Kentucky Statutes 330.190 – Proof of license required to recover fees by court action — No right of recovery by apprentice auctioneer, exception
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(1) No person, engaged in the business of or acting in the capacity of any licensee under this chapter shall bring or maintain any action in the courts of the Commonwealth for the collection of compensation for any services performed as a licensee without first proving that he or she was duly licensed at the time the alleged cause of action arose.
(2) No apprentice auctioneer shall have the right to institute a suit in his or her own name for the recovery of a commission, fee, or compensation for services as an apprentice auctioneer, but any such act shall be instituted and brought by the licensed auctioneer employing an apprentice auctioneer; provided, however, that this subsection shall not be construed so as to prevent a licensed apprentice auctioneer from suing his or her employing auctioneer for any compensation, fees, or commissions due from the auctioneer.
Effective: June 25, 2009
History: Amended 2009 Ky. Acts ch. 70, sec. 17, effective June 25, 2009. — Amended
1992 Ky. Acts ch. 344, sec. 14, effective July 14, 1992. — Amended 1990 Ky. Acts ch. 170, sec. 14, effective July 13, 1990. — Created 1962 Ky. Acts ch. 251, sec. 19.
(2) No apprentice auctioneer shall have the right to institute a suit in his or her own name for the recovery of a commission, fee, or compensation for services as an apprentice auctioneer, but any such act shall be instituted and brought by the licensed auctioneer employing an apprentice auctioneer; provided, however, that this subsection shall not be construed so as to prevent a licensed apprentice auctioneer from suing his or her employing auctioneer for any compensation, fees, or commissions due from the auctioneer.
Terms Used In Kentucky Statutes 330.190
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Apprentice auctioneer: means any person who is employed or supervised, directly or indirectly, by an auctioneer to deal or engage in any activity in subsection (6) of this section, excluding the authority to enter into an auction listing contract or to independently maintain an auction escrow account. See Kentucky Statutes 330.020
Effective: June 25, 2009
History: Amended 2009 Ky. Acts ch. 70, sec. 17, effective June 25, 2009. — Amended
1992 Ky. Acts ch. 344, sec. 14, effective July 14, 1992. — Amended 1990 Ky. Acts ch. 170, sec. 14, effective July 13, 1990. — Created 1962 Ky. Acts ch. 251, sec. 19.