Service description
It is not permissible to practice commercial agency business except after being registered in the Commercial Agents Register at the organization in accordance with Law 120 / 1982 Service Description
Place of service
MAROUF branch
Conditions required for registration and re-registration in the Commercial Agents Register
First, the conditions required for the individual establishment to be registered in the Commercial Agents Register
- The owner of the facility and the authorized agent (if existed), both of them must be Egyptian, or they must have naturalized in Egyptian nationality, and at least ten years have passed since their acquisition.
- The activity of conducting commercial agency business must be registered in the commercial register
- The owner of the facility and the authorized agent (if existed), both of them must be fully qualified and reputable and have never been convicted of a felony or a penalty restricting freedom in a crime against honor or trust, or in one of the crimes stipulated in Law 120 / 1982 or the import or export laws cash, customs, taxes, catering, companies or trade, unless he has been rehabilitated
- The owner of the facility and the authorized agent (if existed), both of them must have not been declared bankrupt, unless he has been rehabilitated.
- The owner of the facility and the authorized agent (if existed), both of them must be not employees of the government, local government units, public authorities, public sector companies and units.
- The owner of the facility and the authorized agent (if existed), each of them must not be members of the House of Representatives, the Senate, or the local people’s councils, or be devoted to political work throughout the term of membership or full-time, unless he was originally engaged in this work before his membership or sabbatical.
- The owner of the facility and the authorized agent (if existed), both of them must be not first-degree relatives of one of the political office holders or of one of the categories stipulated in the previous clause.
- The owner of the facility and the authorized agent (if existed), both of them must be not first-degree relatives of one of the employees of the rank of general manager or above, and members of the procurement or sale committees of their level, or members of the procurement, sale or decision-making committees in one of the government agencies or bodies and public sector companies and units
- In the case of re-registration of the agent who was previously expunged by virtue of a judgment issued against him in one of the crimes stipulated in Articles 21-22 of Law 120/1982, five years must have passed since that deletion
Second: the conditions required to register companies in the agents’ register?
- The center of the main agent must be according to the commercial register of the company in Egypt
- One of the purposes of the agent must be to carry out commercial agency business in accordance with the company’s commercial register, its articles of association or its articles of incorporation
- All partners and appointed managers who are not partners must be of Egyptian origin
In the event that any of them acquires the Egyptian nationality by naturalization
At least ten years must have elapsed upon the application for registration since acquiring the Egyptian nationality (public sector companies are exempted from
- All capital must be owned by Egyptians (public sector companies are exempted from this requirement)
- If one of the partners is a legal person
- This legal person must be Egyptian
- Most of the capital of the partner, the legal person, must be owned by genuine Egyptians, or at least ten years have passed since their naturalization with Egyptian nationality (public sector companies are exempted from this condition).
- The company’s capital must not be less than twenty thousand pounds, according to the latest budget submitted by the company to the Tax Authority for the fiscal year preceding the application for registration.
Or according to a certificate of deposit in one of the approved banks in the name of the company in the case of companies that are less than one year old
- All those whose names are registered in the Commercial Register must be without any declaration of bankruptcy or the bankruptcy of the company itself, and each of them is fully qualified and of good reputation and has not been previously convicted of a felony or a penalty restricting freedom in a crime against honor or trust, or in one of the crimes stipulated in Law 120 / 1982 Or the laws of import, export, money, customs, taxes, catering, companies, or trade, unless he has been rehabilitated (public sector companies are exempted from this condition)
- All those whose names are registered in the Commercial Register, none of them must be employees of the government, local government units, public authorities, public sector companies and units. Public sector of this requirement).
- All those whose names are registered in the Commercial Register, none of them must be members of the House of Representatives, the Senate, the local people’s councils, or be devoted to political work throughout the term of membership or full-time, unless he was originally engaged in this work before his membership or sacked (public sector companies are exempted from this condition).
- All those whose names are registered in the commercial register must be, none of them are first-degree relatives of one of the political office holders or one of the categories stipulated in the previous clause (public sector companies are exempted from this condition).
- 10- All those whose names are registered in the Commercial Register, none of them must be first-degree relatives of one of the employees of the rank of general manager or above, and those of their level who are members of the procurement or sale committees or decision-making in one of the government agencies or bodies and public sector companies and units (public sector companies are exempted So )
- In the case of re-registration of the agent who was previously expunged by virtue of a judgment issued against him in one of the crimes stipulated in Articles (21-22 of Law 120/1982), five years must have passed since that delisting.
Third, the conditions to be fulfilled in the agency contract
- The Commercial Agency Agreement must include the following:
- The nature of the commercial agent’s work and his appointment as a commercial agent by the principal
- Liability of the parties to the contract
- The prescribed commission rates, the conditions for charging it, and the type of currency in which it is paid
- Specifically, geographical area
- Commodity scope, which is a determination of the products or services subject of the commercial agency contract
- The principal’s ownership of the products or trademarks bearing the products or services subject of the commercial agency contract In the event that a third party owns these products or trademarks
- The contract must include the approval of a third party for the principal's use of the trademark and giving the principal the right to appoint a third party
- If the contract was issued by a foreign company or entity the contract must include the commitment of the foreign company or entity to provide the competent Egyptian consulate with each agreement that includes an amendment to any statement of the contract data.
- If the contract was issued by a foreign company or entity a foreign client must not have a commercial agent from a public sector company unless this power of attorney has expired
- If the contract was issued locally by a client (sole proprietorship or company of persons or funds) The contract must be notarized by the real estate registry If the contract was issued locally by a client (public sector company) The contract must be stamped with the live seal of the emblem of the Republic, If the contract was issued by a foreign company or entity
- In the event of re-registration of an agency contract that was previously canceled by virtue of a decision or judgment for committing the violations stipulated in Law 120/1982 and Regulation 342 / 1982, the penalty period must have elapsed and a decision was issued to lift the ban
Fourth, the conditions to be met by a representative of the commercial agent
- He must be Egyptian
- He is entrusted under an official power of attorney documented by the real estate registry
- If the person acting on behalf of the commercial agent is among the employees of the government, public bodies, public institutions, or local government units ,His employer must agree to represent the commercial agent before the authority
Documents required for registration or re-registration in the Commercial Agents Register:
First, the documents required for registering a sole proprietorship in the Agents Register
- Complete the application for registration of commercial agents, signed by the person concerned, in front of the competent employee or agent
- If the applicant for registration is an agent on behalf of the person concerned, the following documents shall be collected from him:
- A copy of a notarized power of attorney from the real estate registry (even a second agent is accepted only)
- A copy of the agent's national ID card
- Complete the declaration of validity of the power of attorney (original)
- If he is a government employee, public authority, public institution, or local government unit, he shall submit ,A letter from his employer stating that this entity has no objection to the employee performing proxy work for others and that he has taken an unpaid leave
- Documents required to be completed by the owner of the facility and the authorized agent (if existed)
- A copy of the national ID card or passport and the original for viewing
- An official extract of the birth certificate or a copy of the military transaction
- If the owner of the facility or the authorized agent is of foreign origin An official extract of the birth certificate or the card for obtaining Egyptian nationality shall be submitted, indicating that more than ten years have passed since the acquisition of the Egyptian nationality.
- The form of acknowledgment of the individual entry in the commercial agents register signed by the person concerned and the authorized agent in front of the competent employee, or the authenticity of the signature from the bank
- If the power of attorney is issued by a foreign company
Public sector acknowledgment form that the agency contract is not registered for one of the public sector companies until its public date signed by the concerned person and the authorized agent in front of the competent employee, or the authenticity of the signature from the bank
- If the concerned person or authorized agent is a former government employee, public authority, public institution, local government unit, public sector company, or public business sector
The decision to accept the resignation or end the service, provided that two years have passed since he left work
- An official certified copy of the commercial agency contract that fulfills the conditions for registering agency contracts (As previously mentioned in the clause “Thirdly, the conditions required to be met in the commercial agency contract”)
- If the contract was issued by a foreign company or entity and in the foreign language only, it shall be submitted: The original translation of the agency contract according to the established rules regarding translation
- If the trademarks or products are owned by the principal and this is not expressly provided for in the agency contract, one of the following documents shall be submitted (With its authentication from the competent authority in the country of the client or from the competent Chamber of Commerce and attested by the Egyptian Consulate abroad) An appendix to the contract stating that the trademarks are owned by the principal Or a trademark registration certificate from the competent department in the country of the client
- If the trademarks or products are owned by a third party that provides
- A relationship letter between the client and the third party, authenticated by the competent authority in the third party’s country or by the competent chamber of commerce and certified by the Egyptian Consulate abroad, provided that the letter includes:
- Third party trademark ownership
- The third party’s consent to the principal’s use of the trademark and giving him the right to delegate a third party
- If the letter of the relationship between the principal and the third party does not state that the third party owns the trademark, it shall be submitted with the letter
- A certified trademark registration certificate from the competent department in the third party country
- An official extract from the valid commercial register, provided that the agency’s business is included in the original activity or works in accordance with the provisions of Law 120/1982
- A copy of the tax card with its data completed and identical to the data of the commercial register and the original for review
- A copy of the last tax return bearing a live stamp for the emblem of the Republic from the Tax Authority, with a review of the original
- Certificate of experience in the field of commercial agencies from the competent Chamber of Commerce and approved by the General Federation of Chambers of Commerce upon first registration only
Second, the documents required to register companies in the agents’ register
- Complete the registration application signed by the person who has the right to administer and sign in front of the competent employee or the representative
- If the applicant for registration is an agent of the company, the following documents shall be collected from him:
- A copy of a notarized power of attorney from the real estate registry (only a second agent is accepted)
- A copy of the agent's national ID card
- Complete the declaration of validity of the power of attorney (original)
- If he is a government employee, public authority, public institution, or local government unit, he shall submit
A letter from his employer stating that this entity has no objection to the employee performing proxy work for others and that he has taken an unpaid leave
- An official extract from the valid commercial register, provided that the agency's business is included in the original activity or works in accordance with the provisions of Law 120/1982 - the capital is not less than 20,000 EGP
- For companies
A copy of the company’s articles of incorporation and the amendments made to it, registered and notarized on it
For money companies
A copy of the companies newspaper in which the company’s contract and articles of association are published
For public sector companies
A copy of the establishment decision bearing a live seal of the emblem of the Republic, with exemption from documentation in the real estate registry, provided that these documents are identical to the data of the commercial register and the original for perusal
- A copy of the tax card with its data completed and identical to the data of the commercial register and the original for review
- If the company has been in existence for a year or more
A copy of the last tax return bearing a live stamp for the emblem of the Republic from the Tax Authority, with a review of the original
If the company is less than a year old
An original certificate stating that the capital has been deposited in one of the approved banks in the name of the company as a deposit or in the current account (public sector companies are exempted from this
- Declaration of registration of companies signed by all those whose names are listed in the commercial register in front of the competent employee, or with a valid signature from the bank (public sector companies are exempted from this)
- If the power of attorney is issued by a foreign company ,Public sector acknowledgment signed by those who have the right to administer and sign in front of the competent employee, or endorsement of the authenticity of the signature from the bank
- If one of whose names are registered in the commercial register is a former employee of the government, public bodies, public institutions, local government units, public sector companies or the public business sector The decision to accept the resignation or to terminate the service, provided that it has passed since he left work
- Documents required from all those registered in the commercial register, limited partners in limited partnerships, and owners of shares in the same liability.
- A copy of the national ID card or passport and the original for viewing
- An official extract of the birth certificate or a copy of the military transaction
Or a card for obtaining Egyptian nationality, indicating that more than ten years has passed since the acquisition of nationality. (If he is of foreign origin)
- An official certified copy of the commercial agency contract that fulfills the conditions for registering agency contracts(As previously mentioned in the clause “Thirdly, the conditions required to be met in the commercial agency contract”)
- If the contract was issued by a foreign company or entity and in the foreign language only, it shall be submitted The original translation of the agency contract according to the established rules regarding translation
- If the trademarks or products are owned by the principal and this is not expressly provided for in the agency contract, one of the following documents shall be submitted
(With its authentication from the competent authority in the country of the client or from the competent Chamber of Commerce and attested by the Egyptian Consulate abroad)
An appendix to the contract stating that the trademarks are owned by the principal
Or a trademark registration certificate from the competent department in the country of the client
- if the trademarks or products are owned by a third party that provides
- A relationship letter between the client and the third party, authenticated by the competent authority in the third party’s country or by the competent chamber of commerce and certified by the Egyptian Consulate abroad, provided that the letter includes:
- Third party trademark ownership
- The third party’s consent to the principal’s use of the trademark and giving him the right to delegate a third party
- If the letter of the relationship between the principal and the third party does not provide for the third party’s ownership of the trademark, it shall be submitted with the letter
- A certified trademark registration certificate from the competent department in the third party country
- Certificate of experience in the field of commercial agencies from the competent Chamber of Commerce and approved by the General Federation of Chambers of Commerce upon first registration only
- In the case of an Egyptian legal partner.
- The memorandum of association or companies’ newspaper for the Egyptian legal partner and the last amendment contract or company minutes with the amendments (provided that at least 51% of the partner’s capital, the legal person, is owned by Egyptians, or at least 10 years have passed since their naturalization with Egyptian citizenship)
- An official extract of the birth certificate of the Egyptians whose names are confirmed in the articles of incorporation or the companies newspaper of the Egyptian legal partner (public sector companies are exempted from this)
Registration Validity
Registration is valid for five years
Procedures for obtaining the service
- Book an appointment through the authority's website
Please see the instructions for use when booking the appointment
- Submitting the required documents in accordance with the provisions of Law No. 120 /1982 Examination of documents
- Determining the value of the prescribed fees through the application receiving window
- Pay the fees to the authority’s treasury with a visa
- Financial and technical audit
- Enter card data
- The person concerned or his agent shall review the card before wrapping it and receiving it
Important Notes:
- A commercial agent is a person who habitually submits bids or concludes purchases, sales, leasing or providing services in the name and for the account of producers, traders or distributors or on his behalf and for the account of one of these, provided that it is not related to a work contract or a service rental contract
- Registered in the agents’ register: - Commercial agent, and not distributors, representatives or traders.
- For the purposes of being registered in the Commercial Agents Register and obtaining (14):-
Entering tenders - Establishing a maintenance service center in industrial development - Issuing registration licenses and import approvals from pharmacists - Importing some commodities that are imported under special conditions in accordance with Regulation 770/2005
- Application forms and declarations can only be obtained from the organization’s website
- To find out the steps for booking an appointment through the organization’s website, please enter the following link
- The validity of the declarations is 3 months, and until a second power of attorney is accepted only - the authorization is not accepted
- The required stamp and the resource development stamp shall be taken into account on the agency contracts, their amendments, their translation, any appendix to the contract, the trademark registration certificate, a letter of relationship between the principal and the third party and the power of attorney
- The agent may not sign the personal declarations that must be submitted by all those whose names are listed in the commercial registry.
- If the person concerned (the agent) or whoever has the right to manage and sign outside the country and delegate his legal representative to submit an application for obtaining the service at the authority, the power of attorney issued by a foreign authority must be certified by the Egyptian embassy or consulate abroad and deposited in the real estate registry in Egypt
- The presence of a valid agency contract affixed to the commercial agents registry card is one of the conditions for continued registration in the commercial agents registry
- In the event that there is only one valid agency contract affixed to the commercial agents registry card whose validity period is less than 5 years, the validity of the registration in the commercial agents registry is linked to the expiry date of that contract until other agency contracts are added
- If the commodity and geographical scope is specified in the agency contract, that scope is specified in the commercial agents registry card (14)
- If the agency contracts issued by a country in which we do not have diplomatic representation, the following shall be done:
- Contracts are documented by the Chamber of Commerce in that country
- It is accredited in the nearest Arab consulate that has a diplomatic representation in that country
- It is certified by the embassy of that Arab country in Egypt
- The stamp of the embassy is ratified by the Egyptian Foreign Ministry
- In this case, the contract must include the foreign principal's obligation to notify the General organization for Export and Import Control of any modification or change that occurs to the contract.
- Translation of agency contracts:
- If the contract submitted for registration is issued in two languages, one of which is Arabic, with the same authentication and approval, it is sufficient
By submitting a copy of that contract after reviewing the original without the need to translate it locally
- If the contract is issued in English only or in more than one foreign language, including English, it shall be translated by any approved center that provides the original translation
- If the contract was issued in a foreign language - other than English - it is translated by a government agency (such as the Ministry of Justice - College of Al-Alsun - a university ... etc.) The original translation is submitted
- If the applicant is a former employee of the government, public bodies, public institutions, local government units, public sector companies, or the public business sector, and his work has ended by reaching the age of retirement, he can be registered in the agents’ register without waiting two years
- If the person acting on behalf of the facility or company in submitting the application is from government employees, public authorities, public institutions or local government units, the agents’ registry card shall not be delivered until after notifying his employer
- Certificate of experience in the field of commercial agencies
- Issued by the Chamber of Commerce to which it belongs, provided that it is approved by the General Federation of Chambers of Commerce.
- Its validity is according to the permit of its Chamber of Commerce.
- Issued according to the activity in the commercial register and tax card with the submission of the agency contract
- The number of contracts registered in the agents record card is indicated (14)
- Agency data and products certification includes
- Agent's data - his name - registration number in 14 - registration validity date - tax registration number
- Principal data Registration code (authentication number at the embassy or consulate) - registration authority - client's name and nationality - contract certification number - contract start and end - contract validity (specified - automatic renewal - extended) - products subject of the contract
- The agent may notify the Authority of every amendment in the data of the power of attorney or commercial agencies entrusted to him within 30 days from the date of documenting the amendment contract.
If the authority is not notified within 30 days, the following measures shall be taken in accordance with Article 21 of Law 1982/120.
- Forfeits the right of the establishment to insurance
- The Authority shall notify the establishment of the forfeiture of its right to insurance by registered letter with acknowledgment of receipt at its last address of which the Authority was notified
- The facility shall pay double insurance within thirty days from the date of being notified of the forfeiture of its right to insurance
- In the event of a repetition of the violation, the registration shall be canceled by a decision of the Minister of Economy and the right to recover the double insurance shall be forfeited, and he shall have the right to recover the double insurance if he does not repeat the violation.
- If the client notifies the authority of the termination of an agency contract registered with the authority by a letter notarized by the embassy and attested by the consulate, the following procedures shall be taken:
- The authority notifies the agent of the termination of the agency contract twice by registered letter with acknowledgment of receipt
- If the agent does not submit a request to cancel the agency contract after being notified twice, procedures for canceling the agency will be initiated by a ministerial decision
- If the agent submits a lawsuit or arbitration request to claim compensation within the 60 days from the date of the client’s termination of the agency contract, re-registration of the agency is prohibited until the lawsuit is decided or the compensation is settled after the board chairman approves the legal affairs memorandum
- After the expiry of 60 days from the termination of the agency contract without the agent submitting a claim or an arbitration request for the claim, the agency can be re-registered to any new agent
- A new agent shall not be registered if the submitted agency contract was previously written off due to the agency’s expiry without renewal, or at the request of the principal or the first agent before the expiry of its term, except in one of the two cases:
- The new agent must submit proof of settlement of the compensation due, whether to the principal or the first agent arising from the agency contract
- Or 60 days have passed since canceling the agency contract without notifying the commission’s first agent with a copy of the lawsuit or the arbitration request
- The registration is renewed every five years from the date of registration or from the date of the last renewal. In the event that the renewal application is submitted within the ninety days preceding the expiry of the validity period, the normal renewal fee shall be paid, and the fees shall be doubled during the ninety days following the expiry of the validity period, after which the registration shall be administratively written off.
- After obtaining the card, register the agents, the card of those dealing with customs must be extracted from the computer of the customs, the car customs at Cairo Airport
- We ask you to be careful to avoid falling into the violations mentioned in Law 120/1982 and its Regulations 342/1982, which you decided to abide by with the person's statements.
Publish Date 22/10/2019 12:57 PM
Last Update 26/06/2023 10:14 AM