The following instructions for instructions based on provision will help you understand the terms of your agreement. You can use the sample in this package as a starting point for reviewing or designing your own agency contract. The following points (for example. B§ 1, paragraph 2, etc.) refer to the corresponding provisions of the Agreement. Please check the entire document before starting the step-by-step process. 15. The Company may terminate this Agreement if the Agents do not comply with the terms of this Agreement or do not sell the Company`s Products satisfactorily. The company`s opinion on this matter is final. However, the company must inform the agents one month in advance in order to make its statement about the reasons why the company intends to terminate the contract. Articles L. 134 to 1 et seq.
the defined commercial agent system. implements the provisions of Directive 86/653/EEC of 18 December 1986 coordinating the laws of the Member States relating to self-employed commercial agents. Article 17(3) of Directive (…) 12. During the continuation of the Agency, agents may not buy, sell or negotiate, for or on behalf of a person other than the company, products manufactured by the company without the written consent of the company. Depending on the nature of the commercial agent contract, agents are able to make financial decisions on behalf of the contracting entity and to establish or influence legal relationships between the client and a third party. They also have different responsibilities vis-à-vis the principle in the exercise of their power. The relationship between an agent and the client is called a fiduciary relationship. The contract should indicate the duration of the agreement and include all renewal options. On the occasion of a merger, the client, Econocom, proposed and obtained from its commercial agent SD Lease the conclusion of a new agency contract that modifies the basis and rate of its commissions – the rate of 6% of turnover is replaced by 9% of the gross margin – and including a (…) Despite a relatively classic case law in the field of commercial representation, a decision of the Lyon Court of Appeal of 6 June 2019 is worth mentioning. It examines how to calculate the amount of the termination indemnity (Articles L.
134-11 (…) 18. Under no circumstances may agents assign or transfer the Agency to another person without the written consent of the company. All fiduciary responsibilities described above are legal requirements applicable to the agent-principal relationship, whether or not they are included in the agreement. However, since the agent has a lot of power to influence the life and finances of the client, it makes a lot of sense to have a detailed written agreement instead of an oral agreement. . . .