(1) A commission to buy or sell goods which have a stock-exchange or market price, as well as securities for which a stock-exchange or market price is officially established, may be executed by commission agents such that, unless the principal has instructed otherwise, the commission agents themselves deliver as the seller the goods they are required to buy or take over as buyer the goods they are required to sell.
(2) Where the commission is executed in this manner, the commission agent’s duty to render accounts for the conclusion of the purchase or sale will be limited to furnishing proof that, with respect to the price charged, the stock-exchange or market price existing at the time of the execution of the commission was adhered to. The time of performance is considered to be the time at which the commission agent submitted for transmission to the principal the notice of execution.
(3) Where notice of execution of a commission, which was to be performed during the time the stock exchange or market was open, is submitted for transmission after the close of the stock exchange or market, the price charged may not be less favourable for the principal than the price that prevailed at the close of the stock exchange or market.
(4) If a commission is to be performed at a specific rate (opening rate, mean rate, closing rate), the commission agent is entitled and obliged to charge such rate to the principal irrespective of the time at which the notice of execution was submitted for transmission.
(5) In the case of securities and goods for which the stock-exchange or market price is officially established, commission agents may not, where they execute the commission by way of self-dealing, charge the principal a price less favourable than the officially established price.