Kansas Statutes 44-341. Payment of commissions; definitions
As used in this act:
(a) “Commission salesperson” means a person who contracts with and is authorized by a principal to solicit within this state wholesale orders for that principal for merchandise to be shipped into this state or services to be performed within this state and who is compensated therefor by commission. Commission salesperson does not include a person who: (1) Places orders or purchases for the person’s own account for resale; (2) is an employee subject to the provisions of Kan. Stat. Ann. § 44-313 et seq., and amendments thereto; (3) is a person licensed under the real estate brokers’ and salespersons’ license act; or (4) is engaged in door-to-door sales regulated by Kan. Stat. Ann. § 50-640, and amendments thereto.
Terms Used In Kansas Statutes 44-341
- Commission salesperson: means a person who contracts with and is authorized by a principal to solicit within this state wholesale orders for that principal for merchandise to be shipped into this state or services to be performed within this state and who is compensated therefor by commission. See Kansas Statutes 44-341
- Contract: A legal written agreement that becomes binding when signed.
- Contractual relationship: means the relationship between a principal and a commission salesperson based on a contract between them providing for the commission salesperson to solicit and make sales within this state of merchandise to be shipped into or services to be performed within this state. See Kansas Statutes 44-341
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Employee: means any person allowed or permitted to work by an employer. See Kansas Statutes 44-313
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Principal: means any individual, partnership, association, joint stock company, trust, corporation or administrator or executor of the estate of a deceased individual, or the receiver, trustee or successor thereof, contracting with a commission salesperson to solicit and make sales within this state for merchandise to be shipped into this state or services to be performed within this state. See Kansas Statutes 44-341
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
- Trustee: A person or institution holding and administering property in trust.
(b) “Commissions earned through the last day of the contractual relationship” or “earned commissions” means commissions with respect to services or merchandise which actually has been delivered or furnished to, accepted by and paid for by the customer by the last day of the commission salesperson’s contractual relationship.
(c) “Contractual relationship” means the relationship between a principal and a commission salesperson based on a contract between them providing for the commission salesperson to solicit and make sales within this state of merchandise to be shipped into or services to be performed within this state.
(d) “Principal” means any individual, partnership, association, joint stock company, trust, corporation or administrator or executor of the estate of a deceased individual, or the receiver, trustee or successor thereof, contracting with a commission salesperson to solicit and make sales within this state for merchandise to be shipped into this state or services to be performed within this state.