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Commercial Agent

Commercial agents act as independent negotiators entrusted with sale, purchase, rental, and service contracts on behalf of producers and traders. Learn about the qualifications and statutory definitions of commercial agents. Understand when the statute applies based on negotiation and contract conclusion abilities.

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Commercial Agent

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  1. Commercial Agent « Commercial agents are agents who, as independent professionals not linked by contracts for services, shall be permanently entrusted with negotiating and possibly concluding sale, purchase, rental or service provision contracts for and on behalf of producers, industrialists, traders or other commercial agents ». negotiating … and possibly concluding, sale, purchase, rental or service provision contracts. Qualification / Definition (Art.L. 134-1 of the French Commercial Code)

  2. The statute of Commercial agent is not applicable when the intermediary cannot negotiate on the behalf of the principal : the intermediary’s role is limited to presenting to the clients the (principal) supplier’s conditions (Cass. com., 27 Oct 2009) the intermediaryundertakes not to modify in any way the price list and conditions determined by the (principal) supplier (CA Paris, 20 Oct 2010) the intermediary does not produce evidence of an independant representation, characterised by freedom to trade (CA Versailles, 11 Feb 2010) the intermediary has no true autonomy in negotiating because all decisions depend on the (principal) supplier’s agreement(CA Paris, 28 Jan 2010) Commercial Agent Qualification / Definition : negotiating …

  3. The statute of Commercial agent is not applicable when the intermediary cannotconclude a contract on the behalf of the (principal) supplier : the validation of the subscription by the other contracting party requires a decision of the (principal) supplier (CA Paris, 20 Oct 2010; Cass. com., 27 Apr 2011) Commercial Agent Qualification / Definition : … and possibly concluding…

  4. Commercial Agent Qualification / Definition : … sale, purchase, rental or service provision contracts • The statute of Commercial agent is not applicable when the intermediary does not conclude sale, purchase, rental or service provision contracts : • The intermediary looks for suppliers who whish to be selected and concludes referencing contracts by which suppliers are selected as possible supplier of the (principal) distributor (CA Montpellier, 8 Feb. 2011)

  5. Supplier/Employer Travelling salesman/ Employee Sale Client Principal Agent Sale Client Principal Commercial Agent Sale Client Principal Commission Agent Sale Client Principal Broker Sale Client Labour Code Civil Code Commercial CommercialCommercial Code CodeCode Art. L.7311.3 Art. 1984 Art. L.134-1 Art. L.132-1 Art. L.131-1 Labour Code Art. L.7321-2

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