O.C.G.A.

O.C.G.A. § 10-1-700 (2019)

Definitions

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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As used in this article, the term: (1) “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 orders or sales or as a specified amount per order or per sale. (2) “Principal” means a person who does business in this state and 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. (3) “Sales representative” means a person who contracts with a principal to solicit wholesale orders and who is compensated in whole or in part by a commission, but such term does not include one who places orders or purchases for his or her own account for resale.

History

Code 1981, § 10-1-700, enacted by Ga.

L. 1986, p. 884, § 1; Ga. L. 1993, p. 1092, § 1.

Notes of Decisions

Cited in 6 cases, 1990–2011 · leading case: Dye v. Mech. Enter., Inc., 708 S.E.2d 24 (Ga. Ct. App. 2011).

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Dye v. Mech. Enter., Inc., 708 S.E.2d 24 (Ga. Ct. App. 2011). · cites it 2× “91 in commissions he alleged he was owed pursuant to his contract with MEI and OCGA § 10-1-700 et seq. He also sought attorney fees and expenses of litigation.”

Richard A. Naso & Assocs., Inc. v. Diffusion, 390 S.E.2d 106 (Ga. Ct. App. 1990). · cites it 2× “The Georgia sales representative statute, OCGA § 10-1-700 et seq., does not apply in this case because it applies only to agreements entered into on or after July 1, 1986.”

Vertex Surgical, Inc. v. Paradigm Biodevices, Inc., 390 F. App'x 1 (1st Cir. 2010). “When Paradigm terminated the agreement, Vertex charged it with breach and sued in the district court for Massachusetts, claiming among other things that Paradigm had violated the Georgia Wholesale Distribution Act, Ga.Code Ann. §§ 10-1-700 et seq., which requires payment of…”

Rosenfeld v. Lu, 766 F. Supp. 1131 (S.D. Fla. 1991). “Ga.Code Ann. §§ 10-1-700 to -704 (Harrison Supp.”

Lett v. Paymentech, Inc., 81 F. Supp. 2d 992 (N.D. Cal. 1999). “, Ga.Code Ann. §§ 10-1-700(2)(A) (‘‘principal” redefined as "a person who does business in the state”); La.”

Vertex Surgical, Inc. v. Paradigm Biodevices, Inc., 648 F. Supp. 2d 184 (D. Mass. 2009). “Georgia Wholesale Distribution Act Count II of the Plaintiffs Complaint is that Paradigm has violated the Georgia Wholesale Distribution Act (“GWDA”), Ga. Code Ann. §§ 10-1-700 to -704. Under the GWDA, when a contract between a principal and a sales representative is terminated,…”

— 10-1-700(2)(A) — 1 case

Lett v. Paymentech, Inc., 81 F. Supp. 2d 992 (N.D. Cal. 1999). “, Ga.Code Ann. §§ 10-1-700(2)(A) (‘‘principal” redefined as "a person who does business in the state”); La.”

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