Q&As

Can a commercial agent agree to a reduced notice period to that specified under the Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053 and is the commercial agent able to waive its right to an indemnity or compensation on termination?

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Published on LexisPSL on 21/09/2018

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • Can a commercial agent agree to a reduced notice period to that specified under the Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053 and is the commercial agent able to waive its right to an indemnity or compensation on termination?
  • The commercial agents regulations
  • Compensation or indemnity
  • Ability to settle and waive rights

The commercial agents regulations

The Commercial Agents (Council Directive) Regulations 1993 (Commercial Agents Regulations 1993), SI 1993/3053 impose various terms on the relationship between principal and commercial agent, many of which the parties may not exclude by contract. In particular, they normally entitle the agent to a payment on termination of the agency arrangement. See Practice Note: Termination of agency.

The Commercial Agents Regulations 1993, SI 1993/3053 apply only to the relationship between the principal and the commercial agent. The common law on agency continues to apply where not inconsistent with Commercial Agents Regulations 1993, SI 1993/3053. See: Agency—overview.

Commercial Agents Regulation 1993, SI 1993/3053, reg 15 sets out the minimum period of notice required for termination of an agency contract.

Commercial Agents Regulation 1993, SI 1993/3053, reg 15(2) outlines the followin

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