N.C. Gen. Stat. » Chapter 66
NC General Statutes

N.C. Gen. Stat. § 66-190 (2026)

Definitions

✓ current as of July 2026
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The following definitions apply in this Article:

(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 amount of orders, sales, or profits or as a specified amount per order or per sale.

(2) "Person" means an individual, corporation, limited liability company, partnership, unincorporated association, estate, trust, or other entity.

(3) "Principal" means a person who:

a. Manufactures, produces, imports, or distributes a product or service;

b. Contracts with a sales representative to solicit orders for the product or service; 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 orders for products or services;

b. Is compensated, in whole or in part, by commission;

c. Is not a seller who complies with:

1. G.S. 25A-39 and G.S. 25A-40; or

2. Part 429 of 16 Code of Federal Regulations (January 1, 2003);

d. Repealed by Session Laws 2003-331, s. 1, effective October 1, 2003.

e. Is not an employee of the principal;

f. Does not sell or take orders for the sale of advertising services; and

g. Is not a person requiring a real estate broker's or sales agent's license under Chapter 93A of the General Statutes.

(5) "Terminate" and "termination" mean the end of the business relationship between the sales representative and the principal, whether by agreement, by expiration of time, or by exercise of a right of termination of either party. (1989, c. 506, s. 1; 2003-331, s. 1.)

 

Notes of Decisions
Cited in 6 cases, 1992–2020 · leading case: D.P. Riggins & Assocs., Inc. v. Am. Bd. Co., 796 F. Supp. 205 (W.D.N.C. 1992).
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D.P. Riggins & Assocs., Inc. v. Am. Bd. Co., 796 F. Supp. 205 (W.D.N.C. 1992). · cites it 6× “Plaintiffs Complaint set forth three alternative claims for relief: breach of contract, recovery as a “Sales Representative” from a “Principal” pursuant to N.C.Gen.Stat. § 66-190(3) and (4), and Quantum Meruit.”
Schwab v. Nat'l Dealers Warranty, Inc., 298 S.W.3d 87 (Mo. Ct. App. 2009). “201 (“commission” means compensation which is “expressed as a percentage of the dollar amount of orders or sales”) with N.C. Gen.Stat. Ann. § 66-190 (defining commission to include compensation that is “expressed as a percentage of the amount of orders, sales, or profits .”
Talantis v. Paugh Surgical, Inc., 273 F. Supp. 2d 710 (M.D.N.C. 2003). “§§ 66-190 to 66-199 (1989). FACTS Plaintiff is a citizen of North Carolina.”
GAVCO, INC. v. Chem-Trend Inc., 81 F. Supp. 2d 633 (W.D.N.C. 1999). “§ 66-190(3) (1991). A "Sales Representative” is defined as "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; (d) Does not sell…”
Progress Solar Solutions, LLC v. Long, No. 5:19-cv-00005 (E.D.N.C. Sept. 24, 2020). · cites it 7× “Inits answer to PSS’s original complaint in the 2017 lawsuit, FPI alleged four counterclaims: (1) breach of contract; (2) breach of contract in violation of N.C. Gen Stat. §§ 66-190 et seq. (the “SRCA”); (3) unjust enrichment; and (4) accounting.”
Brownstone Specialty Fin. v. Freedom Mortg. Corp, No. 17-2538 (3d Cir. June 15, 2018). “at *4 (citing N.C. Gen Stat. Ann. § 66-190(1); Okla. Stat.”
N.C. Gen. Stat. § 66-190(1): 1 case
Brownstone Specialty Fin. v. Freedom Mortg. Corp, No. 17-2538 (3d Cir. June 15, 2018). “at *4 (citing N.C. Gen Stat. Ann. § 66-190(1); Okla. Stat.”
N.C. Gen. Stat. § 66-190(3): 2 cases
D.P. Riggins & Assocs., Inc. v. Am. Bd. Co., 796 F. Supp. 205 (W.D.N.C. 1992). “Plaintiffs Complaint set forth three alternative claims for relief: breach of contract, recovery as a “Sales Representative” from a “Principal” pursuant to N.C.Gen.Stat. § 66-190(3) and (4), and Quantum Meruit.”
GAVCO, INC. v. Chem-Trend Inc., 81 F. Supp. 2d 633 (W.D.N.C. 1999). “§ 66-190(3) (1991). A "Sales Representative” is defined as "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; (d) Does not sell…”
N.C. Gen. Stat. § 66-190(4): 1 case
D.P. Riggins & Assocs., Inc. v. Am. Bd. Co., 796 F. Supp. 205 (W.D.N.C. 1992). “Plaintiffs Complaint set forth three alternative claims for relief: breach of contract, recovery as a “Sales Representative” from a “Principal” pursuant to N.C.Gen.Stat. § 66-190(3) and (4), and Quantum Meruit.”
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