When exercising its business activity, the sales representative, which is often isolated, may be confronted with a multitude of issues that it cannot always resolve on its own. Whether it concerns drafting of its contract , communications with its client when relationships tend to become strained, of a termination or loss of its right to severance payment , this independent professional must be able to rely on the advice of an expert at any time. Discover now why to engage a law firm specializing for sales representatives with the AUMANS LAW FIRM.
A lawyer for the drafting of commercial agent contracts
The sales representative is a independent professional (contrary to a sales representative employed as a field sales representative (VRP)). To this extent, he is not subject to a a subordination lien towards his principal and therefore enjoys a certain freedom in the exercise of his activity. However, the activity of a sales representative is strictly regulated in France by the Commercial Code, namely.
The agency agreement may be a verbal contract or conversely a written contract . There does not exist not truly of mandatory clauses to be included in the contract. However, in practice, certain mentions are essential or at least strongly advised .
That is the case, among others, of clauses relating to :
- to the products of the principal whose sale is entrusted to the commercial agent,
- to business sector ,
- to the clientele entrusted to him/her,
- at the rates of the commercial agent’s commissions,
- to the duration of the contract, etc.
- An optional clause of a non-compete clause post-contractual must also be in writing to be valid.
Based on its experience in this area, AUMANS AVOCATS, law firm specialized in commercial agent law advises its clients in the development of their agency agreements .
Termination, breach or assignment of commercial agent contracts
The termination and breach of commercial agent contracts raise questions of many legal questions . The resulting financial exposure can also be significant.
engaging the expertise of a expert in commercial agency law is therefore strongly advised.
Our law firm informs its clients accordingly about the severance payment or of dismissal to which they are entitled.
Furthermore, we assist our clients to to calculate the amount of their compensation in accordance with applicable law in this matter.
Finally, we negotiate their end-of-contract compensation on behalf of our clients in the absence of agreement .
We also inform our clients about all other compensation or amounts to which they may be entitled as a result of the termination of their contract. Arrears of commissions, notice pay, commissions under their moral rights, damages and interest, etc.
We also assist our clients with regard to their assignments of commercial agent cards and their searches for acquirers, or assignment of commercial agent contracts. Accordingly, we draft assignment of commercial agent cards and ensure compliance with the relevant rules, particularly concerning the approval of the assignee by the principal.
Serious misconduct of the commercial agent and litigation: a firm specialized in the management of your disputes
In commercial agency law, the serious breach is a fundamental concept that entails a certain a number of consequences.
Indeed, if an agent commits a serious fault, he loses his rights severance payment. Thus, accurately defining the contours of this concept is essential.
Law firm specializing in commercial law, we advise you in the event of confirmed or alleged serious breach of contract. And this in the event of any dispute, within the scope of a litigation proceeding or in the event of amicable negotiations.
AUMANS AVOCATS accompanies you in France and internationally
Specialized in commercial agent law, the Cabinet AUMANS AVOCATS advises, assists and represents its clients for over twenty years in this area. And this, whether it concerns purely national questions of commercial agent law or international matters involving parties in different countries.
