The commercial agent is an authorized representative for selling and promoting products or services of principals in a defined geographical area. As an outsourced sales force, commercial agent helps increase the deployment and visibility of companies, manufacturers and suppliers, to their customers.
Is not commercial agent who wants! The profession is carried out in a strict framework. Because of its obligations, commitments and specificities, it should not be confused with other business sales, trade and distribution.
The commercial agent legal statute is regulated and strictly defined by article L.134-1 of the Commercial Code:
Commercial agents are agents who, as independent professionals not linked by contracts for services, are permanently entrusted with negotiating and possibly concluding sale, purchase, rental or service provision contracts for and on behalf of producers, manufacturers, traders or other commercial agents. Commercial agents may be natural or legal persons. Agents whose representation tasks are carried out in the context of economic activities which are covered, with regard to these tasks, by specific legislative provisions shall not come under the provisions of this chapter.”
The obligations and relations between commercial agents and principals are governed by articles L.134-1 and following as well as articles R134-1 and following of the Commercial Code.
The commercial agent is an independent service provider. He is not a broker, nor a distributor. Unlike a VRP (Voyageur Représentant Placier) or a sales representative, he is not an employee of a company and operates independently. His remuneration is based on a commission rate pro rata to turnover generated, and not a salary. The contract that binds him with principal (company, supplier, manufacturer) is not a contract for the hiring of services, but a mandate contract of common interest.
To go further, discover a commercial agent contract template.
The commercial agent can practice under different statutes: company, sole proprietorship or as self-employed person, on behalf of several companies (multi-cards). He is free to practice his activity alone, or to set up a commercial agency and to recruit collaborators or associates.
textiles, agro-food, gardening-DIY, real estate, goods, construction, medical etc., the independent commercial agent can practice in many fields of activity and in a geographical sector which is exclusively dedicated to him. He is developing his network and portfolio of brands through his various mandates.
There are certain stage and administrative formalities to follow when you want to become a commercial agent, such as:
From one business sector to another, operating conditions and contractual obligations vary. Specializing in rights and obligations of commercial agent profession, the APAC team supports and advises you from the start of your activity.
From creation of your activity to legal verification of your contracts and commissions, we simplify administrative and legal procedures. We support you to allow you to devote yourself 100% to development of your business.
As a reminder: no specific diploma is required to work as a commercial agent.
As a principal, recruiting a commercial agency or an independent agent has many advantages:
Principals, consider the commercial agents to be a true associated sales force!