Under Articles 393 at 404 of the Commercial Code (“CC”), the entitlements of commercial agents in Morocco are as follows:
During the continuance of the contract
The commercial agent has a right to commission that is defined by the contracting parties. This commission is based on the number or the value of the transactions passed by this agent (Article 398 of the CC).
For all transactions that occur during the continuance of the contract, the agent has a right to receive commission. This is either because the transaction has been concluded as a result of the agent’s intervention, or as a result of the help the agent received from a third party with whom he has previously done business in relation to the same matter (Article 399 of the CC).
Where the contract between a customer and the principal will not take effect the agent will have a right to commission where the non-execution is attributable to the principal (Article 401 of the CC).
After termination of the contract
For all the business transactions that occur after the contract is terminated, the agent is entitled to commission either:
- (i) when the transaction is successfully concluded within a period of one year from the date of termination of the contract and its conclusion is a result of the agent’s performance; or
- (ii) the customer's order was received by the principal or the agent before the contract was terminated (Article 400 of the CC).
In the event of a breach of contract by the principal, the agent is entitled, notwithstanding any clause to the contrary, to compensation as a result of that breach.
Fox Williams would like to thank Mohssine Sekkat for his contribution to this page.