Appointment of a non-exclusive agent in Spain

Our client is a UK based manufacturer and supplier of plant-based products. Our client wanted to expand its reach into other territories and we assisted our client with the appointment of a non-exclusive agent in Spain.

We advised on the application and impact of the Commercial Agents (Council Directive) Regulations 1993, helping our client to understand the mandatory provisions that would be implied into the arrangement, including the right for an agent to receive compensation on termination.

In drafting the agency agreement, we minimised our client’s potential liability under the Commercial Agents Regulations. Our drafting ensured that the commission mechanisms that had been agreed between the parties would work in practice and that our client had a right to inspect and audit the records maintained by the agent.

We were able to respond quickly to our client’s needs and draft a balanced document to achieve our client’s objective of appointing the agent within two weeks of first approaching our commercial team.