The Commision Contract in Morocco
If the foreign investor wishes to sell their products in Morocco, a valid alternative to the agency and distribution contract could be represented by the so-called Commission Contract, or the contract by which the foreign Client grants the Moroccan Commissioner the power to conclude a sales contract in his own name, but on behalf of the client. From a general point of view, this contract is particularly attractive for the foreign investor, as it will be the commission agent himself who will remain personally committed to those with whom he has entered into the sales contract. In fact, third parties will have no direct action against the client. Furthermore, but only if this is expressly provided for in the commission contract, the Moroccan commission agent will be jointly and severally liable with third parties for any non-fulfillment of the latter against the client - for example, if the third parties have not paid the Client - Therefore it is advisable to include a clause in the commission contract that provides for the responsibility of the Moroccan Commissioner to have the contract properly fulfilled by third parties. At the same time, the Commercial Code provides for some further obligations for the Moroccan Commissioner. Among these, it should be noted that the commission agent will have to fulfill all the formalities expressly requested by the client and will not be able to be substituted in the execution of his work, unless expressly provided for in the contract.
SERVICES OFFERED IN MOROCCO
» ESTABLISHMENT OF COMPANIES, BRANCHES AND REPRESENTATIVE OFFICES
» ACQUISITION OF INDUSTRIAL GROUPS AND DUE DILIGENCE
» DRAFTING OF CONTRACTS IN COMPLIANCE WITH LOCAL LAWS
» INTELLECTUAL PROPERTY PROTECTION AT ALL LEVELS
» OBTAINING LICENSES, AUTHORIZATIONS, PERMITS FROM LOCAL AUTHORITIES
» DUE DILIGENCE ON MOROCCAN COMPANIES AND, IN GENERAL, ON NATURAL AND LEGAL PERSONS
» EXTRA-JUDICIAL ASSISTANCE IN TRADING WITH HIGH PROFILE ARABIAN AND ITALIAN LANGUAGE LEGALS
» CREDIT RECOVERY
» JUDICIAL PROCEEDINGS BEFORE THE MOROCCAN COURTS
» WIDE RANGE OF SERVICES IN THE FIELD OF INTERNATIONAL PRIVATE LAW
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