Mississippi Rep Agreements – Contracts Between Out-of-State Principals and Commissioned Sales Representatives (§§ 75-87-1 — 75-87-7)

Mississippi Rep Agreements – Contracts Between Out-of-State Principals and Commissioned Sales Representatives (§§ 75-87-1 — 75-87-7)

Chapter 87. Contracts Between Out-of-State Principals and Commissioned Sales Representatives (§§ 75-87-1 — 75-87-7)

Table of Contents

• 75-87-1. Definitions. 1
• 75-87-3. Sales representative contract to set forth means by which commissions shall be computed and paid. 1
• 75-87-7. Action to recover commissions; triple commissions; attorney fees. 2
• 75-89-1. Short Title. 2

75-87-1. Definitions.

As used in this chapter:

(a) “Commission” means compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the dollar amount of certain orders or sales.

(b) “Principal” means any person who does not have a permanent or fixed place of business in this state and who:

(i) Engages in the business of manufacturing, producing, importing or distributing a product or products for sale to customers who purchase such product or products for resale;

(ii) Utilizes sales representatives to solicit orders for such product or products; and

(iii) Compensates the sales representatives, in whole or in part, by commission.

(c) “Sales representative” means any person who engages in the business of soliciting, on behalf of a principal, orders for the purchase at wholesale of the product or products of the principal. The term “sales representative” shall not include a person who places orders or purchases for such person’s own account for resale or is engaged in home solicitation sales regulated pursuant to Section 75-66-1 et seq., Mississippi Code of 1972.

History

Laws, 1988, ch. 588, § 1, eff from and after July 1, 1988, and it shall be applicable to contracts entered into after July 1, 1988.

75-87-3. Sales representative contract to set forth means by which commissions shall be computed and paid.

Whenever any principal enters into an oral or written contract with a sales representative for services to be rendered within this state and the contemplated method of compensation of the sales representative involves a commission, the contract shall set forth the means by which the commission shall be computed and paid.

History

Laws, 1988, ch. 588, § 2, eff from and after July 1, 1988, and it shall be applicable to contracts entered into after July 1, 1988.

75-87-7. Action to recover commissions; triple commissions; attorney fees.

Any principal who fails to timely pay the sales representative as provided in Section 75-87-5, shall be liable to the sales representative in a civil action for up to triple the commissions due to the sales representative, plus reasonable attorney’s fees and costs.

History

Laws, 1988, ch. 588, § 4, eff from and after July 1, 1988, and it shall be applicable to contracts entered into after July 1, 1988.

75-89-1. Short Title.

This chapter shall be know and may be cited as the “Mississippi Commodities Enforcement Act.”

History

Laws, 1993, ch. 319, § 1, eff from and after July 1, 1993.