КОНТРАКТНОЕ ПРАВО ОНЛАЙН-СЕРВИС ЮРИДИЧЕСКАЯ ПОМОЩЬ
MIRIPRAVO.RU
Аналитика, контракты, lexmercatoria
Ресурс работает с 1999 года



Commercial Agents Regulations (of Ireland)

(Положение о коммерческих агентах)

(Ирландия)


(S.I. No. 33 of 1994)





I, Ruairi Quinn, Minister for Enterprise and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972) for the purpose of giving effect to Council Directive 86/653/EEC of 18 December 1986 (*), on the co-ordination of the laws of the Member States relating to self-employed commercial agents, hereby make the following Regulations:

1. These Regulations may be cited as the European Communities (Commercial Agents) Regulations, 1994.

2. 2. (1) In these Regulations:

3. "commercial agent" means a self-employed intermediary who has continuing authority to negotiate the sale or purchase of goods on behalf of another person, hereinafter called "the principal", or to negotiate and conclude such transactions on behalf of and in the name of the principal; the term "commercial agent" does not include

(a) a person who, in the capacity of an officer of a company or association, is empowered to enter into commitments binding on that company or association;

(b) (b) a partner who is lawfully authorised to enter into commitments binding on the partners;

(c) (d) a receiver, a receiver and manager, a liquidator or an examiner, as defined in the Companies Acts, 1963 to 1990, or a trustee in bankruptcy;

(e) (d) a commercial agent whose activities are unpaid;

(e) (e) a commercial agent operating on commodity exchanges or in the commodity market; or

(f) (f) a consumer credit agent or a mail order catalogue agent for consumer goods, whose activities, pursuant to paragraph (2) of this Regulation, are considered secondary;

(g) "the Directive" means Council Directive 86/653 EEC of 18 December 1986 (*).

(2) The activities of an agent of a category described in paragraph (1) (f) of this Regulation shall be presumed, unless the contrary is established, to be secondary for the purposes of these Regulations.

(3) (*) O.J. L382/17 of 31st December 1986

3. The Directive shall, subject to these Regulations, apply to the relations between commercial agents and their principals from 1 January 1994.

4. 4. In the application of Article 7(2) of the Directive, a commercial agent shall be entitled to commission on commercial transactions concluded during the period covered by the agency contract only where the agent has an exclusive right to a specific geographical area or group of customers and where the transaction has been entered into with a customer belonging to that area or group.

5. 5. The agency contract shall not be valid unless it is evidenced in writing.

6. Given under my Official Seal,

this 21st day of February 1994,

RUAIRI QUINN,

Minister for Enterprise and

Employment.



EXPLANATORY NOTE

(This is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations give legal effect to EU Council Directive 86/653/EEC on the Co-ordination of the Laws of Member States relating to Self-Employed Commercial Agents. The Regulations deal with the relationship between Commercial Agents and their Principals and their respective rights and obligations. Certain categories of agent specifically excluded.

Pn No. 0549

Price 36p

Postage 50p



SI No. 31 of 1997

European Communities (Commercial Agents) Regulations, 1997

I, Richard Bruton, Minister for Enterprise and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), for the purpose of giving effect to Council Directive No. 86/653/EEC of 18 December 1986 (*), on the co-ordination of the laws of the Member States relating to self-employed commercial agents, hereby make the following Regulations:

1. (1) These Regulations may be cited as the European Communities (Commercial Agents) Regulations, 1997.

2. (2) The European Communities (Commercial Agents) Regulations, 1994 (S.I. No. 33 of 1994) and these Regulations shall be construed as one and may be cited together as the European Communities (Commercial Agents) Regulations, 1994 and 1997.

(3) 2. It is hereby confirmed that, pursuant to Regulation 3 of the European Communities (Commercial Agents) Regulations, 1994, a commercial agent shall, after termination of the agency agreement, be entitled to be compensated for damage in accordance with Article 17(3) of the Directive subject, insofar as they are relevant to such compensation, to the provisions of that Article and of Articles 18, 19 and 20 of the Directive.

3. GIVEN under my Official Seal,

this 7th day of January 1997

RICHARD BRUTON

Minister for Enterprise and Employment



EXPLANATORY NOTE

(This is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations have been made in order to state expressly, for the avoidance of any possible doubt, what was done in the European Communities (Commercial Agents) Regulations 1994 (S.I. No. 33 of 1994) regarding Article 17 of the Council Directive on Commercial Agents. The Regulations confirm that, after termination of an agency agreement, a commercial agent shall be entitled to compensation under Article 17(3) of Council Directive No. 86/653/EEC of 18th December 1986.

Pn No. 3498

Price 40p

Postage 36p









ANALYSYS, CONTRACTS, LEXMERCATORIA

© [Право международной торговли]

Контакты/реквизитыО проектеФорум

Разработка контрактовЭкспертиза контрактов

Типовые контракты

При использовании материалов ресурса
гиперссылка обязательна ¬ наши ссылки


Orphus Опечатка / ошибка перевода?
Ctrl+Enter


Яндекс.Метрика Рейтинг@Mail.ru