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Agency Creation

Organization & Structure of an Agency

Organization & Structure of an Agency

Agency is a term in business law that refers to the ability of an agent to enter into contractual relationships between a principal and a third party. In this type of business structure a person will authorize an agent to act on his or her behalf to establish a contractual relationship. The person that authorizes the agent is called the principle.
For those people who are engaged in agencies, it is important to be aware of the legislation that regulates these entities. This is because principals will often be liable for the business and legal transactions that an agent conducts on their behalf. If the actions of an agent are considered improper or the agent causes damage to a third party, the principal is generally held liable for damages. Therefore, agents are always required to act in the best interests of the principal they are representing.
The operations of an agency are based primarily on the agreement between the agent and the principal. As long as the principal legally authorizes the agent to act on his or her behalf, then an agency relationship exists. This type of relationship often exists between consumers and real estate brokers.
In this case, the principal would be the person that is desiring to sell a home and the agent would be the real estate broker. The principal gives authorization to the agent to sell his or her home. When the agent finds people that are interested in purchasing the home, the agent enters into a contract with this third party on behalf of the principal.
An attorney also commonly acts as an agent when the attorney enters into contracts on behalf of his or her principal. Although much of the structure regarding agencies are governed by common law on a case by case basis, there is also legislation that regulates these practices. It is the job of the Federal Trade Commission to ensure that this legislation is enforced.
The Federal Trade Commission (FTC) is an agency of the U.S. Government whose primary goal is to protect consumers and prohibit the existence of monopolies that eliminate competition. In this case, the Government acts as the principal and allows that FTC to engage in contractual relationships with third parties while overseeing the actions of the agency. The delegation clause of the U.S. Constitution allows for the Government to establish these independent agencies in order to carry out the tasks and legislation of Congress.
There are many examples of Government agencies with specific responsibilities. The Federal Trade Commission is one that works with consumers and commercial practices. The FTC was established in 1914 by the Federal Trade Commission Act. The FTC has a Bureau of Consumer Protection that is responsible for protecting consumers against unfair practices, such as fraudulent advertising and identity theft. The Federal Trade Commission will enforce State legislation that protects against these practices.
The FTC Bureau of Competition will enforce legislation that prevents monopolies and other business practices that discourage outside competition. Anti-trust legislation prohibits these practices, and the duty of the FTC is to ensure that these businesses will be dissolved.

Know the Types of Government Agencies

Know the Types of Government Agencies

There are several different types of agencies within the United States Government. A regulatory agency is generally part of the Government that has authority over a specific activity. Independent regulatory agencies are associated with the Government, however, they may receive little in the way of actual supervision. They are meant to function and carry out the tasks of the U.S. Government independently. Although they operate under the Federal Government, they are not a branch of the Government.
Independent regulatory agencies have tasks, such as performing investigations of audits, protecting consumer rights, and overseeing international trade. These tasks may prove to be very complex and time consuming, which is why they are generally performed by independent regulatory agencies, as opposed to the Federal Government itself. This allows for greater accuracy and the ability to ensure that legislation is being followed by all citizens. 
For example, the Federal Communications Commission, the Federal Trade Commission, and the Environmental Protection Agency are types of independent regulatory agencies. These independent regulatory agencies are better equipped than the Federal Government to handle specific areas of legislation because they will have expertise in the specific areas.
This concept was introduced by the United States Government in 1887 in order to handle certain aspects of private life. These independent regulatory agencies will operate with little supervision from the Federal executive agencies. However, they still have the authority to enforce legislation. In some cases, they will also be able to create new legislation through suggestion and comment. An existing piece of legislation may be amended based on the suggestion of a Government agency.   
Although they operate independently from the Government, most independent regulatory agencies are considered to be Federal executive agencies. This is because they operate under the Government. There are many Federal executive agencies that handle a variety of responsibilities. These tasks include protecting the environment, protecting consumers, managing America’s space program, and gathering intelligence.
There are a select few independent regulatory agencies that are considered to be outside the realm of Federal executive agencies. They are the Library of Congress and the Congressional Budget Office. These Federal executive agencies are considered to be part of the legislative branch of agencies. The Library of Congress is an agency that manages the research library of the United States Government. The Congressional Budget Office will report directly to Congress with economic data on the United States.