If you think that your commission has been calculated incorrectly, you can ask for accounting justification.
In many cases, the commission is calculated on the basis of the sales generated by the commission agent, but deducting certain expenses and costs; this means that the commission agent cannot make the calculations himself, as he does not have access to the accounts. Although the law guarantees the secrecy of the accounts, there are exceptions: in certain cases, the law requires that the accounting documents be made available to third parties who can prove a legitimate interest. This includes commission agents, who can go to court to request such disclosure.
For this purpose, it will be necessary to file a voluntary jurisdiction proceeding, which requires the assistance of a lawyer and solicitor, and to request the exhibition of accounting books and supports. The contract signed with the company must be provided to accredit the legitimate interest, identify exactly what you wish to consult (balance sheets, specific books, computerised lists…) and, to justify the request, explain the reasons that lead you to believe that your commission is not well calculated. This is true:
- Only the documentation strictly necessary to guarantee this right will be exhibited, and the scope of the information provided will be decided by the judge.
- If requested in the initial application and authorised by the judge, you may be accompanied by a certified public accountant.
The procedure will be supervised by the judge to ensure maximum protection of the interests of all parties involved. If the company refuses to produce the documents ordered by the judge, it will be guilty of the offence of disobedience, which carries a fine of up to 300 euros per day.
Our advisors will inform you of your rights as a commission agent and, if necessary, file a voluntary jurisdiction procedure to obtain the production of the accounts on the basis of which your commission has been quantified.