- Considering that the world has become a global village, business entities are a now allowed to trade their services or good in Uganda without necessary first registering in Uganda especially in execution of projects through public procurement methods or public private partnerships among others.
- There are also foreign businesses operating in Uganda without having offices in Uganda and so they would need a representative to assist them in their daily responsibilities.
- It is cost effective and safer for foreign company lobbying for business/bid/tender in Foreign country to first appoint to a lawyer or law firm as its representative/address in that foreign country/region for purposes of correspondence, receiving and submitting project/ business proposals, bid ,tender from the principal to the contracting agency, attending preliminary meetings required .conducting due diligence among others until such time when they will be sure of business or at the time they will be needed physically.
Before proceeding to how the representative or agent can be appointed, the following are some of the tasks one can be appointed representative or agent for;
- RECEIVING documents for and on behalf of the principal regarding tender, or any transaction and passing them as per the instructions.
- Acting for and on behalf of the principal as per the agreement and powers of attorney.
- Representing the principal where the principal is needed.
- Being the address of the principal in Uganda among others.
Incase you need to appoint an agent or representative do the following;
- Identify representative whether affirm or an individual.
- Conduct due diligence on that intended representative/an agent to confirm whether he/she or it is genuine and able to execute the task.
- If you are looking at a lawyer or law firm to be your representative/agent in any transaction/business in Uganda find out if he is a licensed Advocate in any bar association, society, council.
- Come up with your specific tasks and scope that you wish to be done by the prospective representatives or agent.
- Schedule an appointment with your prospective representative/agent to negotiate the terms of the agency/or representation.
- Reduce your agreement in writing and sign both of you.
- Prepare powers of attorney in favor of the representative and have them notarized before assuming the tasks.
- Each one of you should keep original copy of the powers and agreement for the record
Author is A regional transactions legal consultant (ADVOCATE) at NOA REGIONAL ASSOCIATED ADVOCATES AND LEGAL CONSULTANTS
Email address: onlinetransactionconsultancy@gmail.comcontacts. +250787311255,+256788105242
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Regional transaction consultant(Advocate)
NOTE: whereas the author has made necessary efforts to ensure the accuracy of this post, it is not intended to provide specific legal advice to a particular individual as individual situations may differ. For specific professional/ legal transaction advice on this subject matter and related subject, you may contact the author or contact any transaction legal consultant of your choice.
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