Contract Mandate Form PDF Details

In today’s complex legal and business landscapes, the Contract Mandate form plays a pivotal role, serving as a foundational document that formalizes the relationship between two parties, known as the Mandator and the Mandatary. At its core, this form outlines a special purpose agreement, wherein the Mandator grants the Mandatary the authority to act on their behalf under specific conditions detailed within the document. It begins with a preamble section that underscores the mutual desire of both parties to document their arrangement formally and confirms their eligibility and capacity to fulfill the commitments laid out in the agreement. The document points to the essence of the mandate, specifying the exact nature of the tasks the Mandatary is empowered to perform alongside any limitations or inclusionary conditions that apply. Furthermore, it addresses considerations such as compensation (if any) that the Mandatary is entitled to receive for executing the mandate, variably structured as either a gratuitous arrangement or one involving specific remuneration. The contract also meticulously outlines the duties and obligations owed by both the Mandator and the Mandatary, emphasizing principles such as care, diligence, honesty, faithfulness, and the avoidance of conflicts of interest. This ensures that the actions taken under the mandate are carried out in the best interests of the Mandator, while also detailing the process for the fulfillment of the mandate, and any requisite cooperation or reimbursements from the Mandator. Lastly, special provisions cover scenarios that might arise unexpectedly, providing guidelines for the delegation of duties, third-party involvement, and the handling of the Mandator's property or rights, thereby ensuring a comprehensive governance framework for the execution of the mandated tasks.

QuestionAnswer
Form NameContract Mandate Form
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other nameshow to write a mandate letter, mandate template, mandate letter template, mandate contract template

Form Preview Example

 

 

CONTRACT OF MANDATE

 

 

(special purpose)

 

BETWEEN:

 

 

.........................................................................................................................

 

 

.........................................................................................................................

!1

 

(hereinafter referred to as the “Mandator”)

 

AND:

.........................................................................................................................

 

 

.........................................................................................................................

 

 

.........................................................................................................................

 

 

(hereinafter referred to as the “Mandatary”)

 

 

(the Mandator and the Mandatary hereinafter collectively referred to as the “Parties”)

 

 

 

 

 

PREAMBLE

 

WHEREAS the Mandator wishes to give a special mandate to the Mandatary;

 

WHEREAS the Mandatary agrees to act according to the special mandate the Mandator wishes to

 

give him;

 

WHEREAS the Parties wish to evidence their agreement in writing;

 

WHEREAS the Parties are duly authorized and have the capacity to enter into and perform this

 

Agreement;

 

NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:

 

1.00

PREAMBLE

 

 

The preamble hereto shall form an integral part hereof.

!2

2.00

OBJECT

 

 

The Mandator hereby expressly empowers the Mandatary to represent him in the following

 

 

matter:

 

 

.................................................................................................................................................

 

 

.................................................................................................................................................

 

 

.................................................................................................................................................

.................................................................................................................................................

including, but without restricting the foregoing:

.................................................................................................................................................

.................................................................................................................................................

.................................................................................................................................................

.................................................................................................................................................

.................................................................................................................................................

Mandator Mandatary 3420

- 2 -

!3 3.00 CONSIDERATION

In consideration of the fulfillment of his mandate, the Mandatary shall receive no compensation, as this mandate is by gratuitous title.

OR

In consideration of the fulfillment of his mandate, the Mandatary shall receive the following

compensation:

.................................................................................................................................................

.................................................................................................................................................

This compensation shall be payable as follows:

.................................................................................................................................................

.................................................................................................................................................

4.00SPECIAL PROVISIONS

4.01Obligations of the Mandatary

Unless otherwise stated in this Agreement, the Mandatary shall:

a)act with care and diligence;

b)act with honesty and faithfulness in the best interest of the Mandator;

c)not exercise his powers to serve his own interest or the interest of a third person;

d)not place himself in a position that puts his own interest in conflict with that of the Mandator;

e)inform the Mandator, if requested, or where the circumstances warrant it, on the state reached in the performance of the mandate;

f)personally fulfill the mandate;

g)if the interest of the Mandator so requires, appoint a third person to replace him where unforeseen circumstances prevent him from fulfilling the mandate and he is unable to inform the Mandator in due time;

h)if the interest of the Mandator so requires, seek assistance of another person and delegate powers to this person for that purpose;

i)not, even by through an intermediary, become a party to an act which he has accepted to perform for the Mandator;

j)not use for his own benefit the information he obtains or any property he is charged to receive or to administer in carrying out his mandate;

k)not dispose, by gratuitous title, of the property entrusted to him; nevertheless, he will be able to do so, if such property is of low value and its disposal is made for the benefit of the Mandator or for the purpose pursued;

l)not renounce a right which belongs to the Mandator or is part of his patrimony, without having a valid counterpart;

m)promptly inform the Mandator that he has fulfilled his mandate;

n)respect the obligations imposed upon him by law; and

o)act within the limits of the powers entrusted to him by this Agreement.

4.02Obligations of the Mandator

Unless otherwise stated in this Agreement, the Mandator shall:

a)cooperate with the Mandatary in order to facilitate the fulfillment of the mandate;

b)advance, if required by the Mandatary, the necessary sums of money for the performance of the mandate;

c)reimburse to the Mandatary reasonable expenses and interest due since the day such expenses were disbursed;

Mandator Mandatary 3420

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