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Dermot Callinan
Director of business services
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Commercial agency and distribution agreements:
Appointing a commercial agent

Appointing a commercial agent can help you grow your business, particularly if you are looking to expand into foreign markets or into areas within the UK that you are unfamiliar with. A commercial agent can help raise awareness of your brand and act on your behalf to negotiate and secure sales, but as they usually have a high degree of autonomy it is important to agree at the outset any limits on their authority.

A good commercial agency agreement can help protect your interests and prevent you having to rely on the fall-back provisions of the law, which are very much weighted in the agent’s favour. It can also help you to comply with your obligations under the Commercial Agents (Council Directive) Regulations 1993 if the agent you are using is self-employed and has continuing authority to negotiate the sale or purchase of goods on your behalf. The regulations provide enhanced protection for agents who fall into this category, including the right to receive compensation or an indemnity payment if you decide to terminate the agency agreement.

The commercial law team at Myers & Co Solicitors has a wealth of experience in drafting commercial agency agreements for businesses of all sizes throughout the UK.
We can help you agree:

  • your obligations to one another;
  • how the agent will be remunerated;
  • when the agreement may be terminated; and
  • whether the agent can compete with your business after your relationship has ended.

We can also provide legal advice on existing commercial agency agreements and on commercial agency disputes.

Our commercial lawyers have a reputation for providing a first-class service to businesses and in dealing with complex commercial arrangements in a practical, effective and efficient manner.

For further advice, please contact Dermot Callinan, director of business services at Myers & Co Solicitors, on 01782 577000.

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