Indiana - Appoint an Exclusive Distributional Agreement

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Procedure

Apply In Person

1. To Appoint an Exclusive Distributional Agreement, the applicant has to approach the U.S. Securities and Exchange Commission, Division of Trading and Markets link
2. The applicant has to write a letter for the exclusive distributional agreement.
3. Also, attach the necessary documents which are mentioned in the “Required Documents” section of this page.
4. The applicant has to attach the photocopies of the required documents along with the application form while submitting.
5. Submit all the necessary documents along with the completed form to the Trading and Markets department office.
6. The fee for this procedure has to be paid as per the authority’s request. (if required)
7. After receiving the document, the concerned authority will check the submitted application and document set. If all are in place, the application will be accepted.
8. Once the verification process gets completed, the officer will contact the applicant for the meeting.
9. The applicant has to set an appointment with the manufacturer and with the division officers.
10. Negotiate the distribution terms and conditions.
11. Also, the applicant can hire a business lawyer to help with the draft of the terms.
12. The applicant has to decide on the type of distribution agreement.
13. Business attorneys are licensed to offer legal advice at every crucial point in the negotiation and contract drafting process.
14. The applicant has to fix the agreement and make a legal contract for the exclusive distribution agreement signed copy of the trading division officer.
15. The processing time for this procedure takes up to 30 – 40 days.

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Required Documents

• A detailed list of the supply of product
• Business License
• Exclusive Distribution agreement
• Written letter

Office Locations & Contacts

U.S. Securities and Exchange Commission
Division of Trading and Markets
Haoxiang Zhu, Director (202) 551-5500
Director's Office - 202-551-5500
Contact link AND link
Regional Office link

Eligibility

• Any business person who intends to Appoint an Exclusive Distributional Agreement is eligible to make this application.

Fees

• The fee for this procedure has to be paid as per the authority’s request. (if required)

Validity

Explain the time until which the certificate/document is valid.
e.g. Birth Certificate Valid Forever

Documents to Use

Please attach documents that can be used by people. e.g. links

Sample Documents

Please attach sample completed documents that would help other people.

Processing Time

• The processing time for this procedure takes up to 30 – 40 days.

Related Videos

Videos explaining the procedure or to fill the applications.
Attach videos using the following tag <&video type='website'>video ID|width|height<&/video&> from external websites.
Please remove the '&' inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver,
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.gIn the following url 'http://www.youtube.com/watch?v=Y0US7oR_t3M' Video ID is 'Y0US7oR_t3M'.

Instructions

• Applicant must complete the application form before submitting. Incomplete applications will not be accepted.
• Applicant must provide genuine information while applying for this procedure.

Required Information

• Names and addresses of both parties
• Sale terms and conditions
• Contract effective dates
• Marketing and intellectual property rights
• Defects and returns provisions
• Severance terms
• Returned goods credits and costs
• Exclusivity from competing products
• Ownership of product provisions

Need for the Document

• Exclusive distribution agreements are distribution rights granted between a distributor and a supplier company. Both parties agree that the distributor will give exclusivity rights to the supplier to sell certain products or services instead of non-exclusive rights. This strategy creates competitive barriers to participation.

Information which might help

Provisions to consider when drafting distribution agreements include:

• Provision 1. Minimum purchase requirements
• Provision 2. Purchase order cancellations
• Provision 3. Defined geographic locations
• Provision 4. Handling purchase orders and deliveries
• Provision 5. Representations of warranties and guarantees
• Provision 6. Dispute resolution requirements
• Provision 7. Force majeure clauses

Other uses of the Document/Certificate

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.

External Links

Link

Others

There are four distribution agreement types including:

• Type 1. Exclusive distribution agreements
• Type 2. Wholesale distribution agreements
• Type 3. Distribution agreements for commissions
• Type 4. Developer distribution agreements