44-341. Payment of commissions; definitions.
44-341
44-341. Payment of commissions; definitions.As used in this act:
(a) "Commission salesperson" means a person who contracts with and isauthorized by a principal to solicit within this state wholesale orders forthat principal for merchandise to be shipped into this state or services tobe performed within this state and who is compensated therefor by commission.Commission salesperson does not include a person who: (1) Places orders orpurchases for the person's own account for resale; (2) is an employeesubject to the provisions ofK.S.A. 44-313 et seq. and amendments thereto; (3) is a person licensedunder the real estatebrokers' and salespersons' license act; or (4) is engaged in door-to-doorsales regulated by K.S.A. 50-640 and amendments thereto.
(b) "Commissions earned through the last day of the contractualrelationship" or "earned commissions" means commissions with respect toservices or merchandise which actually has been delivered or furnished to,accepted by and paid for by the customer by the last day of the commissionsalesperson's contractual relationship.
(c) "Contractual relationship" means the relationship between aprincipal and a commission salesperson based on a contract between themproviding for the commission salesperson to solicit and make sales withinthis state of merchandise to be shipped into or services to be performedwithin this state.
(d) "Principal" means any individual, partnership, association, jointstock company, trust, corporation or administrator or executor of theestate of a deceased individual, or the receiver, trustee or successorthereof, contracting with a commission salesperson to solicit and makesales within this state for merchandise to be shipped into this state orservices to be performed within this state.
History: L. 1987, ch. 185, § 1; July 1.