Ark. Code Ann. § 4-88-1403 — AR Code / Title 4 / Chapter 88 / Subchapter 14 / Section 4-88-1403
Liability for social media companies
Status: in_force

(a) (1) A social media company that knowingly violates this subchapter is liable if the social media company fails to perform a reasonable age verification. (2) If a social media company performs a reasonable age verification, the social media company shall not retain any identifying information of the individual after access to the social media platform has been granted. (b) (1) As authorized under § 4-88-103 , a prosecutor may initiate an enforcement action against a social media company that allegedly violates § 4-88-1402 . (2) As authorized under § 4-88-104 , the Attorney General may initiate an enforcement action against a social media company that allegedly commits a violation of § 4-88-1402 . (c) (1) A social media company that violates this subchapter is liable to an individual for: (A) A penalty of two thousand five hundred dollars ($2,500) per violation, court costs, and reasonable attorney's fees as ordered by the court; or (B) Damages resulting from a minor accessing a social media platform without his or her parent's or custodian's consent, including court costs and reasonable attorney's fees as ordered by the court. (d) This section does not: (1) Apply to a news or public interest broadcast, website video, report, or event; (2) Affect the rights of a news-gathering organization; or (3) Apply to cloud service providers. (e) An internet service provider, or any of its affiliates or subsidiaries, or search engines, shall not violate this subchapter solely by providing access, connection to or from a website, or other information or content on the internet, or a facility, system, or network that is not under that internet service provider's control, including transmission, downloading, intermediate storage, access software, or other service that provides access or connectivity, to the extent the internet service provider is not responsible for the creation of the content or the communication on a social media platform. Added by Act 2023, No. 689,§ 1, eff. 9/1/2023.

(a) (1) A social media company that knowingly violates this subchapter is liable if the social media company fails to perform a reasonable age verification. (2) If a social media company performs a reasonable age verification, the social media company shall not retain any identifying information of the individual after access to the social media platform has been granted.

(1) A social media company that knowingly violates this subchapter is liable if the social media company fails to perform a reasonable age verification.

(2) If a social media company performs a reasonable age verification, the social media company shall not retain any identifying information of the individual after access to the social media platform has been granted.

(b) (1) As authorized under § 4-88-103 , a prosecutor may initiate an enforcement action against a social media company that allegedly violates § 4-88-1402 . (2) As authorized under § 4-88-104 , the Attorney General may initiate an enforcement action against a social media company that allegedly commits a violation of § 4-88-1402 .

(1) As authorized under § 4-88-103 , a prosecutor may initiate an enforcement action against a social media company that allegedly violates § 4-88-1402 .

(2) As authorized under § 4-88-104 , the Attorney General may initiate an enforcement action against a social media company that allegedly commits a violation of § 4-88-1402 .

(c) (1) A social media company that violates this subchapter is liable to an individual for: (A) A penalty of two thousand five hundred dollars ($2,500) per violation, court costs, and reasonable attorney's fees as ordered by the court; or (B) Damages resulting from a minor accessing a social media platform without his or her parent's or custodian's consent, including court costs and reasonable attorney's fees as ordered by the court.

(1) A social media company that violates this subchapter is liable to an individual for: (A) A penalty of two thousand five hundred dollars ($2,500) per violation, court costs, and reasonable attorney's fees as ordered by the court; or (B) Damages resulting from a minor accessing a social media platform without his or her parent's or custodian's consent, including court costs and reasonable attorney's fees as ordered by the court.

(A) A penalty of two thousand five hundred dollars ($2,500) per violation, court costs, and reasonable attorney's fees as ordered by the court; or

(B) Damages resulting from a minor accessing a social media platform without his or her parent's or custodian's consent, including court costs and reasonable attorney's fees as ordered by the court.

(d) This section does not: (1) Apply to a news or public interest broadcast, website video, report, or event; (2) Affect the rights of a news-gathering organization; or (3) Apply to cloud service providers.

(1) Apply to a news or public interest broadcast, website video, report, or event;

(2) Affect the rights of a news-gathering organization; or

(3) Apply to cloud service providers.

(e) An internet service provider, or any of its affiliates or subsidiaries, or search engines, shall not violate this subchapter solely by providing access, connection to or from a website, or other information or content on the internet, or a facility, system, or network that is not under that internet service provider's control, including transmission, downloading, intermediate storage, access software, or other service that provides access or connectivity, to the extent the internet service provider is not responsible for the creation of the content or the communication on a social media platform.

Added by Act 2023, No. 689,§ 1, eff. 9/1/2023.
Ark. Code Ann. § 4-90-305 — AR Code / Title 4 / Chapter 90 / Subchapter 3 / Section 4-90-305
Repair estimates
Status: in_force

(a) In all instances where nonoriginal equipment manufacturer aftermarket crash parts are used in preparing an estimate for repairs, the written estimate prepared by the insurer or repair facility shall clearly identify such parts. (b) A disclosure document attached to the estimate shall contain the following information in no smaller than 10-point type: "THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF AFTERMARKET CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. THE AFTERMARKET CRASH PARTS USED IN THE PREPARATION OF THIS ESTIMATE ARE WARRANTED BY THE MANUFACTURER OR DISTRIBUTOR OF SUCH PARTS INSTEAD OF THE MANUFACTURER OF YOUR VEHICLE." Acts 1991, No. 1209, § 3.

(a) In all instances where nonoriginal equipment manufacturer aftermarket crash parts are used in preparing an estimate for repairs, the written estimate prepared by the insurer or repair facility shall clearly identify such parts.

(b) A disclosure document attached to the estimate shall contain the following information in no smaller than 10-point type: "THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF AFTERMARKET CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. THE AFTERMARKET CRASH PARTS USED IN THE PREPARATION OF THIS ESTIMATE ARE WARRANTED BY THE MANUFACTURER OR DISTRIBUTOR OF SUCH PARTS INSTEAD OF THE MANUFACTURER OF YOUR VEHICLE."

"THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF AFTERMARKET CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. THE AFTERMARKET CRASH PARTS USED IN THE PREPARATION OF THIS ESTIMATE ARE WARRANTED BY THE MANUFACTURER OR DISTRIBUTOR OF SUCH PARTS INSTEAD OF THE MANUFACTURER OF YOUR VEHICLE."

Acts 1991, No. 1209, § 3.
Ark. Code Ann. § 4-26-808 — AR Code / Title 4 / Chapter 26 / Subchapter 8 / Section 4-26-808
Executive committee
Status: in_force

(a) The articles of incorporation or bylaws may provide for the creation, by the board of directors from its membership, of an executive committee, to consist of not less than three (3) directors. To the extent specified by the board of directors or in the articles of incorporation or bylaws, the executive committee may exercise the authority of the board of directors under § 4-26-801 . The executive committee may not, however: (1) Authorize distributions; (2) Approve or propose to shareholders any action that this chapter requires to be approved by shareholders; (3) Fill vacancies on the board of directors or on any of its committees; (4) Amend the articles of incorporation; (5) Adopt, amend, or repeal bylaws; (6) Approve a plan of merger not requiring shareholder approval; (7) Authorize or approve the reacquisition of shares, except according to a formula or method prescribed by the board of directors; or (8) Authorize or approve the issuance, sale, or contract for sale of shares or determine the designation and relative rights, preferences, and limitations of a class or series of shares. However, the board of directors may authorize a committee or a senior executive officer of the corporation to do so within the limits specifically prescribed by the board of directors. (b) The executive committee shall serve at the pleasure of the board of directors and shall act only in the intervals between the meetings of the board of directors and shall be subject to the control and direction of the board. (c) Unless otherwise provided in the articles of incorporation or bylaws, the executive committee may act by a majority of its members at a meeting or informally without a meeting provided all members sign a writing reflecting such informal action. (d) An act or authorization of an act by the executive committee with the authority lawfully delegated to it shall be as effective for all purposes as the act or authorization of the directors; however, the designation of the committee and the delegation thereto of authority shall not operate to relieve the board of directors, or any member thereof, of any responsibility imposed upon it or him or her by law. Acts 1965, No. 576, § 41; A.S.A. 1947, § 64-306; Acts 1987, No. 323, § 3.

(a) The articles of incorporation or bylaws may provide for the creation, by the board of directors from its membership, of an executive committee, to consist of not less than three (3) directors. To the extent specified by the board of directors or in the articles of incorporation or bylaws, the executive committee may exercise the authority of the board of directors under § 4-26-801 . The executive committee may not, however: (1) Authorize distributions; (2) Approve or propose to shareholders any action that this chapter requires to be approved by shareholders; (3) Fill vacancies on the board of directors or on any of its committees; (4) Amend the articles of incorporation; (5) Adopt, amend, or repeal bylaws; (6) Approve a plan of merger not requiring shareholder approval; (7) Authorize or approve the reacquisition of shares, except according to a formula or method prescribed by the board of directors; or (8) Authorize or approve the issuance, sale, or contract for sale of shares or determine the designation and relative rights, preferences, and limitations of a class or series of shares. However, the board of directors may authorize a committee or a senior executive officer of the corporation to do so within the limits specifically prescribed by the board of directors.

(1) Authorize distributions;

(2) Approve or propose to shareholders any action that this chapter requires to be approved by shareholders;

(3) Fill vacancies on the board of directors or on any of its committees;

(4) Amend the articles of incorporation;

(5) Adopt, amend, or repeal bylaws;

(6) Approve a plan of merger not requiring shareholder approval;

(7) Authorize or approve the reacquisition of shares, except according to a formula or method prescribed by the board of directors; or

(8) Authorize or approve the issuance, sale, or contract for sale of shares or determine the designation and relative rights, preferences, and limitations of a class or series of shares. However, the board of directors may authorize a committee or a senior executive officer of the corporation to do so within the limits specifically prescribed by the board of directors.

(b) The executive committee shall serve at the pleasure of the board of directors and shall act only in the intervals between the meetings of the board of directors and shall be subject to the control and direction of the board.

(c) Unless otherwise provided in the articles of incorporation or bylaws, the executive committee may act by a majority of its members at a meeting or informally without a meeting provided all members sign a writing reflecting such informal action.

(d) An act or authorization of an act by the executive committee with the authority lawfully delegated to it shall be as effective for all purposes as the act or authorization of the directors; however, the designation of the committee and the delegation thereto of authority shall not operate to relieve the board of directors, or any member thereof, of any responsibility imposed upon it or him or her by law.

Acts 1965, No. 576, § 41; A.S.A. 1947, § 64-306; Acts 1987, No. 323, § 3.
Ark. Code Ann. § 4-28-604 — AR Code / Title 4 / Chapter 28 / Subchapter 6 / Section 4-28-604
Governing law
Status: in_force

(a) Except as otherwise provided in subsection (b), the law of this state governs the operation in this state of all unincorporated nonprofit associations formed or operating in this state. (b) Unless the governing principles specify a different jurisdiction, the law of the jurisdiction in which an unincorporated nonprofit association has its main place of activities governs the internal affairs of the association. Acts 2011, No. 202, § 2.

(a) Except as otherwise provided in subsection (b), the law of this state governs the operation in this state of all unincorporated nonprofit associations formed or operating in this state.

(b) Unless the governing principles specify a different jurisdiction, the law of the jurisdiction in which an unincorporated nonprofit association has its main place of activities governs the internal affairs of the association.

Acts 2011, No. 202, § 2.
Ark. Code Ann. § 4-47-702 — AR Code / Title 4 / Chapter 47 / Subchapter 7 / Section 4-47-702
Transfer of partner's transferable interest
Status: in_force

(a) A transfer, in whole or in part, of a partner's transferable interest: (1) is permissible; (2) does not by itself cause the partner's dissociation or a dissolution and winding up of the limited partnership's activities; and (3) does not, as against the other partners or the limited partnership, entitle the transferee to participate in the management or conduct of the limited partnership's activities, to require access to information concerning the limited partnership's transactions except as otherwise provided in subsection (c), or to inspect or copy the required information or the limited partnership's other records. (b) A transferee has a right to receive, in accordance with the transfer: (1) distributions to which the transferor would otherwise be entitled; and (2) upon the dissolution and winding up of the limited partnership's activities the net amount otherwise distributable to the transferor. (c) In a dissolution and winding up, a transferee is entitled to an account of the limited partnership's transactions only from the date of dissolution. (d) Upon transfer, the transferor retains the rights of a partner other than the interest in distributions transferred and retains all duties and obligations of a partner. (e) A limited partnership need not give effect to a transferee's rights under this section until the limited partnership has notice of the transfer. (f) A transfer of a partner's transferable interest in the limited partnership in violation of a restriction on transfer contained in the partnership agreement is ineffective as to a person having notice of the restriction at the time of transfer. (g) A transferee that becomes a partner with respect to a transferable interest is liable for the transferor's obligations under §§ 4-47-502 and 4-47-509 . However, the transferee is not obligated for liabilities unknown to the transferee at the time the transferee became a partner. Acts 2007, No. 15, § 1.

(a) A transfer, in whole or in part, of a partner's transferable interest: (1) is permissible; (2) does not by itself cause the partner's dissociation or a dissolution and winding up of the limited partnership's activities; and (3) does not, as against the other partners or the limited partnership, entitle the transferee to participate in the management or conduct of the limited partnership's activities, to require access to information concerning the limited partnership's transactions except as otherwise provided in subsection (c), or to inspect or copy the required information or the limited partnership's other records.

(1) is permissible;

(2) does not by itself cause the partner's dissociation or a dissolution and winding up of the limited partnership's activities; and

(3) does not, as against the other partners or the limited partnership, entitle the transferee to participate in the management or conduct of the limited partnership's activities, to require access to information concerning the limited partnership's transactions except as otherwise provided in subsection (c), or to inspect or copy the required information or the limited partnership's other records.

(b) A transferee has a right to receive, in accordance with the transfer: (1) distributions to which the transferor would otherwise be entitled; and (2) upon the dissolution and winding up of the limited partnership's activities the net amount otherwise distributable to the transferor.

(1) distributions to which the transferor would otherwise be entitled; and

(2) upon the dissolution and winding up of the limited partnership's activities the net amount otherwise distributable to the transferor.

(c) In a dissolution and winding up, a transferee is entitled to an account of the limited partnership's transactions only from the date of dissolution.

(d) Upon transfer, the transferor retains the rights of a partner other than the interest in distributions transferred and retains all duties and obligations of a partner.

(e) A limited partnership need not give effect to a transferee's rights under this section until the limited partnership has notice of the transfer.

(f) A transfer of a partner's transferable interest in the limited partnership in violation of a restriction on transfer contained in the partnership agreement is ineffective as to a person having notice of the restriction at the time of transfer.

(g) A transferee that becomes a partner with respect to a transferable interest is liable for the transferor's obligations under §§ 4-47-502 and 4-47-509 . However, the transferee is not obligated for liabilities unknown to the transferee at the time the transferee became a partner.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-47-1103 — AR Code / Title 4 / Chapter 47 / Subchapter 11 / Section 4-47-1103
Action on plan of conversion by converting limited partnership
Status: in_force

(a) Subject to § 4-47-1110 , a plan of conversion must be consented to by all the partners of a converting limited partnership. (b) Subject to § 4-47-1110 and any contractual rights, after a conversion is approved, and at any time before a filing is made under § 4-47-1104 , a converting limited partnership may amend the plan or abandon the planned conversion: (1) as provided in the plan; and (2) except as prohibited by the plan, by the same consent as was required to approve the plan. Acts 2007, No. 15, § 1.

(a) Subject to § 4-47-1110 , a plan of conversion must be consented to by all the partners of a converting limited partnership.

(b) Subject to § 4-47-1110 and any contractual rights, after a conversion is approved, and at any time before a filing is made under § 4-47-1104 , a converting limited partnership may amend the plan or abandon the planned conversion: (1) as provided in the plan; and (2) except as prohibited by the plan, by the same consent as was required to approve the plan.

(1) as provided in the plan; and

(2) except as prohibited by the plan, by the same consent as was required to approve the plan.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-102-101 — AR Code / Title 4 / Chapter 102 / Section 4-102-101
Legislative finding, declaration, and intent
Status: in_force

(a) The General Assembly has become aware of the avalanche of sweepstakes, contests, and prize promotions that have been and are being directed at Arkansas consumers and recognizes that consumers are often misled by these sweepstakes, contests, and prize promotions. The General Assembly also recognizes that Arkansas consumers have paid hundreds of thousands of dollars to sweepstakes, contests, and prize promoters based upon misrepresentations by those promoters to Arkansas consumers. Many of the sweepstakes, contests, and prize promotions are artfully crafted to lead Arkansas consumers to believe that they have been selected to receive valuable prizes, when such is not the case. The promotions often mislead Arkansas consumers as to the value of the prizes. The promotions often mislead Arkansas consumers as to their chances to receive the prize. The promotions often mislead Arkansas consumers to believe that they must purchase the promoter's product, or otherwise pay to the promoter sums of money in order to be eligible to receive the prize, or that the likelihood that the prize to be awarded will be increased, or that the consumer's application for the prize will receive special handling if the consumer purchases the promoter's product. These sweepstakes, contests, and prize promoters prey particularly upon elderly Arkansas consumers. (b) It is the intent of the General Assembly through the enactment of this chapter to require that Arkansas consumers be provided with all relevant information necessary to make an informed decision concerning sweepstakes, contests, and prize promotions. It is also the intent of the General Assembly to prohibit misleading and deceptive prize promotions. This chapter shall be construed liberally in order to achieve this purpose. Acts 1995, No. 736, § 9.

(a) The General Assembly has become aware of the avalanche of sweepstakes, contests, and prize promotions that have been and are being directed at Arkansas consumers and recognizes that consumers are often misled by these sweepstakes, contests, and prize promotions. The General Assembly also recognizes that Arkansas consumers have paid hundreds of thousands of dollars to sweepstakes, contests, and prize promoters based upon misrepresentations by those promoters to Arkansas consumers. Many of the sweepstakes, contests, and prize promotions are artfully crafted to lead Arkansas consumers to believe that they have been selected to receive valuable prizes, when such is not the case. The promotions often mislead Arkansas consumers as to the value of the prizes. The promotions often mislead Arkansas consumers as to their chances to receive the prize. The promotions often mislead Arkansas consumers to believe that they must purchase the promoter's product, or otherwise pay to the promoter sums of money in order to be eligible to receive the prize, or that the likelihood that the prize to be awarded will be increased, or that the consumer's application for the prize will receive special handling if the consumer purchases the promoter's product. These sweepstakes, contests, and prize promoters prey particularly upon elderly Arkansas consumers.

(b) It is the intent of the General Assembly through the enactment of this chapter to require that Arkansas consumers be provided with all relevant information necessary to make an informed decision concerning sweepstakes, contests, and prize promotions. It is also the intent of the General Assembly to prohibit misleading and deceptive prize promotions. This chapter shall be construed liberally in order to achieve this purpose.

Acts 1995, No. 736, § 9.
Ark. Code Ann. § 4-33-1103 — AR Code / Title 4 / Chapter 33 / Subchapter 11 / Section 4-33-1103
Action on plan by board, members and third persons
Status: in_force

(a) Unless this chapter, the articles, bylaws or the board of directors or members (acting pursuant to subsection (c) of this section) require a greater vote or voting by class, a plan of merger to be adopted must be approved: (1) by the board; (2) by the members, if any, by two-thirds (2/3) of the votes cast or a majority of the voting power, whichever is less; and (3) in writing by any person or persons whose approval is required by a provision of the articles authorized by § 4-33-1030 for an amendment to the articles or bylaws. (b) If the corporation does not have members, the merger must be approved by a majority of the directors in office at the time the merger is approved. In addition the corporation shall provide notice of any directors' meeting at which such approval is to be obtained in accordance with § 4-33-822(c) . The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the proposed merger. (c) The board may condition its submission of the proposed merger, and the members may condition their approval of the merger, on receipt of a higher percentage of affirmative votes or on any other basis. (d) If the board seeks to have the plan approved by the members at a membership meeting, the corporation shall give notice to its members of the proposed membership meeting in accordance with § 4-33-705 . The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the plan of merger and contain or be accompanied by a copy or summary of the plan. The copy or summary of the plan for members of the surviving corporation shall include any provision that, if contained in a proposed amendment of the articles of incorporation or bylaws, would entitle members to vote on the provision. The copy or summary of the plan for members of the disappearing corporation shall include a copy or summary of the articles and bylaws that will be in effect immediately after the merger takes effect. (e) If the board seeks to have the plan approved by the members by written consent or written ballot, the material soliciting the approval shall contain or be accompanied by a copy or summary of the plan. The copy or summary of the plan for members of the surviving corporation shall include any provision that, if contained in a proposed amendment to the articles of incorporation or bylaws, would entitle members to vote on the provision. The copy or summary of the plan for members of the disappearing corporation shall include a copy or summary of the articles and bylaws that will be in effect immediately after the merger takes effect. (f) Voting by a class of members is required on a plan of merger if the plan contains a provision that, if contained in a proposed amendment to articles of incorporation or bylaws, would entitle the class of members to vote as a class on the proposed amendment under §§ 4-33-1004 or 4-33-1022 . The plan is approved by a class of members by two-thirds (2/3) of the votes cast by the class or a majority of the voting power of the class, whichever is less. (g) After a merger is adopted, and at any time before articles of merger are filed, the planned merger may be abandoned (subject to any contractual rights) without further action by members or other persons who approved the plan in accordance with the procedure set forth in the plan of merger or, if none is set forth, in the manner determined by the board of directors. Acts 1993, No. 1147, § 1103.

(a) Unless this chapter, the articles, bylaws or the board of directors or members (acting pursuant to subsection (c) of this section) require a greater vote or voting by class, a plan of merger to be adopted must be approved: (1) by the board; (2) by the members, if any, by two-thirds (2/3) of the votes cast or a majority of the voting power, whichever is less; and (3) in writing by any person or persons whose approval is required by a provision of the articles authorized by § 4-33-1030 for an amendment to the articles or bylaws.

(1) by the board;

(2) by the members, if any, by two-thirds (2/3) of the votes cast or a majority of the voting power, whichever is less; and

(3) in writing by any person or persons whose approval is required by a provision of the articles authorized by § 4-33-1030 for an amendment to the articles or bylaws.

(b) If the corporation does not have members, the merger must be approved by a majority of the directors in office at the time the merger is approved. In addition the corporation shall provide notice of any directors' meeting at which such approval is to be obtained in accordance with § 4-33-822(c) . The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the proposed merger.

(c) The board may condition its submission of the proposed merger, and the members may condition their approval of the merger, on receipt of a higher percentage of affirmative votes or on any other basis.

(d) If the board seeks to have the plan approved by the members at a membership meeting, the corporation shall give notice to its members of the proposed membership meeting in accordance with § 4-33-705 . The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the plan of merger and contain or be accompanied by a copy or summary of the plan. The copy or summary of the plan for members of the surviving corporation shall include any provision that, if contained in a proposed amendment of the articles of incorporation or bylaws, would entitle members to vote on the provision. The copy or summary of the plan for members of the disappearing corporation shall include a copy or summary of the articles and bylaws that will be in effect immediately after the merger takes effect.

(e) If the board seeks to have the plan approved by the members by written consent or written ballot, the material soliciting the approval shall contain or be accompanied by a copy or summary of the plan. The copy or summary of the plan for members of the surviving corporation shall include any provision that, if contained in a proposed amendment to the articles of incorporation or bylaws, would entitle members to vote on the provision. The copy or summary of the plan for members of the disappearing corporation shall include a copy or summary of the articles and bylaws that will be in effect immediately after the merger takes effect.

(f) Voting by a class of members is required on a plan of merger if the plan contains a provision that, if contained in a proposed amendment to articles of incorporation or bylaws, would entitle the class of members to vote as a class on the proposed amendment under §§ 4-33-1004 or 4-33-1022 . The plan is approved by a class of members by two-thirds (2/3) of the votes cast by the class or a majority of the voting power of the class, whichever is less.

(g) After a merger is adopted, and at any time before articles of merger are filed, the planned merger may be abandoned (subject to any contractual rights) without further action by members or other persons who approved the plan in accordance with the procedure set forth in the plan of merger or, if none is set forth, in the manner determined by the board of directors.

Acts 1993, No. 1147, § 1103.
Ark. Code Ann. § 4-90-702 — AR Code / Title 4 / Chapter 90 / Subchapter 7 / Section 4-90-702
Requiring borrower to purchase debt cancellation agreement prohibited
Status: in_force

A lender shall not require a borrower to purchase a debt cancellation agreement. Acts 2007, No. 496, § 22.

A lender shall not require a borrower to purchase a debt cancellation agreement.

Acts 2007, No. 496, § 22.
Ark. Code Ann. § 4-38-1104 — AR Code / Title 4 / Chapter 38 / Subchapter 11 / Section 4-38-1104
Filing, service, and copying fees
Status: in_force

(a) The Secretary of State shall collect the following fees when the documents described in this subsection are delivered to him or her for filing: DOCUMENT FEE (1) Certificate of organization ............... $50.00 (2) Application for use of indistinguishable name ............... 25.00 (3) Application for reserved name ............... 25.00 (4) Notice of transfer of reserved name ............... 25.00 (5) Amendment of certificate of organization ............... 25.00 (6) Restatement of certificate of organization withamendment of certificate of organization ............... 25.00 (7) Articles of merger or share exchange ............... 50.00 (8) Articles of dissolution ............... 50.00 (9) Certificate of judicial dissolution ............... No fee (10) Application for certificate of authority byforeign limited liability company ............... 300.00 (11) Application for amended certificate of authorityby foreign limited liability company ............... 300.00 (12) Application for certificate of withdrawal byforeign limited liability company ............... 50.00 (13) Certificate of revocation of authority totransact business ............... No fee (14) Articles of correction ............... 30.00 (15) Application for certificate of existence orauthorization by domestic limited liability company ............... 15.00 (16) Annual report ............... No fee (17) Registration of foreign name ............... 50.00 (18) Any other document required or permitted tobe filed by this chapter ............... 25.00 (19) Application of foreign limited liability companyto move domicile to Arkansas ............... 300.00 (b) (1) The Secretary of State shall collect a fee of twenty-five dollars each time process is served on him or her under this chapter. (2) The party to a proceeding causing service of process is entitled to recover the process fee as costs if the party prevails in the proceeding. (c) The Secretary of State shall collect the following fees for copying and certifying the copy of any filed document relating to a domestic or foreign limited liability company: (1) fifty cents a page for copying with a minimum charge of two dollars and fifty cents; and (2) five dollars for the certificate. (d) The Secretary of State shall collect the following fees when the documents described in this subsection are delivered to him or her by electronic means: DOCUMENT FEE PROCESSING FEE (1) Certificate of organization for domestic limited liability company ...................................................... $40.00 ........................... $5.00 (2) Certificate of amendment to certificate of organization for a domestic limited liability company ....................................................... $18.50 ........................... $4.00 (3) Application for reservation of limited liability company name ........................................................... $18.50 ........................... $4.00 (4) Notice of transfer of reserved name ............................................................................................. $18.50 ........................... $4.00 (5) Application for certificate of registration of foreign limited liability company ............................................................................ $258.00 ......................... $12.00 (6) Application for amended certificate of authority by foreign limited liability company .................................................................. $258.00 ......................... $12.00 (7) Application for fictitious name for foreign limited liability company ........................................................................................ $18.50 ........................... $4.00 (8) For any other document not listed above, the cost for electronic filing is: (A) four dollars for the processing fee when the filing fee is zero dollars to fifty dollars; (B) five dollars for the processing fee when the filing fee is fifty-one dollars to ninety-nine dollars; (C) ten dollars for the processing fee when the filing fee is one hundred dol lars; and lars to two hundred ninety-nine dollars; and (D) twelve dollars for the processing fee when the filing fee is three hundred dollars or more. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

(a) The Secretary of State shall collect the following fees when the documents described in this subsection are delivered to him or her for filing: DOCUMENT FEE (1) Certificate of organization ............... $50.00 (2) Application for use of indistinguishable name ............... 25.00 (3) Application for reserved name ............... 25.00 (4) Notice of transfer of reserved name ............... 25.00 (5) Amendment of certificate of organization ............... 25.00 (6) Restatement of certificate of organization withamendment of certificate of organization ............... 25.00 (7) Articles of merger or share exchange ............... 50.00 (8) Articles of dissolution ............... 50.00 (9) Certificate of judicial dissolution ............... No fee (10) Application for certificate of authority byforeign limited liability company ............... 300.00 (11) Application for amended certificate of authorityby foreign limited liability company ............... 300.00 (12) Application for certificate of withdrawal byforeign limited liability company ............... 50.00 (13) Certificate of revocation of authority totransact business ............... No fee (14) Articles of correction ............... 30.00 (15) Application for certificate of existence orauthorization by domestic limited liability company ............... 15.00 (16) Annual report ............... No fee (17) Registration of foreign name ............... 50.00 (18) Any other document required or permitted tobe filed by this chapter ............... 25.00 (19) Application of foreign limited liability companyto move domicile to Arkansas ............... 300.00

DOCUMENT FEE (1) Certificate of organization ............... $50.00 (2) Application for use of indistinguishable name ............... 25.00 (3) Application for reserved name ............... 25.00 (4) Notice of transfer of reserved name ............... 25.00 (5) Amendment of certificate of organization ............... 25.00 (6) Restatement of certificate of organization withamendment of certificate of organization ............... 25.00 (7) Articles of merger or share exchange ............... 50.00 (8) Articles of dissolution ............... 50.00 (9) Certificate of judicial dissolution ............... No fee (10) Application for certificate of authority byforeign limited liability company ............... 300.00 (11) Application for amended certificate of authorityby foreign limited liability company ............... 300.00 (12) Application for certificate of withdrawal byforeign limited liability company ............... 50.00 (13) Certificate of revocation of authority totransact business ............... No fee (14) Articles of correction ............... 30.00 (15) Application for certificate of existence orauthorization by domestic limited liability company ............... 15.00 (16) Annual report ............... No fee (17) Registration of foreign name ............... 50.00 (18) Any other document required or permitted tobe filed by this chapter ............... 25.00 (19) Application of foreign limited liability companyto move domicile to Arkansas ............... 300.00

DOCUMENT

FEE

(1) Certificate of organization ...............

$50.00

(2) Application for use of indistinguishable name ...............

25.00

(3) Application for reserved name ...............

25.00

(4) Notice of transfer of reserved name ...............

25.00

(5) Amendment of certificate of organization ...............

25.00

(6) Restatement of certificate of organization withamendment of certificate of organization ...............

25.00

(7) Articles of merger or share exchange ...............

50.00

(8) Articles of dissolution ...............

50.00

(9) Certificate of judicial dissolution ...............

No fee

(10) Application for certificate of authority byforeign limited liability company ...............

300.00

(11) Application for amended certificate of authorityby foreign limited liability company ...............

300.00

(12) Application for certificate of withdrawal byforeign limited liability company ...............

50.00

(13) Certificate of revocation of authority totransact business ...............

No fee

(14) Articles of correction ...............

30.00

(15) Application for certificate of existence orauthorization by domestic limited liability company ...............

15.00

(16) Annual report ...............

No fee

(17) Registration of foreign name ...............

50.00

(18) Any other document required or permitted tobe filed by this chapter ...............

25.00

(19) Application of foreign limited liability companyto move domicile to Arkansas ...............

300.00

(b) (1) The Secretary of State shall collect a fee of twenty-five dollars each time process is served on him or her under this chapter. (2) The party to a proceeding causing service of process is entitled to recover the process fee as costs if the party prevails in the proceeding.

(1) The Secretary of State shall collect a fee of twenty-five dollars each time process is served on him or her under this chapter.

(2) The party to a proceeding causing service of process is entitled to recover the process fee as costs if the party prevails in the proceeding.

(c) The Secretary of State shall collect the following fees for copying and certifying the copy of any filed document relating to a domestic or foreign limited liability company: (1) fifty cents a page for copying with a minimum charge of two dollars and fifty cents; and (2) five dollars for the certificate.

(1) fifty cents a page for copying with a minimum charge of two dollars and fifty cents; and

(2) five dollars for the certificate.

(d) The Secretary of State shall collect the following fees when the documents described in this subsection are delivered to him or her by electronic means: DOCUMENT FEE PROCESSING FEE (1) Certificate of organization for domestic limited liability company ...................................................... $40.00 ........................... $5.00 (2) Certificate of amendment to certificate of organization for a domestic limited liability company ....................................................... $18.50 ........................... $4.00 (3) Application for reservation of limited liability company name ........................................................... $18.50 ........................... $4.00 (4) Notice of transfer of reserved name ............................................................................................. $18.50 ........................... $4.00 (5) Application for certificate of registration of foreign limited liability company ............................................................................ $258.00 ......................... $12.00 (6) Application for amended certificate of authority by foreign limited liability company .................................................................. $258.00 ......................... $12.00 (7) Application for fictitious name for foreign limited liability company ........................................................................................ $18.50 ........................... $4.00 (8) For any other document not listed above, the cost for electronic filing is: (A) four dollars for the processing fee when the filing fee is zero dollars to fifty dollars; (B) five dollars for the processing fee when the filing fee is fifty-one dollars to ninety-nine dollars; (C) ten dollars for the processing fee when the filing fee is one hundred dol lars; and lars to two hundred ninety-nine dollars; and (D) twelve dollars for the processing fee when the filing fee is three hundred dollars or more.

DOCUMENT FEE PROCESSING FEE (1) Certificate of organization for domestic limited liability company ...................................................... $40.00 ........................... $5.00 (2) Certificate of amendment to certificate of organization for a domestic limited liability company ....................................................... $18.50 ........................... $4.00 (3) Application for reservation of limited liability company name ........................................................... $18.50 ........................... $4.00 (4) Notice of transfer of reserved name ............................................................................................. $18.50 ........................... $4.00 (5) Application for certificate of registration of foreign limited liability company ............................................................................ $258.00 ......................... $12.00 (6) Application for amended certificate of authority by foreign limited liability company .................................................................. $258.00 ......................... $12.00 (7) Application for fictitious name for foreign limited liability company ........................................................................................ $18.50 ........................... $4.00 (8) For any other document not listed above, the cost for electronic filing is: (A) four dollars for the processing fee when the filing fee is zero dollars to fifty dollars; (B) five dollars for the processing fee when the filing fee is fifty-one dollars to ninety-nine dollars; (C) ten dollars for the processing fee when the filing fee is one hundred dol lars; and lars to two hundred ninety-nine dollars; and (D) twelve dollars for the processing fee when the filing fee is three hundred dollars or more.

DOCUMENT

FEE

PROCESSING FEE

(1) Certificate of organization for domestic limited liability company ......................................................

$40.00

........................... $5.00

(2) Certificate of amendment to certificate of organization for a domestic limited liability company .......................................................

$18.50

........................... $4.00

(3) Application for reservation of limited liability company name ...........................................................

$18.50

........................... $4.00

(4) Notice of transfer of reserved name .............................................................................................

$18.50

........................... $4.00

(5) Application for certificate of registration of foreign limited liability company ............................................................................

$258.00

......................... $12.00

(6) Application for amended certificate of authority by foreign limited liability company ..................................................................

$258.00

......................... $12.00

(7) Application for fictitious name for foreign limited liability company ........................................................................................

$18.50

........................... $4.00

(8) For any other document not listed above, the cost for electronic filing is:

(A) four dollars for the processing fee when the filing fee is zero dollars to fifty dollars;

(B) five dollars for the processing fee when the filing fee is fifty-one dollars to ninety-nine dollars;

(C) ten dollars for the processing fee when the filing fee is one hundred dol lars; and lars to two hundred ninety-nine dollars; and

(D) twelve dollars for the processing fee when the filing fee is three hundred dollars or more.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-75-1301 — AR Code / Title 4 / Chapter 75 / Subchapter 13 / Section 4-75-1301
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Student-Athlete Publicity Rights Act". Added by Act 2021, No. 810,§ 1, eff. 1/1/2022.

This subchapter shall be known and may be cited as the "Arkansas Student-Athlete Publicity Rights Act".

Added by Act 2021, No. 810,§ 1, eff. 1/1/2022.
Ark. Code Ann. § 4-47-1002 — AR Code / Title 4 / Chapter 47 / Subchapter 10 / Section 4-47-1002
Derivative action
Status: in_force

A partner may maintain a derivative action to enforce a right of a limited partnership if: (1) the partner first makes a demand on the general partners, requesting that they cause the limited partnership to bring an action to enforce the right, and the general partners do not bring the action within a reasonable time; or (2) a demand would be futile. Acts 2007, No. 15, § 1.

A partner may maintain a derivative action to enforce a right of a limited partnership if:

(1) the partner first makes a demand on the general partners, requesting that they cause the limited partnership to bring an action to enforce the right, and the general partners do not bring the action within a reasonable time; or

(2) a demand would be futile.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-75-316 — AR Code / Title 4 / Chapter 75 / Subchapter 3 / Section 4-75-316
Person defined
Status: in_force

Unless otherwise defined, for purposes of this subchapter, "person" means any natural person, corporation, firm, partnership, limited partnership, trust, association, or any other legal or commercial entity. Acts 2003, No. 1172, § 2.

Unless otherwise defined, for purposes of this subchapter, "person" means any natural person, corporation, firm, partnership, limited partnership, trust, association, or any other legal or commercial entity.

Acts 2003, No. 1172, § 2.
Ark. Code Ann. § 4-26-1203 — AR Code / Title 4 / Chapter 26 / Subchapter 12 / Section 4-26-1203
Fees - County clerk
Status: in_force

The fees of the county clerk for services under this chapter shall be: (1) For filing articles of incorporation, articles of amendment, or any other document he or she is required to file under this chapter, twenty-five dollars ($25.00); (2) For recording any document he or she is required to record hereunder, one dollar ($1.00) per page for the first three (3) pages of the manuscript filed for record and fifty cents (50¢) for each additional page. The Secretary of State's certificate shall be considered as one (1) page; the fee for a partial page shall be the same as the fee for a full page; (3) For every certificate, fifty cents (50¢); (4) For indexing each record or file, ten cents (10¢); (5) For any services under this chapter not covered by this section, the clerk's fees shall be governed by the then-applicable scale fixed by law for his or her office. Acts 1965, No. 576, § 97; A.S.A. 1947, § 64-1002.

The fees of the county clerk for services under this chapter shall be:

(1) For filing articles of incorporation, articles of amendment, or any other document he or she is required to file under this chapter, twenty-five dollars ($25.00);

(2) For recording any document he or she is required to record hereunder, one dollar ($1.00) per page for the first three (3) pages of the manuscript filed for record and fifty cents (50¢) for each additional page. The Secretary of State's certificate shall be considered as one (1) page; the fee for a partial page shall be the same as the fee for a full page;

(3) For every certificate, fifty cents (50¢);

(4) For indexing each record or file, ten cents (10¢);

(5) For any services under this chapter not covered by this section, the clerk's fees shall be governed by the then-applicable scale fixed by law for his or her office.

Acts 1965, No. 576, § 97; A.S.A. 1947, § 64-1002.
Ark. Code Ann. § 4-28-615 — AR Code / Title 4 / Chapter 28 / Subchapter 6 / Section 4-28-615
Member not agent
Status: in_force

A member is not an agent of the association solely by reason of being a member. Acts 2011, No. 202, § 2.

A member is not an agent of the association solely by reason of being a member.

Acts 2011, No. 202, § 2.
Ark. Code Ann. § 4-28-623 — AR Code / Title 4 / Chapter 28 / Subchapter 6 / Section 4-28-623
Duties of managers
Status: in_force

(a) A manager owes to the unincorporated nonprofit association and to its members the fiduciary duties of loyalty and care. (b) A manager shall manage the unincorporated nonprofit association in good faith, in a manner the manager reasonably believes to be in the best interests of the association, and with such care, including reasonable inquiry, as a prudent person would reasonably exercise in a similar position and under similar circumstances. A manager may rely in good faith upon any opinion, report, statement, or other information provided by another person that the manager reasonably believes is a competent and reliable source for the information. (c) After full disclosure of all material facts, a specific act or transaction that would otherwise violate the duty of loyalty by a manager may be authorized or ratified by a majority of the members that are not interested directly or indirectly in the act or transaction. (d) A manager that makes a business judgment in good faith satisfies the duties specified in subsection (a) if the manager: (1) is not interested, directly or indirectly, in the subject of the business judgment and is otherwise able to exercise independent judgment; (2) is informed with respect to the subject of the business judgment to the extent the manager reasonably believes to be appropriate under the circumstances; and (3) believes that the business judgment is in the best interests of the unincorporated nonprofit association and in accordance with its purposes. (e) The governing principles in a record may limit or eliminate the liability of a manager to the unincorporated nonprofit association or its members for damages for any action taken, or for failure to take any action, as a manager, except liability for: (1) the amount of financial benefit improperly received by a manager; (2) an intentional infliction of harm on the association or one or more of its members; (3) an intentional violation of criminal law; (4) breach of the duty of loyalty; or (5) improper distributions. Acts 2011, No. 202, § 2.

(a) A manager owes to the unincorporated nonprofit association and to its members the fiduciary duties of loyalty and care.

(b) A manager shall manage the unincorporated nonprofit association in good faith, in a manner the manager reasonably believes to be in the best interests of the association, and with such care, including reasonable inquiry, as a prudent person would reasonably exercise in a similar position and under similar circumstances. A manager may rely in good faith upon any opinion, report, statement, or other information provided by another person that the manager reasonably believes is a competent and reliable source for the information.

(c) After full disclosure of all material facts, a specific act or transaction that would otherwise violate the duty of loyalty by a manager may be authorized or ratified by a majority of the members that are not interested directly or indirectly in the act or transaction.

(d) A manager that makes a business judgment in good faith satisfies the duties specified in subsection (a) if the manager: (1) is not interested, directly or indirectly, in the subject of the business judgment and is otherwise able to exercise independent judgment; (2) is informed with respect to the subject of the business judgment to the extent the manager reasonably believes to be appropriate under the circumstances; and (3) believes that the business judgment is in the best interests of the unincorporated nonprofit association and in accordance with its purposes.

(1) is not interested, directly or indirectly, in the subject of the business judgment and is otherwise able to exercise independent judgment;

(2) is informed with respect to the subject of the business judgment to the extent the manager reasonably believes to be appropriate under the circumstances; and

(3) believes that the business judgment is in the best interests of the unincorporated nonprofit association and in accordance with its purposes.

(e) The governing principles in a record may limit or eliminate the liability of a manager to the unincorporated nonprofit association or its members for damages for any action taken, or for failure to take any action, as a manager, except liability for: (1) the amount of financial benefit improperly received by a manager; (2) an intentional infliction of harm on the association or one or more of its members; (3) an intentional violation of criminal law; (4) breach of the duty of loyalty; or (5) improper distributions.

(1) the amount of financial benefit improperly received by a manager;

(2) an intentional infliction of harm on the association or one or more of its members;

(3) an intentional violation of criminal law;

(4) breach of the duty of loyalty; or

(5) improper distributions.

Acts 2011, No. 202, § 2.
Ark. Code Ann. § 4-18-340 — AR Code / Title 4 / Chapter 18 / Subchapter 3 / Section 4-18-340
Investigations
Status: in_force

The Director of the Arkansas Bureau of Standards shall investigate complaints made to him or her concerning violations of this subchapter and upon his or her own initiative shall: (1) Conduct investigations as he or she deems appropriate and advisable to develop information on prevailing procedures in commercial quantity determination and on possible violations of the provisions of this subchapter; and (2) Promote the general objective of accuracy and correctness in the determination and representation of quantity in commercial transactions. Acts 2005, No. 914, § 5.

The Director of the Arkansas Bureau of Standards shall investigate complaints made to him or her concerning violations of this subchapter and upon his or her own initiative shall:

(1) Conduct investigations as he or she deems appropriate and advisable to develop information on prevailing procedures in commercial quantity determination and on possible violations of the provisions of this subchapter; and

(2) Promote the general objective of accuracy and correctness in the determination and representation of quantity in commercial transactions.

Acts 2005, No. 914, § 5.
Ark. Code Ann. § 4-109-104 — AR Code / Title 4 / Chapter 109 / Section 4-109-104
Exceptions
Status: in_force

This chapter does not apply to an attorney licensed in this state. Acts 2005, No. 66, § 1.

This chapter does not apply to an attorney licensed in this state.

Acts 2005, No. 66, § 1.
Ark. Code Ann. § 4-47-803 — AR Code / Title 4 / Chapter 47 / Subchapter 8 / Section 4-47-803
Winding up
Status: in_force

(a) A limited partnership continues after dissolution only for the purpose of winding up its activities. (b) In winding up its activities, the limited partnership: (1) may amend its certificate of limited partnership to state that the limited partnership is dissolved, preserve the limited partnership business or property as a going concern for a reasonable time, prosecute and defend actions and proceedings, whether civil, criminal, or administrative, transfer the limited partnership's property, settle disputes by mediation or arbitration, file a statement of termination as provided in § 4-47-203 , and perform other necessary acts; and (2) shall discharge the limited partnership's liabilities, settle and close the limited partnership's activities, and marshal and distribute the assets of the partnership. (c) If a dissolved limited partnership does not have a general partner, a person to wind up the dissolved limited partnership's activities may be appointed by the consent of limited partners owning a majority of the rights to receive distributions as limited partners at the time the consent is to be effective. A person appointed under this subsection: (1) has the powers of a general partner under § 4-47-804 ; and (2) shall promptly amend the certificate of limited partnership to state: (A) that the limited partnership does not have a general partner; (B) the name of the person that has been appointed to wind up the limited partnership; and (C) the street and mailing address of the person. (d) On the application of any partner, the circuit court may order judicial supervision of the winding up, including the appointment of a person to wind up the dissolved limited partnership's activities, if: (1) a limited partnership does not have a general partner and within a reasonable time following the dissolution no person has been appointed pursuant to subsection (c); or (2) the applicant establishes other good cause. Acts 2007, No. 15, § 1.

(a) A limited partnership continues after dissolution only for the purpose of winding up its activities.

(b) In winding up its activities, the limited partnership: (1) may amend its certificate of limited partnership to state that the limited partnership is dissolved, preserve the limited partnership business or property as a going concern for a reasonable time, prosecute and defend actions and proceedings, whether civil, criminal, or administrative, transfer the limited partnership's property, settle disputes by mediation or arbitration, file a statement of termination as provided in § 4-47-203 , and perform other necessary acts; and (2) shall discharge the limited partnership's liabilities, settle and close the limited partnership's activities, and marshal and distribute the assets of the partnership.

(1) may amend its certificate of limited partnership to state that the limited partnership is dissolved, preserve the limited partnership business or property as a going concern for a reasonable time, prosecute and defend actions and proceedings, whether civil, criminal, or administrative, transfer the limited partnership's property, settle disputes by mediation or arbitration, file a statement of termination as provided in § 4-47-203 , and perform other necessary acts; and

(2) shall discharge the limited partnership's liabilities, settle and close the limited partnership's activities, and marshal and distribute the assets of the partnership.

(c) If a dissolved limited partnership does not have a general partner, a person to wind up the dissolved limited partnership's activities may be appointed by the consent of limited partners owning a majority of the rights to receive distributions as limited partners at the time the consent is to be effective. A person appointed under this subsection: (1) has the powers of a general partner under § 4-47-804 ; and (2) shall promptly amend the certificate of limited partnership to state: (A) that the limited partnership does not have a general partner; (B) the name of the person that has been appointed to wind up the limited partnership; and (C) the street and mailing address of the person.

(1) has the powers of a general partner under § 4-47-804 ; and

(2) shall promptly amend the certificate of limited partnership to state: (A) that the limited partnership does not have a general partner; (B) the name of the person that has been appointed to wind up the limited partnership; and (C) the street and mailing address of the person.

(A) that the limited partnership does not have a general partner;

(B) the name of the person that has been appointed to wind up the limited partnership; and

(C) the street and mailing address of the person.

(d) On the application of any partner, the circuit court may order judicial supervision of the winding up, including the appointment of a person to wind up the dissolved limited partnership's activities, if: (1) a limited partnership does not have a general partner and within a reasonable time following the dissolution no person has been appointed pursuant to subsection (c); or (2) the applicant establishes other good cause.

(1) a limited partnership does not have a general partner and within a reasonable time following the dissolution no person has been appointed pursuant to subsection (c); or

(2) the applicant establishes other good cause.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-75-407 — AR Code / Title 4 / Chapter 75 / Subchapter 4 / Section 4-75-407
Contracts violating subchapter void
Status: in_force

Any contract or agreement in violation of the provisions of this subchapter shall be absolutely void and shall not be enforceable either in law or equity. Acts 1937, No. 205, § 10; Pope's Dig., § 9428; A.S.A. 1947, § 70-139.

Any contract or agreement in violation of the provisions of this subchapter shall be absolutely void and shall not be enforceable either in law or equity.

Acts 1937, No. 205, § 10; Pope's Dig., § 9428; A.S.A. 1947, § 70-139.
Ark. Code Ann. § 4-38-912 — AR Code / Title 4 / Chapter 38 / Subchapter 9 / Section 4-38-912
Action by Attorney General
Status: in_force

The Attorney General may maintain an action to enjoin a foreign limited liability company from doing business in this state in violation of this subchapter. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

The Attorney General may maintain an action to enjoin a foreign limited liability company from doing business in this state in violation of this subchapter.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-75-708 — AR Code / Title 4 / Chapter 75 / Subchapter 7 / Section 4-75-708
Sales at less than cost, rebates, concessions, etc. - Penalty
Status: in_force

(a) It shall be unlawful for any wholesaler, retailer, or salesperson with intent to injure competitors or destroy or substantially lessen competition to advertise, offer to sell, or sell, at retail or wholesale, cigarettes at less than cost to the wholesaler or retailer, as the case may be. (b) (1) It is unlawful for any wholesaler, retailer, or salesperson to offer a rebate in price, to give a rebate in price, to offer a concession of any kind, or to give a concession of any kind or nature whatsoever in connection with the sale of cigarettes with intent to injure competitors or destroy or substantially lessen competition. (2) However, it is not unlawful under this section for a wholesaler to give a rebate if the rebate is paid by check or electronic direct deposit and does not result in a sale at less than the cost to the wholesaler according to § 4-75-702(5)(A) , less discounts that are received by the wholesaler from the manufacturer. (c) It shall be unlawful for any retail dealer to induce or attempt to induce or to procure or attempt to procure the purchase of cigarettes at a price less than cost to the wholesaler. (d) Any wholesaler, retailer, or salesperson who violates this section shall be guilty of a violation and upon conviction shall be subject to a fine of not more than five hundred dollars ($500). (e) The following shall be prima facie evidence of intent to injure competitors and destroy or substantially limit competition: (1) The advertisement, offer for sale, or sale of cigarettes by any wholesaler, retailer, or salesperson at less than cost to him or her; (2) Any offer of a rebate in price or the giving of a rebate in price or an offer of a concession or the giving of a concession of any kind in connection with the sale of cigarettes; or (3) Inducing or attempting to induce or procuring or attempting to procure the purchase of cigarettes at a price less than cost to the wholesaler or the retailer. Amended by Act 2021, No. 942,§ 2, eff. 7/28/2021. Acts 1951, No. 101, § 3; A.S.A. 1947, § 70-603; Acts 2003, No. 373, § 1; 2005, No. 1994, § 40.

(a) It shall be unlawful for any wholesaler, retailer, or salesperson with intent to injure competitors or destroy or substantially lessen competition to advertise, offer to sell, or sell, at retail or wholesale, cigarettes at less than cost to the wholesaler or retailer, as the case may be.

(b) (1) It is unlawful for any wholesaler, retailer, or salesperson to offer a rebate in price, to give a rebate in price, to offer a concession of any kind, or to give a concession of any kind or nature whatsoever in connection with the sale of cigarettes with intent to injure competitors or destroy or substantially lessen competition. (2) However, it is not unlawful under this section for a wholesaler to give a rebate if the rebate is paid by check or electronic direct deposit and does not result in a sale at less than the cost to the wholesaler according to § 4-75-702(5)(A) , less discounts that are received by the wholesaler from the manufacturer.

(1) It is unlawful for any wholesaler, retailer, or salesperson to offer a rebate in price, to give a rebate in price, to offer a concession of any kind, or to give a concession of any kind or nature whatsoever in connection with the sale of cigarettes with intent to injure competitors or destroy or substantially lessen competition.

(2) However, it is not unlawful under this section for a wholesaler to give a rebate if the rebate is paid by check or electronic direct deposit and does not result in a sale at less than the cost to the wholesaler according to § 4-75-702(5)(A) , less discounts that are received by the wholesaler from the manufacturer.

(c) It shall be unlawful for any retail dealer to induce or attempt to induce or to procure or attempt to procure the purchase of cigarettes at a price less than cost to the wholesaler.

(d) Any wholesaler, retailer, or salesperson who violates this section shall be guilty of a violation and upon conviction shall be subject to a fine of not more than five hundred dollars ($500).

(e) The following shall be prima facie evidence of intent to injure competitors and destroy or substantially limit competition: (1) The advertisement, offer for sale, or sale of cigarettes by any wholesaler, retailer, or salesperson at less than cost to him or her; (2) Any offer of a rebate in price or the giving of a rebate in price or an offer of a concession or the giving of a concession of any kind in connection with the sale of cigarettes; or (3) Inducing or attempting to induce or procuring or attempting to procure the purchase of cigarettes at a price less than cost to the wholesaler or the retailer.

(1) The advertisement, offer for sale, or sale of cigarettes by any wholesaler, retailer, or salesperson at less than cost to him or her;

(2) Any offer of a rebate in price or the giving of a rebate in price or an offer of a concession or the giving of a concession of any kind in connection with the sale of cigarettes; or

(3) Inducing or attempting to induce or procuring or attempting to procure the purchase of cigarettes at a price less than cost to the wholesaler or the retailer.

Amended by Act 2021, No. 942,§ 2, eff. 7/28/2021.

Acts 1951, No. 101, § 3; A.S.A. 1947, § 70-603; Acts 2003, No. 373, § 1; 2005, No. 1994, § 40.
Ark. Code Ann. § 4-34-106 — AR Code / Title 4 / Chapter 34 / Section 4-34-106
Applicability of laws
Status: in_force

(a) A corporation authorized by this chapter shall be subject to the provisions of the Arkansas Nonprofit Corporation Act of 1993, § 4-33-101 et seq., except to the extent that the provisions of the Arkansas Nonprofit Corporation Act of 1993, § 4-33-101 et seq., are in conflict with this chapter. (b) A corporation authorized by this chapter shall have the right to perpetual succession as a body politic and corporate. Acts 1999, No. 880, § 6.

(a) A corporation authorized by this chapter shall be subject to the provisions of the Arkansas Nonprofit Corporation Act of 1993, § 4-33-101 et seq., except to the extent that the provisions of the Arkansas Nonprofit Corporation Act of 1993, § 4-33-101 et seq., are in conflict with this chapter.

(b) A corporation authorized by this chapter shall have the right to perpetual succession as a body politic and corporate.

Acts 1999, No. 880, § 6.
Ark. Code Ann. § 4-99-401 — AR Code / Title 4 / Chapter 99 / Subchapter 4 / Section 4-99-401
Short title
Status: in_force

This subchapter shall be known as the "Arkansas Consumer Telephone Privacy Act". Acts 1999, No. 1465, § 1.

This subchapter shall be known as the "Arkansas Consumer Telephone Privacy Act".

Acts 1999, No. 1465, § 1.
Ark. Code Ann. § 4-26-102 — AR Code / Title 4 / Chapter 26 / Subchapter 1 / Section 4-26-102
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Corporation" or "domestic corporation" means a corporation for profit subject to the provisions of this chapter, except a foreign corporation; (2) "Foreign corporation" means a corporation for profit organized under laws other than the laws of this state for a purpose or purposes for which a corporation may be organized under this chapter; (3) "Articles of incorporation" means the original or restated articles of incorporation and all amendments thereto; (4) "Shares" means the units into which the proprietary interests in a corporation are divided; (5) "Subscriber" means one who subscribes for shares in a corporation, whether before or after incorporation; (6) "Shareholder" means one who is a holder of record of shares in a corporation; (7) "Authorized shares" means the shares of all classes which the corporation is authorized to issue; (8) "Treasury shares" means shares of a corporation which have been issued, have been subsequently acquired by and belong to the corporation, and have not been cancelled or restored to the status of authorized but unissued shares. Treasury shares shall be deemed to be "issued" shares, but shall not be considered as an asset of the corporation or as outstanding for dividend, quorum, voting, or other purposes; (9) "Net assets" means the amount by which the total assets of a corporation, excluding treasury shares, exceed the total debts of the corporation; (10) "Stated capital" means, at any particular time, the sum of: (A) The par value of all shares, including treasury shares, of the corporation having a par value that have been issued and have not been cancelled or redeemed; (B) The consideration fixed by the corporation in the manner provided by law for all shares, including treasury shares, of the corporation without par value that have been issued and have not been cancelled or redeemed, except that part of the consideration actually received therefor as may have been allocated to capital surplus in a manner permitted by law; and (C) Such amounts not included in subdivisions (10)(A) and (B) of this section as have been transferred to stated capital of the corporation, whether upon the issue of shares as a share dividend or otherwise, minus all reductions from such sum as have been effected in a manner permitted by law; (11) "Surplus" means the excess of the net assets of a corporation over its stated capital. "Surplus" shall be classified into "earned surplus" or "retained earnings" and "capital surplus"; and these classifications shall be shown separately on the books, balance sheets, and statements of the corporation; (12) "Insolvent" means inability of a corporation to pay its debts as they become due in the usual course of its business; (13) "Accrued preferential dividends" means the aggregate amount which, at any time, would be payable as dividends on shares having preference in respect to dividends before dividends can be paid to the holders of shares whose rights as to dividends are subordinate to this preference. For the purpose of this definition, a dividend is deemed paid if it has been declared, and funds for its payment have been set aside; (14) "Principal place of business", as used in this chapter, refers to the place in this state where the corporation maintains its principal business office; and the principal place of business may be different from the corporation's "registered office". Acts 1965, No. 576, § 2; A.S.A. 1947, § 64-102.

As used in this chapter, unless the context otherwise requires:

(1) "Corporation" or "domestic corporation" means a corporation for profit subject to the provisions of this chapter, except a foreign corporation;

(2) "Foreign corporation" means a corporation for profit organized under laws other than the laws of this state for a purpose or purposes for which a corporation may be organized under this chapter;

(3) "Articles of incorporation" means the original or restated articles of incorporation and all amendments thereto;

(4) "Shares" means the units into which the proprietary interests in a corporation are divided;

(5) "Subscriber" means one who subscribes for shares in a corporation, whether before or after incorporation;

(6) "Shareholder" means one who is a holder of record of shares in a corporation;

(7) "Authorized shares" means the shares of all classes which the corporation is authorized to issue;

(8) "Treasury shares" means shares of a corporation which have been issued, have been subsequently acquired by and belong to the corporation, and have not been cancelled or restored to the status of authorized but unissued shares. Treasury shares shall be deemed to be "issued" shares, but shall not be considered as an asset of the corporation or as outstanding for dividend, quorum, voting, or other purposes;

(9) "Net assets" means the amount by which the total assets of a corporation, excluding treasury shares, exceed the total debts of the corporation;

(10) "Stated capital" means, at any particular time, the sum of: (A) The par value of all shares, including treasury shares, of the corporation having a par value that have been issued and have not been cancelled or redeemed; (B) The consideration fixed by the corporation in the manner provided by law for all shares, including treasury shares, of the corporation without par value that have been issued and have not been cancelled or redeemed, except that part of the consideration actually received therefor as may have been allocated to capital surplus in a manner permitted by law; and (C) Such amounts not included in subdivisions (10)(A) and (B) of this section as have been transferred to stated capital of the corporation, whether upon the issue of shares as a share dividend or otherwise, minus all reductions from such sum as have been effected in a manner permitted by law;

(A) The par value of all shares, including treasury shares, of the corporation having a par value that have been issued and have not been cancelled or redeemed;

(B) The consideration fixed by the corporation in the manner provided by law for all shares, including treasury shares, of the corporation without par value that have been issued and have not been cancelled or redeemed, except that part of the consideration actually received therefor as may have been allocated to capital surplus in a manner permitted by law; and

(C) Such amounts not included in subdivisions (10)(A) and (B) of this section as have been transferred to stated capital of the corporation, whether upon the issue of shares as a share dividend or otherwise, minus all reductions from such sum as have been effected in a manner permitted by law;

(11) "Surplus" means the excess of the net assets of a corporation over its stated capital. "Surplus" shall be classified into "earned surplus" or "retained earnings" and "capital surplus"; and these classifications shall be shown separately on the books, balance sheets, and statements of the corporation;

(12) "Insolvent" means inability of a corporation to pay its debts as they become due in the usual course of its business;

(13) "Accrued preferential dividends" means the aggregate amount which, at any time, would be payable as dividends on shares having preference in respect to dividends before dividends can be paid to the holders of shares whose rights as to dividends are subordinate to this preference. For the purpose of this definition, a dividend is deemed paid if it has been declared, and funds for its payment have been set aside;

(14) "Principal place of business", as used in this chapter, refers to the place in this state where the corporation maintains its principal business office; and the principal place of business may be different from the corporation's "registered office".

Acts 1965, No. 576, § 2; A.S.A. 1947, § 64-102.
Ark. Code Ann. § 4-47-502 — AR Code / Title 4 / Chapter 47 / Subchapter 5 / Section 4-47-502
Liability for contribution
Status: in_force

(a) A partner's obligation to contribute money or other property or other benefit to, or to perform services for, a limited partnership is not excused by the partner's death, disability, or other inability to perform personally. (b) If a partner does not make a promised non-monetary contribution, the partner is obligated at the option of the limited partnership to contribute money equal to that portion of the value, as stated in the required information, of the stated contribution which has not been made. (c) The obligation of a partner to make a contribution or return money or other property paid or distributed in violation of this chapter may be compromised only by consent of all partners. A creditor of a limited partnership which extends credit or otherwise acts in reliance on an obligation described in subsection (a), without notice of any compromise under this subsection, may enforce the original obligation. Acts 2007, No. 15, § 1.

(a) A partner's obligation to contribute money or other property or other benefit to, or to perform services for, a limited partnership is not excused by the partner's death, disability, or other inability to perform personally.

(b) If a partner does not make a promised non-monetary contribution, the partner is obligated at the option of the limited partnership to contribute money equal to that portion of the value, as stated in the required information, of the stated contribution which has not been made.

(c) The obligation of a partner to make a contribution or return money or other property paid or distributed in violation of this chapter may be compromised only by consent of all partners. A creditor of a limited partnership which extends credit or otherwise acts in reliance on an obligation described in subsection (a), without notice of any compromise under this subsection, may enforce the original obligation.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-113-103 — AR Code / Title 4 / Chapter 113 / Section 4-113-103
[Repealed]
Status: repealed

Repealed by Act 2019, No. 1091,§ 1, eff. 7/24/2019. Repealed by Act 2017, No. 426,§ 1, eff. 8/1/2017. Amended by Act 2015EX1, No. 8,§ 63, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 63, eff. 7/1/2015. Acts 2007, No. 604, § 1; 2009, No. 947, § 2; 2011, No. 719, § 5.

Repealed by Act 2019, No. 1091,§ 1, eff. 7/24/2019.

Repealed by Act 2017, No. 426,§ 1, eff. 8/1/2017.

Amended by Act 2015EX1, No. 8,§ 63, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 63, eff. 7/1/2015.

Acts 2007, No. 604, § 1; 2009, No. 947, § 2; 2011, No. 719, § 5.
Ark. Code Ann. § 4-46-805 — AR Code / Title 4 / Chapter 46 / Subchapter 8 / Section 4-46-805
Statement of dissolution
Status: in_force

(a) After dissolution, a partner who has not wrongfully dissociated may file a statement of dissolution stating the name of the partnership and that the partnership has dissolved and is winding up its business. (b) A statement of dissolution cancels a filed statement of partnership authority for the purposes of § 4-46-303(d) and is a limitation on authority for the purposes of § 4-46-303(e) . (c) For the purposes of §§ 4-46-301 and 4-46-804 , a person not a partner is deemed to have notice of the dissolution and the limitation on the partners' authority as a result of the statement of dissolution ninety (90) days after it is filed. (d) After filing and, if appropriate, recording a statement of dissolution, a dissolved partnership may file and, if appropriate, record a statement of partnership authority which will operate with respect to a person not a partner as provided in § 4-46-303(d) and (e) in any transaction, whether or not the transaction is appropriate for winding up the partnership business. Acts 1999, No. 1518, § 805.

(a) After dissolution, a partner who has not wrongfully dissociated may file a statement of dissolution stating the name of the partnership and that the partnership has dissolved and is winding up its business.

(b) A statement of dissolution cancels a filed statement of partnership authority for the purposes of § 4-46-303(d) and is a limitation on authority for the purposes of § 4-46-303(e) .

(c) For the purposes of §§ 4-46-301 and 4-46-804 , a person not a partner is deemed to have notice of the dissolution and the limitation on the partners' authority as a result of the statement of dissolution ninety (90) days after it is filed.

(d) After filing and, if appropriate, recording a statement of dissolution, a dissolved partnership may file and, if appropriate, record a statement of partnership authority which will operate with respect to a person not a partner as provided in § 4-46-303(d) and (e) in any transaction, whether or not the transaction is appropriate for winding up the partnership business.

Acts 1999, No. 1518, § 805.
Ark. Code Ann. § 4-28-102 — AR Code / Title 4 / Chapter 28 / Subchapter 1 / Section 4-28-102
Religious, literary, benevolent, etc., corporations - Fees
Status: in_force

There shall be allowed and collected by the Secretary of State, and accounted for by him or her to the State Treasury in the same manner as all other fees are or shall be directed to be accounted for by state officers, a fee for receiving each draft of articles, or charter, of a private incorporation created for religious, literary, benevolent, or scientific purposes and not for purposes of pecuniary profit, directly or indirectly, of two dollars and fifty cents ($2.50). Acts 1875, No. 77, § 1, p. 167; 1881, No. 40, § 1, p. 73; C. & M. Dig., § 1818; A.S.A. 1947, § 64-1312.

There shall be allowed and collected by the Secretary of State, and accounted for by him or her to the State Treasury in the same manner as all other fees are or shall be directed to be accounted for by state officers, a fee for receiving each draft of articles, or charter, of a private incorporation created for religious, literary, benevolent, or scientific purposes and not for purposes of pecuniary profit, directly or indirectly, of two dollars and fifty cents ($2.50).

Acts 1875, No. 77, § 1, p. 167; 1881, No. 40, § 1, p. 73; C. & M. Dig., § 1818; A.S.A. 1947, § 64-1312.
Ark. Code Ann. § 4-35-203 — AR Code / Title 4 / Chapter 35 / Subchapter 2 / Section 4-35-203
Effect of formation - Filing with Secretary of State
Status: in_force

(a) (1) When articles of constitution or articles of conversion and reconstitution and other required documents have been filed with and accepted by the Arkansas Natural Resources Commission, as evidenced by the issuance by the commission of its certificate of existence in that form that the commission may deem appropriate, the water authority referred to in the articles shall come into existence and shall constitute a public body politic and governmental entity of the State of Arkansas under the name set forth in the certificate of existence, whereupon the water authority shall be vested with the rights and powers granted in this chapter. (2) Contemporaneously therewith, with respect to a conversion, the qualified corporation shall cease to exist and all assets and liabilities of every nature, including, without limitation, all real property, personal property, contractual obligations, lending obligations outstanding, rights afforded borrowers of federal and state funds, and other tangible and intangible assets and liabilities of every nature, without need for further action or approval by any third party, shall be vested in and shall accrue to the benefit of the water authority. (b) (1) (A) A copy of a water authority's articles of constitution or articles of conversion and reconstitution shall additionally be filed in the office of the Secretary of State after its receipt, acceptance, and approval by the commission. (B) The Secretary of State may require the payment of a reasonable filing and receipt fee not in excess of the filing fee charged by the Secretary of State in connection with the receipt and filing of a corporation's articles of incorporation. (2) Filing a copy of the articles of constitution or articles of conversion and reconstitution, as accepted and approved by the commission, with the Secretary of State shall serve to terminate and dissolve the previous corporate existence of the qualified corporation, effective as of the date of the issuance of the certificate of existence. Acts 2003, No. 1330, § 3.

(a) (1) When articles of constitution or articles of conversion and reconstitution and other required documents have been filed with and accepted by the Arkansas Natural Resources Commission, as evidenced by the issuance by the commission of its certificate of existence in that form that the commission may deem appropriate, the water authority referred to in the articles shall come into existence and shall constitute a public body politic and governmental entity of the State of Arkansas under the name set forth in the certificate of existence, whereupon the water authority shall be vested with the rights and powers granted in this chapter. (2) Contemporaneously therewith, with respect to a conversion, the qualified corporation shall cease to exist and all assets and liabilities of every nature, including, without limitation, all real property, personal property, contractual obligations, lending obligations outstanding, rights afforded borrowers of federal and state funds, and other tangible and intangible assets and liabilities of every nature, without need for further action or approval by any third party, shall be vested in and shall accrue to the benefit of the water authority.

(1) When articles of constitution or articles of conversion and reconstitution and other required documents have been filed with and accepted by the Arkansas Natural Resources Commission, as evidenced by the issuance by the commission of its certificate of existence in that form that the commission may deem appropriate, the water authority referred to in the articles shall come into existence and shall constitute a public body politic and governmental entity of the State of Arkansas under the name set forth in the certificate of existence, whereupon the water authority shall be vested with the rights and powers granted in this chapter.

(2) Contemporaneously therewith, with respect to a conversion, the qualified corporation shall cease to exist and all assets and liabilities of every nature, including, without limitation, all real property, personal property, contractual obligations, lending obligations outstanding, rights afforded borrowers of federal and state funds, and other tangible and intangible assets and liabilities of every nature, without need for further action or approval by any third party, shall be vested in and shall accrue to the benefit of the water authority.

(b) (1) (A) A copy of a water authority's articles of constitution or articles of conversion and reconstitution shall additionally be filed in the office of the Secretary of State after its receipt, acceptance, and approval by the commission. (B) The Secretary of State may require the payment of a reasonable filing and receipt fee not in excess of the filing fee charged by the Secretary of State in connection with the receipt and filing of a corporation's articles of incorporation. (2) Filing a copy of the articles of constitution or articles of conversion and reconstitution, as accepted and approved by the commission, with the Secretary of State shall serve to terminate and dissolve the previous corporate existence of the qualified corporation, effective as of the date of the issuance of the certificate of existence.

(1) (A) A copy of a water authority's articles of constitution or articles of conversion and reconstitution shall additionally be filed in the office of the Secretary of State after its receipt, acceptance, and approval by the commission. (B) The Secretary of State may require the payment of a reasonable filing and receipt fee not in excess of the filing fee charged by the Secretary of State in connection with the receipt and filing of a corporation's articles of incorporation.

(A) A copy of a water authority's articles of constitution or articles of conversion and reconstitution shall additionally be filed in the office of the Secretary of State after its receipt, acceptance, and approval by the commission.

(B) The Secretary of State may require the payment of a reasonable filing and receipt fee not in excess of the filing fee charged by the Secretary of State in connection with the receipt and filing of a corporation's articles of incorporation.

(2) Filing a copy of the articles of constitution or articles of conversion and reconstitution, as accepted and approved by the commission, with the Secretary of State shall serve to terminate and dissolve the previous corporate existence of the qualified corporation, effective as of the date of the issuance of the certificate of existence.

Acts 2003, No. 1330, § 3.
Ark. Code Ann. § 4-28-610 — AR Code / Title 4 / Chapter 28 / Subchapter 6 / Section 4-28-610
Effect of judgment or order
Status: in_force

A judgment or order against an unincorporated nonprofit association is not by itself a judgment or order against a member or manager. Acts 2011, No. 202, § 2.

A judgment or order against an unincorporated nonprofit association is not by itself a judgment or order against a member or manager.

Acts 2011, No. 202, § 2.
Ark. Code Ann. § 4-75-1002 — AR Code / Title 4 / Chapter 75 / Subchapter 10 / Section 4-75-1002
Purpose
Status: in_force

The purpose of this subchapter is to ensure fair and reasonable regulation of foundation repair contracts to prevent misleading and deceptive business practices in the performance of a foundation repair contract. Added by Act 2015, No. 687,§ 1, eff. 7/22/2015.

The purpose of this subchapter is to ensure fair and reasonable regulation of foundation repair contracts to prevent misleading and deceptive business practices in the performance of a foundation repair contract.

Added by Act 2015, No. 687,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 4-86-107 — AR Code / Title 4 / Chapter 86 / Section 4-86-107
Prohibiting misappropriation of Social Security numbers - Definitions
Status: in_force

(a) As used in this section: (1) "Person" means: (A) An individual; (B) A corporation; (C) A partnership; (D) An organization; or (E) Any other entity; and (2) "Publicly post" or "publicly display" means to intentionally communicate or otherwise make available to the general public. (b) Except as provided in subsection (c) of this section, a person may not do any of the following: (1) Publicly post or publicly display in any manner an individual's Social Security number; (2) Print an individual's Social Security number on any card required for the individual to access products or services provided by the person or entity; (3) Print an individual's Social Security number: (A) On a postcard or other mailer not requiring an envelope; or (B) In a manner in which the Social Security number is visible on an envelope or without the envelope's being opened; or (4) Require an individual to transmit his or her Social Security number over the internet unless the: (A) Connection is secure; or (B) Social Security number is encrypted. (c) This section does not prevent the collection, use, or release of a Social Security number: (1) As required or explicitly authorized by federal or state law; or (2) Pursuant to state or federal court rules. (d) This section does not apply to an entity providing an electronic communications service to the public that is used by another person to violate this section unless the entity: (1) Conspires with another person to violate this section; or (2) Intentionally aids and abets another person in the violation of this section. (e) This section shall not be asserted as a means to avoid compliance with an otherwise valid request for records pursuant to the Freedom of Information Act of 1967, § 25-19-101 et seq. (f) The Attorney General may: (1) Bring suit against any person for violating the provisions of this section; (2) Collect civil penalties of up to two hundred fifty dollars ($250) per violation along with attorney's fees and costs incurred in the investigation and prosecution of the matter; and (3) Seek appropriate injunctive relief. Acts 2005, No. 1295, § 1.

(a) As used in this section: (1) "Person" means: (A) An individual; (B) A corporation; (C) A partnership; (D) An organization; or (E) Any other entity; and (2) "Publicly post" or "publicly display" means to intentionally communicate or otherwise make available to the general public.

(1) "Person" means: (A) An individual; (B) A corporation; (C) A partnership; (D) An organization; or (E) Any other entity; and

(A) An individual;

(B) A corporation;

(C) A partnership;

(D) An organization; or

(E) Any other entity; and

(2) "Publicly post" or "publicly display" means to intentionally communicate or otherwise make available to the general public.

(b) Except as provided in subsection (c) of this section, a person may not do any of the following: (1) Publicly post or publicly display in any manner an individual's Social Security number; (2) Print an individual's Social Security number on any card required for the individual to access products or services provided by the person or entity; (3) Print an individual's Social Security number: (A) On a postcard or other mailer not requiring an envelope; or (B) In a manner in which the Social Security number is visible on an envelope or without the envelope's being opened; or (4) Require an individual to transmit his or her Social Security number over the internet unless the: (A) Connection is secure; or (B) Social Security number is encrypted.

(1) Publicly post or publicly display in any manner an individual's Social Security number;

(2) Print an individual's Social Security number on any card required for the individual to access products or services provided by the person or entity;

(3) Print an individual's Social Security number: (A) On a postcard or other mailer not requiring an envelope; or (B) In a manner in which the Social Security number is visible on an envelope or without the envelope's being opened; or

(A) On a postcard or other mailer not requiring an envelope; or

(B) In a manner in which the Social Security number is visible on an envelope or without the envelope's being opened; or

(4) Require an individual to transmit his or her Social Security number over the internet unless the: (A) Connection is secure; or (B) Social Security number is encrypted.

(A) Connection is secure; or

(B) Social Security number is encrypted.

(c) This section does not prevent the collection, use, or release of a Social Security number: (1) As required or explicitly authorized by federal or state law; or (2) Pursuant to state or federal court rules.

(1) As required or explicitly authorized by federal or state law; or

(2) Pursuant to state or federal court rules.

(d) This section does not apply to an entity providing an electronic communications service to the public that is used by another person to violate this section unless the entity: (1) Conspires with another person to violate this section; or (2) Intentionally aids and abets another person in the violation of this section.

(1) Conspires with another person to violate this section; or

(2) Intentionally aids and abets another person in the violation of this section.

(e) This section shall not be asserted as a means to avoid compliance with an otherwise valid request for records pursuant to the Freedom of Information Act of 1967, § 25-19-101 et seq.

(f) The Attorney General may: (1) Bring suit against any person for violating the provisions of this section; (2) Collect civil penalties of up to two hundred fifty dollars ($250) per violation along with attorney's fees and costs incurred in the investigation and prosecution of the matter; and (3) Seek appropriate injunctive relief.

(1) Bring suit against any person for violating the provisions of this section;

(2) Collect civil penalties of up to two hundred fifty dollars ($250) per violation along with attorney's fees and costs incurred in the investigation and prosecution of the matter; and

(3) Seek appropriate injunctive relief.

Acts 2005, No. 1295, § 1.
Ark. Code Ann. § 4-26-107 — AR Code / Title 4 / Chapter 26 / Subchapter 1 / Section 4-26-107
Disapproval of articles and other documents by Secretary of State - Appeals
Status: in_force

(a) If the Secretary of State shall fail to approve any articles of incorporation, amendment, merger, consolidation, or dissolution, or any other document required by this chapter to be approved by the Secretary of State before the same shall be filed in his or her office, he or she shall give, within ten (10) days after the delivery thereof to him or her, written notice of his or her disapproval to the person or corporation delivering the same, specifying the reasons therefor. (b) (1) From the disapproval of the Secretary of State the person or corporation may appeal to the Pulaski County Circuit Court by filing with the clerk of the court a petition setting forth: (A) A copy of the articles or other document sought to be filed; (B) A copy of the written disapproval by the Secretary of State; and (C) The basis for challenging the legality of the ruling of the Secretary of State. (2) Upon the filing of the petition, the matter shall be tried de novo by the court. The court shall either sustain the action of the Secretary of State or direct him or her to take such action as the court may deem proper. (c) Appeals from all final orders and judgments entered by the circuit court under this section in review of any ruling or decision of the Secretary of State may be taken as in other civil actions. Acts 1965, No. 576, § 93; A.S.A. 1947, § 64-120.

(a) If the Secretary of State shall fail to approve any articles of incorporation, amendment, merger, consolidation, or dissolution, or any other document required by this chapter to be approved by the Secretary of State before the same shall be filed in his or her office, he or she shall give, within ten (10) days after the delivery thereof to him or her, written notice of his or her disapproval to the person or corporation delivering the same, specifying the reasons therefor.

(b) (1) From the disapproval of the Secretary of State the person or corporation may appeal to the Pulaski County Circuit Court by filing with the clerk of the court a petition setting forth: (A) A copy of the articles or other document sought to be filed; (B) A copy of the written disapproval by the Secretary of State; and (C) The basis for challenging the legality of the ruling of the Secretary of State. (2) Upon the filing of the petition, the matter shall be tried de novo by the court. The court shall either sustain the action of the Secretary of State or direct him or her to take such action as the court may deem proper.

(1) From the disapproval of the Secretary of State the person or corporation may appeal to the Pulaski County Circuit Court by filing with the clerk of the court a petition setting forth: (A) A copy of the articles or other document sought to be filed; (B) A copy of the written disapproval by the Secretary of State; and (C) The basis for challenging the legality of the ruling of the Secretary of State.

(A) A copy of the articles or other document sought to be filed;

(B) A copy of the written disapproval by the Secretary of State; and

(C) The basis for challenging the legality of the ruling of the Secretary of State.

(2) Upon the filing of the petition, the matter shall be tried de novo by the court. The court shall either sustain the action of the Secretary of State or direct him or her to take such action as the court may deem proper.

(c) Appeals from all final orders and judgments entered by the circuit court under this section in review of any ruling or decision of the Secretary of State may be taken as in other civil actions.

Acts 1965, No. 576, § 93; A.S.A. 1947, § 64-120.
Ark. Code Ann. § 4-38-207 — AR Code / Title 4 / Chapter 38 / Subchapter 2 / Section 4-38-207
Effective date and time
Status: in_force

Except as otherwise provided in § 4-38-208 and subject to § 4-38-209(d) , a record filed under this chapter is effective: (1) on the date and at the time of its filing by the Secretary of State, as provided in § 4-38-210(b) ; (2) on the date of filing and at the time specified in the record as its effective time, if later than the time under paragraph (1); (3) at a specified delayed effective date and time, which may not be more than 90 days after the date of filing; or (4) if a delayed effective date is specified, but no time is specified, at 12:01 a.m. on the date specified, which may not be more than 90 days after the date of filing. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

Except as otherwise provided in § 4-38-208 and subject to § 4-38-209(d) , a record filed under this chapter is effective:

(1) on the date and at the time of its filing by the Secretary of State, as provided in § 4-38-210(b) ;

(2) on the date of filing and at the time specified in the record as its effective time, if later than the time under paragraph (1);

(3) at a specified delayed effective date and time, which may not be more than 90 days after the date of filing; or

(4) if a delayed effective date is specified, but no time is specified, at 12:01 a.m. on the date specified, which may not be more than 90 days after the date of filing.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-35-207 — AR Code / Title 4 / Chapter 35 / Subchapter 2 / Section 4-35-207
Bylaws
Status: in_force

(a) The persons forming the water authority or the initial board of directors shall adopt bylaws for the water authority and shall file a copy of the executed bylaws with the Arkansas Natural Resources Commission. (b) The bylaws may contain any provision for regulating and managing the affairs of the water authority that is not inconsistent with law or the articles. Acts 2003, No. 1330, § 3.

(a) The persons forming the water authority or the initial board of directors shall adopt bylaws for the water authority and shall file a copy of the executed bylaws with the Arkansas Natural Resources Commission.

(b) The bylaws may contain any provision for regulating and managing the affairs of the water authority that is not inconsistent with law or the articles.

Acts 2003, No. 1330, § 3.
Ark. Code Ann. § 4-59-502 — AR Code / Title 4 / Chapter 59 / Subchapter 5 / Section 4-59-502
Remission to acquirer of record of sale not made by remitter
Status: in_force

(a) A person authorized by an acquirer to furnish money, goods, services, or anything else of value upon presentation of a financial transaction card or a financial transaction card account number by a cardholder, or any agent or employee of such person, who, with intent to defraud the issuer, acquirer, or cardholder, remits to an issuer or acquirer, for payment, a financial transaction card record of a sale, which sale was not made by such person, his or her agent or employee, is guilty of financial transaction card fraud. (b) Any person violating this section is guilty of a Class C felony. Acts 1991, No. 785, § 2.

(a) A person authorized by an acquirer to furnish money, goods, services, or anything else of value upon presentation of a financial transaction card or a financial transaction card account number by a cardholder, or any agent or employee of such person, who, with intent to defraud the issuer, acquirer, or cardholder, remits to an issuer or acquirer, for payment, a financial transaction card record of a sale, which sale was not made by such person, his or her agent or employee, is guilty of financial transaction card fraud.

(b) Any person violating this section is guilty of a Class C felony.

Acts 1991, No. 785, § 2.
Ark. Code Ann. § 4-95-102 — AR Code / Title 4 / Chapter 95 / Section 4-95-102
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Consumer product" means a good or service purchased, leased, or rented primarily for personal, family, or household purposes, including a course of instruction or training, regardless of the purpose for which it is taken; (2) "Division" means the Consumer Protection Division as created under § 4-88-105 ; (3) "Gift or prize" means any premium, bonus, award, or any other similar language of inducement or incentive to purchase a consumer product; (4) "Pay-per-call" means telecommunications services which permit simultaneous calling by a large number of callers to a single telephone number and for which the calling party is assessed, by virtue of completing the call, a charge that is not dependent on the existence of a presubscription relationship and for which the caller pays a per-call or per-time interval charge that is greater than, or in addition to, the charge for transmission of the call; (5) "Person" means any individual, organization, group, association, partnership, corporation, or any combination of them; and (6) (A) "Product promoter" means any person who individually or through an agent and by means of a written notice sent through the mail or by telephone: (i) Offers a gift, prize, or award with the intent to sell, lease, or rent any consumer product; (ii) Solicits to sell, lease, or rent a consumer product, in which the consumer product and all the material terms of the transaction, including the price, handling, shipping, delivery, or any other fee are not fully described and which requests the consumer contact the seller to complete the transaction; or (iii) Offers by gift, prize, or award any consumer product in which all material terms regarding the requirements of receiving such gift, prize, or award are not fully described. (B) The term "product promoter" does not include any activities of nonprofit or charitable organizations exempt from federal income taxation under § 501(c)(3) of the United States Internal Revenue Code, 26 U.S.C. § 501(c)(3) . Acts 1991, No. 680, § 2; 1993, No. 139, §§ 1, 2.

As used in this chapter, unless the context otherwise requires:

(1) "Consumer product" means a good or service purchased, leased, or rented primarily for personal, family, or household purposes, including a course of instruction or training, regardless of the purpose for which it is taken;

(2) "Division" means the Consumer Protection Division as created under § 4-88-105 ;

(3) "Gift or prize" means any premium, bonus, award, or any other similar language of inducement or incentive to purchase a consumer product;

(4) "Pay-per-call" means telecommunications services which permit simultaneous calling by a large number of callers to a single telephone number and for which the calling party is assessed, by virtue of completing the call, a charge that is not dependent on the existence of a presubscription relationship and for which the caller pays a per-call or per-time interval charge that is greater than, or in addition to, the charge for transmission of the call;

(5) "Person" means any individual, organization, group, association, partnership, corporation, or any combination of them; and

(6) (A) "Product promoter" means any person who individually or through an agent and by means of a written notice sent through the mail or by telephone: (i) Offers a gift, prize, or award with the intent to sell, lease, or rent any consumer product; (ii) Solicits to sell, lease, or rent a consumer product, in which the consumer product and all the material terms of the transaction, including the price, handling, shipping, delivery, or any other fee are not fully described and which requests the consumer contact the seller to complete the transaction; or (iii) Offers by gift, prize, or award any consumer product in which all material terms regarding the requirements of receiving such gift, prize, or award are not fully described. (B) The term "product promoter" does not include any activities of nonprofit or charitable organizations exempt from federal income taxation under § 501(c)(3) of the United States Internal Revenue Code, 26 U.S.C. § 501(c)(3) .

(A) "Product promoter" means any person who individually or through an agent and by means of a written notice sent through the mail or by telephone: (i) Offers a gift, prize, or award with the intent to sell, lease, or rent any consumer product; (ii) Solicits to sell, lease, or rent a consumer product, in which the consumer product and all the material terms of the transaction, including the price, handling, shipping, delivery, or any other fee are not fully described and which requests the consumer contact the seller to complete the transaction; or (iii) Offers by gift, prize, or award any consumer product in which all material terms regarding the requirements of receiving such gift, prize, or award are not fully described.

(i) Offers a gift, prize, or award with the intent to sell, lease, or rent any consumer product;

(ii) Solicits to sell, lease, or rent a consumer product, in which the consumer product and all the material terms of the transaction, including the price, handling, shipping, delivery, or any other fee are not fully described and which requests the consumer contact the seller to complete the transaction; or

(iii) Offers by gift, prize, or award any consumer product in which all material terms regarding the requirements of receiving such gift, prize, or award are not fully described.

(B) The term "product promoter" does not include any activities of nonprofit or charitable organizations exempt from federal income taxation under § 501(c)(3) of the United States Internal Revenue Code, 26 U.S.C. § 501(c)(3) .

Acts 1991, No. 680, § 2; 1993, No. 139, §§ 1, 2.
Ark. Code Ann. § 4-28-308 — AR Code / Title 4 / Chapter 28 / Subchapter 3 / Section 4-28-308
Merger or consolidation of foreign with domestic corporations
Status: in_force

(a) One (1) or more foreign corporations and one (1) or more domestic corporations may be merged or consolidated if the merger or consolidation is permitted by the laws of the state under which each such foreign corporation is organized. (b) (1) In the case of merger, the surviving corporation may be any one (1) of the constituent corporations and shall be deemed to continue to exist under the laws of the state of its incorporation. (2) In the case of consolidation, the new corporation may be a corporation organized under the laws of any state under which any of the constituent corporations was organized. (c) The merger or consolidation shall be carried out in the following manner: (1) (A) Each domestic corporation shall comply with the provisions of this subchapter with respect to merger or consolidation, as the case may be, of domestic corporations, except that if the surviving or new corporation is to be a foreign corporation, the plan of merger or consolidation shall specify the state under the laws of which the surviving or new corporation is to be governed and the post office address of the registered or principal office of the surviving or new corporation in the state under the laws of which it is to be governed. (B) However, no domestic corporation shall be merged or consolidated with a foreign corporation unless and until a resolution authorizing the merger or consolidation shall receive, at a meeting of members of the domestic corporation called and conducted in the same manner as provided by § 4-28-304 , at least two-thirds (2/3) of the votes which members present at the meeting in person or by proxy are entitled to cast, and if any class of members is entitled to vote as a class thereon by the terms of the articles of incorporation or of the bylaws, as to the corporation the resolution shall not be adopted unless it shall also receive at least two-thirds (2/3) of the votes which members of each such class who are present at the meeting in person or by proxy are entitled to cast. If a domestic corporation has no members or no members having voting rights, the plan of merger or consolidation shall be adopted at a meeting of the board of directors of the corporation upon receiving the vote of a majority of the directors in office; (2) Each foreign corporation, if it is to transact business in this state, shall file with the Secretary of State of this state within thirty (30) days after the merger or consolidation, as the case may be, shall become effective, a copy of the plan, articles, or other document filed in the state of its incorporation for the purpose of effecting the merger or consolidation, certified by the public officer having custody of the original; (3) If the surviving or new corporation, as the case may be, is a foreign corporation, it shall comply with the provisions of the Arkansas Nonprofit Corporation Act, § 4-28-201 et seq., with respect to foreign corporations if it is to transact business in this state, and in every case it shall file with the Secretary of State of this state a statement confirming that the foreign corporation has filed a statement appointing an agent for service of process under § 4-20-112 and may be served with process under § 4-20-113 if the foreign corporation fails to appoint or maintain a registered agent for service of process; and (4) Upon compliance by each domestic and foreign corporation which is a party to the merger or consolidation with the provisions of this subchapter with respect to merger or consolidation, and upon issuance by the Secretary of State of this state of the certificate of merger or the certificate of consolidation provided for in this subchapter, the merger or consolidation shall be effected in this state. (d) The effect of the merger or consolidation shall be the same as in the case of the merger or consolidation of domestic corporations if the surviving or new corporation is a domestic corporation. If the surviving or new corporation is a foreign corporation, the effect of the merger or consolidation shall be the same as in the case of the merger or consolidation of domestic corporations except insofar as the laws of such other states provide otherwise. Acts 1983, No. 614, § 7; A.S.A. 1947, § 64-1931; Acts 2009, No. 814, § 2.

(a) One (1) or more foreign corporations and one (1) or more domestic corporations may be merged or consolidated if the merger or consolidation is permitted by the laws of the state under which each such foreign corporation is organized.

(b) (1) In the case of merger, the surviving corporation may be any one (1) of the constituent corporations and shall be deemed to continue to exist under the laws of the state of its incorporation. (2) In the case of consolidation, the new corporation may be a corporation organized under the laws of any state under which any of the constituent corporations was organized.

(1) In the case of merger, the surviving corporation may be any one (1) of the constituent corporations and shall be deemed to continue to exist under the laws of the state of its incorporation.

(2) In the case of consolidation, the new corporation may be a corporation organized under the laws of any state under which any of the constituent corporations was organized.

(c) The merger or consolidation shall be carried out in the following manner: (1) (A) Each domestic corporation shall comply with the provisions of this subchapter with respect to merger or consolidation, as the case may be, of domestic corporations, except that if the surviving or new corporation is to be a foreign corporation, the plan of merger or consolidation shall specify the state under the laws of which the surviving or new corporation is to be governed and the post office address of the registered or principal office of the surviving or new corporation in the state under the laws of which it is to be governed. (B) However, no domestic corporation shall be merged or consolidated with a foreign corporation unless and until a resolution authorizing the merger or consolidation shall receive, at a meeting of members of the domestic corporation called and conducted in the same manner as provided by § 4-28-304 , at least two-thirds (2/3) of the votes which members present at the meeting in person or by proxy are entitled to cast, and if any class of members is entitled to vote as a class thereon by the terms of the articles of incorporation or of the bylaws, as to the corporation the resolution shall not be adopted unless it shall also receive at least two-thirds (2/3) of the votes which members of each such class who are present at the meeting in person or by proxy are entitled to cast. If a domestic corporation has no members or no members having voting rights, the plan of merger or consolidation shall be adopted at a meeting of the board of directors of the corporation upon receiving the vote of a majority of the directors in office; (2) Each foreign corporation, if it is to transact business in this state, shall file with the Secretary of State of this state within thirty (30) days after the merger or consolidation, as the case may be, shall become effective, a copy of the plan, articles, or other document filed in the state of its incorporation for the purpose of effecting the merger or consolidation, certified by the public officer having custody of the original; (3) If the surviving or new corporation, as the case may be, is a foreign corporation, it shall comply with the provisions of the Arkansas Nonprofit Corporation Act, § 4-28-201 et seq., with respect to foreign corporations if it is to transact business in this state, and in every case it shall file with the Secretary of State of this state a statement confirming that the foreign corporation has filed a statement appointing an agent for service of process under § 4-20-112 and may be served with process under § 4-20-113 if the foreign corporation fails to appoint or maintain a registered agent for service of process; and (4) Upon compliance by each domestic and foreign corporation which is a party to the merger or consolidation with the provisions of this subchapter with respect to merger or consolidation, and upon issuance by the Secretary of State of this state of the certificate of merger or the certificate of consolidation provided for in this subchapter, the merger or consolidation shall be effected in this state.

(1) (A) Each domestic corporation shall comply with the provisions of this subchapter with respect to merger or consolidation, as the case may be, of domestic corporations, except that if the surviving or new corporation is to be a foreign corporation, the plan of merger or consolidation shall specify the state under the laws of which the surviving or new corporation is to be governed and the post office address of the registered or principal office of the surviving or new corporation in the state under the laws of which it is to be governed. (B) However, no domestic corporation shall be merged or consolidated with a foreign corporation unless and until a resolution authorizing the merger or consolidation shall receive, at a meeting of members of the domestic corporation called and conducted in the same manner as provided by § 4-28-304 , at least two-thirds (2/3) of the votes which members present at the meeting in person or by proxy are entitled to cast, and if any class of members is entitled to vote as a class thereon by the terms of the articles of incorporation or of the bylaws, as to the corporation the resolution shall not be adopted unless it shall also receive at least two-thirds (2/3) of the votes which members of each such class who are present at the meeting in person or by proxy are entitled to cast. If a domestic corporation has no members or no members having voting rights, the plan of merger or consolidation shall be adopted at a meeting of the board of directors of the corporation upon receiving the vote of a majority of the directors in office;

(A) Each domestic corporation shall comply with the provisions of this subchapter with respect to merger or consolidation, as the case may be, of domestic corporations, except that if the surviving or new corporation is to be a foreign corporation, the plan of merger or consolidation shall specify the state under the laws of which the surviving or new corporation is to be governed and the post office address of the registered or principal office of the surviving or new corporation in the state under the laws of which it is to be governed.

(B) However, no domestic corporation shall be merged or consolidated with a foreign corporation unless and until a resolution authorizing the merger or consolidation shall receive, at a meeting of members of the domestic corporation called and conducted in the same manner as provided by § 4-28-304 , at least two-thirds (2/3) of the votes which members present at the meeting in person or by proxy are entitled to cast, and if any class of members is entitled to vote as a class thereon by the terms of the articles of incorporation or of the bylaws, as to the corporation the resolution shall not be adopted unless it shall also receive at least two-thirds (2/3) of the votes which members of each such class who are present at the meeting in person or by proxy are entitled to cast. If a domestic corporation has no members or no members having voting rights, the plan of merger or consolidation shall be adopted at a meeting of the board of directors of the corporation upon receiving the vote of a majority of the directors in office;

(2) Each foreign corporation, if it is to transact business in this state, shall file with the Secretary of State of this state within thirty (30) days after the merger or consolidation, as the case may be, shall become effective, a copy of the plan, articles, or other document filed in the state of its incorporation for the purpose of effecting the merger or consolidation, certified by the public officer having custody of the original;

(3) If the surviving or new corporation, as the case may be, is a foreign corporation, it shall comply with the provisions of the Arkansas Nonprofit Corporation Act, § 4-28-201 et seq., with respect to foreign corporations if it is to transact business in this state, and in every case it shall file with the Secretary of State of this state a statement confirming that the foreign corporation has filed a statement appointing an agent for service of process under § 4-20-112 and may be served with process under § 4-20-113 if the foreign corporation fails to appoint or maintain a registered agent for service of process; and

(4) Upon compliance by each domestic and foreign corporation which is a party to the merger or consolidation with the provisions of this subchapter with respect to merger or consolidation, and upon issuance by the Secretary of State of this state of the certificate of merger or the certificate of consolidation provided for in this subchapter, the merger or consolidation shall be effected in this state.

(d) The effect of the merger or consolidation shall be the same as in the case of the merger or consolidation of domestic corporations if the surviving or new corporation is a domestic corporation. If the surviving or new corporation is a foreign corporation, the effect of the merger or consolidation shall be the same as in the case of the merger or consolidation of domestic corporations except insofar as the laws of such other states provide otherwise.

Acts 1983, No. 614, § 7; A.S.A. 1947, § 64-1931; Acts 2009, No. 814, § 2.
Ark. Code Ann. § 4-75-210 — AR Code / Title 4 / Chapter 75 / Subchapter 2 / Section 4-75-210
Liability of directors, officers, agents, etc. - Proof of unlawful intent
Status: in_force

(a) Any person who, either as director, officer, or agent of any firm or corporation or as agent of any person violating the provisions of this subchapter, assists or aids, directly or indirectly, in the violation shall be responsible therefor equally with the person, firm, or corporation for whom or which he or she acts. (b) In the prosecution of any person as officer, director, or agent, it shall be sufficient to allege and prove the unlawful intent of the person, firm, or corporation for whom or which he or she acts. Acts 1937, No. 253, § 2; Pope's Dig., § 14312; A.S.A. 1947, § 70-302.

(a) Any person who, either as director, officer, or agent of any firm or corporation or as agent of any person violating the provisions of this subchapter, assists or aids, directly or indirectly, in the violation shall be responsible therefor equally with the person, firm, or corporation for whom or which he or she acts.

(b) In the prosecution of any person as officer, director, or agent, it shall be sufficient to allege and prove the unlawful intent of the person, firm, or corporation for whom or which he or she acts.

Acts 1937, No. 253, § 2; Pope's Dig., § 14312; A.S.A. 1947, § 70-302.
Ark. Code Ann. § 4-70-201 — AR Code / Title 4 / Chapter 70 / Subchapter 2 / Section 4-70-201
Applicability of subchapter
Status: in_force

(a) This subchapter shall not apply to any limited partnership which has filed its certificate of limited partnership with the Secretary of State pursuant to § 4-47-201 or any successor law. (b) This subchapter shall not apply to any domestic or foreign corporation or to any domestic or foreign limited partnership or limited liability company lawfully doing business in this state. (c) This subchapter shall not apply to any limited liability company which has filed its certificate of organization with the Secretary of State pursuant to § 4-38-201 . Amended by Act 2023, No. 108,§ 6, eff. 8/1/2023. Amended by Act 2021, No. 1041,§ 29, eff. 7/28/2021. Acts 1943, No. 11, § 4; 1977, No. 874, § 3; A.S.A. 1947, §§ 70-404, 70-406; Acts 1997, No. 479, § 7; 1997, No. 549, § 1; 1997, No. 912, § 12; 1999, No. 1528, § 7; 2007, No. 15, § 7.

(a) This subchapter shall not apply to any limited partnership which has filed its certificate of limited partnership with the Secretary of State pursuant to § 4-47-201 or any successor law.

(b) This subchapter shall not apply to any domestic or foreign corporation or to any domestic or foreign limited partnership or limited liability company lawfully doing business in this state.

(c) This subchapter shall not apply to any limited liability company which has filed its certificate of organization with the Secretary of State pursuant to § 4-38-201 .

Amended by Act 2023, No. 108,§ 6, eff. 8/1/2023.

Amended by Act 2021, No. 1041,§ 29, eff. 7/28/2021.

Acts 1943, No. 11, § 4; 1977, No. 874, § 3; A.S.A. 1947, §§ 70-404, 70-406; Acts 1997, No. 479, § 7; 1997, No. 549, § 1; 1997, No. 912, § 12; 1999, No. 1528, § 7; 2007, No. 15, § 7.
Ark. Code Ann. § 4-33-1601 — AR Code / Title 4 / Chapter 33 / Subchapter 16 / Section 4-33-1601
Conversion to a public water authority
Status: in_force

A corporation which meets the definition of a qualified corporation, as defined by § 4-35-103 , may adopt a plan to convert its entity status from that of a nonprofit corporation to a water authority pursuant to § 4-35-101 et seq., unless the articles or bylaws require otherwise, if the conversion is approved: (1) By a majority of the members of the board of directors of the corporation; and (2) If the corporation has members, by the lesser of: (A) Two-thirds (2/3) of the votes cast by the members in person or by proxy at a regular or special meeting of the members at which a quorum as defined in § 4-33-722 is present; or (B) A majority of the members. Acts 2003, No. 1330, § 2.

A corporation which meets the definition of a qualified corporation, as defined by § 4-35-103 , may adopt a plan to convert its entity status from that of a nonprofit corporation to a water authority pursuant to § 4-35-101 et seq., unless the articles or bylaws require otherwise, if the conversion is approved:

(1) By a majority of the members of the board of directors of the corporation; and

(2) If the corporation has members, by the lesser of: (A) Two-thirds (2/3) of the votes cast by the members in person or by proxy at a regular or special meeting of the members at which a quorum as defined in § 4-33-722 is present; or (B) A majority of the members.

(A) Two-thirds (2/3) of the votes cast by the members in person or by proxy at a regular or special meeting of the members at which a quorum as defined in § 4-33-722 is present; or

(B) A majority of the members.

Acts 2003, No. 1330, § 2.
Ark. Code Ann. § 4-75-215 — AR Code / Title 4 / Chapter 75 / Subchapter 2 / Section 4-75-215
Action not barred because it affects interstate or foreign commerce
Status: in_force

(a) This subchapter is to apply to any economic activity occurring wholly or partly within the State of Arkansas, or which affects economic activity within the State of Arkansas. (b) No action instituted by the Attorney General under this subchapter shall be barred on the ground that the activity or conduct complained of in any way affects or involves interstate or foreign commerce. Acts 2003, No. 1172, § 1.

(a) This subchapter is to apply to any economic activity occurring wholly or partly within the State of Arkansas, or which affects economic activity within the State of Arkansas.

(b) No action instituted by the Attorney General under this subchapter shall be barred on the ground that the activity or conduct complained of in any way affects or involves interstate or foreign commerce.

Acts 2003, No. 1172, § 1.
Ark. Code Ann. § 4-29-308 — AR Code / Title 4 / Chapter 29 / Subchapter 3 / Section 4-29-308
Employees
Status: in_force

Each individual employee licensed pursuant to the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., who is employed by a corporation subject to this subchapter shall remain subject to reprimand or discipline for his or her conduct under the provisions of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq. Acts 1961, No. 179, § 16; A.S.A. 1947, § 64-1716.

Each individual employee licensed pursuant to the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., who is employed by a corporation subject to this subchapter shall remain subject to reprimand or discipline for his or her conduct under the provisions of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.

Acts 1961, No. 179, § 16; A.S.A. 1947, § 64-1716.
Ark. Code Ann. § 4-103-202 — AR Code / Title 4 / Chapter 103 / Subchapter 2 / Section 4-103-202
Disclosure label required - Unlawful charitable solicitation
Status: in_force

(a) Any container used by any charitable organization in a public place to solicit contributions by offering a product for sale or distribution for solicitation purposes shall have a disclosure label attached to it. (b) Any charitable organization that knowingly places a container in violation of the provisions of subsection (a) of this section commits the offense of unlawful charitable solicitation. (c) Unlawful charitable solicitation is a Class C misdemeanor. (d) It is an affirmative defense to prosecution under this section that a charitable organization has given one hundred percent (100%) of the receipts generated by the container to the charitable purpose for which the charitable organization represented the funds were being solicited. Acts 1997, No. 172, § 2.

(a) Any container used by any charitable organization in a public place to solicit contributions by offering a product for sale or distribution for solicitation purposes shall have a disclosure label attached to it.

(b) Any charitable organization that knowingly places a container in violation of the provisions of subsection (a) of this section commits the offense of unlawful charitable solicitation.

(c) Unlawful charitable solicitation is a Class C misdemeanor.

(d) It is an affirmative defense to prosecution under this section that a charitable organization has given one hundred percent (100%) of the receipts generated by the container to the charitable purpose for which the charitable organization represented the funds were being solicited.

Acts 1997, No. 172, § 2.
Ark. Code Ann. § 4-70-304 — AR Code / Title 4 / Chapter 70 / Subchapter 3 / Section 4-70-304
Jurisdiction
Status: in_force

A principal who is not a resident of this state and who enters into a contract subject to this subchapter is considered to be doing business in this state for purposes of the exercise of personal jurisdiction over the principal. Acts 1989, No. 464, § 1.

A principal who is not a resident of this state and who enters into a contract subject to this subchapter is considered to be doing business in this state for purposes of the exercise of personal jurisdiction over the principal.

Acts 1989, No. 464, § 1.
Ark. Code Ann. § 4-32-201 — AR Code / Title 4 / Chapter 32 / Subchapter 2 / Section 4-32-201
through 4-32-206 - [Repealed]
Status: repealed

Repealed by Act 2021, No. 1041,§ 1, eff. 7/28/2021. Acts 1993, No. 1003, § 201.

Repealed by Act 2021, No. 1041,§ 1, eff. 7/28/2021.

Acts 1993, No. 1003, § 201.
Ark. Code Ann. § 4-90-201 — AR Code / Title 4 / Chapter 90 / Subchapter 2 / Section 4-90-201
Legislative intent and purpose
Status: in_force

The General Assembly recognizes that a motor vehicle is a major consumer acquisition and that buyers of motor vehicles rely heavily on the odometer reading as an index of the condition and value of a vehicle. The General Assembly further recognizes that buyers are entitled to rely on the odometer reading as an accurate indication of the mileage of the motor vehicle and that an accurate indication of the mileage assists a buyer in deciding on the safety and reliability of the vehicle. The purposes of this subchapter are to prohibit tampering with motor vehicle odometers and to provide safeguards to protect purchasers in the sale of motor vehicles with altered or reset odometers. It is the intent of the General Assembly that this subchapter incorporate certain provisions of newly codified federal law to supplement existing Arkansas law. To that end, any state rule or federal rule or regulation in effect under a law replaced by this subchapter continues in effect under the corresponding provision enacted by this subchapter until repealed, amended, or superseded. In addition, where no substantive change in law has occurred, an action taken or an offense committed under a law replaced by a section of this subchapter is deemed to have been taken or committed under the corresponding provision enacted by this subchapter. Amended by Act 2019, No. 315,§ 132, eff. 7/24/2019. Acts 1995, No. 795, § 1.

The General Assembly recognizes that a motor vehicle is a major consumer acquisition and that buyers of motor vehicles rely heavily on the odometer reading as an index of the condition and value of a vehicle. The General Assembly further recognizes that buyers are entitled to rely on the odometer reading as an accurate indication of the mileage of the motor vehicle and that an accurate indication of the mileage assists a buyer in deciding on the safety and reliability of the vehicle. The purposes of this subchapter are to prohibit tampering with motor vehicle odometers and to provide safeguards to protect purchasers in the sale of motor vehicles with altered or reset odometers. It is the intent of the General Assembly that this subchapter incorporate certain provisions of newly codified federal law to supplement existing Arkansas law. To that end, any state rule or federal rule or regulation in effect under a law replaced by this subchapter continues in effect under the corresponding provision enacted by this subchapter until repealed, amended, or superseded. In addition, where no substantive change in law has occurred, an action taken or an offense committed under a law replaced by a section of this subchapter is deemed to have been taken or committed under the corresponding provision enacted by this subchapter.

Amended by Act 2019, No. 315,§ 132, eff. 7/24/2019.

Acts 1995, No. 795, § 1.
Ark. Code Ann. § 4-28-621 — AR Code / Title 4 / Chapter 28 / Subchapter 6 / Section 4-28-621
Membership interest not transferable
Status: in_force

Except as otherwise provided in the governing principles, a member's interest or any right under the governing principles is not transferable. Acts 2011, No. 202, § 2.

Except as otherwise provided in the governing principles, a member's interest or any right under the governing principles is not transferable.

Acts 2011, No. 202, § 2.
Ark. Code Ann. § 4-103-203 — AR Code / Title 4 / Chapter 103 / Subchapter 2 / Section 4-103-203
Exemptions
Status: in_force

No charitable organization shall be liable for prosecution under this subchapter for failure to place a disclosure label on any container if: (1) The container generates less than one hundred dollars ($100) gross per annum; or (2) The charitable organization generates less than five hundred dollars ($500) per year from all sources for any charitable purpose or purposes combined. Acts 1997, No. 172, § 3.

No charitable organization shall be liable for prosecution under this subchapter for failure to place a disclosure label on any container if:

(1) The container generates less than one hundred dollars ($100) gross per annum; or

(2) The charitable organization generates less than five hundred dollars ($500) per year from all sources for any charitable purpose or purposes combined.

Acts 1997, No. 172, § 3.
Ark. Code Ann. § 4-75-214 — AR Code / Title 4 / Chapter 75 / Subchapter 2 / Section 4-75-214
Awards to the Attorney General - Use of moneys
Status: in_force

(a) There shall be established within the office of the Attorney General an Antitrust Enforcement Account into which all costs and fees recovered by the Attorney General under the terms of this subchapter or the federal antitrust laws shall be remitted. (b) The costs and fees deposited into the account shall be used for the furtherance of the Attorney General's duties and activities under this subchapter. Acts 2003, No. 1172, § 1.

(a) There shall be established within the office of the Attorney General an Antitrust Enforcement Account into which all costs and fees recovered by the Attorney General under the terms of this subchapter or the federal antitrust laws shall be remitted.

(b) The costs and fees deposited into the account shall be used for the furtherance of the Attorney General's duties and activities under this subchapter.

Acts 2003, No. 1172, § 1.
Ark. Code Ann. § 4-38-109 — AR Code / Title 4 / Chapter 38 / Subchapter 1 / Section 4-38-109
Powers
Status: in_force

A limited liability company has the capacity to sue and be sued in its own name and the power to do all things necessary or convenient to carry on its activities and affairs. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

A limited liability company has the capacity to sue and be sued in its own name and the power to do all things necessary or convenient to carry on its activities and affairs.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-105-203 — AR Code / Title 4 / Chapter 105 / Subchapter 2 / Section 4-105-203
Warranty
Status: in_force

If a new assistive device does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the assistive device lessor, or any of the manufacturer's authorized assistive device dealers and makes the assistive device available for repair before thirty (30) days after return delivery of the assistive device to a consumer, the nonconformity shall be repaired at no charge to the consumer. Acts 1999, No. 953, § 3.

If a new assistive device does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the assistive device lessor, or any of the manufacturer's authorized assistive device dealers and makes the assistive device available for repair before thirty (30) days after return delivery of the assistive device to a consumer, the nonconformity shall be repaired at no charge to the consumer.

Acts 1999, No. 953, § 3.
Ark. Code Ann. § 4-86-101 — AR Code / Title 4 / Chapter 86 / Section 4-86-101
Breach of warranty - Liability
Status: in_force

The lack of privity between plaintiff and defendant shall be no defense in any action brought against the manufacturer or seller of goods to recover damages for breach of warranty, express or implied, or for negligence, although the plaintiff did not purchase the goods from the defendant, if the plaintiff was a person whom the manufacturer or seller might reasonably have expected to use, consume, or be affected by the goods. Acts 1965, No. 35, § 1; A.S.A. 1947, § 85-2-318.1.

The lack of privity between plaintiff and defendant shall be no defense in any action brought against the manufacturer or seller of goods to recover damages for breach of warranty, express or implied, or for negligence, although the plaintiff did not purchase the goods from the defendant, if the plaintiff was a person whom the manufacturer or seller might reasonably have expected to use, consume, or be affected by the goods.

Acts 1965, No. 35, § 1; A.S.A. 1947, § 85-2-318.1.
Ark. Code Ann. § 4-108-207 — AR Code / Title 4 / Chapter 108 / Subchapter 2 / Section 4-108-207
Prohibited acts
Status: in_force

It shall be unlawful to: (1) Represent engine fuels, petroleum products, or automotive lubricants in any manner that may deceive or tend to deceive the purchaser as to the nature, brand, price, quantity, or quality of the products; (2) Fail to register an engine fuel designed for special use; (3) Submit incorrect, misleading, or false information regarding the registration of an engine fuel designed for special use; (4) Hinder or obstruct the State Plant Board in the performance of its duties; (5) Represent an engine fuel, petroleum product, or automotive lubricant that is contrary to the provisions of this subchapter; and (6) Represent automotive lubricants with a SAE International viscosity grade or American Petroleum Institute service classification other than those specified by the intended purchaser. Acts 2001, No. 586, § 7.

It shall be unlawful to:

(1) Represent engine fuels, petroleum products, or automotive lubricants in any manner that may deceive or tend to deceive the purchaser as to the nature, brand, price, quantity, or quality of the products;

(2) Fail to register an engine fuel designed for special use;

(3) Submit incorrect, misleading, or false information regarding the registration of an engine fuel designed for special use;

(4) Hinder or obstruct the State Plant Board in the performance of its duties;

(5) Represent an engine fuel, petroleum product, or automotive lubricant that is contrary to the provisions of this subchapter; and

(6) Represent automotive lubricants with a SAE International viscosity grade or American Petroleum Institute service classification other than those specified by the intended purchaser.

Acts 2001, No. 586, § 7.
Ark. Code Ann. § 4-73-303 — AR Code / Title 4 / Chapter 73 / Subchapter 3 / Section 4-73-303
Liability of seller for violation of subchapter
Status: in_force

(a) A person who offers or sells a fine print in violation of this subchapter shall be liable to the person purchasing the fine print. The purchaser may recover the consideration paid for the print with interest at the legal rate upon the tender of the print. (b) In any case in which a person willfully offers or sells a fine print in violation of this subchapter, the person purchasing the fine print may recover from the person who offers or sells the fine print an amount equal to three (3) times the amount required under subsection (a) of this section. Acts 1983, No. 819, § 5; A.S.A. 1947, § 68-1805.

(a) A person who offers or sells a fine print in violation of this subchapter shall be liable to the person purchasing the fine print. The purchaser may recover the consideration paid for the print with interest at the legal rate upon the tender of the print.

(b) In any case in which a person willfully offers or sells a fine print in violation of this subchapter, the person purchasing the fine print may recover from the person who offers or sells the fine print an amount equal to three (3) times the amount required under subsection (a) of this section.

Acts 1983, No. 819, § 5; A.S.A. 1947, § 68-1805.
Ark. Code Ann. § 4-29-306 — AR Code / Title 4 / Chapter 29 / Subchapter 3 / Section 4-29-306
Corporate name
Status: in_force

(a) (1) The corporate name may contain the names of one (1) or more of the shareholders. (2) However, the name of a person who is not employed by the corporation shall not be included in the corporate name, except that the name of a deceased shareholder may continue to be included in the corporate name for one (1) year following the decease of the shareholder. (b) The corporate name shall end with the word "Chartered", or the word "Limited", or the abbreviation "Ltd.", or the words "Professional Association", or the abbreviation "P.A.". Acts 1961, No. 179, § 4; 1965, No. 435, § 1; A.S.A. 1947, § 64-1704.

(a) (1) The corporate name may contain the names of one (1) or more of the shareholders. (2) However, the name of a person who is not employed by the corporation shall not be included in the corporate name, except that the name of a deceased shareholder may continue to be included in the corporate name for one (1) year following the decease of the shareholder.

(1) The corporate name may contain the names of one (1) or more of the shareholders.

(2) However, the name of a person who is not employed by the corporation shall not be included in the corporate name, except that the name of a deceased shareholder may continue to be included in the corporate name for one (1) year following the decease of the shareholder.

(b) The corporate name shall end with the word "Chartered", or the word "Limited", or the abbreviation "Ltd.", or the words "Professional Association", or the abbreviation "P.A.".

Acts 1961, No. 179, § 4; 1965, No. 435, § 1; A.S.A. 1947, § 64-1704.
Ark. Code Ann. § 4-33-1703 — AR Code / Title 4 / Chapter 33 / Subchapter 17 / Section 4-33-1703
Saving provisions
Status: in_force

(a) Except as provided in subsection (b) of this section, the repeal of a statute by this chapter does not affect: (1) the operation of the statute or any action taken under it before its repeal; (2) any ratification, right, remedy, privilege, obligation, or liability acquired, accrued, or incurred under the statute before its repeal; (3) any violation of the statute or any penalty, forfeiture, or punishment incurred because of the violation, before its repeal; (4) any proceeding, reorganization, or dissolution commenced under the statute before its repeal, and the proceeding, reorganization, or dissolution may be completed in accordance with the statute as if it had not been repealed; or (5) any meeting of members or directors or action by written consent noticed or any action taken before its repeal as a result of a meeting of members or directors or action by written consent. (b) If a penalty or punishment imposed for violation of a statute repealed by this chapter is reduced by this chapter, the penalty or punishment if not already imposed shall be imposed in accordance with this chapter. Acts 1993, No. 1147, § 1703.

(a) Except as provided in subsection (b) of this section, the repeal of a statute by this chapter does not affect: (1) the operation of the statute or any action taken under it before its repeal; (2) any ratification, right, remedy, privilege, obligation, or liability acquired, accrued, or incurred under the statute before its repeal; (3) any violation of the statute or any penalty, forfeiture, or punishment incurred because of the violation, before its repeal; (4) any proceeding, reorganization, or dissolution commenced under the statute before its repeal, and the proceeding, reorganization, or dissolution may be completed in accordance with the statute as if it had not been repealed; or (5) any meeting of members or directors or action by written consent noticed or any action taken before its repeal as a result of a meeting of members or directors or action by written consent.

(1) the operation of the statute or any action taken under it before its repeal;

(2) any ratification, right, remedy, privilege, obligation, or liability acquired, accrued, or incurred under the statute before its repeal;

(3) any violation of the statute or any penalty, forfeiture, or punishment incurred because of the violation, before its repeal;

(4) any proceeding, reorganization, or dissolution commenced under the statute before its repeal, and the proceeding, reorganization, or dissolution may be completed in accordance with the statute as if it had not been repealed; or

(5) any meeting of members or directors or action by written consent noticed or any action taken before its repeal as a result of a meeting of members or directors or action by written consent.

(b) If a penalty or punishment imposed for violation of a statute repealed by this chapter is reduced by this chapter, the penalty or punishment if not already imposed shall be imposed in accordance with this chapter.

Acts 1993, No. 1147, § 1703.
Ark. Code Ann. § 4-59-404 — AR Code / Title 4 / Chapter 59 / Subchapter 4 / Section 4-59-404
Issuance of receipt for goods owned by warehouseman without statement of ownership
Status: in_force

Where there are deposited with or held by a warehouseman goods of which he or she is owner, either solely, jointly, or in common with others, the warehouseman or any of his or her officers, agents, or servants who knowing of his or her ownership issue or aid in issuing a negotiable receipt for the goods which does not state the ownership, shall be guilty of a Class A misdemeanor. Acts 1915, No. 273, § 53; C. & M. Dig., § 10397; Pope's Dig., § 14465; A.S.A. 1947, § 68-1253; Acts 2005, No. 1994, § 217.

Where there are deposited with or held by a warehouseman goods of which he or she is owner, either solely, jointly, or in common with others, the warehouseman or any of his or her officers, agents, or servants who knowing of his or her ownership issue or aid in issuing a negotiable receipt for the goods which does not state the ownership, shall be guilty of a Class A misdemeanor.

Acts 1915, No. 273, § 53; C. & M. Dig., § 10397; Pope's Dig., § 14465; A.S.A. 1947, § 68-1253; Acts 2005, No. 1994, § 217.
Ark. Code Ann. § 4-73-206 — AR Code / Title 4 / Chapter 73 / Subchapter 2 / Section 4-73-206
Consigned artworks exempt from liens and security interests
Status: in_force

A work of art delivered to an art dealer for the purpose of exhibition or sale and the proceeds from the sale of the work by the dealer, whether to the dealer on his or her own account or to a third person, are not subject to the claims, liens, or security interests of the creditors of the art dealer, notwithstanding any law to the contrary. Acts 1983, No. 820, § 3; A.S.A. 1947, § 68-1808.

A work of art delivered to an art dealer for the purpose of exhibition or sale and the proceeds from the sale of the work by the dealer, whether to the dealer on his or her own account or to a third person, are not subject to the claims, liens, or security interests of the creditors of the art dealer, notwithstanding any law to the contrary.

Acts 1983, No. 820, § 3; A.S.A. 1947, § 68-1808.
Ark. Code Ann. § 4-33-1707 — AR Code / Title 4 / Chapter 33 / Subchapter 17 / Section 4-33-1707
Public benefit, mutual benefit and religious corporations
Status: in_force

Upon electing to be governed by the provisions of this chapter, each domestic corporation existing on January 1, 1994, that becomes subject to this chapter shall be designated as a public benefit, mutual benefit or religious corporation as follows: (1) Any corporation designated by statute as a public benefit corporation, a mutual benefit corporation or a religious corporation is the type of corporation designated by statute; (2) Any corporation that does not come within subsection (1) of this section but is organized primarily or exclusively for religious purposes is a religious corporation; (3) Any corporation that does not come within subsection (1) or (2) of this section but that is recognized as exempt under section 501(c)(3) of the Internal Revenue Code, or any successor section, is a public benefit corporation; (4) Any corporation that does not come within subsection (1), (2), or (3) of this section, but that is organized for a public or charitable purpose and that upon dissolution must distribute its assets to a public benefit corporation, the United States, a state or a person that is recognized as exempt under section 501(c)(3) of the Internal Revenue Code, or any successor section, is a public benefit corporation; and (5) Any corporation that does not come within subsection (1), (2), (3), or (4) of this section is a mutual benefit corporation. Acts 1993, No. 1147, § 1706.

Upon electing to be governed by the provisions of this chapter, each domestic corporation existing on January 1, 1994, that becomes subject to this chapter shall be designated as a public benefit, mutual benefit or religious corporation as follows:

(1) Any corporation designated by statute as a public benefit corporation, a mutual benefit corporation or a religious corporation is the type of corporation designated by statute;

(2) Any corporation that does not come within subsection (1) of this section but is organized primarily or exclusively for religious purposes is a religious corporation;

(3) Any corporation that does not come within subsection (1) or (2) of this section but that is recognized as exempt under section 501(c)(3) of the Internal Revenue Code, or any successor section, is a public benefit corporation;

(4) Any corporation that does not come within subsection (1), (2), or (3) of this section, but that is organized for a public or charitable purpose and that upon dissolution must distribute its assets to a public benefit corporation, the United States, a state or a person that is recognized as exempt under section 501(c)(3) of the Internal Revenue Code, or any successor section, is a public benefit corporation; and

(5) Any corporation that does not come within subsection (1), (2), (3), or (4) of this section is a mutual benefit corporation.

Acts 1993, No. 1147, § 1706.
Ark. Code Ann. § 4-47-902 — AR Code / Title 4 / Chapter 47 / Subchapter 9 / Section 4-47-902
Application for certificate of authority
Status: in_force

(a) Before transacting business in this State, a foreign limited partnership shall apply for a certificate of authority to transact business in this State by delivering an application to the Secretary of State for filing. The application must state: (1) the name of the foreign limited partnership and, if the name does not comply with § 4-47-108 , an alternate name adopted pursuant to § 4-47-905(a) ; (2) the name of the State or other jurisdiction under whose law the foreign limited partnership is organized; (3) the street and mailing address of the foreign limited partnership's principal office and, if the laws of the jurisdiction under which the foreign limited partnership is organized require the foreign limited partnership to maintain an office in that jurisdiction, the street and mailing address of the required office; (4) the information required by § 4-20-105(a) concerning the foreign limited partnership's initial agent for service of process in this State; (5) the name and street and mailing address of each of the foreign limited partnership's general partners; and (6) whether the foreign limited partnership is a foreign limited liability limited partnership. (b) A foreign limited partnership shall deliver with the completed application a certificate of existence or a record of similar import signed by the Secretary of State or other official having custody of the foreign limited partnership's publicly filed records in the State or other jurisdiction under whose law the foreign limited partnership is organized. Acts 2007, No. 15, § 1; 2009, No. 814, § 14.

(a) Before transacting business in this State, a foreign limited partnership shall apply for a certificate of authority to transact business in this State by delivering an application to the Secretary of State for filing. The application must state: (1) the name of the foreign limited partnership and, if the name does not comply with § 4-47-108 , an alternate name adopted pursuant to § 4-47-905(a) ; (2) the name of the State or other jurisdiction under whose law the foreign limited partnership is organized; (3) the street and mailing address of the foreign limited partnership's principal office and, if the laws of the jurisdiction under which the foreign limited partnership is organized require the foreign limited partnership to maintain an office in that jurisdiction, the street and mailing address of the required office; (4) the information required by § 4-20-105(a) concerning the foreign limited partnership's initial agent for service of process in this State; (5) the name and street and mailing address of each of the foreign limited partnership's general partners; and (6) whether the foreign limited partnership is a foreign limited liability limited partnership.

(1) the name of the foreign limited partnership and, if the name does not comply with § 4-47-108 , an alternate name adopted pursuant to § 4-47-905(a) ;

(2) the name of the State or other jurisdiction under whose law the foreign limited partnership is organized;

(3) the street and mailing address of the foreign limited partnership's principal office and, if the laws of the jurisdiction under which the foreign limited partnership is organized require the foreign limited partnership to maintain an office in that jurisdiction, the street and mailing address of the required office;

(4) the information required by § 4-20-105(a) concerning the foreign limited partnership's initial agent for service of process in this State;

(5) the name and street and mailing address of each of the foreign limited partnership's general partners; and

(6) whether the foreign limited partnership is a foreign limited liability limited partnership.

(b) A foreign limited partnership shall deliver with the completed application a certificate of existence or a record of similar import signed by the Secretary of State or other official having custody of the foreign limited partnership's publicly filed records in the State or other jurisdiction under whose law the foreign limited partnership is organized.

Acts 2007, No. 15, § 1; 2009, No. 814, § 14.
Ark. Code Ann. § 4-17-103 — AR Code / Title 4 / Chapter 17 / Section 4-17-103
Notes, tickets, etc. - Issuance by local subdivisions and corporations unlawful
Status: in_force

(a) It shall not be lawful for any city, town, or corporation whatever within the State of Arkansas to issue small bills or notes, commonly denominated change tickets, or shinplasters, unless specifically authorized by law. (b) All persons, officers of the city, town, or corporation, or others, whose names shall be affixed to any such bills, notes, change tickets, or shinplasters issued in violation of this section shall be individually responsible for the same. (c) The holders of any such bill, note, change ticket, or shinplaster issued in violation of this section may sue for and recover in gold and silver the amount for which they purport to be payable, from the individuals whose names shall be affixed thereto, before any justice of the peace residing in the city, town, or county in which the same may have been issued. Acts 1838, §§ 1-3, p. 13; C. & M. Dig., §§ 1014-1016; Pope's Dig., §§ 1223-1225; A.S.A. 1947, §§ 68-704 -- 68-706.

(a) It shall not be lawful for any city, town, or corporation whatever within the State of Arkansas to issue small bills or notes, commonly denominated change tickets, or shinplasters, unless specifically authorized by law.

(b) All persons, officers of the city, town, or corporation, or others, whose names shall be affixed to any such bills, notes, change tickets, or shinplasters issued in violation of this section shall be individually responsible for the same.

(c) The holders of any such bill, note, change ticket, or shinplaster issued in violation of this section may sue for and recover in gold and silver the amount for which they purport to be payable, from the individuals whose names shall be affixed thereto, before any justice of the peace residing in the city, town, or county in which the same may have been issued.

Acts 1838, §§ 1-3, p. 13; C. & M. Dig., §§ 1014-1016; Pope's Dig., §§ 1223-1225; A.S.A. 1947, §§ 68-704 -- 68-706.
Ark. Code Ann. § 4-105-201 — AR Code / Title 4 / Chapter 105 / Subchapter 2 / Section 4-105-201
Definitions
Status: in_force

For purposes of this subchapter: (1) (A) "Assistive device" means a: (i) Manual wheelchair; (ii) Motorized wheelchair; (iii) Motorized scooter designed to enhance the mobility of a disabled person; or (iv) Van lift. (B) "Assistive device" does not include a device having a value of less than seven hundred fifty dollars ($750); (2) "Assistive device dealer" means a person who is in the business of selling assistive devices; (3) "Assistive device lessor" means a person who leases an assistive device to a consumer or who holds the lessor's rights under a written lease; (4) "Assistive device warranty" means the warranty attached to assistive devices sold or leased by assistive device manufacturers or assistive device dealers; (5) "Collateral costs" means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining an alternative assistive device; (6) "Consumer" means: (A) The purchaser of an assistive device, if the assistive device was purchased from an assistive device dealer or manufacturer for purposes other than resale; (B) A person to whom the assistive device is transferred for purposes other than resale if the transfer occurs before the expiration of an express warranty applicable to the assistive device; (C) A person who may enforce the warranty; and (D) A person who leases an assistive device from an assistive device lessor under a written lease; (7) "Demonstrator" means an assistive device used primarily for the purpose of demonstration to the public; (8) (A) "Early termination cost" means any expense or obligation that an assistive device lessor incurs as a result of both the termination of a written lease before the termination date set forth in that lease and the return of an assistive device to a manufacturer pursuant to the provisions of this subchapter. (B) "Early termination cost" includes a penalty for prepayment under a finance arrangement; (9) (A) "Early termination saving" means any expense or obligation that an assistive device lessor avoids as a result of both the termination of a written lease before the termination date set forth in that lease and the return of an assistive device to a manufacturer pursuant to the provisions of this subchapter. (B) "Early termination saving" includes an interest charge that the assistive device lessor would have paid to finance the assistive device or, if the assistive device lessor does not finance the assistive device, the difference between the total amount for which the lease obligates the consumer during the period of the lease term remaining after the early termination and the present value of that amount at the date of the early termination; (10) "Manufacturer" means a person who manufactures or assembles assistive devices and agents of that person, including an importer, a distributor, factory branch, distributor branch, and any warrantors of the manufacturer's assistive device, but does not include an assistive device dealer; (11) "Nonconformity" means a condition or defect that substantially impairs the use, value, or safety of an assistive device and that is covered by an express warranty applicable to the assistive device or to a component of the assistive device, including, but not limited to, any piece or part or any premanufactured and assembled part by the manufacturer or employee that fails in use, but does not include: (A) A condition of the device that is the result of abuse, neglect, or unauthorized modification or alteration of the assistive device by a consumer; or (B) A condition of the device that is the result of normal use which may be resolved through a fitting adjustment, preventative maintenance, or proper care; and (12) "Reasonable attempt to repair" means, within the terms of an express warranty applicable to a new assistive device: (A) Presenting the assistive device for repair of the same nonconformity on at least three (3) separate occasions to the manufacturer, assistive device lessor, or any of the manufacturer's authorized assistive device dealers; or (B) The assistive device is out of service with no assistive device available for loan for an aggregate of at least fourteen (14) calendar days because of warranty nonconformity. Acts 1999, No. 953, § 1.

For purposes of this subchapter:

(1) (A) "Assistive device" means a: (i) Manual wheelchair; (ii) Motorized wheelchair; (iii) Motorized scooter designed to enhance the mobility of a disabled person; or (iv) Van lift. (B) "Assistive device" does not include a device having a value of less than seven hundred fifty dollars ($750);

(A) "Assistive device" means a: (i) Manual wheelchair; (ii) Motorized wheelchair; (iii) Motorized scooter designed to enhance the mobility of a disabled person; or (iv) Van lift.

(i) Manual wheelchair;

(ii) Motorized wheelchair;

(iii) Motorized scooter designed to enhance the mobility of a disabled person; or

(iv) Van lift.

(B) "Assistive device" does not include a device having a value of less than seven hundred fifty dollars ($750);

(2) "Assistive device dealer" means a person who is in the business of selling assistive devices;

(3) "Assistive device lessor" means a person who leases an assistive device to a consumer or who holds the lessor's rights under a written lease;

(4) "Assistive device warranty" means the warranty attached to assistive devices sold or leased by assistive device manufacturers or assistive device dealers;

(5) "Collateral costs" means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining an alternative assistive device;

(6) "Consumer" means: (A) The purchaser of an assistive device, if the assistive device was purchased from an assistive device dealer or manufacturer for purposes other than resale; (B) A person to whom the assistive device is transferred for purposes other than resale if the transfer occurs before the expiration of an express warranty applicable to the assistive device; (C) A person who may enforce the warranty; and (D) A person who leases an assistive device from an assistive device lessor under a written lease;

(A) The purchaser of an assistive device, if the assistive device was purchased from an assistive device dealer or manufacturer for purposes other than resale;

(B) A person to whom the assistive device is transferred for purposes other than resale if the transfer occurs before the expiration of an express warranty applicable to the assistive device;

(C) A person who may enforce the warranty; and

(D) A person who leases an assistive device from an assistive device lessor under a written lease;

(7) "Demonstrator" means an assistive device used primarily for the purpose of demonstration to the public;

(8) (A) "Early termination cost" means any expense or obligation that an assistive device lessor incurs as a result of both the termination of a written lease before the termination date set forth in that lease and the return of an assistive device to a manufacturer pursuant to the provisions of this subchapter. (B) "Early termination cost" includes a penalty for prepayment under a finance arrangement;

(A) "Early termination cost" means any expense or obligation that an assistive device lessor incurs as a result of both the termination of a written lease before the termination date set forth in that lease and the return of an assistive device to a manufacturer pursuant to the provisions of this subchapter.

(B) "Early termination cost" includes a penalty for prepayment under a finance arrangement;

(9) (A) "Early termination saving" means any expense or obligation that an assistive device lessor avoids as a result of both the termination of a written lease before the termination date set forth in that lease and the return of an assistive device to a manufacturer pursuant to the provisions of this subchapter. (B) "Early termination saving" includes an interest charge that the assistive device lessor would have paid to finance the assistive device or, if the assistive device lessor does not finance the assistive device, the difference between the total amount for which the lease obligates the consumer during the period of the lease term remaining after the early termination and the present value of that amount at the date of the early termination;

(A) "Early termination saving" means any expense or obligation that an assistive device lessor avoids as a result of both the termination of a written lease before the termination date set forth in that lease and the return of an assistive device to a manufacturer pursuant to the provisions of this subchapter.

(B) "Early termination saving" includes an interest charge that the assistive device lessor would have paid to finance the assistive device or, if the assistive device lessor does not finance the assistive device, the difference between the total amount for which the lease obligates the consumer during the period of the lease term remaining after the early termination and the present value of that amount at the date of the early termination;

(10) "Manufacturer" means a person who manufactures or assembles assistive devices and agents of that person, including an importer, a distributor, factory branch, distributor branch, and any warrantors of the manufacturer's assistive device, but does not include an assistive device dealer;

(11) "Nonconformity" means a condition or defect that substantially impairs the use, value, or safety of an assistive device and that is covered by an express warranty applicable to the assistive device or to a component of the assistive device, including, but not limited to, any piece or part or any premanufactured and assembled part by the manufacturer or employee that fails in use, but does not include: (A) A condition of the device that is the result of abuse, neglect, or unauthorized modification or alteration of the assistive device by a consumer; or (B) A condition of the device that is the result of normal use which may be resolved through a fitting adjustment, preventative maintenance, or proper care; and

(A) A condition of the device that is the result of abuse, neglect, or unauthorized modification or alteration of the assistive device by a consumer; or

(B) A condition of the device that is the result of normal use which may be resolved through a fitting adjustment, preventative maintenance, or proper care; and

(12) "Reasonable attempt to repair" means, within the terms of an express warranty applicable to a new assistive device: (A) Presenting the assistive device for repair of the same nonconformity on at least three (3) separate occasions to the manufacturer, assistive device lessor, or any of the manufacturer's authorized assistive device dealers; or (B) The assistive device is out of service with no assistive device available for loan for an aggregate of at least fourteen (14) calendar days because of warranty nonconformity.

(A) Presenting the assistive device for repair of the same nonconformity on at least three (3) separate occasions to the manufacturer, assistive device lessor, or any of the manufacturer's authorized assistive device dealers; or

(B) The assistive device is out of service with no assistive device available for loan for an aggregate of at least fourteen (14) calendar days because of warranty nonconformity.

Acts 1999, No. 953, § 1.
Ark. Code Ann. § 4-88-1206 — AR Code / Title 4 / Chapter 88 / Subchapter 12 / Section 4-88-1206
Violations
Status: in_force

(a) (1) An individual, organization, group, association, partnership, or corporation violating this subchapter is guilty of a violation. (2) Upon conviction, an individual, organization, group, association, partnership, or corporation shall be fined in a sum not less than one hundred dollars ($100) nor greater than five hundred dollars ($500). (b) Every sale or resale, or offer for sale or resale, that violates this subchapter is a separate actionable offense. (c) An institution of higher education and its officers, agents, employees, volunteers, designees, and affiliated entities shall not be held criminally or civilly liable for a violation of this subchapter. (d) This subchapter shall not be construed as a waiver of any immunity available under state law or its instrumentalities, officers, agents, employees, or volunteers. Added by Act 2023, No. 590,§ 1, eff. 4/11/2023.

(a) (1) An individual, organization, group, association, partnership, or corporation violating this subchapter is guilty of a violation. (2) Upon conviction, an individual, organization, group, association, partnership, or corporation shall be fined in a sum not less than one hundred dollars ($100) nor greater than five hundred dollars ($500).

(1) An individual, organization, group, association, partnership, or corporation violating this subchapter is guilty of a violation.

(2) Upon conviction, an individual, organization, group, association, partnership, or corporation shall be fined in a sum not less than one hundred dollars ($100) nor greater than five hundred dollars ($500).

(b) Every sale or resale, or offer for sale or resale, that violates this subchapter is a separate actionable offense.

(c) An institution of higher education and its officers, agents, employees, volunteers, designees, and affiliated entities shall not be held criminally or civilly liable for a violation of this subchapter.

(d) This subchapter shall not be construed as a waiver of any immunity available under state law or its instrumentalities, officers, agents, employees, or volunteers.

Added by Act 2023, No. 590,§ 1, eff. 4/11/2023.
Ark. Code Ann. § 4-27-1801 — AR Code / Title 4 / Chapter 27 / Subchapter 18 / Section 4-27-1801
Share exchange
Status: in_force

(a) A corporation may acquire all of the outstanding shares of one (1) or more classes or series of another corporation if the board of directors and shareholders if required by § 4-27-1802 of each corporation approve the exchange. (b) The plan of exchange shall set forth: (1) The name of the corporation whose shares will be acquired and the name of the acquiring corporation; (2) The terms and conditions of the exchange; and (3) The manner and basis of exchanging the shares to be acquired for: (A) Shares, obligations, or other securities of the acquiring corporation or any other corporation; or (B) Cash or other property. (c) The plan of exchange may set forth other provisions relating to the exchange. (d) This section does not limit the power of a corporation to acquire all or part of the shares of one (1) or more classes or series of another corporation through a voluntary exchange or otherwise. Acts 2009, No. 408, § 4.

(a) A corporation may acquire all of the outstanding shares of one (1) or more classes or series of another corporation if the board of directors and shareholders if required by § 4-27-1802 of each corporation approve the exchange.

(b) The plan of exchange shall set forth: (1) The name of the corporation whose shares will be acquired and the name of the acquiring corporation; (2) The terms and conditions of the exchange; and (3) The manner and basis of exchanging the shares to be acquired for: (A) Shares, obligations, or other securities of the acquiring corporation or any other corporation; or (B) Cash or other property.

(1) The name of the corporation whose shares will be acquired and the name of the acquiring corporation;

(2) The terms and conditions of the exchange; and

(3) The manner and basis of exchanging the shares to be acquired for: (A) Shares, obligations, or other securities of the acquiring corporation or any other corporation; or (B) Cash or other property.

(A) Shares, obligations, or other securities of the acquiring corporation or any other corporation; or

(B) Cash or other property.

(c) The plan of exchange may set forth other provisions relating to the exchange.

(d) This section does not limit the power of a corporation to acquire all or part of the shares of one (1) or more classes or series of another corporation through a voluntary exchange or otherwise.

Acts 2009, No. 408, § 4.
Ark. Code Ann. § 4-59-211 — AR Code / Title 4 / Chapter 59 / Subchapter 2 / Section 4-59-211
Application to series organization
Status: in_force

(a) In this section: (1) "Protected series" means an arrangement, however denominated, created by a series organization that, pursuant to the law under which the series organization is organized, has the characteristics set forth in subdivision (a)(2) of this section. (2) "Series organization" means an organization that, pursuant to the law under which it is organized, has the following characteristics: (i) the organic record of the organization provides for creation by the organization of one or more protected series, however denominated, with respect to specified property of the organization, and for records to be maintained for each protected series that identify the property of or associated with the protected series. (ii) debt incurred or existing with respect to the activities of, or property of or associated with, a particular protected series is enforceable against the property of or associated with the protected series only, and not against the property of or associated with the organization or other protected series of the organization. (iii) debt incurred or existing with respect to the activities or property of the organization is enforceable against the property of the organization only, and not against the property of or associated with a protected series of the organization. (b) A series organization and each protected series of the organization is a separate person for purposes of this subchapter, even if for other purposes a protected series is not a person separate from the organization or other protected series of the organization. Amended by Act 2017, No. 1086,§ 1, eff. 8/1/2017. Acts 1987, No. 967, § 11.

(a) In this section: (1) "Protected series" means an arrangement, however denominated, created by a series organization that, pursuant to the law under which the series organization is organized, has the characteristics set forth in subdivision (a)(2) of this section. (2) "Series organization" means an organization that, pursuant to the law under which it is organized, has the following characteristics: (i) the organic record of the organization provides for creation by the organization of one or more protected series, however denominated, with respect to specified property of the organization, and for records to be maintained for each protected series that identify the property of or associated with the protected series. (ii) debt incurred or existing with respect to the activities of, or property of or associated with, a particular protected series is enforceable against the property of or associated with the protected series only, and not against the property of or associated with the organization or other protected series of the organization. (iii) debt incurred or existing with respect to the activities or property of the organization is enforceable against the property of the organization only, and not against the property of or associated with a protected series of the organization.

(1) "Protected series" means an arrangement, however denominated, created by a series organization that, pursuant to the law under which the series organization is organized, has the characteristics set forth in subdivision (a)(2) of this section.

(2) "Series organization" means an organization that, pursuant to the law under which it is organized, has the following characteristics: (i) the organic record of the organization provides for creation by the organization of one or more protected series, however denominated, with respect to specified property of the organization, and for records to be maintained for each protected series that identify the property of or associated with the protected series. (ii) debt incurred or existing with respect to the activities of, or property of or associated with, a particular protected series is enforceable against the property of or associated with the protected series only, and not against the property of or associated with the organization or other protected series of the organization. (iii) debt incurred or existing with respect to the activities or property of the organization is enforceable against the property of the organization only, and not against the property of or associated with a protected series of the organization.

(i) the organic record of the organization provides for creation by the organization of one or more protected series, however denominated, with respect to specified property of the organization, and for records to be maintained for each protected series that identify the property of or associated with the protected series.

(ii) debt incurred or existing with respect to the activities of, or property of or associated with, a particular protected series is enforceable against the property of or associated with the protected series only, and not against the property of or associated with the organization or other protected series of the organization.

(iii) debt incurred or existing with respect to the activities or property of the organization is enforceable against the property of the organization only, and not against the property of or associated with a protected series of the organization.

(b) A series organization and each protected series of the organization is a separate person for purposes of this subchapter, even if for other purposes a protected series is not a person separate from the organization or other protected series of the organization.

Amended by Act 2017, No. 1086,§ 1, eff. 8/1/2017.

Acts 1987, No. 967, § 11.
Ark. Code Ann. § 4-71-209 — AR Code / Title 4 / Chapter 71 / Subchapter 2 / Section 4-71-209
Cancellation
Status: in_force

The Secretary of State shall cancel from the register, in whole or in part: (1) Any registration concerning which the Secretary of State shall receive a voluntary request for cancellation from the registrant or the assignee of record; (2) All registrations granted under this subchapter and not renewed in accordance with the provisions of this subchapter; (3) Any registration concerning which a court of competent jurisdiction shall find that: (A) The registered mark has been abandoned; (B) The registrant is not the owner of the mark; (C) The registration was granted improperly; (D) The registration was obtained fraudulently; (E) The mark is or has become the generic name for the goods or services, or a portion thereof, for which it has been registered; or (F) (i) The registered mark is so similar to a mark registered by another person in the United States Patent and Trademark Office prior to the date of the filing of the application for registration by the registrant under this subchapter, and not abandoned, as to be likely to cause confusion or mistake or to deceive. (ii) Provided, however, that should the registrant prove that the registrant is the owner of a concurrent registration of a mark in the United States Patent and Trademark Office covering an area including this state, the registration under this subchapter shall not be cancelled for that area of the state; or (4) Any registration that a court of competent jurisdiction shall order cancelled on any ground. Acts 1997, No. 1109, § 9.

The Secretary of State shall cancel from the register, in whole or in part:

(1) Any registration concerning which the Secretary of State shall receive a voluntary request for cancellation from the registrant or the assignee of record;

(2) All registrations granted under this subchapter and not renewed in accordance with the provisions of this subchapter;

(3) Any registration concerning which a court of competent jurisdiction shall find that: (A) The registered mark has been abandoned; (B) The registrant is not the owner of the mark; (C) The registration was granted improperly; (D) The registration was obtained fraudulently; (E) The mark is or has become the generic name for the goods or services, or a portion thereof, for which it has been registered; or (F) (i) The registered mark is so similar to a mark registered by another person in the United States Patent and Trademark Office prior to the date of the filing of the application for registration by the registrant under this subchapter, and not abandoned, as to be likely to cause confusion or mistake or to deceive. (ii) Provided, however, that should the registrant prove that the registrant is the owner of a concurrent registration of a mark in the United States Patent and Trademark Office covering an area including this state, the registration under this subchapter shall not be cancelled for that area of the state; or

(A) The registered mark has been abandoned;

(B) The registrant is not the owner of the mark;

(C) The registration was granted improperly;

(D) The registration was obtained fraudulently;

(E) The mark is or has become the generic name for the goods or services, or a portion thereof, for which it has been registered; or

(F) (i) The registered mark is so similar to a mark registered by another person in the United States Patent and Trademark Office prior to the date of the filing of the application for registration by the registrant under this subchapter, and not abandoned, as to be likely to cause confusion or mistake or to deceive. (ii) Provided, however, that should the registrant prove that the registrant is the owner of a concurrent registration of a mark in the United States Patent and Trademark Office covering an area including this state, the registration under this subchapter shall not be cancelled for that area of the state; or

(i) The registered mark is so similar to a mark registered by another person in the United States Patent and Trademark Office prior to the date of the filing of the application for registration by the registrant under this subchapter, and not abandoned, as to be likely to cause confusion or mistake or to deceive.

(ii) Provided, however, that should the registrant prove that the registrant is the owner of a concurrent registration of a mark in the United States Patent and Trademark Office covering an area including this state, the registration under this subchapter shall not be cancelled for that area of the state; or

(4) Any registration that a court of competent jurisdiction shall order cancelled on any ground.

Acts 1997, No. 1109, § 9.
Ark. Code Ann. § 4-27-1701 — AR Code / Title 4 / Chapter 27 / Subchapter 17 / Section 4-27-1701
Application to existing domestic corporations
Status: in_force

This chapter applies to all domestic corporations incorporated on or after its effective date as specified in § 4-27-1706 . A corporation incorporated prior to such effective date under any general statute of this state providing for incorporation of corporations for profit may elect to be governed by the provisions of this chapter by amending its articles of incorporation to provide that it shall be so governed. Such election may be made at any time on or after midnight, December 31, 1987, but once made shall be irrevocable. The amendment to the articles of incorporation effecting such election must be approved by the affirmative vote of the holders of at least two-thirds (2/3) of the shares of each outstanding class of the corporation's capital stock. Domestic corporations existing prior to midnight, December 31, 1987, which do not elect to be governed by its provisions shall continue to be governed by preexisting law. Acts 1987, No. 958, § 64-1701.

This chapter applies to all domestic corporations incorporated on or after its effective date as specified in § 4-27-1706 . A corporation incorporated prior to such effective date under any general statute of this state providing for incorporation of corporations for profit may elect to be governed by the provisions of this chapter by amending its articles of incorporation to provide that it shall be so governed. Such election may be made at any time on or after midnight, December 31, 1987, but once made shall be irrevocable. The amendment to the articles of incorporation effecting such election must be approved by the affirmative vote of the holders of at least two-thirds (2/3) of the shares of each outstanding class of the corporation's capital stock. Domestic corporations existing prior to midnight, December 31, 1987, which do not elect to be governed by its provisions shall continue to be governed by preexisting law.

Acts 1987, No. 958, § 64-1701.
Ark. Code Ann. § 4-108-204 — AR Code / Title 4 / Chapter 108 / Subchapter 2 / Section 4-108-204
Administration - Adoption of standards - Rules
Status: in_force

(a) The provisions of this subchapter shall be administered by the Director of the State Plant Board. (b) (1) (A) For the purpose of administering and giving effect to the provisions of this subchapter, the State Plant Board may adopt the specification and test method standards set forth in both the most recent edition of the National Institute of Standards and Technology Handbook 130 and the most recent edition of the Annual Book of ASTM Standards and supplements thereto, and revisions thereof. (B) When no ASTM International standard exists, other generally recognized national consensus standards may be used. (2) The board is empowered to write rules on the advertising, posting of prices, labeling, standards for, and identity of fuels, petroleum products, and automotive lubricants and is authorized to establish a testing laboratory. Amended by Act 2019, No. 315,§ 144, eff. 7/24/2019. Acts 2001, No. 586, § 4.

(a) The provisions of this subchapter shall be administered by the Director of the State Plant Board.

(b) (1) (A) For the purpose of administering and giving effect to the provisions of this subchapter, the State Plant Board may adopt the specification and test method standards set forth in both the most recent edition of the National Institute of Standards and Technology Handbook 130 and the most recent edition of the Annual Book of ASTM Standards and supplements thereto, and revisions thereof. (B) When no ASTM International standard exists, other generally recognized national consensus standards may be used. (2) The board is empowered to write rules on the advertising, posting of prices, labeling, standards for, and identity of fuels, petroleum products, and automotive lubricants and is authorized to establish a testing laboratory.

(1) (A) For the purpose of administering and giving effect to the provisions of this subchapter, the State Plant Board may adopt the specification and test method standards set forth in both the most recent edition of the National Institute of Standards and Technology Handbook 130 and the most recent edition of the Annual Book of ASTM Standards and supplements thereto, and revisions thereof. (B) When no ASTM International standard exists, other generally recognized national consensus standards may be used.

(A) For the purpose of administering and giving effect to the provisions of this subchapter, the State Plant Board may adopt the specification and test method standards set forth in both the most recent edition of the National Institute of Standards and Technology Handbook 130 and the most recent edition of the Annual Book of ASTM Standards and supplements thereto, and revisions thereof.

(B) When no ASTM International standard exists, other generally recognized national consensus standards may be used.

(2) The board is empowered to write rules on the advertising, posting of prices, labeling, standards for, and identity of fuels, petroleum products, and automotive lubricants and is authorized to establish a testing laboratory.

Amended by Act 2019, No. 315,§ 144, eff. 7/24/2019.

Acts 2001, No. 586, § 4.
Ark. Code Ann. § 4-47-504 — AR Code / Title 4 / Chapter 47 / Subchapter 5 / Section 4-47-504
Interim distributions
Status: in_force

A partner does not have a right to any distribution before the dissolution and winding up of the limited partnership unless the limited partnership decides to make an interim distribution. Acts 2007, No. 15, § 1.

A partner does not have a right to any distribution before the dissolution and winding up of the limited partnership unless the limited partnership decides to make an interim distribution.

Acts 2007, No. 15, § 1.