ALERT: DISTRIBUTION – COMMERCIAL AGENCY – AGENCY AGREEMENTS

Commercial agency: The French Supreme Court excludes the qualification of commercial agency for a contract entrusting to the intermediary the research and the presentation of potential investors, for lack of bringing customers to the principal and for lack of negotiating power of the intermediary (Stokors / Astrance Capital)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts. A company specializing in the purchase of companies entrusts another company, specialized in the search for investors, with the task of assisting it in the raising of the funds necessary for the presentation of a continuation plan for a target company, under the terms of a "fund contributor contract". The intermediary, invoking the non-payment of certain invoices, sued its principal for termination of the contract and for payment of a termination indemnity pursuant to the status of commercial agents (C. com., art. L. 134-12). The Court of Appeal dismissed the claim on the grounds that the business introducer contract did not fall within the scope of the

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