The maximum number of points for intermediary remuneration is counted within the legal limit

There is no clear legal limit on the amount of intermediary remuneration. In principle, the agreement of the parties shall be respected, and if there is no agreement or the agreement is unclear, it shall be handled in accordance with the provisions of the Contract Law.

Contract Law. Article 426:Where an intermediary facilitates the conclusion of a contract, the client shall pay remuneration as agreed. Where there is no agreement on the intermediary's remuneration or the agreement is not clear, and it cannot be determined in accordance with the provisions of article 61 of this Law, it is to be reasonably determined on the basis of the intermediary's labor services.

Where the conclusion of a contract is facilitated by the intermediary providing intermediary services for the conclusion of the contract, the parties to the contract shall bear the intermediary's remuneration equally.

On the issue of intermediary fees, the law does not clearly stipulate the maximum limit, mainly according to your agreement, but the principle of fair trade requires that the income of the intermediary should be relative to his or her payment, and it should be moderate, if you feel that it is too high, you can apply to the court for moderate adjustment.

There are two elements that must be met for an intermediary to be paid;

First, the contract introduced must be established;

Second, there is a causal relationship between the formation of the contract and the introduction of the intermediary. Only if both are met at the same time, the client has the obligation to pay the remuneration for the report.

The criterion for judging whether an intermediary contract is established is whether the intermediary facilitates the parties to conclude the contract, and if the parties to the contract have reached a cooperation agreement due to the intermediary role of the intermediary, then the intermediary contract is established. How can you tell? There are two main criteria.

1. See whether the client and the counterparty have established a contractual relationship;

2. See whether the intermediary activities of the intermediary play a role in promoting the establishment of the contract, such as providing convenience, reducing difficulty, speeding up the progress, etc. If the intermediary activity of the intermediary is wholly or substantially beneficial to the formation of the contract, it cannot be considered as contributing to the conclusion of the contract.

It should be noted that as long as the contract is formed, it does not matter whether the contract is in force or otherwise. For example, if a conditional contract is concluded and does not come into force because the conditions have not been fulfilled, it cannot be assumed that the intermediary cannot claim payment of remuneration.

Legal basis

Article 961 of the Civil Code [Definition of Intermediary Contract] An intermediary contract is a contract in which the intermediary reports to the client the opportunity to conclude a contract or provides intermediary services for concluding a contract, and the client pays remuneration.

The maximum fee standard for intermediary contracts may be determined by the parties through negotiation in accordance with law; If the parties have not agreed, it may be supplemented by agreement or determined in accordance with the relevant terms of the contract; If it is still uncertain, it may be reasonably determined by the client based on the services provided by the intermediary. There are no clear restrictions on the remuneration of intermediaries in the law.

Civil Code (effective as of January 1, 2021).

Article 963: Where an intermediary facilitates the conclusion of a contract, the client shall pay remuneration in accordance with the agreement. Where there is no agreement on the remuneration of the intermediary or the agreement is not clear, and it cannot be determined in accordance with the provisions of article 510 of this Law, it is to be reasonably determined on the basis of the intermediary's labor services. If the contract is concluded as a result of the intermediary providing intermediary services for the conclusion of the contract, the parties to the contract shall bear the remuneration of the intermediary.

If the intermediary facilitates the conclusion of the contract, the intermediary shall bear the costs of the intermediary activities.

Article 964: Where an intermediary fails to facilitate the conclusion of a contract, it shall not request payment of remuneration; However, it is possible to request the trustee to pay the necessary expenses incurred in engaging in intermediary activities in accordance with the agreement.

In real life, many people are now engaged in intermediary services, and if they provide relevant intermediary services, they need to charge a certain service fee. Of course, it should be noted that the cost of intermediary services should be determined in accordance with the contract signed by the parties.

Legal basisArticle 961 of the Civil Code: An intermediary contract is a contract in which the intermediary reports to the client the opportunity to conclude a contract or provides intermediary services for the conclusion of a contract, and the client pays remuneration.

There is no clear state regulation on what is the maximum fee standard for intermediary contracts. As long as it does not violate the provisions of the law, the amount of intermediary fees shall be agreed upon by the parties in the contract, and the provisions of the contract section of the Civil Code shall be used if the agreement is unclear.

If the intermediary facilitates the conclusion of the contract, the client shall pay remuneration in accordance with the agreement. Where there is no agreement on the intermediary's remuneration or the agreement is not clear, it is to be reasonably determined on the basis of the intermediary's labor services. Where the conclusion of a contract is facilitated by the intermediary preparer's provision of intermediary services for concluding the contract, the parties to the contract shall bear the intermediary's remuneration equally.

After the contract takes effect, if the parties have not agreed on the quality, price or remuneration, place of performance, etc., or the agreement is not clear, they may supplement it by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or transaction customs.

Legal basis: Article 510 of the Civil Code After the contract takes effect, if the parties have not agreed on the quality, price or remuneration, place of performance, etc., or the agreement is not clear, it may be supplemented by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or transaction customs.

Legal analysis: The state has no clear regulations on the maximum fee standard for intermediary contracts. As long as it does not violate the provisions of the law, the amount of intermediary fees shall be agreed upon by the parties in the contract, and the provisions of the Contract Law shall be used if the agreement is unclear.

Legal basis: Article 961 of the Civil Code An intermediary contract is a contract in which the intermediary reports to the client the opportunity to conclude a contract or provides intermediary services for concluding a contract, and the client pays the remuneration for negotiation.

Summary. Pro-<>

We'll be happy to answer your questions. Answer: In accordance with the provisions of Article 125 of the Contract Law of the People's Republic of China:

The parties may freely agree on the remuneration of the intermediary, but the amount of the remuneration shall not violate the limits prescribed by national laws. Article 63 of the Arbitration Law of the People's Republic of China stipulates that arbitration fees include fees charged by arbitration institutions and remuneration paid by the parties to the intermediary, and the total amount shall not exceed two-thirds of the amount agreed by the parties in person.

Judging from the above-mentioned legal provisions, the intermediary fee shall not exceed two-thirds of the amount agreed upon by the parties in person, that is, one-third of the total amount of arbitration costs. According to the Contract Law of the People's Republic of China and the Arbitration Law of the People's Republic of China, the maximum intermediary fee shall not exceed two-thirds of the agreement between the parties in person, that is, one-third of the total amount of arbitration costs.

The maximum intermediary fee cannot be exceeded.

Dear <> will be happy to answer for you. Answer: In accordance with the provisions of Article 125 of the Contract Law of the People's Republic of China:

The parties may freely agree on the remuneration of the intermediary, but the amount of the remuneration shall not violate the limits prescribed by national laws. Article 63 of the Arbitration Law of the People's Republic of China stipulates that arbitration fees include fees charged by arbitration institutions and remuneration paid by the parties to the intermediary, and the total amount of the arbitration shall not exceed two-thirds of the amount agreed by the parties in person.

Judging from the above-mentioned legal provisions, the maximum intermediary fee cannot exceed two-thirds of the amount agreed by the parties in person, that is, one-third of the total amount of arbitration costs. According to the Contract Law of the People's Republic of China and the Arbitration Law of the People's Republic of China, the maximum intermediary fee shall not exceed two-thirds of the amount agreed upon by the party involved in the destruction of the potato in person, that is, one-third of the total amount of arbitration costs.

In addition, Article 63 of the Arbitration Law of the People's Republic of China also stipulates that the remuneration agreed upon by the parties shall be reasonable, and the relevant departments may require the parties to halve the remuneration of the intermediary. In addition, the Contract Documentation Law also stipulates that the remuneration of the intermediary shall be included in the contract, and the parties shall specify in the contract the amount of the remuneration of the intermediary. <>