Legal subjectivity:

1. Whose name is the client signing?

The client signs his or her own name on the agency contract (agreement), for example, Zhang San entrusted Li Si to attend the meeting. Zhang San was the principal and Li Si was the entrustee. Zhang San was required to sign the power of attorney.

A principal refers to a person who entrusts others to handle affairs for him/her. In the securities brokerage business, the principal refers to a natural person or legal person who can buy and sell securities in accordance with national laws and regulations.

2. What are the characteristics of the entrusted agent?

Compared with the legal agency, the entrusted agent has the following characteristics:

(1) Occurrence of the power of agency It is based on the authorization of the parties, legal agents, and legal representatives, rather than stipulated by law.

(2) Unless otherwise specified by law, the matters and authority of the agency are generally decided by the principal himself. The entrusted agent can only carry out activities within the scope of authorization of the principal.

(3) The parties, legal representatives, and legal representatives who entrust others to act on their behalf must submit a power of attorney to the People's Court subject to the lawsuit. A power of attorney is a litigation document in which a party declares to the people's court that he or she is entrusting another person to litigate. It is a document proving that the agent has obtained the qualification to act as an agent and can litigate for the principal.

According to Article 50 of the Civil Procedure Law: "If you entrust another person to act on your behalf, you must submit a power of attorney signed or sealed by the client to the People's Court." "The power of attorney must indicate the entrusted matters and Authorization. Litigation agents must have special authorization from the client to admit, abandon, change claims, conduct settlements, and file counterclaims or appeals. "Citizens of the People's Republic of China living abroad must send or entrust the case from abroad. The power of attorney submitted must be certified by the embassy or consulate of the People's Republic of China in that country; if there is no embassy or consulate, it must be certified by the embassy or consulate of a third country that has diplomatic relations with the People's Republic of China in that country. The certificate shall be certified by the embassy or consulate of the People's Republic of China in the third country, or certified by the local patriotic overseas Chinese group. ”

The authorized agent is the legal representative in litigation. An agency system that provides convenience to parties and safeguards their legitimate rights and interests. In real life, some parties find it difficult to litigate in person for some reasons, or they need help from others in litigation due to lack of legal knowledge and litigation experience, so they need to entrust others to act on their behalf. By entrusting an agent to litigate, the parties can fully exercise their litigation rights and perform their litigation obligations, and better safeguard their legitimate rights and interests.

3. What is the fundamental difference between entrustment and agency?

Entrustment means that the principal and the entrusted party sign a power of attorney, and the entrusted party carries out civil activities within the prescribed scope of authority. Behavior. Agency refers to the act of an agent implementing civil laws in the name of the principal within the authority of the agent. The difference between the two is as follows:

(1) The names for exercising rights are different. Agency includes three types: entrusted agent, legal agent and designated agent. Legal agent and designated representative are stipulated by law. Entrustment refers to the civil legal activities carried out by both parties through contracts on the basis of good faith.

(2) The affairs they engage in are different. The behavior involved in agency has expression of intention as an element, so the agency must be a civil legal act; entrustment does not require "expression of intention" as an element, so the behavior engaged in by the entrustment can be purely transactional behavior.

(3) Agency involves three parties, namely the principal, the agent, and the third party; entrustment belongs to the relationship between the two parties, namely the principal and the trustee.

As can be seen from the above, the entrustment contract must be signed by the principal’s own name, and it also needs to be signed or stamped by the trustee. This represents the true expression of the intentions of both parties. Legal objectivity:

Article 161 of the "People's Republic of China and Civil Code" Civil subjects may perform civil legal acts through agents. According to legal provisions, parties' agreement or the nature of the civil legal act, civil legal acts that should be carried out by the person himself shall not be represented by an agent. Article 919 of the "People's Republic of China and Civil Code" An entrustment contract is a contract in which the client and the trustee agree that the trustee will handle the client's affairs. Article 920 of the "People's Republic of China and Civil Code" The principal may specifically entrust the trustee to handle one or several matters, or may generally entrust the trustee to handle all matters.