Commercial Agents - Contract is key


Contract is key

The Commercial Agents (Council Directive) Regulations governs the relationship between agents and their principals. The need for a clear and tailored written agreement between them has become if anything, more important with the introduction of the regulations which introduced a statutory right for agents to get compensation (or an "indemnity" if the contract specifies this) from the principal on termination of the contract. This arises even where the agent terminates the contract "on the grounds of age, infirmity or illness".

The contract should specify whether compensation or indemnity will apply on termination. If it does not, compensation will be payable.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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