairs and represent it to customers or suppliers. The choice between the title of registered attorney and commercial agent will depend on the extent of the representation authority the employer wishes to grant to the employee.
This article discusses the following topics:
- Definitions of business representation, registered attorney and commercial agent
- the difference between a registered attorney and a commercial agent
- power of the registered attorney and eligible activities
- power of the commercial agent and eligible activities
- activities that are not within the authority of the commercial agent
- consequences of registering the power of the registered attorney in the commercial register
- consequences of a commercial agent or registered attorney exceeding his or her powers of representation
- possibility of limiting the powers of representation
- lawfulness of a unilateral withdrawal of powers of representation