Agency and distributorship in Poland

[Warsaw, 06.06.2006] The Polish law regulates agency contracts under which a party accepting the order (the agent) undertakes, within the scope of its business, to provide permanent agency services, against remuneration, in execution of agreements with customers for the benefit of the entrepreneur being the orderor or in execution of such agreements on behalf of such entrepreneur (Article 758 § 1 of the Civil Code).

Concurrently, the Polish law regulates the issues connected with the content of an agency contract, the method of remunerating the agent, the liability of the parties and their mutual settlements. Many provisions of a model agency contract regulated in the Civil Code of 18 May 1964 may be excluded in a specific contract, however, this requires an express regulation since, in absence of such regulation, the provisions of the Civil Code apply automatically.

Therefore, before signing an agency contract with a Polish entity, one should first consult a Polish lawyer.

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