The trustee shall have a power of attorney issued by the client and signed by the client. If Party B signs a contract, it must have a power of attorney issued by Party A, such as "Party B signs a xx contract with XX". On this premise, the trustee signs the trustee's own name, that is, in the above example, B signs his own name "B".
In addition, the client (A in the example) should pay attention to keeping the power of attorney and the contract signed on his behalf.
An entrustment contract refers to a contract in which the principal and the trustee agree that the trustee shall handle the principal's affairs. In the entrustment contract, the principal entrusts the agent to handle the affairs. Entrustment contracts have a certain personal nature and are usually based on mutual trust. Entrustment contracts can be paid or unpaid.
Article 163 of the Civil Code of People's Republic of China (PRC) Agency includes entrusted agency and legal agency.
An entrusted agent shall exercise the power of agency as entrusted by the principal. A legal agent shall exercise his power of agency in accordance with the provisions of the law.
Article 165 If the power of attorney is in written form, it shall specify the name of the agent, the matters to be represented, the authority and the time limit, and shall be signed or sealed by the principal.
Article 166 Where several persons are agents in the same agency, they shall jointly exercise their agency rights with others, unless otherwise agreed by the parties.
Article 169 Where an agent needs to entrust a third person to act as an agent, it shall obtain the consent or ratification of the principal.
If the entrusted agent is approved or ratified by the principal, the principal may directly instruct the entrusted third party on the agency affairs, and the agent is only responsible for the choice and instruction of the third party.
If the entrusted agent is not approved or ratified by the principal, the agent shall be responsible for the behavior of the entrusted third party; However, in an emergency, in order to safeguard the interests of the principal, the agent needs to entrust a third party.
Article 164 An agent who fails to perform or fails to fully perform his duties, thus causing damage to the principal, shall bear civil liability.
If the agent and the counterpart collude maliciously and damage the legitimate rights and interests of the principal, the agent and the counterpart shall bear joint liability.