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Agreements

(Querist) 08 May 2018 This query is : Resolved 
Is it necessary to register the agency agreement and franchise agreement
Ms.Usha Kapoor (Expert) 08 May 2018
IT is compulsory to register agency agreement. Regarding Franchisee Agreement in some cases it i compulsorily Registrable.
Agency Agreement:Registration of Agency Contract
The Registration of Local Agents of Foreign Governments or Foreign Enterprises Act, Ch. 19:08. requires an agent carrying on business on behalf of a foreign government or a foreign enterprise to ensure that the contract is in writing, is subject to the laws of Trinidad and Tobago, and that a copy is lodged with the Board of Inland Revenue (BIR). In addition, the Agent must register with the Registrar General. The Agent must also make a declaration that there is no other contract between the parties, and this declaration is also lodged with the BIR. Where there is no written contract or where the contract is not subject to the laws of Trinidad and Tobago, the penalty on summary conviction is a fine of TT$20,000 and imprisonment for five (5) years. This law does not appear to be enforced by the BIR
Franchisee Agreement: the franchisor. The Franchise agreement will also grant to the franchisee certain rights of use with respect to the Franchisor’s trademarks and/or business names. In certain Franchise agreements, the Franchisee is also charged with the responsibility of registering the Franchisor’s trademarks, logos and business names in the territory where the franchise is being operated..
FARAZ ALAM ANSARI (Querist) 08 May 2018
thankyou very much ma'am

R.Ramachandran (Expert) 08 May 2018
@Ms. Usha Kapoor:

It is really amazing to note that on the basis of a mere query "Is it necessary to register the agency agreement and franchise agreement", you have been able to come to a conclusion that the Querist is a resident/local and is subject to the laws of Trinidad and Tobago!

Immediately on that basis you have provided the answer based on Trinidad and Tobago Laws!!

I am really thrilled at your knowledge and courage! (DON'T BOTHER WHETHER THE REPLY IS CORRECT OR NOT, WHETHER THE LAWS OF TRININAD AND TOBAGO APPLIES TO THE QUERIST OR NOT.)
Guest (Expert) 08 May 2018
@ Mr. R Ramachandran,
When the querist is happy with the irrelevant answer and has already liked her reply, let Ms. usha kapoor celebrate about her google invented foreign law theory to be made applicable on a resident of Bareilly (UP). She is neither concerned with the context of the query, nor the country, nor the law of the land, but unwittingly writes, whatever is invented through her Google search.

I have already pointed out her wrong advice on her part in not less than 50 cases.

Kumar Doab (Expert) 08 May 2018
GO thru;
Indian Contract Act, 1872


182. "Agent" and "principal" defined or to represent another
An "agent" is a person employed to do any act for another, who is so in dealings with third persons. The person for whom such act is done, or represented, is called the "principal".
Franchisee may be in IT’s essence to represent or representational rights
Kumar Doab (Expert) 08 May 2018
GO thru;
http://www.advocatekhoj.com/library/bareacts/indiancontract/182.php?Title=Indian%20Contract%20Act,%201872&STitle=Agent%20and%20principal%20defined%20or%20to%20represent%20another
http://www.advocatekhoj.com/library/bareacts/indiancontract/index.php?Title=Indian%20Contract%20Act,%201872
Forward the matter to legal cell of your establishment ……
Or Approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in civil matters and having successful track record ….. and worth his/her salt …and well versed with such matters and show all communications on record…give inputs on matter in person for a considered opinion …on matter on your hands..
Generically speaking; Registration may not be mandatory..
You may also post at LCI group website;
CAClubinida
Asgher Mahdi (Expert) 09 May 2018
I goes with Usha Kapoor views.
R.Ramachandran (Expert) 09 May 2018
Very well Mr. Asgher Mahdi. I respect your views.
But I must also tell you that whether the answer given by an Expert is correct or not will not be decided on the basis of number of supporting or opposing view points. BUT PURELY ON THE BASIS OF THE LAW ON THE SUBJECT.

You need to clarify the following:
1. Whether you have come to the conclusion that the Querist is a resident of Trinidad and Tobago?
2. Whether you have come to the conclusion that the Querist will be governed by the law of Trinidad and Tobago?
3. If so, the basis for arriving at such a conclusion?

The answer to the above question is necessary, because you are aware that the answer given by Ms. Usha Kappor has been commented upon.

You have to overcome the comment, with legal answer rather than by merely saying "I goes with Usha Kapoor views".

Guest (Expert) 09 May 2018
@ Mr. Ramachandran,
When the expert can use sentences like, "I DOES" and "I DO worked" (as in his profile), but works as a legal adviser for a foreign law company in Muscat (Sultanate of Oman), while living in Bangalore (India), naturally he may also be having competence to apply foreign laws on Indian nationals.
Dr J C Vashista (Expert) 09 May 2018
Indian laws are totally different to Trinidad, Tobago as well as Muscat on the subject matter, therefore, I differ with the view/suggestion (but not advise) of the impersonating fake expert and supporter.
P. Venu (Expert) 09 May 2018
The facts posted are incomplete to suggest any meaningful suggestion.


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