Commercial Agency Agreements Law And Practice

April 8, 2021

Our Dutch lawyers specializing in Dutch business representation contracts in the Netherlands are happy to advise you on your legal status and the risks associated with it when they work as a senior or commercial agent in the Netherlands. In order to avoid uncertainty and minimize risk, MAAK supports sponsors and commercial agents who resign themselves to their contracting parties on advantageous terms. In the event of a dispute or impasse with a contracting party, MAAK Advocaten may represent you in legal proceedings in the Netherlands. A common issue is the delay until the termination of a contract with commercial agencies under Dutch law. The minimum deadlines for the periodic termination of the commercial agency contract are set by law. In light of the above, other arrangements can be made. This should be taken into account when developing a commercial agency contract. A good written agency agreement is always recommended. Our Dutch lawyers in the Netherlands can help you and make proposals for a tailored agreement. By far, most agency agreement procedures deal with the question of what the parties think of certain agreements. Many disputes can be avoided if the cases are well written on paper and the parties understand what is expected of each other. This applies to both the implementation of the agreement and the commission agreements, which are an important element of the agency agreement.

The sales agent is entitled to charge the preparation of the agreements concluded after the termination of the agency contract when the commercial agent (a) owes it in the first place to the work he has done during the duration of the agency contract and has been completed within a reasonable time after the end of the agency contract, or b) him or the general manager, in accordance with the above conditions , received the third party`s mandate for the termination of the agency contract. The right to commission expires if it is not the commercial agent, but his predecessor who claims it, or if it follows from the circumstances that it is right to divide the commission between them. When does the sales agent receive a commission? How should the commercial agency contract be properly executed? What are the reasons for the (immediate) termination? What is the notice period? And does the sales agent have the right to continue collecting commissions at the end of the trade agency contract in the Netherlands? However, if you have an old contract with commercial agencies under Dutch law that you wish to terminate, seek advice from your lawyer on the possibilities.

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