Is it legal to charge agency fees for introducing projects?

The question is too broad. Generally speaking, if there is a related contractual relationship in the imported project, and the intermediary service fee is charged according to a reasonable standard, and the related labor service is provided, it is reasonable and legal to charge the intermediary fee.

However, if there is no contractual relationship, or the fee is seriously higher than the normal level, or it is illegal to bridge the gap for illegal acts (such as buying and selling contraband) and ask for payment if it fails to fulfill its obligations, it is illegal to charge the agency fee.

Legal analysis

According to the description of the problem and the theory of debt law, if the intermediary agency limits its obligation to "complete the intermediary", then the person who enjoys the intermediary service should pay the remuneration after the contract is signed and established.

An intermediary contract is not essential, and the "contract" here does not have to be presented in written form. "Imported projects" can be oral or written. Therefore, as long as the intermediary can prove that it is really satisfactory, it is considered that an intermediary contract has been concluded between the two parties. Therefore, if there have been relevant commitments before and the intermediary has indeed performed the service, the client shall perform the contractual obligations and pay the intermediary service fee;

But if there is no indication before, there is no way to talk about "intermediary", so there is no need to pay-this situation is very rare, so it may also constitute fraud;

More often, the client and the third party may reach an agreement, hoping to bypass the intermediary and save relevant expenses, and then deny the existence of the contractual relationship afterwards. In this case, according to the relevant provisions of the Civil Code, the remuneration should still be paid to the intermediary-the logic behind it is that since both parties have reached an agreement on "using the trading opportunities or media services provided by the intermediary", it is regarded as "the contents of the contract have been actually performed", so the contract naturally takes effect for both parties.

legal ground

Article 961 of the Civil Code of People's Republic of China (PRC) is a contract in which the intermediary reports the opportunity of concluding a contract to the client or provides media services for concluding a contract, and the client pays the remuneration.

Article 963 of the Civil Code of People's Republic of China (PRC): If the broker facilitates the establishment of the contract, the client shall pay the remuneration as agreed. If the remuneration of the broker is not agreed or clearly agreed, and cannot be determined according to the provisions of Article 510 of this Law, it shall be reasonably determined according to the services of the broker. Where an intermediary provides media services for concluding a contract, the remuneration of the intermediary shall be borne equally by both parties to the contract. If the intermediary facilitates the establishment of the contract, the expenses of the intermediary activities shall be borne by the intermediary.

Article 179 of the Civil Code of People's Republic of China (PRC) bears civil liability mainly in the following ways: (1) Stop the infringement; (2) remove obstacles; (3) eliminating danger; (4) returning property; (5) restitution; (six) repair, rework and replacement; (7) continue to perform; (8) Compensation for losses; (9) Paying liquidated damages; (ten) to eliminate the influence and restore the reputation; (eleven) apologize. Where the law provides for punitive damages, such provisions shall prevail. The ways of bearing civil liability as stipulated in this article can be applied separately or in combination.

Article 577 of the Civil Code of People's Republic of China (PRC), if one party fails to perform the contractual obligations or the performance of the contractual obligations does not conform to the agreement, it shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Article 965 of the General Principles of the Civil Law of People's Republic of China (PRC) * * * After accepting the services of the broker, the client shall pay remuneration to the broker if he directly enters into a contract by taking advantage of the trading opportunities or media services provided by the broker.