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Federal Act
on the Amendment of the Swiss Civil Code
(Part Five: The Code of Obligations)

Art. 418g

II. Com­mis­sion

1. On busi­ness fa­cil­it­ated and con­cluded

a. Scope and en­ti­tle­ment

 

1 The agent is en­titled to the agreed or cus­tom­ary com­mer­cial agent’s com­mis­sion or sales com­mis­sion on all trans­ac­tions that he fa­cil­it­ated or con­cluded dur­ing the agency re­la­tion­ship and, un­less oth­er­wise agreed in writ­ing, on trans­ac­tions con­cluded dur­ing the agency re­la­tion­ship by the prin­cip­al without the agent’s in­volve­ment but with cli­ents ac­quired by him for trans­ac­tions of that kind.

2 An agent to whom a par­tic­u­lar area or cli­en­tele has been al­loc­ated ex­clus­ively is en­titled to the agreed com­mis­sion or, in the ab­sence of such an agree­ment, the cus­tom­ary com­mis­sion on all trans­ac­tions con­cluded dur­ing the agency re­la­tion­ship with cli­ents be­long­ing to that area or cli­en­tele.

3 Un­less oth­er­wise agreed in writ­ing, the en­ti­tle­ment to the com­mis­sion is es­tab­lished as soon as the trans­ac­tion has been val­idly con­cluded with the cli­ent.