Agents and Agency
The topic of agency is relevant in numerous commercial circumstances but
often the word “agent” means different things to different people and there
is scope for confusion, especially when trying to decide what legal
regulation applies to a particular type of agent. Therefore, this month a
new guidance note, about agency generally, has been added to the Agency,
Distribution and Franchise Agreements subfolder.
Extending your sales channels by engaging agents is one of the various ways
in which a business can expand, and it is often a quicker and less
expensive method than others. Agents can also be appointed to carry out
functions apart from selling goods, i.e. they can be engaged to carry out a
variety of different functions for a business.
Sales Agents and Commercial Agents
As well as providing broad coverage of the topic of agency, the Guidance
Note: Sales Agents and Other Types of Agent explains key points about sales
agents and commercial agents, and the commercial and legal meaning of
“sales agent”, “commercial agent”, “agent”, “agency”, “principal”,
“exclusivity” and other terminology commonly used in the business world. It
also outlines how commercial agency is governed by the Commercial Agents
(Council Directive) Regulations 1993.
Other Types of Agent
This new guidance also covers other types of agency, such as commission and
marketing. It also explains the distinction between agents and other types
of intermediary, including sales representatives, distributors and
The guidance note includes links to the various template documents on the
website. These templates relate to various types of agents and other
intermediaries. The documents comprise full agreement templates as well as
forms of MOU (Heads of Terms) documents.
The contents of this Newsletter are for reference purposes only and do not constitute
legal advice. Independent legal advice should be sought in relation to any specific