Utah Code 34-44-301. Failure to pay commission
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(1) A sales representative may bring a civil action in a court of competent jurisdiction against a principal for failure by the principal to comply with:
Terms Used In Utah Code 34-44-301
- Commission: means :(2)(a) compensation:(2)(a)(i) that accrues to a sales representative;(2)(a)(ii) for payment by a principal; and(2)(a)(iii) at a rate expressed as a percentage of the dollar amount of sales, orders, or profits; or(2)(b) any other method of compensation agreed to between a sales representative and a principal including:(2)(b)(i) fees for services; and(2)(b)(ii) a retainer. See Utah Code 34-44-102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Principal: means a person who:
(4)(a) engages in any of the following activities with regard to a product or service:(4)(a)(i) manufactures;(4)(a)(ii) produces;(4)(a)(iii) imports;(4)(a)(iv) sells; or(4)(a)(v) distributes;(4)(b) establishes a business relationship with a sales representative to solicit orders for a product or a service described in Subsection (4)(a); and(4)(c) agrees to compensate a sales representative, in whole or in part, by commission. See Utah Code 34-44-102- sales representative: means a person who enters into a business relationship with a principal:
(5)(a)(i) to solicit orders for a product or a service described in Subsection (4)(a); and(5)(a)(ii) under which the person is compensated, in whole or in part, by commission. See Utah Code 34-44-102(1)(a) any provision of an agreement relating to the payment of commission; or(1)(b) Subsection 34-44-202(1) or (2).(2) If a principal is found liable under Subsection (1), the principal is liable to the sales representative for:(2)(a) three times an amount calculated by:(2)(a)(i) determining the sum of unpaid commission owed to the sales representative; and(2)(a)(ii) subtracting from the amount determined under Subsection (2)(a)(i) money the sales representative owes the principal;(2)(b) reasonable attorney fees; and(2)(c) court costs.