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A self-employed intermediary who has continuing authority to negotiate the sale or purchase of goods on behalf of the principal or to negotiate and conclude the sale or purchase of goods on behalf of and in the name of that principal. [Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053, reg 2(1)].
A person is deemed a commercial agent by comparing the facts to the regulatory definition, and specifically, if the sale or purchase of goods was negotiated by the intermediary in its own interest rather than on behalf of the principal, the intermediary was not a commercial agent. The paradigm example of an intermediary so negotiating is that of a distributor purchasing goods from the manufacturer but reselling the goods for a profit on the mark-up. The commercial agent is also entitled to indemnity or compensation on termination of the agency contract when the commercial agent is deprived of his commission despite providing his principal with substantial benefits or had not enabled the commercial agent to amortise his costs and expenses he had incurred in the performance
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Commercial agent status: checklist for employment lawyers [Archived] ARCHIVED: This checklist has been archived and is not maintained. Where an individual is being appointed to sell or purchase products, the employer may wish to consider the individual鈥檚 status: will they be an employee, agent, distributor or franchisee? (See Appointing a sales and marketing agent鈥攃hecklist and Practice Note: Employee status.) Domestic laws that implement UK obligations under EU-derived laws are assimilated law. For further information, see Practice Note: Assimilated law. If the individual is not an employee, the 'employer' should consider whether they fall within the definition of 'commercial agent' for the purposes of the Commercial Agents Regulations 1993, which implement a Council Directive on the coordination of the laws of member states relating to self-employed commercial agents and so are assimilated law. These Regulations impose various terms on the relationship between a principal and a self-employed commercial agent, many of which the parties may not exclude by contract. In particular, they normally entitle the agent to a payment on...
Appointing a distributor in the UK鈥攃hecklist This Checklist sets out the main issues for a manufacturer or wholesaler to consider when appointing a distributor. This Checklist considers preliminary and legal issues to be considered before appointing a distributor and commercial terms that manufacturers or wholesalers may wish to address when drafting and negotiating a distribution agreement. For further guidance, see also Practice Note: How to appoint a distributor. Preliminary Issue Consideration Is distribution the right channel to market?Consider the options: 鈥 agent 鈥 joint venture 鈥 direct sales 鈥 distributor Agency:鈥 principal has contractual relationship, and closer business contact, with customer 鈥 principal can take advantage of the agent's expertise and contacts in the territory 鈥 may give rise to a taxable presence for the principal in the territory 鈥 if a commercial agent under the Commercial Agents (Council Directive) Regulations 1993 (the Commercial Agents Regulations), SI 1993/3053, then the agent will have special rights (particularly with reference to notice of termination and payment on termination) that under...
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This Practice Note explains the relationship between a commercial agent and a principal as provided by the Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053 (the Commercial Agents Regulations). For guidance on the application of the Commercial Agents Regulations, see Practice Note: Commercial agency.BackgroundThe Commercial Agents Regulations came into force on 1 January 1994 and implemented Council Directive 86/653/EEC (OJ L 382/17), the EU Commercial Agents Directive. While the Commercial Agents Regulations derive from EU law, they were retained under the European Union (Withdrawal) Act 2018 (as amended) from 11 pm on 31 December 2020 (IP completion day). They have not been repealed by the Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023) and from 1 January 2024 are considered assimilated law in the UK. For more information, see Practice Notes: Introduction to the Retained EU Law (Revocation and Reform) Act 2023 and Assimilated law. For more information on the EU Commercial Agents Directive, see Practice Note: The EU Commercial Agents Directive.This Practice Note includes references to EU...
This Practice Note covers how the Commercial Agents (Council Directive) Regulations 1993 (the Commercial Agents Regulations 1993), SI 1993/3053 govern the termination of a commercial agency arrangement. It covers a commercial agent鈥檚 right to payment of compensation or an indemnity in the event of such termination. It discusses the way that compensation and indemnity may be calculated on termination of a commercial agency arrangement under the Commercial Agents Regulations 1993 and the circumstances in which compensation or an indemnity are not payable.The Commercial Agents Regulations 1993 came into force on 1 January 1994 and implemented Council Directive 86/653/EEC (OJ L 382/17), the EU Commercial Agents Directive. While the Commercial Agents Regulations 1993 derive from EU law, they were retained under the European Union (Withdrawal) Act 2018 (as amended) from 11 pm on 31 December 2020 (IP completion day). They have not been repealed by the Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023) and from 1 January 2024 are considered assimilated law in the UK. For more information,...
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Can a commercial agent agree to a reduced notice period to that specified under the Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053 and is the commercial agent able to waive its right to an indemnity or compensation on termination? The commercial agents regulations The Commercial Agents (Council Directive) Regulations 1993 (Commercial Agents Regulations 1993), SI 1993/3053 impose various terms on the relationship between principal and commercial agent, many of which the parties may not exclude by contract. In particular, they normally entitle the agent to a payment on termination of the agency arrangement. See Practice Note: Termination of agency. The Commercial Agents Regulations 1993, SI 1993/3053 apply only to the relationship between the principal and the commercial agent. The common law on agency continues to apply where not inconsistent with Commercial Agents Regulations 1993, SI 1993/3053. See: Agency鈥攐verview. Commercial Agents Regulation 1993, SI 1993/3053, reg 15 sets out the minimum period of notice required for termination of an agency contract. Commercial Agents Regulation 1993, SI 1993/3053,...
Will an agent for the sale of shares be a commercial agent for the purposes of the Commercial Agents Regulations 1993? Commercial Agents Regulations 1993, SI 1993/3053, reg 2(1) provides that a 'commercial agent' is: a self-employed intermediary who has continuing authority to negotiate the sale or purchase of goods on behalf of another person (the 'principal'), or to negotiate and conclude the sale or purchase of goods on behalf of and in the name of that principal鈥 (our emphasis)' The Department of Trade and Industry (now Department for Business, Innovation & Skills鈥 (BIS)) issued a Guidance note on the regulations which states that: '"Goods" clearly has to be interpreted in accordance with the EC Treaty and, for that reason, the regulations do not define the word. However, it is considered that the definition of 'goods' in section 61(1) of the Sale of Goods Act 1979 (SGA 1979) as including, inter alia, all personal chattels other than things in action (eg shares) and money, may offer...
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Lexis庐PSL Commercial Law team highlights their standout legal development in 2018 and preview what we are likely to be talking about this time in 2019.
In this year鈥檚 end of year comment, our Lexis庐PSL TMT team considered what their standout legal development was in TMT in 2018. Our Lexis庐PSL team also previews the anticipated talking points for TMT in 2019.
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