Unofficial translaction
ARTICLE 221-Agents assigned exclusivelyto a geographical area or a group of specific clients
shall be entitled to a commission for any transaction performed during the duration of the
agencycontract.
ARTICLE 222-For any commercial transaction concluded after the termination of the agency
contract, commercial agents shall be entitled to a commission when the operation is mainly due
to their activity in the course of the agencycontract, and was concluded within a reasonable time
period from the termination of the contract.
ARTICLE 223-Unless circumstances make equitable the sharing of the commission between
two or more commercial agents, they shall not be entitled to a commission if it is already
payable to:
-
the agent who preceded him for a commercial transaction concluded before the
beginning of his agencycontract;
-
The agent who succeeded him for a commercial transaction concluded after the
termination of his agency contract.
ARTICLE224-Thecommissionshall be paid as soon as theprincipalperforms the transaction,or
should have executed it by virtue of the agreement with the third party referred to in article 169,
or even as soon as the said third party has performed the transaction.
The commission shall be paid no later than the last day of the month following the quarter in
which it wasearned, unless otherwise agreed by the parties.
ARTICLE 225- The right to a commission may only expire if it is established that the
contractbetweenthethirdparty referredtoin article169aboveandtheprincipalisnotexecuted
according to circumstances attributable to the commercial agent or due to circumstances beyond
the control ofthe principal.
ARTICLE 226-Unless otherwise agreed or otherwise customary, the commercial agent is not
entitled to reimbursement of costs and expenses resulting from the normal exercise of his
activity, but only from those incurred under special instructions of the principal.
Reimbursement of costs and expenses is due, in this case, even if the transaction was not
performed.
ARTICLE 227- The agency contract for a fixed term shall end upon expiry of the term
provided, without any need to complete any formality.
The agency contract entered into for a fixed term, which continues to be executed by the two
parties after its term, shall be deemed transformed into an indefinite term contract.
OHADA / Uniform Act / Unofficial Translations
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