According to Section 84 HGB, a commercial agent is an independent trader who is contractually obliged to act as an intermediary for other entrepreneurs or to conclude transactions on their behalf.
In order to benefit from the comprehensive protection of commercial agency law, the requirements of §§ 84 ff. HGB must be met. First of all, you would have to act as a self-employed person. There are often classification difficulties here. Among other things, the criterion for differentiation is the extent to which the commercial agent is subject to the instructions of the principal and whether he actually has to bear his own entrepreneurial risk. In this context, a question that often arises is whether bogus self-employment exists. You need to be particularly careful here, as bogus self-employment can have social security implications. As lawyers for commercial law, we will be happy to check your status. Thanks to our experience in employment law, you can also rely on our expertise in the event of a bogus self-employment being established.
As a rule, the agent’s remuneration consists of a commission. This commission claim often creates a particularly conflict-prone situation, especially as mandatory statutory regulations must be complied with.
The commercial agency agreement forms the basis of the business relationship between the principal and the commercial agent. This should regulate commission claims, non-competition clauses and customer protection. Our lawyers will be happy to help you draft a contract or check your existing contract for compliance with legal regulations. If you are looking for a commercial agency agreement with an international dimension, we are the right partner for you thanks to our many years of experience with foreign companies.
Probably the most common dispute is the commercial agent’s claim to compensation, which he may be entitled to after the contractual relationship has ended.
