(1) The commercial agent is entitled to a commission on all transactions concluded during the period covered by the agency contract which have been concluded as a result of their activities or concluded with third parties whom they have procured as customers for transactions of the same kind. The commercial agent has no right to a commission if, and to the extent that, the commission is payable in accordance with subsection (3) to the previous commercial agent.
(2) Where the commercial agent is entrusted with a specific district or a specific group of customers, the commercial agent also will be entitled to a commission on transactions entered into, without their participation, with persons belonging to their district or to their group of customers during the period covered by the agency contract. This does not apply if, and to the extent that, the commission is payable in accordance with subsection (3) to the previous commercial agent.
(3) For a transaction concluded after the agency contract has terminated, the commercial agent will be entitled to a commission only if
1. the commercial agent procured the business or initiated or prepared the transaction in such a way that conclusion thereof is mainly attributable to their efforts, and the transaction was concluded within a reasonable period after the agency contract terminated, or
2. the third party’s offer to conclude a transaction for which the commercial agent is entitled to a commission under subsection (1) sentence 1 or subsection (2) sentence 1 was received by the commercial agent or the trader before the agency contract terminated.
The subsequent commercial agent will be entitled to a pro rata share of the commission referred to in sentence 1 if, due to special circumstances, it is equitable for the commission to be shared.
(4) In addition to the right to a commission for transactions concluded, the commercial agent is entitled to a collection commission for amounts collected by them as instructed.