at his costs and under his responsibility

Definition The stewardship-agency contract is the agreement by which a natural or legal person (the agent) manages a trade or handicraft Fund on behalf of its owner (the principal) on payment of a commission proportional to turnover. Legal regime Since the law for SMEs, August 2, 2005, the stewardship-agency contract is legally governed by specific provisions, whereas, previously, it was only common law of the mandate defined by the civil Code. Under these rules, it is the owner and not the Manager-agent, which bears the risks related to the operation of the Fund (which is a major difference with the lease-management agreement). He fixed the agent mission leave him any latitude, in a framework for determining working conditions, hiring of staff and to appeal, at his costs and under his responsibility, to persons responsible for replacing it in its activity. And it is a framework agreement, concluded between the principal and his agents managers, who must determine the amount of the guaranteed minimum commission managers-agents of the principal. Pre-contractual information Before the signing of the contract, the principal must provide to the Agent Manager all information necessary for the exercise of his mission to allow it to engage in full knowledge. End of the contract the stewardship-agency contract may be terminated at any time under the conditions laid down by the parties. If the termination of the contract on the initiative of the principal, Manager-agent has the right, except serious misconduct on his part, an indemnity at least equal to the amount of accrued commissions (or the guaranteed minimum commission as set out in the framework agreement) for the six months preceding the termination of the contract, or for the duration of the contract if it is less than six months. Illustration for example, the operator of a business forced to stop working after an accident, may resort to the stewardship-agency contract. Because they could not put his rental-Stewardship Fund, it may, under a contract of stewardship-mandate, entrust management to another person, for example an employee waiting to resume its activity. Which will allow to remain owner of the business and to continue to collect revenues from the operation (net of commission paid to the Manager). Formalities 1 inform well the managing A number of information must be communicated to the Agent Manager writing ten days at least before the signing of the contract, including the identity of the principal, his address or head office, its registration number, the nature of its activities, legal and social capital, net annual sales, year of the last two yearsthe affiliation to a network, the General conditions of management of the Fund, the mode of calculation of the commission to the Agent Manager and the duration and conditions of renewal, assignment and termination of the contract. 2 Publish contract Manager-Agent must register in the register of trade and the companies or trades directory. The stewardship-agency contract must be mentioned in the register and be the subject of a publication in a journal of legal announcements.