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Dec 16

Sales Agent Agreement In Spain

4. It is also important to set a minimum number of sales or targets and to define the obligations that allow the termination of the contract (without compensation) in the event of a breach. By this type of contract, the representative of the commission undertakes to carry out or participate, on behalf of the client, in an act or a trade agreement. The main feature of the agency agreement is that a natural or legal person (the agent) accepts, on an ongoing or regular basis and with the payment of a consideration to be agreed, that it encourages transactions or transactions on behalf of such a client who does not support the risk and risk of such transactions, unless otherwise agreed. The amount of compensation will be awarded according to the circumstances (duration of the contract, prohibition of the deed for competitors, etc.), and has a ceiling: the amount of the average annual remuneration that the agent has received in the last five years or throughout the order, if it is less than five years. Free from competition: non-competitive provisions (i.e. provisions limiting or limiting the activities that the distributor may carry out after the conclusion of the distribution agreement) are valid as long as they are expressly agreed by the agreement and can be defended and maintained (in terms of territory, duration and consideration). 1. The signed contract should be supervised by a lawyer (a bad contract is never recognized when it is signed, only in the event of a dispute) and must, in addition to the logical clauses (duration, commissions, etc.), clearly define the territory that the agent will cover. This will avoid disputes over whether the agent is entitled to a commission. As long as they have engaged in new customers or transactions that have become noticeable with existing customers, a representative is entitled to this compensation only because the contract has been terminated (whether it is an indeterminate or temporary period). But the Comisién Contracto of the Spanish Code of Commerce does not necessarily mean “work on behalf” but rather is a kind of agency agreement in which a client (Comitente) assigns an agent (comisionista) to carry out a specific commercial activity on his behalf (the Comisién).

In this regard, the Comisién Contrato can be considered the equivalent of the code of commerce of the Mandato Contrato of the Spanish Civil Code, in which a client (principal) instructs an agent (mandatario) to provide a specific service (mandato). Depending on the context, the comisién contract and the mandate contract can often be simply referred to as “agency agreements” in English. The distribution agreement has no specific legislation and is subject to education that derives from the law of the Spanish courts. In addition, the agencia contract (“agency agreement”) is also used in Spain, since it was formally defined in the Agency`s agreement (Ley 12/1992, of 27 de mayo, sobre Contrato de Agencia), which enshrined in Spanish law the provisions of Directive 86/653/EEC of 18 December 1986 relating to the coordination of legislation of EU Member States relating to independent trade agents.