Guidance on the legal and commercial nature of Agents

Guidance Note: Sales Agents and other types of Agent

BS.GNA.01

This Guidance Note: Sales Agents and other types of Agent provides an explanation of various aspects of agency and particular types of agency.

It outlines what is meant (both legally and in commercial parlance) by the expressions “agent”, “agency”, “principal”, “sales agent”, “commercial agent”, “sole agent”, “exclusive agent” and “non-exclusive agent”.

In particular, the note explains commercial agency in detail and how it is governed by the Commercial Agents (Council Directive) Regulations 1993. It sets out the scope of the Regulations and how they protect a commercial agent.

It also covers other particular types of agency relationship, for example, commission, marketing, merchandise and other types of agent, as well as explaining other types of commercial relationships between suppliers/manufacturers and intermediaries engaged by them, e.g. sales representatives, distributors, franchisees.

The Note also includes links to the various template documents on the website. These templates relate to various types of agents.

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