What we are going to talk about today concerns a professional figure that interests many people or we will see what is the path that must be followed to become a commercial agent and to practice this profession. In this guide, however, we talk about all possible cases:
- commercial employee
- agency director
- the mandate
- training courses for an agent, representative, and agent
- sales representative
- requirements to register in the Chamber of Commerce
The first thing to know is the commercial agent proper must first register with the Chamber of Commerce and then with the Enasarco Foundation, an institution that provides for the welfare and assistance of agents and sales representatives. The guaranteed social security benefits are complementary to those provided by the “first pillar” INPS.
Who is the Commercial Agent
Before defining the role of the commercial agent, it should be specified that the activities of the agent and representative are carried out by anyone who is instructed by an undertaking (or by several undertakings) to close contracts in one or more specified areas.
Despite operating in the field of commerce, the commercial agent cannot be classified as a trader, but as an auxiliary of trade; the Commercial Agent acts in the name of and on behalf of other subjects (the so-called “sending houses”), based on an agency contract.
The difference between the commercial agent and commercial employee
Since he carries out the exercise of an independent profession, the commercial agent is different from the commercial employee who is salaried: the commercial agent does not meet the criterion of the bond of subordination concerning his principal but benefits contrary to a wide margin of freedom (freedom of organization of his company, choice of his activities, freedom to act for several mandates at the same time, etc.).
That contract differs from the employment contract precisely because the bond of subordination, which is essential for there to be an employment contract, does not exist.
Not being an employee, the independent commercial agent does not even have the status of a trader, since he does not build his clientele but acts as an agent.
The difference between a commercial agent contract and a concession contract
The commercial agent contract also differs from the concession contract: unlike the commercial agent who concludes contracts in the name and on behalf of a (main) supplier, the concessionaire is an independent trader who buys the goods from a supplier and resells them in his name and his name.
The commercial agent does not acquire at any time, in the economic circuit, the ownership of the goods intended for the end customer, while the dealer buys on his behalf and at his own risk of products intended for resale to its customers.
There are also other differences:
- compensation is due to the commercial agent in the event of a breach of contractual relations, unlike the case of the concessionaire
- the commercial agent contract is not necessarily exclusive. The commercial agent, unlike the concessionaire, does not necessarily benefit from territorial exclusivity, he can also accept the representation of other principals without any authorization. Instead, it must comply with a non-compete obligation
Commercial agent: the mandate
A mandate means the signing of a commercial agent contract that delimits the geographical area, duration, and exact commercial mission negotiates and concludes contracts on behalf of the agent company using its expertise, experience, and network.
The sales activity can concern any type of service in transaction, sale, or lease, and this is within the scope of its choice (except in the context of regulated professions or areas such as banking, insurance, etc.). Most independent commercial agents currently operate in real estate.
Therefore, the commercial agent has the task of negotiating and possibly concluding contracts (of sale, purchase, lease, provision of services, etc.) in the name and on behalf of producers, industrialists, and traders.
Such contracts may also be concluded in the name and on behalf of other commercial agents whose agent ensures representation using a mandate contract.
Their activity as an agent is therefore quite extensive. This activity is not commercial but becomes so when carried out in the form of a commercial company. The commercial agent is therefore not by nature a trader and is therefore not required to register with the REA.
It is the company manager who is the head of himself and there is no relationship of subordination with the company of which he is an agent since the relationship is corporate and not remunerative.
In this regard, it establishes its terms of practice, missions, and programs. He is also responsible as a manager for his actions as a commercial agent as he is, but also as a shareholder-partner who can be through his company.
Its remuneration consists of a commission fixed contractually on the amount of the contracts concluded by the commercial agent. Therefore, the person does not receive any fixed remuneration or compensation, but, on the contrary, variable remuneration.
Commercial agents are entrepreneurs
They are subject to the tax regime of self-employed workers, the commercial agent is legally considered a service provider who exercises his profession as an agent independently without being bound by a contract of employment or recruitment of services, guaranteeing its long duration, fixed-term commercial function for the benefit of his principal (prospecting, negotiation, the conclusion of contracts, etc.).
Practicing as a natural or legal person, he can work for several principals at the same time using a commercial agent contract.
As an independent commercial agent, two types of activity are possible: the exercise in one’s name (natural person) or that through a legal person in the form of an identified company.
Commercial Agent, Sales Representative, and Procurer the differences
The sales representative has the power to conclude the contracts he has promoted, therefore also to sign them in the name and on behalf of the company for which he works.
Both the commercial agent and the representative carry out a commercial promotion activity in the name and on behalf of the company and must be authorized by the Chamber of Commerce through registration with the RAC. The future agent or representative must also have attended qualifying courses and have moral and professional requirements.
Training courses for commercial agents and representatives and brokers
Complete education and a career also as a sales director of large multinationals can be useful degrees among these:
- Insurance and social security economics
- Banking Economics
- Maritime and transport economics
- International trade and currency markets
- Economics of financial institutions and markets
- Economy and Business
- Economic-Banking Sciences
- Banking and Insurance Sciences
- Administration Sciences
- Economics and Business Administration
- Political science
- Economic-Maritime Sciences
- Statistical sciences
- Political Economy
- Communication Sciences
The same degrees are also accepted in the Chamber of Commerce as enabling requirements that we will see shortly. If you missed a few exams at graduation or you are interested in one of these degrees you can find them in our catalog https://www.fiorerosalba.com/categoria-corso/universita/
High school diplomas
For complete training of the future agent and procurer of small and medium-sized companies, a diploma can be the right option:
- Commercial Expert
- Accountant programmer
- Expert section foreign trade
- Business Expert and Foreign Language Correspondent
- Secretary of Administration
- Secretary of Directors
- Food trader
- Tour operator
- Technical business management
The RAC or the role of the agent and sales representative was abolished on 8 May 2010, with the entry into force of Legislative Decree 59/2010 art. 75. In any event, the relevant legislation and the fulfillment of the requisites have remained unchanged.
The aspiring commercial agent must possess the following moral requirements:
- not having reported criminal convictions;
- not be subjected to preventive measures against mafia delinquency.
He must also possess at least one of the following professional requirements that are composed of qualifying qualifications:
- have obtained a 3-year professional qualification with a specific address
- a 5-year secondary school diploma with a commercial address or some with a tourist address
- a degree in legal or business subjects
- have passed the appropriate enabling course for commercial agents and representatives organized and recognized by an Italian Region
To access the qualifying course for Commercial Agent you must have the following requirements:
- age of majority;
- lower secondary school diploma or if you have not obtained the eighth grade have fulfilled the compulsory schooling, or have attended up to 16 years (depends on the date of birth).
Read more at: https://www.postingtree.com/
REA registration in the Chamber of Commerce
The requirements for the profession of Commercial Agent are verified by the Business Register Office, which subsequently registers the data in the Register (if the activity is carried out in the form of a company) or in the R.E.A (Economic and Administrative Repertoire), committing itself to assign the relative qualification after 60 days.
If it has verified the absence of the legislative or administrative requirements and conditions, the Business Register Office will implement the measures of immediate prohibition of continuation of the activity and will eliminate all its possible harmful effects, unless the interested party complies within 30 days with the legislation governing the activity and its effects.
Once you are sure that you have the requisites, you can begin to practice the profession of Commercial Agent after submitting to the competent Chamber of Commerce a certified Report of the beginning of activity with the relative documentation.