Sole Selling Agent under the Companies Act, 1956: Meaning and Scope
By
L.C. Goyle
Matters concerning appointment of Sole Selling Agents are regulated by the provisions of Sections 294, 294A and 294AA of the Companies Act, 1956. These provisions are quite onerous, and companies may be visited with severe penalties, if they fail to follow them. It is, therefore, of paramount importance to understand the implications of these provisions. But these provisions come into play only when a person employed comes primarily within the definition of an 'Agent'. The purpose of this Article is, therefore, to expound the true meaning and scope of the term 'Agent'. The subject is of topical importance, for, in spite of the fact that the term 'Agent' is a nomen juris, and has also received clear pronouncements from the courts, it is often very difficult to settle the question whether the true relationship between the parties is that of principal and agent or that of vendor and buyer. This finds an echo in the observations of Greer L. J. in the case of W. T. Lamb & Co., (1932) ....