Ark. Code Ann. § 4-75-212 — AR Code / Title 4 / Chapter 75 / Subchapter 2 / Section 4-75-212
Civil actions and settlements by the Attorney General
Status: in_force

(a) In addition to the other remedies provided in this subchapter, whenever the Attorney General has reason to believe that any person is engaging, has engaged, or is about to engage in any act or practice declared unlawful by this subchapter, the Attorney General may bring an action in the name of the state against that person: (1) To obtain a declaratory judgment that the act or practice violates the provisions of this subchapter; (2) To enjoin any act or practice that violates the provisions of this subchapter by issuance of a temporary restraining order or preliminary or permanent injunction, without bond, upon the giving of appropriate notice; (3) To recover on behalf of the state and its agencies actual damages or restitution for loss incurred either directly or indirectly; and (4) To recover civil penalties of up to one thousand dollars ($1,000) per violation of this subchapter, or any injunction, judgment or consent order issued or entered into under the provisions of this subchapter and reasonable expenses, investigative costs, and attorney's fees. (b) The Attorney General may also bring a civil action in the name of the state, as parens patriae on behalf of natural persons residing in this state, to secure monetary relief as provided under this section for injury, directly or indirectly sustained by those persons because of any violation of this subchapter, in accordance with the following provisions: (1) (A) The circuit court shall award the Attorney General as monetary relief actual damages sustained or restitution for loss incurred as a result of the violations of this subchapter, and the cost of suit, including a reasonable attorney's fee. (B) The court shall exclude from the amount of monetary relief awarded in the action any amount which duplicates amounts that have been awarded for the same injury already or which are allocable to persons who have excluded their claims under subdivision (b)(3)(A) of this section. (C) The treble damages recoverable under § 4-75-211(b)(3) are not recoverable under a parens patriae action brought under this section; (2) (A) In any action brought under this section, the Attorney General shall, at the time, in the manner, and with the content as the court may direct, cause notice of the parens patriae action to be given by publication. (B) If the court finds that notice given solely by publication would deny due process of law to any person, the court shall direct the Attorney General to give the notice as may be required by due process of law; (3) (A) Any person on whose behalf an action is brought under this section may elect to exclude from the adjudication the portion of the Attorney General's claim for monetary relief attributable to him or her by filing notice of the election with the court, within the time period specified in the notice of the action given to the persons to be benefited by the action. (B) Any person failing to give the notice shall be barred during the pendency of the action from commencing an action in his or her own name for the injury alleged in the action and the final judgment in the action shall be res judicata as to any claim which could be brought by the person under this act based on the facts alleged or proven in the action. (C) (i) The provisions of §§ 4-75-212 - 4-75-216 of this subchapter shall apply only to actions instituted by the Attorney General. (ii) Nothing contained in the provisions set forth in §§ 4-75-212 - 4-75-216 should be deemed to expand the rights or remedies available to persons proceeding under any action instituted by one (1) or more persons or an entity other than the Attorney General, for violations of the provisions of this subchapter; and (4) All damages shall be distributed in a manner that will afford each person a reasonable opportunity to secure his or her appropriate portion of the net monetary relief, including a distribution under the theory of cy pres, subject to approval by the court. (c) (1) In lieu of instigating or continuing an action or proceeding, or to conclude an investigation commenced or contemplated under this subchapter, the Attorney General may accept a consent decree with respect to any act or practice alleged to be a violation of this subchapter. (2) The consent decree may include a stipulation for the payment of civil penalties, the Attorney General's reasonable expenses, investigative costs and attorney's fees, an agreement to pay damages or to allow for restitution of money, property, or other things received in connection with a violation of this act, and agreed to injunctive provisions. (3) Before any consent decree entered into under this section is effective, it must be approved by the circuit court, the federal district court, or if an action has already been commenced, the court in which the action is pending and an entry made in that court in the manner required for making an entry of judgment. (4) (A) If the consent decree submitted to the court is to settle an action brought under subsection (b) of this section, notice of the proposed settlement shall be given in the manner as the court directs. (B) Once court approval is received, any breach of the conditions of the consent decree shall be treated as a violation of a court order, and shall be subject to all penalties provided by law for violation of court orders. (d) In addition to actions under state law, the Attorney General may proceed under any antitrust laws in the federal courts on behalf of this state or any of its agencies, or as parens patriae on behalf of natural persons in this state. Acts 2003, No. 1172, § 1.

(a) In addition to the other remedies provided in this subchapter, whenever the Attorney General has reason to believe that any person is engaging, has engaged, or is about to engage in any act or practice declared unlawful by this subchapter, the Attorney General may bring an action in the name of the state against that person: (1) To obtain a declaratory judgment that the act or practice violates the provisions of this subchapter; (2) To enjoin any act or practice that violates the provisions of this subchapter by issuance of a temporary restraining order or preliminary or permanent injunction, without bond, upon the giving of appropriate notice; (3) To recover on behalf of the state and its agencies actual damages or restitution for loss incurred either directly or indirectly; and (4) To recover civil penalties of up to one thousand dollars ($1,000) per violation of this subchapter, or any injunction, judgment or consent order issued or entered into under the provisions of this subchapter and reasonable expenses, investigative costs, and attorney's fees.

(1) To obtain a declaratory judgment that the act or practice violates the provisions of this subchapter;

(2) To enjoin any act or practice that violates the provisions of this subchapter by issuance of a temporary restraining order or preliminary or permanent injunction, without bond, upon the giving of appropriate notice;

(3) To recover on behalf of the state and its agencies actual damages or restitution for loss incurred either directly or indirectly; and

(4) To recover civil penalties of up to one thousand dollars ($1,000) per violation of this subchapter, or any injunction, judgment or consent order issued or entered into under the provisions of this subchapter and reasonable expenses, investigative costs, and attorney's fees.

(b) The Attorney General may also bring a civil action in the name of the state, as parens patriae on behalf of natural persons residing in this state, to secure monetary relief as provided under this section for injury, directly or indirectly sustained by those persons because of any violation of this subchapter, in accordance with the following provisions: (1) (A) The circuit court shall award the Attorney General as monetary relief actual damages sustained or restitution for loss incurred as a result of the violations of this subchapter, and the cost of suit, including a reasonable attorney's fee. (B) The court shall exclude from the amount of monetary relief awarded in the action any amount which duplicates amounts that have been awarded for the same injury already or which are allocable to persons who have excluded their claims under subdivision (b)(3)(A) of this section. (C) The treble damages recoverable under § 4-75-211(b)(3) are not recoverable under a parens patriae action brought under this section; (2) (A) In any action brought under this section, the Attorney General shall, at the time, in the manner, and with the content as the court may direct, cause notice of the parens patriae action to be given by publication. (B) If the court finds that notice given solely by publication would deny due process of law to any person, the court shall direct the Attorney General to give the notice as may be required by due process of law; (3) (A) Any person on whose behalf an action is brought under this section may elect to exclude from the adjudication the portion of the Attorney General's claim for monetary relief attributable to him or her by filing notice of the election with the court, within the time period specified in the notice of the action given to the persons to be benefited by the action. (B) Any person failing to give the notice shall be barred during the pendency of the action from commencing an action in his or her own name for the injury alleged in the action and the final judgment in the action shall be res judicata as to any claim which could be brought by the person under this act based on the facts alleged or proven in the action. (C) (i) The provisions of §§ 4-75-212 - 4-75-216 of this subchapter shall apply only to actions instituted by the Attorney General. (ii) Nothing contained in the provisions set forth in §§ 4-75-212 - 4-75-216 should be deemed to expand the rights or remedies available to persons proceeding under any action instituted by one (1) or more persons or an entity other than the Attorney General, for violations of the provisions of this subchapter; and (4) All damages shall be distributed in a manner that will afford each person a reasonable opportunity to secure his or her appropriate portion of the net monetary relief, including a distribution under the theory of cy pres, subject to approval by the court.

(1) (A) The circuit court shall award the Attorney General as monetary relief actual damages sustained or restitution for loss incurred as a result of the violations of this subchapter, and the cost of suit, including a reasonable attorney's fee. (B) The court shall exclude from the amount of monetary relief awarded in the action any amount which duplicates amounts that have been awarded for the same injury already or which are allocable to persons who have excluded their claims under subdivision (b)(3)(A) of this section. (C) The treble damages recoverable under § 4-75-211(b)(3) are not recoverable under a parens patriae action brought under this section;

(A) The circuit court shall award the Attorney General as monetary relief actual damages sustained or restitution for loss incurred as a result of the violations of this subchapter, and the cost of suit, including a reasonable attorney's fee.

(B) The court shall exclude from the amount of monetary relief awarded in the action any amount which duplicates amounts that have been awarded for the same injury already or which are allocable to persons who have excluded their claims under subdivision (b)(3)(A) of this section.

(C) The treble damages recoverable under § 4-75-211(b)(3) are not recoverable under a parens patriae action brought under this section;

(2) (A) In any action brought under this section, the Attorney General shall, at the time, in the manner, and with the content as the court may direct, cause notice of the parens patriae action to be given by publication. (B) If the court finds that notice given solely by publication would deny due process of law to any person, the court shall direct the Attorney General to give the notice as may be required by due process of law;

(A) In any action brought under this section, the Attorney General shall, at the time, in the manner, and with the content as the court may direct, cause notice of the parens patriae action to be given by publication.

(B) If the court finds that notice given solely by publication would deny due process of law to any person, the court shall direct the Attorney General to give the notice as may be required by due process of law;

(3) (A) Any person on whose behalf an action is brought under this section may elect to exclude from the adjudication the portion of the Attorney General's claim for monetary relief attributable to him or her by filing notice of the election with the court, within the time period specified in the notice of the action given to the persons to be benefited by the action. (B) Any person failing to give the notice shall be barred during the pendency of the action from commencing an action in his or her own name for the injury alleged in the action and the final judgment in the action shall be res judicata as to any claim which could be brought by the person under this act based on the facts alleged or proven in the action. (C) (i) The provisions of §§ 4-75-212 - 4-75-216 of this subchapter shall apply only to actions instituted by the Attorney General. (ii) Nothing contained in the provisions set forth in §§ 4-75-212 - 4-75-216 should be deemed to expand the rights or remedies available to persons proceeding under any action instituted by one (1) or more persons or an entity other than the Attorney General, for violations of the provisions of this subchapter; and

(A) Any person on whose behalf an action is brought under this section may elect to exclude from the adjudication the portion of the Attorney General's claim for monetary relief attributable to him or her by filing notice of the election with the court, within the time period specified in the notice of the action given to the persons to be benefited by the action.

(B) Any person failing to give the notice shall be barred during the pendency of the action from commencing an action in his or her own name for the injury alleged in the action and the final judgment in the action shall be res judicata as to any claim which could be brought by the person under this act based on the facts alleged or proven in the action.

(C) (i) The provisions of §§ 4-75-212 - 4-75-216 of this subchapter shall apply only to actions instituted by the Attorney General. (ii) Nothing contained in the provisions set forth in §§ 4-75-212 - 4-75-216 should be deemed to expand the rights or remedies available to persons proceeding under any action instituted by one (1) or more persons or an entity other than the Attorney General, for violations of the provisions of this subchapter; and

(i) The provisions of §§ 4-75-212 - 4-75-216 of this subchapter shall apply only to actions instituted by the Attorney General.

(ii) Nothing contained in the provisions set forth in §§ 4-75-212 - 4-75-216 should be deemed to expand the rights or remedies available to persons proceeding under any action instituted by one (1) or more persons or an entity other than the Attorney General, for violations of the provisions of this subchapter; and

(4) All damages shall be distributed in a manner that will afford each person a reasonable opportunity to secure his or her appropriate portion of the net monetary relief, including a distribution under the theory of cy pres, subject to approval by the court.

(c) (1) In lieu of instigating or continuing an action or proceeding, or to conclude an investigation commenced or contemplated under this subchapter, the Attorney General may accept a consent decree with respect to any act or practice alleged to be a violation of this subchapter. (2) The consent decree may include a stipulation for the payment of civil penalties, the Attorney General's reasonable expenses, investigative costs and attorney's fees, an agreement to pay damages or to allow for restitution of money, property, or other things received in connection with a violation of this act, and agreed to injunctive provisions. (3) Before any consent decree entered into under this section is effective, it must be approved by the circuit court, the federal district court, or if an action has already been commenced, the court in which the action is pending and an entry made in that court in the manner required for making an entry of judgment. (4) (A) If the consent decree submitted to the court is to settle an action brought under subsection (b) of this section, notice of the proposed settlement shall be given in the manner as the court directs. (B) Once court approval is received, any breach of the conditions of the consent decree shall be treated as a violation of a court order, and shall be subject to all penalties provided by law for violation of court orders.

(1) In lieu of instigating or continuing an action or proceeding, or to conclude an investigation commenced or contemplated under this subchapter, the Attorney General may accept a consent decree with respect to any act or practice alleged to be a violation of this subchapter.

(2) The consent decree may include a stipulation for the payment of civil penalties, the Attorney General's reasonable expenses, investigative costs and attorney's fees, an agreement to pay damages or to allow for restitution of money, property, or other things received in connection with a violation of this act, and agreed to injunctive provisions.

(3) Before any consent decree entered into under this section is effective, it must be approved by the circuit court, the federal district court, or if an action has already been commenced, the court in which the action is pending and an entry made in that court in the manner required for making an entry of judgment.

(4) (A) If the consent decree submitted to the court is to settle an action brought under subsection (b) of this section, notice of the proposed settlement shall be given in the manner as the court directs. (B) Once court approval is received, any breach of the conditions of the consent decree shall be treated as a violation of a court order, and shall be subject to all penalties provided by law for violation of court orders.

(A) If the consent decree submitted to the court is to settle an action brought under subsection (b) of this section, notice of the proposed settlement shall be given in the manner as the court directs.

(B) Once court approval is received, any breach of the conditions of the consent decree shall be treated as a violation of a court order, and shall be subject to all penalties provided by law for violation of court orders.

(d) In addition to actions under state law, the Attorney General may proceed under any antitrust laws in the federal courts on behalf of this state or any of its agencies, or as parens patriae on behalf of natural persons in this state.

Acts 2003, No. 1172, § 1.
Ark. Code Ann. § 4-20-116 — AR Code / Title 4 / Chapter 20 / Section 4-20-116
Consistency of application
Status: in_force

In applying and construing this chapter, consideration must be given to the need to promote consistency of the law with respect to its subject matter among states that enact it. Acts 2007, No. 638, § 1.

In applying and construing this chapter, consideration must be given to the need to promote consistency of the law with respect to its subject matter among states that enact it.

Acts 2007, No. 638, § 1.
Ark. Code Ann. § 4-27-401 — AR Code / Title 4 / Chapter 27 / Subchapter 4 / Section 4-27-401
Corporate name
Status: in_force

(a) A corporate name: (1) must contain the word "corporation," "incorporated," "company," or "limited," or the abbreviation "corp.," "inc.," "co.," or "ltd.," or words or abbreviations of like import in another language; and (2) may not contain language stating or implying that the corporation is organized for a purpose other than that permitted by § 4-27-301 and its articles of incorporation. (b) Except as authorized by subsections (d) and (e) of this section, a corporate name must be distinguishable upon the records of the Secretary of State from: (1) the corporate name of a corporation incorporated or authorized to transact business in this state; (2) a corporate name reserved or registered under § 4-27-402 or § 4-27-403 ; (3) the fictitious name adopted by a foreign corporation authorized to transact business in this state because its real name is unavailable; and (4) the corporate name of a not-for-profit corporation incorporated or authorized to transact business in this state. (c) In determining whether or not a corporate name is distinguishable under subsection (b) of this section, a corporate name that is different from the name of another entity or filing is distinguishable unless the only difference is one (1) or more of the following: (1) A suffix; (2) A definite or indefinite article; (3) The word "and" and the symbol "&"; (4) The singular, plural, or possessive form of a word; or (5) A punctuation mark or a symbol. (d) A corporation may apply to the Secretary of State for authorization to use a name that is not distinguishable upon his records from one (1) or more of the names described in subsection (b) of this section. The Secretary of State shall authorize use of the name applied for if: (1) the other corporation consents to the use in writing and submits an undertaking in form satisfactory to the Secretary of State to change its name to a name that is distinguishable upon the records of the Secretary of State from the name of the applying corporation; or (2) the applicant delivers to the Secretary of State a certified copy of the final judgment of a court of competent jurisdiction establishing the applicant's right to use the name applied for in this state. (e) A corporation may use the name of another domestic or foreign corporation that is used in this state if the corporation is incorporated or authorized to transact business in this state and the proposed user corporation: (1) has merged with the other corporation; (2) has been formed by reorganization of the other corporation; or (3) has acquired all or substantially all of the assets, including the corporate name, of the other corporation. Amended by Act 2023, No. 256,§ 5, eff. 8/1/2023. Acts 1987, No. 958, § 64-401.

(a) A corporate name: (1) must contain the word "corporation," "incorporated," "company," or "limited," or the abbreviation "corp.," "inc.," "co.," or "ltd.," or words or abbreviations of like import in another language; and (2) may not contain language stating or implying that the corporation is organized for a purpose other than that permitted by § 4-27-301 and its articles of incorporation.

(1) must contain the word "corporation," "incorporated," "company," or "limited," or the abbreviation "corp.," "inc.," "co.," or "ltd.," or words or abbreviations of like import in another language; and

(2) may not contain language stating or implying that the corporation is organized for a purpose other than that permitted by § 4-27-301 and its articles of incorporation.

(b) Except as authorized by subsections (d) and (e) of this section, a corporate name must be distinguishable upon the records of the Secretary of State from: (1) the corporate name of a corporation incorporated or authorized to transact business in this state; (2) a corporate name reserved or registered under § 4-27-402 or § 4-27-403 ; (3) the fictitious name adopted by a foreign corporation authorized to transact business in this state because its real name is unavailable; and (4) the corporate name of a not-for-profit corporation incorporated or authorized to transact business in this state.

(1) the corporate name of a corporation incorporated or authorized to transact business in this state;

(2) a corporate name reserved or registered under § 4-27-402 or § 4-27-403 ;

(3) the fictitious name adopted by a foreign corporation authorized to transact business in this state because its real name is unavailable; and

(4) the corporate name of a not-for-profit corporation incorporated or authorized to transact business in this state.

(c) In determining whether or not a corporate name is distinguishable under subsection (b) of this section, a corporate name that is different from the name of another entity or filing is distinguishable unless the only difference is one (1) or more of the following: (1) A suffix; (2) A definite or indefinite article; (3) The word "and" and the symbol "&"; (4) The singular, plural, or possessive form of a word; or (5) A punctuation mark or a symbol.

(1) A suffix;

(2) A definite or indefinite article;

(3) The word "and" and the symbol "&";

(4) The singular, plural, or possessive form of a word; or

(5) A punctuation mark or a symbol.

(d) A corporation may apply to the Secretary of State for authorization to use a name that is not distinguishable upon his records from one (1) or more of the names described in subsection (b) of this section. The Secretary of State shall authorize use of the name applied for if: (1) the other corporation consents to the use in writing and submits an undertaking in form satisfactory to the Secretary of State to change its name to a name that is distinguishable upon the records of the Secretary of State from the name of the applying corporation; or (2) the applicant delivers to the Secretary of State a certified copy of the final judgment of a court of competent jurisdiction establishing the applicant's right to use the name applied for in this state.

(1) the other corporation consents to the use in writing and submits an undertaking in form satisfactory to the Secretary of State to change its name to a name that is distinguishable upon the records of the Secretary of State from the name of the applying corporation; or

(2) the applicant delivers to the Secretary of State a certified copy of the final judgment of a court of competent jurisdiction establishing the applicant's right to use the name applied for in this state.

(e) A corporation may use the name of another domestic or foreign corporation that is used in this state if the corporation is incorporated or authorized to transact business in this state and the proposed user corporation: (1) has merged with the other corporation; (2) has been formed by reorganization of the other corporation; or (3) has acquired all or substantially all of the assets, including the corporate name, of the other corporation.

(1) has merged with the other corporation;

(2) has been formed by reorganization of the other corporation; or

(3) has acquired all or substantially all of the assets, including the corporate name, of the other corporation.

Amended by Act 2023, No. 256,§ 5, eff. 8/1/2023.

Acts 1987, No. 958, § 64-401.
Ark. Code Ann. § 4-46-405 — AR Code / Title 4 / Chapter 46 / Subchapter 4 / Section 4-46-405
Actions by partnership and partners
Status: in_force

(a) A partnership may maintain an action against a partner for a breach of the partnership agreement, or for the violation of a duty to the partnership, causing harm to the partnership. (b) A partner may maintain an action against the partnership or another partner for legal or equitable relief, with or without an accounting as to partnership business, to: (1) enforce the partner's rights under the partnership agreement; (2) enforce the partner's rights under this chapter, including: (i) the partner's rights under § 4-46-401 , § 4-46-403 , or § 4-46-404 ; (ii) the partner's right on dissociation to have the partner's interest in the partnership purchased pursuant to § 4-46-701 or enforce any other right under § 4-46-601 et seq. or § 4-46-701 et seq.; or (iii) the partner's right to compel a dissolution and winding up of the partnership business under § 4-46-801 or enforce any other right under § 4-46-801 et seq.; or (3) enforce the rights and otherwise protect the interests of the partner, including rights and interests arising independently of the partnership relationship. (c) The accrual of, and any time limitation on, a right of action for a remedy under this section is governed by other law. A right to an accounting upon a dissolution and winding up does not revive a claim barred by law. Acts 1999, No. 1518, § 405.

(a) A partnership may maintain an action against a partner for a breach of the partnership agreement, or for the violation of a duty to the partnership, causing harm to the partnership.

(b) A partner may maintain an action against the partnership or another partner for legal or equitable relief, with or without an accounting as to partnership business, to: (1) enforce the partner's rights under the partnership agreement; (2) enforce the partner's rights under this chapter, including: (i) the partner's rights under § 4-46-401 , § 4-46-403 , or § 4-46-404 ; (ii) the partner's right on dissociation to have the partner's interest in the partnership purchased pursuant to § 4-46-701 or enforce any other right under § 4-46-601 et seq. or § 4-46-701 et seq.; or (iii) the partner's right to compel a dissolution and winding up of the partnership business under § 4-46-801 or enforce any other right under § 4-46-801 et seq.; or (3) enforce the rights and otherwise protect the interests of the partner, including rights and interests arising independently of the partnership relationship.

(1) enforce the partner's rights under the partnership agreement;

(2) enforce the partner's rights under this chapter, including: (i) the partner's rights under § 4-46-401 , § 4-46-403 , or § 4-46-404 ; (ii) the partner's right on dissociation to have the partner's interest in the partnership purchased pursuant to § 4-46-701 or enforce any other right under § 4-46-601 et seq. or § 4-46-701 et seq.; or (iii) the partner's right to compel a dissolution and winding up of the partnership business under § 4-46-801 or enforce any other right under § 4-46-801 et seq.; or

(i) the partner's rights under § 4-46-401 , § 4-46-403 , or § 4-46-404 ;

(ii) the partner's right on dissociation to have the partner's interest in the partnership purchased pursuant to § 4-46-701 or enforce any other right under § 4-46-601 et seq. or § 4-46-701 et seq.; or

(iii) the partner's right to compel a dissolution and winding up of the partnership business under § 4-46-801 or enforce any other right under § 4-46-801 et seq.; or

(3) enforce the rights and otherwise protect the interests of the partner, including rights and interests arising independently of the partnership relationship.

(c) The accrual of, and any time limitation on, a right of action for a remedy under this section is governed by other law. A right to an accounting upon a dissolution and winding up does not revive a claim barred by law.

Acts 1999, No. 1518, § 405.
Ark. Code Ann. § 4-72-201 — AR Code / Title 4 / Chapter 72 / Subchapter 2 / Section 4-72-201
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Franchise Practices Act". Acts 1977, No. 355, § 1; A.S.A. 1947, § 70-807.

This subchapter shall be known and may be cited as the "Arkansas Franchise Practices Act".

Acts 1977, No. 355, § 1; A.S.A. 1947, § 70-807.
Ark. Code Ann. § 4-114-102 — AR Code / Title 4 / Chapter 114 / Section 4-114-102
Scope and purpose
Status: in_force

(a) The purpose of this chapter is to: (1) Create a legal framework within which service contracts are defined, may be sold, and are regulated in this state; (2) Add significant consumer protections; and (3) Eliminate unnecessary administration. (b) A service contract under § 4-114-103 is not insurance and is not subject to the Arkansas Insurance Code. (c) This chapter does not apply to: (1) Warranties; (2) Maintenance agreements; (3) Commercial transactions; (4) A person or entity or the affiliate of a person or entity licensed or certificated by the Arkansas Public Service Commission or the Federal Communications Commission with respect to warranties, service contracts, or maintenance agreements covering wiring, transmission devices, equipment, or services offered or provided by the person, entity, or affiliate to its customers; (5) Service contracts sold or offered for sale to persons other than consumers; (6) Motor vehicle service contracts as defined in and regulated pursuant to the Motor Vehicle Service Contract Act, § 4-90-501 et seq.; or (7) Mechanical breakdown insurance. (d) Manufacturer's service contracts on the manufacturer's products are subject only to §§ 4-114-106(a) , 4-114-106(d) -(g), 4-114-107 , and 4-114-111 . (e) Other than mechanical breakdown insurance, the types of agreements referred to in subsections (c) and (d) of this section and service contracts governed under this chapter are not insurance and are not subject to compliance with any provision of the insurance laws of this state. Acts 2007, No. 656, § 1.

(a) The purpose of this chapter is to: (1) Create a legal framework within which service contracts are defined, may be sold, and are regulated in this state; (2) Add significant consumer protections; and (3) Eliminate unnecessary administration.

(1) Create a legal framework within which service contracts are defined, may be sold, and are regulated in this state;

(2) Add significant consumer protections; and

(3) Eliminate unnecessary administration.

(b) A service contract under § 4-114-103 is not insurance and is not subject to the Arkansas Insurance Code.

(c) This chapter does not apply to: (1) Warranties; (2) Maintenance agreements; (3) Commercial transactions; (4) A person or entity or the affiliate of a person or entity licensed or certificated by the Arkansas Public Service Commission or the Federal Communications Commission with respect to warranties, service contracts, or maintenance agreements covering wiring, transmission devices, equipment, or services offered or provided by the person, entity, or affiliate to its customers; (5) Service contracts sold or offered for sale to persons other than consumers; (6) Motor vehicle service contracts as defined in and regulated pursuant to the Motor Vehicle Service Contract Act, § 4-90-501 et seq.; or (7) Mechanical breakdown insurance.

(1) Warranties;

(2) Maintenance agreements;

(3) Commercial transactions;

(4) A person or entity or the affiliate of a person or entity licensed or certificated by the Arkansas Public Service Commission or the Federal Communications Commission with respect to warranties, service contracts, or maintenance agreements covering wiring, transmission devices, equipment, or services offered or provided by the person, entity, or affiliate to its customers;

(5) Service contracts sold or offered for sale to persons other than consumers;

(6) Motor vehicle service contracts as defined in and regulated pursuant to the Motor Vehicle Service Contract Act, § 4-90-501 et seq.; or

(7) Mechanical breakdown insurance.

(d) Manufacturer's service contracts on the manufacturer's products are subject only to §§ 4-114-106(a) , 4-114-106(d) -(g), 4-114-107 , and 4-114-111 .

(e) Other than mechanical breakdown insurance, the types of agreements referred to in subsections (c) and (d) of this section and service contracts governed under this chapter are not insurance and are not subject to compliance with any provision of the insurance laws of this state.

Acts 2007, No. 656, § 1.
Ark. Code Ann. § 4-28-611 — AR Code / Title 4 / Chapter 28 / Subchapter 6 / Section 4-28-611
Appointment of agent to receive service of process
Status: in_force

(a) An unincorporated nonprofit association may file in the office of the Secretary of State a statement appointing an agent authorized to receive service of process. (b) A statement appointing an agent must set forth: (1) the name of the unincorporated nonprofit association; and (2) the name of the person in this state authorized to receive service of process and the person's address, including the street address, in this state. (c) A statement appointing an agent must be signed and acknowledged by a person authorized to manage the affairs of the unincorporated nonprofit association and by the person appointed as the agent. By signing and acknowledging the statement the person becomes the agent. (d) An amendment to or cancellation of a statement appointing an agent to receive service of process must meet the requirements for executing of an original statement. An agent may resign by filing a resignation in the office of the Secretary of State and giving notice to the association. (e) The Secretary of State may collect a fee for filing a statement appointing an agent to receive service of process, an amendment, a cancellation, or a resignation in the amount charged for filing similar documents. Acts 2011, No. 202, § 2.

(a) An unincorporated nonprofit association may file in the office of the Secretary of State a statement appointing an agent authorized to receive service of process.

(b) A statement appointing an agent must set forth: (1) the name of the unincorporated nonprofit association; and (2) the name of the person in this state authorized to receive service of process and the person's address, including the street address, in this state.

(1) the name of the unincorporated nonprofit association; and

(2) the name of the person in this state authorized to receive service of process and the person's address, including the street address, in this state.

(c) A statement appointing an agent must be signed and acknowledged by a person authorized to manage the affairs of the unincorporated nonprofit association and by the person appointed as the agent. By signing and acknowledging the statement the person becomes the agent.

(d) An amendment to or cancellation of a statement appointing an agent to receive service of process must meet the requirements for executing of an original statement. An agent may resign by filing a resignation in the office of the Secretary of State and giving notice to the association.

(e) The Secretary of State may collect a fee for filing a statement appointing an agent to receive service of process, an amendment, a cancellation, or a resignation in the amount charged for filing similar documents.

Acts 2011, No. 202, § 2.
Ark. Code Ann. § 4-47-701 — AR Code / Title 4 / Chapter 47 / Subchapter 7 / Section 4-47-701
Partner's transferable interest
Status: in_force

The only interest of a partner which is transferable is the partner's transferable interest. A transferable interest is personal property. Acts 2007, No. 15, § 1.

The only interest of a partner which is transferable is the partner's transferable interest. A transferable interest is personal property.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-37-703 — AR Code / Title 4 / Chapter 37 / Subchapter 7 / Section 4-37-703
Registration of foreign protected series
Status: in_force

(a) Except as otherwise provided in this section and subject to § 4-37-402 and § 4-37-404 , the law of this state governing the registration of a foreign limited liability company to do business in this state, including the consequences of not complying with that law, applies to a foreign protected series of a foreign series limited liability company as if the foreign protected series were a foreign limited liability company formed separately from the foreign series limited liability company and distinct from the foreign series limited liability company and any other foreign protected series of the foreign series limited liability company. (b) An application by a foreign protected series of a foreign series limited liability company for registration to do business in this state must include: (1) the name and jurisdiction of formation of the foreign series limited liability company; and (2) if the company has other foreign protected series, the name and street and mailing address of an individual who knows the name and street and mailing address of: (A) each other foreign protected series of the foreign series limited liability company; and (B) the foreign protected-series manager of and agent for service of process for each other foreign protected series of the foreign series limited liability company. (c) The name of a foreign protected series applying for registration or registered to do business in this state must comply with § 4-37-202 , § 4-38-902 , and § 4-38-903 and may do so using § 4-38-112 , if the fictitious name complies with § 4-37-202 . (d) The requirement in § 4-38-904 to amend a statement of registration to update information applies to the information required by subsection (b). Amended by Act 2021, No. 1041,§ 25, eff. 7/28/2021. Amended by Act 2021, No. 1041,§ 24, eff. 7/28/2021. Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.

(a) Except as otherwise provided in this section and subject to § 4-37-402 and § 4-37-404 , the law of this state governing the registration of a foreign limited liability company to do business in this state, including the consequences of not complying with that law, applies to a foreign protected series of a foreign series limited liability company as if the foreign protected series were a foreign limited liability company formed separately from the foreign series limited liability company and distinct from the foreign series limited liability company and any other foreign protected series of the foreign series limited liability company.

(b) An application by a foreign protected series of a foreign series limited liability company for registration to do business in this state must include: (1) the name and jurisdiction of formation of the foreign series limited liability company; and (2) if the company has other foreign protected series, the name and street and mailing address of an individual who knows the name and street and mailing address of: (A) each other foreign protected series of the foreign series limited liability company; and (B) the foreign protected-series manager of and agent for service of process for each other foreign protected series of the foreign series limited liability company.

(1) the name and jurisdiction of formation of the foreign series limited liability company; and

(2) if the company has other foreign protected series, the name and street and mailing address of an individual who knows the name and street and mailing address of: (A) each other foreign protected series of the foreign series limited liability company; and (B) the foreign protected-series manager of and agent for service of process for each other foreign protected series of the foreign series limited liability company.

(A) each other foreign protected series of the foreign series limited liability company; and

(B) the foreign protected-series manager of and agent for service of process for each other foreign protected series of the foreign series limited liability company.

(c) The name of a foreign protected series applying for registration or registered to do business in this state must comply with § 4-37-202 , § 4-38-902 , and § 4-38-903 and may do so using § 4-38-112 , if the fictitious name complies with § 4-37-202 .

(d) The requirement in § 4-38-904 to amend a statement of registration to update information applies to the information required by subsection (b).

Amended by Act 2021, No. 1041,§ 25, eff. 7/28/2021.

Amended by Act 2021, No. 1041,§ 24, eff. 7/28/2021.

Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 4-97-104 — AR Code / Title 4 / Chapter 97 / Section 4-97-104
Registration required
Status: in_force

(a) (1) Any person who owns, operates, or establishes a retail pet store within the State of Arkansas shall register, by reporting in writing to the Secretary of the Department of Health: (A) The name of the retail pet store; (B) The location of each housing facility for animals owned by it, or in its care, custody, or control; (C) The name and address of its principal agent; and (D) The date its operation began. (2) The report shall reflect the name and position of the individual under whose direction it is prepared and shall be made under oath before a notary public. (b) Each registration shall be valid for a period of one (1) year. On or before the anniversary date of the original registration, reregistration shall be required, except that if at any time prior to the required reregistration date the information originally reported to the secretary changes or requires additions, that fact shall be reported to the secretary without delay. (c) (1) A retail pet store in operation on or before April 10, 1991, shall register within ninety (90) days after April 10, 1991. (2) A retail pet store which begins operation within ninety (90) days after April 10, 1991, shall register within thirty (30) days after the beginning of operation. (3) A retail pet store which begins operation subsequent to ninety (90) days after April 10, 1991, shall register at least thirty (30) days prior to the beginning of operation. (4) The date of the first acquisition of an animal for retail sale shall be deemed the date on which the operation begins. (d) A fee of one hundred dollars ($100) shall accompany the initial registration, and a fee of fifty dollars ($50.00) shall accompany each subsequent reregistration. No fee shall be required for interim reports of change or addition. (e) Each instance of failure to register or report as required by this chapter is a Class A misdemeanor. (f) (1) The secretary shall maintain a list of registered retail pet stores containing all information reported with the initial registration, including the date thereof, and the dates and information provided with all subsequent amendments and reregistrations. (2) The secretary shall make the list of registered retail pet stores available to the public, upon request, at no charge. Acts 1991, No. 1225, § 4.

(a) (1) Any person who owns, operates, or establishes a retail pet store within the State of Arkansas shall register, by reporting in writing to the Secretary of the Department of Health: (A) The name of the retail pet store; (B) The location of each housing facility for animals owned by it, or in its care, custody, or control; (C) The name and address of its principal agent; and (D) The date its operation began. (2) The report shall reflect the name and position of the individual under whose direction it is prepared and shall be made under oath before a notary public.

(1) Any person who owns, operates, or establishes a retail pet store within the State of Arkansas shall register, by reporting in writing to the Secretary of the Department of Health: (A) The name of the retail pet store; (B) The location of each housing facility for animals owned by it, or in its care, custody, or control; (C) The name and address of its principal agent; and (D) The date its operation began.

(A) The name of the retail pet store;

(B) The location of each housing facility for animals owned by it, or in its care, custody, or control;

(C) The name and address of its principal agent; and

(D) The date its operation began.

(2) The report shall reflect the name and position of the individual under whose direction it is prepared and shall be made under oath before a notary public.

(b) Each registration shall be valid for a period of one (1) year. On or before the anniversary date of the original registration, reregistration shall be required, except that if at any time prior to the required reregistration date the information originally reported to the secretary changes or requires additions, that fact shall be reported to the secretary without delay.

(c) (1) A retail pet store in operation on or before April 10, 1991, shall register within ninety (90) days after April 10, 1991. (2) A retail pet store which begins operation within ninety (90) days after April 10, 1991, shall register within thirty (30) days after the beginning of operation. (3) A retail pet store which begins operation subsequent to ninety (90) days after April 10, 1991, shall register at least thirty (30) days prior to the beginning of operation. (4) The date of the first acquisition of an animal for retail sale shall be deemed the date on which the operation begins.

(1) A retail pet store in operation on or before April 10, 1991, shall register within ninety (90) days after April 10, 1991.

(2) A retail pet store which begins operation within ninety (90) days after April 10, 1991, shall register within thirty (30) days after the beginning of operation.

(3) A retail pet store which begins operation subsequent to ninety (90) days after April 10, 1991, shall register at least thirty (30) days prior to the beginning of operation.

(4) The date of the first acquisition of an animal for retail sale shall be deemed the date on which the operation begins.

(d) A fee of one hundred dollars ($100) shall accompany the initial registration, and a fee of fifty dollars ($50.00) shall accompany each subsequent reregistration. No fee shall be required for interim reports of change or addition.

(e) Each instance of failure to register or report as required by this chapter is a Class A misdemeanor.

(f) (1) The secretary shall maintain a list of registered retail pet stores containing all information reported with the initial registration, including the date thereof, and the dates and information provided with all subsequent amendments and reregistrations. (2) The secretary shall make the list of registered retail pet stores available to the public, upon request, at no charge.

(1) The secretary shall maintain a list of registered retail pet stores containing all information reported with the initial registration, including the date thereof, and the dates and information provided with all subsequent amendments and reregistrations.

(2) The secretary shall make the list of registered retail pet stores available to the public, upon request, at no charge.

Acts 1991, No. 1225, § 4.
Ark. Code Ann. § 4-117-101 — AR Code / Title 4 / Chapter 117 / Section 4-117-101
Definitions
Status: in_force

As used in this chapter: (1) "Authorized distributors of record" means those distributors with whom a drug manufacturer has established an ongoing relationship to distribute the drug manufacturer's products; (2) "Board" means the Arkansas State Board of Pharmacy; (3) (A) "Distribute" means the distribution of drug samples. (B) "Distribute" does not include the providing of a drug sample to a patient by a: (i) Physician or practitioner licensed to prescribe the drug; (ii) Healthcare professional acting at the direction and under the supervision of a physician or practitioner; or (iii) Pharmacy that has been granted approval from the Arkansas State Board of Pharmacy to handle samples at the direction of a physician or practitioner and that received the sample under this chapter; (4) "Drug" means all medicines and preparations recognized in the United States Pharmacopoeia or the National Formulary as substances intended to be used for the care, mitigation, or prevention of disease of either humans or other animals; (5) "Drug sample" means a unit of a prescription drug that is not intended to be sold and is intended to promote the sale of the drug; (6) "Licensed pharmacist" means a person holding a license under § 17-92-101 et seq.; (7) "Pharmacy" means the place licensed by the board in which drugs, chemicals, medicines, prescriptions, and poisons are compounded, dispensed, or sold at retail; and (8) "Physician" means a practitioner of medicine licensed under the laws of this state or some other state. Acts 2011, No. 719, § 3.

As used in this chapter:

(1) "Authorized distributors of record" means those distributors with whom a drug manufacturer has established an ongoing relationship to distribute the drug manufacturer's products;

(2) "Board" means the Arkansas State Board of Pharmacy;

(3) (A) "Distribute" means the distribution of drug samples. (B) "Distribute" does not include the providing of a drug sample to a patient by a: (i) Physician or practitioner licensed to prescribe the drug; (ii) Healthcare professional acting at the direction and under the supervision of a physician or practitioner; or (iii) Pharmacy that has been granted approval from the Arkansas State Board of Pharmacy to handle samples at the direction of a physician or practitioner and that received the sample under this chapter;

(A) "Distribute" means the distribution of drug samples.

(B) "Distribute" does not include the providing of a drug sample to a patient by a: (i) Physician or practitioner licensed to prescribe the drug; (ii) Healthcare professional acting at the direction and under the supervision of a physician or practitioner; or (iii) Pharmacy that has been granted approval from the Arkansas State Board of Pharmacy to handle samples at the direction of a physician or practitioner and that received the sample under this chapter;

(i) Physician or practitioner licensed to prescribe the drug;

(ii) Healthcare professional acting at the direction and under the supervision of a physician or practitioner; or

(iii) Pharmacy that has been granted approval from the Arkansas State Board of Pharmacy to handle samples at the direction of a physician or practitioner and that received the sample under this chapter;

(4) "Drug" means all medicines and preparations recognized in the United States Pharmacopoeia or the National Formulary as substances intended to be used for the care, mitigation, or prevention of disease of either humans or other animals;

(5) "Drug sample" means a unit of a prescription drug that is not intended to be sold and is intended to promote the sale of the drug;

(6) "Licensed pharmacist" means a person holding a license under § 17-92-101 et seq.;

(7) "Pharmacy" means the place licensed by the board in which drugs, chemicals, medicines, prescriptions, and poisons are compounded, dispensed, or sold at retail; and

(8) "Physician" means a practitioner of medicine licensed under the laws of this state or some other state.

Acts 2011, No. 719, § 3.
Ark. Code Ann. § 4-75-604 — AR Code / Title 4 / Chapter 75 / Subchapter 6 / Section 4-75-604
Injunctive relief
Status: in_force

(a) Actual or threatened misappropriation may be enjoined. (b) Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist; however, the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation. (c) If the court determines that it would be unreasonable to prohibit future use, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time the use could have been prohibited. (d) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order. Acts 1981, No. 439, § 2; A.S.A. 1947, § 70-1002.

(a) Actual or threatened misappropriation may be enjoined.

(b) Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist; however, the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.

(c) If the court determines that it would be unreasonable to prohibit future use, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time the use could have been prohibited.

(d) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.

Acts 1981, No. 439, § 2; A.S.A. 1947, § 70-1002.
Ark. Code Ann. § 4-38-402 — AR Code / Title 4 / Chapter 38 / Subchapter 4 / Section 4-38-402
Form of contribution
Status: in_force

A contribution may consist of property transferred to, services performed for, or another benefit provided to the limited liability company or an agreement to transfer property to, perform services for, or provide another benefit to the company. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

A contribution may consist of property transferred to, services performed for, or another benefit provided to the limited liability company or an agreement to transfer property to, perform services for, or provide another benefit to the company.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-18-339 — AR Code / Title 4 / Chapter 18 / Subchapter 3 / Section 4-18-339
Disposition of correct and incorrect apparatus
Status: in_force

(a) (1) The Director of the Arkansas Bureau of Standards shall: (A) Approve for use and seal or mark with appropriate devices, weights and measures as he or she finds upon inspection and testing to be correct as defined in § 4-18-338 ; and (B) Reject and mark or tag as "rejected" weights and measures as he or she finds upon inspection or test to be incorrect as defined in § 4-18-338 , but which in his or her best judgment are susceptible to satisfactory repair. (2) However, the sealing or marking shall not be required with respect to weights and measures that are excepted under a rule of the director issued under § 4-18-338 . (b) The director shall condemn, seize, and destroy weights and measures found to be incorrect and that in his or her best judgment are not susceptible to satisfactory repair. (c) Weights and measures that have been rejected may be confiscated and destroyed by the director if not corrected as required by subsections (d) and (e) of this section or if used or disposed of contrary to the requirements of subsection (f) of this section. (d) Weights and measures that have been rejected under the authority of the director or a sealer shall remain subject to the control of the rejecting authority until suitable repair or disposition has been made as required by this section. (e) The owners of rejected or noncompliant weights and measures shall cause the weights and measures to be made accurate and correct or may dispose of them in the manner specifically authorized by the director. (f) Weights and measures that have been rejected shall not again be used commercially until they have been officially reexamined and found to be accurate and correct or until specific written permission for use is issued by the director. Acts 2005, No. 914, § 5.

(a) (1) The Director of the Arkansas Bureau of Standards shall: (A) Approve for use and seal or mark with appropriate devices, weights and measures as he or she finds upon inspection and testing to be correct as defined in § 4-18-338 ; and (B) Reject and mark or tag as "rejected" weights and measures as he or she finds upon inspection or test to be incorrect as defined in § 4-18-338 , but which in his or her best judgment are susceptible to satisfactory repair. (2) However, the sealing or marking shall not be required with respect to weights and measures that are excepted under a rule of the director issued under § 4-18-338 .

(1) The Director of the Arkansas Bureau of Standards shall: (A) Approve for use and seal or mark with appropriate devices, weights and measures as he or she finds upon inspection and testing to be correct as defined in § 4-18-338 ; and (B) Reject and mark or tag as "rejected" weights and measures as he or she finds upon inspection or test to be incorrect as defined in § 4-18-338 , but which in his or her best judgment are susceptible to satisfactory repair.

(A) Approve for use and seal or mark with appropriate devices, weights and measures as he or she finds upon inspection and testing to be correct as defined in § 4-18-338 ; and

(B) Reject and mark or tag as "rejected" weights and measures as he or she finds upon inspection or test to be incorrect as defined in § 4-18-338 , but which in his or her best judgment are susceptible to satisfactory repair.

(2) However, the sealing or marking shall not be required with respect to weights and measures that are excepted under a rule of the director issued under § 4-18-338 .

(b) The director shall condemn, seize, and destroy weights and measures found to be incorrect and that in his or her best judgment are not susceptible to satisfactory repair.

(c) Weights and measures that have been rejected may be confiscated and destroyed by the director if not corrected as required by subsections (d) and (e) of this section or if used or disposed of contrary to the requirements of subsection (f) of this section.

(d) Weights and measures that have been rejected under the authority of the director or a sealer shall remain subject to the control of the rejecting authority until suitable repair or disposition has been made as required by this section.

(e) The owners of rejected or noncompliant weights and measures shall cause the weights and measures to be made accurate and correct or may dispose of them in the manner specifically authorized by the director.

(f) Weights and measures that have been rejected shall not again be used commercially until they have been officially reexamined and found to be accurate and correct or until specific written permission for use is issued by the director.

Acts 2005, No. 914, § 5.
Ark. Code Ann. § 4-5-108 — AR Code / Title 4 / Chapter 5 / Section 4-5-108
Issuer's rights and obligations
Status: in_force

(a) Except as otherwise provided in § 4-5-109 , an issuer shall honor a presentation that, as determined by the standard practice referred to in subsection (e) of this section, appears on its face strictly to comply with the terms and conditions of the letter of credit. Except as otherwise provided in § 4-5-113 and unless otherwise agreed with the applicant, an issuer shall dishonor a presentation that does not appear so to comply. (b) An issuer has a reasonable time after presentation, but not beyond the end of the seventh business day of the issuer after the day of its receipt of documents: (1) to honor, (2) if the letter of credit provides for honor to be completed more than seven (7) business days after presentation, to accept a draft or incur a deferred obligation, or (3) to give notice to the presenter of discrepancies in the presentation. (c) Except as otherwise provided in subsection (d) of this section, an issuer is precluded from asserting as a basis for dishonor any discrepancy if timely notice is not given, or any discrepancy not stated in the notice if timely notice is given. (d) Failure to give the notice specified in subsection (b) of this section or to mention fraud, forgery, or expiration in the notice does not preclude the issuer from asserting as a basis for dishonor fraud or forgery as described in § 4-5-109(a) or expiration of the letter of credit before presentation. (e) An issuer shall observe standard practice of financial institutions that regularly issue letters of credit. Determination of the issuer's observance of the standard practice is a matter of interpretation for the court. The court shall offer the parties a reasonable opportunity to present evidence of the standard practice. (f) An issuer is not responsible for: (1) the performance or nonperformance of the underlying contract, arrangement, or transaction; (2) an act or omission of others; or (3) observance or knowledge of the usage of a particular trade other than the standard practice referred to in subsection (e) of this section. (g) If an undertaking constituting a letter of credit under § 4-5-102(a)(10) contains nondocumentary conditions, an issuer shall disregard the nondocumentary conditions and treat them as if they were not stated. (h) An issuer that has dishonored a presentation shall return the documents or hold them at the disposal of, and send advice to that effect to, the presenter. (i) An issuer that has honored a presentation as permitted or required by this chapter: (1) is entitled to be reimbursed by the applicant in immediately available funds not later than the date of its payment of funds; (2) takes the documents free of claims of the beneficiary or presenter; (3) is precluded from asserting a right of recourse on a draft under §§ 4-3-414 and 4-3-415 ; (4) except as otherwise provided in §§ 4-5-110 and 4-5-117 , is precluded from restitution of money paid or other value given by mistake to the extent the mistake concerns discrepancies in the documents or tender which are apparent on the face of the presentation; and (5) is discharged to the extent of its performance under the letter of credit unless the issuer honored a presentation in which a required signature of a beneficiary was forged. Acts 1997, No. 1070, § 1.

(a) Except as otherwise provided in § 4-5-109 , an issuer shall honor a presentation that, as determined by the standard practice referred to in subsection (e) of this section, appears on its face strictly to comply with the terms and conditions of the letter of credit. Except as otherwise provided in § 4-5-113 and unless otherwise agreed with the applicant, an issuer shall dishonor a presentation that does not appear so to comply.

(b) An issuer has a reasonable time after presentation, but not beyond the end of the seventh business day of the issuer after the day of its receipt of documents: (1) to honor, (2) if the letter of credit provides for honor to be completed more than seven (7) business days after presentation, to accept a draft or incur a deferred obligation, or (3) to give notice to the presenter of discrepancies in the presentation.

(1) to honor,

(2) if the letter of credit provides for honor to be completed more than seven (7) business days after presentation, to accept a draft or incur a deferred obligation, or

(3) to give notice to the presenter of discrepancies in the presentation.

(c) Except as otherwise provided in subsection (d) of this section, an issuer is precluded from asserting as a basis for dishonor any discrepancy if timely notice is not given, or any discrepancy not stated in the notice if timely notice is given.

(d) Failure to give the notice specified in subsection (b) of this section or to mention fraud, forgery, or expiration in the notice does not preclude the issuer from asserting as a basis for dishonor fraud or forgery as described in § 4-5-109(a) or expiration of the letter of credit before presentation.

(e) An issuer shall observe standard practice of financial institutions that regularly issue letters of credit. Determination of the issuer's observance of the standard practice is a matter of interpretation for the court. The court shall offer the parties a reasonable opportunity to present evidence of the standard practice.

(f) An issuer is not responsible for: (1) the performance or nonperformance of the underlying contract, arrangement, or transaction; (2) an act or omission of others; or (3) observance or knowledge of the usage of a particular trade other than the standard practice referred to in subsection (e) of this section.

(1) the performance or nonperformance of the underlying contract, arrangement, or transaction;

(2) an act or omission of others; or

(3) observance or knowledge of the usage of a particular trade other than the standard practice referred to in subsection (e) of this section.

(g) If an undertaking constituting a letter of credit under § 4-5-102(a)(10) contains nondocumentary conditions, an issuer shall disregard the nondocumentary conditions and treat them as if they were not stated.

(h) An issuer that has dishonored a presentation shall return the documents or hold them at the disposal of, and send advice to that effect to, the presenter.

(i) An issuer that has honored a presentation as permitted or required by this chapter: (1) is entitled to be reimbursed by the applicant in immediately available funds not later than the date of its payment of funds; (2) takes the documents free of claims of the beneficiary or presenter; (3) is precluded from asserting a right of recourse on a draft under §§ 4-3-414 and 4-3-415 ; (4) except as otherwise provided in §§ 4-5-110 and 4-5-117 , is precluded from restitution of money paid or other value given by mistake to the extent the mistake concerns discrepancies in the documents or tender which are apparent on the face of the presentation; and (5) is discharged to the extent of its performance under the letter of credit unless the issuer honored a presentation in which a required signature of a beneficiary was forged.

(1) is entitled to be reimbursed by the applicant in immediately available funds not later than the date of its payment of funds;

(2) takes the documents free of claims of the beneficiary or presenter;

(3) is precluded from asserting a right of recourse on a draft under §§ 4-3-414 and 4-3-415 ;

(4) except as otherwise provided in §§ 4-5-110 and 4-5-117 , is precluded from restitution of money paid or other value given by mistake to the extent the mistake concerns discrepancies in the documents or tender which are apparent on the face of the presentation; and

(5) is discharged to the extent of its performance under the letter of credit unless the issuer honored a presentation in which a required signature of a beneficiary was forged.

Acts 1997, No. 1070, § 1.
Ark. Code Ann. § 4-72-209 — AR Code / Title 4 / Chapter 72 / Subchapter 2 / Section 4-72-209
Franchisee's right of repurchase
Status: in_force

Upon termination of any franchise by a franchisor without good cause, the franchisor shall, at the franchisee's option, repurchase at franchisee's net cost, less a reasonable allowance for depreciation or obsolescence, the franchisee's inventory, supplies, equipment, and furnishings purchased by the franchisee from the franchisor or its approved sources; however, no compensation shall be allowed for the personalized items which have no value to the franchisor. Acts 1977, No. 355, § 9; A.S.A. 1947, § 70-815.

Upon termination of any franchise by a franchisor without good cause, the franchisor shall, at the franchisee's option, repurchase at franchisee's net cost, less a reasonable allowance for depreciation or obsolescence, the franchisee's inventory, supplies, equipment, and furnishings purchased by the franchisee from the franchisor or its approved sources; however, no compensation shall be allowed for the personalized items which have no value to the franchisor.

Acts 1977, No. 355, § 9; A.S.A. 1947, § 70-815.
Ark. Code Ann. § 4-75-807 — AR Code / Title 4 / Chapter 75 / Subchapter 8 / Section 4-75-807
Fresh dairy products - Unlawful to limit quantity of purchase
Status: in_force

(a) It shall be unlawful for any vendor of fresh dairy products in this state who advertises or displays any of the products for sale at specified prices to restrict or limit the number or quantity of any such products to be sold to any purchaser desiring to purchase the products so long as the supply of the products to be purchased is available. (b) (1) Any person violating the provisions of this section shall be guilty of a violation and upon conviction shall be punished by a fine of not more than one hundred dollars ($100). (2) Each violation of this section shall be punishable as a separate offense. Acts 1963, No. 268, § 1; A.S.A. 1947, § 70-708; Acts 2005, No. 1994, § 41.

(a) It shall be unlawful for any vendor of fresh dairy products in this state who advertises or displays any of the products for sale at specified prices to restrict or limit the number or quantity of any such products to be sold to any purchaser desiring to purchase the products so long as the supply of the products to be purchased is available.

(b) (1) Any person violating the provisions of this section shall be guilty of a violation and upon conviction shall be punished by a fine of not more than one hundred dollars ($100). (2) Each violation of this section shall be punishable as a separate offense.

(1) Any person violating the provisions of this section shall be guilty of a violation and upon conviction shall be punished by a fine of not more than one hundred dollars ($100).

(2) Each violation of this section shall be punishable as a separate offense.

Acts 1963, No. 268, § 1; A.S.A. 1947, § 70-708; Acts 2005, No. 1994, § 41.
Ark. Code Ann. § 4-72-502 — AR Code / Title 4 / Chapter 72 / Subchapter 5 / Section 4-72-502
Franchise - Cancellation or termination
Status: in_force

(a) A petroleum products supplier or a petroleum products distributor shall not cancel, refuse to renew, or otherwise terminate a franchise with a petroleum products dealer except as prescribed in this section. (b) (1) If a petroleum products supplier or a petroleum products distributor proposes to cancel, to fail to renew, or to otherwise terminate a franchise with any petroleum products dealer, he or she shall so notify the dealer by certified mail at least thirty (30) days prior to the date on which he or she proposes to cancel, to fail to renew, or to terminate the franchise. (2) The notice shall include a statement of the grounds upon which the supplier or distributor bases his or her right to cancel, refuse to renew, or terminate the franchise. (c) Only the following matters shall be included in the franchise as grounds for a petroleum products supplier or petroleum products distributor to cancel or terminate the franchise of a petroleum products dealer: (1) Criminal misconduct or violation of law relating to the business or premises of the dealer; (2) Fraud; (3) Failure of the dealer to pay taxes and to obtain and maintain all licenses, permits, and other authority necessary to conduct business as a dealer; (4) Abandonment or unattendance of the business or premises of the dealer for such period of time as may be specified in the franchise; (5) Bankruptcy or insolvency of the dealer; (6) The failure by the dealer to pay the supplier or distributor for petroleum products purchased or received on consignment from the supplier or distributor within the time and in the manner prescribed in the franchise; (7) Nonpayment of rent or the loss by the refiner or distributor of its legal right to grant a dealer possession of the leased premises at which the business is located; (8) Death or incapacity of the dealer or the termination or dissolution of a partnership or corporation; (9) Adulteration or misrepresentation of products; (10) Force majeure, condemnation, or other public taking; or (11) Failure to comply with the provisions of the marketing agreement regarding the responsibility of the dealer to maintain the premises in a safe, clean, and attractive condition. (d) However, if a dealer abandons the business or premises for a period of time specified in the marketing agreement or violates one (1) or more provisions of subdivisions (c)(1)-(9) of this section, the supplier or distributor having the right to terminate the marketing agreement may do so immediately. (e) A petroleum products supplier or distributor may not fail to renew a franchise unless: (1) One (1) or more provisions of subsection (c) of this section are met; (2) The supplier or distributor and the dealer fail to agree to reasonable changes or reasonable additions to the terms of the franchise; (3) The supplier or distributor withdraws from the sale of motor fuels for sale other than resell in the state, one (1) or more counties thereof, or metropolitan areas; (4) The supplier or distributor intends to relinquish ownership or leasehold interest in the real estate premises on which the dealer conducts business; however, where two (2) or more separate noncontiguous real estate premises are involved, the franchise shall not be renewed as to the operations of the franchise related to the premises to be relinquished; (5) The real estate premises are to be used for purposes other than the sale or distribution of motor fuels; (6) The supplier or distributor intends to materially alter, add to, or replace improvements on the real estate premises; (7) The supplier or distributor received repeated consumer complaints concerning the conduct of a dealer's operation of a retail outlet; or (8) The supplier and dealer agree to mutually terminate the franchise. Acts 1975, No. 471, § 2; A.S.A. 1947, § 53-1102.

(a) A petroleum products supplier or a petroleum products distributor shall not cancel, refuse to renew, or otherwise terminate a franchise with a petroleum products dealer except as prescribed in this section.

(b) (1) If a petroleum products supplier or a petroleum products distributor proposes to cancel, to fail to renew, or to otherwise terminate a franchise with any petroleum products dealer, he or she shall so notify the dealer by certified mail at least thirty (30) days prior to the date on which he or she proposes to cancel, to fail to renew, or to terminate the franchise. (2) The notice shall include a statement of the grounds upon which the supplier or distributor bases his or her right to cancel, refuse to renew, or terminate the franchise.

(1) If a petroleum products supplier or a petroleum products distributor proposes to cancel, to fail to renew, or to otherwise terminate a franchise with any petroleum products dealer, he or she shall so notify the dealer by certified mail at least thirty (30) days prior to the date on which he or she proposes to cancel, to fail to renew, or to terminate the franchise.

(2) The notice shall include a statement of the grounds upon which the supplier or distributor bases his or her right to cancel, refuse to renew, or terminate the franchise.

(c) Only the following matters shall be included in the franchise as grounds for a petroleum products supplier or petroleum products distributor to cancel or terminate the franchise of a petroleum products dealer: (1) Criminal misconduct or violation of law relating to the business or premises of the dealer; (2) Fraud; (3) Failure of the dealer to pay taxes and to obtain and maintain all licenses, permits, and other authority necessary to conduct business as a dealer; (4) Abandonment or unattendance of the business or premises of the dealer for such period of time as may be specified in the franchise; (5) Bankruptcy or insolvency of the dealer; (6) The failure by the dealer to pay the supplier or distributor for petroleum products purchased or received on consignment from the supplier or distributor within the time and in the manner prescribed in the franchise; (7) Nonpayment of rent or the loss by the refiner or distributor of its legal right to grant a dealer possession of the leased premises at which the business is located; (8) Death or incapacity of the dealer or the termination or dissolution of a partnership or corporation; (9) Adulteration or misrepresentation of products; (10) Force majeure, condemnation, or other public taking; or (11) Failure to comply with the provisions of the marketing agreement regarding the responsibility of the dealer to maintain the premises in a safe, clean, and attractive condition.

(1) Criminal misconduct or violation of law relating to the business or premises of the dealer;

(2) Fraud;

(3) Failure of the dealer to pay taxes and to obtain and maintain all licenses, permits, and other authority necessary to conduct business as a dealer;

(4) Abandonment or unattendance of the business or premises of the dealer for such period of time as may be specified in the franchise;

(5) Bankruptcy or insolvency of the dealer;

(6) The failure by the dealer to pay the supplier or distributor for petroleum products purchased or received on consignment from the supplier or distributor within the time and in the manner prescribed in the franchise;

(7) Nonpayment of rent or the loss by the refiner or distributor of its legal right to grant a dealer possession of the leased premises at which the business is located;

(8) Death or incapacity of the dealer or the termination or dissolution of a partnership or corporation;

(9) Adulteration or misrepresentation of products;

(10) Force majeure, condemnation, or other public taking; or

(11) Failure to comply with the provisions of the marketing agreement regarding the responsibility of the dealer to maintain the premises in a safe, clean, and attractive condition.

(d) However, if a dealer abandons the business or premises for a period of time specified in the marketing agreement or violates one (1) or more provisions of subdivisions (c)(1)-(9) of this section, the supplier or distributor having the right to terminate the marketing agreement may do so immediately.

(e) A petroleum products supplier or distributor may not fail to renew a franchise unless: (1) One (1) or more provisions of subsection (c) of this section are met; (2) The supplier or distributor and the dealer fail to agree to reasonable changes or reasonable additions to the terms of the franchise; (3) The supplier or distributor withdraws from the sale of motor fuels for sale other than resell in the state, one (1) or more counties thereof, or metropolitan areas; (4) The supplier or distributor intends to relinquish ownership or leasehold interest in the real estate premises on which the dealer conducts business; however, where two (2) or more separate noncontiguous real estate premises are involved, the franchise shall not be renewed as to the operations of the franchise related to the premises to be relinquished; (5) The real estate premises are to be used for purposes other than the sale or distribution of motor fuels; (6) The supplier or distributor intends to materially alter, add to, or replace improvements on the real estate premises; (7) The supplier or distributor received repeated consumer complaints concerning the conduct of a dealer's operation of a retail outlet; or (8) The supplier and dealer agree to mutually terminate the franchise.

(1) One (1) or more provisions of subsection (c) of this section are met;

(2) The supplier or distributor and the dealer fail to agree to reasonable changes or reasonable additions to the terms of the franchise;

(3) The supplier or distributor withdraws from the sale of motor fuels for sale other than resell in the state, one (1) or more counties thereof, or metropolitan areas;

(4) The supplier or distributor intends to relinquish ownership or leasehold interest in the real estate premises on which the dealer conducts business; however, where two (2) or more separate noncontiguous real estate premises are involved, the franchise shall not be renewed as to the operations of the franchise related to the premises to be relinquished;

(5) The real estate premises are to be used for purposes other than the sale or distribution of motor fuels;

(6) The supplier or distributor intends to materially alter, add to, or replace improvements on the real estate premises;

(7) The supplier or distributor received repeated consumer complaints concerning the conduct of a dealer's operation of a retail outlet; or

(8) The supplier and dealer agree to mutually terminate the franchise.

Acts 1975, No. 471, § 2; A.S.A. 1947, § 53-1102.
Ark. Code Ann. § 4-47-1206 — AR Code / Title 4 / Chapter 47 / Subchapter 12 / Section 4-47-1206
Application to existing relationships
Status: in_force

(a) Except as otherwise provided in subsection (b), on and after September 1, 2007, this chapter governs all limited partnerships. (b) With respect to a limited partnership formed before this chapter takes effect, the following rules apply except as the partners otherwise elect in the manner provided in the partnership agreement or by law for amending the partnership agreement: (1) section 4-47-104(c) does not apply and the limited partnership has whatever duration it had under the law applicable immediately before the limited partnership became subject to this chapter; (2) the limited partnership is not required to amend its certificate of limited partnership to comply with § 4-47-201(a)(4) ; (3) sections 4-47-601 and 4-47-602 do not apply and a limited partner has the same right and power to dissociate from the limited partnership, with the same consequences, as existed immediately before the limited partnership became subject to this chapter; (4) section 4-47-603(4) does not apply; (5) section 4-47-603(5) does not apply and a court has the same power to expel a general partner as the court had immediately before the limited partnership became subject to this chapter; and (6) section 4-47-801(3) does not apply and the connection between a person's dissociation as a general partner and the dissolution of the limited partnership is the same as existed immediately before the limited partnership became subject to this chapter. (c) If subsection (a) causes a limited partnership that was a limited liability limited partnership under § 4-43-1110 [repealed] to become subject to this chapter: (1) if immediately before it became subject to this chapter its name complied with § 4-43-1110 [repealed], the affected limited partnership may maintain its name even if the name does not comply with § 4-47-108(c) ; and (2) the application to register the limited partnership that was a limited liability limited partnership under § 4-43-1110 [repealed] on file with the Secretary of State pursuant to § 4-43-1110 [repealed] is deemed to amend the limited partnership's certificate of limited partnership to state that the limited partnership is a limited liability limited partnership. Acts 2007, No. 15, § 1.

(a) Except as otherwise provided in subsection (b), on and after September 1, 2007, this chapter governs all limited partnerships.

(b) With respect to a limited partnership formed before this chapter takes effect, the following rules apply except as the partners otherwise elect in the manner provided in the partnership agreement or by law for amending the partnership agreement: (1) section 4-47-104(c) does not apply and the limited partnership has whatever duration it had under the law applicable immediately before the limited partnership became subject to this chapter; (2) the limited partnership is not required to amend its certificate of limited partnership to comply with § 4-47-201(a)(4) ; (3) sections 4-47-601 and 4-47-602 do not apply and a limited partner has the same right and power to dissociate from the limited partnership, with the same consequences, as existed immediately before the limited partnership became subject to this chapter; (4) section 4-47-603(4) does not apply; (5) section 4-47-603(5) does not apply and a court has the same power to expel a general partner as the court had immediately before the limited partnership became subject to this chapter; and (6) section 4-47-801(3) does not apply and the connection between a person's dissociation as a general partner and the dissolution of the limited partnership is the same as existed immediately before the limited partnership became subject to this chapter.

(1) section 4-47-104(c) does not apply and the limited partnership has whatever duration it had under the law applicable immediately before the limited partnership became subject to this chapter;

(2) the limited partnership is not required to amend its certificate of limited partnership to comply with § 4-47-201(a)(4) ;

(3) sections 4-47-601 and 4-47-602 do not apply and a limited partner has the same right and power to dissociate from the limited partnership, with the same consequences, as existed immediately before the limited partnership became subject to this chapter;

(4) section 4-47-603(4) does not apply;

(5) section 4-47-603(5) does not apply and a court has the same power to expel a general partner as the court had immediately before the limited partnership became subject to this chapter; and

(6) section 4-47-801(3) does not apply and the connection between a person's dissociation as a general partner and the dissolution of the limited partnership is the same as existed immediately before the limited partnership became subject to this chapter.

(c) If subsection (a) causes a limited partnership that was a limited liability limited partnership under § 4-43-1110 [repealed] to become subject to this chapter: (1) if immediately before it became subject to this chapter its name complied with § 4-43-1110 [repealed], the affected limited partnership may maintain its name even if the name does not comply with § 4-47-108(c) ; and (2) the application to register the limited partnership that was a limited liability limited partnership under § 4-43-1110 [repealed] on file with the Secretary of State pursuant to § 4-43-1110 [repealed] is deemed to amend the limited partnership's certificate of limited partnership to state that the limited partnership is a limited liability limited partnership.

(1) if immediately before it became subject to this chapter its name complied with § 4-43-1110 [repealed], the affected limited partnership may maintain its name even if the name does not comply with § 4-47-108(c) ; and

(2) the application to register the limited partnership that was a limited liability limited partnership under § 4-43-1110 [repealed] on file with the Secretary of State pursuant to § 4-43-1110 [repealed] is deemed to amend the limited partnership's certificate of limited partnership to state that the limited partnership is a limited liability limited partnership.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-75-412 — AR Code / Title 4 / Chapter 75 / Subchapter 4 / Section 4-75-412
Actions by injured parties
Status: in_force

(a) In addition to the criminal and civil penalties provided in this subchapter, any person who shall be injured in his or her business or property by any other person or corporation or association or partnership, by reason of anything forbidden or declared to be unlawful by this subchapter, may sue therefor in any court having jurisdiction thereof in the county where the defendant resides or is found, or any agent resides or is found, or where service may be obtained, without respect to the amount in controversy, and recover twofold the damages by him or her sustained and the costs of suit. (b) Whenever it shall appear to the court before which any proceedings under this subchapter may be pending that the ends of justice require that other parties shall be brought before the court, the court may cause them to be made parties defendant and summoned, whether they reside in the county where the action is pending or not. Acts 1937, No. 205, § 12; Pope's Dig., § 9430; A.S.A. 1947, § 70-141.

(a) In addition to the criminal and civil penalties provided in this subchapter, any person who shall be injured in his or her business or property by any other person or corporation or association or partnership, by reason of anything forbidden or declared to be unlawful by this subchapter, may sue therefor in any court having jurisdiction thereof in the county where the defendant resides or is found, or any agent resides or is found, or where service may be obtained, without respect to the amount in controversy, and recover twofold the damages by him or her sustained and the costs of suit.

(b) Whenever it shall appear to the court before which any proceedings under this subchapter may be pending that the ends of justice require that other parties shall be brought before the court, the court may cause them to be made parties defendant and summoned, whether they reside in the county where the action is pending or not.

Acts 1937, No. 205, § 12; Pope's Dig., § 9430; A.S.A. 1947, § 70-141.
Ark. Code Ann. § 4-35-305 — AR Code / Title 4 / Chapter 35 / Subchapter 3 / Section 4-35-305
Proceeds from issuance of bonds
Status: in_force

(a) The proceeds derived from all of the bonds other than refunding bonds may be used only to pay the costs of acquiring, constructing, improving, enlarging, and equipping the project with respect to which they were issued, as may be specified in the proceedings in which the bonds are authorized to be issued and all costs incidental thereto, including, without limitation: (1) The costs of any land forming a part of the project and all easements which may pertain to or be associated with any project; (2) The costs of the labor, materials, and supplies used in any construction, improvement, and enlargement, including architect's and engineer's fees and the cost of preparing contract documents and advertising for bids along with all other reasonable and necessary project costs; (3) The purchase price of and the cost of installing equipment for the project; (4) Legal, fiscal, accounting, and recording fees and expenses incurred in connection with the authorization, sale, and issuance of the bonds issued in connection with the project; (5) Interest on bonds for a reasonable period prior to, during, and after the time required for the construction and equipment; (6) The amount necessary to fund a debt service reserve in an amount deemed appropriate by the water authority; (7) Costs associated with the obtaining of default insurance, ratings, and other credit enhancements of every nature; and (8) Other operational expenses, reserves, and other accounts of every nature. (b) If any of the proceeds derived from the issuance of bonds remains undisbursed after completion of the project and the making of all such expenditures, the balance shall be used to pay principal of and interest on the bonds to fund a debt service reserve or for the redemption of bonds of the same issue. Acts 2003, No. 1330, § 3.

(a) The proceeds derived from all of the bonds other than refunding bonds may be used only to pay the costs of acquiring, constructing, improving, enlarging, and equipping the project with respect to which they were issued, as may be specified in the proceedings in which the bonds are authorized to be issued and all costs incidental thereto, including, without limitation: (1) The costs of any land forming a part of the project and all easements which may pertain to or be associated with any project; (2) The costs of the labor, materials, and supplies used in any construction, improvement, and enlargement, including architect's and engineer's fees and the cost of preparing contract documents and advertising for bids along with all other reasonable and necessary project costs; (3) The purchase price of and the cost of installing equipment for the project; (4) Legal, fiscal, accounting, and recording fees and expenses incurred in connection with the authorization, sale, and issuance of the bonds issued in connection with the project; (5) Interest on bonds for a reasonable period prior to, during, and after the time required for the construction and equipment; (6) The amount necessary to fund a debt service reserve in an amount deemed appropriate by the water authority; (7) Costs associated with the obtaining of default insurance, ratings, and other credit enhancements of every nature; and (8) Other operational expenses, reserves, and other accounts of every nature.

(1) The costs of any land forming a part of the project and all easements which may pertain to or be associated with any project;

(2) The costs of the labor, materials, and supplies used in any construction, improvement, and enlargement, including architect's and engineer's fees and the cost of preparing contract documents and advertising for bids along with all other reasonable and necessary project costs;

(3) The purchase price of and the cost of installing equipment for the project;

(4) Legal, fiscal, accounting, and recording fees and expenses incurred in connection with the authorization, sale, and issuance of the bonds issued in connection with the project;

(5) Interest on bonds for a reasonable period prior to, during, and after the time required for the construction and equipment;

(6) The amount necessary to fund a debt service reserve in an amount deemed appropriate by the water authority;

(7) Costs associated with the obtaining of default insurance, ratings, and other credit enhancements of every nature; and

(8) Other operational expenses, reserves, and other accounts of every nature.

(b) If any of the proceeds derived from the issuance of bonds remains undisbursed after completion of the project and the making of all such expenditures, the balance shall be used to pay principal of and interest on the bonds to fund a debt service reserve or for the redemption of bonds of the same issue.

Acts 2003, No. 1330, § 3.
Ark. Code Ann. § 4-106-202 — AR Code / Title 4 / Chapter 106 / Subchapter 2 / Section 4-106-202
Penalty
Status: in_force

(a) The Attorney General, any person, firm, private corporation, municipal or other public corporation, or trade association may maintain an action to enjoin a continuance of any act or acts in violation of this subchapter and for the recovery of damages. (b) Any person subject to liability under this section shall be deemed as a matter of law to have purposely availed himself or herself of the privileges of conducting activities within Arkansas sufficient to subject the person to the personal jurisdiction of the circuit court hearing an action brought pursuant to this subchapter. (c) An action for violation of this section may be brought: (1) In the county where the plaintiff resides; (2) In the county where the plaintiff conducts business; (3) In the county where the card or other purchasing mechanism or device was sold, marketed, promoted, advertised, or otherwise distributed; or (4) In the Pulaski County Circuit Court if the action is initiated by the Attorney General. (d) (1) If, in such action, the court shall find that the defendant is violating or has violated any of the provisions of this subchapter, it shall enjoin the defendant from a continuance thereof. (2) It shall not be necessary, except to recover for actual damages under subdivision (d)(3)(B) of this section, that actual damages to the plaintiff be alleged or proved. (3) In addition to injunctive relief, the plaintiff in the action shall be entitled to recover from the defendant: (A) Whichever is greater: (i) One hundred dollars ($100) per card or other purchasing mechanism or device sold, marketed, promoted, advertised, or otherwise distributed within the State of Arkansas; or (ii) Ten thousand dollars ($10,000); (B) Three (3) times the amount of the actual damages, if any, sustained; (C) Reasonable attorney's fees; (D) Costs; and (E) Any other relief which the court deems proper. (e) (1) All actions under this section shall be commenced within two (2) years after the date on which the violation of this subchapter occurs or within two (2) years after the person bringing the action discovers or in the exercise of reasonable diligence should have discovered the occurrence of the violation of this subchapter. (2) The period of limitation provided in this section may be extended for a period of one hundred eighty (180) days if the person bringing the action proves by a preponderance of the evidence that the failure to timely commence the action was caused by the defendant's engaging in conduct solely calculated to induce the plaintiff to refrain from or postpone the commencement of the action. (f) (1) Any defendant in an action brought under the provisions of this subchapter may be required to testify under § 16-43-211 and as otherwise provided by law. (2) In addition, the books and records of the defendant may be brought into court and introduced, by reference, into evidence. (g) The remedies prescribed in this section are cumulative and in addition to the remedies prescribed in the Deceptive Trade Practices Act, § 4-88-101 et seq., and any other applicable criminal, civil, or administrative penalties. Amended by Act 2013, No. 1148,§ 3, eff. 8/16/2013. Acts 1999, No. 1406, § 2; 2005, No. 875, §§ 3, 4.

(a) The Attorney General, any person, firm, private corporation, municipal or other public corporation, or trade association may maintain an action to enjoin a continuance of any act or acts in violation of this subchapter and for the recovery of damages.

(b) Any person subject to liability under this section shall be deemed as a matter of law to have purposely availed himself or herself of the privileges of conducting activities within Arkansas sufficient to subject the person to the personal jurisdiction of the circuit court hearing an action brought pursuant to this subchapter.

(c) An action for violation of this section may be brought: (1) In the county where the plaintiff resides; (2) In the county where the plaintiff conducts business; (3) In the county where the card or other purchasing mechanism or device was sold, marketed, promoted, advertised, or otherwise distributed; or (4) In the Pulaski County Circuit Court if the action is initiated by the Attorney General.

(1) In the county where the plaintiff resides;

(2) In the county where the plaintiff conducts business;

(3) In the county where the card or other purchasing mechanism or device was sold, marketed, promoted, advertised, or otherwise distributed; or

(4) In the Pulaski County Circuit Court if the action is initiated by the Attorney General.

(d) (1) If, in such action, the court shall find that the defendant is violating or has violated any of the provisions of this subchapter, it shall enjoin the defendant from a continuance thereof. (2) It shall not be necessary, except to recover for actual damages under subdivision (d)(3)(B) of this section, that actual damages to the plaintiff be alleged or proved. (3) In addition to injunctive relief, the plaintiff in the action shall be entitled to recover from the defendant: (A) Whichever is greater: (i) One hundred dollars ($100) per card or other purchasing mechanism or device sold, marketed, promoted, advertised, or otherwise distributed within the State of Arkansas; or (ii) Ten thousand dollars ($10,000); (B) Three (3) times the amount of the actual damages, if any, sustained; (C) Reasonable attorney's fees; (D) Costs; and (E) Any other relief which the court deems proper.

(1) If, in such action, the court shall find that the defendant is violating or has violated any of the provisions of this subchapter, it shall enjoin the defendant from a continuance thereof.

(2) It shall not be necessary, except to recover for actual damages under subdivision (d)(3)(B) of this section, that actual damages to the plaintiff be alleged or proved.

(3) In addition to injunctive relief, the plaintiff in the action shall be entitled to recover from the defendant: (A) Whichever is greater: (i) One hundred dollars ($100) per card or other purchasing mechanism or device sold, marketed, promoted, advertised, or otherwise distributed within the State of Arkansas; or (ii) Ten thousand dollars ($10,000); (B) Three (3) times the amount of the actual damages, if any, sustained; (C) Reasonable attorney's fees; (D) Costs; and (E) Any other relief which the court deems proper.

(A) Whichever is greater: (i) One hundred dollars ($100) per card or other purchasing mechanism or device sold, marketed, promoted, advertised, or otherwise distributed within the State of Arkansas; or (ii) Ten thousand dollars ($10,000);

(i) One hundred dollars ($100) per card or other purchasing mechanism or device sold, marketed, promoted, advertised, or otherwise distributed within the State of Arkansas; or

(ii) Ten thousand dollars ($10,000);

(B) Three (3) times the amount of the actual damages, if any, sustained;

(C) Reasonable attorney's fees;

(D) Costs; and

(E) Any other relief which the court deems proper.

(e) (1) All actions under this section shall be commenced within two (2) years after the date on which the violation of this subchapter occurs or within two (2) years after the person bringing the action discovers or in the exercise of reasonable diligence should have discovered the occurrence of the violation of this subchapter. (2) The period of limitation provided in this section may be extended for a period of one hundred eighty (180) days if the person bringing the action proves by a preponderance of the evidence that the failure to timely commence the action was caused by the defendant's engaging in conduct solely calculated to induce the plaintiff to refrain from or postpone the commencement of the action.

(1) All actions under this section shall be commenced within two (2) years after the date on which the violation of this subchapter occurs or within two (2) years after the person bringing the action discovers or in the exercise of reasonable diligence should have discovered the occurrence of the violation of this subchapter.

(2) The period of limitation provided in this section may be extended for a period of one hundred eighty (180) days if the person bringing the action proves by a preponderance of the evidence that the failure to timely commence the action was caused by the defendant's engaging in conduct solely calculated to induce the plaintiff to refrain from or postpone the commencement of the action.

(f) (1) Any defendant in an action brought under the provisions of this subchapter may be required to testify under § 16-43-211 and as otherwise provided by law. (2) In addition, the books and records of the defendant may be brought into court and introduced, by reference, into evidence.

(1) Any defendant in an action brought under the provisions of this subchapter may be required to testify under § 16-43-211 and as otherwise provided by law.

(2) In addition, the books and records of the defendant may be brought into court and introduced, by reference, into evidence.

(g) The remedies prescribed in this section are cumulative and in addition to the remedies prescribed in the Deceptive Trade Practices Act, § 4-88-101 et seq., and any other applicable criminal, civil, or administrative penalties.

Amended by Act 2013, No. 1148,§ 3, eff. 8/16/2013.

Acts 1999, No. 1406, § 2; 2005, No. 875, §§ 3, 4.
Ark. Code Ann. § 4-28-417 — AR Code / Title 4 / Chapter 28 / Subchapter 4 / Section 4-28-417
Access to records
Status: in_force

The Attorney General shall have access to all records filed with the Secretary of State under this subchapter. Added by Act 2017, No. 727,§ 15, eff. 1/1/2018.

The Attorney General shall have access to all records filed with the Secretary of State under this subchapter.

Added by Act 2017, No. 727,§ 15, eff. 1/1/2018.
Ark. Code Ann. § 4-35-103 — AR Code / Title 4 / Chapter 35 / Subchapter 1 / Section 4-35-103
Definitions
Status: in_force

As used in this chapter: (1) "Articles" means the articles of constitution or the articles of conversion and reconstitution of a water authority; (2) "Board" means the board of directors of a qualified corporation or a water authority; (3) "Bond" means any bond, promissory note, lease-purchase agreement, or other evidence of indebtedness issued, incurred, or entered into by a water authority; (4) "Commission" means the Arkansas Natural Resources Commission; (5) "Indenture" means a mortgage, indenture of mortgage, deed of trust, trust agreement, loan agreement, security agreement, or trust indenture executed by the water authority as security for any bonds; (6) (A) "Project" means any raw or potable water intake, treatment, distribution, transmission, storage, pumping, well site, well field, or other facility, or any combination of the foregoing, which has as its purpose the provision of raw or potable water to members of the general public and commercial, industrial, or other users along with any and all other appurtenances, equipment, betterments, or improvements related thereto. (B) (i) A project may include any lands or interest in land deemed by the board to be desirable in connection with the project and necessary equipment for the proper functioning and operation of the buildings or facilities involved. (ii) A project may include the construction, expansion, operation, or maintenance of a wastewater project or wastewater treatment plant; (7) (A) "Qualified corporation" means any nonprofit corporation originally formed pursuant to the Arkansas Nonprofit Corporation Act of 1993, § 4-33-101 et seq., the Arkansas Nonprofit Corporation Act, § 4-28-201 et seq., or a predecessor statute, which among other things provides, distributes, transmits, treats, pumps, or stores raw or potable water to or for the benefit of members of the general public and commercial, industrial, and other users or which proposes to accomplish, develop, or construct any of the foregoing. (B) A qualified corporation includes a nonprofit corporation that constructs, expands, operates, or maintains a wastewater project or wastewater treatment plant; (8) "State" means the State of Arkansas; (9) "United States" means the United States of America or any of its agencies or instrumentalities; (10) "Wastewater project" means sewage collection systems and treatment plants, including, without limitation, intercepting sewers, outfall sewers, force mains, pumping stations, instrumentation and control systems, and other appurtenances necessary or useful for the collection, removal, reduction, treatment, purification, disposal, and handling of liquid and solid waste, sewage and industrial waste, and refuse; (11) "Wastewater treatment plant" means any plant, disposal field, lagoon, pumping station, or other works: (A) That use chemical or biological processes for: (i) The treatment, stabilization, or disposal of sewage, industrial wastewaters, or other wastewaters; or (ii) The reduction and handling of sludge removed from wastewater; and (B) From which: (i) A discharge to the waters of the state occurs; or (ii) Municipal wastewater is land-applied; (12) "Water authority" means the public body politic and governmental entity organized pursuant to the provisions of this chapter; and (13) "Water users" means members of the public and commercial, industrial, and other users who purchase their raw or potable water directly from the water authority. Acts 2003, No. 1330, § 3; 2005, No. 1653, § 1.

As used in this chapter:

(1) "Articles" means the articles of constitution or the articles of conversion and reconstitution of a water authority;

(2) "Board" means the board of directors of a qualified corporation or a water authority;

(3) "Bond" means any bond, promissory note, lease-purchase agreement, or other evidence of indebtedness issued, incurred, or entered into by a water authority;

(4) "Commission" means the Arkansas Natural Resources Commission;

(5) "Indenture" means a mortgage, indenture of mortgage, deed of trust, trust agreement, loan agreement, security agreement, or trust indenture executed by the water authority as security for any bonds;

(6) (A) "Project" means any raw or potable water intake, treatment, distribution, transmission, storage, pumping, well site, well field, or other facility, or any combination of the foregoing, which has as its purpose the provision of raw or potable water to members of the general public and commercial, industrial, or other users along with any and all other appurtenances, equipment, betterments, or improvements related thereto. (B) (i) A project may include any lands or interest in land deemed by the board to be desirable in connection with the project and necessary equipment for the proper functioning and operation of the buildings or facilities involved. (ii) A project may include the construction, expansion, operation, or maintenance of a wastewater project or wastewater treatment plant;

(A) "Project" means any raw or potable water intake, treatment, distribution, transmission, storage, pumping, well site, well field, or other facility, or any combination of the foregoing, which has as its purpose the provision of raw or potable water to members of the general public and commercial, industrial, or other users along with any and all other appurtenances, equipment, betterments, or improvements related thereto.

(B) (i) A project may include any lands or interest in land deemed by the board to be desirable in connection with the project and necessary equipment for the proper functioning and operation of the buildings or facilities involved. (ii) A project may include the construction, expansion, operation, or maintenance of a wastewater project or wastewater treatment plant;

(i) A project may include any lands or interest in land deemed by the board to be desirable in connection with the project and necessary equipment for the proper functioning and operation of the buildings or facilities involved.

(ii) A project may include the construction, expansion, operation, or maintenance of a wastewater project or wastewater treatment plant;

(7) (A) "Qualified corporation" means any nonprofit corporation originally formed pursuant to the Arkansas Nonprofit Corporation Act of 1993, § 4-33-101 et seq., the Arkansas Nonprofit Corporation Act, § 4-28-201 et seq., or a predecessor statute, which among other things provides, distributes, transmits, treats, pumps, or stores raw or potable water to or for the benefit of members of the general public and commercial, industrial, and other users or which proposes to accomplish, develop, or construct any of the foregoing. (B) A qualified corporation includes a nonprofit corporation that constructs, expands, operates, or maintains a wastewater project or wastewater treatment plant;

(A) "Qualified corporation" means any nonprofit corporation originally formed pursuant to the Arkansas Nonprofit Corporation Act of 1993, § 4-33-101 et seq., the Arkansas Nonprofit Corporation Act, § 4-28-201 et seq., or a predecessor statute, which among other things provides, distributes, transmits, treats, pumps, or stores raw or potable water to or for the benefit of members of the general public and commercial, industrial, and other users or which proposes to accomplish, develop, or construct any of the foregoing.

(B) A qualified corporation includes a nonprofit corporation that constructs, expands, operates, or maintains a wastewater project or wastewater treatment plant;

(8) "State" means the State of Arkansas;

(9) "United States" means the United States of America or any of its agencies or instrumentalities;

(10) "Wastewater project" means sewage collection systems and treatment plants, including, without limitation, intercepting sewers, outfall sewers, force mains, pumping stations, instrumentation and control systems, and other appurtenances necessary or useful for the collection, removal, reduction, treatment, purification, disposal, and handling of liquid and solid waste, sewage and industrial waste, and refuse;

(11) "Wastewater treatment plant" means any plant, disposal field, lagoon, pumping station, or other works: (A) That use chemical or biological processes for: (i) The treatment, stabilization, or disposal of sewage, industrial wastewaters, or other wastewaters; or (ii) The reduction and handling of sludge removed from wastewater; and (B) From which: (i) A discharge to the waters of the state occurs; or (ii) Municipal wastewater is land-applied;

(A) That use chemical or biological processes for: (i) The treatment, stabilization, or disposal of sewage, industrial wastewaters, or other wastewaters; or (ii) The reduction and handling of sludge removed from wastewater; and

(i) The treatment, stabilization, or disposal of sewage, industrial wastewaters, or other wastewaters; or

(ii) The reduction and handling of sludge removed from wastewater; and

(B) From which: (i) A discharge to the waters of the state occurs; or (ii) Municipal wastewater is land-applied;

(i) A discharge to the waters of the state occurs; or

(ii) Municipal wastewater is land-applied;

(12) "Water authority" means the public body politic and governmental entity organized pursuant to the provisions of this chapter; and

(13) "Water users" means members of the public and commercial, industrial, and other users who purchase their raw or potable water directly from the water authority.

Acts 2003, No. 1330, § 3; 2005, No. 1653, § 1.
Ark. Code Ann. § 4-26-712 — AR Code / Title 4 / Chapter 26 / Subchapter 7 / Section 4-26-712
Shares without preemptive rights - Corporate powers and limitations
Status: in_force

(a) In respect to shares or securities which are not subject to or which have been released from preemptive rights, or in respect to which preemptive rights have expired, and subject to subsection (b): (1) The board of directors may grant options to subscribe for, or to purchase, such shares or securities; and it may fix the terms and consideration of such optional rights and of the purchase to be made thereunder. The optional rights may be evidenced in such form as the board may prescribe and may be made transferable. (2) The board of directors, without the granting of options, may authorize the sale and issuance of the shares or securities; and the board may select the purchasers and fix the terms and consideration for the sale and issuance of the shares and securities. (b) (1) A corporation shall not issue or sell to any one (1) or more of its directors, officers, or employees or to any one (1) or more of the directors, officers, or employees of a subsidiary corporation any of its treasury or authorized shares which carry voting rights, as defined in § 4-26-711(b) , or options to purchase shares, or securities convertible into or carrying options to purchase shares, unless such action, including the terms and consideration of the proposed issuance and sale, shall first be approved by the vote or written consent of the holders of at least a majority of the shares of the corporation which carry such voting rights. (2) However, no corporation which is required by the laws of the United States to register with and file periodic reports with the United States Securities and Exchange Commission shall be subject to the provisions of this subsection. Acts 1965, No. 576, § 28; 1973, No. 110, § 1; A.S.A. 1947, § 64-213.

(a) In respect to shares or securities which are not subject to or which have been released from preemptive rights, or in respect to which preemptive rights have expired, and subject to subsection (b): (1) The board of directors may grant options to subscribe for, or to purchase, such shares or securities; and it may fix the terms and consideration of such optional rights and of the purchase to be made thereunder. The optional rights may be evidenced in such form as the board may prescribe and may be made transferable. (2) The board of directors, without the granting of options, may authorize the sale and issuance of the shares or securities; and the board may select the purchasers and fix the terms and consideration for the sale and issuance of the shares and securities.

(1) The board of directors may grant options to subscribe for, or to purchase, such shares or securities; and it may fix the terms and consideration of such optional rights and of the purchase to be made thereunder. The optional rights may be evidenced in such form as the board may prescribe and may be made transferable.

(2) The board of directors, without the granting of options, may authorize the sale and issuance of the shares or securities; and the board may select the purchasers and fix the terms and consideration for the sale and issuance of the shares and securities.

(b) (1) A corporation shall not issue or sell to any one (1) or more of its directors, officers, or employees or to any one (1) or more of the directors, officers, or employees of a subsidiary corporation any of its treasury or authorized shares which carry voting rights, as defined in § 4-26-711(b) , or options to purchase shares, or securities convertible into or carrying options to purchase shares, unless such action, including the terms and consideration of the proposed issuance and sale, shall first be approved by the vote or written consent of the holders of at least a majority of the shares of the corporation which carry such voting rights. (2) However, no corporation which is required by the laws of the United States to register with and file periodic reports with the United States Securities and Exchange Commission shall be subject to the provisions of this subsection.

(1) A corporation shall not issue or sell to any one (1) or more of its directors, officers, or employees or to any one (1) or more of the directors, officers, or employees of a subsidiary corporation any of its treasury or authorized shares which carry voting rights, as defined in § 4-26-711(b) , or options to purchase shares, or securities convertible into or carrying options to purchase shares, unless such action, including the terms and consideration of the proposed issuance and sale, shall first be approved by the vote or written consent of the holders of at least a majority of the shares of the corporation which carry such voting rights.

(2) However, no corporation which is required by the laws of the United States to register with and file periodic reports with the United States Securities and Exchange Commission shall be subject to the provisions of this subsection.

Acts 1965, No. 576, § 28; 1973, No. 110, § 1; A.S.A. 1947, § 64-213.
Ark. Code Ann. § 4-26-607 — AR Code / Title 4 / Chapter 26 / Subchapter 6 / Section 4-26-607
Stated capital - Capital surplus - Earned surplus
Status: in_force

(a) In case of the issuance by a corporation of shares having a par value, the consideration received shall constitute stated capital to the extent of the par value of such shares, and the excess, if any, of such consideration shall constitute capital surplus. (b) (1) In case of the issuance by a corporation of shares without par value, the entire consideration received shall constitute stated capital unless the corporation shall determine as provided in this section that only a part thereof shall be stated capital. (2) Within a period of sixty (60) days after the issuance of any shares without par value, the board of directors may allocate to capital surplus not more than twenty-five percent (25%) of the consideration received for the issuance of the shares. (3) However, no allocation shall be made of any portion of the consideration received for shares without par value having a preference in the assets of the corporation in the event of involuntary liquidation except the amount, if any, of the consideration in excess of the preference. (c) If shares have been or shall be issued by a corporation in merger or consolidation or in acquisition of all or substantially all of the outstanding shares or of the property and assets of another corporation, whether domestic or foreign, any amount that would otherwise constitute capital surplus under the foregoing provisions of this section may instead be allocated to earned surplus by the board of directors of the issuing corporation except that its aggregate earned surplus shall not exceed the sum of the earned surpluses as defined in this chapter of the issuing corporation and of all other corporations, domestic or foreign, that were merged or consolidated or of which the shares or assets were acquired. (d) The stated capital of a corporation may be increased from time to time by resolution of the board of directors directing that all or a part of the surplus of the corporation be transferred to stated capital. The board of directors may direct that the amount of the surplus so transferred shall be deemed to be stated capital in respect of any designated class of shares. Acts 1965, No. 576, § 21; A.S.A. 1947, § 64-206.

(a) In case of the issuance by a corporation of shares having a par value, the consideration received shall constitute stated capital to the extent of the par value of such shares, and the excess, if any, of such consideration shall constitute capital surplus.

(b) (1) In case of the issuance by a corporation of shares without par value, the entire consideration received shall constitute stated capital unless the corporation shall determine as provided in this section that only a part thereof shall be stated capital. (2) Within a period of sixty (60) days after the issuance of any shares without par value, the board of directors may allocate to capital surplus not more than twenty-five percent (25%) of the consideration received for the issuance of the shares. (3) However, no allocation shall be made of any portion of the consideration received for shares without par value having a preference in the assets of the corporation in the event of involuntary liquidation except the amount, if any, of the consideration in excess of the preference.

(1) In case of the issuance by a corporation of shares without par value, the entire consideration received shall constitute stated capital unless the corporation shall determine as provided in this section that only a part thereof shall be stated capital.

(2) Within a period of sixty (60) days after the issuance of any shares without par value, the board of directors may allocate to capital surplus not more than twenty-five percent (25%) of the consideration received for the issuance of the shares.

(3) However, no allocation shall be made of any portion of the consideration received for shares without par value having a preference in the assets of the corporation in the event of involuntary liquidation except the amount, if any, of the consideration in excess of the preference.

(c) If shares have been or shall be issued by a corporation in merger or consolidation or in acquisition of all or substantially all of the outstanding shares or of the property and assets of another corporation, whether domestic or foreign, any amount that would otherwise constitute capital surplus under the foregoing provisions of this section may instead be allocated to earned surplus by the board of directors of the issuing corporation except that its aggregate earned surplus shall not exceed the sum of the earned surpluses as defined in this chapter of the issuing corporation and of all other corporations, domestic or foreign, that were merged or consolidated or of which the shares or assets were acquired.

(d) The stated capital of a corporation may be increased from time to time by resolution of the board of directors directing that all or a part of the surplus of the corporation be transferred to stated capital. The board of directors may direct that the amount of the surplus so transferred shall be deemed to be stated capital in respect of any designated class of shares.

Acts 1965, No. 576, § 21; A.S.A. 1947, § 64-206.
Ark. Code Ann. § 4-106-203 — AR Code / Title 4 / Chapter 106 / Subchapter 2 / Section 4-106-203
Designation and registration of agent
Status: in_force

Any person who sells, markets, promotes, advertises, or otherwise distributes any card or other purchasing mechanism or device which is not insurance that purports to offer discounts from healthcare providers in health-related purchases in Arkansas shall: (1) Designate an agent who is a resident of Arkansas for service of process; and (2) Register the agent with the Secretary of State. Acts 1999, No. 1406, § 3.

Any person who sells, markets, promotes, advertises, or otherwise distributes any card or other purchasing mechanism or device which is not insurance that purports to offer discounts from healthcare providers in health-related purchases in Arkansas shall:

(1) Designate an agent who is a resident of Arkansas for service of process; and

(2) Register the agent with the Secretary of State.

Acts 1999, No. 1406, § 3.
Ark. Code Ann. § 4-26-813 — AR Code / Title 4 / Chapter 26 / Subchapter 8 / Section 4-26-813
Removal of officers
Status: in_force

Any officer or agent may be removed by the board of directors whenever in its judgment the best interests of the corporation will be served thereby, but removal shall be without prejudice to the contract rights, if any, of the person so removed. Election or appointment of an officer or agent shall not of itself create contract rights. Acts 1965, No. 576, § 52; A.S.A. 1947, § 64-311.

Any officer or agent may be removed by the board of directors whenever in its judgment the best interests of the corporation will be served thereby, but removal shall be without prejudice to the contract rights, if any, of the person so removed. Election or appointment of an officer or agent shall not of itself create contract rights.

Acts 1965, No. 576, § 52; A.S.A. 1947, § 64-311.
Ark. Code Ann. § 4-47-905 — AR Code / Title 4 / Chapter 47 / Subchapter 9 / Section 4-47-905
Noncomplying name of foreign limited partnership
Status: in_force

(a) A foreign limited partnership whose name does not comply with § 4-47-108 may not obtain a certificate of authority until it adopts, for the purpose of transacting business in this State, an alternate name that complies with § 4-47-108 . A foreign limited partnership that adopts an alternate name under this subsection and then obtains a certificate of authority with the name need not comply with § 4-38-112 . After obtaining a certificate of authority with an alternate name, a foreign limited partnership shall transact business in this State under the name unless the foreign limited partnership is authorized under § 4-38-112 to transact business in this State under another name. (b) If a foreign limited partnership authorized to transact business in this State changes its name to one that does not comply with § 4-47-108 , it may not thereafter transact business in this State until it complies with subsection (a) and obtains an amended certificate of authority. Amended by Act 2021, No. 1041,§ 28, eff. 7/28/2021. Acts 2007, No. 15, § 1.

(a) A foreign limited partnership whose name does not comply with § 4-47-108 may not obtain a certificate of authority until it adopts, for the purpose of transacting business in this State, an alternate name that complies with § 4-47-108 . A foreign limited partnership that adopts an alternate name under this subsection and then obtains a certificate of authority with the name need not comply with § 4-38-112 . After obtaining a certificate of authority with an alternate name, a foreign limited partnership shall transact business in this State under the name unless the foreign limited partnership is authorized under § 4-38-112 to transact business in this State under another name.

(b) If a foreign limited partnership authorized to transact business in this State changes its name to one that does not comply with § 4-47-108 , it may not thereafter transact business in this State until it complies with subsection (a) and obtains an amended certificate of authority.

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

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-37-803 — AR Code / Title 4 / Chapter 37 / Subchapter 8 / Section 4-37-803
Transitional provisions
Status: in_force

(a) Before January 1, 2020, this chapter governs only: (1) a series limited liability company formed, or a protected series established, on or after October 1, 2019; and (2) a limited liability company that is a series limited liability company before October 1, 2019, and elects, in the manner provided in its operating agreement or by law for amending the operating agreement, to be subject to this chapter. (b) If a series limited liability company elects under subdivision (a)(2) to be subject to this chapter: (1) the election applies to each protected series of the company, whenever established; and (2) a manager of the company has the right to sign and deliver to the Secretary of State for filing any record necessary to comply with this chapter, whether the record pertains to the company, a protected series of the company, or both. (c) On and after January 1, 2020, this chapter governs all series limited liability companies and protected series. (d) Until October 1, 2020, § 4-37-402 and § 4-37-404 do not apply to a foreign protected series that was established before October 1, 2019, or a foreign limited liability company that became a foreign series limited liability company before October 1, 2019. Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.

(a) Before January 1, 2020, this chapter governs only: (1) a series limited liability company formed, or a protected series established, on or after October 1, 2019; and (2) a limited liability company that is a series limited liability company before October 1, 2019, and elects, in the manner provided in its operating agreement or by law for amending the operating agreement, to be subject to this chapter.

(1) a series limited liability company formed, or a protected series established, on or after October 1, 2019; and

(2) a limited liability company that is a series limited liability company before October 1, 2019, and elects, in the manner provided in its operating agreement or by law for amending the operating agreement, to be subject to this chapter.

(b) If a series limited liability company elects under subdivision (a)(2) to be subject to this chapter: (1) the election applies to each protected series of the company, whenever established; and (2) a manager of the company has the right to sign and deliver to the Secretary of State for filing any record necessary to comply with this chapter, whether the record pertains to the company, a protected series of the company, or both.

(1) the election applies to each protected series of the company, whenever established; and

(2) a manager of the company has the right to sign and deliver to the Secretary of State for filing any record necessary to comply with this chapter, whether the record pertains to the company, a protected series of the company, or both.

(c) On and after January 1, 2020, this chapter governs all series limited liability companies and protected series.

(d) Until October 1, 2020, § 4-37-402 and § 4-37-404 do not apply to a foreign protected series that was established before October 1, 2019, or a foreign limited liability company that became a foreign series limited liability company before October 1, 2019.

Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 4-88-205 — AR Code / Title 4 / Chapter 88 / Subchapter 2 / Section 4-88-205
Education initiatives
Status: in_force

The Attorney General shall, pursuant to the funds allocated in this subchapter, develop and implement statewide educational initiatives to inform elder persons and persons with a disability, law enforcement agencies, the judicial system, social services professionals, and the general public as to the prevalence and prevention of consumer crimes against elder persons or persons with a disability, the provisions of this chapter, the penalties for violations of this chapter, and the remedies available for victims of violations. Amended by Act 2019, No. 1035,§ 2, eff. 7/24/2019. Acts 1993, No. 138, § 1.

The Attorney General shall, pursuant to the funds allocated in this subchapter, develop and implement statewide educational initiatives to inform elder persons and persons with a disability, law enforcement agencies, the judicial system, social services professionals, and the general public as to the prevalence and prevention of consumer crimes against elder persons or persons with a disability, the provisions of this chapter, the penalties for violations of this chapter, and the remedies available for victims of violations.

Amended by Act 2019, No. 1035,§ 2, eff. 7/24/2019.

Acts 1993, No. 138, § 1.
Ark. Code Ann. § 4-10-103 — AR Code / Title 4 / Chapter 10 / Section 4-10-103
General repealer
Status: in_force

Except as provided in the following section, all acts and parts of acts inconsistent with this subtitle are hereby repealed. Acts 1961, No. 185, § 10-103; A.S.A. 1947, § 85-1-101n.

Except as provided in the following section, all acts and parts of acts inconsistent with this subtitle are hereby repealed.

Acts 1961, No. 185, § 10-103; A.S.A. 1947, § 85-1-101n.
Ark. Code Ann. § 4-28-415 — AR Code / Title 4 / Chapter 28 / Subchapter 4 / Section 4-28-415
Disposition of fees
Status: in_force

All registration fees collected by the Secretary of State under this subchapter shall be deposited into the State Treasury, and the Treasurer of State shall credit them as general revenues to the various funds in the respective amounts to each and to be used as provided in the Revenue Stabilization Law, § 19-5-101 et seq. Amended by Act 2017, No. 727,§ 14, eff. 1/1/2018. Acts 1999, No. 1198, § 15.

All registration fees collected by the Secretary of State under this subchapter shall be deposited into the State Treasury, and the Treasurer of State shall credit them as general revenues to the various funds in the respective amounts to each and to be used as provided in the Revenue Stabilization Law, § 19-5-101 et seq.

Amended by Act 2017, No. 727,§ 14, eff. 1/1/2018.

Acts 1999, No. 1198, § 15.
Ark. Code Ann. § 4-38-202 — AR Code / Title 4 / Chapter 38 / Subchapter 2 / Section 4-38-202
Amendment or restatement of certificate of organization
Status: in_force

(a) A certificate of organization may be amended or restated at any time. (b) To amend its certificate of organization, a limited liability company must deliver to the Secretary of State for filing an amendment stating: (1) the name of the company; (2) the date of filing of its initial certificate; and (3) the text of the amendment. (c) To restate its certificate of organization, a limited liability company must deliver to the Secretary of State for filing a restatement, designated as such in its heading. (d) If a member of a member-managed limited liability company, or a manager of a manager-managed limited liability company, knows that any information in a filed certificate of organization was inaccurate when the certificate was filed or has become inaccurate due to changed circumstances, the member or manager shall promptly: (1) cause the certificate to be amended; or (2) if appropriate, deliver to the Secretary of State for filing a statement of change under § 4-38-116 or a statement of correction under § 4-38-209 . Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

(a) A certificate of organization may be amended or restated at any time.

(b) To amend its certificate of organization, a limited liability company must deliver to the Secretary of State for filing an amendment stating: (1) the name of the company; (2) the date of filing of its initial certificate; and (3) the text of the amendment.

(1) the name of the company;

(2) the date of filing of its initial certificate; and

(3) the text of the amendment.

(c) To restate its certificate of organization, a limited liability company must deliver to the Secretary of State for filing a restatement, designated as such in its heading.

(d) If a member of a member-managed limited liability company, or a manager of a manager-managed limited liability company, knows that any information in a filed certificate of organization was inaccurate when the certificate was filed or has become inaccurate due to changed circumstances, the member or manager shall promptly: (1) cause the certificate to be amended; or (2) if appropriate, deliver to the Secretary of State for filing a statement of change under § 4-38-116 or a statement of correction under § 4-38-209 .

(1) cause the certificate to be amended; or

(2) if appropriate, deliver to the Secretary of State for filing a statement of change under § 4-38-116 or a statement of correction under § 4-38-209 .

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-57-105 — AR Code / Title 4 / Chapter 57 / Section 4-57-105
Usurious interest prohibited
Status: in_force

No person or corporation shall, directly or indirectly, take or receive in money, goods, things in action, or any other valuable thing, any greater sum or value for the loan or forbearance of money or goods, things in action, or any other valuable thing, than is prescribed in § 4-57-104 . Acts 1875, No. 56, § 2, p. 145; C. & M. Dig., § 7354; Pope's Dig., § 9393; A.S.A. 1947, § 68-603.

No person or corporation shall, directly or indirectly, take or receive in money, goods, things in action, or any other valuable thing, any greater sum or value for the loan or forbearance of money or goods, things in action, or any other valuable thing, than is prescribed in § 4-57-104 .

Acts 1875, No. 56, § 2, p. 145; C. & M. Dig., § 7354; Pope's Dig., § 9393; A.S.A. 1947, § 68-603.
Ark. Code Ann. § 4-59-212 — AR Code / Title 4 / Chapter 59 / Subchapter 2 / Section 4-59-212
Supplementary provisions
Status: in_force

Unless displaced by the provisions of this subchapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions. Amended by Act 2017, No. 1086,§ 1, eff. 8/1/2017. Acts 1987, No. 967, § 12.

Unless displaced by the provisions of this subchapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions.

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

Acts 1987, No. 967, § 12.
Ark. Code Ann. § 4-30-118 — AR Code / Title 4 / Chapter 30 / Subchapter 1 / Section 4-30-118
Tort liability of cooperative
Status: in_force

All cooperative corporations and associations organized under the laws of the State of Arkansas shall be liable and subject to being sued in the courts of the state for their torts resulting from the negligent acts of their agents, servants, and employees committed in the scope of their employment for the cooperatives. Acts 1947, No. 362, § 1; A.S.A. 1947, § 64-1525.

All cooperative corporations and associations organized under the laws of the State of Arkansas shall be liable and subject to being sued in the courts of the state for their torts resulting from the negligent acts of their agents, servants, and employees committed in the scope of their employment for the cooperatives.

Acts 1947, No. 362, § 1; A.S.A. 1947, § 64-1525.
Ark. Code Ann. § 4-72-212 — AR Code / Title 4 / Chapter 72 / Subchapter 2 / Section 4-72-212
Duties of good faith and fair dealing - Termination - Rights of survivors - Definition
Status: in_force

(a) A transaction under this subchapter shall be consistent with the governing principles and the obligation of good faith and fair dealing. (b) A franchisor may terminate a franchise agreement only for material cause as determined under objective standards. (c) (1) A survivor of a franchisee shall be treated in good faith and provided a sufficient opportunity to become an owner of the franchise. (2) As used in subdivision (c)(1) of this section, "survivor" means an immediate family member or designated heir of the franchisee or franchise owner. Added by Act 2023, No. 847,§ 5, eff. 8/1/2023, app. only to franchise agreements or contracts entered into or renewed on and after the effective date of this act..

(a) A transaction under this subchapter shall be consistent with the governing principles and the obligation of good faith and fair dealing.

(b) A franchisor may terminate a franchise agreement only for material cause as determined under objective standards.

(c) (1) A survivor of a franchisee shall be treated in good faith and provided a sufficient opportunity to become an owner of the franchise. (2) As used in subdivision (c)(1) of this section, "survivor" means an immediate family member or designated heir of the franchisee or franchise owner.

(1) A survivor of a franchisee shall be treated in good faith and provided a sufficient opportunity to become an owner of the franchise.

(2) As used in subdivision (c)(1) of this section, "survivor" means an immediate family member or designated heir of the franchisee or franchise owner.

Added by Act 2023, No. 847,§ 5, eff. 8/1/2023, app. only to franchise agreements or contracts entered into or renewed on and after the effective date of this act..
Ark. Code Ann. § 4-99-402 — AR Code / Title 4 / Chapter 99 / Subchapter 4 / Section 4-99-402
Legislative findings and intent
Status: in_force

(a) The General Assembly finds that: (1) The use of the telephone to market goods and services to the home and to other businesses is now pervasive due to the increased use of cost-effective telemarketing techniques; (2) Unrestricted telemarketing, however, can be an intrusive invasion of privacy; (3) Many consumers are outraged over the proliferation of intrusive nuisance calls to their homes from telemarketers; (4) In addition, the proliferation of unsolicited telemarketing calls, especially during the evening hours, creates a disturbance upon the home and family life of Arkansas consumers during a time of day used by many families for traditional family activities; (5) In addition, some consumers maintain telephone service primarily for emergency medical situations, and unrestricted telemarketing calls to these consumers may create a health and safety risk for these consumers; (6) Individuals' privacy rights, public safety interests, and commercial freedom of speech and trade must be balanced in a way that protects the privacy of individuals and permits legitimate telemarketing practices; and (7) (A) (i) Many consumers enjoy and benefit from unsolicited telemarketing contacts from legitimate telemarketers. (ii) However, other consumers object to these contacts as an invasion of an individual's right of privacy and have expressed an intention to refuse to respond to such telemarketing contacts. (B) Thus, even legitimate telemarketers have no further legitimate interest in continuing to invade the privacy of those consumers who have affirmatively expressed their objections to such contact and, in fact, legitimate telemarketers can make their telemarketing efforts even more cost-effective by avoiding calling those consumers who have affirmatively expressed an objection to any such contact. (b) The General Assembly intends that this subchapter protect the privacy of Arkansas consumers who have affirmatively expressed an objection to unsolicited telephone solicitations, and the General Assembly intends that this subchapter be liberally construed to effectuate that goal. Acts 1999, No. 1465, § 2.

(a) The General Assembly finds that: (1) The use of the telephone to market goods and services to the home and to other businesses is now pervasive due to the increased use of cost-effective telemarketing techniques; (2) Unrestricted telemarketing, however, can be an intrusive invasion of privacy; (3) Many consumers are outraged over the proliferation of intrusive nuisance calls to their homes from telemarketers; (4) In addition, the proliferation of unsolicited telemarketing calls, especially during the evening hours, creates a disturbance upon the home and family life of Arkansas consumers during a time of day used by many families for traditional family activities; (5) In addition, some consumers maintain telephone service primarily for emergency medical situations, and unrestricted telemarketing calls to these consumers may create a health and safety risk for these consumers; (6) Individuals' privacy rights, public safety interests, and commercial freedom of speech and trade must be balanced in a way that protects the privacy of individuals and permits legitimate telemarketing practices; and (7) (A) (i) Many consumers enjoy and benefit from unsolicited telemarketing contacts from legitimate telemarketers. (ii) However, other consumers object to these contacts as an invasion of an individual's right of privacy and have expressed an intention to refuse to respond to such telemarketing contacts. (B) Thus, even legitimate telemarketers have no further legitimate interest in continuing to invade the privacy of those consumers who have affirmatively expressed their objections to such contact and, in fact, legitimate telemarketers can make their telemarketing efforts even more cost-effective by avoiding calling those consumers who have affirmatively expressed an objection to any such contact.

(1) The use of the telephone to market goods and services to the home and to other businesses is now pervasive due to the increased use of cost-effective telemarketing techniques;

(2) Unrestricted telemarketing, however, can be an intrusive invasion of privacy;

(3) Many consumers are outraged over the proliferation of intrusive nuisance calls to their homes from telemarketers;

(4) In addition, the proliferation of unsolicited telemarketing calls, especially during the evening hours, creates a disturbance upon the home and family life of Arkansas consumers during a time of day used by many families for traditional family activities;

(5) In addition, some consumers maintain telephone service primarily for emergency medical situations, and unrestricted telemarketing calls to these consumers may create a health and safety risk for these consumers;

(6) Individuals' privacy rights, public safety interests, and commercial freedom of speech and trade must be balanced in a way that protects the privacy of individuals and permits legitimate telemarketing practices; and

(7) (A) (i) Many consumers enjoy and benefit from unsolicited telemarketing contacts from legitimate telemarketers. (ii) However, other consumers object to these contacts as an invasion of an individual's right of privacy and have expressed an intention to refuse to respond to such telemarketing contacts. (B) Thus, even legitimate telemarketers have no further legitimate interest in continuing to invade the privacy of those consumers who have affirmatively expressed their objections to such contact and, in fact, legitimate telemarketers can make their telemarketing efforts even more cost-effective by avoiding calling those consumers who have affirmatively expressed an objection to any such contact.

(A) (i) Many consumers enjoy and benefit from unsolicited telemarketing contacts from legitimate telemarketers. (ii) However, other consumers object to these contacts as an invasion of an individual's right of privacy and have expressed an intention to refuse to respond to such telemarketing contacts.

(i) Many consumers enjoy and benefit from unsolicited telemarketing contacts from legitimate telemarketers.

(ii) However, other consumers object to these contacts as an invasion of an individual's right of privacy and have expressed an intention to refuse to respond to such telemarketing contacts.

(B) Thus, even legitimate telemarketers have no further legitimate interest in continuing to invade the privacy of those consumers who have affirmatively expressed their objections to such contact and, in fact, legitimate telemarketers can make their telemarketing efforts even more cost-effective by avoiding calling those consumers who have affirmatively expressed an objection to any such contact.

(b) The General Assembly intends that this subchapter protect the privacy of Arkansas consumers who have affirmatively expressed an objection to unsolicited telephone solicitations, and the General Assembly intends that this subchapter be liberally construed to effectuate that goal.

Acts 1999, No. 1465, § 2.
Ark. Code Ann. § 4-75-1308 — AR Code / Title 4 / Chapter 75 / Subchapter 13 / Section 4-75-1308
Civil remedy
Status: in_force

(a) (1) An institution of higher education or a student-athlete as defined in § 4-75-1302 has a cause of action for damages against an athlete agent or third-party licensee if the institution of higher education or student-athlete is adversely affected by an act or omission of the athlete agent, third-party licensee, or anyone acting on behalf of the athlete agent or third-party licensee in violation of this subchapter. (2) An institution of higher education or student-athlete is adversely affected by an act or omission of an athlete agent, third-party licensee, or anyone acting on behalf of the athlete agent or third-party licensee, only if, because of the act or omission, the institution of higher education or student-athlete: (A) Is suspended or disqualified from participating in an intercollegiate sport; or (B) Suffers financial damage. (3) A student-athlete has a cause of action under this section only if the student-athlete was enrolled in an institution of higher education at the time of the act or omission. (b) (1) A person or entity, regardless of residence, shall not give or promise compensation for the use of the name, image, or likeness of a student-athlete enrolled at an institution of higher education located in Arkansas or of a prospective student-athlete who has entered into an enrollment contract with an institution of higher education located in Arkansas with the purpose of recruiting or inducing the student-athlete to enroll at another institution of higher education. (2) An institution of higher education or its supporting foundations or authorized entities and third-party licensees shall have a cause of action against any party that violates this section. (c) In an action under this section, a prevailing plaintiff may recover punitive damages, reasonable attorney's fees and costs, and any other reasonable litigation expenses. (d) An institution of higher education, its employees located within this state, including athletics coaching staff, shall not be liable for any damages related to an intercollegiate student-athlete's ability or inability to earn compensation for the use of the student-athlete's name, image, or likeness resulting from decisions and actions routinely taken within the course of their employment in intercollegiate athletics. Amended by Act 2023, No. 589,§ 6, eff. 4/11/2023. Added by Act 2021, No. 810,§ 1, eff. 1/1/2022.

(a) (1) An institution of higher education or a student-athlete as defined in § 4-75-1302 has a cause of action for damages against an athlete agent or third-party licensee if the institution of higher education or student-athlete is adversely affected by an act or omission of the athlete agent, third-party licensee, or anyone acting on behalf of the athlete agent or third-party licensee in violation of this subchapter. (2) An institution of higher education or student-athlete is adversely affected by an act or omission of an athlete agent, third-party licensee, or anyone acting on behalf of the athlete agent or third-party licensee, only if, because of the act or omission, the institution of higher education or student-athlete: (A) Is suspended or disqualified from participating in an intercollegiate sport; or (B) Suffers financial damage. (3) A student-athlete has a cause of action under this section only if the student-athlete was enrolled in an institution of higher education at the time of the act or omission.

(1) An institution of higher education or a student-athlete as defined in § 4-75-1302 has a cause of action for damages against an athlete agent or third-party licensee if the institution of higher education or student-athlete is adversely affected by an act or omission of the athlete agent, third-party licensee, or anyone acting on behalf of the athlete agent or third-party licensee in violation of this subchapter.

(2) An institution of higher education or student-athlete is adversely affected by an act or omission of an athlete agent, third-party licensee, or anyone acting on behalf of the athlete agent or third-party licensee, only if, because of the act or omission, the institution of higher education or student-athlete: (A) Is suspended or disqualified from participating in an intercollegiate sport; or (B) Suffers financial damage.

(A) Is suspended or disqualified from participating in an intercollegiate sport; or

(B) Suffers financial damage.

(3) A student-athlete has a cause of action under this section only if the student-athlete was enrolled in an institution of higher education at the time of the act or omission.

(b) (1) A person or entity, regardless of residence, shall not give or promise compensation for the use of the name, image, or likeness of a student-athlete enrolled at an institution of higher education located in Arkansas or of a prospective student-athlete who has entered into an enrollment contract with an institution of higher education located in Arkansas with the purpose of recruiting or inducing the student-athlete to enroll at another institution of higher education. (2) An institution of higher education or its supporting foundations or authorized entities and third-party licensees shall have a cause of action against any party that violates this section.

(1) A person or entity, regardless of residence, shall not give or promise compensation for the use of the name, image, or likeness of a student-athlete enrolled at an institution of higher education located in Arkansas or of a prospective student-athlete who has entered into an enrollment contract with an institution of higher education located in Arkansas with the purpose of recruiting or inducing the student-athlete to enroll at another institution of higher education.

(2) An institution of higher education or its supporting foundations or authorized entities and third-party licensees shall have a cause of action against any party that violates this section.

(c) In an action under this section, a prevailing plaintiff may recover punitive damages, reasonable attorney's fees and costs, and any other reasonable litigation expenses.

(d) An institution of higher education, its employees located within this state, including athletics coaching staff, shall not be liable for any damages related to an intercollegiate student-athlete's ability or inability to earn compensation for the use of the student-athlete's name, image, or likeness resulting from decisions and actions routinely taken within the course of their employment in intercollegiate athletics.

Amended by Act 2023, No. 589,§ 6, eff. 4/11/2023.

Added by Act 2021, No. 810,§ 1, eff. 1/1/2022.
Ark. Code Ann. § 4-18-334 — AR Code / Title 4 / Chapter 18 / Subchapter 3 / Section 4-18-334
Director of the Arkansas Bureau of Standards
Status: in_force

(a) (1) The Director of the Arkansas Bureau of Standards is appointed by the Governor and shall serve at the pleasure of the Governor. (2) The director shall report to the Secretary of the Department of Agriculture. (b) The director is vested with police powers and may: (1) Arrest with warrant any violator of: (A) This subchapter; or (B) Any other act dealing with weights and measures; and (2) Seize for use as evidence with warrant incorrect or unsealed weights and measures or amounts or packages of commodity found to be used, retained, offered, exposed for sale, or sold in violation of law. (c) [Repealed.] (d) The director shall: (1) Have custody of the state standards of weights and measures and of the other standards and equipment provided under this subchapter; (2) Keep accurate records of the standards and equipment; (3) Maintain a general supervision over weights and measures offered for sale, sold, or in use in the state; and (4) Make a report to the secretary on the activities of his or her office at the end of each fiscal year. Amended by Act 2019, No. 910,§ 41, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 40, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 39, eff. 7/1/2019. Acts 2005, No. 914, § 5.

(a) (1) The Director of the Arkansas Bureau of Standards is appointed by the Governor and shall serve at the pleasure of the Governor. (2) The director shall report to the Secretary of the Department of Agriculture.

(1) The Director of the Arkansas Bureau of Standards is appointed by the Governor and shall serve at the pleasure of the Governor.

(2) The director shall report to the Secretary of the Department of Agriculture.

(b) The director is vested with police powers and may: (1) Arrest with warrant any violator of: (A) This subchapter; or (B) Any other act dealing with weights and measures; and (2) Seize for use as evidence with warrant incorrect or unsealed weights and measures or amounts or packages of commodity found to be used, retained, offered, exposed for sale, or sold in violation of law.

(1) Arrest with warrant any violator of: (A) This subchapter; or (B) Any other act dealing with weights and measures; and

(A) This subchapter; or

(B) Any other act dealing with weights and measures; and

(2) Seize for use as evidence with warrant incorrect or unsealed weights and measures or amounts or packages of commodity found to be used, retained, offered, exposed for sale, or sold in violation of law.

(c) [Repealed.]

(d) The director shall: (1) Have custody of the state standards of weights and measures and of the other standards and equipment provided under this subchapter; (2) Keep accurate records of the standards and equipment; (3) Maintain a general supervision over weights and measures offered for sale, sold, or in use in the state; and (4) Make a report to the secretary on the activities of his or her office at the end of each fiscal year.

(1) Have custody of the state standards of weights and measures and of the other standards and equipment provided under this subchapter;

(2) Keep accurate records of the standards and equipment;

(3) Maintain a general supervision over weights and measures offered for sale, sold, or in use in the state; and

(4) Make a report to the secretary on the activities of his or her office at the end of each fiscal year.

Amended by Act 2019, No. 910,§ 41, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 40, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 39, eff. 7/1/2019.

Acts 2005, No. 914, § 5.
Ark. Code Ann. § 4-75-607 — AR Code / Title 4 / Chapter 75 / Subchapter 6 / Section 4-75-607
Attorney's fees
Status: in_force

The court may award reasonable attorneys' fees to the prevailing party if: (1) A claim of misappropriation is made in bad faith; (2) A motion to terminate an injunction is made or resisted in bad faith; or (3) Willful and malicious misappropriation exists. Acts 1981, No. 439, § 4; A.S.A. 1947, § 70-1004.

The court may award reasonable attorneys' fees to the prevailing party if:

(1) A claim of misappropriation is made in bad faith;

(2) A motion to terminate an injunction is made or resisted in bad faith; or

(3) Willful and malicious misappropriation exists.

Acts 1981, No. 439, § 4; A.S.A. 1947, § 70-1004.
Ark. Code Ann. § 4-47-406 — AR Code / Title 4 / Chapter 47 / Subchapter 4 / Section 4-47-406
Management rights of general partner
Status: in_force

(a) Each general partner has equal rights in the management and conduct of the limited partnership's activities. Except as expressly provided in this chapter, any matter relating to the activities of the limited partnership may be exclusively decided by the general partner or, if there is more than one general partner, by a majority of the general partners. (b) The consent of each partner is necessary to: (1) amend the partnership agreement; (2) amend the certificate of limited partnership to add or, subject to § 4-47-1110 , delete a statement that the limited partnership is a limited liability limited partnership; and (3) sell, lease, exchange, or otherwise dispose of all, or substantially all, of the limited partnership's property, with or without the good will, other than in the usual and regular course of the limited partnership's activities. (c) A limited partnership shall reimburse a general partner for payments made and indemnify a general partner for liabilities incurred by the general partner in the ordinary course of the activities of the partnership or for the preservation of its activities or property. (d) A limited partnership shall reimburse a general partner for an advance to the limited partnership beyond the amount of capital the general partner agreed to contribute. (e) A payment or advance made by a general partner which gives rise to an obligation of the limited partnership under subsection (c) or (d) constitutes a loan to the limited partnership which accrues interest from the date of the payment or advance. (f) A general partner is not entitled to remuneration for services performed for the partnership. Acts 2007, No. 15, § 1.

(a) Each general partner has equal rights in the management and conduct of the limited partnership's activities. Except as expressly provided in this chapter, any matter relating to the activities of the limited partnership may be exclusively decided by the general partner or, if there is more than one general partner, by a majority of the general partners.

(b) The consent of each partner is necessary to: (1) amend the partnership agreement; (2) amend the certificate of limited partnership to add or, subject to § 4-47-1110 , delete a statement that the limited partnership is a limited liability limited partnership; and (3) sell, lease, exchange, or otherwise dispose of all, or substantially all, of the limited partnership's property, with or without the good will, other than in the usual and regular course of the limited partnership's activities.

(1) amend the partnership agreement;

(2) amend the certificate of limited partnership to add or, subject to § 4-47-1110 , delete a statement that the limited partnership is a limited liability limited partnership; and

(3) sell, lease, exchange, or otherwise dispose of all, or substantially all, of the limited partnership's property, with or without the good will, other than in the usual and regular course of the limited partnership's activities.

(c) A limited partnership shall reimburse a general partner for payments made and indemnify a general partner for liabilities incurred by the general partner in the ordinary course of the activities of the partnership or for the preservation of its activities or property.

(d) A limited partnership shall reimburse a general partner for an advance to the limited partnership beyond the amount of capital the general partner agreed to contribute.

(e) A payment or advance made by a general partner which gives rise to an obligation of the limited partnership under subsection (c) or (d) constitutes a loan to the limited partnership which accrues interest from the date of the payment or advance.

(f) A general partner is not entitled to remuneration for services performed for the partnership.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-108-205 — AR Code / Title 4 / Chapter 108 / Subchapter 2 / Section 4-108-205
State Petroleum Products Division - General duties and powers
Status: in_force

(a) There is hereby created a State Petroleum Products Division located for administrative purposes within the Arkansas Bureau of Standards. (b) The State Plant Board shall have the authority to: (1) Enforce and administer all the provisions of this subchapter by inspections, analyses, and other appropriate actions; (2) (A) (i) Have access during normal business hours to all places where engine fuels, petroleum products, and automotive lubricants are kept, transferred, offered, exposed for sale, or sold for the purpose of examination, inspection, taking of samples, and investigation. (ii) As used in subdivision (b)(2)(A)(i) of this section, "engine fuels" does not include aviation fuel. (B) If a representative of the board is denied access by the owner or agent or other persons leasing the place where engine fuels, petroleum products, or automotive lubricants are kept, transferred, offered, exposed for sale, or sold for the purpose of examination, inspection, taking of samples, and investigation, the Director of the State Plant Board may obtain an administrative search warrant from a court of competent jurisdiction; (3) (A) Collect, or cause to be collected, samples of engine fuels, petroleum products, and automotive lubricants marketed in this state, and cause the samples to be tested or analyzed for compliance with the provisions of this subchapter. (B) As used in subdivision (b)(3)(A) of this section, "engine fuels" does not include aviation fuel; (4) (A) Define engine fuels for special use and refuse, revoke, suspend, or issue a stop-order if an engine fuel for special use is found not to be in compliance with this subchapter and remand a stop-order if the engine fuel for special use is brought into full compliance with this subchapter. (B) As used in subdivision (b)(4)(A) of this section, "engine fuels" does not include aviation fuel; (5) (A) Issue a stop-sale order for any engine fuel, petroleum product, and automotive lubricant found not to be in compliance with this subchapter and remand the stop-sale order if the engine fuel, petroleum product, or automotive lubricant is brought into full compliance with this subchapter. (B) As used in subdivision (b)(5)(A) of this section, "engine fuel" does not include aviation fuel; (6) (A) Refuse, revoke, or suspend the registration of an engine fuel, petroleum product, or automotive lubricant. (B) As used in subdivision (b)(6)(A) of this section, "engine fuel" does not include aviation fuel; and (7) Delegate to appropriate personnel any of these responsibilities for the proper administration of this subchapter. Amended by Act 2019, No. 606,§ 1, eff. 7/24/2019. Acts 2001, No. 586, § 5.

(a) There is hereby created a State Petroleum Products Division located for administrative purposes within the Arkansas Bureau of Standards.

(b) The State Plant Board shall have the authority to: (1) Enforce and administer all the provisions of this subchapter by inspections, analyses, and other appropriate actions; (2) (A) (i) Have access during normal business hours to all places where engine fuels, petroleum products, and automotive lubricants are kept, transferred, offered, exposed for sale, or sold for the purpose of examination, inspection, taking of samples, and investigation. (ii) As used in subdivision (b)(2)(A)(i) of this section, "engine fuels" does not include aviation fuel. (B) If a representative of the board is denied access by the owner or agent or other persons leasing the place where engine fuels, petroleum products, or automotive lubricants are kept, transferred, offered, exposed for sale, or sold for the purpose of examination, inspection, taking of samples, and investigation, the Director of the State Plant Board may obtain an administrative search warrant from a court of competent jurisdiction; (3) (A) Collect, or cause to be collected, samples of engine fuels, petroleum products, and automotive lubricants marketed in this state, and cause the samples to be tested or analyzed for compliance with the provisions of this subchapter. (B) As used in subdivision (b)(3)(A) of this section, "engine fuels" does not include aviation fuel; (4) (A) Define engine fuels for special use and refuse, revoke, suspend, or issue a stop-order if an engine fuel for special use is found not to be in compliance with this subchapter and remand a stop-order if the engine fuel for special use is brought into full compliance with this subchapter. (B) As used in subdivision (b)(4)(A) of this section, "engine fuels" does not include aviation fuel; (5) (A) Issue a stop-sale order for any engine fuel, petroleum product, and automotive lubricant found not to be in compliance with this subchapter and remand the stop-sale order if the engine fuel, petroleum product, or automotive lubricant is brought into full compliance with this subchapter. (B) As used in subdivision (b)(5)(A) of this section, "engine fuel" does not include aviation fuel; (6) (A) Refuse, revoke, or suspend the registration of an engine fuel, petroleum product, or automotive lubricant. (B) As used in subdivision (b)(6)(A) of this section, "engine fuel" does not include aviation fuel; and (7) Delegate to appropriate personnel any of these responsibilities for the proper administration of this subchapter.

(1) Enforce and administer all the provisions of this subchapter by inspections, analyses, and other appropriate actions;

(2) (A) (i) Have access during normal business hours to all places where engine fuels, petroleum products, and automotive lubricants are kept, transferred, offered, exposed for sale, or sold for the purpose of examination, inspection, taking of samples, and investigation. (ii) As used in subdivision (b)(2)(A)(i) of this section, "engine fuels" does not include aviation fuel. (B) If a representative of the board is denied access by the owner or agent or other persons leasing the place where engine fuels, petroleum products, or automotive lubricants are kept, transferred, offered, exposed for sale, or sold for the purpose of examination, inspection, taking of samples, and investigation, the Director of the State Plant Board may obtain an administrative search warrant from a court of competent jurisdiction;

(A) (i) Have access during normal business hours to all places where engine fuels, petroleum products, and automotive lubricants are kept, transferred, offered, exposed for sale, or sold for the purpose of examination, inspection, taking of samples, and investigation. (ii) As used in subdivision (b)(2)(A)(i) of this section, "engine fuels" does not include aviation fuel.

(i) Have access during normal business hours to all places where engine fuels, petroleum products, and automotive lubricants are kept, transferred, offered, exposed for sale, or sold for the purpose of examination, inspection, taking of samples, and investigation.

(ii) As used in subdivision (b)(2)(A)(i) of this section, "engine fuels" does not include aviation fuel.

(B) If a representative of the board is denied access by the owner or agent or other persons leasing the place where engine fuels, petroleum products, or automotive lubricants are kept, transferred, offered, exposed for sale, or sold for the purpose of examination, inspection, taking of samples, and investigation, the Director of the State Plant Board may obtain an administrative search warrant from a court of competent jurisdiction;

(3) (A) Collect, or cause to be collected, samples of engine fuels, petroleum products, and automotive lubricants marketed in this state, and cause the samples to be tested or analyzed for compliance with the provisions of this subchapter. (B) As used in subdivision (b)(3)(A) of this section, "engine fuels" does not include aviation fuel;

(A) Collect, or cause to be collected, samples of engine fuels, petroleum products, and automotive lubricants marketed in this state, and cause the samples to be tested or analyzed for compliance with the provisions of this subchapter.

(B) As used in subdivision (b)(3)(A) of this section, "engine fuels" does not include aviation fuel;

(4) (A) Define engine fuels for special use and refuse, revoke, suspend, or issue a stop-order if an engine fuel for special use is found not to be in compliance with this subchapter and remand a stop-order if the engine fuel for special use is brought into full compliance with this subchapter. (B) As used in subdivision (b)(4)(A) of this section, "engine fuels" does not include aviation fuel;

(A) Define engine fuels for special use and refuse, revoke, suspend, or issue a stop-order if an engine fuel for special use is found not to be in compliance with this subchapter and remand a stop-order if the engine fuel for special use is brought into full compliance with this subchapter.

(B) As used in subdivision (b)(4)(A) of this section, "engine fuels" does not include aviation fuel;

(5) (A) Issue a stop-sale order for any engine fuel, petroleum product, and automotive lubricant found not to be in compliance with this subchapter and remand the stop-sale order if the engine fuel, petroleum product, or automotive lubricant is brought into full compliance with this subchapter. (B) As used in subdivision (b)(5)(A) of this section, "engine fuel" does not include aviation fuel;

(A) Issue a stop-sale order for any engine fuel, petroleum product, and automotive lubricant found not to be in compliance with this subchapter and remand the stop-sale order if the engine fuel, petroleum product, or automotive lubricant is brought into full compliance with this subchapter.

(B) As used in subdivision (b)(5)(A) of this section, "engine fuel" does not include aviation fuel;

(6) (A) Refuse, revoke, or suspend the registration of an engine fuel, petroleum product, or automotive lubricant. (B) As used in subdivision (b)(6)(A) of this section, "engine fuel" does not include aviation fuel; and

(A) Refuse, revoke, or suspend the registration of an engine fuel, petroleum product, or automotive lubricant.

(B) As used in subdivision (b)(6)(A) of this section, "engine fuel" does not include aviation fuel; and

(7) Delegate to appropriate personnel any of these responsibilities for the proper administration of this subchapter.

Amended by Act 2019, No. 606,§ 1, eff. 7/24/2019.

Acts 2001, No. 586, § 5.
Ark. Code Ann. § 4-35-205 — AR Code / Title 4 / Chapter 35 / Subchapter 2 / Section 4-35-205
Officers
Status: in_force

(a) The officers of a water authority shall consist of a president, vice president, secretary, treasurer, and such other officers as the board of directors shall deem necessary to accomplish the purposes for which a water authority is organized. (b) The offices of secretary and treasurer may be held by the same person. (c) All officers of a water authority shall be elected by the board and shall serve for those terms of office as specified in the bylaws. (d) (1) An officer may resign at any time by delivering notice to the water authority. (2) (A) A resignation is effective when the notice is effective unless the notice specifies a future effective date. (B) If a resignation is made effective at a future date and the water authority accepts the future effective date, its board may fill the pending vacancy before the effective date if the board provides that the successor does not take office until the effective date. (e) A board may remove any officer at any time with or without cause. Acts 2003, No. 1330, § 3.

(a) The officers of a water authority shall consist of a president, vice president, secretary, treasurer, and such other officers as the board of directors shall deem necessary to accomplish the purposes for which a water authority is organized.

(b) The offices of secretary and treasurer may be held by the same person.

(c) All officers of a water authority shall be elected by the board and shall serve for those terms of office as specified in the bylaws.

(d) (1) An officer may resign at any time by delivering notice to the water authority. (2) (A) A resignation is effective when the notice is effective unless the notice specifies a future effective date. (B) If a resignation is made effective at a future date and the water authority accepts the future effective date, its board may fill the pending vacancy before the effective date if the board provides that the successor does not take office until the effective date.

(1) An officer may resign at any time by delivering notice to the water authority.

(2) (A) A resignation is effective when the notice is effective unless the notice specifies a future effective date. (B) If a resignation is made effective at a future date and the water authority accepts the future effective date, its board may fill the pending vacancy before the effective date if the board provides that the successor does not take office until the effective date.

(A) A resignation is effective when the notice is effective unless the notice specifies a future effective date.

(B) If a resignation is made effective at a future date and the water authority accepts the future effective date, its board may fill the pending vacancy before the effective date if the board provides that the successor does not take office until the effective date.

(e) A board may remove any officer at any time with or without cause.

Acts 2003, No. 1330, § 3.
Ark. Code Ann. § 4-71-218 — AR Code / Title 4 / Chapter 71 / Subchapter 2 / Section 4-71-218
Repeal of prior acts - Intent of subchapter
Status: in_force

(a) (1) This subchapter shall not affect any suit, proceeding, or appeal pending prior to August 1, 1997. (2) (A) All acts relating to marks and parts of any other acts inconsistent herewith are hereby repealed on August 1, 1997. (B) Provided, that as to any application, suit, proceeding, or appeal pending at the time this subchapter takes effect, and for that purpose only, such repeal shall be deemed not to be effective until final determination of said pending application, suit, proceeding, or appeal. (b) (1) The intent of this subchapter is to provide a system of state trademark registration and protection substantially consistent with the federal system of trademark registration and protection under the Trademark Act of 1946, as amended. (2) To that end, the construction given the federal act should be examined as persuasive authority for interpreting and construing this subchapter. Acts 1997, No. 1109, § 20.

(a) (1) This subchapter shall not affect any suit, proceeding, or appeal pending prior to August 1, 1997. (2) (A) All acts relating to marks and parts of any other acts inconsistent herewith are hereby repealed on August 1, 1997. (B) Provided, that as to any application, suit, proceeding, or appeal pending at the time this subchapter takes effect, and for that purpose only, such repeal shall be deemed not to be effective until final determination of said pending application, suit, proceeding, or appeal.

(1) This subchapter shall not affect any suit, proceeding, or appeal pending prior to August 1, 1997.

(2) (A) All acts relating to marks and parts of any other acts inconsistent herewith are hereby repealed on August 1, 1997. (B) Provided, that as to any application, suit, proceeding, or appeal pending at the time this subchapter takes effect, and for that purpose only, such repeal shall be deemed not to be effective until final determination of said pending application, suit, proceeding, or appeal.

(A) All acts relating to marks and parts of any other acts inconsistent herewith are hereby repealed on August 1, 1997.

(B) Provided, that as to any application, suit, proceeding, or appeal pending at the time this subchapter takes effect, and for that purpose only, such repeal shall be deemed not to be effective until final determination of said pending application, suit, proceeding, or appeal.

(b) (1) The intent of this subchapter is to provide a system of state trademark registration and protection substantially consistent with the federal system of trademark registration and protection under the Trademark Act of 1946, as amended. (2) To that end, the construction given the federal act should be examined as persuasive authority for interpreting and construing this subchapter.

(1) The intent of this subchapter is to provide a system of state trademark registration and protection substantially consistent with the federal system of trademark registration and protection under the Trademark Act of 1946, as amended.

(2) To that end, the construction given the federal act should be examined as persuasive authority for interpreting and construing this subchapter.

Acts 1997, No. 1109, § 20.
Ark. Code Ann. § 4-18-323 — AR Code / Title 4 / Chapter 18 / Subchapter 3 / Section 4-18-323
Civil penalties
Status: in_force

(a) (1) Any person who by himself or herself, by his or her servant or agent, or as the servant or agent of another person, commits any of the acts enumerated in § 4-18-322 may be assessed by the State Plant Board a civil penalty of: (A) Not less than one hundred dollars ($100) nor more than six hundred dollars ($600) for a first violation; (B) Not less than four hundred dollars ($400) nor more than one thousand two hundred dollars ($1,200) for a second violation within three (3) years after the date of the first violation; and (C) Not less than seven hundred dollars ($700) nor more than two thousand dollars ($2,000) for a third violation within three (3) years after the date of the first violation. (2) For a violation to be considered as a second or subsequent offense, it must be a repeat of a violation as enumerated in § 4-18-322 . (b) (1) Any person subject to a civil penalty shall have a right to request an administrative hearing within ten (10) calendar days after receipt of the notice of the penalty. (2) The board or subcommittee thereof is authorized to conduct the hearing after giving appropriate notice to the respondent. (3) The decision of the board is subject to appropriate judicial review. (c) (1) If the respondent has exhausted his or her administrative appeals and the civil penalty has been upheld, he or she shall pay the civil penalty within twenty (20) calendar days after the effective date of the final decision. (2) If the respondent fails to pay the penalty, a civil action may be brought by the board in any court of competent jurisdiction to recover the penalty. (3) Any civil penalty collected under this section shall be transmitted to the Plant Board Fund. Acts 2001, No. 587, § 23; 2005, No. 914, § 3.

(a) (1) Any person who by himself or herself, by his or her servant or agent, or as the servant or agent of another person, commits any of the acts enumerated in § 4-18-322 may be assessed by the State Plant Board a civil penalty of: (A) Not less than one hundred dollars ($100) nor more than six hundred dollars ($600) for a first violation; (B) Not less than four hundred dollars ($400) nor more than one thousand two hundred dollars ($1,200) for a second violation within three (3) years after the date of the first violation; and (C) Not less than seven hundred dollars ($700) nor more than two thousand dollars ($2,000) for a third violation within three (3) years after the date of the first violation. (2) For a violation to be considered as a second or subsequent offense, it must be a repeat of a violation as enumerated in § 4-18-322 .

(1) Any person who by himself or herself, by his or her servant or agent, or as the servant or agent of another person, commits any of the acts enumerated in § 4-18-322 may be assessed by the State Plant Board a civil penalty of: (A) Not less than one hundred dollars ($100) nor more than six hundred dollars ($600) for a first violation; (B) Not less than four hundred dollars ($400) nor more than one thousand two hundred dollars ($1,200) for a second violation within three (3) years after the date of the first violation; and (C) Not less than seven hundred dollars ($700) nor more than two thousand dollars ($2,000) for a third violation within three (3) years after the date of the first violation.

(A) Not less than one hundred dollars ($100) nor more than six hundred dollars ($600) for a first violation;

(B) Not less than four hundred dollars ($400) nor more than one thousand two hundred dollars ($1,200) for a second violation within three (3) years after the date of the first violation; and

(C) Not less than seven hundred dollars ($700) nor more than two thousand dollars ($2,000) for a third violation within three (3) years after the date of the first violation.

(2) For a violation to be considered as a second or subsequent offense, it must be a repeat of a violation as enumerated in § 4-18-322 .

(b) (1) Any person subject to a civil penalty shall have a right to request an administrative hearing within ten (10) calendar days after receipt of the notice of the penalty. (2) The board or subcommittee thereof is authorized to conduct the hearing after giving appropriate notice to the respondent. (3) The decision of the board is subject to appropriate judicial review.

(1) Any person subject to a civil penalty shall have a right to request an administrative hearing within ten (10) calendar days after receipt of the notice of the penalty.

(2) The board or subcommittee thereof is authorized to conduct the hearing after giving appropriate notice to the respondent.

(3) The decision of the board is subject to appropriate judicial review.

(c) (1) If the respondent has exhausted his or her administrative appeals and the civil penalty has been upheld, he or she shall pay the civil penalty within twenty (20) calendar days after the effective date of the final decision. (2) If the respondent fails to pay the penalty, a civil action may be brought by the board in any court of competent jurisdiction to recover the penalty. (3) Any civil penalty collected under this section shall be transmitted to the Plant Board Fund.

(1) If the respondent has exhausted his or her administrative appeals and the civil penalty has been upheld, he or she shall pay the civil penalty within twenty (20) calendar days after the effective date of the final decision.

(2) If the respondent fails to pay the penalty, a civil action may be brought by the board in any court of competent jurisdiction to recover the penalty.

(3) Any civil penalty collected under this section shall be transmitted to the Plant Board Fund.

Acts 2001, No. 587, § 23; 2005, No. 914, § 3.
Ark. Code Ann. § 4-5-117 — AR Code / Title 4 / Chapter 5 / Section 4-5-117
Subrogation of issuer, applicant, and nominated person
Status: in_force

(a) An issuer that honors a beneficiary's presentation is subrogated to the rights of the beneficiary to the same extent as if the issuer were a secondary obligor of the underlying obligation owed to the beneficiary and of the applicant to the same extent as if the issuer were the secondary obligor of the underlying obligation owed to the applicant. (b) An applicant that reimburses an issuer is subrogated to the rights of the issuer against any beneficiary, presenter, or nominated person to the same extent as if the applicant were the secondary obligor of the obligations owed to the issuer and has the rights of subrogation of the issuer to the rights of the beneficiary stated in subsection (a) of this section. (c) A nominated person who pays or gives value against a draft or demand presented under a letter of credit is subrogated to the rights of: (1) the issuer against the applicant to the same extent as if the nominated person were a secondary obligor of the obligation owed to the issuer by the applicant; (2) the beneficiary to the same extent as if the nominated person were a secondary obligor of the underlying obligation owed to the beneficiary; and (3) the applicant to same extent as if the nominated person were a secondary obligor of the underlying obligation owed to the applicant. (d) Notwithstanding any agreement or term to the contrary, the rights of subrogation stated in subsections (a) and (b) of this section do not arise until the issuer honors the letter of credit or otherwise pays and the rights in subsection (c) of this section do not arise until the nominated person pays or otherwise gives value. Until then, the issuer, nominated person, and the applicant do not derive under this section present or prospective rights forming the basis of a claim, defense, or excuse. Acts 1997, No. 1070, § 1.

(a) An issuer that honors a beneficiary's presentation is subrogated to the rights of the beneficiary to the same extent as if the issuer were a secondary obligor of the underlying obligation owed to the beneficiary and of the applicant to the same extent as if the issuer were the secondary obligor of the underlying obligation owed to the applicant.

(b) An applicant that reimburses an issuer is subrogated to the rights of the issuer against any beneficiary, presenter, or nominated person to the same extent as if the applicant were the secondary obligor of the obligations owed to the issuer and has the rights of subrogation of the issuer to the rights of the beneficiary stated in subsection (a) of this section.

(c) A nominated person who pays or gives value against a draft or demand presented under a letter of credit is subrogated to the rights of: (1) the issuer against the applicant to the same extent as if the nominated person were a secondary obligor of the obligation owed to the issuer by the applicant; (2) the beneficiary to the same extent as if the nominated person were a secondary obligor of the underlying obligation owed to the beneficiary; and (3) the applicant to same extent as if the nominated person were a secondary obligor of the underlying obligation owed to the applicant.

(1) the issuer against the applicant to the same extent as if the nominated person were a secondary obligor of the obligation owed to the issuer by the applicant;

(2) the beneficiary to the same extent as if the nominated person were a secondary obligor of the underlying obligation owed to the beneficiary; and

(3) the applicant to same extent as if the nominated person were a secondary obligor of the underlying obligation owed to the applicant.

(d) Notwithstanding any agreement or term to the contrary, the rights of subrogation stated in subsections (a) and (b) of this section do not arise until the issuer honors the letter of credit or otherwise pays and the rights in subsection (c) of this section do not arise until the nominated person pays or otherwise gives value. Until then, the issuer, nominated person, and the applicant do not derive under this section present or prospective rights forming the basis of a claim, defense, or excuse.

Acts 1997, No. 1070, § 1.
Ark. Code Ann. § 4-38-910 — AR Code / Title 4 / Chapter 38 / Subchapter 9 / Section 4-38-910
Termination of registration
Status: in_force

(a) The Secretary of State may terminate the registration of a registered foreign limited liability company in the manner provided in subsections (b) and (c) if the company does not: (1) pay, not later than 60 days after the due date, any fee, tax, interest, or penalty required to be paid to the Secretary of State under this chapter or law other than this chapter; (2) deliver to the Secretary of State for filing, not later than 60 days after the due date, an annual report required under § 4-38-212 ; (3) have a registered agent as required by § 4-38-115 ; or (4) deliver to the Secretary of State for filing a statement of a change under § 4-38-116 not later than 30 days after a change has occurred in the name or address of the registered agent. (b) The Secretary of State may terminate the registration of a registered foreign limited liability company by: (1) filing a notice of termination or noting the termination in the records of the Secretary of State; and (2) delivering a copy of the notice or the information in the notation to the company's registered agent or, if the company does not have a registered agent, to the company's principal office. (c) The notice must state or the information in the notation must include: (1) the effective date of the termination, which must be at least 60 days after the date the Secretary of State delivers the copy; and (2) the grounds for termination under subsection (a). (d) The authority of a registered foreign limited liability company to do business in this state ceases on the effective date of the notice of termination or notation under subsection (b), unless before that date the company cures each ground for termination stated in the notice or notation. If the company cures each ground, the Secretary of State shall file a record so stating. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

(a) The Secretary of State may terminate the registration of a registered foreign limited liability company in the manner provided in subsections (b) and (c) if the company does not: (1) pay, not later than 60 days after the due date, any fee, tax, interest, or penalty required to be paid to the Secretary of State under this chapter or law other than this chapter; (2) deliver to the Secretary of State for filing, not later than 60 days after the due date, an annual report required under § 4-38-212 ; (3) have a registered agent as required by § 4-38-115 ; or (4) deliver to the Secretary of State for filing a statement of a change under § 4-38-116 not later than 30 days after a change has occurred in the name or address of the registered agent.

(1) pay, not later than 60 days after the due date, any fee, tax, interest, or penalty required to be paid to the Secretary of State under this chapter or law other than this chapter;

(2) deliver to the Secretary of State for filing, not later than 60 days after the due date, an annual report required under § 4-38-212 ;

(3) have a registered agent as required by § 4-38-115 ; or

(4) deliver to the Secretary of State for filing a statement of a change under § 4-38-116 not later than 30 days after a change has occurred in the name or address of the registered agent.

(b) The Secretary of State may terminate the registration of a registered foreign limited liability company by: (1) filing a notice of termination or noting the termination in the records of the Secretary of State; and (2) delivering a copy of the notice or the information in the notation to the company's registered agent or, if the company does not have a registered agent, to the company's principal office.

(1) filing a notice of termination or noting the termination in the records of the Secretary of State; and

(2) delivering a copy of the notice or the information in the notation to the company's registered agent or, if the company does not have a registered agent, to the company's principal office.

(c) The notice must state or the information in the notation must include: (1) the effective date of the termination, which must be at least 60 days after the date the Secretary of State delivers the copy; and (2) the grounds for termination under subsection (a).

(1) the effective date of the termination, which must be at least 60 days after the date the Secretary of State delivers the copy; and

(2) the grounds for termination under subsection (a).

(d) The authority of a registered foreign limited liability company to do business in this state ceases on the effective date of the notice of termination or notation under subsection (b), unless before that date the company cures each ground for termination stated in the notice or notation. If the company cures each ground, the Secretary of State shall file a record so stating.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.