Practicing as a Commercial Agent
In order to practice as a commercial agent in the Republic of Cyprus, one needs to be registered as one by the Council of Commercial Agents and obtain an annual licence for practicing the profession.
The term “Commercial Agent” refers to natural or legal persons who, under the capacity of independent mediator, are authorized on a permanent basis either to negotiate, on behalf of another person, the sale or purchase of goods or to negotiate and conclude such transactions on behalf of the represented person.
Who is Eligible
Every natural or legal person can be registered as a Commercial Agent, provided that the Council of Commercial Agents is satisfied that the applicant:
- Is a holder of a school leaving certificate of a recognized secondary school or of an equivalent qualification; and
- Has not been convicted in the past 10 years immediately preceding the application for an offence involving dishonesty or for an offense against morality or the Exchange Control or Customs and Excise Laws for the time being in force and has not been declared bankrupt; or
- Is a limited company duly registered in the Republic, or an EU member state of which at all times its directors or one of them or the secretary are eligible to hold a practicing licence; or
- Is a partnership duly registered in the Republic, an EU member state of which at all times at least one of its unlimited partners is a commercial agent holding a practicing licence.
Where to Apply
The application for enrollment in the Commercial Agents Register and the application for the issuance of a licence to practice the profession of Commercial Agent can be submitted either through the PSC Cyprus or by contacting directly the competent authority:
The Council of Commercial Agents
P. O. Box 23875, 1687 Nicosia
Tel.: +357 22664151, +357 22889759
Fax: +357 22667593, + 357 22420420
E-mail: firstname.lastname@example.org, email@example.com, firstname.lastname@example.org
Which Certificates must be Submitted
The application for enrollment in the Commercial Agents Register has to be accompanied by the following documents:
- Copy of a recent Clear Criminal Record Certificate from the appropriate authorities;
- Copy of non-bankrupt certificate by the Registrar of Companies and Official Receiver or the appropriate authority of a member state;
- Copy of a school leaving certificate of a recognized secondary school or of an equivalent qualification.
Fees Applicable & How to Pay
The following fees need to be paid (either by cheque or cash) together with the application:
- €20.00 application fee;
- €75.00 registration fee;
- €60.00 annual licence fee.
If registration is refused or renewal of an annual licence is refused 50% of the fees paid are returned.
The applicant is informed regarding the authorization decision normally within thirty days from the date that the application form and supporting documents were duly submitted.
Licence Validity Period
The annual licence for practicing the profession is valid until 31st of December of each year and should be renewed by the first day of March of the following year.
Dispute with the Competent Authority's Decision
How to File an Administrative Action
Administrative Action Against a Competent Authority’s Decision
Any person may file an Administrative Action at the Administrative court against a decision, act or omission of any competent authority or body.
Pursuant to Article 146 of the Constitution, an Administrative Action may be lodged within 75 days from the date of the decision or act or omission or from the day when such decision or act or omission was notified to the applicant.
The Administrative Court acts as a cassation Court and not as a substantive Court. In other words, the Administrative Court may:
I. Dismiss the Administrative Action
II. Annul wholly or partially the contested decision or act
III. Compel the relevant authority or body to take a certain action
After a decision is annulled, the authority and/or public body must reverse things back to the state prior to when the concerned decision and/or act was executed and reexamine.
How to Appeal
An Appeal may be filed against the Administrative Court’s first-instance decision within a period of 42 days from the date such decision was given.
At the Supreme Court (Court of Appeal Section) hearing, the contested issue of the appeal remains the legality of the decision or act already adjudicated for. However, such revision of the legality of the decision or act is solely examined on the matters and the extent that the two parties have limited the reasons in the relevant notice of appeal.
The decision adopted by the Supreme Court is considered final in relation to the matter that has been judged.
Legislation & Obligations
Which Laws and Regulations Apply
What are my Obligations
Registered Commercial Agents are obliged to comply with the provisions of the Commercial Agents Law, and relevant regulations, as periodically amended.
The Council of Commercial Agents is the delegated body to supervise registered Commercial Agents, exercise disciplinary control and impose disciplinary penalties, such as the deletion of a registered commercial agent from the registry or the suspension of the licence to practice the profession.