Legal Question in Business Law in New York

Commission contact (consulting)?

Hi, I will do consultation for an international trade, seller in Russia and buyer in China. I'm the middle man in Toronto Canada, and there are another two middle men, one in New York state, one in China. As middle man, we'd like to sign a commission contact with seller so they will pay us the commission. Do you have such commission contact for international trade?

Pls reply ASAP.

thanks.

Moses


Asked on 12/21/08, 11:01 am

3 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Commission contact (consulting)?

Very difficult contact to draft using a form. Things that should be considered:

1. How will you get paid? In what currency are you to be paid.

2. How much are you to be paid? Percentage net or gross, and percentage of what?

3. When will you be paid?

4. Who will pay you? China, Russia or a combination.

5. What happens if payment does not occur. Where do you want to litigate? Maybe arbitration through an international trade organization. How about security for payment.

6. How about issues between you in Canada and your partners?

This is not as simple as you think.

Mike.

Read more
Answered on 12/21/08, 6:38 pm
Kristen Browde Browde Law, P.C.

Re: Commission contact (consulting)?

Use of a form contract in this circumstance would be a poor choice, potentially penny wise and pound foolish. Important areas of consideration are not just the commission structure, but choice of law and forum for dispute resolution.

While the contract would be relatively simple and inexpensive to draft, it should be tailored to your specific situation.

Read more
Answered on 12/21/08, 11:11 am
jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: Commission contact (consulting)?

I agree with Mr. Markowitz and Mr. Browde. These types of tranactions are difficult to put on paper. They are very specific and require considerations of russian, chinese, canadian and new york law.

Being in buffalo new york, I am one hour away from Toronto, and do quite a bit of business in Canada as well as New York.

If you would like to discuss this matter further, please feel free to contact me.

Read more
Answered on 12/29/08, 3:59 pm


Related Questions & Answers

More Business Law questions and answers in New York