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Using an Agent or Distributor Return to top The following describes the distinctions between a sales agent or representative and distributor as understood in the Australian context. While this report is produced for the benefit of U. Sales Agents Sales agents or representatives solicit business for a foreign company and serve as thistle underwriting services australia post conduit for purchase agreements.
In most cases, a sales agent does not have the power to negotiate terms, or to finalize the sales contract.
Instead, the sales representative forwards the contract to the foreign company that either accepts, rejects, or proposes modifications. The sales representative, nonetheless, is considered to be an agent of the foreign corporation, and under the general laws of agency, the foreign corporation may be liable for the actions of its agent.
The agent retains the right to remuneration and the right to an indemnity for liabilities or losses incurred due to improper termination. Australian law, however, has not required indemnity payments. Parties may stipulate specific causes for termination in the agreement.
Either party may terminate the agreement upon receipt of reasonable notice of termination. Although no specific time period exists which defines a reasonable notice period, courts may take into consideration the nature and length of the contract when determining whether reasonable notice was given.
Distributors A distributor acts as an independent contractor, purchasing products from the foreign corporation and distributing them to wholesale buyers or retailers. Due to the size of the market, Australian distributors often request nationwide exclusivity.
American companies can choose to have Australian or U. The choice of jurisdiction does not, however, preclude the application of mandatory provisions in Australian law.
Without a stipulation of law, Australian courts will apply the law of the jurisdiction where the agent or distributor works, that is, Australian federal law and appropriate state and local law. Either fixed or indefinite-term contracts may be employed. Repeated renewal of fixed-term contracts will not cause the contract to achieve indefinite-term status.
Foreign companies providing consulting and other services in Australia may be required to register for an Australian Business Number ABN.
Registration will depend on the value of the consulting service and whether that service is provided in Australia. Foreign companies exporting products as opposed to providing services in the market do not require an ABN number.
The invoice issued to the Australian customer should include a GST component. Commercial Service in Australia provides a range of services to help American companies identify, qualify, meet and select potential agents or distributors.
American companies can arrange these services directly or through their local U. More information can be found later in this report. ASIC provides a nationwide system for the registration and regulation of companies, securities, and futures markets.
The requirements for starting a business are uniform in each state, and the same rules apply for local and overseas companies. While companies are registered with ASIC, each state registers individuals doing business under business names.
Australian business practices are similar to those in the United States. Establishing a business in Australia, either singly or in partnership with a local company, is relatively straightforward, and a foreign company can choose from a range of business structures.
The most common forms of business organizations are representative offices, branches of parent companies, subsidiaries, sole traders, partnerships, trusts, companies, and joint ventures.
Overseas investors may set up an operation using any of these forms, irrespective of the business structure they have elsewhere. Most significant businesses operating in Australia are incorporated as either private or public companies. Under the Corporations Law, the entity is registered automatically as an Australian company, upon its registration with ASIC, enabling it to conduct business throughout Australia without further registration in individual states or territories.
Local companies may be fully controlled by foreign owners. All registered companies must conform to Australian company law administered by ASIC, covering accounting, financial statements, annual returns, auditing, general meeting requirements, and the necessity to maintain a registered office open to the public.
A private company is the most typical structure for an overseas investor if it is to be a wholly-owned subsidiary of a foreign company and if public offering of shares is not intended.
The regulations that apply to a private company are simpler and less costly than those applicable to a publicly-traded company. A private company may be converted into a publicly-traded company at any time. A branch office does not require directors to be Australian residents but must have a registered office address and a statutory agent responsible to fulfill the requirements of the Corporations Law.
In addition, if a business in the U.Our Health Results Are In And August 1, Australia is ranked in the worst third of Organisation for Economic Co-operation and Development (OECD) countries for obesity among people aged 15 and over.
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