Simons Muirhead Burton LLP

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Anne Rose
Simons Muirhead Burton LLP
Simon Goldberg
Solicitor
Simons Muirhead Burton LLP
Contributions by Simons Muirhead Burton LLP Experts

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Other Work
Drafting an agency agreement—checklist
Drafting an agency agreement—checklist

This Checklist sets out the key commercial and legal issues to be considered when drafting an agency agreement. The Checklist distinguishes the approach for commercial agents (as defined in the Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053 (Commercial Agents Regulations)) and standard agency arrangements, and covers exclusive, non-exclusive and sole agency appointments. Although drafted from the perspective of the principal, this Checklist considers areas that may be important to agents, as well as the principal. It is anticipated that this Checklist will be used when drafting and reviewing agency agreements relating to the appointment of agents for territories in the UK, although consideration is given to issues that may arise where the agent is appointed for an overseas territory. Where an agency agreement covers an international territory and/or is entered into with a principal or agent located in another territory, consider whether local law advice is required.

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