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Simple Agency Agreement for the Netherlands

Simple Agency Agreement Template for Netherlands

This Simple Agency Agreement is a legal document governed by Dutch law that establishes a commercial agency relationship between a principal and an agent. The agreement complies with the Dutch Civil Code (Burgerlijk Wetboek), particularly Book 7's provisions on agency relationships, and incorporates requirements from EU Directive 86/653/EEC on commercial agents. It outlines the agent's authority to represent the principal, defines the scope of activities, territories, and products/services covered, and establishes commission structures and payment terms. The document includes essential provisions for compliance with Dutch legal requirements while maintaining flexibility for commercial arrangements.

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What is a Simple Agency Agreement?

The Simple Agency Agreement is a fundamental commercial contract used when a business (principal) wishes to appoint another party (agent) to act on its behalf in the Netherlands or other specified territories. This agreement type is essential for companies expanding their market presence through commercial agents rather than direct employees. The document, governed by Dutch law, complies with both the Dutch Civil Code and relevant EU regulations, particularly concerning commercial agency relationships. It typically includes provisions for the agent's authority, territory rights, commission structures, reporting obligations, and termination terms. The Simple Agency Agreement is particularly valuable for businesses entering new markets or expanding their sales channels without establishing a direct presence, while ensuring compliance with Dutch legal requirements for agency relationships.

What sections should be included in a Simple Agency Agreement?

1. Parties: Identification of the Principal and Agent with full legal names and registered addresses

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope: Formal appointment of the agent and definition of the territory and products/services covered

5. Agent's Authority: Specific powers granted to the agent and any limitations on authority

6. Agent's Duties and Obligations: Core responsibilities of the agent including reporting, compliance with laws, and standard of performance

7. Principal's Duties and Obligations: Core responsibilities of the principal including information provision and support

8. Commission and Payment: Commission structure, calculation method, and payment terms

9. Term and Termination: Duration of the agreement and circumstances for termination

10. Confidentiality: Protection of confidential information exchanged during the agency relationship

11. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction for disputes

12. Entire Agreement: Standard boilerplate confirming this document represents the complete agreement

13. Signatures: Execution blocks for both parties

What sections are optional to include in a Simple Agency Agreement?

1. Non-Compete Clause: Restrictions on agent's activities during and after the agreement - optional but common in commercial agency agreements

2. Intellectual Property Rights: Provisions regarding use of trademarks and other IP - relevant when agent will be using principal's branded materials

3. Insurance: Requirements for professional liability insurance - important for high-value transactions or regulated sectors

4. Data Protection: GDPR compliance provisions - necessary if personal data processing is involved

5. Force Majeure: Provisions for unforeseen circumstances - particularly relevant in international agreements

6. Assignment and Subcontracting: Rights to transfer the agreement or use subagents - relevant for larger agency operations

7. Indemnification: Mutual or one-way indemnities - important in high-risk sectors

8. Training and Support: Details of principal's support obligations - relevant for complex products or services

What schedules should be included in a Simple Agency Agreement?

1. Schedule 1 - Products/Services: Detailed list of products or services covered by the agency agreement

2. Schedule 2 - Territory: Detailed description or map of the geographic territory covered

3. Schedule 3 - Commission Structure: Detailed commission calculations, rates, and examples

4. Schedule 4 - Reporting Requirements: Templates and timing for regular reports required from the agent

5. Schedule 5 - Principal's Materials: List of materials, tools, or resources provided by the principal

6. Appendix A - Standard Operating Procedures: Detailed procedures for order processing, customer handling, etc.

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Netherlands

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions






























Clauses






























Relevant Industries

Retail

Manufacturing

Technology

Professional Services

Real Estate

Financial Services

Consumer Goods

Industrial Products

Software and IT

Healthcare

Telecommunications

Fashion and Apparel

Relevant Teams

Legal

Sales

Business Development

Commercial Operations

Contract Management

Executive Leadership

Partner Relations

Channel Management

Relevant Roles

Commercial Director

Sales Director

Business Development Manager

Legal Counsel

Contracts Manager

Chief Commercial Officer

Sales Operations Manager

General Counsel

Managing Director

CEO

Commercial Agent

Sales Representative

Channel Manager

Partner Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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