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Commercial agent's termination and goodwill indemnity. Is entering a settlement agreement then folly?

27 March 2025

If the commercial agency contract is concluded for an indefinite period, each party has the right to terminate it, taking into account a notice period (art. X.16,§1, paragraph 1 of the Code of Economic Law). That notice period is at least one month for each started year without being allowed to exceed six months. The parties may not agree on shorter notice periods. (art. X.16,§1, paragraph 2 of the Code of Economic Law). The party terminating without giving such notice or a lawful reason must pay a termination indemnity equal to the usual indemnity and corresponding to the duration of the notice period. (art. X.16,§1, paragraph 2 of the Code of Economic Law).

This article is available in Dutch and French.

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