Chapter IV: Commercial agents.

A commercial agent is an agent who, in a self-employed capacity, without being bound by a contract for the hire of services, is responsible, on a permanent basis, for negotiating and, where appropriate, concluding contracts of sale, purchase, hire or provision of services, in the name and on behalf of producers, industrialists, traders or other commercial agents. He may be a natural person or a legal entity and is registered,…

Each party has the right, at its request, to obtain from the other party a signed writing setting out the content of the agency agreement, including that of any amendments.

The commercial agent may accept the representation of new principals without authorisation. However, he may not accept the representation of a business competing with that of one of his principals without the agreement of the latter.

Contracts between commercial agents and their principals are concluded in the common interest of the parties. The relationship between the commercial agent and the principal is governed by an obligation of loyalty and a reciprocal duty of information. The commercial agent must execute his mandate as a good professional; the principal must put the commercial agent in a position to execute his mandate.

Any element of remuneration that varies with the number or value of business transactions constitutes a commission within the meaning of this chapter. Articles L. 134-6 to L. 134-9 apply when the agent is remunerated in whole or in part by the commission thus defined. If the contract is silent, the commercial agent is entitled to remuneration in accordance with customary practice, in the sector of activity covered by his…

For any commercial transaction concluded during the term of the agency contract, the commercial agent is entitled to the commission defined in article L. 134-5 when it was concluded thanks to his intervention or when the transaction was concluded with a third party whose clientele he had previously obtained for transactions of the same type. When he is responsible for a specific geographical sector or group of persons, the commercial…

For any commercial transaction concluded after termination of the agency contract, the commercial agent is entitled to commission, either where the transaction is mainly due to his activity during the agency contract and was concluded within a reasonable period of time after termination of the contract, or where, under the conditions provided for in Article L. 134-6, the third party’s order was received by the principal or by the commercial…

The commercial agent is not entitled to the commission provided for in Article L. 134-6 if it is due, pursuant to Article L. 134-7, to the previous commercial agent, unless circumstances make it equitable to share the commission between the commercial agents.

The commission is earned as soon as the principal has executed the transaction or should have executed it under the agreement with the third party or alternatively as soon as the third party has executed the transaction. The commission is earned at the latest when the third party has executed its share of the transaction or should have executed it if the principal had executed its own share. It is…

The right to commission can only be extinguished if it is established that the contract between the third party and the principal will not be performed and if the non-performance is not due to circumstances attributable to the principal. Commissions that the commercial agent has already received are reimbursed if the related right is extinguished.