Schedule — COMMERCIAL CODE

Schedules con-

tained in s.1 of

[Articles 550-551]

Ord.II. of 1898,

consolidated.

PART I

Amended by

(Article 70(3))

XIII.1983.4;

IX.2003.4;

L.N. 407 of 2007.

SECONDARY ACTIVITIES OF COMMERCIAL AGENTS

1. The activities of a person as a commercial agent are secondary where it may

reasonably be taken that the primary purpose of the arrangement with his principal is

other than as set out in paragraph 2 below.

2. An arrangement falls within this paragraph if -

(a) the business of the principal is the sale, or as the case may be purchase,

of goods or services of a particular kind; and

(b) the goods or services concerned are such that -

(i)

transactions are normally individually negotiated and concluded

on a commercial basis, and

(ii) procuring a transaction on one occasion is likely to lead to further

transactions in those goods or services with that customer on

future occasions, or to transactions in those goods or services with

other customers in the same geographical area or among the same

group of customers, and that accordingly it is in the commercial

interests of the principal in developing the market in those goods

or services to appoint a representative to such customers with a

view to the representative devoting effort, skill and expenditure

from his own resources to that end.

3. The following are indications that an arrangement falls within paragraph 2

above, and the absence of any of them is indication to the contrary -

(a) the principal is the manufacturer, importer or distributor of the goods;

(b) the goods are specifically identified with the principal in the market in

question rather than, or to a greater extent than, with any other person;

(c) the agent devotes substantially the whole of his time to representative

activities (whether for one principal or for a number of principals whose

interests are not conflicting);

(d) the goods are not normally available in the market in question other

than by means of the agent;

(e) the arrangement is described as one of commercial agency.

4. The following are indications that an arrangement does not fall within

paragraph 2 above -

(a) promotional material is supplied direct to potential customers;

(b) persons are granted agencies without reference to existing agents in a

particular area or in relation to a particular group;

(c) customers normally select the goods for themselves and merely place

their orders through the agent.

5. The activities of the following categories of persons are presumed, unless

COMMERCIAL CODE

the contrary is established, not to fall within paragraph 2 above -

-

Mail order catalogue agents for consumer goods;

-

Consumer credit agents.

PART II

COMMISSIONS AND FEES

Commissions

On the purchase and sale of goods

On the purchase of goods with the principal’s funds in hand ..........

On the purchase of goods and on the drawing for the value thereof

On the sale of goods .....................................................................

On attempted sale of goods -

if the value be above €1,164,69 ...........................................

if the value be €1,164,69 or less ..........................................

On the purchase and sale of sailing - or steam-ships (including

brokerage), (from each party) .......................................................

Banking Transactions

On drawing ..................................................................................

On remitting .................................................................................

On accepting ................................................................................

On negotiating ..............................................................................

On endorsement of bills of exchange ............................................

N.B.- If the drawing and remitting, or the accepting and

negotiating refer to the same transaction, the fee is only ................

On the purchase or sale of public funds -

for funds quoted at above 75% of their nominal value, -

on the nominal value ............................................................

for funds quoted at below 75% of their nominal value, -

on the nominal value ............................................................

On disbursements to travellers against letters of credit ..................

On collection, payment, or negotiating of coupons ........................

On collection of bills of exchange and remittances of the amount ..

On collection of moneys in account current and remittance of

proceeds, or payments made on demand ........................................

N.B. - The minimum rates above specified in the cases where the

rate is not definitely indicated, apply to transactions the amount of

which exceeds €232.94

Sailing-ship or Steamship Agency

To the freighter of a steamship or sailing-ship ...............................

To the consignee, on the affreightment of a sailing-ship or

steamship, if he procured the affreightment ...................................

On freights of importation, as per manifest, both if the freight be

payable at the port of destination and if paid in advance ...............

On procuring freights to steamships or sailing-ships for

exportation, as per manifest ..........................................................

On disbursements to steamships or sailing-ships ...........................

On disbursements to steamships or sailing-ships if under average ..

On discharging and reloading, or on reshipping of goods on

sailing-ship or steamship with or without average, -

if the value of the goods be under €4658.75 .........................

if the value of the goods be above €4658.75 .........................

On transhipment of packages - according to the goods and the

number of packages -

for each package .................................................................

for bales or cases of textiles, -

for each bale or case ...........................................................

for iron, - per ton .................................................................

On the sale by public auction of goods or articles landed from

sailing-ships or steamships under average .....................................

Fees

For representing one or more persons before courts of justice -

if the amount in litigation exceeds €2,329.37 -

in the court of first instance ............................................

in the court of second instance ........................................

if the amount in litigation is €2,329.37 or less -

in the court of first instance ............................................

in the court of second instance ........................................

N.B. - If representation is in second instance only, the fee is -

if the amount in litigation exceeds €2,329.37 .......................

if it is €2,329.37 or less .......................................................

On deposits in court as security for suits (besides interest at 6%

per annum) -

for a period not longer than one year ....................................

for any further period not exceeding one year .......................

On receipt of telegrams for transmission abroad -

per telegram ........................................................................

On giving orders -

to steamships, - for each order ............................................

to sailing-ships, - for each order ..........................................

On procuring orders, receiving and delivering goods, adjusting

accounts, procuring acceptances, or collecting and remitting .........

for del credere on the sale of goods on credit .......................

On guarantees in favour of any person - per month ........................

On guarantees in favour of any person, accompanied by a deposit

(besides ¼% per month), interest, per annum, of ...........................

COMMERCIAL CODE

PART III

FEES OF PUBLIC BROKERS

On the sale and purchase of goods (from each party) .....................

On the sale and purchase of goods of small value, such as

pozzolana, soda-ash, firewood, mineral salts, and the like articles

(from each party) ..........................................................................

N.B. - In the case of goods sold under discount, the brokerage is

due on the net amount of the invoice

On exchange of goods - on the value of every article (from each

party) ...........................................................................................

On the purchase and sale of any stock in public funds to bearer -

on the real value (from each party) ...............................................

On the purchase and sale of foreign bills of exchange, discount of

bills in the market, and of coupons - on the real value (from each

party) ...........................................................................................

On the purchase and sale of gold and silver bullion, or of State or

foreign coins - on the real value (from each party) ........................

On whole or partial affreightment of sailing-ships or steamships -

payable by the master ...................................................................

On affreightment of sailing-ships or steamships á la cueillette

(ship receiving goods) ..................................................................

PART IV

FEES OF SURVEYORS

For a survey on the condition of a sailing-ship or on the condition

of the bottom or machinery of a steamship, with or without

average -

for the first survey ...............................................................

for any further survey ..........................................................

For a survey on goods -

if the value does not exceed €232.94 .................................

if the value is above €232.94 but does not exceed €465.87 ...

if the value is above €465.87 -

for the first survey ..........................................................

for any further survey .....................................................

For a survey, on board, on condition of the cargo and stowage

thereof -

for the first survey ...............................................................

for any further survey ..........................................................

N.B. - All the said fees are due to each surveyor and for

attendances within the Grand Harbour or within the Marsamxett

Harbour; for attendances outside the said harbours, such fees shall

be doubled. The said fees also include the fee for the drawing up

of the report, but transport and other expenses incurred by the

surveyors in the discharge of their duties, shall be refunded to

them, in addition to the fees above specified

If the time employed by the surveyors outside the said two

harbours exceeds one day, and their continual attendance should

be required beyond that term, - in addition to the expenses

incurred, for each day already commenced ....................................

On appraisement of a sailing-ship or steamship, her tackle and

apparel, - besides the expenses incurred -

on the first €1,164.69 ..........................................................

on the second €1,164.69 .....................................................

on any further sum ...............................................................

← Art. 1 Short title. COMMERCIAL CODE Art. 2 Persons and acts affected. Substitued by: XXIII.2022.3. →