– We offer specialised legal services and my most important and fun job is the one as legal advisor for Trade Partners and its members. I’ve worked with Trade Partners for more than 10 years and have advised hundreds of members throughout the years with their everyday legal issues.
Which are your special areas?
– Commercial agency law, distribution law, intellectual property law and commercial contracts. I have extensive experience in advising companies working in the fields of fashion, design, and retail.
What can you help a Trade Partners member with?
– They can contact me about any kind of legal issues that arise in their companies. If their questions are outside of my field of expertise, I will make sure that they get connected with another one of Trade Partners’ legal experts.
What are the three most common questions that these member companies ask you? And what do you answer?
– ’Can I/Should I sign this contract that I’ve received from a new prospective business partner? Or do I have to make any changes to the contract?’
– It is very rare that a prospective business partner has drafted a contract that takes into consideration all interests of both parties. I advise everyone who receives a contract proposal to carefully read it through, look at what the possible risks are and then suggest modifications that align with their own interests. The best contracts are most often the ones that have been thoroughly negotiated. As a member, I can advise you on what clauses in the contract you should be particularly mindful of and how they can be amended.
– ’I’m a commercial agent and my principal has terminated our contract. What are my rights?’
– Upon termination of a commercial agency agreement, the commercial agent is entitled to a sufficient notice period and may also be entitled to indemnity. If Swedish law is applicable, the notice period should be one month for each partial or complete year of the agency agreement period that has elapsed – with a maximum of six months. To qualify for indemnity, the commercial agent must have brought the principal new customers or have significantly increased the sales to existing customers. In addition, the principal must continue to derive substantial benefits from the current customers.
– ’I’m a commercial agent and my principal is not paying the commission that he or she owes me.’
– We must start by trying to understand why the principal is refusing to pay. Is it simply because he or she does not have the means to pay or is not considering that the agent is entitled to any commission? If the principal is not paying due to poor liquidity, it is advisable to try to establish if this is something temporary or if the principal will have continuous or long-term difficulty in making the payments. If it is long-term, the commercial agent may have to consider terminating the agreement. In the case, where the principal refuses to pay for other reasons than poor liquidity, it should be determined based on the parties’ contract, applicable legislation, and the current commission statements if the principal owes the commercial agent commission. If the principal continues to refuse to pay even if the commercial agent is entitled to a commission, the commercial agent may have to initiate legal proceedings.
In legislation, what’s the one thing to consider in 2024?
– When you receive a contract proposal from a new business partner, make sure that you take the time and opportunity to thoroughly negotiate the contract. This will give you a great chance of building a long-lasting and successful partnership. These initial contract negotiations are also a good way of better getting to know your new business partner.
– I always encourage Trade Partners members to reach out as soon as possible when they run into a legal question or difficulty in their companies. When I’m able to give advice early on, it’s often easier to reach the best results.