By Dr Robert Lewandowski, attorney at law (radca prawny) at Derra, Meyer & Partners in Warsaw
The written form of an agency agreement is general and not legally required under Polish law and is based on the freedom of form principle. However, each party to an agency agreement may request from the other party confirmation of the content of the agreement in the written form at any time of the agent-principle relationship and neither the principal nor the agent can waive the right to request written confirmation of the agent agreement as this provision is compulsory.
From the view of the agent, however, it is important to conclude an agency agreement in the written form from the beginning. There are some clauses usually agreed between both parties to an agency agreement which must be made in the written form under Polish law, otherwise they will be deemed invalid. The written form applies to the so-called “del credere clause” according to which the agent is under some circumstances entitled to receive additional commission. The written form requirements may also apply to an agency agreement if the agent intends to provide his/her services in the form of a so-called “representative agency”. There are many other reasons justifying/demanding the conclusion of an agency agreement in the written form.
For more detailed advice about Polish agency law please contact Dr. Robert Lewandowski at the following email address: r.lewandowski@derra.pl
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