Unofficial translaction
accountallelements that relate tothe transaction.
ARTICLE 215– The broker shall lose his right to remuneration and reimbursement of
expenses if he acted in the interest of the contracting third party in disregard of his obligations
towards his principal,orhereceivescompensation from the third contracting party, unknownto
the principal.
TITLE IV: COMMERCIAL AGENTS
ARTICLE 216- Commercial agents are professionals who, permanently, are entrusted with
negotiatingandpossibly concluding contractsofsale,purchase, rentalorprovision ofservices on
behalf of and forproducers,manufacturers,merchants, or other agents, without being bound to
them by a contract of employment.
ARTICLE 217-The contract between commercial agents and their principals shall be entered
in the common interest of the parties.
Commercial agents and their principal are bound, one to the other, by a duty of loyalty and
information.
Commercial agents shall perform their duties in a professional manner; the principal has an
obligation to enable their agents to execute their mandate.
ARTICLE 218- Commercial agents may accept, without needing authorization, and unless
otherwise agreed, to represent other principal parties.
They shall notaccepttherepresentation of a businesscompeting with thatofoneoftheir principals
without the latter’s written agreement.
ARTICLE 219-Commercial agents shall not, even after the end of the contract, use or
revealinformation that the principal communicated to them in confidence or that they learned
because of their contract.
When a non-competition undertaking has been agreed between commercial agents and their
principal, the agent shall be entitled to a special allowance at the expiry of the contract.
ARTICLE220-Allforms of remuneration which vary depending onthenumberorthevalue of
transactions shall constitute acommission.
Where the contract is silent, commercial agents shall be entitled to a commission that is
customary in the sector covered by their mandate.
Absent anycustom,a commercial agent shall be entitledtoaremunerationthattakes into accountall
elements that relate to the transaction.
OHADA / Uniform Act / Unofficial Translations
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