Chargé d'affaires

“ No officer of agent of any corporation, joint-stock company, or association, and no member or agent of any firm, or preson directly or indirectly interested in the pecuniary profits or contracts of such corporation, joint-stock company, association, or firm, shall be employed or shall act as an officer or agent of the United States for the transaction of business with such corporation, joint-stock company, association, or firm. ”

“ Besides the ordinary cases that you will think of under the head of employer and employee, an officer of a corporation is an agent, the corporation being the principal. The president of a corporation is as much an agent as a clerk in the employ of the corporation. A partner is an agent—of the firm. ”

“ No agents are to be employed in the said business except such as shall be specially attached to the troupe, and such as shall be necessary to promote the objects of the enterprise, unless it shall be considered for the interest of both parties to employ additional assistance, in which event the compensation of such additional assistance shall be paid as a general charge. ”

“ The officers of the company are the custodians of its stock-books, and it is their duty to see that all transfers of shares are properly made, either by the stockholders themselves or persons having authority from them. ”

“ In advances of considerable amount, an agent's duty is to get authority from the head office before granting it. The discretion allowed is dependent on the size of the branch and the nature of the business and the class of customer, and on the record of the agent. ”

“ Extending the illustration to a small manufacturing enterprise, the general manager may assume all of the duties of the comptroller in the operation of the commercial branch; he may be his own sales manager or credit man; or in the manufacturing branch, he may act as superintendent.
The treasurer of the corporation may be the accountant and also act as credit man. The advertising and sales managers may be one, or the superintendent may be the purchasing agent as well. ”

“ In a purely trading concern, his duties would be in connection with the commercial or selling branch, but in a large industrial enterprise, the purchase of office supplies, advertising literature, etc., is usually under the supervision of the comptroller, chief accountant or advertising manager. ”

“ The transaction of business by the corporation in the state, generally or specially, appearing, and a certificate of service of process by the proper officer on a person who is its agent, there would, in our opinion, be sufficient prima facie evidence that the agent represented the company in the business. ”

“ When a corporation, company, or individual has an office or agency in any county other than that in which the principal resides, the service of process may be made on any agent or clerk employed therein, in all actions growing out of or connected with the business of the office or agency. ”

“ He’s bolted down—no brains—just a wooden man! Why even the officers of a company have supervision in the board of directors and back of the board are the stockholders, and boy, they’re some supervisors. ”

“ Control in the operation and management of the business, as distinguished from general supervision, is the customary test. I look in vain to find in the present arrangement any evidence that the owner acted as the manager of this business. ”

“ GENERAL AND SPECIAL AGENTS.—It is much easier to find a case of apparent authority, which will bind the principal, if the agent is a general agent than if he is a special agent. A special agent is an agent authorized to do one act, as this town treasurer was authorized to make one loan. The cashier is a general agent, authorized to do any of the great variety of acts which cashiers ordinarily do, and if the directors vote to take away one of the normal powers of the cashier, they must make the limitation public or the bank will be bound by the cashier's act. ”

“ FINANCIAL OR ADMINISTRATIVE FUNCTION.— The term ``financial or administrative function ́ ́ includes a function such as that of a credit manager, accounts payable officer, accounts receivable officer, personnel manager, comptroller, or chief financial officer, or a similar function. ”

“ IMPLIED AUTHORITY OF AGENT.—In many cases the authority given an agent is not expressly stated. One has to rely on the general course of business and on the nature of the employment to determine the extent of the agent's authority. A third person deals with a cashier of a bank, or deals with the paying teller, or he deals with the president ”

“ He occupies the position of auditor and is the real systematizer of the business. He creates all systems of commercial accounting, cost accounting, departmental records, time keeping, and pay rolls, reports of superintendent, perpetual inventory, sales statistics, and, in fact, all records of the business. He prepares all balance sheets, comparative statements, trading, manufacturing, and profit and loss statements, and reports to the general manager or executive committee, or both, on the condition of finances, materials, and finished goods. ”

“ All three persons represent the principal, or the master, or the employer, but the line of distinction lies here: An agent is employed to bring the principal into new contractual obligations; a servant represents his master in the performance of ministerial, or mechanical acts or services, with no thought of bringing his master into new contractual relations with third persons. ”

“ If a person acts notoriously as cashier of a bank, and is recognized by the directors, or by the corporation, as an existing officer, a regular appointment will be presumed, and his acts as cashier will bind the corporation, although no written proof is or can be adduced of his appointment. In short, we think that the acts of artificial persons afford the same presumptions as the acts of natural persons. ”

“ In his absence while buying, he must provide a capable assistant to represent him and the department, one whose services are esteemed as second only to his own, and who, if need be, in many instances is quite capable of acting as buyer and manager in his stead. ”

“ Functions of officers, directors, and shareholders of a regulated entity.—The Agency may, by regulation or order, provide for the exercise of any function by any stockholder, director, or officer of any regulated entity for which the Agency has been named conservator or receiver. ”

“ Branching, as a rule, direct from the president’s office and occasionally from the general manager’s, are the purchasing agent and the store-keeper, many times one and the same, or the former acting as superior to the latter. The purchasing agent has no easy role. If he is not above sharp practices—the gift of a bit of furniture or a theatre box, in the least instances—he will fulfil only part of the reputation of his office ”

“ Agents, held out as such by their principals for certain defined purposes, well known to the public, cannot bind their principals by any acts done outside of the scope of their authority, as defined by the well-known purposes of their agency. ”

“ How far, in ordinary business, a principal is bound by the acts of an agent, it is not easy to determine. As a general rule the acts of a general agent; that is, one who either transacts all kinds of business for his employer, or who does all acts connected with a particular business or transaction, or which relate to some particular department of business, bind his principal, so long as he keeps within the general scope of his authority, though he may in some special cases act contrary to his private instructions. ”

“ Definition.— For purposes of this section, the term ``senior executive officer ́ ́ means an individual who is one of the top 5 highly paid executives of a public company, whose compensation is required to be disclosed pursuant to the Securities Exchange Act of 1934, and any regulations issued thereunder, and non-public company counterparts. ”

“ There are excepted from examination the following: (1) The confidential clerk or secretary of any head of Department or office; (2) cashiers of collectors; (3) cashiers of postmasters; (4) superintendents of money-order divisions in post-offices; (5) the direct custodians of money for whose fidelity another officer is under official bond, but these exceptions shall not extend to any official below the grade of assistant cashier or teller; (6) persons employed exclusively in the secret service of the Government, or as translators or interpreters or stenographers ”

“ When they assume a contract from an industrialist to introduce him to a bureau chief, they serve for the bureau chief, too, by introducing him to the industrialist from whom he will get favors in return for favors. ”

“ The manager, who is a humble servant of the company, and who, moreover is anxious to pass the rest of his days in that honourable capacity, looks at his customer, thinking hard the while, and then, trusting his man lacks business experience, suggests 5 per cent. per annum on the overdraft and 1⁄8 per cent. on the turn-over. The turn-over of an account consists of the cheques, bills, etc., debited during the quarter or half-year, and the customer, therefore, is asked to pay a commission of 2s. ”

“ It should be well remembered, that, while it is not indispensable to success in the jobbing-business that each partner should be an expert in every department of the business, in buying, selling, collecting, paying, and book-keeping, it is absolutely necessary that each should be such in his own department,—and that the firm, as a unit, should include a completely competent man for each and every one of these departments. ”

“ In developing these model guidelines, the Director of the OMB and the Secretary of HHS shall consult with executive agencies and offices that have relevant expertise in accounting principles, including, but not limited to, the Department of the Treasury, and with the Government Accountability Office. ”

“ If any such agent shall be removed, resign, die, become insane, or otherwise incapable of acting, it shall be the duty of such corporation, company, association, person, or partnership, to appoint another agent in his place, as prescribed by the preceding section. ”

“ If there is anything wrong, he will be sure soon to detect it; for, during the twenty-one years with which he has been connected with the society, he has gone through the different grades, from assistant-surveyor to chief-surveyor, acting as chief of the staff for some time before receiving the appointment of secretary. ”

“ Also, it is most important that the business Manager or Secretary should be a specially qualified man, who by experience has learned what are the requirements of a mine doing a certain amount of work, so that a proper check may be kept on the expenses. ”

“ It is the same in every branch of trade or business. If you wish to make a purchase, or effect a sale, or hire a servant, you have a whole series of commissions or brokerages to pay before you come into contact with the principal. ”

“ Many of the large manufacturing firms maintain their own offices and staffs under the management of able assistants who have been trained at home, while many more are content to be represented on a commission basis by [272] agents, who are their own masters and handle the business of several firms whose interests do not clash. ”

“ In order to treat with the companies, the Executive shall require previously guarantees and securities suitable to compel the execution of the enterprise. The greatest advantages which relatively any company offers in favour of the country shall bind the others. Upon those points, the Executive shall hear the opinion of the Attorney-General, which functionary shall give it in writing, within ten days, which having passed the Executive shall decide upon what is proper. ”

“ The business of the corporation shall be managed by a Board of twenty Directors who shall be elected by the stockholders at each annual meeting, and shall hold office for one year or until their successors shall be chosen. ”

“ He is not, however, a purchasing officer, that work being undertaken by the director of navy contracts, who is concerned with the whole business of supply, except in regard to hulls and machinery of ships built by contract, and the special requirements of the director of works. At the same time, the civil departments of the admiralty being held responsible for the administration of the votes they compile, it is their duty to watch the outlay of money, and to see that it is well expended, the accountant-general being directed to assist them in this work. ”

“ Commission.—Offer to sell the dealer’s goods on commission. You must leave a deposit to cover the worth of the goods. Take the articles to your friends and tell them you are trying to get a place. In most cases, if the goods are cheap, they will try to help you, and you will be able to make an excellent report to your employer. When he sees that your service means money in his pocket, he will be eager to employ you at a salary. ”

“ But before he went he had actually told her that he had been promised an immediate advance in position and salary by the head of his department, and that he saw his way, sometime in the future, to become a buyer for the firm—a position which might be an important one and would at any rate be comparatively well-paid. ”

“ The vast amount of business in this department requires a great number of assistants; among whom are several controllers and auditors of accounts; a treasurer, a register, who keeps the accounts of goods imported and exported, and of the shipping employed in our foreign trade; a solicitor; a recorder; and numerous clerks.
§7. The secretary of the interior superintends the business relating to the public lands, public buildings, the lead mines and other mines of the United States, Indian affairs, patents, and pensions. ”