Service purpose
- It is not permissible to practice commercial agency business except after being registered at the General organization for export and import control (GOEIC) in accordance with Law 120 of 1982.
- The Tax Authority has issued a circular No. 2 of 2020 regarding obligating the financiers of advertising and advertising agents to submit evidence of their registration in the commercial agent's registry at GOEIC.
- Before obtaining or renewing the commercial register, a letter must be obtained from the commercial agents register at the authority stating that the facility has been temporarily registered in the advertising and advertising agents register until the issuance of the commercial register.
Place of service
- Authority branches in Maarouf - Sixth of October - Tenth of Ramadan - Alexandria - Port Said - Damietta - Suez - Sharkia - Menoufia - Ismailia – Al Arish - Investors Services Complex in the Investment Authority
- Chambers of Commerce (Alexandria - Kafr El Sheikh - Tanta - Damanhour - Sohag - Arish)
Conditions required be registering and re-enrolling in the Advertising Agents Register
First, the conditions required for individual establishments to be registered in the Advertising Agents Register:
- The owner of the facility and the authorized agent (if existed)
- must be of Egyptian nationality, or acquired the Egyptian nationality, and at least ten years have passed since its acquisition.
- Fully qualified and of good reputation and has never been convicted of a felony or freedom-restricting penalty in a crime against honor or trust, or in any of the crimes stipulated in Law 120 /1982 or the laws of import, export, cash, customs, taxes, catering, or companies or trade, unless he has been rehabilitated
- He has not been declared bankrupt, unless he has been rehabilitated
- He is not a government employee, local government units, public bodies, public sector companies and units, and if he was a former employee in these bodies, has at least two years passed since the date of his leaving the service by resignation or for a disciplinary reason
- He is not a member of the House of Representatives, the Senate, or the local people’s councils, or a full-time member of political work throughout the term of membership or full-time, unless he was originally engaged in this work before his membership or full-time
- He is not a first-degree relative of one of the political office holders or of one of the categories stipulated in the previous clause
- He is not a first-degree relative of one of the employees of the rank of general manager or above, and who is at their level who is a member of the procurement or sale committees or the decision-making committee in one of the government agencies or bodies and public sector companies and units
- In the case of re-registration of the agent, he was previously struck off by virtue of a judgment issued against him in one of the crimes stipulated in Articles 21-22 of Law 120/1982.
It must have been five years since that write-off
Second, the conditions required for companies to be registered in the Advertising Agents Register
- The main agent's center must be in Egypt according to the company's commercial register
- One of the purposes of the agent is to carry out the work of an advertising agency 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 originally Egyptians, and in the event that any of them acquired Egyptian nationality by acquisition, at least ten years have passed when applying for registration since acquiring Egyptian nationality (public sector companies are exempted from this condition).
- All capital must be owned by Egyptians.
(Public sector companies are exempted from this requirement)
- If one of the partners is a legal person
- It must be an Egyptian legal person
- Most of the agent's capital is owned by original Egyptians, or at least ten years have passed since they acquired the Egyptian nationality.
(Public sector companies are exempted from this requirement)
- The agent's capital must not be less than twenty thousand Egyptian pounds.
- According to the last budget submitted by the company to the tax authority for the previous fiscal year, to request 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 have not been over one year old.
- All registered names must be in the Commercial Register
- None of them has been declared bankrupt or the company itself has been declared bankrupt, and each of them is fully qualified and reputable and is not included in the lists of terrorism and has never been convicted of a felony or a freedom-restricting penalty in a crime against honor or trust, or in one of the crimes stipulated in Law 120 /1982 or laws import, export, cash, customs, tax, catering, corporate or trade, unless he has been rehabilitated.
- None of them are employees of the government, local government units, public bodies, public sector companies and units? And if they were former employees of these bodies, has at least two years passed since the date of leaving the service by resignation or for a disciplinary reason?
- None of them is a member of the House of Representatives, the Senate, or the local popular councils, or is fully devoted to political work throughout the term of membership or full-time, unless he was originally engaged in this work before his membership or full-time.
- None of them are first-degree relatives of one of the political office holders or of one of the categories stipulated in the previous clause.
- None of them are first-degree relatives of one of the employees of the rank of general manager or above, and those of their level are members of the procurement or sale committees or decisions in one of the government agencies or bodies and public sector companies and units.
- In the case of re-registration of the company in the Register of Commercial Agents that was previously written off by virtue of a judgment or decision issued against it in one of the crimes stipulated in Articles 21-22 of Law 120/1982, five years must have passed since that cancellation
Third, the conditions required in commercial agency contracts
- 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
- The 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 true seal of the emblem of the Arab Republic of Egypt
If the contract was issued by a foreign company or entity, the contract must be attested by the competent chamber of commerce or the official authority acting on its behalf in the country of the foreign client and certified by the Egyptian consulate or embassy in the country of the foreign client.
- In the event of re-registration of a previous agency contract pursuant to a decision or judgment for committing violations set forth 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 required for a representative of the agent
- He must be Egyptian.
- It must be entrusted under an official power of attorney notarized by the real estate registry.
- If the person acting on behalf of the agent is among the employees of the government, public bodies, public institutions, or local government units.
His employer must agree to represent the applicant before the authority
Documents required for registration or re-registration in the Commercial Agents register.
First: the required documents from the individual facilities.
Documents required from a sole proprietorship before obtaining the commercial register.
- Complete an application for registration in the Commercial Agents Register signed by the person concerned or the authorized agent before the competent employee or legal agent.
- A copy of the national ID card or passport of the applicant and the original for viewing.
- A copy of the tax card with its data completed and identical to the commercial registration data and the original for perusal or a data document from the tax office to which the taxpayer belongs (if the activity of the establishment is not mentioned in the tax card)
- Complete an undertaking form to bring documents before receiving.
If the applicant for registration is an agent of the owner of the facility, the following documents shall be collected from him:
- A copy of a notarized power of attorney from the real estate registry with a review of the original (even a second agent is accepted only).
- 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 submits a letter from his employer that there is no objection to that authority for the employee to perform proxy work for others and that he is on leave without pay.
Documents required to be completed by the facility owner and authorized agent (if existed).
- A copy of the national ID or passport, and the original for viewing
- An official extract of the birth certificate or a copy of the military transaction.
- If the applicant is of foreign origin, he submits an official extract of the birth certificate or the card for obtaining the Egyptian nationality, indicating that more than ten years have passed since the acquisition of the Egyptian nationality.
- An individual entry acknowledgment form for the agents’ register signed in front of the competent employee, or the authenticity of the signature from the bank.
- The decision to accept the resignation or the termination of service, 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, provided that two years have passed since he left work.
Documents required after obtaining the commercial register.
- An official extract from the valid commercial register, provided that the advertising and advertising agency’s work is included in the original activity or works in accordance with the provisions of Law 120/1982.
- An official certified copy of the advertising agency contract that fulfills the conditions for registering commercial agency contracts.
(As previously mentioned in the clause “Thirdly, the conditions required to be met in the commercial agency contract”)
- If the contract is issued by a foreign company or entity and in the foreign language only, the original translation of the agency contract is presented for advertising according to the established rules regarding translation.
- Public sector acknowledgment form signed by the concerned person in front of the competent employee, or the authenticity of the signature from the bank.
If the products, services, or trademark you carry are the property of the principal and this is not expressly provided for in the advertising 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 embassy or consulate in the country of the foreign client).
- 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 products or trademarks you carry are owned by a third party who provides
- a relationship letter between the principal and the third party, authenticated by the third party’s country, that 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 part
If the relationship letter 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 relationship letter.
- Trademark registration certificate from the competent department in the country of the client.
- 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 (advertising and advertising) from the competent Chamber of Commerce and approved by the General Federation of Chambers of Commerce at the first registration only.
Second, the documents required from companies
Documents required before obtaining the commercial register
- Complete the application for registration of the commercial agent signed by the person who has the right to manage and sign before the competent employee or his legal representative.
- If the advertising agent is a company of persons
A copy of the company’s articles of incorporation and the amendments made to it, registered and notarized on it.
If the advertising agent is a money company
A copy of the companies newspaper in which the company’s contract and articles of association and the amendments made to it are published
If the advertising agent is a public sector company,
A copy of the construction decision bearing a true seal of the republic’s emblem with exemption from documentation in the real estate month.
- Acknowledgment of registration for companies signed in front of the competent employee, or with a valid signature from the bank, stating that:
- Fulfills from all general partners in partnership companies according to the company’s contract.
- From all directors of limited liability companies according to the articles of association or the companies newspaper.
- From all members of the board of directors and managers appointed in joint-stock companies in accordance with the articles of association or the companies’ gazette. (Public sector companies are exempted from this).
Documents that must be met by all those whose names are included in the contract or the newspaper in the partnership companies and limited liability companies and from all the members of the board of directors and the managers appointed in the articles of incorporation or the companies’ newspaper in joint stock companies (public sector companies are exempted from it)
- A copy of the national ID or passport, and the original for viewing
- An official extract of the birth certificate or a copy of the military transaction
- If the applicant is of foreign origin, he submits an official extract of the birth certificate or the card for obtaining the Egyptian nationality, indicating that more than ten years have passed since the acquisition of the Egyptian nationality.
(Public sector companies are exempted from this)
- The decision to accept the resignation or end the service, if one of the aforementioned is a former employee of the government, public bodies, public institutions, local government units, public sector companies or the public business sector, provided that two years have passed since he left work
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 with a review of the original (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)
- The decision to accept the resignation or to terminate the service, if one of their names 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, provided that two years have passed since he left work.
If the advertising agent is a company of persons
- A copy of the tax card with its data completed and identical to the data of the commercial register and the original for review.
Or a data document from the tax office to which the taxpayer is affiliated (if the activity is not mentioned in the tax card or if the company is new and has not issued a tax card).
- Complete an undertaking form to bring documents before receipt from the applicant for registration.
Documents required after obtaining the commercial register.
- A recent official extract from the valid commercial register (provided that its validity period is not less than 90 days, including the activity of the advertising agency, or works in accordance with the provisions of Law 120/1982 - the capital is not less than 20,000 EGP).
- If the company is more than a year old
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)
- If the advertising agent is a money company or a public sector
A copy of the tax card with its data completed and identical to the data of the commercial register and the original for review
- An official certified copy of the advertising agency contract that fulfills the conditions for registering commercial agency contracts, (As previously mentioned in the item “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:
The original translation of the advertising agency contract shall be submitted according to the established rules regarding the 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 the products, services, or trademark you carry are the property of the principal and this is not expressly provided for in the advertising agency contract, one of the following documents shall be submitted.
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.\
(With its authentication from the competent authority in the country of the client or from the competent Chamber of Commerce and certified. From the Egyptian embassy or consulate in the country of the foreign client). If the products or trademarks you carry are owned by a third party who provides,
- a relationship letter between the principal and the third party, authenticated by the third party’s country that 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 relationship letter between the principal and the third party does not state that the third party owns the trademark, it shall submit with the relationship letter a trademark registration certificate from the competent department in the principal’s country.
- Certificate of experience in the field of commercial agencies (advertising and advertising) from the competent Chamber of Commerce and approved by the General Federation of Chambers of Commerce at the first registration only.
- In the event that there is a legal partner in the commercial register of the agent
The memorandum of association or company's newspaper for the Egyptian legal partner and the last amendment contract or companies minutes with the amendments. (It must be Provided that at least 51% of the capital of the legal partner is owned by Egyptians).
- An official extract of the birth certificate of the Egyptians whose names are confirmed in the articles of incorporation or the company's newspaper of the Egyptian legal partner (Public sector companies are exempted from this).
Registration Validity
Registration is valid for five years
Registration procedures
- Reserving an appointment through Goeic’s website (in case the application is submitted in favor or October, or the Investor Services Complex at the Investment Authority)
- Submit the required documents before obtaining the commercial register.
- Check the documents
- Determining fees at the application receiving window at the Authority’s branches or the competent chambers of commerce, provided that they are paid with the visa.
- Payment Fees
- Obtaining the letter addressed to the commercial registry
- Extracting the commercial register and completing the rest of the required documents in accordance with the provisions of Law No. 120/82.
- Reserving an appointment through the Authority’s website (in case the application is submitted in MAROUF or October, or the Investor Services Complex at the Investment Authority).
8- Reserving an appointment through the Authority’s website (in case the application is submitted in MAROUF or October, or the Investor Services Complex at the Investment Authority).
- Submit the remaining documents required for registration in the Commercial Agents Register in accordance with the pledge signed before receipt.
- Financial and Technical Review - Entering Commercial Agents Register Card Data.
- The person concerned should review the card before wrapping it and receiving it.
- Packaging-Delivery
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.
- To find out the steps for booking an appointment through the GOEIC’s website, please enter the following link
- To be entered in the agents’ register: - The commercial agent and it does not register the distributors, representatives or traders.
- individual facilities or companies of persons incorporated in accordance with the Law of the Investment Authority shall be treated as money companies with respect to documents that are completed before and after the issuance of the commercial register.
- Application forms and declarations can be obtained from the GOEIC’s website only
- The stamp with1pound and the resource development stamp shall be taken into account on the agency contracts, their amendments, their translation, and any appendix to the contract, the trademark registration certificate, and a letter of relationship between the principal and the third party and the power of attorney
- If the person concerned or who 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
- -Declarations are valid for 3 months, validity is accepted, and even a second power of attorney is accepted only - the authorization is not accepted.
- The person acting on behalf of the agent in submitting the application may not sign the personal declarations that must be submitted by the
- The concerned person and the authorized agent in the individual establishments.
- And from all the general partners and from all the managers in the limited liability companies.
- And from all members of the board of directors and managers in joint stock companies.
- In the event that someone who meets the declarations travels outside the country, the declarations and a copy of the passport are to be documented from the Egyptian embassy abroad.
- The presence of a valid agency contract affixed to the commercial agent's registry card is one of the conditions for continued registration in the agent's registry.
- In the event that there is only one valid agency contract affixed to the commercial agent's registry card whose validity period is less than 5 years, the validity of the registration in the commercial agent's registry is linked to the expiry date of that contract until other agency contracts are added.
- Agency contracts translation:
- 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 authorized center Provides 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-Al sun - a university ... etc.) Provides original translation.
- 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 seal 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.
- 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 in submitting the application is from government employees, public authorities, public institutions, or local government units, the commercial agents’ registry card shall not be delivered until after notifying his employer
- For those who have acquired Egyptian citizenship, the date of registration in the submitted birth certificate must be more than 10 years old
- Certificate of experience in the field of commercial agencies (in the field of advertising)
- Issued by its Chamber of Commerce, provided that it is approved by the General Federation of Chambers of Commerce
- Its validity is according to the permission of the Chamber of Commerce.
- Activity permits in the commercial register and tax clauses Submission of agency contract
- If the commodity and geographical scope is specified in the agency contract, that scope is specified in the commercial agent's registry card S14.
- The number of registered contracts, agency data and products certificate is indicated in the agent record card
- Agency data and products certification guarantee
- Agent data: his name - registration number - 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 shall 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 modification contract. If the authority is not notified within 30 days, the following measures will be taken in accordance with Article 21 of Law 120/1982
- 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 shall notify 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.
- 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 your personal statements.
Publish Date 22/03/2022 11:43 AM
Last Update 26/06/2023 11:19 AM