(1) With regard to the agency contract of a commercial agent who is contractually not permitted to work for other traders, or for whom this is impossible due to the nature and scope of the activities demanded of them, the Federal Ministry of Justice may prescribe, in agreement with the Federal Ministry of Economic Affairs and Climate Action, after consultation with associations of commercial agents and of traders, by statutory instrument not requiring the approval of the Bundesrat, the minimum level of contractual performance by the trader in order to ensure that the requisite social and economic needs of such commercial agents or of a particular group among such commercial agents are met. The performance so established cannot be precluded or limited by contract.
(2) Subsection (1) also applies to the agency contract of an insurance agent who, by virtue of one or more contracts, is entrusted with procuring business or concluding transactions for several insurers belonging to an insurance group or to an organisational structure between insurers, to the extent that termination of the agency contract with one of these insurers would likely result in termination of the agency contracts with the other insurers. In such case, it can also be determined, by statutory instrument not requiring the approval of the Bundesrat, whether the performance established is owed by all insurers jointly and severally, or pro rata, or by only one of the insurers, and how the duty to adjust advancements is to be shared among them.