The scope of the law
section 1 of this Act applies mandate to on behalf of another person
but in his own name, sell or purchase goods.
Those who have undertaken the mission called the Commissioner. The for
whose behalf the sale or purchase will be called
kommittent. If the contract falls within the scope of one of the
the Commissioner carried out trade, called
the Commissioner Trade Commissioner. The Commissioner's and
kommittentens agreement is called a contract under which Commission is payable.
Relating to the mission financial instruments, the
not 10, 12, 33, 34 and 39 to 42 sections.
Freedom of contract and law's binding effect
2 § If kommittenten is a consumer and the Commissioner is
Trade Commissioner, are terms in comparison with
the provisions of this Act to the detriment of kommittenten
no effect against it. However, this does not apply to assignments where
kommittenten is a Professional client in accordance with Chapter 8. section 17 of the
Act (2007:528) on the securities market. With consumer
means a natural person who is acting primarily for purposes
outside business activities.
In cases other than those covered by the first subparagraph
contract terms before the provisions of this Act, unless the
otherwise provided by law.
With contract terms on an equal footing, for the purposes of applying the first and
second subparagraphs, practices that have been trained by the parties and
commercial use or any other practice that must be considered binding on the
the parties.
Contract under which Commission is payable by passivity
section 3 of The Trade Commissioner, who receives a request to perform
a mission that falls within the scope of
Commission business from someone who the Commissioner
standing in a business relationship with, shall without delay communicate this
If the Commissioner does not want to accomplish the mission. Otherwise,
should the Commissioner be considered to have undertaken the mission.
The Commissioner's responsibilities
section 4 of The Commissioner correctly when the mission fulfilled the
kommittentens interest. The Commissioner will follow
kommittentens instructions, inform the reasonable
this if such circumstances that may be relevant to the
Mission and promptly leave message to the contracts
concluded with third parties on behalf of kommittentens.
A Trade Commissioner need not disclose with whom agreements have
concluded, but when kommittenten under section 27 has the right to take
over the Commissioner's claims against third parties.
5 § If kommittenten have set a minimum price at
sale or a high price when purchased or given other
instructions for the assignment and the conditions are such that
the instructions can not or should be followed, to the Commissioner
When it seems reasonable to request new instructions.
A Commissioner in the cases referred to in the first subparagraph
can't get new instructions in time to interrupt the execution of the
the mission. There are specific reasons to presume that kommittenten
still would like to see the mission is carried out, to the Commissioner
However, do it in a way that is appropriate.
section 6 of A Commissioner to look after kommittentens property well. A
Trade Commissioner should, if necessary, have an
non-life insurance.
Is kommittentens are not individualized, should
the Commissioner will keep them separate from other articles of the same
kind, unless kommittenten has expressly agreed to the
confused. The same applies if a Trade Commissioner takes
against the kommittentens money.
The Commissioner shall provide accounts of their mission.
section 7 A Trade Commissioner who, in his notice under section 4 of the
If agreements are not indicated with whom an agreement has been concluded
responsible in relation to kommittenten to contract
are fulfilled.
section 8 a Commissioner in its communication in accordance with paragraph 4 of
incorrectly stated that a contract has been concluded is responsible in
compared to kommittenten to the reported agreement
are fulfilled. The same applies to a Commissioner without fog
recognised third parties deferred the performance of a contract.
Kommittentens obligations
9 § kommittent shall in advance provide the property
with which the Commissioner shall carry out an agreement with the third
man.
section 10 Is a Commission mission permanently, a kommittent
which provides that the Mission's scope will be
significantly less than what the Commissioner had reason to
expect immediately inform him.
A Trade Commissioner entitled to Commission
section 11 of The Trade Commissioner during the mission period included
agreement with third parties on behalf of kommittentens has the right to
commissions on contracts.
A Trade Commissioner who has been assigned a specific area
or a specific clientele is entitled to Commission on commercial transactions also
as kommittenten under mission time has entered into with a third
man who belongs to the range or clientele. The same applies to
agreements concluded by another Commissioner that takes its
commissioned by kommittenten.
If the brokerage Commission in size is not specified in the contract, the
it to a reasonable amount.
Comply with a Trade Commissioner after self entry according to § 19
or for any other reason in relation to the
kommittenten an achievement, the Commissioner has the same right
to the Commission that if the achievement had been completed by third
man.
section 12 of A Trade Commissioner who has had a lasting
missions are entitled to Commission even on agreements concluded
After the mission came to an end, if
1. conclusion of the contract in such circumstances as stated in
section 11 and the Commissioner or kommittenten has received
third party offer during contract period, or
2. the agreement has come about mainly through
the Commissioner's participation in the mission period, and has concluded
within a reasonable time after the mission ended.
section 13 A Trade Commissioner is entitled to Commission only in
the extent to which third parties have complied with the agreement. If a third party
non-execution of the agreement depends on kommittenten
or any relationship at his side, affects
the failure, however, not the Commissioner's right to
commissions.
Contractual terms in comparison with the first paragraph is to
the disadvantage of the Commissioner is without effect against him.
The Commissioner's right to compensation for performance of contracts
and other expenses
section 14 If a Commissioner herself has been fulfilling the agreement with
third parties that the Commissioner has entered into for kommittentens
count, the Commissioner has the right to compensation from the
kommittenten for this. The Commissioner completed the agreement
up front without kommittentens consent, the Commissioner
However, the right to compensation only if a third party in the corresponding
Mon has complied with the agreement.
If the Commission is not paid or is not intended to
include reimbursement of expenses, has the Commissioner correctly
to reimbursement of such expenditure has moved the mission
and been reasonable.
The Commissioner's interests
section 15 of the security for a claim on the Commission or other
compensation of kommittenten have a Commissioner mortgages on
kommittentens goods to the Commissioner on the occasion of the
the Mission has purchased or received for the purposes of sale, if
the Commissioner has the goods in his possession, or under the
the corresponding control.
The Trade Commissioner also has a lien for a claim
According to the first paragraph of the goods purchased by the Commissioner
or receive for sale on the occasion of another
Commission mission for kommittenten than the one in which the claim has
raised, if the contract falls within the scope of a
kommittenten economic activity engaged in.
A Commissioner who sold kommittentens products have mortgages on
claims of third parties, unless the Commissioner would have had
lien on the goods if they had been sold. Equivalent terms
in the case of a claim of a third party on the delivery of purchased
goods.
The Commissioner's Lien expires, if kommittenten set
acceptable collateral for the debt.
section 16 of the Commissioner may realize his pledge in accordance with section 15 of the
to cover its secured debt, when it claims that the pledge
constitute security for has expired or when a
other event has occurred which, according to the agreement between the parties
entails the right to realise the pledge.
If the mortgage is valid for goods that are subject to rapid
destruction or deterioration or require too costly
care, they may be realized sooner than the first
paragraph.
The pledge is to be sold at auction. Financial instruments and
currency may also be sold or realized by
the settlement, if it is done on a commercially reasonable manner. A
claims of third parties shall if possible be recovered, if it is
due.
The Commissioner shall, if possible, notify
kommittenten before realization. However, this does not apply in the
cases referred to in the third paragraph, second sentence.
If kommittenten is in bankruptcy, the chapter 8. section 10 of the Bankruptcy Act
(1987:672) instead of this section.
section 17 If a Commissioner is not at the right time have received commissions
or other compensation of kommittenten or if there is
strong reasons to believe that any compensation will not
left, the Commissioner has the right to security for their
claim withholding material and documents belonging to the
kommittenten and that the Commissioner has received for that
carry out the mission. Powers of Attorney and other documents of
utmost importance to kommittenten, however, should not be held
inside.
The Commissioner's right to withhold material and documents
expires, if kommittenten set acceptable security for
claim.
The Commissioner's padding right
section 18 A Commissioner who has purchased goods for kommittentens
Bill and sent them on to kommittenten get to
ensure the option under paragraph 15 prevent
the goods are handed over to kommittenten. The same applies to goods
as the Commissioner has held for sale and sent
back to kommittenten.
The first subparagraph shall also apply if the kommittenten has received
transport document relating to the goods.
Self entry and combination
19 § Performed a Commission mission in competition with several
buyers or sellers, the Commissioner has the right to own
sheet enter as buyers or sellers of goods
(self entry) or to perform two or more kommittenters
missions against each other (combination). In other cases,
self entry or combination occur only if kommittenten
explicitly approved this. Such approval is needed
unless kommittenten is an equal counterpart under 8
Cape. section 19 of the Act (2007:528) on the securities market.
If self entry or combination has been referred to in the first
subparagraph, shall the Commissioner inform kommittenten about this in
its communication in accordance with section 4 of contractual agreements.
If kommittenten is a trader and the mission does not fall
in an area which forms an integral part of the
economic activities, are terms in comparison with
This section is to the detriment of kommittenten no effect
against this. However, this does not apply if kommittenten is a
Professional client pursuant to Chapter 8. 16 or section 17 of the law on
the securities market.
Accounting for price
section 20 of The Commissioner is to kommittenten account the price
agreed with third parties or, in the case of self-entry or
combined, the price that the Commissioner has approved or
particularly.
Has the Commissioner after the Mission of the Commission was
against entered into an agreement that would mean something like execution of
the mission, the reported price must not be less
beneficial to kommittenten than in this agreement. This
does not apply if the Commissioner indicates that the agreement does not
concluded on the occasion of the kommittentens mission.
Refers to the assignment of financial instruments or other goods
switches rapidly in price, the reported price is not to be
less favourably for kommittenten than was the open price
When the Commissioner left his message in accordance with section 4 of
contractual agreements or when it safely
documented that the Mission has been carried out. Of the message or
documentation shall specify on what day and at what
time at which the message was delivered or the documentation
established.
If kommittenten is a trader and the mission does not fall
in an area which forms an integral part of the
economic activities, are terms in comparison with
This section is to the detriment of kommittenten no effect
against this. However, this does not apply if kommittenten is a
Professional client pursuant to Chapter 8. 16 or section 17 of the Act
(2007:528) on the securities market.
In section 44 provides for a kommittent that would require
another award is presented to inform the Commissioner that
within a certain period of time.
section 21 Kommittenten is entitled to receive from the Commissioner
information on the prices that can be relevant for a determination as to
According to section 20, second paragraph.
If kommittenten is a trader and the mission does not fall
in an area which forms an integral part of the
economic activities, are terms in comparison with
This section is to the detriment of kommittenten no effect
against this. However, this does not apply if kommittenten is a
Professional client pursuant to Chapter 8. 16 or section 17 of the Act
(2007:528) on the securities market.
Kommittentens right to reject an agreement
section 22 A kommittent should reject an agreement that the Commissioner
have concluded, if
1. the Commissioner has acted oredligt against kommittenten,
2. the Commissioner has been careless at the conclusion of the
or then and kommittentens interest as a result of this
have neglected essential, or
3. the Commissioner has, pursuant to section 19 of the självinträtt without
kommittenten left the necessary approval.
If kommittenten is a trader and the mission does not fall
in an area which forms an integral part of the
economic activities, are terms in comparison with
the first paragraph is to the detriment of kommittenten no effect
against this. However, this does not apply if kommittenten is a
Professional client pursuant to Chapter 8. 16 or section 17 of the Act
(2007:528) on the securities market.
In section 44 provides for inadmissibility of agreements
communicated to the Commissioner within a certain period of time.
Kommittentens ownership of Commission goods
23 § kommittent remains the owner of the goods supplied
to the Commissioner for sale until
the transfer of ownership takes place to third parties or, in the case of self-entry,
to the Commissioner.
Kommittenten becomes immediately owner of goods
the Commissioner has purchased on behalf of kommittentens.
A claim against the third party because of his agreement with
the Commissioner is reserved for the kommittenten in front of
the Commissioner's creditors.
The right of third parties on the basis of the agreement with the Commissioner
section 24 of the agreement between the Commissioner and the third parties
a third party acquires the right to the Commissioner but not to
kommittenten.
Acquires third to a given product, is the product with the contract
reserved to third parties before the Commissioner's creditors.
section 25 Is a third party acting as consumer bought a
one Commissioner, have third parties entitled to against kommittenten
draw the same claims due to defects in the product that he or she
can claim against the Commissioner, if the Commissioner
and kommittenten, traders and the circumstances in General
are those referred to in paragraph 46 the consumer protection act
(1990:932). What is said in paragraph 46
the Consumer Protection Act does not apply in this case.
A third man who by virtue of section 46 the consumer protection act has the right
to pursue remedies against a Commissioner in previous säljled may
make the same claims against his kommittent, if
kommittenten is professional.
The provisions of paragraph 46 the consumer protection act if
complaints in respect of claims against traders in
previous säljled also applies when a third party wants to direct
claim against someone who is kommittent.
Sale in violation of the agreement of the Commission,
section 26 the Commissioner to a third party sold a product
the Commissioner had for sale on condition that significantly
contrary to kommittentens interest, or the Commissioner
the sale has been oredligt against kommittenten, may
third party nevertheless entitled to the product, even if third parties at
the sale either knew or should have known this.
The same applies if the Commissioner has sold the product
the Commissioner had for kommittentens Bill, despite the fact that
the Commissioner's mandate had ended and the Commissioner
therefore not allowed to sell the product.
If the agreement of the Commission, has been discontinued as a result of
kommittenten bankrupt, to a sale
the Commissioner carried out not because of the first subparagraph, second
sentence have greater activity against the estate than it would have
had on kommittenten self made it. The agreement has been terminated
as a result of the Commissioner in bankruptcy, may
third parties do not invoke the lack of knowledge about the bankruptcy of
further extent than would have been possible if the article had been
the Commissioner.
Kommittentens the right to take over the Commissioner's claims against
third parties
27 § kommittent may take over the claim against third parties on
because of the agreement that the Commissioner has entered into with third parties
for kommittentens count. At the Trade Commission may
kommittenten take over the claim only if the third party is in
delays in their payment or delivery or if
the Commissioner has failed in its accountability,
acted oredligt against kommittenten or been declared bankrupt.
Before kommittenten may take over the claim against third parties should
the Commissioner shall be informed. If the Commissioner so requires, be
kommittenten also first pay or provide security for
such a claim that the Commissioner has a lien under section 15
third paragraph.
If the Commissioner has completed payment of third parties
or delivery to kommittenten, not kommittenten may take
over the claim against third parties.
section 28 A kommittent seeking a claim against a third
to provide security for what a third party may be required
to pay or deliver to the Commissioner pursuant to section 30 of the
the first subparagraph, if the third party request such security.
Security within the meaning of the first subparagraph do not need to be asked, if
kommittenten displays the written consent of
the Commissioner that kommittenten has the right to make
claim the applicable or if the Commissioner has informed the
third parties about this.
section 29 Has a third party paid or delivered to the
the Commissioner for the execution of the agreement with him, despite the fact that
According to § 27 kommittenten had taken over the Commissioner's
claims, the payment or delivery is yet to
kommittenten, if the third party neither knew or had reasonable
reason to suspect that the Commissioner no longer had
make the claim valid.
section 30 of the third party Has paid or delivered to the kommittenten
for the execution of the agreement with the Commissioner, even though
the Commissioner had retained the right to make the claim sought;
terms of payment or delivery yet against the Commissioner,
to the extent that it has not suffered damage of that payment or
the delivery has taken place to kommittenten.
Kommittenten have relied on the written consent of
the Commissioner that kommittenten has the right to make
claim regarding or the Commissioner made an
notice to third parties, and it turns out then
consent or notice was invalid, the third
man's payment or delivery yet against the Commissioner, if
third party neither knew or had reasonable grounds to
suspecting the circumstance which entailed invalidity. The
does not apply if the Act was invalid due to
any circumstance referred to in section 17 of the Act (1936:81) if
debt securities.
The third man's right to set-off
section 31 of the Commissioner for payment of sales
third parties may settle with a counterclaim of
the Commissioner even though third parties when motfordringen was incurred
knew that the Commissioner acted on behalf of others.
Settlement may also be done with a counterclaim of kommittenten in
the extent that the Commissioner does not suffer by such
set-off.
Against claims by kommittenten on payment of a claim on the
purchase price may third to settle with a counterclaim of
kommittenten. Settlement may also be done with a counterclaim of
the Commissioner, if the counterclaim was acquired before third parties
knew or had reasonable grounds to suspect that
the Commissioner no longer had to rely on the claim. If
counterclaim due after that date and
After the date on which the claim against a third party, may
However, the settlement does not take place.
Termination of Commission
32 § If kommittenten withdraws or the Commissioner disclaims
to the mission, the agreement of the Commission, even if
the revocation or resignation are made free of fog.
In section 43 provides for damages.
33 § On a permanent Commission contract has not been concluded for
given time, the Commissioner may cancel or kommittenten
the agreement to expire after the period of notice specified in
second paragraph.
During the first year of the contract period is the period of notice a
month. The notice period will be extended by one month for each
started the year of assignment time until the period of notice
amounts to six months. The parties may however agree to
dismissal by the Commissioner may be made with the three-month
notice period even if the assignment has lasted for three years or
longer.
The parties may, after the date of termination has taken place, the contract of
shorter notice than what is said in the second paragraph.
If the parties agree on longer periods of notice than what is being said
in the second paragraph, the period of notice shall not be less in
termination from kommittentens page than upon termination from
the Commissioner's page.
The notice period shall be calculated from the end of the calendar month in which the
the dismissal took place.
§ 34 a Commission contract concluded for a fixed period expires
at the end of the contract.
If the parties continue the relationship of the Commission after
the end of the contract, the contract is then considered to be a non
fixed-term contracts. In the calculation of the period of notice referred to in
33 section for such an agreement should take into account all the time
as the relationship has lasted.
Contractual terms in comparison with the other piece is to
the expense of any of the parties is ineffective against him.
section 35 the Commissioner or kommittenten may cancel
Commission agreement with immediate effect, if
1. the other party has not fulfilled its obligations under the
agreement or this Act and this is essential
for the second, and the defendant knew or should have known
This, or
2. otherwise, there is an important basis on which to withdraw from the contract
early.
Contractual terms in comparison with the first paragraph is to
the disadvantage of the Commissioner is without effect against him.
In section 45 provides for notice of termination in accordance with
the first paragraph.
section 36 if the Commissioner or kommittenten declares bankruptcy,
the agreement of the Commission ceases to apply.
Despite kommittentens bankruptcy may the Commissioner make the mission
applicable for the period until the end of the day after the then-
the bankruptcy order was announced in post-och Inrikes Tidningar, if
the Commissioner has not previously knew or should have known
to the bankruptcy.
37 § has ceased to Commission agreement, the Commissioner,
until kommittenten can defend their interests,
take such measures as are necessary to protect
kommittenten against loss, unless for production
significant costs and inconvenience to the Commissioner.
The Commissioner is entitled to reasonable compensation for
measures.
38 § When Commission agreement has expired, the property
the Commissioner has received in respect of the mission left
to kommittenten. The Commissioner may, however, exercise its
security interest and padding right under 15-18 sections.
A Trade Commissioner the right to severance pay
section 39 When a permanent Commission agreement has been terminated, has a
Trade Commissioner the right to severance pay, in so far as
1. the Commissioner has added kommittenten new customers or
significantly increased trade with the existing clientele and
kommittenten will have a significant advantage of this, and
2. severance pay is reasonable having regard to the
circumstances, in particular the Commissioner's loss of
Commission on commercial transactions with the customer in 1.
Severance pay shall not exceed an amount
corresponds to an annual Commission, based on an average
over the last five years or the duration of that mission
has lasted.
Contractual terms in comparison with this section is to
the disadvantage of the Commissioner is without effect against him.
section 40 of The Trade Commissioner does not have the right to
the transitional allowance provided for in section 39, if
1. kommittenten has terminated the agreement of the Commission, on the basis of
the Commissioner, either intentionally or by negligence
a serious breach of its obligations to the kommittenten
and disregard gives kommittenten the right to terminate the agreement
with immediate effect in accordance with paragraph 35 (1);
2. the Commissioner, in agreement with the kommittenten has
relinquished Commission mission to someone else.
Contractual terms in comparison with the first paragraph is to
the disadvantage of the Commissioner is without effect against him.
section 41 A Trade Commissioner who has denounced a
contract under which Commission is payable is entitled to severance pay in accordance with section 39,
only if the
1. termination based on a circumstance at kommittentens
page that gives the Commissioner the right to terminate the agreement with
immediate effect under section 35, or
2. because of the Commissioner's age or disease or
similar circumstances not reasonably may be required to
Commission activities be continued.
Contractual terms in comparison with the first paragraph is to
the disadvantage of the Commissioner is without effect against him.
42 § A Trade Commissioner who does not within one year from the
Commission agreement came to an end in a communication to the
kommittenten claims the right to severance pay to lose
their right to such compensation.
Contractual terms in comparison with the first paragraph is to
the disadvantage of the Commissioner is without effect against him.
Damages
43 § kommittent or Commissioner who has not completed
their obligations under the agreement or this Act, the Commission
to replace the other party the damage thereto,
unless he shows that this is not due to negligence on
his side.
Has the agreement of the Commission expired as a result of the
the bankruptcy of one party, the other party has the right to
compensation for the loss relating thereto.
In section 45 provides for requirements on compensation to
communicated to the other party within a certain time.
Notice of price accounting and expulsion
44 § kommittent that would require a different price from the one that
the Commissioner has reported notify the Commissioner accordingly
within a reasonable time and no later than two years after the kommittenten
knew or should have known the facts
because of the requirement.
A kommittent who want to reject an agreement to notify
the Commissioner without delay after the kommittenten
knew or should have known the facts
basis for the rejection.
The first and second subparagraphs shall not apply if the Commissioner is
acted with gross negligence or in breach of faith and honour.
Notice of termination and damages
45 § A Commissioner or kommittent as referred to in section 35 would
terminate the Commission agreement with immediate effect or under
43 § claim damages shall notify the other party within
a reasonable time and no later than two years after he knew or
should have realized the circumstances which are the basis for
termination or requirement. However, this does not apply if the
other party has acted with gross negligence or in breach of the
faith and honor.
The risk of some messages
section 46 Has a message from the Commissioner under 3, 42
or section 45 or a message from kommittenten under 44
or 45 § dispatched appropriately, may
the message invoked although it has been delayed, defaced
or not come forward.
Statute of limitations
section 47 in respect of the period of limitation applicable limitation Ordinance
(1981:130).
Non-competition clauses
48 § an agreement between the Commissioner and kommittenten that
the Commissioner will not operate after the
the agreement of the Commission, has been discontinued (non-compete obligation) is
binding on the Commissioner, only
1. If the non-compete obligation is established in writing, and
2. to the extent that the non-compete obligation relating to the scope or the
clientele that are assigned to the Commissioner and the kind of
goods which the agreement applies.
Notwithstanding the first subparagraph 1, the Commissioner may invoke a
oral agreement on incentives in a non-compete obligation.
The Commissioner is not bound by a non-compete obligation anymore
than two years from the Commission of the agreement has been terminated.
This paragraph shall not prevent the adoption Act (1915:218) concerning agreements and
other legal acts on property law applied
on a non-compete obligation.
Transitional provisions
2009:865
1. This law shall enter into force on 1 October 2009, when the law
(1914:45) of the Commission shall be repealed.
2. in the case of Commission agreements concluded and
for acts that have taken place before the entry into force of the law
apply older provisions.
