| Guvnor

Enforcement: No single statutory enforcer
Status: In Force
Penalty ceiling: Regulated

Pure private law governing principal/agent commercial relationships; enforcement is exclusively by civil litigation in the courts. No statutory regulator.

Does it bind you?

Business-side roles with duties under this instrument.

Director or Officer9 Any Person4 Trader2

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Director or Officer — also bound by 482 other Acts

Insolvency (England and Wales) Rules 2016 162 duties

Companies Act 2006 126 duties

Insolvency Act 1986 77 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 68 duties

Building Societies Act 1986 32 duties

Any Person — also bound by 2684 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Trader — also bound by 864 other Acts

Value Added Tax Regulations 1995 416 duties

Companies Act 2006 244 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 133 duties

Companies Act 1985 85 duties

Insolvency (England and Wales) Rules 2016 62 duties

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

GENERAL

0 of 2 sections shown

2 other sections in this Part — procedural and definitional

s.001 Citation, commendement and applicable law

s.002 Interpretation, application and extent

Part 2

RIGHTS AND OBLIGATIONS

3 of 3 sections shown

s.003 Duties of a commercial agent to his principal Regulated

Act in good faith and follow instructions as a commercial agentAny Person

s.004 Duties of a principal to his commercial agent Regulated

Act in good faith and support your commercial agentDirector or Officer

s.005 Prohibition on derogation from regulations 3 and 4 and consequence of breach Regulated

You cannot opt-out of statutory agency duties in your contractsTrader

Part 3

REMUNERATION

6 of 7 sections shown

s.007 Entitlement to commission on transactions concluded during agency contract Regulated

Pay commission to commercial agents for concluded transactionsAny Person

s.008 Entitlement to commission on transactions concluded after agency contract has terminated Regulated

Pay commission to commercial agents after their contract has endedDirector or Officer

s.009 Apportionment of commission between new and previous commercial agents Regulated

Pay commission to the correct commercial agent after contract changesDirector or Officer

s.010 When commission due and date for payment Regulated

Pay sales agents' commission by the statutory deadlineDirector or Officer

s.011 Extinction of right to commission Regulated

Refund commission if the right to it is extinguishedAny Person

s.012 Periodic supply of information as to commission due and right of inspection of principal’s books Regulated

Provide commission statements and allow agents to inspect recordsDirector or Officer

1 other section in this Part — procedural and definitional

s.006 Form and amount of remuneration in absence of agreement

Part 4

CONCLUSION AND TERMINATION OF THE AGENCY CONTRACT

6 of 8 sections shown

s.013 Right to signed written statement of terms of agency contract Regulated

Provide or request a signed written statement of agency termsDirector or Officer

s.015 Minimum periods of notice for termination of agency contract Regulated

Adhere to minimum notice periods when terminating an agency contractTrader

s.017 Entitlement of commercial agent to indemnity or compensation on termination of agency contract Regulated

Pay indemnity or compensation to commercial agents upon terminationDirector or Officer

s.018 Grounds for excluding payment of indemnity or compensation under regulation 17 Regulated

Ensure commercial agents remain eligible for termination paymentsDirector or Officer

s.019 Prohibition on derogation from regulations 17 and 18 Regulated

Do not override a commercial agent's right to compensation or indemnityAny Person

s.020 Restraint of trade clauses Regulated

Ensure non-compete clauses are in writing and strictly limitedDirector or Officer

2 other sections in this Part — procedural and definitional

s.014 Conversion of agency contract after expiry of fixed period

s.016 Savings with regard to immediate termination

Part 5

MISCELLANEOUS AND SUPPLEMENTAL

0 of 3 sections shown

3 other sections in this Part — procedural and definitional

s.021 Disclosure of information

s.022 Service of notice etc

s.023 Transitional provisions

Help complying

Guvnor’s practical routes through this instrument.

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Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.