Monday, November 3, 2014

Representing the Company in Agreement



Representing the Company in Agreement

In an agreement, the parties signed the last page of the agreement could be "individuals" could be "legal entities" (eg Limited Liability company). If the person who signed the agreement for identification of individuals living then just look at his ID card, unlike the case with the signing of an agreement to represent the company - which requires research background more carefully.
In civil law, the term "person" means an individual other than it could also mean a legal entity. In terms of a natural person, legal person look as biological beings. In the agreement, such individual to represent himself. Personally that person (or those he represents the power) is responsible for all the rights and obligations arising from the agreement signing.
Although an agreement was made by a legal entity (such as a Limited Liability Company) is also signed by an individual as a biological organism (say a director), but in agreement that he did not represent himself, but to represent the company as a legal entity. He signed the agreement on behalf of the company, so that all rights and obligations arising personally rather not tie binding legal entity the company he represents.
People who can represent the company in principle is the person authorized by law to represent the company. In a legal entity Limited Liability Company, the Board of Directors has the right to represent the legal entity both in and out of court - including signed the agreement on behalf of the company.
In addition to the Board of Directors, other parties may also sign an agreement on behalf of the legal entity Limited Liability Company for that person to get the power of the Board of Directors. For example, a Human Resource Manager can be entered into an agreement with the employees of a company for the actions based on the authority granted by the Board of Directors - which is usually specified in their duties when appointed as manager. All agreements are made ​​on behalf of the company thus binding the company he represents.

In the agreement, the elements of the parties (recital) that need to be emphasized include:
1. Full name of the parties.
2. The work of the parties, or the parties' positions in companies where he serves as the Board of Directors.
3. Address of the parties. If the agreement on behalf of the company, then it is included in the agreement is the address of the company.
4. Number of the ID card (optional).
5. On behalf of the parties who acted - on its own or represent another party. If the other party representing the mentioned base also represent - for example, a power of attorney.
6. In what the parties to the agreement.
Consider the example of recital (the parties) the following:

Examples of the individuals
On this day, Wednesday, April 20, 2010, the undersigned below:
Omar Gaddafi, Entrepreneur, located at Jalan Straight No. 13 These funds Lebak, South Jakarta, ID Card Number: xxxxxxxxx, hereinafter called the FIRST PARTY;
Rusni Mubarak, Entrepreneur, located at Dead End No. 27, District Gendongdia, Central Jakarta, ID Card Number: xxxxxxxxx, hereinafter called the SECOND PARTY;
Recital of the parties representing the other party (company)
On this day, Wednesday, April 20, 2010, the undersigned below:
Omar Gaddafi, Director, acting for and on behalf of PT. Proud of Independent Business, located at Jalan Straight No. 13 These funds Lebak, South Jakarta, hereinafter called the FIRST PARTY;
Rusni Mubarak, Private, acting for and on behalf of PT. Forward Backward Glad Glad by a power of attorney dated April 12, 2011, address at Dead End No. 27, District Gendongdia, Central Jakarta, hereinafter called the SECOND PARTY;

No comments:

Post a Comment