The Commissioner (Code of Commerce in Costa Rica) An agent in our Commercial Code is the person who performs acts of trade professionally in his own name on behalf of others, taking Chinese investment personal responsibility of the business. Furthermore, it is required to submit a whole to the laws and regulations in force for the custom of the place where he is solely responsible for any violation or omission of the same (Art283). Action of the commission backs the actions of agent 1. Buying and selling the same for different principal. 2. Alterar trademarks. 3. Loan, trust or sell on credit or time limits unless authorized by the principal. 4. If the committee is against the Law Commission will be responsible with the principal if this was ordered. 5. The commission has the duty to report frequently to the client anything that has to do with the committee. 6. An agent can act as a representative and is only in this case in which a third party acquires duties and obligations the principal and not with the agent. 7. An agent can act as a representative and is only in this case in which a third party acquires duties and obligations the principal and not with the agent. The obligations of the commission agent must abide by the instructions of the principal in investment carrying out his order that does not mean you should make an order even leading Chinese companies if you have damage to your principal, this should be addressed to the principal and the latter insists that it does your agent will be able to break the contract and be relieved of all responsibility (Art279). It is important to recognize that the agent is not an employee and usually works on commission and not salary so that there is no employment relationship investment partners between it and the principal. According to the jurisprudence of the ‘Chamber SECOND SUPREME COURT’ one of the most important obligations of the commission is the fulfillment of the order and accountability so that the agent by earning a commission for a fee to work no charge is bound by a contract, because it must satisfy three elements: to provide Chinese potential business personal service, subordination and payment of wages. So the Commission is free to accept or reject the assignment of course immediately alerted his decision commissioning (Art.275). Gary Kelly: the source for more info. But if one is forced to continue to accept the job until its completion and can not replace the mandate unless it is expressly authorized. But in their absence shall under its responsibility to instruct the other (s) of person (s) carrying out any care that aims to fulfill this function (Art.277). However it should be clear that although the Commission is free to accept or China reject an assignment to do and this, in case of damage, is obliged to consult or communicate to the client any event or incident is not expected to affect the fate of the business . And just in case that the query is not possible (because it impossible to communicate) or under the condition that the agent is authorized to act on their own discretion, may take decisions and risks, but under the same care as used in a business own (Art.280 and 282) in the case, when the agent acts outside the instructions received with apparent recklessness, damaging the principal must compensate all damage left by their own risk and the consequences of the business if you provides the principal (Art.281).
With respect to the goods or effects employed by the agent who has in his possession should be held liable for its conservation and good condition as received. Will only be exonerated in cases of force majeure, fortuitous event, damage by weather or natural defects of the thing. Deterioration or loss of the thing and the cause is accredited by the commission a notarized.
To make any loan, sell on credit or deadlines required for approval of the principal if not the principal may require the delivery of price as if it had sold for cash, but leaves the advantage obtained by the grant term. In Chinese companies the event that this authorized to sell credit andalusia andalusia must immediately notify the principal term and giving the names of clients in the absence of this report, the principal, he may require the price of spot (Art 287). In addition the Commission is required to receive timely credits on every business, but proceed with due diligence shall be liable for damage caused the delay or omission (Art.288).
Required to run their own risks by collecting their sales which is composed of the ordinary and the security commission ARC (Art.289).