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Book 1 · Commercial entities  ›  Division 7 · Commercial agents › Section 92b

Section 92b

(1) Sections 89 and 89b do not apply to sideline commercial agents. Where the agency contract is entered into for an indefinite period, it may be terminated by giving one month’s notice of termination with effect as per the end of a calendar month; if a different period of notice is agreed upon, it must be the same for both parties. The right to a reasonable advance pursuant to section 87a (1) sentence 2 may be precluded.

(2) Subsection (1) may be invoked only by a trader who has entrusted the commercial agent with the procurement of business or conclusion of transactions expressly as a sideline commercial agent.

(3) Whether a commercial agent is acting only as a sideline commercial agent is determined according to the generally accepted view in the trade.

(4) The provisions of subsections (1) to (3) apply accordingly to insurance agents and to agents of Bausparkassen [building and loan societies].

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