In the course of its professional activity, the commercial agent is inevitably confronted with numerous legal issues which may prove delicate to handle alone. These may particularly relate to the drafting of commercial agent contract, regarding the exchanges between the commercial agent and their principal or also their right to severance payment. And the issues linked to these problems are not negligible for the commercial agent who, by virtue of their activity, is often isolated. To that extent, commercial agent law firm for over twenty years and keen to share their expertise in this area, the AUMANS LAW FIRM dedicated to advising and assisting the commercial agents located in Bordeaux and more generally within the Nouvelle-Aquitaine region.
Lawyer specializing in commercial agency law Bordeaux
AUMANSAVOCATS Law Firm, practicing the commercial agents law as a distinct specialty, advises, assists and defends commercial agents, particularly those operating in the Bordeaux area and more generally in Nouvelle-Aquitaine.
Accordingly, AUMANS AVOCATS handles various issues related to commercial agent law, such as:
- Texts regulating the activity of a sales agent, whether they relate to community or national texts: Directive 86-653 of December 18, 1986 on commercial agents, articles L 134-1 et suivants of the Commercial Code, articulation between French law and European law of the commercial agent, jurisprudence of the Court of Cassation and French court of first instance judges, jurisprudence of the Court of Justice of the European Union, etc.
- Commercial Agent Agreement: negotiation, drafting, conclusion, determination of commission amounts, calculation method of the commercial agent’s commissions, daily execution of the commercial agent agreement, breach of contract by the principal, unilateral modification of the commercial agent agreement by the principal, wrongful termination of the contract by the principal, termination of the commercial agent agreement, termination payment, etc.,
- Representation in court and defense representation before courts and tribunals, amicable negotiation in the interest of the agent commercial,
- Study of status adjacent to the status of the commercial agent: agent, business introducer / broker, other commercial intermediaries (VRP, commission agent, VDI…); advice on the advantages and disadvantages of these different statuses, etc.,
- Support for the calculation of your termination indemnity of a sales agent and more generally, various sums potentially due to the sales agent under their agency agreement,
- Negotiation strategy with the opposing party and formalization of the transaction.
Commercial Agent Contracts: AUMANS AVOCATS assists and accompanies you
Already established in three cities in France in order to advise business agents as closely as possible, the Cabinet AUMANS AVOCATS also offers its expertise as a litigator in commercial agent contracts law available to commercial agents located in Bordeaux and more generally in Nouvelle-Aquitaine:
- Drafting of the commercial agent agreement and/or the sub-agent agreement: sector, clientele, exclusivity, commission terms, fees, non-competition clause, objective clause, etc.,
- Negotiation of the terms of the commercial agent agreement with the principal for the benefit of the commercial agent,
- Support for the sales representative for all requests concerning the sales representative card: transfer of cards, audit, competition between cards, procedure for successor approval by the principal, search for buyers, etc.,
- Representation before judicial courts to ensure the defense of your rights of an independent sales agent in case of litigation in relation to the performance of your commercial agent contract.
Negotiation and calculation of the termination indemnity of the sales agent
The termination payment for a sales representative is the essential element of sales representative status.
Long-standing specialists in commercial agent law, our law firm advises and assists, of course, its clients commercial agents, notably located in Bordeaux and Nouvelle Aquitaine, with regard to their end-of-contract indemnity.
For this reason, we advise our clients, in particular, on the following points:
- Assistance for any default and insolvency proceedings Breach of commercial agent agreement,
- Assessment of Nature of the fault being serious or not Invoked by your client in the event of termination of your commercial agency contract at their initiative,
- Estimation of the termination indemnity in accordance with current rules (calculation bases, recent usages and judicial decisions in this area, etc.) and of the different sums that may be claimed following contract termination (notice indemnity, outstanding commissions, damages and interest, etc.),
- Negotiation of the compensation d breakage of the commercial agent and other amounts that may be claimed,
- Representation before the competent courts in the event of contentious proceedings relating to the termination indemnity and more generally the termination of the commercial agent contract.
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.
