agent

A person authorized by another (principal) to act for or in place of him; one intrusted with another's business. Humphries v. Going, D.C.N.C., 59 F.R.D. 583, 587.

One who represents and acts for another under the contract or relation of agency (q.v.).

A business representative, whose function is to bring about, modify, affect, accept performance of, or terminate contractual obligations between principal and third persons.

One who undertakes to transact some business, or to manage some affair, for another, by the authority and on account of the latter, and to render an account of it.

One who acts for or in place of another by authority from him; a substitute, a deputy, appointed by principal with power to do the things which principal may do.

One who deals not only with things, as does a servant, but with persons, using his own discretion as to means, and frequently establishing contractual relations between his principal and third persons.

One authorized to transact all business of principal, or all of principal's business of some particular kind, or all business at some particular place. Farm Bureau Mut. Ins. Co. v. Coffin, 136 Ind.App. 12, 186 N.E.2d 180, 182.

See also

- agency

- bargaining agent

- corporate agent

- foreign agent

- forwarding agent

- innocent agent

- servant

- soliciting agent

@ apparent agent

@ ostensible agent

@ apparent agent or ostensible agent

apparent agent or ostensible agent

One whom the principal, either intentionally or by want of ordinary care, induces third persons to believe to be his agent, though he has not, either expressly or by implication, conferred authority on him. A person who, whether or not authorized, reasonably appears to third person, because of manifestations of another, to be authorized to act as agent for such other. Restatement, Second, Agency No. 8.

@ co-agent

One who shares authority to act for the principal with another agent and who is so authorized by the principal.

@

- diplomatic agent

@ dual agent

See co-agent, above.

@ exclusive agent

The only agent permitted to act for principal in a particular territory or matter, though the principal may act for himself; i.e. exclusive sales territory given to agent does not bar principal from selling in this territory. Stahlman v. Nat'l Lead Co., C.A.Miss., 318 F.2d 388, 393.

+ exclusive agent

An agent who has exclusive right to sell within a particular market or area.

See also exclusive agency

@

- general agency business

@ general agent

One who is authorized to act for his principal in all matters concerning particular business or employment of particular nature. Morpul Research Corp. v. Westover Hardware, Inc., 263 N.C. 718, 140 S.E.2d 416, 418.

Compare special agent.

@ high managerial agent

An officer of a corporation or any other agent in a position of comparable authority with respect to formulation of corporate policy or the supervision in a managerial capacity of subordinate employees.

@ independent agent

One who is an independent contractor exercising his own judgment and subject to the one who hired him only for the result of the work performed. Donroy, Limited v. U. S., C.A.Cal., 301 F.2d 200, 206.

@

- insurance agent

- local agent

@ managing agent

A person who is invested with general power, involving the exercise of judgment and discretion, as distinguished from an ordinary agent or employee, who acts in an inferior capacity, and under the direction and control of superior authority, both in regard to the extent of the work and the manner of executing the same.

One who has exclusive supervision and control of some department of a corporation's business, the management of which requires of such person the exercise of independent judgment and discretion, and the exercise of such authority that it may be fairly said that service of summons upon him will result in notice to the corporation.

@ mercantile agents

Agents employed for the sale of goods or merchandise are called "mercantile agents," and are of two principal classes ,- brokers and factors (q.v.); a factor is sometimes called a "commission agent," or "commission merchant."

@ private agent

An agent acting for an individual in his private affairs; as distinguished from a public agent, who represents the government in some administrative capacity.

@ public agent

An agent of the public, the state, or the government; a person appointed to act for the public in some matter pertaining to the administration of government or the public business. Whiteside v. United States, 93 U.S. 247, 23 L.Ed. 882.

@ real-estate agent

Person whose business it is to sell, or offer for sale, real estate for others, or to rent houses, stores, or other buildings, or real estate, or to collect rent for others.

@ special agent

One employed to conduct a particular transaction or piece of business for his principal or authorized to perform a specified act. An agent authorized to conduct a single transaction or a series of transactions not involving continuity of service. Rowen & Blair Electric Co. v. Flushing Operating Corp., 66 Mich.App. 480, 239 N.W.2d 633, 638

Compare general agent.

@

- subagent

@ superior agent

See high managerial agent.

@ transfer agent

Any person who engages on behalf of an issuer of securities or on behalf of itself as an issuer of securities in

(A) countersigning such securities upon issuance;

(B) monitoring the issuance of such securities with a view to preventing unauthorized issuance, a function commonly performed by a person called a registrar;

(C) registering the transfer of such securities;

(D) exchanging or converting such securities; or

(E) transferring record ownership of securities by bookkeeping entry without physical issuance of securities certificates.

Securities Exchange Act of 1934, No. 3, 15 U.S.C.A. No. 78c.

+ transfer agent

An organization, usually a bank, that handles transfers of shares for a publicly held corporation. Generally, a transfer agent assures that certificates submitted for transfer are properly endorsed and that there is appropriate documentation of the right to transfer. The transfer agent issues new certificates and oversees the cancellation of the old ones. Transfer agents also usually maintain the record of shareholders for the corporation and mail dividend checks

@