Full text of Utah Utah Code § 34-44-102 — Definitions., with citation guidance and answers to common questions.
§ 34-44-102. Definitions.
Effective 5/14/2019 34-44-102.
Definitions. As used in this chapter:
(1)
"Business relationship" means an agreement that governs the relationship of principal and sales representative.
(2)
"Commission" means:
(a)
compensation:
(i)
that accrues to a sales representative;
(ii)
for payment by a principal; and
(iii)
at a rate expressed as a percentage of the dollar amount of sales, orders, or profits; or
(b)
any other method of compensation agreed to between a sales representative and a principal including:
(i)
fees for services; and
(ii)
a retainer.
(3)
(a)
"Direct sales company" means a person that:
(i)
sells, distributes, or supplies for consideration a good or service through participants:
(A)
at different levels of distribution; or
(B)
in accordance with a formula for compensating participants in whole or in part based on:
(I)
the sale of a good or service; and
(II)
the recruitment of or the performance or action of another participant; and
(ii)
(A)
permits participants to recruit other participants to sell, distribute, or supply for consideration the person's good or service; or
(B)
provides for commission, cross-commissions, override commissions, bonuses, refunds, dividends, or other consideration that is or may be paid as a result of:
(I)
the sale of a good or service; or
(II)
the recruitment of or the performance or action of another participant.
(b)
As used in this Subsection (3), "participant" means an independent agent, contractor, or distributor.
(4)
"Principal" means a person who:
(a)
engages in any of the following activities with regard to a product or service:
(i)
manufactures;
(ii)
produces;
(iii)
imports;
(iv)
sells; or
(v)
distributes;
(b)
establishes a business relationship with a sales representative to solicit orders for a product or a service described in Subsection (4)(a); and
(c)
agrees to compensate a sales representative, in whole or in part, by commission.
(5)
(a)
Except as provided in Subsection (5)(b), "sales representative" means a person who enters into a business relationship with a principal:
(i)
to solicit orders for a product or a service described in Subsection (4)(a); and
(ii)
under which the person is compensated, in whole or in part, by commission.
Section 34-44-102 ("Definitions.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 34-44-102?
A common citation format is "Utah Code § 34-44-102" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 34-44-102 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
