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Ethics ComplianceDocumentsNSWEASY

An agent asks a vendor to sign an agency agreement with the commission rate and estimated selling price left blank, saying she will fill them in once the campaign is planned. What is the position?

Correct Answer

A) It breaches the rule that all material particulars be inserted before signing.

Rule 15 of Schedule 1 prohibits an agent from submitting a document to a person for signature unless all material particulars have been inserted at that time. In an agency agreement the commission and the estimated selling price are plainly material.

Answer Options
A
It breaches the rule that all material particulars be inserted before signing.
B
It is fine, as long as the vendor initials the figures once they are added.
C
It is fine for the commission, but the price estimate must be inserted first.
D
It is fine, provided the vendor receives a copy within 48 hours of signing.

Why This Is the Correct Answer

Commission and estimated price are material particulars, and rule 15 requires them to be filled in before the vendor signs.

Why the Other Options Are Wrong

Background Knowledge for Ethics Compliance

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