This briefing note identifies the primary areas to be considered when structuring agent liability and outlines key factors for consideration when crafting a legal and regulatory framework to govern the use of DFS agents.1 Through a brief analysis of agent liability regimes in Fiji, Kenya and Malawi, this note
highlights the importance of having in place a clear and functional regulatory structure and underscores the need to rebalance economic incentives through the principal-agent contract. In summary, this note advocates the adoption of rules that make principals vicariously liable for the actions of their
agents, coupled with an explicit agreement as to agent penalties and rewards, and supported by a functional approach to regulation.