Conditions And Requirements to Obtain Commercial License By An Agent to Practice Commercial Agency ( Comparative Analytical Study)

Abstract

The commercial agency contract receives a great attention compared to the other commercial contracts. This is because of the importance of this contract in the field of commercial activity and its role in the prosperity of any countries' economy. In addition to the fact that this contract is considered a legal means in order to facilitate the dealings. Shall a client is unable to carry out his/her work by him/herself; s/he can delegate another person, an agent, to carry out the task. It is a contract whereby the commercial agent is obligated to represent his/her agent in distributing, selling, offering, or providing a commodity or service in a specific area of ​​activity or according to the agreement, and the commercial agent exercises his work independently in return of a fee. However, the commercial agent cannot practice the profession of commercial agency except after obtaining a license to practice the profession. When reviewing the provisions of, the effective, Iraqi Commercial Agency Organization Law and the laws of comparison, we find out that there are several conditions and procedures that the commercial agent must follow to obtain a license to practice commercial agency business, otherwise it is not permissible for any person to accept agency from another person without prior permission taken from the competent authorities, failure to that, s/he will be exposed to the penalties that are stipulated in the law which regulates commercial agency. In order to inform and study aspects of the research, we divided the study into two chapters. In the first chapter, we explain the conditions that must be met by the applicant for a license to practice the business of commercial agency. While in the second chapter, we describe the procedures necessary for a commercial agent to obtain a license to practice the business of commercial agency. In the research, we came to an end with a conclusion that includes a set of conclusions and recommendations.