Cap. 13 Art. 70ADefinition of commercial agent, etc.

In this sub-title:

"commercial agent" means a person not being a person in the employment of the principal, who has continuing authority to negotiate the sale or purchase of goods or services on behalf of another person (the principal), or to negotiate and conclude such transactions on behalf and in the name of that principal, but does not include:

(i) a person who in his capacity as an officer of a company or association is empowered to enter into commitments binding the company or association;

(ii) a partner who is lawfully authorised to enter into commitments binding on his partners;

(iii) a person acting as an insolvency practitioner in Malta or in an equivalent position in any other jurisdiction; "commission" means any part of the remuneration of a commercial agent which varies with the number or value of business transactions;

"Minister" means the Minister responsible for commerce; "regulatory authority" means the Council of the Chamber of Commerce, Enterprise and Industry; "restraint of trade clause" means an agreement or a clause in an agreement restricting the business activities of a commercial agent following the termination of the agency contract.