As used in this chapter:

(1) "Commissions" means compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the amount of orders or sales or as a specified amount of each order or sale.

Terms Used In South Carolina Code 39-65-10

  • 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.
  • 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.
  • Person: means an individual, corporation, partnership, association, estate, or trust. See South Carolina Code 39-65-10
  • Principal: means a person who:

    (a) manufactures, produces, imports, or distributes a tangible product for wholesale;

    (b) contracts with a sales representative to solicit orders for the product; and

    (c) compensates the sales representative, in whole or in part, by commission. See South Carolina Code 39-65-10
  • Sales representative: means a person who:

    (a) contracts with a principal to solicit wholesale orders;

    (b) is compensated, in whole or in part, by commission;

    (c) does not place orders or purchase for his own account or for resale; and

    (d) does not sell or take orders for the sale of products to the ultimate consumer. See South Carolina Code 39-65-10

(2) "Person" means an individual, corporation, partnership, association, estate, or trust.

(3) "Principal" means a person who:

(a) manufactures, produces, imports, or distributes a tangible product for wholesale;

(b) contracts with a sales representative to solicit orders for the product; and

(c) compensates the sales representative, in whole or in part, by commission.

(4) "Sales representative" means a person who:

(a) contracts with a principal to solicit wholesale orders;

(b) is compensated, in whole or in part, by commission;

(c) does not place orders or purchase for his own account or for resale; and

(d) does not sell or take orders for the sale of products to the ultimate consumer.