Agency Agreement Russian Law

How about the terms and termination of the agency contract? Under Russian law, an agency agreement between legal entities can only be executed in writing. Agency agreements between individuals can be executed orally and in writing. As an option, parties to an agency agreement can also agree on their notarized certification. c) An agency agreement with a preferential right to sale – is an agreement by which the client is obliged to offer the goods in the first place to the representative, and if the agent refuses to accept the goods, the client has the right to offer it to other commercial agents. Can the above restrictions apply as soon as the agency contract has been terminated? The agency agreement may provide for the representative`s obligation not to enter into similar agency agreements with other contracting entities that must be implemented in an area that coincides in whole or in part with the area covered by the agency agreement. It should be noted, however, that the restriction of competition does not affect customers. The contracting entity cannot restrict the agent when it sells goods or provides services for a specific category of clients or only for buyers domiciled in the territory under the contract. These conditions under the agency contract are not applicable (Article 1007, paragraph 3, bGB). Distribution agreements are not a well-developed concept in Russia. There are no established judicial investigations on most of the conditions that a reasonable non-Russian supplier wants to include in the distribution contract. It is customary for a non-Russian investor to attempt to set (i) the sale price and (ii) to introduce territorial and customer restrictions in a distribution agreement with his Russian partner (who is not part of his group). Russian laws and judicial practices are not favourable to such conditions.

In the absence of a specific agreement on the place of execution, the following standard rules apply: – contracts relating to real estate must be executed at the location of the property; Contracts for the transport of goods or other personal goods with a delivery obligation must be made in lieu of the processing of these goods or personal goods to the first carrier for delivery; Contracts for the transportation of goods or other personal property by a professional must be entered into at the place of manufacture or final destination of these goods or other personal property, if that place was known to another contracting party at the time of the conclusion of the contracts; Contracts for the payment of funds to a creditor must be entered into at the head office of the corporation (or place of residence) of the creditor; All other contracts must be entered into at a debtor`s head office (in the case of a corporation) or at the place of residence (in the case of a person).