Agentuurovereenkomst

An agency agreement is a special contract whereby the commercial agent undertakes towards the principal to act as intermediary in the conclusion of contracts. The agent acts in the name and for the account of the principal and receives a commission in return. The provisions are set out in Article 7:428 et seq. of the Dutch Civil Code and include mandatory rules for the protection of the agent.

The agreement is significant because it clearly delineates the rights and obligations of the parties, in particular with regard to duration, termination, non-compete clauses and any goodwill compensation on termination. Without a written record, difficulties of proof may arise concerning the arrangements made and the commission due.

In practice, agency agreements are widely used in trade, distribution and services to serve a market without maintaining local establishments. When drafting or terminating such agreements, lawyers frequently verify whether the statutory minimum protection afforded to the agent has been observed.