Legal Question in Business Law in New York
As a consultant/sales person to a small company with a 15% commission, I can generate a $2,000,000 order from a large company who willpay their bill in 15 days....Is there a way to secure my money before or at the same time my company receives it. My fear is that my company may have other large financial obligations and might pay them and leave none for me. How do I secure my payment?
2 Answers from Attorneys
None that I know of. However, pursuant to the NY Labor law, there are strict guidelines concerning the payment of commissions. In particular,
Section 191-b - the commissions agreement must be in writing and must set forth the method by which the commission is to be computed and paid. The section also states that the sales representative must be paid not later than five business days after the commission has become earned.
Section 1910-c - If the company failes to pay commission, it shall be liable for double damages together with attorney's fees.
Mike.
If I may add a practical solution:
If you are in the position to ask/demand your company to have the proceeds paid into an escrow account (such as an attorney's trust account) you will be able to draw your 15% commission and forward the remainder to your company. If you have leverage in this deal, then it may be no sweat off your company's back to allow the money to go in escrow or otherwise risk loosing the deal.
If you have any further questions feel free to contact my office at your earliest convenience.
Roman R. Fichman, Esq.
www.TheLegalist.com │ @TheLegalist
email: Info (@) TheLegalist (dot) com
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