Within the exercise of its activity, the commercial agent, who, by virtue of their profession, is often very isolated, may be confronted with numerous issues often delicate to handle alone. These may initially concern the drafting of his contract. They may also concern the day-to-day execution of the commercial agent’s contract, the commercial agent’s relationships with his principal, even the termination of the commercial agent’s contract and, as a consequence, his right to termination indemnity.
Mastering the long-standing specificities of status of commercial agent and being committed to sharing his experience in the field of commercial agent law, AUMANS AVOCATS, law firm specializing in commercial agent law has an office in Lyon, in addition to its offices in Paris, Marseille and Brussels.
Located at the heart of the Auvergne Rhône-Alpes region, this office aims to enable business agents from this region and more generally from eastern France to advised at their doorstep by benefiting from a customized support and proven expertise.
Law Firm Lyon Specialist in Commercial Agent Status and Contract
Our law firm advises, assists, represents and defends its business agents throughout the course of their careers commercial agent contracts.
To this end, AUMANS LAW FIRM, law firm specializing in commercial agents law for over twenty years has been involved with the various points specific to the status and the commercial agent contract:
Explanations on the texts regulating the commercial law and the articulation between European / Community law and French law: Directive 86-653 of December 18, 1986 on commercial agents, law of June 25, 1991, codified in the Article L 134-1 and subsequent articles of the Commercial Code, etc.,
Advice on the Status of the commercial agent and on its specificities, including the specifics of the maritime agent, etc.
Neighboring Articles / the other trading intermediaries: agent, business introducer, broker, sales representative, buyer – reseller, etc.,
Advice on matters of (re)classification of the contract: challenge to the qualification of the contract as a commercial agent contract, reclassification as an unnamed or wrongly classified brokerage contract as a commercial agent contract, etc.
Custom drafting of the commercial agent agreement and sub-agent, (sector, clientele, commissioning clause, non-compete clause, residual rights, governing law, severance payment …),
Guidance concerning commercial agent cards: competition between cards, audits, card assignments, identification of potential buyers and introduction to potential acquirers, etc.,
Representation before the courts of civil and commercial jurisdiction in Lyon and more generally in Auvergne Rhône-Alpes and defense of your rights in the event of disputes relating to your agency agreements.
Specialist in trade agent law for over twenty years and, drawing on its presence in Paris, Lyon, Marseille and Brussels, our firm is therefore at your disposal to to assist you and advise you on this matter.
Lyon law firm: Serious misconduct of commercial agent and litigation
In commercial agent law, the gross negligence is a fundamental concept which must not be underestimated by the commercial agent. Indeed, gross negligence is particularly burdensome in consequence as it notably causes loss of the commercial agent’s termination indemnity right.
Consequently, regarding this issue of serious fault, AUMANS LAW FIRM accompanies its clients as follows:
Assistance in case of breach / notice of default of breach of the commercial agent agreement: assessment of the grounds invoked for to justify the termination, that it is the result of the principal or the commercial agent, assessment of the seriousness of the alleged breach if applicable, justification of the resignation for health reasons, breach induced by the principal, force majeure, etc.,
Advice on the entire range of amounts the commercial agent may claim in the event of termination of his contract (severance payment for contract termination, notice period payment, outstanding commissions, residual rights, damages and compensation, etc.),
Assist in the quantification of these claims by the commercial agent and assessment of their validity in light of the legislation and jurisprudence in that area.
For further information on gross negligence in commercial agent law, please do not hesitate to consult the other articles of our blog relating to this question in particular.
Commissions and fees of the sales agent
As indicated above, specializing in commercial agents’ law, our firm deals with all matters relating to compensation and commissions which the agent may be entitled to:
- Assessment of the end of contract payment according to established practices and case law in this area,
- Assessment and evaluation of other compensation and more generally amounts attributable to the agent: arrears in commissions, severance payments, damages and compensation, etc.,
- Negotiation of the compensation end of contract with the opposing party,
Operation of the litigation procedure for the purpose of the termination indemnity and any other claims that may be brought by the commercial agent.
AUMANS AVOCATS (formely FOUSSAT AVOCATS): our expertise in commercial agent law at your service
Specialized for nearly thirty years in commercial agent law and, to that effect, fully mastering the issues related to the status of the commercial agent, Jean-Charles FOUSSAT and his team advise and assist its clients throughout the life of their commercial agent contracts, including in the event of an international contract, whether it concerns their conclusion, their qualification, their execution, their termination or still their cession.
Jean-Charles FOUSSAT and his team are at your disposal for any information you may require.
