Client / Agency contract -- missing MyCo name !!

**malvolio** · 20 December 2006, 09:50

You should be creating very large waves, if your agency contract is an IR35-safe version, because the fact you are named as the provider between agency and client and not your company makes it a contract of service and you are now safely inside IR35...

Start with asking the MD of your agency why your contract chain is not aligned. If you're with the PCG (and if not, why not!), mention it to them, I'm sure they'll be interested.

And time to name and shame. The agent is not being honest, we need to know who they are.

**Billy Pilgrim** · 20 December 2006, 10:00

Had the contract between myco and agency go to Bauer and Cotrell - they changed a lot of stuff before I signed it....they say it is IR35 friendly !!

Am I legally entitled to see the contract between agent and my client ?

I think it was sent to me by mistake ?

In future - can I just ask to see it prior to signing anything ?

Thanks malvolio for the advice -- I'm onto them NOW

**Epiphone** · 20 December 2006, 11:19

Will be interested in this. Do keep us up to date.

**Billy Pilgrim** · 20 December 2006, 11:31

Spoken to Lawspeed (part of PCG service) and they have said that in no way my name (or even that of myco) should be mentioned as a party of the contract between client and agency.....unless I want a good IR35 shafting that is!!

OK to mention (preferably myco) in the schedule / statements of work etc..

BUT NOT as a party of the contract...

**Billy Pilgrim** · 20 December 2006, 11:40

BTW - just for info - I'm sure it has been mentioned on here before - you can ask to see the agency / client contract - but they are not legally obliged to show it to you......from the mouth of the nice man at Lawspeed

**Denny** · 20 December 2006, 12:44

Don't trust Lawspeed. They are not solicitors only legal consultants. They do deal with contractors queries but they are also responsible for many of the EB contracts with the clients. That means they have an intrinsic conflict of interest as they are probably more interested in keeping the EBs happy than contractors. Always go to B&C or Qdos.

**Denny** · 20 December 2006, 12:47

Originally posted by Billy Pilgrim

Just had a look at the contract between the client and agency...

No sign at all of my company name on there.....but I am named as the consultant !!

Parties

1) MY CLIENT - of xyz address - co numnber 1234567

2) Consultant - "My Name" - represented by MY AGENCY - co number 654311

Myco is mentioned on the contract I signed (as director) with agency

Should I be worried about this ?

Should I be looking to change something (from IR35) point of of view ??

Thanks

If you are only named on the contract then that means that the rights of substitution clause in your contract (a strong pointer to IR35 exemption) is just a sham.

I would ask them to revise the contract and add your company name. You are selling your business services to the client not your personal services and that should dbe clear to all parties concerned.

My contract named myself and my company trade name but not my limited company. That was fine from an IR35 point of view, as my trade name comes hand in glove with my limited company name which is clear on my marketing literature.

**wantacontract** · 20 December 2006, 14:07

so hold on a minute, am I right in saying that althought my contract between the pimp and I is passed by say B&C as IR35, but if the client and agency contract states my name, rather then my company, I am stuffed regardless!!!!

So on that note, I guess I should be asking to view the contract between the pimp and the client??

**To BI or not to BI?** · 20 December 2006, 14:09

So what's the point of having your contract checked for IR35 compliance (and paying money for it) if the contract between EB and client may be totally different (and, usually, we won't have the chance to look at it)?

Confused.....

Client / Agency contract -- missing MyCo name !!