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What are commercial agents and how have they been affected after Brexit?

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The Commercial Agents Regulations 1993 (‘CAR93’) regulate the relationship between a commercial agent in the UK, and their principal. The CAR93 derives from an EU directive, namely, the EU Commercial Agents Directive. CAR93 defines a commercial agent at Article 2(1) as: “…a self-employed intermediary who has continuing authority to negotiate the sale or purchase of goods on behalf of another person (the “principal”), or to negotiate and conclude the sale or purchase of goods on behalf of and in the name of that principal…”.
For commercial agents in the UK whose agreements are governed by English law, there will not be any significant change in the short term. However, if the UK Parliament decides to modify or repeal the CAR93 in the future, then this could affect how agents whose agreements are governed by English law will be treated.
For further information see Commercial Agency Agreements or contact Christopher Buck, Associate Partner and Solicitor, on 01908 660966 / 01604 828282 or by email at Christopher.Buck@franklins-sols.co.uk.