First of all, who is the customer?

The client shall sign the entrustment contract (agreement). If Zhang San entrusts Li Si to attend the meeting, Zhang San is the principal and Li Si is the principal, and the signature of the power of attorney shall be Zhang San.

A principal refers to a person who entrusts others to handle affairs for himself. In the securities brokerage business, the principal refers to a natural person or legal person who can buy and sell securities according to the provisions of national laws and regulations.

Second, what are the characteristics of principal-agent?

Compared with legal agency, principal-agent has the following characteristics:

(a) the occurrence of agency is based on the authorization of the parties, legal agents and legal representatives, rather than legal provisions.

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

(3) A party, legal representative or legal representative must submit a power of attorney to the sued people's court when entrusting others to represent the lawsuit. Power of attorney is a litigation document in which the parties declare to the people's court that they entrust others to find a lawsuit, and it is also a proof document that the entrusted agent has obtained the qualification of entrusted agent to conduct litigation for the client.

According to Article 50 of the Civil Procedure Law: "To entrust others to represent litigation, a power of attorney signed or sealed by the client must be submitted to the people's court." "The power of attorney must indicate the entrusted matters and authority. An agent ad litem must have the special authorization of the client, who can admit, waive or change the claim, make a settlement, file a counterclaim or appeal on his behalf. " "The power of attorney sent or entrusted by China people and China citizens living abroad must be certified by China people and China embassies and consulates in that country; If there is no embassy or consulate, it will be certified by the embassy or consulate of a third country that has diplomatic relations with the people of China, and then by the entrusted agent of the people of China and the embassy or consulate of China in a third country, or by the local patriotic overseas Chinese group. "

Principal-agent is an agency system that provides litigation convenience for the parties and safeguards their legitimate rights and interests. In real life, some parties are difficult to litigate in person for some reasons, or need help from others in litigation due to lack of legal knowledge and litigation experience, which requires entrusting others to represent them. The parties can fully exercise their litigation rights, fulfill their litigation obligations and better safeguard their legitimate rights and interests by entrusting agents to conduct litigation.

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

Entrustment refers to the act of signing a power of attorney between the principal and the principal, and the principal carries out civil activities within the prescribed scope of authority. Agency refers to the act of an agent implementing civil law in the name of the principal within the scope of agency authority. The differences between them are as follows:

(a) the name of the exercise of rights is different. There are three types of agents: entrusted agents, legal agents and appointed agents. The legal agent and designated representative shall be prescribed by law. Entrustment refers to the civil legal activities decided by both parties through contract based on good faith.

(2) Engaged in different affairs. The behavior involved in agency is based on the expression of will, so the agency must be a civil legal act; Entrustment does not require "expression of will", so the act of entrustment can be a pure transaction.

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

As can be seen from the above, the client's own name should be signed on the entrustment contract, and the trustee should also sign or seal it to represent the true meaning of both parties.

Legal objectivity:

Article 161 of the Civil Code of People's Republic of China (PRC) * * * A civil subject may carry out civil juristic acts through an agent. In accordance with the provisions of the law, the agreement of the parties or the nature of civil legal acts, civil legal acts that should be implemented by themselves shall not be represented. Article 9 19 of General Principles of Civil Law of People's Republic of China (PRC) is a contract in which the client and the trustee agree that the trustee shall handle the client's affairs. Article 920th of the Civil Code of People's Republic of China (PRC) * * * The trustor may entrust the trustee to handle one or more specific affairs or all general affairs.