Agency agreements in Argentina
Agency agreements in Argentina have been legislated by the Civil and Commercial Code of the Nation (Código Civil y Comercial de la Nación, or CCCN), effective on 1 August 2015.
The main features of agency agreements in Argentina are the following:
(i) The agent has an organization of its own, acts in its name and on its account, and is independent of the principal. There exists no labor relationship between the principal and the agent;
(ii) The purpose of the agency is to promote the business of the principal. Unless expressly granted, the agent lacks power of attorney to close transactions on behalf of the principal;
(iii) The agent may promote the business for more than one principal, with the only limit of not accepting transactions from the same branch of business or in competition with those of one of its principals;
(iv) Exclusivity is granted in relation to the branch of business, geographical area, or group of people, expressly determined in the contract;
(v) There may be contracts with fixed terms agreed by the parties, or without any term. Unlike other commercialization contracts, the CCCN does not impose any minimum term for agency agreements;
(vi) When it is the case of agency agreements entered into without any term – or those continued after the expiration of its original term -, any party wishing to terminate the agreement must give a duly prior notice of one month per each year the contract has been in force. Lack of proper prior notice entitles the non-terminating party to compensation for lost profits;
(vii) Irrespective of the term of the contract, the principal may terminate the agreement in case of a significant decrease in the agent’s turnover, with the sole obligation of serving the agent with a prior notice as explained in (vi). When the agent has reduced its turnover during two consecutive years, in no case may the prior notice be longer than two months;
(viii) The agent has the right to compensation for clientele as long as its work during the contract has significantly increased the principal´s operations and can continue to produce substantial advantages to the principal after termination. Failing to provide for the clientele compensation, it will be judicially fixed, but may not exceed the amount equivalent to one year of compensation, net of expenses, averaging the value of those received by the agent during the last five years, or during the entire period of duration of the contract, if it is shorter;
(ix) In the absence of parties’ stipulations, the agent´s compensation is a variable commission according to the volume or value of the promoted acts or contracts. The agent´s right to compensation for the transactions promoted is accrued when the collection of their price takes place; and
(x) The parties may agree on the agent not competing after termination of the contract, for a maximum period of one year, in relation to a reasonable territory or group of people, and as long as the agent has been granted exclusivity in the principal’ s business branch.
Mario E. Castro Sammartino
 For distributions agreements in Argentina, see the following post on our Legal Blog: https://cspabogados.com.ar/en/distribution-agreements-in-argentina/.
 On franchising in Argentina, please, review the following posts: https://cspabogados.com.ar/en/franchising-in-argentina/; https://cspabogados.com.ar/en/franchising-in-argentina-clauses/; https://cspabogados.com.ar/en/franchising-disclosure-in-argentina/.
Our publications exclusively express the author´s opinion and do not purport to be legal counsel on any case. Should you need it, you must consult with your trusted lawyer or may contact us at your convenience. If you liked the article, please, share it.
Recent articles in our Legal Blog
Foreign investments in Argentina are protected by Articles No. 14 and 20 of the National Constitution.
Our Labor Guide to Doing Business in Argentina is intended to cover the basics of Argentine labor laws, the hiring process of employees, general salary and working conditions, termination of employment, and many other subjects of interest for those companies planning to do business in Argentina or already established and with a current payroll.
The commercial lease agreement in Argentina on urban real estate is governed by the Civil and Commercial Code of the Nation, as amended and supplemented by the new Lease Law No. 27,551. See what the main provisions are.
The Federal Congress has enacted new corporate income tax rates in Argentina, as of fiscal years beginning on or after 1 January 2021. See what these new rates are.
A new regulation on investment vehicles in Argentina has been issued by the General Inspectorate of Justice (Inspección General de Justicia, or IGJ), by means of the General Resolution No. 8/2021 published on the Official Gazette on May 17th, 2021.