Ark. Code Ann. § 4-75-101 — AR Code / Title 4 / Chapter 75 / Subchapter 1 / Section 4-75-101
Covenant not to compete agreements
Status: in_force

(a) A covenant not to compete agreement is enforceable if the agreement is ancillary to an employment relationship or part of an otherwise enforceable employment agreement or contract to the extent that: (1) The employer has a protectable business interest; and (2) The covenant not to compete agreement is limited with respect to time and scope in a manner that is not greater than necessary to defend the protectable business interest of the employer. (b) For the purposes of subsection (a) of this section, the protectable business interest of the employer includes the employer's: (1) Trade secrets; (2) Intellectual property; (3) Customer lists; (4) Goodwill with customers; (5) Knowledge of his or her business practices; (6) Methods; (7) Profit margins; (8) Costs; (9) Other confidential business information that is confidential, proprietary, and increases in value from not being known by a competitor; (10) Training and education of the employer's employees; and (11) Other valuable employer data that the employer has provided to an employee that an employer would reasonably seek to protect or safeguard from a competitor in the interest of fairness. (c) (1) The lack of a specific or defined geographic descriptive restriction in a covenant not to compete agreement does not make the covenant not to compete agreement overly broad under subdivision (a)(2) of this section if the covenant not to compete agreement is limited with respect to time and scope in a manner that is not greater than necessary to defend the protectable business interest of the employer. (2) The reasonableness of a covenant not to compete agreement shall be determined after considering: (A) The nature of the employer's protectable business interest; (B) The geographic scope of the employer's business and whether or not a geographic limitation is feasible under the circumstances; (C) Whether or not the restriction placed on the employee is limited to a specific group of customers or other individuals or entities associated with the employer's business; and (D) The nature of the employer's business. (d) A post-termination restriction of two (2) years is presumptively reasonable as to length of time under subdivision (a)(2) of this section unless the facts and circumstances of a particular case clearly demonstrate that two (2) years is unreasonable compared to the employer's protectable business interest. (e) (1) In a private court action, a court may award the employer damages for a breach of a covenant not to compete agreement, appropriate injunctive relief, or both, if appropriate. (2) The immediate harm associated with the breach of a covenant not to compete agreement shall be considered irreparable to establish the appropriateness of a preliminary injunction. (3) This subsection does not limit: (A) Any other defense available to a party against a claim for preliminary injunctive relief; or (B) An employer's right to monetary damages for breach of a covenant not to compete agreement. (f) (1) If restrictions in a covenant not to compete agreement are found to be unreasonable and impose a greater restraint than is necessary to protect the protectable business interest of the employer under subdivision (a)(1) of this section, the court shall reform the covenant not to compete agreement to the extent necessary to: (A) Cause the limitations contained in the covenant not to compete agreement to be reasonable; and (B) Impose a restraint that is not greater than necessary to protect the protectable business interest. (2) The court shall enforce the covenant not to compete agreement under the reformed terms and conditions. (g) An employee's continued employment is sufficient consideration for a covenant not to compete agreement. (h) (1) This subsection does not apply to a covenant not to compete agreement that is ancillary to other contractual relationships, including any type of agreement for the sale and purchase of a business, franchise agreement, and any other agreement not ancillary to an employment relationship or employment contract. (2) Existing common law standards governing a covenant not to compete agreement outside the employment background shall remain in effect. (i) (1) This section shall not apply to other types of agreements between employers and employees that do not concern competition or competitive work, including: (A) Agreements not to solicit, recruit, or hire employees; (B) Confidentiality agreements; (C) Nondisclosure agreements; and (D) The terms and conditions of an employment or employment agreement. (2) Existing common law standards governing these types of agreements shall remain in effect. (j) This section shall not: (1) Be read to impair, limit, or change a party's protections and rights under the Arkansas Trade Secrets Act, § 4-75-601 et seq.; or (2) Apply to a person holding a professional license under Arkansas Code Title 17, Subtitle 3. Added by Act 2015, No. 921,§ 1, eff. 7/22/2015.

(a) A covenant not to compete agreement is enforceable if the agreement is ancillary to an employment relationship or part of an otherwise enforceable employment agreement or contract to the extent that: (1) The employer has a protectable business interest; and (2) The covenant not to compete agreement is limited with respect to time and scope in a manner that is not greater than necessary to defend the protectable business interest of the employer.

(1) The employer has a protectable business interest; and

(2) The covenant not to compete agreement is limited with respect to time and scope in a manner that is not greater than necessary to defend the protectable business interest of the employer.

(b) For the purposes of subsection (a) of this section, the protectable business interest of the employer includes the employer's: (1) Trade secrets; (2) Intellectual property; (3) Customer lists; (4) Goodwill with customers; (5) Knowledge of his or her business practices; (6) Methods; (7) Profit margins; (8) Costs; (9) Other confidential business information that is confidential, proprietary, and increases in value from not being known by a competitor; (10) Training and education of the employer's employees; and (11) Other valuable employer data that the employer has provided to an employee that an employer would reasonably seek to protect or safeguard from a competitor in the interest of fairness.

(1) Trade secrets;

(2) Intellectual property;

(3) Customer lists;

(4) Goodwill with customers;

(5) Knowledge of his or her business practices;

(6) Methods;

(7) Profit margins;

(8) Costs;

(9) Other confidential business information that is confidential, proprietary, and increases in value from not being known by a competitor;

(10) Training and education of the employer's employees; and

(11) Other valuable employer data that the employer has provided to an employee that an employer would reasonably seek to protect or safeguard from a competitor in the interest of fairness.

(c) (1) The lack of a specific or defined geographic descriptive restriction in a covenant not to compete agreement does not make the covenant not to compete agreement overly broad under subdivision (a)(2) of this section if the covenant not to compete agreement is limited with respect to time and scope in a manner that is not greater than necessary to defend the protectable business interest of the employer. (2) The reasonableness of a covenant not to compete agreement shall be determined after considering: (A) The nature of the employer's protectable business interest; (B) The geographic scope of the employer's business and whether or not a geographic limitation is feasible under the circumstances; (C) Whether or not the restriction placed on the employee is limited to a specific group of customers or other individuals or entities associated with the employer's business; and (D) The nature of the employer's business.

(1) The lack of a specific or defined geographic descriptive restriction in a covenant not to compete agreement does not make the covenant not to compete agreement overly broad under subdivision (a)(2) of this section if the covenant not to compete agreement is limited with respect to time and scope in a manner that is not greater than necessary to defend the protectable business interest of the employer.

(2) The reasonableness of a covenant not to compete agreement shall be determined after considering: (A) The nature of the employer's protectable business interest; (B) The geographic scope of the employer's business and whether or not a geographic limitation is feasible under the circumstances; (C) Whether or not the restriction placed on the employee is limited to a specific group of customers or other individuals or entities associated with the employer's business; and (D) The nature of the employer's business.

(A) The nature of the employer's protectable business interest;

(B) The geographic scope of the employer's business and whether or not a geographic limitation is feasible under the circumstances;

(C) Whether or not the restriction placed on the employee is limited to a specific group of customers or other individuals or entities associated with the employer's business; and

(D) The nature of the employer's business.

(d) A post-termination restriction of two (2) years is presumptively reasonable as to length of time under subdivision (a)(2) of this section unless the facts and circumstances of a particular case clearly demonstrate that two (2) years is unreasonable compared to the employer's protectable business interest.

(e) (1) In a private court action, a court may award the employer damages for a breach of a covenant not to compete agreement, appropriate injunctive relief, or both, if appropriate. (2) The immediate harm associated with the breach of a covenant not to compete agreement shall be considered irreparable to establish the appropriateness of a preliminary injunction. (3) This subsection does not limit: (A) Any other defense available to a party against a claim for preliminary injunctive relief; or (B) An employer's right to monetary damages for breach of a covenant not to compete agreement.

(1) In a private court action, a court may award the employer damages for a breach of a covenant not to compete agreement, appropriate injunctive relief, or both, if appropriate.

(2) The immediate harm associated with the breach of a covenant not to compete agreement shall be considered irreparable to establish the appropriateness of a preliminary injunction.

(3) This subsection does not limit: (A) Any other defense available to a party against a claim for preliminary injunctive relief; or (B) An employer's right to monetary damages for breach of a covenant not to compete agreement.

(A) Any other defense available to a party against a claim for preliminary injunctive relief; or

(B) An employer's right to monetary damages for breach of a covenant not to compete agreement.

(f) (1) If restrictions in a covenant not to compete agreement are found to be unreasonable and impose a greater restraint than is necessary to protect the protectable business interest of the employer under subdivision (a)(1) of this section, the court shall reform the covenant not to compete agreement to the extent necessary to: (A) Cause the limitations contained in the covenant not to compete agreement to be reasonable; and (B) Impose a restraint that is not greater than necessary to protect the protectable business interest. (2) The court shall enforce the covenant not to compete agreement under the reformed terms and conditions.

(1) If restrictions in a covenant not to compete agreement are found to be unreasonable and impose a greater restraint than is necessary to protect the protectable business interest of the employer under subdivision (a)(1) of this section, the court shall reform the covenant not to compete agreement to the extent necessary to: (A) Cause the limitations contained in the covenant not to compete agreement to be reasonable; and (B) Impose a restraint that is not greater than necessary to protect the protectable business interest.

(A) Cause the limitations contained in the covenant not to compete agreement to be reasonable; and

(B) Impose a restraint that is not greater than necessary to protect the protectable business interest.

(2) The court shall enforce the covenant not to compete agreement under the reformed terms and conditions.

(g) An employee's continued employment is sufficient consideration for a covenant not to compete agreement.

(h) (1) This subsection does not apply to a covenant not to compete agreement that is ancillary to other contractual relationships, including any type of agreement for the sale and purchase of a business, franchise agreement, and any other agreement not ancillary to an employment relationship or employment contract. (2) Existing common law standards governing a covenant not to compete agreement outside the employment background shall remain in effect.

(1) This subsection does not apply to a covenant not to compete agreement that is ancillary to other contractual relationships, including any type of agreement for the sale and purchase of a business, franchise agreement, and any other agreement not ancillary to an employment relationship or employment contract.

(2) Existing common law standards governing a covenant not to compete agreement outside the employment background shall remain in effect.

(i) (1) This section shall not apply to other types of agreements between employers and employees that do not concern competition or competitive work, including: (A) Agreements not to solicit, recruit, or hire employees; (B) Confidentiality agreements; (C) Nondisclosure agreements; and (D) The terms and conditions of an employment or employment agreement. (2) Existing common law standards governing these types of agreements shall remain in effect.

(1) This section shall not apply to other types of agreements between employers and employees that do not concern competition or competitive work, including: (A) Agreements not to solicit, recruit, or hire employees; (B) Confidentiality agreements; (C) Nondisclosure agreements; and (D) The terms and conditions of an employment or employment agreement.

(A) Agreements not to solicit, recruit, or hire employees;

(B) Confidentiality agreements;

(C) Nondisclosure agreements; and

(D) The terms and conditions of an employment or employment agreement.

(2) Existing common law standards governing these types of agreements shall remain in effect.

(j) This section shall not: (1) Be read to impair, limit, or change a party's protections and rights under the Arkansas Trade Secrets Act, § 4-75-601 et seq.; or (2) Apply to a person holding a professional license under Arkansas Code Title 17, Subtitle 3.

(1) Be read to impair, limit, or change a party's protections and rights under the Arkansas Trade Secrets Act, § 4-75-601 et seq.; or

(2) Apply to a person holding a professional license under Arkansas Code Title 17, Subtitle 3.

Added by Act 2015, No. 921,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 4-30-107 — AR Code / Title 4 / Chapter 30 / Subchapter 1 / Section 4-30-107
Membership - Purposes - Powers
Status: in_force

(a) Any number of persons, corporations, or entities may associate themselves together as a cooperative corporation for any one (1) or more of the following purposes under the cooperative plan of the cooperative corporation: (1) Conducting an agricultural, dairy, mercantile, mining, manufacturing, mechanical, marketing, warehousing, transportation, construction, building, or property management business; (2) Conducting the business of the cooperative corporation; or (3) Accomplishing a purpose of the cooperative corporation. (b) A cooperative corporation may: (1) Buy, sell, or deal in products: (A) Produced or owned by the following: (i) The cooperative corporation; (ii) The individual members or patrons of the cooperative corporation; (iii) Another cooperative corporation; (iv) The individual members or patrons of another cooperative corporation; and (B) Available in the open market; (2) Negotiate the price at which the products of the cooperative corporation may be sold; (3) Enter into a contract between the cooperative corporation and the individual members and patrons of the cooperative corporation or on behalf of the cooperative corporation or the individual members and patrons of the cooperative corporation; (4) Purchase, hold, lease, mortgage, encumber, sell, exchange, and convey real and personal property; (5) Erect buildings, structures, and other facilities on: (A) Property owned or leased by the cooperative corporation; and (B) A right-of-way legally acquired by the cooperative corporation; (6) Issue bonds and other evidence of indebtedness and borrow money to finance the business of the cooperative corporation; (7) Make an advance to the individual members and patrons of the cooperative corporation on products delivered by the individual members and patrons to the cooperative corporation; (8) Loan money to an individual member of the cooperative corporation or a corporation or association from which the cooperative corporation is constituted, with security that the cooperative corporation considers sufficient; (9) Purchase, acquire, hold, or dispose of stock of another association or corporation and assume all rights, interests, privileges, responsibilities, and obligations arising out of the ownership of the stock; (10) Purchase, own, and hold shares of capital stock, memberships, interests in nonstock capital, and evidences of indebtedness of a corporation if the purchase, ownership, or holding of the shares of capital stock, memberships, interests in nonstock capital, and evidences of indebtedness of the corporation is necessary or incidental to accomplishing a purpose stated in the articles of incorporation of the cooperative corporation; (11) Exercise fiduciary powers in relation to the members, cooperatives, or associations from which the cooperative corporation is constituted; (12) Take, receive, and hold real and personal property, including without limitation the principal and interest of money or other funds and rights in a contract, in trust for any purpose not inconsistent with the purposes of the cooperative corporation as determined by the articles of incorporation of the cooperative corporation; and (13) Exercise fiduciary powers in relation to taking, receiving, and holding real and personal property. Amended by Act 2017, No. 748,§ 2, eff. 8/1/2017. Acts 1921, No. 632, § 2; Pope's Dig., § 2263; A.S.A. 1947, § 64-1503; Acts 1989, No. 493, § 2.

(a) Any number of persons, corporations, or entities may associate themselves together as a cooperative corporation for any one (1) or more of the following purposes under the cooperative plan of the cooperative corporation: (1) Conducting an agricultural, dairy, mercantile, mining, manufacturing, mechanical, marketing, warehousing, transportation, construction, building, or property management business; (2) Conducting the business of the cooperative corporation; or (3) Accomplishing a purpose of the cooperative corporation.

(1) Conducting an agricultural, dairy, mercantile, mining, manufacturing, mechanical, marketing, warehousing, transportation, construction, building, or property management business;

(2) Conducting the business of the cooperative corporation; or

(3) Accomplishing a purpose of the cooperative corporation.

(b) A cooperative corporation may: (1) Buy, sell, or deal in products: (A) Produced or owned by the following: (i) The cooperative corporation; (ii) The individual members or patrons of the cooperative corporation; (iii) Another cooperative corporation; (iv) The individual members or patrons of another cooperative corporation; and (B) Available in the open market; (2) Negotiate the price at which the products of the cooperative corporation may be sold; (3) Enter into a contract between the cooperative corporation and the individual members and patrons of the cooperative corporation or on behalf of the cooperative corporation or the individual members and patrons of the cooperative corporation; (4) Purchase, hold, lease, mortgage, encumber, sell, exchange, and convey real and personal property; (5) Erect buildings, structures, and other facilities on: (A) Property owned or leased by the cooperative corporation; and (B) A right-of-way legally acquired by the cooperative corporation; (6) Issue bonds and other evidence of indebtedness and borrow money to finance the business of the cooperative corporation; (7) Make an advance to the individual members and patrons of the cooperative corporation on products delivered by the individual members and patrons to the cooperative corporation; (8) Loan money to an individual member of the cooperative corporation or a corporation or association from which the cooperative corporation is constituted, with security that the cooperative corporation considers sufficient; (9) Purchase, acquire, hold, or dispose of stock of another association or corporation and assume all rights, interests, privileges, responsibilities, and obligations arising out of the ownership of the stock; (10) Purchase, own, and hold shares of capital stock, memberships, interests in nonstock capital, and evidences of indebtedness of a corporation if the purchase, ownership, or holding of the shares of capital stock, memberships, interests in nonstock capital, and evidences of indebtedness of the corporation is necessary or incidental to accomplishing a purpose stated in the articles of incorporation of the cooperative corporation; (11) Exercise fiduciary powers in relation to the members, cooperatives, or associations from which the cooperative corporation is constituted; (12) Take, receive, and hold real and personal property, including without limitation the principal and interest of money or other funds and rights in a contract, in trust for any purpose not inconsistent with the purposes of the cooperative corporation as determined by the articles of incorporation of the cooperative corporation; and (13) Exercise fiduciary powers in relation to taking, receiving, and holding real and personal property.

(1) Buy, sell, or deal in products: (A) Produced or owned by the following: (i) The cooperative corporation; (ii) The individual members or patrons of the cooperative corporation; (iii) Another cooperative corporation; (iv) The individual members or patrons of another cooperative corporation; and (B) Available in the open market;

(A) Produced or owned by the following: (i) The cooperative corporation; (ii) The individual members or patrons of the cooperative corporation; (iii) Another cooperative corporation; (iv) The individual members or patrons of another cooperative corporation; and

(i) The cooperative corporation;

(ii) The individual members or patrons of the cooperative corporation;

(iii) Another cooperative corporation;

(iv) The individual members or patrons of another cooperative corporation; and

(B) Available in the open market;

(2) Negotiate the price at which the products of the cooperative corporation may be sold;

(3) Enter into a contract between the cooperative corporation and the individual members and patrons of the cooperative corporation or on behalf of the cooperative corporation or the individual members and patrons of the cooperative corporation;

(4) Purchase, hold, lease, mortgage, encumber, sell, exchange, and convey real and personal property;

(5) Erect buildings, structures, and other facilities on: (A) Property owned or leased by the cooperative corporation; and (B) A right-of-way legally acquired by the cooperative corporation;

(A) Property owned or leased by the cooperative corporation; and

(B) A right-of-way legally acquired by the cooperative corporation;

(6) Issue bonds and other evidence of indebtedness and borrow money to finance the business of the cooperative corporation;

(7) Make an advance to the individual members and patrons of the cooperative corporation on products delivered by the individual members and patrons to the cooperative corporation;

(8) Loan money to an individual member of the cooperative corporation or a corporation or association from which the cooperative corporation is constituted, with security that the cooperative corporation considers sufficient;

(9) Purchase, acquire, hold, or dispose of stock of another association or corporation and assume all rights, interests, privileges, responsibilities, and obligations arising out of the ownership of the stock;

(10) Purchase, own, and hold shares of capital stock, memberships, interests in nonstock capital, and evidences of indebtedness of a corporation if the purchase, ownership, or holding of the shares of capital stock, memberships, interests in nonstock capital, and evidences of indebtedness of the corporation is necessary or incidental to accomplishing a purpose stated in the articles of incorporation of the cooperative corporation;

(11) Exercise fiduciary powers in relation to the members, cooperatives, or associations from which the cooperative corporation is constituted;

(12) Take, receive, and hold real and personal property, including without limitation the principal and interest of money or other funds and rights in a contract, in trust for any purpose not inconsistent with the purposes of the cooperative corporation as determined by the articles of incorporation of the cooperative corporation; and

(13) Exercise fiduciary powers in relation to taking, receiving, and holding real and personal property.

Amended by Act 2017, No. 748,§ 2, eff. 8/1/2017.

Acts 1921, No. 632, § 2; Pope's Dig., § 2263; A.S.A. 1947, § 64-1503; Acts 1989, No. 493, § 2.
Ark. Code Ann. § 4-88-602 — AR Code / Title 4 / Chapter 88 / Subchapter 6 / Section 4-88-602
Definitions
Status: in_force

As used in this subchapter: (1) "Commercial" means for the purpose of promoting the sale, lease, or exchange of goods, services, or real property; (2) "Computer network" means a set of related remotely connected devices and communication facilities, including two (2) or more computers with the capability to transmit data through communication facilities; (3) "Electronic mail" means an electronic message, a file, data, or other information that is transmitted: (A) Between two (2) or more computers, computer networks, or electronic terminals; or (B) Within or between computer networks; (4) "Electronic mail address" means a destination commonly expressed as a string of characters to which electronic mail may be sent or delivered; (5) "Electronic mail service provider" means a person who: (A) Is an intermediary in the transmission of electronic mail from the sender to the recipient; or (B) Provides to end users of electronic mail service the ability to send and receive electronic mail; (6) "Harmful to minors" shall have the same meaning as set forth in § 5-68-501(2) ; (7) "Interactive computer service" means an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet, and also the systems operated or services offered by libraries or educational institutions; (8) "Internet domain name" means a globally unique, hierarchical reference to an internet host or service assigned through centralized internet authorities and comprising a series of character strings separated by periods, with the right-most string specifying the top of the hierarchy; (9) "Person" means any individual, corporation, partnership, association, limited liability company, any other form or business association, or any combination of them; (10) (A) (i) "Preexisting business relationship" means that there was a business transaction or communication between the sender and the recipient of a commercial electronic mail message during the five-year period preceding the receipt of that message. (ii) A preexisting business relationship does not exist after a recipient requests to be removed from the distribution list of a sender. (B) If a sender operates through separate lines of business or divisions and holds itself out to the recipient as that particular line of business or division rather than as the entity of which the line of business or division is a part, then the line of business or the division shall be treated as the sender for purposes of this section; (11) "Sexually explicit electronic mail" means a commercial electronic mail that contains material that is harmful to minors or promotes an electronic link to material that is harmful to minors; and (12) "Unsolicited" means without the recipient's express permission, except that commercial electronic mail is not unsolicited if the sender has a preexisting business or personal relationship with the recipient. Acts 2003, No. 1019, § 1.

As used in this subchapter:

(1) "Commercial" means for the purpose of promoting the sale, lease, or exchange of goods, services, or real property;

(2) "Computer network" means a set of related remotely connected devices and communication facilities, including two (2) or more computers with the capability to transmit data through communication facilities;

(3) "Electronic mail" means an electronic message, a file, data, or other information that is transmitted: (A) Between two (2) or more computers, computer networks, or electronic terminals; or (B) Within or between computer networks;

(A) Between two (2) or more computers, computer networks, or electronic terminals; or

(B) Within or between computer networks;

(4) "Electronic mail address" means a destination commonly expressed as a string of characters to which electronic mail may be sent or delivered;

(5) "Electronic mail service provider" means a person who: (A) Is an intermediary in the transmission of electronic mail from the sender to the recipient; or (B) Provides to end users of electronic mail service the ability to send and receive electronic mail;

(A) Is an intermediary in the transmission of electronic mail from the sender to the recipient; or

(B) Provides to end users of electronic mail service the ability to send and receive electronic mail;

(6) "Harmful to minors" shall have the same meaning as set forth in § 5-68-501(2) ;

(7) "Interactive computer service" means an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet, and also the systems operated or services offered by libraries or educational institutions;

(8) "Internet domain name" means a globally unique, hierarchical reference to an internet host or service assigned through centralized internet authorities and comprising a series of character strings separated by periods, with the right-most string specifying the top of the hierarchy;

(9) "Person" means any individual, corporation, partnership, association, limited liability company, any other form or business association, or any combination of them;

(10) (A) (i) "Preexisting business relationship" means that there was a business transaction or communication between the sender and the recipient of a commercial electronic mail message during the five-year period preceding the receipt of that message. (ii) A preexisting business relationship does not exist after a recipient requests to be removed from the distribution list of a sender. (B) If a sender operates through separate lines of business or divisions and holds itself out to the recipient as that particular line of business or division rather than as the entity of which the line of business or division is a part, then the line of business or the division shall be treated as the sender for purposes of this section;

(A) (i) "Preexisting business relationship" means that there was a business transaction or communication between the sender and the recipient of a commercial electronic mail message during the five-year period preceding the receipt of that message. (ii) A preexisting business relationship does not exist after a recipient requests to be removed from the distribution list of a sender.

(i) "Preexisting business relationship" means that there was a business transaction or communication between the sender and the recipient of a commercial electronic mail message during the five-year period preceding the receipt of that message.

(ii) A preexisting business relationship does not exist after a recipient requests to be removed from the distribution list of a sender.

(B) If a sender operates through separate lines of business or divisions and holds itself out to the recipient as that particular line of business or division rather than as the entity of which the line of business or division is a part, then the line of business or the division shall be treated as the sender for purposes of this section;

(11) "Sexually explicit electronic mail" means a commercial electronic mail that contains material that is harmful to minors or promotes an electronic link to material that is harmful to minors; and

(12) "Unsolicited" means without the recipient's express permission, except that commercial electronic mail is not unsolicited if the sender has a preexisting business or personal relationship with the recipient.

Acts 2003, No. 1019, § 1.
Ark. Code Ann. § 4-46-1202 — AR Code / Title 4 / Chapter 46 / Subchapter 12 / Section 4-46-1202
Short title
Status: in_force

This chapter may be cited as the Uniform Partnership Act (1996). Acts 1999, No. 1518, § 1202.

This chapter may be cited as the Uniform Partnership Act (1996).

Acts 1999, No. 1518, § 1202.
Ark. Code Ann. § 4-116-105 — AR Code / Title 4 / Chapter 116 / Section 4-116-105
Application disclosures
Status: in_force

(a) When a consumer applies for a refund anticipation loan, the facilitator shall disclose to the consumer on a colored-paper form separate from the application in 14-point type face, the following information: (1) The fee for the refund anticipation loan, including the fee for the tax preparation and other fees charged the consumer; (2) The time within which the proceeds of the refund anticipation loan will be paid to the consumer if the loan is approved; (3) For refund anticipation loans, the following disclosures: (A) A legend, centered, in bold, capital letters, and in 18-point type stating: "NOTICE"; and (B) The statement: "This is a loan. You are borrowing money against your tax refund. If your tax refund is less than expected, you will still owe the entire amount of the loan. If your refund is delayed, you may have to pay additional costs. YOU CAN USUALLY GET YOUR REFUND IN 8 TO 15 DAYS WITHOUT GETTING A LOAN OR PAYING EXTRA FEES. You can have your tax return filed electronically and your refund direct deposited into your bank account without obtaining a loan or other paid product."; and (4) (A) For refund anticipation loans, disclosure of the refund anticipation loan interest rate. (B) The refund anticipation loan interest rate shall be calculated utilizing the guidelines established under the federal Truth in Lending Act, 15 U.S.C. § 1601 et seq., as it existed on January 1, 2009. (b) If a consumer applies for a refund anticipation check, the facilitator shall disclose to the consumer on a colored-paper form separate from the application in 14-point type face, the following information: (1) The fee for the refund anticipation check, including the fee for tax preparation and other fees charged the consumer; (2) The time within which the proceeds of the refund anticipation check will be paid to the consumer; and (3) The following disclosures: (A) A legend, centered, in bold, capital letters, and in 18-point type stating: "NOTICE"; and (B) The statement: "You are paying [amount of refund anticipation check fee] to get your refund check through [name of issuer of the refund anticipation check]. YOU CAN AVOID THIS FEE AND STILL RECEIVE YOUR REFUND IN THE SAME AMOUNT OF TIME BY HAVING YOUR REFUND DIRECTLY DEPOSITED INTO YOUR BANK ACCOUNT. You can also wait for the Internal Revenue Service to mail you a check.". (c) The facilitator shall provide to the consumer before completing the loan or check transaction in a form that can be kept by the consumer the following: (1) The disclosures required by this section; (2) A copy of the completed loan or check application and agreement; and (3) For refund anticipation loans, the disclosures required by the federal Truth in Lending Act, 15 U.S.C. § 1601 et seq. (d) The disclosures required by this section shall be provided in English and in the language used primarily for oral communication between the facilitator and the consumer. Acts 2009, No. 1402, § 1.

(a) When a consumer applies for a refund anticipation loan, the facilitator shall disclose to the consumer on a colored-paper form separate from the application in 14-point type face, the following information: (1) The fee for the refund anticipation loan, including the fee for the tax preparation and other fees charged the consumer; (2) The time within which the proceeds of the refund anticipation loan will be paid to the consumer if the loan is approved; (3) For refund anticipation loans, the following disclosures: (A) A legend, centered, in bold, capital letters, and in 18-point type stating: "NOTICE"; and (B) The statement: "This is a loan. You are borrowing money against your tax refund. If your tax refund is less than expected, you will still owe the entire amount of the loan. If your refund is delayed, you may have to pay additional costs. YOU CAN USUALLY GET YOUR REFUND IN 8 TO 15 DAYS WITHOUT GETTING A LOAN OR PAYING EXTRA FEES. You can have your tax return filed electronically and your refund direct deposited into your bank account without obtaining a loan or other paid product."; and (4) (A) For refund anticipation loans, disclosure of the refund anticipation loan interest rate. (B) The refund anticipation loan interest rate shall be calculated utilizing the guidelines established under the federal Truth in Lending Act, 15 U.S.C. § 1601 et seq., as it existed on January 1, 2009.

(1) The fee for the refund anticipation loan, including the fee for the tax preparation and other fees charged the consumer;

(2) The time within which the proceeds of the refund anticipation loan will be paid to the consumer if the loan is approved;

(3) For refund anticipation loans, the following disclosures: (A) A legend, centered, in bold, capital letters, and in 18-point type stating: "NOTICE"; and (B) The statement: "This is a loan. You are borrowing money against your tax refund. If your tax refund is less than expected, you will still owe the entire amount of the loan. If your refund is delayed, you may have to pay additional costs. YOU CAN USUALLY GET YOUR REFUND IN 8 TO 15 DAYS WITHOUT GETTING A LOAN OR PAYING EXTRA FEES. You can have your tax return filed electronically and your refund direct deposited into your bank account without obtaining a loan or other paid product."; and

(A) A legend, centered, in bold, capital letters, and in 18-point type stating: "NOTICE"; and

(B) The statement: "This is a loan. You are borrowing money against your tax refund. If your tax refund is less than expected, you will still owe the entire amount of the loan. If your refund is delayed, you may have to pay additional costs. YOU CAN USUALLY GET YOUR REFUND IN 8 TO 15 DAYS WITHOUT GETTING A LOAN OR PAYING EXTRA FEES. You can have your tax return filed electronically and your refund direct deposited into your bank account without obtaining a loan or other paid product."; and

(4) (A) For refund anticipation loans, disclosure of the refund anticipation loan interest rate. (B) The refund anticipation loan interest rate shall be calculated utilizing the guidelines established under the federal Truth in Lending Act, 15 U.S.C. § 1601 et seq., as it existed on January 1, 2009.

(A) For refund anticipation loans, disclosure of the refund anticipation loan interest rate.

(B) The refund anticipation loan interest rate shall be calculated utilizing the guidelines established under the federal Truth in Lending Act, 15 U.S.C. § 1601 et seq., as it existed on January 1, 2009.

(b) If a consumer applies for a refund anticipation check, the facilitator shall disclose to the consumer on a colored-paper form separate from the application in 14-point type face, the following information: (1) The fee for the refund anticipation check, including the fee for tax preparation and other fees charged the consumer; (2) The time within which the proceeds of the refund anticipation check will be paid to the consumer; and (3) The following disclosures: (A) A legend, centered, in bold, capital letters, and in 18-point type stating: "NOTICE"; and (B) The statement: "You are paying [amount of refund anticipation check fee] to get your refund check through [name of issuer of the refund anticipation check]. YOU CAN AVOID THIS FEE AND STILL RECEIVE YOUR REFUND IN THE SAME AMOUNT OF TIME BY HAVING YOUR REFUND DIRECTLY DEPOSITED INTO YOUR BANK ACCOUNT. You can also wait for the Internal Revenue Service to mail you a check.".

(1) The fee for the refund anticipation check, including the fee for tax preparation and other fees charged the consumer;

(2) The time within which the proceeds of the refund anticipation check will be paid to the consumer; and

(3) The following disclosures: (A) A legend, centered, in bold, capital letters, and in 18-point type stating: "NOTICE"; and (B) The statement: "You are paying [amount of refund anticipation check fee] to get your refund check through [name of issuer of the refund anticipation check]. YOU CAN AVOID THIS FEE AND STILL RECEIVE YOUR REFUND IN THE SAME AMOUNT OF TIME BY HAVING YOUR REFUND DIRECTLY DEPOSITED INTO YOUR BANK ACCOUNT. You can also wait for the Internal Revenue Service to mail you a check.".

(A) A legend, centered, in bold, capital letters, and in 18-point type stating: "NOTICE"; and

(B) The statement: "You are paying [amount of refund anticipation check fee] to get your refund check through [name of issuer of the refund anticipation check]. YOU CAN AVOID THIS FEE AND STILL RECEIVE YOUR REFUND IN THE SAME AMOUNT OF TIME BY HAVING YOUR REFUND DIRECTLY DEPOSITED INTO YOUR BANK ACCOUNT. You can also wait for the Internal Revenue Service to mail you a check.".

(c) The facilitator shall provide to the consumer before completing the loan or check transaction in a form that can be kept by the consumer the following: (1) The disclosures required by this section; (2) A copy of the completed loan or check application and agreement; and (3) For refund anticipation loans, the disclosures required by the federal Truth in Lending Act, 15 U.S.C. § 1601 et seq.

(1) The disclosures required by this section;

(2) A copy of the completed loan or check application and agreement; and

(3) For refund anticipation loans, the disclosures required by the federal Truth in Lending Act, 15 U.S.C. § 1601 et seq.

(d) The disclosures required by this section shall be provided in English and in the language used primarily for oral communication between the facilitator and the consumer.

Acts 2009, No. 1402, § 1.
Ark. Code Ann. § 4-111-103 — AR Code / Title 4 / Chapter 111 / Section 4-111-103
Unlawful acts - Exceptions
Status: in_force

(a) A person that is not an authorized user with actual knowledge, with conscious avoidance of actual knowledge or willfully, shall not cause computer software to be copied onto any computer in this state nor use the software to: (1) Modify, through intentionally deceptive means, any of the following settings related to the computer's access to, or use of, the internet: (A) The page which appears when an authorized user launches an internet browser or similar software program used to access and navigate the internet; (B) The default provider or web proxy the authorized user uses to access or search the internet; (C) The authorized user's list of bookmarks used to access web pages; or (D) Settings in computer software or in a text or data file on the computer that are used to resolve a universal resource locator or other location identifier used to access a public or private network; (2) Collect, through intentionally deceptive means, personally identifiable information about the authorized user that: (A) Is collected through the use of a keystroke-logging function that records all keystrokes made by an authorized user who uses the computer and transmits the information from the computer to another person; (B) Includes all or substantially all of the internet addresses visited by an authorized user, other than internet addresses of the provider of the software, if the computer software was installed in an intentionally deceptive manner to conceal from all authorized users of the computer the fact that the software is being installed; (C) Is extracted from a computer hard drive for a purpose wholly unrelated to any of the purposes of the software or service as described to the authorized user; or (D) Is collected by extracting screen shots of an authorized user's use of the computer for a purpose wholly unrelated to any of the purposes of the software or service as described to the authorized user; (3) Prevent without authorization from the authorized user through intentionally deceptive means an authorized user's reasonable efforts to block the installation of or disable software by causing software that the authorized user has properly removed or disabled to automatically reinstall or reactivate on the computer without the authorization of an authorized user; (4) Intentionally misrepresent that software will be uninstalled or disabled by an authorized user's action with knowledge that the software will not be uninstalled or disabled; or (5) Through intentionally deceptive means remove, disable, or render inoperative security, antispyware, or antivirus software installed on the computer. (b) A person who is not an authorized user who with actual knowledge, with conscious avoidance of actual knowledge, or willfully shall not: (1) Cause computer software to be copied onto any computer in this state and use the software to take control of a computer by: (A) Transmitting or relaying without the authorization of an authorized user commercial electronic mail or a computer virus from the consumer's computer; (B) Accessing or using the authorized user's modem or internet service for the purpose of causing: (i) Damage to the authorized user's computer; or (ii) An authorized user to incur financial charges for a service that is not authorized by the authorized user; (C) Using the consumer's computer as part of an activity performed by a group of computers for the purpose of causing damage to another computer, including, but not limited to, launching a denial of service attack; or (D) Opening multiple, sequential, stand-alone advertisements in the authorized user's internet browser without the authorization of an authorized user and with knowledge that a reasonable computer user can not close the advertisements without turning off the computer or closing the authorized user's internet browser; (2) Without authorization obtain the ability to use one (1) or more computers of other end users on a network to send commercial electronic mail, to damage other computers, or to locate other computers vulnerable to an attack without: (A) Notice to or knowledge of the owners of the computers or computer networks; or (B) A prior or existing personal, business, or contractual relationship with the owner or owners of the computer or computer networks; (3) Modify any of the following settings related to the computer's access to, or use of, the internet: (A) An authorized user's security or other settings that protect information about the authorized user for the purpose of stealing personal information of an authorized user; or (B) The security settings of the computer for the purpose of causing damage to one (1) or more computers; (4) Prevent without the authorization of an authorized user an authorized user's reasonable efforts to block the installation of or disable software by presenting the authorized user with an option to decline installation of software with knowledge that when the option is selected by the authorized user the installation nevertheless proceeds; or (5) Intentionally interfere with an authorized user's attempt to uninstall the software by: (A) Leaving behind without authorization on the authorized user's computer for the purpose of evading an authorized user's attempt to remove the software from the computer hidden elements of the software that are designed to and will reinstall the software or portions of the software; (B) Intentionally causing damage to or removing any vital component of the operating system; (C) Falsely representing that software has been disabled; (D) Changing the name, location, or other designation information of the software for the purpose of preventing an authorized user from locating the software to remove it; (E) Using randomized or intentionally deceptive file names, directory folders, formats, or registry entries for the purpose of avoiding detection and removal of the software by an authorized user; (F) Causing the installation of software in a particular computer directory or computer memory for the purpose of evading an authorized user's attempt to remove the software from the computer; (G) Requiring completion of a survey to uninstall software unless reasonably related to the uninstallation; or (H) Requiring without the authority of the owner of the computer that an authorized user obtain a special code or download a special program from a third party to uninstall the software. (c) A person that is not an authorized user, with regard to any computer in this state, shall not: (1) Induce an authorized user to install a software component onto the computer by intentionally misrepresenting that installing software is necessary for security or privacy reasons or in order to open, view, or play a particular type of content or software; or (2) Deceptively cause the copying and execution on the computer of a computer software component with the intent of causing an authorized user to use the component in a way that violates any other provision of this section. (d) No person shall engage in phishing. (e) A person who is not an authorized user who with actual knowledge, with conscious avoidance of actual knowledge, or willfully shall not cause computer software to be copied onto any computer in this state to carry out any of the violations described in subsections (a)-(d) of this section for a purpose wholly unrelated to any of the purposes of the software or service as described to the authorized user if the software is installed in an intentionally deceptive manner that: (1) Exploits a security vulnerability in the computer; or (2) Bundles the software with other software without providing prior notice to the authorized user of the name of the software and that the software will be installed on the computer. (f) Any provision of a consumer contract that permits an intentionally deceptive practice prohibited under this section is not enforceable. (g) This section shall not apply to any monitoring of, or interaction with, a subscriber's internet or other network connection or service or a protected computer in accordance with the relationship or agreement between the owner of the computer or computer system used by the authorized user and a: (1) Telecommunications or internet service provider; (2) Cable internet provider; (3) Computer hardware or software provider; or (4) Provider of information service or interactive computer service for: (A) Network or computer security purposes; (B) Diagnostics; (C) Technical support; (D) Repair; (E) Authorized updates of software or system firmware; (F) Authorized remote system management; (G) Network management or maintenance; or (H) Detection or prevention of the unauthorized use or fraudulent or other illegal activities in connection with a network, service, or computer software, including scanning for and removing software proscribed under this subchapter. (h) Notwithstanding any other provision of this chapter, the provisions of this chapter shall not apply to the installation of: (1) Software that falls within the scope of a grant of authorization by an authorized user; (2) An upgrade to a software program that has already been installed on the computer with the authorization of an authorized user; or (3) Software before the first retail sale and delivery of the computer. Acts 2005, No. 2255, § 1.

(a) A person that is not an authorized user with actual knowledge, with conscious avoidance of actual knowledge or willfully, shall not cause computer software to be copied onto any computer in this state nor use the software to: (1) Modify, through intentionally deceptive means, any of the following settings related to the computer's access to, or use of, the internet: (A) The page which appears when an authorized user launches an internet browser or similar software program used to access and navigate the internet; (B) The default provider or web proxy the authorized user uses to access or search the internet; (C) The authorized user's list of bookmarks used to access web pages; or (D) Settings in computer software or in a text or data file on the computer that are used to resolve a universal resource locator or other location identifier used to access a public or private network; (2) Collect, through intentionally deceptive means, personally identifiable information about the authorized user that: (A) Is collected through the use of a keystroke-logging function that records all keystrokes made by an authorized user who uses the computer and transmits the information from the computer to another person; (B) Includes all or substantially all of the internet addresses visited by an authorized user, other than internet addresses of the provider of the software, if the computer software was installed in an intentionally deceptive manner to conceal from all authorized users of the computer the fact that the software is being installed; (C) Is extracted from a computer hard drive for a purpose wholly unrelated to any of the purposes of the software or service as described to the authorized user; or (D) Is collected by extracting screen shots of an authorized user's use of the computer for a purpose wholly unrelated to any of the purposes of the software or service as described to the authorized user; (3) Prevent without authorization from the authorized user through intentionally deceptive means an authorized user's reasonable efforts to block the installation of or disable software by causing software that the authorized user has properly removed or disabled to automatically reinstall or reactivate on the computer without the authorization of an authorized user; (4) Intentionally misrepresent that software will be uninstalled or disabled by an authorized user's action with knowledge that the software will not be uninstalled or disabled; or (5) Through intentionally deceptive means remove, disable, or render inoperative security, antispyware, or antivirus software installed on the computer.

(1) Modify, through intentionally deceptive means, any of the following settings related to the computer's access to, or use of, the internet: (A) The page which appears when an authorized user launches an internet browser or similar software program used to access and navigate the internet; (B) The default provider or web proxy the authorized user uses to access or search the internet; (C) The authorized user's list of bookmarks used to access web pages; or (D) Settings in computer software or in a text or data file on the computer that are used to resolve a universal resource locator or other location identifier used to access a public or private network;

(A) The page which appears when an authorized user launches an internet browser or similar software program used to access and navigate the internet;

(B) The default provider or web proxy the authorized user uses to access or search the internet;

(C) The authorized user's list of bookmarks used to access web pages; or

(D) Settings in computer software or in a text or data file on the computer that are used to resolve a universal resource locator or other location identifier used to access a public or private network;

(2) Collect, through intentionally deceptive means, personally identifiable information about the authorized user that: (A) Is collected through the use of a keystroke-logging function that records all keystrokes made by an authorized user who uses the computer and transmits the information from the computer to another person; (B) Includes all or substantially all of the internet addresses visited by an authorized user, other than internet addresses of the provider of the software, if the computer software was installed in an intentionally deceptive manner to conceal from all authorized users of the computer the fact that the software is being installed; (C) Is extracted from a computer hard drive for a purpose wholly unrelated to any of the purposes of the software or service as described to the authorized user; or (D) Is collected by extracting screen shots of an authorized user's use of the computer for a purpose wholly unrelated to any of the purposes of the software or service as described to the authorized user;

(A) Is collected through the use of a keystroke-logging function that records all keystrokes made by an authorized user who uses the computer and transmits the information from the computer to another person;

(B) Includes all or substantially all of the internet addresses visited by an authorized user, other than internet addresses of the provider of the software, if the computer software was installed in an intentionally deceptive manner to conceal from all authorized users of the computer the fact that the software is being installed;

(C) Is extracted from a computer hard drive for a purpose wholly unrelated to any of the purposes of the software or service as described to the authorized user; or

(D) Is collected by extracting screen shots of an authorized user's use of the computer for a purpose wholly unrelated to any of the purposes of the software or service as described to the authorized user;

(3) Prevent without authorization from the authorized user through intentionally deceptive means an authorized user's reasonable efforts to block the installation of or disable software by causing software that the authorized user has properly removed or disabled to automatically reinstall or reactivate on the computer without the authorization of an authorized user;

(4) Intentionally misrepresent that software will be uninstalled or disabled by an authorized user's action with knowledge that the software will not be uninstalled or disabled; or

(5) Through intentionally deceptive means remove, disable, or render inoperative security, antispyware, or antivirus software installed on the computer.

(b) A person who is not an authorized user who with actual knowledge, with conscious avoidance of actual knowledge, or willfully shall not: (1) Cause computer software to be copied onto any computer in this state and use the software to take control of a computer by: (A) Transmitting or relaying without the authorization of an authorized user commercial electronic mail or a computer virus from the consumer's computer; (B) Accessing or using the authorized user's modem or internet service for the purpose of causing: (i) Damage to the authorized user's computer; or (ii) An authorized user to incur financial charges for a service that is not authorized by the authorized user; (C) Using the consumer's computer as part of an activity performed by a group of computers for the purpose of causing damage to another computer, including, but not limited to, launching a denial of service attack; or (D) Opening multiple, sequential, stand-alone advertisements in the authorized user's internet browser without the authorization of an authorized user and with knowledge that a reasonable computer user can not close the advertisements without turning off the computer or closing the authorized user's internet browser; (2) Without authorization obtain the ability to use one (1) or more computers of other end users on a network to send commercial electronic mail, to damage other computers, or to locate other computers vulnerable to an attack without: (A) Notice to or knowledge of the owners of the computers or computer networks; or (B) A prior or existing personal, business, or contractual relationship with the owner or owners of the computer or computer networks; (3) Modify any of the following settings related to the computer's access to, or use of, the internet: (A) An authorized user's security or other settings that protect information about the authorized user for the purpose of stealing personal information of an authorized user; or (B) The security settings of the computer for the purpose of causing damage to one (1) or more computers; (4) Prevent without the authorization of an authorized user an authorized user's reasonable efforts to block the installation of or disable software by presenting the authorized user with an option to decline installation of software with knowledge that when the option is selected by the authorized user the installation nevertheless proceeds; or (5) Intentionally interfere with an authorized user's attempt to uninstall the software by: (A) Leaving behind without authorization on the authorized user's computer for the purpose of evading an authorized user's attempt to remove the software from the computer hidden elements of the software that are designed to and will reinstall the software or portions of the software; (B) Intentionally causing damage to or removing any vital component of the operating system; (C) Falsely representing that software has been disabled; (D) Changing the name, location, or other designation information of the software for the purpose of preventing an authorized user from locating the software to remove it; (E) Using randomized or intentionally deceptive file names, directory folders, formats, or registry entries for the purpose of avoiding detection and removal of the software by an authorized user; (F) Causing the installation of software in a particular computer directory or computer memory for the purpose of evading an authorized user's attempt to remove the software from the computer; (G) Requiring completion of a survey to uninstall software unless reasonably related to the uninstallation; or (H) Requiring without the authority of the owner of the computer that an authorized user obtain a special code or download a special program from a third party to uninstall the software.

(1) Cause computer software to be copied onto any computer in this state and use the software to take control of a computer by: (A) Transmitting or relaying without the authorization of an authorized user commercial electronic mail or a computer virus from the consumer's computer; (B) Accessing or using the authorized user's modem or internet service for the purpose of causing: (i) Damage to the authorized user's computer; or (ii) An authorized user to incur financial charges for a service that is not authorized by the authorized user; (C) Using the consumer's computer as part of an activity performed by a group of computers for the purpose of causing damage to another computer, including, but not limited to, launching a denial of service attack; or (D) Opening multiple, sequential, stand-alone advertisements in the authorized user's internet browser without the authorization of an authorized user and with knowledge that a reasonable computer user can not close the advertisements without turning off the computer or closing the authorized user's internet browser;

(A) Transmitting or relaying without the authorization of an authorized user commercial electronic mail or a computer virus from the consumer's computer;

(B) Accessing or using the authorized user's modem or internet service for the purpose of causing: (i) Damage to the authorized user's computer; or (ii) An authorized user to incur financial charges for a service that is not authorized by the authorized user;

(i) Damage to the authorized user's computer; or

(ii) An authorized user to incur financial charges for a service that is not authorized by the authorized user;

(C) Using the consumer's computer as part of an activity performed by a group of computers for the purpose of causing damage to another computer, including, but not limited to, launching a denial of service attack; or

(D) Opening multiple, sequential, stand-alone advertisements in the authorized user's internet browser without the authorization of an authorized user and with knowledge that a reasonable computer user can not close the advertisements without turning off the computer or closing the authorized user's internet browser;

(2) Without authorization obtain the ability to use one (1) or more computers of other end users on a network to send commercial electronic mail, to damage other computers, or to locate other computers vulnerable to an attack without: (A) Notice to or knowledge of the owners of the computers or computer networks; or (B) A prior or existing personal, business, or contractual relationship with the owner or owners of the computer or computer networks;

(A) Notice to or knowledge of the owners of the computers or computer networks; or

(B) A prior or existing personal, business, or contractual relationship with the owner or owners of the computer or computer networks;

(3) Modify any of the following settings related to the computer's access to, or use of, the internet: (A) An authorized user's security or other settings that protect information about the authorized user for the purpose of stealing personal information of an authorized user; or (B) The security settings of the computer for the purpose of causing damage to one (1) or more computers;

(A) An authorized user's security or other settings that protect information about the authorized user for the purpose of stealing personal information of an authorized user; or

(B) The security settings of the computer for the purpose of causing damage to one (1) or more computers;

(4) Prevent without the authorization of an authorized user an authorized user's reasonable efforts to block the installation of or disable software by presenting the authorized user with an option to decline installation of software with knowledge that when the option is selected by the authorized user the installation nevertheless proceeds; or

(5) Intentionally interfere with an authorized user's attempt to uninstall the software by: (A) Leaving behind without authorization on the authorized user's computer for the purpose of evading an authorized user's attempt to remove the software from the computer hidden elements of the software that are designed to and will reinstall the software or portions of the software; (B) Intentionally causing damage to or removing any vital component of the operating system; (C) Falsely representing that software has been disabled; (D) Changing the name, location, or other designation information of the software for the purpose of preventing an authorized user from locating the software to remove it; (E) Using randomized or intentionally deceptive file names, directory folders, formats, or registry entries for the purpose of avoiding detection and removal of the software by an authorized user; (F) Causing the installation of software in a particular computer directory or computer memory for the purpose of evading an authorized user's attempt to remove the software from the computer; (G) Requiring completion of a survey to uninstall software unless reasonably related to the uninstallation; or (H) Requiring without the authority of the owner of the computer that an authorized user obtain a special code or download a special program from a third party to uninstall the software.

(A) Leaving behind without authorization on the authorized user's computer for the purpose of evading an authorized user's attempt to remove the software from the computer hidden elements of the software that are designed to and will reinstall the software or portions of the software;

(B) Intentionally causing damage to or removing any vital component of the operating system;

(C) Falsely representing that software has been disabled;

(D) Changing the name, location, or other designation information of the software for the purpose of preventing an authorized user from locating the software to remove it;

(E) Using randomized or intentionally deceptive file names, directory folders, formats, or registry entries for the purpose of avoiding detection and removal of the software by an authorized user;

(F) Causing the installation of software in a particular computer directory or computer memory for the purpose of evading an authorized user's attempt to remove the software from the computer;

(G) Requiring completion of a survey to uninstall software unless reasonably related to the uninstallation; or

(H) Requiring without the authority of the owner of the computer that an authorized user obtain a special code or download a special program from a third party to uninstall the software.

(c) A person that is not an authorized user, with regard to any computer in this state, shall not: (1) Induce an authorized user to install a software component onto the computer by intentionally misrepresenting that installing software is necessary for security or privacy reasons or in order to open, view, or play a particular type of content or software; or (2) Deceptively cause the copying and execution on the computer of a computer software component with the intent of causing an authorized user to use the component in a way that violates any other provision of this section.

(1) Induce an authorized user to install a software component onto the computer by intentionally misrepresenting that installing software is necessary for security or privacy reasons or in order to open, view, or play a particular type of content or software; or

(2) Deceptively cause the copying and execution on the computer of a computer software component with the intent of causing an authorized user to use the component in a way that violates any other provision of this section.

(d) No person shall engage in phishing.

(e) A person who is not an authorized user who with actual knowledge, with conscious avoidance of actual knowledge, or willfully shall not cause computer software to be copied onto any computer in this state to carry out any of the violations described in subsections (a)-(d) of this section for a purpose wholly unrelated to any of the purposes of the software or service as described to the authorized user if the software is installed in an intentionally deceptive manner that: (1) Exploits a security vulnerability in the computer; or (2) Bundles the software with other software without providing prior notice to the authorized user of the name of the software and that the software will be installed on the computer.

(1) Exploits a security vulnerability in the computer; or

(2) Bundles the software with other software without providing prior notice to the authorized user of the name of the software and that the software will be installed on the computer.

(f) Any provision of a consumer contract that permits an intentionally deceptive practice prohibited under this section is not enforceable.

(g) This section shall not apply to any monitoring of, or interaction with, a subscriber's internet or other network connection or service or a protected computer in accordance with the relationship or agreement between the owner of the computer or computer system used by the authorized user and a: (1) Telecommunications or internet service provider; (2) Cable internet provider; (3) Computer hardware or software provider; or (4) Provider of information service or interactive computer service for: (A) Network or computer security purposes; (B) Diagnostics; (C) Technical support; (D) Repair; (E) Authorized updates of software or system firmware; (F) Authorized remote system management; (G) Network management or maintenance; or (H) Detection or prevention of the unauthorized use or fraudulent or other illegal activities in connection with a network, service, or computer software, including scanning for and removing software proscribed under this subchapter.

(1) Telecommunications or internet service provider;

(2) Cable internet provider;

(3) Computer hardware or software provider; or

(4) Provider of information service or interactive computer service for: (A) Network or computer security purposes; (B) Diagnostics; (C) Technical support; (D) Repair; (E) Authorized updates of software or system firmware; (F) Authorized remote system management; (G) Network management or maintenance; or (H) Detection or prevention of the unauthorized use or fraudulent or other illegal activities in connection with a network, service, or computer software, including scanning for and removing software proscribed under this subchapter.

(A) Network or computer security purposes;

(B) Diagnostics;

(C) Technical support;

(D) Repair;

(E) Authorized updates of software or system firmware;

(F) Authorized remote system management;

(G) Network management or maintenance; or

(H) Detection or prevention of the unauthorized use or fraudulent or other illegal activities in connection with a network, service, or computer software, including scanning for and removing software proscribed under this subchapter.

(h) Notwithstanding any other provision of this chapter, the provisions of this chapter shall not apply to the installation of: (1) Software that falls within the scope of a grant of authorization by an authorized user; (2) An upgrade to a software program that has already been installed on the computer with the authorization of an authorized user; or (3) Software before the first retail sale and delivery of the computer.

(1) Software that falls within the scope of a grant of authorization by an authorized user;

(2) An upgrade to a software program that has already been installed on the computer with the authorization of an authorized user; or

(3) Software before the first retail sale and delivery of the computer.

Acts 2005, No. 2255, § 1.
Ark. Code Ann. § 4-26-904 — AR Code / Title 4 / Chapter 26 / Subchapter 9 / Section 4-26-904
Sale or exchange of assets - Rights of dissenting shareholders
Status: in_force

(a) In the event that a sale or exchange prior to dissolution of all or substantially all of the property and assets of a corporation otherwise than in the usual and regular course of its business is authorized by a vote of the shareholders of the corporation, any shareholder who shall have filed with the corporation a written objection thereto, prior to or at the meeting of shareholders at which the sale or exchange is authorized, and who shall not have voted in favor thereof may, within ten (10) days after the date on which the vote was taken, make written demand on the corporation for the payment to him or her of the fair value of his or her shares as of the day prior to the date on which the vote was taken. (b) If the sale or exchange is effected, the corporation shall pay to such shareholder upon surrender of his or her certificate or certificates representing such shares the fair value thereof. (c) The demand shall state the number and class of the shares owned by any dissenting shareholder. (d) Any shareholder failing to make demand within the ten-day period shall be bound by the terms of the sale or exchange. (e) Within ten (10) days after the sale or exchange is effected, the corporation shall give notice to each dissenting shareholder who has made demand as herein provided for the payment of the fair value of his or her shares. (f) (1) If within thirty (30) days after the date on which the sale or exchange was effected the value of the shares is agreed upon between the dissenting shareholder and the corporation, payment shall be made within ninety (90) days after the date on which the sale or exchange was effected upon the surrender of his or her certificate or certificates representing the shares. Upon payment of the agreed value, the dissenting shareholder shall cease to have any interest in the shares or in the corporation. (2) (A) If within such period of thirty (30) days the shareholder and the corporation do not so agree, then the dissenting shareholder, within sixty (60) days after the expiration of the thirty-day period, may file a petition in the circuit court of the county in which the registered office of the corporation is located asking for a finding and determination of the fair value of the shares and shall be entitled to judgment against the corporation for the amount of the fair value as of the day prior to the date on which the vote was taken approving the sale or exchange, together with interest thereon to the date of the judgment. (B) The judgment shall be payable only upon and simultaneously with the surrender to the corporation of the certificate or certificates representing the shares. (C) Upon payment of the judgment, the dissenting shareholder shall cease to have any interest in the shares or in the corporation. (D) Unless the dissenting shareholder shall file a petition within the time herein limited, such shareholder and all persons claiming under him or her shall be bound by the terms of the sale or exchange. (g) The right of a dissenting shareholder to be paid the fair value of his or her shares as provided herein shall cease if and when the corporation abandons the sale or exchange or the shareholders revoke the authority to make the sale or exchange. (h) Shares acquired by the corporation pursuant to the payment of the agreed value thereof or to payment of the judgment entered therefor, as in this section provided, may be held and disposed of by the corporation as in the case of other treasury shares. Acts 1965, No. 576, § 81; A.S.A. 1947, § 64-804.

(a) In the event that a sale or exchange prior to dissolution of all or substantially all of the property and assets of a corporation otherwise than in the usual and regular course of its business is authorized by a vote of the shareholders of the corporation, any shareholder who shall have filed with the corporation a written objection thereto, prior to or at the meeting of shareholders at which the sale or exchange is authorized, and who shall not have voted in favor thereof may, within ten (10) days after the date on which the vote was taken, make written demand on the corporation for the payment to him or her of the fair value of his or her shares as of the day prior to the date on which the vote was taken.

(b) If the sale or exchange is effected, the corporation shall pay to such shareholder upon surrender of his or her certificate or certificates representing such shares the fair value thereof.

(c) The demand shall state the number and class of the shares owned by any dissenting shareholder.

(d) Any shareholder failing to make demand within the ten-day period shall be bound by the terms of the sale or exchange.

(e) Within ten (10) days after the sale or exchange is effected, the corporation shall give notice to each dissenting shareholder who has made demand as herein provided for the payment of the fair value of his or her shares.

(f) (1) If within thirty (30) days after the date on which the sale or exchange was effected the value of the shares is agreed upon between the dissenting shareholder and the corporation, payment shall be made within ninety (90) days after the date on which the sale or exchange was effected upon the surrender of his or her certificate or certificates representing the shares. Upon payment of the agreed value, the dissenting shareholder shall cease to have any interest in the shares or in the corporation. (2) (A) If within such period of thirty (30) days the shareholder and the corporation do not so agree, then the dissenting shareholder, within sixty (60) days after the expiration of the thirty-day period, may file a petition in the circuit court of the county in which the registered office of the corporation is located asking for a finding and determination of the fair value of the shares and shall be entitled to judgment against the corporation for the amount of the fair value as of the day prior to the date on which the vote was taken approving the sale or exchange, together with interest thereon to the date of the judgment. (B) The judgment shall be payable only upon and simultaneously with the surrender to the corporation of the certificate or certificates representing the shares. (C) Upon payment of the judgment, the dissenting shareholder shall cease to have any interest in the shares or in the corporation. (D) Unless the dissenting shareholder shall file a petition within the time herein limited, such shareholder and all persons claiming under him or her shall be bound by the terms of the sale or exchange.

(1) If within thirty (30) days after the date on which the sale or exchange was effected the value of the shares is agreed upon between the dissenting shareholder and the corporation, payment shall be made within ninety (90) days after the date on which the sale or exchange was effected upon the surrender of his or her certificate or certificates representing the shares. Upon payment of the agreed value, the dissenting shareholder shall cease to have any interest in the shares or in the corporation.

(2) (A) If within such period of thirty (30) days the shareholder and the corporation do not so agree, then the dissenting shareholder, within sixty (60) days after the expiration of the thirty-day period, may file a petition in the circuit court of the county in which the registered office of the corporation is located asking for a finding and determination of the fair value of the shares and shall be entitled to judgment against the corporation for the amount of the fair value as of the day prior to the date on which the vote was taken approving the sale or exchange, together with interest thereon to the date of the judgment. (B) The judgment shall be payable only upon and simultaneously with the surrender to the corporation of the certificate or certificates representing the shares. (C) Upon payment of the judgment, the dissenting shareholder shall cease to have any interest in the shares or in the corporation. (D) Unless the dissenting shareholder shall file a petition within the time herein limited, such shareholder and all persons claiming under him or her shall be bound by the terms of the sale or exchange.

(A) If within such period of thirty (30) days the shareholder and the corporation do not so agree, then the dissenting shareholder, within sixty (60) days after the expiration of the thirty-day period, may file a petition in the circuit court of the county in which the registered office of the corporation is located asking for a finding and determination of the fair value of the shares and shall be entitled to judgment against the corporation for the amount of the fair value as of the day prior to the date on which the vote was taken approving the sale or exchange, together with interest thereon to the date of the judgment.

(B) The judgment shall be payable only upon and simultaneously with the surrender to the corporation of the certificate or certificates representing the shares.

(C) Upon payment of the judgment, the dissenting shareholder shall cease to have any interest in the shares or in the corporation.

(D) Unless the dissenting shareholder shall file a petition within the time herein limited, such shareholder and all persons claiming under him or her shall be bound by the terms of the sale or exchange.

(g) The right of a dissenting shareholder to be paid the fair value of his or her shares as provided herein shall cease if and when the corporation abandons the sale or exchange or the shareholders revoke the authority to make the sale or exchange.

(h) Shares acquired by the corporation pursuant to the payment of the agreed value thereof or to payment of the judgment entered therefor, as in this section provided, may be held and disposed of by the corporation as in the case of other treasury shares.

Acts 1965, No. 576, § 81; A.S.A. 1947, § 64-804.
Ark. Code Ann. § 4-111-102 — AR Code / Title 4 / Chapter 111 / Section 4-111-102
Definitions
Status: in_force

As used in this chapter: (1) "Advertisement" means a communication, the primary purpose of which is the commercial promotion of a commercial product or service, including content on an internet website operated for a commercial purpose; (2) "Authorized user", with respect to a computer, means a person that owns or is authorized by the owner or lessee to use the computer; (3) "Bundled software" means software that is acquired through the installation of a large number of separate programs in a single installation when the programs are wholly unrelated to the purpose of the installation as described to the authorized user; (4) (A) "Cause to be copied" means to distribute or transfer computer software or any component of computer software. (B) "Cause to be copied" does not include providing: (i) Transmission, routing, intermediate temporary storage, or caching of software; (ii) A compact disk, website, computer server, or other storage medium through which the software was distributed by a third party; or (iii) A directory, index, reference, pointer, hypertext link, or other information location tool through which the user of the computer located the software; (5) "Computer software" means a sequence of instructions written in any programming language that is executed on a computer but does not include a text or data file, including a cookie; (6) "Computer virus" means a computer program or other set of instructions that is designed to do the following acts without the authorization of the owner or owners of a computer or computer network: (A) Degrade the performance of or disable a computer or computer network; and (B) Have the ability to replicate itself on another computer or computer network; (7) "Damage" means any significant impairment to the integrity, confidentiality, or availability of data, software, a system, or information, including, but not limited to, the: (A) Significant and intentional degradation of the performance of a computer or a computer network; or (B) Intentional disabling of a computer or computer network; (8) "Distributed denial of service" or "DDoS attack" means techniques or actions involving the use of one (1) or more damaged computers to damage another computer or a targeted computer system in order to shut the computer or computer system down and deny the service of the damaged computer or computer system to legitimate users; (9) "Execute", when used with respect to computer software, means the performance of the functions or the carrying out of the instructions of the computer software; (10) "Hardware" means a comprehensive term for all of the discrete physical parts of a computer as distinguished from: (A) The data the computer contains or that enables it to operate; and (B) The software that provides instructions for the hardware to accomplish tasks; (11) "Intentionally deceptive" means with the intent to deceive an authorized user in order to either damage a computer or computer system or wrongfully obtain personally identifiable information without authority: (A) To make an intentional and materially false or fraudulent statement; (B) To make a statement or description that intentionally omits or misrepresents material information; or (C) An intentional and material failure to provide any notice to an authorized user regarding the download or installation of software; (12) "Internet" means: (A) The international computer network of both federal and nonfederal interoperable packet switched data networks; or (B) The global information system that: (i) Is logically linked together by a globally unique address space based on the Internet Protocol (IP) or its subsequent extensions; (ii) Is able to support communications using the Transmission Control Protocol/Internet Protocol (TCP/IP) suite, its subsequent extensions, or other IP-compatible protocols; and (iii) Provides, uses, or makes accessible, either publicly or privately, high-level services layered on the communications and related infrastructure described in this subdivision (12); (13) "Internet address" means a specific location on the internet accessible through a universal resource locator or internet protocol address; (14) "Person" means one (1) or more individuals, partnerships, corporations, limited liability companies, or other organizations; (15) "Personally identifiable information" means any of the following if it allows the entity holding the information to identify an authorized user by: (A) First name or first initial in combination with last name; (B) Credit or debit card numbers or other financial account numbers; (C) A password or personal identification number or other identification required to access an identified account other than a password, personal identification number, or other identification transmitted by an authorized user to the issuer of the account or its agent; (D) A Social Security number; or (E) Any of the following information in a form that personally identifies an authorized user: (i) Account balances; (ii) Overdraft history; (iii) Payment history; (iv) A history of websites visited; (v) Home address; (vi) Work address; or (vii) A record of a purchase or purchases; and (16) "Phishing" means the use of electronic mail or other means to imitate a legitimate company or business in order to entice the user into divulging passwords, credit card numbers, or other sensitive information for the purpose of committing theft or fraud. Acts 2005, No. 2255, § 1.

As used in this chapter:

(1) "Advertisement" means a communication, the primary purpose of which is the commercial promotion of a commercial product or service, including content on an internet website operated for a commercial purpose;

(2) "Authorized user", with respect to a computer, means a person that owns or is authorized by the owner or lessee to use the computer;

(3) "Bundled software" means software that is acquired through the installation of a large number of separate programs in a single installation when the programs are wholly unrelated to the purpose of the installation as described to the authorized user;

(4) (A) "Cause to be copied" means to distribute or transfer computer software or any component of computer software. (B) "Cause to be copied" does not include providing: (i) Transmission, routing, intermediate temporary storage, or caching of software; (ii) A compact disk, website, computer server, or other storage medium through which the software was distributed by a third party; or (iii) A directory, index, reference, pointer, hypertext link, or other information location tool through which the user of the computer located the software;

(A) "Cause to be copied" means to distribute or transfer computer software or any component of computer software.

(B) "Cause to be copied" does not include providing: (i) Transmission, routing, intermediate temporary storage, or caching of software; (ii) A compact disk, website, computer server, or other storage medium through which the software was distributed by a third party; or (iii) A directory, index, reference, pointer, hypertext link, or other information location tool through which the user of the computer located the software;

(i) Transmission, routing, intermediate temporary storage, or caching of software;

(ii) A compact disk, website, computer server, or other storage medium through which the software was distributed by a third party; or

(iii) A directory, index, reference, pointer, hypertext link, or other information location tool through which the user of the computer located the software;

(5) "Computer software" means a sequence of instructions written in any programming language that is executed on a computer but does not include a text or data file, including a cookie;

(6) "Computer virus" means a computer program or other set of instructions that is designed to do the following acts without the authorization of the owner or owners of a computer or computer network: (A) Degrade the performance of or disable a computer or computer network; and (B) Have the ability to replicate itself on another computer or computer network;

(A) Degrade the performance of or disable a computer or computer network; and

(B) Have the ability to replicate itself on another computer or computer network;

(7) "Damage" means any significant impairment to the integrity, confidentiality, or availability of data, software, a system, or information, including, but not limited to, the: (A) Significant and intentional degradation of the performance of a computer or a computer network; or (B) Intentional disabling of a computer or computer network;

(A) Significant and intentional degradation of the performance of a computer or a computer network; or

(B) Intentional disabling of a computer or computer network;

(8) "Distributed denial of service" or "DDoS attack" means techniques or actions involving the use of one (1) or more damaged computers to damage another computer or a targeted computer system in order to shut the computer or computer system down and deny the service of the damaged computer or computer system to legitimate users;

(9) "Execute", when used with respect to computer software, means the performance of the functions or the carrying out of the instructions of the computer software;

(10) "Hardware" means a comprehensive term for all of the discrete physical parts of a computer as distinguished from: (A) The data the computer contains or that enables it to operate; and (B) The software that provides instructions for the hardware to accomplish tasks;

(A) The data the computer contains or that enables it to operate; and

(B) The software that provides instructions for the hardware to accomplish tasks;

(11) "Intentionally deceptive" means with the intent to deceive an authorized user in order to either damage a computer or computer system or wrongfully obtain personally identifiable information without authority: (A) To make an intentional and materially false or fraudulent statement; (B) To make a statement or description that intentionally omits or misrepresents material information; or (C) An intentional and material failure to provide any notice to an authorized user regarding the download or installation of software;

(A) To make an intentional and materially false or fraudulent statement;

(B) To make a statement or description that intentionally omits or misrepresents material information; or

(C) An intentional and material failure to provide any notice to an authorized user regarding the download or installation of software;

(12) "Internet" means: (A) The international computer network of both federal and nonfederal interoperable packet switched data networks; or (B) The global information system that: (i) Is logically linked together by a globally unique address space based on the Internet Protocol (IP) or its subsequent extensions; (ii) Is able to support communications using the Transmission Control Protocol/Internet Protocol (TCP/IP) suite, its subsequent extensions, or other IP-compatible protocols; and (iii) Provides, uses, or makes accessible, either publicly or privately, high-level services layered on the communications and related infrastructure described in this subdivision (12);

(A) The international computer network of both federal and nonfederal interoperable packet switched data networks; or

(B) The global information system that: (i) Is logically linked together by a globally unique address space based on the Internet Protocol (IP) or its subsequent extensions; (ii) Is able to support communications using the Transmission Control Protocol/Internet Protocol (TCP/IP) suite, its subsequent extensions, or other IP-compatible protocols; and (iii) Provides, uses, or makes accessible, either publicly or privately, high-level services layered on the communications and related infrastructure described in this subdivision (12);

(i) Is logically linked together by a globally unique address space based on the Internet Protocol (IP) or its subsequent extensions;

(ii) Is able to support communications using the Transmission Control Protocol/Internet Protocol (TCP/IP) suite, its subsequent extensions, or other IP-compatible protocols; and

(iii) Provides, uses, or makes accessible, either publicly or privately, high-level services layered on the communications and related infrastructure described in this subdivision (12);

(13) "Internet address" means a specific location on the internet accessible through a universal resource locator or internet protocol address;

(14) "Person" means one (1) or more individuals, partnerships, corporations, limited liability companies, or other organizations;

(15) "Personally identifiable information" means any of the following if it allows the entity holding the information to identify an authorized user by: (A) First name or first initial in combination with last name; (B) Credit or debit card numbers or other financial account numbers; (C) A password or personal identification number or other identification required to access an identified account other than a password, personal identification number, or other identification transmitted by an authorized user to the issuer of the account or its agent; (D) A Social Security number; or (E) Any of the following information in a form that personally identifies an authorized user: (i) Account balances; (ii) Overdraft history; (iii) Payment history; (iv) A history of websites visited; (v) Home address; (vi) Work address; or (vii) A record of a purchase or purchases; and

(A) First name or first initial in combination with last name;

(B) Credit or debit card numbers or other financial account numbers;

(C) A password or personal identification number or other identification required to access an identified account other than a password, personal identification number, or other identification transmitted by an authorized user to the issuer of the account or its agent;

(D) A Social Security number; or

(E) Any of the following information in a form that personally identifies an authorized user: (i) Account balances; (ii) Overdraft history; (iii) Payment history; (iv) A history of websites visited; (v) Home address; (vi) Work address; or (vii) A record of a purchase or purchases; and

(i) Account balances;

(ii) Overdraft history;

(iii) Payment history;

(iv) A history of websites visited;

(v) Home address;

(vi) Work address; or

(vii) A record of a purchase or purchases; and

(16) "Phishing" means the use of electronic mail or other means to imitate a legitimate company or business in order to entice the user into divulging passwords, credit card numbers, or other sensitive information for the purpose of committing theft or fraud.

Acts 2005, No. 2255, § 1.
Ark. Code Ann. § 4-46-904 — AR Code / Title 4 / Chapter 46 / Subchapter 9 / Section 4-46-904
Filings required for conversion - Effective date
Status: in_force

(a) (1) After a plan of conversion is approved a converting partnership shall file articles of conversion with the Secretary of State. (2) The articles of conversion shall include: (A) A statement that the partnership has been converted into another organization; (B) The name and form of the converted organization and the jurisdiction of its governing statute; (C) The date the conversion is effective under the governing statute of the converted organization; (D) A statement that the conversion was approved as required by this subchapter; (E) A statement that the conversion was approved as required by the governing statute of the converted organization; (F) A statement confirming that the converted organization has filed a statement appointing an agent for service of process under § 4-20-112 if the converted organization is a foreign organization not authorized to transact business in this state; and (G) (i) A copy of the plan of conversion; or (ii) A statement that: (a) Contains the address of an office of the organization where the plan of conversion is on file; and (b) A copy of the plan of conversion will be furnished by the converting partnership on request and without cost to any partner of the converting partnership. (b) (1) If the converting organization is not a converting partnership, the converting organization shall file a statement of qualification with the Secretary of State. (2) The statement of qualification shall include, in addition to the information required by § 4-46-1001 : (A) A statement that the partnership was converted from another organization; (B) The name and form of the converting organization and the jurisdiction of its governing statute; and (C) A statement that the conversion was approved in a manner that complied with the converting organization's governing statute. (c) A conversion becomes effective: (1) If the converted organization is a partnership, when the articles of conversion indicate that the conversion takes effect; and (2) If the converted organization is not a partnership, as provided by the governing statute of the converted organization. Acts 2009, No. 408, § 6.

(a) (1) After a plan of conversion is approved a converting partnership shall file articles of conversion with the Secretary of State. (2) The articles of conversion shall include: (A) A statement that the partnership has been converted into another organization; (B) The name and form of the converted organization and the jurisdiction of its governing statute; (C) The date the conversion is effective under the governing statute of the converted organization; (D) A statement that the conversion was approved as required by this subchapter; (E) A statement that the conversion was approved as required by the governing statute of the converted organization; (F) A statement confirming that the converted organization has filed a statement appointing an agent for service of process under § 4-20-112 if the converted organization is a foreign organization not authorized to transact business in this state; and (G) (i) A copy of the plan of conversion; or (ii) A statement that: (a) Contains the address of an office of the organization where the plan of conversion is on file; and (b) A copy of the plan of conversion will be furnished by the converting partnership on request and without cost to any partner of the converting partnership.

(1) After a plan of conversion is approved a converting partnership shall file articles of conversion with the Secretary of State.

(2) The articles of conversion shall include: (A) A statement that the partnership has been converted into another organization; (B) The name and form of the converted organization and the jurisdiction of its governing statute; (C) The date the conversion is effective under the governing statute of the converted organization; (D) A statement that the conversion was approved as required by this subchapter; (E) A statement that the conversion was approved as required by the governing statute of the converted organization; (F) A statement confirming that the converted organization has filed a statement appointing an agent for service of process under § 4-20-112 if the converted organization is a foreign organization not authorized to transact business in this state; and (G) (i) A copy of the plan of conversion; or (ii) A statement that: (a) Contains the address of an office of the organization where the plan of conversion is on file; and (b) A copy of the plan of conversion will be furnished by the converting partnership on request and without cost to any partner of the converting partnership.

(A) A statement that the partnership has been converted into another organization;

(B) The name and form of the converted organization and the jurisdiction of its governing statute;

(C) The date the conversion is effective under the governing statute of the converted organization;

(D) A statement that the conversion was approved as required by this subchapter;

(E) A statement that the conversion was approved as required by the governing statute of the converted organization;

(F) A statement confirming that the converted organization has filed a statement appointing an agent for service of process under § 4-20-112 if the converted organization is a foreign organization not authorized to transact business in this state; and

(G) (i) A copy of the plan of conversion; or (ii) A statement that: (a) Contains the address of an office of the organization where the plan of conversion is on file; and (b) A copy of the plan of conversion will be furnished by the converting partnership on request and without cost to any partner of the converting partnership.

(i) A copy of the plan of conversion; or

(ii) A statement that: (a) Contains the address of an office of the organization where the plan of conversion is on file; and (b) A copy of the plan of conversion will be furnished by the converting partnership on request and without cost to any partner of the converting partnership.

(a) Contains the address of an office of the organization where the plan of conversion is on file; and

(b) A copy of the plan of conversion will be furnished by the converting partnership on request and without cost to any partner of the converting partnership.

(b) (1) If the converting organization is not a converting partnership, the converting organization shall file a statement of qualification with the Secretary of State. (2) The statement of qualification shall include, in addition to the information required by § 4-46-1001 : (A) A statement that the partnership was converted from another organization; (B) The name and form of the converting organization and the jurisdiction of its governing statute; and (C) A statement that the conversion was approved in a manner that complied with the converting organization's governing statute.

(1) If the converting organization is not a converting partnership, the converting organization shall file a statement of qualification with the Secretary of State.

(2) The statement of qualification shall include, in addition to the information required by § 4-46-1001 : (A) A statement that the partnership was converted from another organization; (B) The name and form of the converting organization and the jurisdiction of its governing statute; and (C) A statement that the conversion was approved in a manner that complied with the converting organization's governing statute.

(A) A statement that the partnership was converted from another organization;

(B) The name and form of the converting organization and the jurisdiction of its governing statute; and

(C) A statement that the conversion was approved in a manner that complied with the converting organization's governing statute.

(c) A conversion becomes effective: (1) If the converted organization is a partnership, when the articles of conversion indicate that the conversion takes effect; and (2) If the converted organization is not a partnership, as provided by the governing statute of the converted organization.

(1) If the converted organization is a partnership, when the articles of conversion indicate that the conversion takes effect; and

(2) If the converted organization is not a partnership, as provided by the governing statute of the converted organization.

Acts 2009, No. 408, § 6.
Ark. Code Ann. § 4-26-1104 — AR Code / Title 4 / Chapter 26 / Subchapter 11 / Section 4-26-1104
Corporate action and remedies after dissolution
Status: in_force

(a) A dissolved corporation, its directors, officers, and shareholders, may continue to function for the sole purpose of winding up the affairs of the corporation in the same manner as if the dissolution had not taken place. For this limited purpose, the existence of the corporation as a legal entity shall be preserved indefinitely without franchise tax liability. (b) In particular, and without limiting the generality of the foregoing: (1) The directors of a dissolved corporation shall not be deemed to be trustees of its assets; title to the assets shall not vest in them or in the shareholders but shall remain in the corporation until transferred by it in its corporate name; (2) Dissolution shall not change quorum or voting requirements of the board or shareholders or provisions regarding election, appointment, resignation, removal of, or filling vacancies among directors or officers or provisions regarding amendment or repeal of bylaws or adoption of new bylaws. In other words, subject to the limitation that the activities of the corporation shall be restricted to winding up its affairs, all of the predissolution powers and procedures shall be preserved indefinitely; (3) Shares of the corporation may be transferred; (4) The corporation may sue or be sued in its corporate name in all courts and participate in actions and proceedings, whether judicial, administrative, or otherwise, in its corporate name. Process may be served upon it or upon its behalf in the same manner as if there had been no dissolution; (5) The dissolution of a corporation shall not affect any remedy available to or against the corporation, its directors, officers, or shareholders, for any right or claim existing or any liability which is incurred before the dissolution except as provided in § 4-26-1105 (notice to creditors) or § 4-26-1106 (jurisdiction of court to supervise liquidation). Acts 1965, No. 576, § 86; A.S.A. 1947, § 64-904.

(a) A dissolved corporation, its directors, officers, and shareholders, may continue to function for the sole purpose of winding up the affairs of the corporation in the same manner as if the dissolution had not taken place. For this limited purpose, the existence of the corporation as a legal entity shall be preserved indefinitely without franchise tax liability.

(b) In particular, and without limiting the generality of the foregoing: (1) The directors of a dissolved corporation shall not be deemed to be trustees of its assets; title to the assets shall not vest in them or in the shareholders but shall remain in the corporation until transferred by it in its corporate name; (2) Dissolution shall not change quorum or voting requirements of the board or shareholders or provisions regarding election, appointment, resignation, removal of, or filling vacancies among directors or officers or provisions regarding amendment or repeal of bylaws or adoption of new bylaws. In other words, subject to the limitation that the activities of the corporation shall be restricted to winding up its affairs, all of the predissolution powers and procedures shall be preserved indefinitely; (3) Shares of the corporation may be transferred; (4) The corporation may sue or be sued in its corporate name in all courts and participate in actions and proceedings, whether judicial, administrative, or otherwise, in its corporate name. Process may be served upon it or upon its behalf in the same manner as if there had been no dissolution; (5) The dissolution of a corporation shall not affect any remedy available to or against the corporation, its directors, officers, or shareholders, for any right or claim existing or any liability which is incurred before the dissolution except as provided in § 4-26-1105 (notice to creditors) or § 4-26-1106 (jurisdiction of court to supervise liquidation).

(1) The directors of a dissolved corporation shall not be deemed to be trustees of its assets; title to the assets shall not vest in them or in the shareholders but shall remain in the corporation until transferred by it in its corporate name;

(2) Dissolution shall not change quorum or voting requirements of the board or shareholders or provisions regarding election, appointment, resignation, removal of, or filling vacancies among directors or officers or provisions regarding amendment or repeal of bylaws or adoption of new bylaws. In other words, subject to the limitation that the activities of the corporation shall be restricted to winding up its affairs, all of the predissolution powers and procedures shall be preserved indefinitely;

(3) Shares of the corporation may be transferred;

(4) The corporation may sue or be sued in its corporate name in all courts and participate in actions and proceedings, whether judicial, administrative, or otherwise, in its corporate name. Process may be served upon it or upon its behalf in the same manner as if there had been no dissolution;

(5) The dissolution of a corporation shall not affect any remedy available to or against the corporation, its directors, officers, or shareholders, for any right or claim existing or any liability which is incurred before the dissolution except as provided in § 4-26-1105 (notice to creditors) or § 4-26-1106 (jurisdiction of court to supervise liquidation).

Acts 1965, No. 576, § 86; A.S.A. 1947, § 64-904.
Ark. Code Ann. § 4-75-1110 — AR Code / Title 4 / Chapter 75 / Subchapter 11 / Section 4-75-1110
Exempt use - Commercial use
Status: in_force

(a) (1) It is not a violation of this subchapter if the name, voice, signature, photograph, or likeness of an individual is used: (A) In connection with a news, public affairs, or sports broadcast, including the promotion of and advertising for a sports broadcast, an account of public interest, or a political campaign; (B) In: (i) A play, book, magazine, newspaper, musical composition, visual work, work of art, audiovisual work, radio or television program if it is fictional or nonfictional entertainment, or a dramatic, literary, or musical work; (ii) A work of political, public interest, or newsworthy value, including a comment, criticism, parody, satire, or a transformative creation of a work of authorship; or (iii) An advertisement or commercial announcement for any of the works described in subdivision (a)(1)(A) of this section or this subdivision (a)(1)(B); (C) In a photograph or likeness where the individual appears as a member of the public, an attendee of a photographed event, or in a public place, and the individual is not named; (D) By an institution of higher education or by a nonprofit organization, club, or supporting foundation that is authorized by the institution of higher education and established solely to advance the purposes of the institution of higher education if: (i) The use is for educational purposes or to promote the institution of higher education and its educational, athletic, or other institutional objectives; and (ii) The individual is or was affiliated with the institution, including without limitation as a: (a) Student or member of the faculty or staff; (b) Donor or campus visitor; or (c) Contractor, subcontractor, or employee; (E) By any person practicing the profession of photography or his or her representative: (i) To exhibit and display photographs in a personal portfolio through physical media or digital media unless the exhibit and display are continued by the person practicing the profession of photography after written notice objecting to the exhibit and display has been given by the individual or by his or her representative; (ii) To distribute photographs for license and sale or other transfer to third parties or to promote or advertise such activities; and (iii) To provide yearbooks to an educational institution or photographs for school publications; or (F) By a service provider of a system or network if the service provider: (i) Does not have actual knowledge that a photograph or likeness on the system or network is in violation of this subchapter; or (ii) In the absence of such actual knowledge, is not aware of facts or circumstances from which a violation of this subchapter is apparent. (2) The use of the name, voice, signature, photograph, or likeness of the individual within a work that is protected under subdivision (a)(1)(B) of this section is not an exempt use protected by subdivision (a)(1) of this section if the claimant proves that the use is so directly connected with a product, article of merchandise, good, or service other than the work itself as to constitute an act of advertising, selling, or soliciting purchases of the product, article of merchandise, good, or service by the individual without the prior consent required by this subchapter. (b) (1) The commercial use of the name, voice, signature, photograph, or likeness of the individual in a commercial medium does not constitute a commercial use for purposes of advertising or solicitation if the material containing the commercial use is authorized by the individual for commercial sponsorship or paid advertising. (2) It is a question of fact as to whether or not the commercial use of the name, voice, signature, photograph, or likeness of an individual is so directly connected with the commercial sponsorship or paid advertising as to constitute an authorized use for purposes of advertising or solicitation. Added by Act 2016EX3, No. 9,§ 1, eff. 8/22/2016. Added by Act 2016EX3, No. 8,§ 1, eff. 8/22/2016.

(a) (1) It is not a violation of this subchapter if the name, voice, signature, photograph, or likeness of an individual is used: (A) In connection with a news, public affairs, or sports broadcast, including the promotion of and advertising for a sports broadcast, an account of public interest, or a political campaign; (B) In: (i) A play, book, magazine, newspaper, musical composition, visual work, work of art, audiovisual work, radio or television program if it is fictional or nonfictional entertainment, or a dramatic, literary, or musical work; (ii) A work of political, public interest, or newsworthy value, including a comment, criticism, parody, satire, or a transformative creation of a work of authorship; or (iii) An advertisement or commercial announcement for any of the works described in subdivision (a)(1)(A) of this section or this subdivision (a)(1)(B); (C) In a photograph or likeness where the individual appears as a member of the public, an attendee of a photographed event, or in a public place, and the individual is not named; (D) By an institution of higher education or by a nonprofit organization, club, or supporting foundation that is authorized by the institution of higher education and established solely to advance the purposes of the institution of higher education if: (i) The use is for educational purposes or to promote the institution of higher education and its educational, athletic, or other institutional objectives; and (ii) The individual is or was affiliated with the institution, including without limitation as a: (a) Student or member of the faculty or staff; (b) Donor or campus visitor; or (c) Contractor, subcontractor, or employee; (E) By any person practicing the profession of photography or his or her representative: (i) To exhibit and display photographs in a personal portfolio through physical media or digital media unless the exhibit and display are continued by the person practicing the profession of photography after written notice objecting to the exhibit and display has been given by the individual or by his or her representative; (ii) To distribute photographs for license and sale or other transfer to third parties or to promote or advertise such activities; and (iii) To provide yearbooks to an educational institution or photographs for school publications; or (F) By a service provider of a system or network if the service provider: (i) Does not have actual knowledge that a photograph or likeness on the system or network is in violation of this subchapter; or (ii) In the absence of such actual knowledge, is not aware of facts or circumstances from which a violation of this subchapter is apparent. (2) The use of the name, voice, signature, photograph, or likeness of the individual within a work that is protected under subdivision (a)(1)(B) of this section is not an exempt use protected by subdivision (a)(1) of this section if the claimant proves that the use is so directly connected with a product, article of merchandise, good, or service other than the work itself as to constitute an act of advertising, selling, or soliciting purchases of the product, article of merchandise, good, or service by the individual without the prior consent required by this subchapter.

(1) It is not a violation of this subchapter if the name, voice, signature, photograph, or likeness of an individual is used: (A) In connection with a news, public affairs, or sports broadcast, including the promotion of and advertising for a sports broadcast, an account of public interest, or a political campaign; (B) In: (i) A play, book, magazine, newspaper, musical composition, visual work, work of art, audiovisual work, radio or television program if it is fictional or nonfictional entertainment, or a dramatic, literary, or musical work; (ii) A work of political, public interest, or newsworthy value, including a comment, criticism, parody, satire, or a transformative creation of a work of authorship; or (iii) An advertisement or commercial announcement for any of the works described in subdivision (a)(1)(A) of this section or this subdivision (a)(1)(B); (C) In a photograph or likeness where the individual appears as a member of the public, an attendee of a photographed event, or in a public place, and the individual is not named; (D) By an institution of higher education or by a nonprofit organization, club, or supporting foundation that is authorized by the institution of higher education and established solely to advance the purposes of the institution of higher education if: (i) The use is for educational purposes or to promote the institution of higher education and its educational, athletic, or other institutional objectives; and (ii) The individual is or was affiliated with the institution, including without limitation as a: (a) Student or member of the faculty or staff; (b) Donor or campus visitor; or (c) Contractor, subcontractor, or employee; (E) By any person practicing the profession of photography or his or her representative: (i) To exhibit and display photographs in a personal portfolio through physical media or digital media unless the exhibit and display are continued by the person practicing the profession of photography after written notice objecting to the exhibit and display has been given by the individual or by his or her representative; (ii) To distribute photographs for license and sale or other transfer to third parties or to promote or advertise such activities; and (iii) To provide yearbooks to an educational institution or photographs for school publications; or (F) By a service provider of a system or network if the service provider: (i) Does not have actual knowledge that a photograph or likeness on the system or network is in violation of this subchapter; or (ii) In the absence of such actual knowledge, is not aware of facts or circumstances from which a violation of this subchapter is apparent.

(A) In connection with a news, public affairs, or sports broadcast, including the promotion of and advertising for a sports broadcast, an account of public interest, or a political campaign;

(B) In: (i) A play, book, magazine, newspaper, musical composition, visual work, work of art, audiovisual work, radio or television program if it is fictional or nonfictional entertainment, or a dramatic, literary, or musical work; (ii) A work of political, public interest, or newsworthy value, including a comment, criticism, parody, satire, or a transformative creation of a work of authorship; or (iii) An advertisement or commercial announcement for any of the works described in subdivision (a)(1)(A) of this section or this subdivision (a)(1)(B);

(i) A play, book, magazine, newspaper, musical composition, visual work, work of art, audiovisual work, radio or television program if it is fictional or nonfictional entertainment, or a dramatic, literary, or musical work;

(ii) A work of political, public interest, or newsworthy value, including a comment, criticism, parody, satire, or a transformative creation of a work of authorship; or

(iii) An advertisement or commercial announcement for any of the works described in subdivision (a)(1)(A) of this section or this subdivision (a)(1)(B);

(C) In a photograph or likeness where the individual appears as a member of the public, an attendee of a photographed event, or in a public place, and the individual is not named;

(D) By an institution of higher education or by a nonprofit organization, club, or supporting foundation that is authorized by the institution of higher education and established solely to advance the purposes of the institution of higher education if: (i) The use is for educational purposes or to promote the institution of higher education and its educational, athletic, or other institutional objectives; and (ii) The individual is or was affiliated with the institution, including without limitation as a: (a) Student or member of the faculty or staff; (b) Donor or campus visitor; or (c) Contractor, subcontractor, or employee;

(i) The use is for educational purposes or to promote the institution of higher education and its educational, athletic, or other institutional objectives; and

(ii) The individual is or was affiliated with the institution, including without limitation as a: (a) Student or member of the faculty or staff; (b) Donor or campus visitor; or (c) Contractor, subcontractor, or employee;

(a) Student or member of the faculty or staff;

(b) Donor or campus visitor; or

(c) Contractor, subcontractor, or employee;

(E) By any person practicing the profession of photography or his or her representative: (i) To exhibit and display photographs in a personal portfolio through physical media or digital media unless the exhibit and display are continued by the person practicing the profession of photography after written notice objecting to the exhibit and display has been given by the individual or by his or her representative; (ii) To distribute photographs for license and sale or other transfer to third parties or to promote or advertise such activities; and (iii) To provide yearbooks to an educational institution or photographs for school publications; or

(i) To exhibit and display photographs in a personal portfolio through physical media or digital media unless the exhibit and display are continued by the person practicing the profession of photography after written notice objecting to the exhibit and display has been given by the individual or by his or her representative;

(ii) To distribute photographs for license and sale or other transfer to third parties or to promote or advertise such activities; and

(iii) To provide yearbooks to an educational institution or photographs for school publications; or

(F) By a service provider of a system or network if the service provider: (i) Does not have actual knowledge that a photograph or likeness on the system or network is in violation of this subchapter; or (ii) In the absence of such actual knowledge, is not aware of facts or circumstances from which a violation of this subchapter is apparent.

(i) Does not have actual knowledge that a photograph or likeness on the system or network is in violation of this subchapter; or

(ii) In the absence of such actual knowledge, is not aware of facts or circumstances from which a violation of this subchapter is apparent.

(2) The use of the name, voice, signature, photograph, or likeness of the individual within a work that is protected under subdivision (a)(1)(B) of this section is not an exempt use protected by subdivision (a)(1) of this section if the claimant proves that the use is so directly connected with a product, article of merchandise, good, or service other than the work itself as to constitute an act of advertising, selling, or soliciting purchases of the product, article of merchandise, good, or service by the individual without the prior consent required by this subchapter.

(b) (1) The commercial use of the name, voice, signature, photograph, or likeness of the individual in a commercial medium does not constitute a commercial use for purposes of advertising or solicitation if the material containing the commercial use is authorized by the individual for commercial sponsorship or paid advertising. (2) It is a question of fact as to whether or not the commercial use of the name, voice, signature, photograph, or likeness of an individual is so directly connected with the commercial sponsorship or paid advertising as to constitute an authorized use for purposes of advertising or solicitation.

(1) The commercial use of the name, voice, signature, photograph, or likeness of the individual in a commercial medium does not constitute a commercial use for purposes of advertising or solicitation if the material containing the commercial use is authorized by the individual for commercial sponsorship or paid advertising.

(2) It is a question of fact as to whether or not the commercial use of the name, voice, signature, photograph, or likeness of an individual is so directly connected with the commercial sponsorship or paid advertising as to constitute an authorized use for purposes of advertising or solicitation.

Added by Act 2016EX3, No. 9,§ 1, eff. 8/22/2016.

Added by Act 2016EX3, No. 8,§ 1, eff. 8/22/2016.
Ark. Code Ann. § 4-75-502 — AR Code / Title 4 / Chapter 75 / Subchapter 5 / Section 4-75-502
Purchase of commodities
Status: in_force

(a) Any person, firm, company, association, or corporation, foreign or domestic, doing business in the State of Arkansas and engaged in the business of buying milk, cream, butter, butter fat, poultry, eggs, grain, or cottonseed who, for the purpose of destroying or injuring the business of a competitor, shall discriminate between different sections, localities, communities, cities, or towns of this state by purchasing the commodity at a higher price or rate in one section, locality, community, city, or town than is paid for the same commodity by the person, firm, company, association, or corporation in another section, locality, community, city, or town, after making due allowance, if any, in the grade or quality of the commodity, and in the actual cost of transportation from the point of purchase to the point of manufacture, sale, or storage, shall be deemed guilty of unfair discrimination, which is prohibited and declared to be unlawful. However, the fact that any person, firm, company, association, or corporation purchases any of the above-mentioned commodities at a higher price or rate in the one section, locality, community, city, or town than is paid at the time for the same commodity by the same person, firm, company, association, or corporation in another section, locality, community, city, or town, after making due allowance for the difference, if any, in the grade or quality and in the actual cost of transportation from the point of purchase, sale, or storage, shall be prima facie evidence that the higher price or rate was paid for the purpose of destroying or injuring the business of a competitor and that the person, firm, company, association, or corporation is guilty of unfair discrimination. (b) Any person, firm, company, association, or corporation who shall be convicted of unfair discrimination, as defined by this section, shall be fined for each offense not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000). (c) (1) In addition thereto, any person, firm, company, association, or corporation so convicted shall be enjoined upon the application of the State of Arkansas or any person, firm, or corporation injured by the discrimination from engaging directly or indirectly in the business of purchasing in any such commodities. (2) It is the duty of the Attorney General, upon being informed that any person, firm, company, association, or corporation has been convicted of unfair discrimination as defined in this section, immediately to institute suit in the name of the State of Arkansas in any circuit court of this state where service may be had upon the defendant against the person, firm, company, association, or corporation to enjoin the person, firm, company, association, or corporation from engaging directly or indirectly in the business of buying any such commodities. (3) Upon proof that any such person, firm, company, association, or corporation has been convicted of unfair discrimination, the court shall issue the injunction. Acts 1923, No. 616, §§ 1-3; Pope's Dig., §§ 14308-14310; A.S.A. 1947, §§ 70-123 -- 70-125.

(a) Any person, firm, company, association, or corporation, foreign or domestic, doing business in the State of Arkansas and engaged in the business of buying milk, cream, butter, butter fat, poultry, eggs, grain, or cottonseed who, for the purpose of destroying or injuring the business of a competitor, shall discriminate between different sections, localities, communities, cities, or towns of this state by purchasing the commodity at a higher price or rate in one section, locality, community, city, or town than is paid for the same commodity by the person, firm, company, association, or corporation in another section, locality, community, city, or town, after making due allowance, if any, in the grade or quality of the commodity, and in the actual cost of transportation from the point of purchase to the point of manufacture, sale, or storage, shall be deemed guilty of unfair discrimination, which is prohibited and declared to be unlawful. However, the fact that any person, firm, company, association, or corporation purchases any of the above-mentioned commodities at a higher price or rate in the one section, locality, community, city, or town than is paid at the time for the same commodity by the same person, firm, company, association, or corporation in another section, locality, community, city, or town, after making due allowance for the difference, if any, in the grade or quality and in the actual cost of transportation from the point of purchase, sale, or storage, shall be prima facie evidence that the higher price or rate was paid for the purpose of destroying or injuring the business of a competitor and that the person, firm, company, association, or corporation is guilty of unfair discrimination.

(b) Any person, firm, company, association, or corporation who shall be convicted of unfair discrimination, as defined by this section, shall be fined for each offense not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000).

(c) (1) In addition thereto, any person, firm, company, association, or corporation so convicted shall be enjoined upon the application of the State of Arkansas or any person, firm, or corporation injured by the discrimination from engaging directly or indirectly in the business of purchasing in any such commodities. (2) It is the duty of the Attorney General, upon being informed that any person, firm, company, association, or corporation has been convicted of unfair discrimination as defined in this section, immediately to institute suit in the name of the State of Arkansas in any circuit court of this state where service may be had upon the defendant against the person, firm, company, association, or corporation to enjoin the person, firm, company, association, or corporation from engaging directly or indirectly in the business of buying any such commodities. (3) Upon proof that any such person, firm, company, association, or corporation has been convicted of unfair discrimination, the court shall issue the injunction.

(1) In addition thereto, any person, firm, company, association, or corporation so convicted shall be enjoined upon the application of the State of Arkansas or any person, firm, or corporation injured by the discrimination from engaging directly or indirectly in the business of purchasing in any such commodities.

(2) It is the duty of the Attorney General, upon being informed that any person, firm, company, association, or corporation has been convicted of unfair discrimination as defined in this section, immediately to institute suit in the name of the State of Arkansas in any circuit court of this state where service may be had upon the defendant against the person, firm, company, association, or corporation to enjoin the person, firm, company, association, or corporation from engaging directly or indirectly in the business of buying any such commodities.

(3) Upon proof that any such person, firm, company, association, or corporation has been convicted of unfair discrimination, the court shall issue the injunction.

Acts 1923, No. 616, §§ 1-3; Pope's Dig., §§ 14308-14310; A.S.A. 1947, §§ 70-123 -- 70-125.
Ark. Code Ann. § 4-88-201 — AR Code / Title 4 / Chapter 88 / Subchapter 2 / Section 4-88-201
Definitions
Status: in_force

As used in this subchapter: (1) "Account" means funds or assets held by a financial services provider, including without limitation: (A) A deposit account; (B) A checking account; (C) A money market account; (D) A savings account; (E) A share account; (F) A certificate of deposit; (G) A trust account; (H) An individual retirement account or other type of retirement account; (I) A guardianship or conservatorship account; (J) An investment or securities account; (K) A loan; (L) A credit card; or (M) Any extension of credit, including a home equity line of credit; (2) "Elder person" means a person who is sixty (60) years of age or older; (3) "Exploitation" means the act of forcing, compelling, or exerting undue influence over a person causing the person to act in a way that is inconsistent with the person's relevant past behavior or causing the person to perform services or purchase goods and services for the benefit of another person; (4) "Financial exploitation" means: (A) The wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or property of an elder person or person with a disability, including incurring debt in the name of an elder person or person with a disability for the benefit of a third party; or (B) Any act or omission taken by an individual, including through the use of a power of attorney, guardianship, or conservatorship of an elder person or person with a disability, to either: (i) Obtain control through deception, intimidation, or undue influence over the elder person's or person with a disability's money, assets, or property to deprive the elder person or person with a disability of the ownership, use, benefit, or possession of his or her money, assets, or property; or (ii) Convert money, assets, or property of the elder person or person with a disability to deprive the elder person or person with a disability of the ownership, use, benefit, or possession of his or her money, assets, or property; (5) "Financial services provider" means an entity, including the entity's employees and officers, regulated by the State Bank Department or a similar federal regulatory agency, engaged in or transacting business in this state, including without limitation: (A) A state or national bank or trust company; (B) A state or federal savings and loan association; (C) A state or federal credit union; (D) A building and loan association; (E) A mortgage banker, mortgage broker, loan officer, or mortgage servicer under the Fair Mortgage Lending Act, § 23-39-501 et seq.; or (F) A pawnbroker; (6) "Financial transaction" means: (A) A transfer or request to transfer or disburse funds or assets in an account; (B) A request to initiate a wire transfer, initiate an automated clearing house transfer, or issue a money order, cashier's check, or official check; (C) A request to negotiate a check or other negotiable instrument; (D) A request to change the ownership of an account; (E) A request for a loan, extension of credit, or draw on a line of credit; (F) A request to transfer the title to any real property or the title of any motor vehicle or mobile home, or to encumber the real property, motor vehicle, or mobile home; (G) Expanding access to an account through an online or telephone banking system or adding an additional person as an authorized signer or person otherwise authorized to initiate transactions in the account; or (H) Opening or establishing a new account; (7) "Major life activities" include functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working; (8) (A) "Person with a disability" means a person who has a physical or mental impairment which substantially limits one (1) or more of such person's major life activities. (B) As used in this subdivision (8), "physical or mental impairment" means any of the following: (i) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss substantially affecting one (1) or more of the following body systems: (a) Neurological; (b) Musculoskeletal; (c) Special sense organs; (d) Respiratory, including speech organs; (e) Cardiovascular; (f) Reproductive; (g) Digestive; (h) Genitourinary; (i) Hemic and lymphatic; (j) Skin; or (k) Endocrine; or (ii) Any mental or psychological disorder, including intellectual and developmental disabilities, organic brain syndrome, emotional or mental illness, and specific learning disabilities. (C) The term "physical or mental impairment" includes without limitation diseases and conditions such as orthopedic, visual, speech and hearing impairment, cerebral palsy, spina bifida, Down syndrome, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual and developmental disabilities, and emotional illness; and (9) "Substantially limits" means substantially interferes with or affects over an extended period of time. Minor temporary ailments or injuries shall not be considered physical or mental impairments that substantially limit a person's major life activities. Examples of minor temporary ailments are colds, influenza, sprains, or minor injuries. Amended by Act 2021, No. 1015,§ 4, eff. 7/28/2021. Amended by Act 2019, No. 1035,§ 1, eff. 7/24/2019. Acts 1993, No. 138, § 1; 2011, No. 68, § 1.

As used in this subchapter:

(1) "Account" means funds or assets held by a financial services provider, including without limitation: (A) A deposit account; (B) A checking account; (C) A money market account; (D) A savings account; (E) A share account; (F) A certificate of deposit; (G) A trust account; (H) An individual retirement account or other type of retirement account; (I) A guardianship or conservatorship account; (J) An investment or securities account; (K) A loan; (L) A credit card; or (M) Any extension of credit, including a home equity line of credit;

(A) A deposit account;

(B) A checking account;

(C) A money market account;

(D) A savings account;

(E) A share account;

(F) A certificate of deposit;

(G) A trust account;

(H) An individual retirement account or other type of retirement account;

(I) A guardianship or conservatorship account;

(J) An investment or securities account;

(K) A loan;

(L) A credit card; or

(M) Any extension of credit, including a home equity line of credit;

(2) "Elder person" means a person who is sixty (60) years of age or older;

(3) "Exploitation" means the act of forcing, compelling, or exerting undue influence over a person causing the person to act in a way that is inconsistent with the person's relevant past behavior or causing the person to perform services or purchase goods and services for the benefit of another person;

(4) "Financial exploitation" means: (A) The wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or property of an elder person or person with a disability, including incurring debt in the name of an elder person or person with a disability for the benefit of a third party; or (B) Any act or omission taken by an individual, including through the use of a power of attorney, guardianship, or conservatorship of an elder person or person with a disability, to either: (i) Obtain control through deception, intimidation, or undue influence over the elder person's or person with a disability's money, assets, or property to deprive the elder person or person with a disability of the ownership, use, benefit, or possession of his or her money, assets, or property; or (ii) Convert money, assets, or property of the elder person or person with a disability to deprive the elder person or person with a disability of the ownership, use, benefit, or possession of his or her money, assets, or property;

(A) The wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or property of an elder person or person with a disability, including incurring debt in the name of an elder person or person with a disability for the benefit of a third party; or

(B) Any act or omission taken by an individual, including through the use of a power of attorney, guardianship, or conservatorship of an elder person or person with a disability, to either: (i) Obtain control through deception, intimidation, or undue influence over the elder person's or person with a disability's money, assets, or property to deprive the elder person or person with a disability of the ownership, use, benefit, or possession of his or her money, assets, or property; or (ii) Convert money, assets, or property of the elder person or person with a disability to deprive the elder person or person with a disability of the ownership, use, benefit, or possession of his or her money, assets, or property;

(i) Obtain control through deception, intimidation, or undue influence over the elder person's or person with a disability's money, assets, or property to deprive the elder person or person with a disability of the ownership, use, benefit, or possession of his or her money, assets, or property; or

(ii) Convert money, assets, or property of the elder person or person with a disability to deprive the elder person or person with a disability of the ownership, use, benefit, or possession of his or her money, assets, or property;

(5) "Financial services provider" means an entity, including the entity's employees and officers, regulated by the State Bank Department or a similar federal regulatory agency, engaged in or transacting business in this state, including without limitation: (A) A state or national bank or trust company; (B) A state or federal savings and loan association; (C) A state or federal credit union; (D) A building and loan association; (E) A mortgage banker, mortgage broker, loan officer, or mortgage servicer under the Fair Mortgage Lending Act, § 23-39-501 et seq.; or (F) A pawnbroker;

(A) A state or national bank or trust company;

(B) A state or federal savings and loan association;

(C) A state or federal credit union;

(D) A building and loan association;

(E) A mortgage banker, mortgage broker, loan officer, or mortgage servicer under the Fair Mortgage Lending Act, § 23-39-501 et seq.; or

(F) A pawnbroker;

(6) "Financial transaction" means: (A) A transfer or request to transfer or disburse funds or assets in an account; (B) A request to initiate a wire transfer, initiate an automated clearing house transfer, or issue a money order, cashier's check, or official check; (C) A request to negotiate a check or other negotiable instrument; (D) A request to change the ownership of an account; (E) A request for a loan, extension of credit, or draw on a line of credit; (F) A request to transfer the title to any real property or the title of any motor vehicle or mobile home, or to encumber the real property, motor vehicle, or mobile home; (G) Expanding access to an account through an online or telephone banking system or adding an additional person as an authorized signer or person otherwise authorized to initiate transactions in the account; or (H) Opening or establishing a new account;

(A) A transfer or request to transfer or disburse funds or assets in an account;

(B) A request to initiate a wire transfer, initiate an automated clearing house transfer, or issue a money order, cashier's check, or official check;

(C) A request to negotiate a check or other negotiable instrument;

(D) A request to change the ownership of an account;

(E) A request for a loan, extension of credit, or draw on a line of credit;

(F) A request to transfer the title to any real property or the title of any motor vehicle or mobile home, or to encumber the real property, motor vehicle, or mobile home;

(G) Expanding access to an account through an online or telephone banking system or adding an additional person as an authorized signer or person otherwise authorized to initiate transactions in the account; or

(H) Opening or establishing a new account;

(7) "Major life activities" include functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working;

(8) (A) "Person with a disability" means a person who has a physical or mental impairment which substantially limits one (1) or more of such person's major life activities. (B) As used in this subdivision (8), "physical or mental impairment" means any of the following: (i) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss substantially affecting one (1) or more of the following body systems: (a) Neurological; (b) Musculoskeletal; (c) Special sense organs; (d) Respiratory, including speech organs; (e) Cardiovascular; (f) Reproductive; (g) Digestive; (h) Genitourinary; (i) Hemic and lymphatic; (j) Skin; or (k) Endocrine; or (ii) Any mental or psychological disorder, including intellectual and developmental disabilities, organic brain syndrome, emotional or mental illness, and specific learning disabilities. (C) The term "physical or mental impairment" includes without limitation diseases and conditions such as orthopedic, visual, speech and hearing impairment, cerebral palsy, spina bifida, Down syndrome, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual and developmental disabilities, and emotional illness; and

(A) "Person with a disability" means a person who has a physical or mental impairment which substantially limits one (1) or more of such person's major life activities.

(B) As used in this subdivision (8), "physical or mental impairment" means any of the following: (i) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss substantially affecting one (1) or more of the following body systems: (a) Neurological; (b) Musculoskeletal; (c) Special sense organs; (d) Respiratory, including speech organs; (e) Cardiovascular; (f) Reproductive; (g) Digestive; (h) Genitourinary; (i) Hemic and lymphatic; (j) Skin; or (k) Endocrine; or (ii) Any mental or psychological disorder, including intellectual and developmental disabilities, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

(i) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss substantially affecting one (1) or more of the following body systems: (a) Neurological; (b) Musculoskeletal; (c) Special sense organs; (d) Respiratory, including speech organs; (e) Cardiovascular; (f) Reproductive; (g) Digestive; (h) Genitourinary; (i) Hemic and lymphatic; (j) Skin; or (k) Endocrine; or

(a) Neurological;

(b) Musculoskeletal;

(c) Special sense organs;

(d) Respiratory, including speech organs;

(e) Cardiovascular;

(f) Reproductive;

(g) Digestive;

(h) Genitourinary;

(i) Hemic and lymphatic;

(j) Skin; or

(k) Endocrine; or

(ii) Any mental or psychological disorder, including intellectual and developmental disabilities, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

(C) The term "physical or mental impairment" includes without limitation diseases and conditions such as orthopedic, visual, speech and hearing impairment, cerebral palsy, spina bifida, Down syndrome, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual and developmental disabilities, and emotional illness; and

(9) "Substantially limits" means substantially interferes with or affects over an extended period of time. Minor temporary ailments or injuries shall not be considered physical or mental impairments that substantially limit a person's major life activities. Examples of minor temporary ailments are colds, influenza, sprains, or minor injuries.

Amended by Act 2021, No. 1015,§ 4, eff. 7/28/2021.

Amended by Act 2019, No. 1035,§ 1, eff. 7/24/2019.

Acts 1993, No. 138, § 1; 2011, No. 68, § 1.
Ark. Code Ann. § 4-114-106 — AR Code / Title 4 / Chapter 114 / Section 4-114-106
Required disclosure - Service contracts
Status: in_force

(a) A service contract issued, sold, or offered for sale in this state shall: (1) Be written in clear, understandable language that is easy to read; and (2) Conspicuously disclose the applicable requirements of this section. (b) (1) A service contract insured under a reimbursement insurance policy under § 4-114-104(d)(1) shall contain the name and address of the insurer and a statement in substantially the following form: "Obligations of the provider under this service contract are guaranteed under a service contract reimbursement insurance policy. If the provider fails to pay or provide service on a claim within sixty (60) days after proof of loss has been filed, the service contract holder is entitled to make a claim directly against the insurance company." (2) A claim against the provider may include a claim for return of the unearned provider fee. (c) (1) A service contract not insured under a reimbursement insurance policy under § 4-114-104(d)(1) shall conspicuously state the name and address of the provider and contain a statement in substantially the following form: "Obligations of the provider under this service contract are backed only by the full faith and credit of the provider (issuer) and are not guaranteed under a service contract reimbursement insurance policy." (2) A claim against the provider shall also include a claim for return of the unearned provider fee. (d) A service contract shall identify the administrator, the provider obligated to perform the service under the contract, the service contract seller, and the service contract holder to the extent that the name and address of the service contract holder have been furnished by the service contract holder. (e) (1) A service contract or a service contract holder's receipt shall state the total purchase price and the terms under which the service contract is sold. (2) The purchase price is not required to be preprinted on the service contract and may be negotiated at the time of sale with the service contract holder. (f) If prior approval of repair work is required, a service contract shall state the procedure for obtaining prior approval and for making a claim, including a toll-free telephone number for claim service and a procedure for obtaining emergency repairs performed outside of normal business hours. (g) A service contract shall: (1) Disclose the deductible amount; (2) Specify the merchandise and services to be provided and any limitations, exceptions, or exclusions; (3) (A) State the conditions upon which the use of the nonoriginal manufacturer's parts or substitute service may be allowed. (B) Conditions stated shall comply with applicable state and federal laws; (4) State any terms, restrictions, or conditions governing the transferability of the service contract; (5) (A) State the terms, restrictions, or conditions governing termination of the service contract by the service contract holder. (B) (i) The provider of the service contract shall mail a written notice to the contract holder within fifteen (15) days of the date of termination in the event the provider terminates the service contract. (ii) Prior notice is not required if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation by the service contract holder to the provider, or a substantial breach of duties by the service contract holder relating to the covered product or its use. (C) The notice shall state the effective date of the cancellation and the reason for the cancellation. (D) A pro rata refund of the unearned portion of the provider fee less the amount or value of any claims paid shall accompany the notice unless cancellation is for nonpayment; (6) (A) Require every provider to permit the service contract holder to return the contract within no less than twenty (20) days of the date of mailing of the service contract or no less than ten (10) days if the service contract is delivered at the time of sale or within a longer time period permitted under the service contract. (B) If no claim has been made under the service contract, the service contract is void and the provider shall refund to the service contract holder the full purchase price of the service contract. (C) A ten percent (10%) penalty per month shall be added to a refund that is not paid within forty-five (45) days of return of the service contract to the provider. (D) The applicable free-look time period on service contracts shall only apply to the original service contract purchaser and only if no claim has been made prior to its return to the provider; (7) Set forth all of the obligations and duties of the service contract holder, such as the duty to protect against any further damage and the requirement for certain service and maintenance; and (8) Clearly state whether or not the service contract provides for or excludes consequential damages or preexisting conditions. Acts 2007, No. 656, § 1.

(a) A service contract issued, sold, or offered for sale in this state shall: (1) Be written in clear, understandable language that is easy to read; and (2) Conspicuously disclose the applicable requirements of this section.

(1) Be written in clear, understandable language that is easy to read; and

(2) Conspicuously disclose the applicable requirements of this section.

(b) (1) A service contract insured under a reimbursement insurance policy under § 4-114-104(d)(1) shall contain the name and address of the insurer and a statement in substantially the following form: "Obligations of the provider under this service contract are guaranteed under a service contract reimbursement insurance policy. If the provider fails to pay or provide service on a claim within sixty (60) days after proof of loss has been filed, the service contract holder is entitled to make a claim directly against the insurance company." (2) A claim against the provider may include a claim for return of the unearned provider fee.

(1) A service contract insured under a reimbursement insurance policy under § 4-114-104(d)(1) shall contain the name and address of the insurer and a statement in substantially the following form: "Obligations of the provider under this service contract are guaranteed under a service contract reimbursement insurance policy. If the provider fails to pay or provide service on a claim within sixty (60) days after proof of loss has been filed, the service contract holder is entitled to make a claim directly against the insurance company."

(2) A claim against the provider may include a claim for return of the unearned provider fee.

(c) (1) A service contract not insured under a reimbursement insurance policy under § 4-114-104(d)(1) shall conspicuously state the name and address of the provider and contain a statement in substantially the following form: "Obligations of the provider under this service contract are backed only by the full faith and credit of the provider (issuer) and are not guaranteed under a service contract reimbursement insurance policy." (2) A claim against the provider shall also include a claim for return of the unearned provider fee.

(1) A service contract not insured under a reimbursement insurance policy under § 4-114-104(d)(1) shall conspicuously state the name and address of the provider and contain a statement in substantially the following form: "Obligations of the provider under this service contract are backed only by the full faith and credit of the provider (issuer) and are not guaranteed under a service contract reimbursement insurance policy."

(2) A claim against the provider shall also include a claim for return of the unearned provider fee.

(d) A service contract shall identify the administrator, the provider obligated to perform the service under the contract, the service contract seller, and the service contract holder to the extent that the name and address of the service contract holder have been furnished by the service contract holder.

(e) (1) A service contract or a service contract holder's receipt shall state the total purchase price and the terms under which the service contract is sold. (2) The purchase price is not required to be preprinted on the service contract and may be negotiated at the time of sale with the service contract holder.

(1) A service contract or a service contract holder's receipt shall state the total purchase price and the terms under which the service contract is sold.

(2) The purchase price is not required to be preprinted on the service contract and may be negotiated at the time of sale with the service contract holder.

(f) If prior approval of repair work is required, a service contract shall state the procedure for obtaining prior approval and for making a claim, including a toll-free telephone number for claim service and a procedure for obtaining emergency repairs performed outside of normal business hours.

(g) A service contract shall: (1) Disclose the deductible amount; (2) Specify the merchandise and services to be provided and any limitations, exceptions, or exclusions; (3) (A) State the conditions upon which the use of the nonoriginal manufacturer's parts or substitute service may be allowed. (B) Conditions stated shall comply with applicable state and federal laws; (4) State any terms, restrictions, or conditions governing the transferability of the service contract; (5) (A) State the terms, restrictions, or conditions governing termination of the service contract by the service contract holder. (B) (i) The provider of the service contract shall mail a written notice to the contract holder within fifteen (15) days of the date of termination in the event the provider terminates the service contract. (ii) Prior notice is not required if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation by the service contract holder to the provider, or a substantial breach of duties by the service contract holder relating to the covered product or its use. (C) The notice shall state the effective date of the cancellation and the reason for the cancellation. (D) A pro rata refund of the unearned portion of the provider fee less the amount or value of any claims paid shall accompany the notice unless cancellation is for nonpayment; (6) (A) Require every provider to permit the service contract holder to return the contract within no less than twenty (20) days of the date of mailing of the service contract or no less than ten (10) days if the service contract is delivered at the time of sale or within a longer time period permitted under the service contract. (B) If no claim has been made under the service contract, the service contract is void and the provider shall refund to the service contract holder the full purchase price of the service contract. (C) A ten percent (10%) penalty per month shall be added to a refund that is not paid within forty-five (45) days of return of the service contract to the provider. (D) The applicable free-look time period on service contracts shall only apply to the original service contract purchaser and only if no claim has been made prior to its return to the provider; (7) Set forth all of the obligations and duties of the service contract holder, such as the duty to protect against any further damage and the requirement for certain service and maintenance; and (8) Clearly state whether or not the service contract provides for or excludes consequential damages or preexisting conditions.

(1) Disclose the deductible amount;

(2) Specify the merchandise and services to be provided and any limitations, exceptions, or exclusions;

(3) (A) State the conditions upon which the use of the nonoriginal manufacturer's parts or substitute service may be allowed. (B) Conditions stated shall comply with applicable state and federal laws;

(A) State the conditions upon which the use of the nonoriginal manufacturer's parts or substitute service may be allowed.

(B) Conditions stated shall comply with applicable state and federal laws;

(4) State any terms, restrictions, or conditions governing the transferability of the service contract;

(5) (A) State the terms, restrictions, or conditions governing termination of the service contract by the service contract holder. (B) (i) The provider of the service contract shall mail a written notice to the contract holder within fifteen (15) days of the date of termination in the event the provider terminates the service contract. (ii) Prior notice is not required if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation by the service contract holder to the provider, or a substantial breach of duties by the service contract holder relating to the covered product or its use. (C) The notice shall state the effective date of the cancellation and the reason for the cancellation. (D) A pro rata refund of the unearned portion of the provider fee less the amount or value of any claims paid shall accompany the notice unless cancellation is for nonpayment;

(A) State the terms, restrictions, or conditions governing termination of the service contract by the service contract holder.

(B) (i) The provider of the service contract shall mail a written notice to the contract holder within fifteen (15) days of the date of termination in the event the provider terminates the service contract. (ii) Prior notice is not required if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation by the service contract holder to the provider, or a substantial breach of duties by the service contract holder relating to the covered product or its use.

(i) The provider of the service contract shall mail a written notice to the contract holder within fifteen (15) days of the date of termination in the event the provider terminates the service contract.

(ii) Prior notice is not required if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation by the service contract holder to the provider, or a substantial breach of duties by the service contract holder relating to the covered product or its use.

(C) The notice shall state the effective date of the cancellation and the reason for the cancellation.

(D) A pro rata refund of the unearned portion of the provider fee less the amount or value of any claims paid shall accompany the notice unless cancellation is for nonpayment;

(6) (A) Require every provider to permit the service contract holder to return the contract within no less than twenty (20) days of the date of mailing of the service contract or no less than ten (10) days if the service contract is delivered at the time of sale or within a longer time period permitted under the service contract. (B) If no claim has been made under the service contract, the service contract is void and the provider shall refund to the service contract holder the full purchase price of the service contract. (C) A ten percent (10%) penalty per month shall be added to a refund that is not paid within forty-five (45) days of return of the service contract to the provider. (D) The applicable free-look time period on service contracts shall only apply to the original service contract purchaser and only if no claim has been made prior to its return to the provider;

(A) Require every provider to permit the service contract holder to return the contract within no less than twenty (20) days of the date of mailing of the service contract or no less than ten (10) days if the service contract is delivered at the time of sale or within a longer time period permitted under the service contract.

(B) If no claim has been made under the service contract, the service contract is void and the provider shall refund to the service contract holder the full purchase price of the service contract.

(C) A ten percent (10%) penalty per month shall be added to a refund that is not paid within forty-five (45) days of return of the service contract to the provider.

(D) The applicable free-look time period on service contracts shall only apply to the original service contract purchaser and only if no claim has been made prior to its return to the provider;

(7) Set forth all of the obligations and duties of the service contract holder, such as the duty to protect against any further damage and the requirement for certain service and maintenance; and

(8) Clearly state whether or not the service contract provides for or excludes consequential damages or preexisting conditions.

Acts 2007, No. 656, § 1.
Ark. Code Ann. § 4-26-714 — AR Code / Title 4 / Chapter 26 / Subchapter 7 / Section 4-26-714
Shareholders' actions
Status: in_force

(a) No action shall be brought in this state by a shareholder in the right of a domestic corporation unless the plaintiff was a holder of shares or of voting trust certificates at the time of the transaction of which he or she complains, or his or her shares or voting trust certificates thereafter devolved upon him or her by operation of law from a person who was a holder at that time. (b) In any action hereafter instituted in the right of any domestic corporation by the holder of shares of the corporation or of voting trust certificates therefor, the court having jurisdiction, upon final judgment and a finding that the action was brought without reasonable cause, may require the plaintiff to pay to the parties named as defendant the reasonable expenses, including fees of attorneys, incurred by them in the defense of such action. (c) (1) In any action instituted in the right of a domestic corporation by the holders of less than five percent (5%) of the outstanding shares of any class of the corporation or of voting trust certificates therefor, unless the shares or voting trust certificates so held have a market value in excess of twenty-five thousand dollars ($25,000), the corporation in whose right the action is brought or any defendant may move the court for an order, upon notice and hearing, requiring plaintiff to furnish security as provided in this section. (2) The motion may be based upon one (1) or more of the following grounds: (A) That there is no reasonable possibility that the prosecution of the cause of action alleged in the complaint against the moving party will benefit the corporation or its security holders. (B) That the moving party, if other than the corporation, did not participate in the transaction complained of in any capacity. (3) At the hearing upon the motion, the court shall consider such evidence, written or oral, by witnesses or affidavit, as may be material to the grounds upon which the motion is based, or to a determination of the probable reasonable expenses, including attorneys' fees, of the corporation and the moving party which will be incurred in the defense of the action. (4) If the court determines, after hearing the evidence adduced by the parties at the hearing, that the moving party has established a probability in support of any of the grounds upon which the motion is based, the court shall fix the nature and amount of security to be furnished by the plaintiff for reasonable expenses, including attorneys' fees, which may be incurred by the moving party and the corporation in connection with such action, including, but without limiting, the foregoing expenses for which the corporation may become liable pursuant to § 4-26-814 . (5) A determination by the court that security either shall or shall not be furnished or shall be furnished as to one (1) or more defendants and not as to others shall not be deemed a determination of any one (1) or more issues in the action or of the merits thereof. (6) The corporation and the moving party may have recourse to the security in such amount as the court shall determine upon the termination of the action. (7) The amount of security may from time to time be increased or decreased in the discretion of the court upon showing that the security provided has or may become inadequate or is excessive. (8) If the court makes a determination that security shall be furnished by the plaintiff for the benefit of any one (1) or more defendants, the action shall be dismissed as to such defendant unless the security required by the court shall have been furnished within such reasonable time as may be fixed by the court. (9) If any such motion is filed, no pleadings need be filed by the corporation or any other defendant, and the prosecution of the action shall be stayed until ten (10) days after the motion shall have been disposed of. (d) A suit filed by a shareholder in the right of a domestic corporation may not be dismissed or compromised without the approval of the court. Acts 1965, No. 576, § 49; A.S.A. 1947, § 64-223.

(a) No action shall be brought in this state by a shareholder in the right of a domestic corporation unless the plaintiff was a holder of shares or of voting trust certificates at the time of the transaction of which he or she complains, or his or her shares or voting trust certificates thereafter devolved upon him or her by operation of law from a person who was a holder at that time.

(b) In any action hereafter instituted in the right of any domestic corporation by the holder of shares of the corporation or of voting trust certificates therefor, the court having jurisdiction, upon final judgment and a finding that the action was brought without reasonable cause, may require the plaintiff to pay to the parties named as defendant the reasonable expenses, including fees of attorneys, incurred by them in the defense of such action.

(c) (1) In any action instituted in the right of a domestic corporation by the holders of less than five percent (5%) of the outstanding shares of any class of the corporation or of voting trust certificates therefor, unless the shares or voting trust certificates so held have a market value in excess of twenty-five thousand dollars ($25,000), the corporation in whose right the action is brought or any defendant may move the court for an order, upon notice and hearing, requiring plaintiff to furnish security as provided in this section. (2) The motion may be based upon one (1) or more of the following grounds: (A) That there is no reasonable possibility that the prosecution of the cause of action alleged in the complaint against the moving party will benefit the corporation or its security holders. (B) That the moving party, if other than the corporation, did not participate in the transaction complained of in any capacity. (3) At the hearing upon the motion, the court shall consider such evidence, written or oral, by witnesses or affidavit, as may be material to the grounds upon which the motion is based, or to a determination of the probable reasonable expenses, including attorneys' fees, of the corporation and the moving party which will be incurred in the defense of the action. (4) If the court determines, after hearing the evidence adduced by the parties at the hearing, that the moving party has established a probability in support of any of the grounds upon which the motion is based, the court shall fix the nature and amount of security to be furnished by the plaintiff for reasonable expenses, including attorneys' fees, which may be incurred by the moving party and the corporation in connection with such action, including, but without limiting, the foregoing expenses for which the corporation may become liable pursuant to § 4-26-814 . (5) A determination by the court that security either shall or shall not be furnished or shall be furnished as to one (1) or more defendants and not as to others shall not be deemed a determination of any one (1) or more issues in the action or of the merits thereof. (6) The corporation and the moving party may have recourse to the security in such amount as the court shall determine upon the termination of the action. (7) The amount of security may from time to time be increased or decreased in the discretion of the court upon showing that the security provided has or may become inadequate or is excessive. (8) If the court makes a determination that security shall be furnished by the plaintiff for the benefit of any one (1) or more defendants, the action shall be dismissed as to such defendant unless the security required by the court shall have been furnished within such reasonable time as may be fixed by the court. (9) If any such motion is filed, no pleadings need be filed by the corporation or any other defendant, and the prosecution of the action shall be stayed until ten (10) days after the motion shall have been disposed of.

(1) In any action instituted in the right of a domestic corporation by the holders of less than five percent (5%) of the outstanding shares of any class of the corporation or of voting trust certificates therefor, unless the shares or voting trust certificates so held have a market value in excess of twenty-five thousand dollars ($25,000), the corporation in whose right the action is brought or any defendant may move the court for an order, upon notice and hearing, requiring plaintiff to furnish security as provided in this section.

(2) The motion may be based upon one (1) or more of the following grounds: (A) That there is no reasonable possibility that the prosecution of the cause of action alleged in the complaint against the moving party will benefit the corporation or its security holders. (B) That the moving party, if other than the corporation, did not participate in the transaction complained of in any capacity.

(A) That there is no reasonable possibility that the prosecution of the cause of action alleged in the complaint against the moving party will benefit the corporation or its security holders.

(B) That the moving party, if other than the corporation, did not participate in the transaction complained of in any capacity.

(3) At the hearing upon the motion, the court shall consider such evidence, written or oral, by witnesses or affidavit, as may be material to the grounds upon which the motion is based, or to a determination of the probable reasonable expenses, including attorneys' fees, of the corporation and the moving party which will be incurred in the defense of the action.

(4) If the court determines, after hearing the evidence adduced by the parties at the hearing, that the moving party has established a probability in support of any of the grounds upon which the motion is based, the court shall fix the nature and amount of security to be furnished by the plaintiff for reasonable expenses, including attorneys' fees, which may be incurred by the moving party and the corporation in connection with such action, including, but without limiting, the foregoing expenses for which the corporation may become liable pursuant to § 4-26-814 .

(5) A determination by the court that security either shall or shall not be furnished or shall be furnished as to one (1) or more defendants and not as to others shall not be deemed a determination of any one (1) or more issues in the action or of the merits thereof.

(6) The corporation and the moving party may have recourse to the security in such amount as the court shall determine upon the termination of the action.

(7) The amount of security may from time to time be increased or decreased in the discretion of the court upon showing that the security provided has or may become inadequate or is excessive.

(8) If the court makes a determination that security shall be furnished by the plaintiff for the benefit of any one (1) or more defendants, the action shall be dismissed as to such defendant unless the security required by the court shall have been furnished within such reasonable time as may be fixed by the court.

(9) If any such motion is filed, no pleadings need be filed by the corporation or any other defendant, and the prosecution of the action shall be stayed until ten (10) days after the motion shall have been disposed of.

(d) A suit filed by a shareholder in the right of a domestic corporation may not be dismissed or compromised without the approval of the court.

Acts 1965, No. 576, § 49; A.S.A. 1947, § 64-223.
Ark. Code Ann. § 4-21-101 — AR Code / Title 4 / Chapter 21 / Section 4-21-101
Scope
Status: in_force

(a) (1) The Tenth Amendment to the United States Constitution guarantees to the states and their people all powers not granted to the United States Government elsewhere in the United States Constitution and reserves to the State of Arkansas and its people certain powers as those powers were understood at the time that Arkansas was admitted into statehood in 1836. (2) The guaranty of those powers is a matter of contract between the State of Arkansas and its people and the United States as of the time that the compact with the United States was agreed upon and adopted by Arkansas and the United States in 1836. (b) (1) The Ninth Amendment to the United States Constitution guarantees to the people rights not granted in the United States Constitution and reserves to the people of Arkansas certain rights as they were understood at the time that Arkansas was admitted into statehood in 1836. (2) The guaranty of those rights is a matter of contract between the State of Arkansas and its people and the United States as of the time that the compact with the United States was agreed upon and adopted by Arkansas and the United States in 1836. (c) The regulation of intrastate commerce is vested in the states under the Ninth and Tenth Amendments to the United States Constitution. (d) The Second Amendment to the United States Constitution reserves the right to keep and bear arms to the people as that right was understood at the time that Arkansas was admitted into statehood in 1836, and the guaranty of the right is a matter of contract between the State of Arkansas and its people and the United States as of the time that the compact with the United States was agreed upon and adopted by Arkansas and the United States in 1836. (e) (1) Arkansas Constitution, Article 2, § 5, clearly secures to Arkansas citizens and prohibits government interference with the right of individual Arkansas citizens to keep and bear arms. (2) This constitutional protection is unchanged from the 1836 Arkansas Constitution, which was approved by the United States Congress and the people of Arkansas, and the right exists as it was understood at the time that the compact with the United States was agreed upon and adopted by Arkansas and the United States in 1836. Added by Act 2021, No. 872,§ 1, eff. 7/28/2021.

(a) (1) The Tenth Amendment to the United States Constitution guarantees to the states and their people all powers not granted to the United States Government elsewhere in the United States Constitution and reserves to the State of Arkansas and its people certain powers as those powers were understood at the time that Arkansas was admitted into statehood in 1836. (2) The guaranty of those powers is a matter of contract between the State of Arkansas and its people and the United States as of the time that the compact with the United States was agreed upon and adopted by Arkansas and the United States in 1836.

(1) The Tenth Amendment to the United States Constitution guarantees to the states and their people all powers not granted to the United States Government elsewhere in the United States Constitution and reserves to the State of Arkansas and its people certain powers as those powers were understood at the time that Arkansas was admitted into statehood in 1836.

(2) The guaranty of those powers is a matter of contract between the State of Arkansas and its people and the United States as of the time that the compact with the United States was agreed upon and adopted by Arkansas and the United States in 1836.

(b) (1) The Ninth Amendment to the United States Constitution guarantees to the people rights not granted in the United States Constitution and reserves to the people of Arkansas certain rights as they were understood at the time that Arkansas was admitted into statehood in 1836. (2) The guaranty of those rights is a matter of contract between the State of Arkansas and its people and the United States as of the time that the compact with the United States was agreed upon and adopted by Arkansas and the United States in 1836.

(1) The Ninth Amendment to the United States Constitution guarantees to the people rights not granted in the United States Constitution and reserves to the people of Arkansas certain rights as they were understood at the time that Arkansas was admitted into statehood in 1836.

(2) The guaranty of those rights is a matter of contract between the State of Arkansas and its people and the United States as of the time that the compact with the United States was agreed upon and adopted by Arkansas and the United States in 1836.

(c) The regulation of intrastate commerce is vested in the states under the Ninth and Tenth Amendments to the United States Constitution.

(d) The Second Amendment to the United States Constitution reserves the right to keep and bear arms to the people as that right was understood at the time that Arkansas was admitted into statehood in 1836, and the guaranty of the right is a matter of contract between the State of Arkansas and its people and the United States as of the time that the compact with the United States was agreed upon and adopted by Arkansas and the United States in 1836.

(e) (1) Arkansas Constitution, Article 2, § 5, clearly secures to Arkansas citizens and prohibits government interference with the right of individual Arkansas citizens to keep and bear arms. (2) This constitutional protection is unchanged from the 1836 Arkansas Constitution, which was approved by the United States Congress and the people of Arkansas, and the right exists as it was understood at the time that the compact with the United States was agreed upon and adopted by Arkansas and the United States in 1836.

(1) Arkansas Constitution, Article 2, § 5, clearly secures to Arkansas citizens and prohibits government interference with the right of individual Arkansas citizens to keep and bear arms.

(2) This constitutional protection is unchanged from the 1836 Arkansas Constitution, which was approved by the United States Congress and the people of Arkansas, and the right exists as it was understood at the time that the compact with the United States was agreed upon and adopted by Arkansas and the United States in 1836.

Added by Act 2021, No. 872,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 4-88-904 — AR Code / Title 4 / Chapter 88 / Subchapter 9 / Section 4-88-904
Commencement of work - Cancellation
Status: in_force

(a) A residential contractor in a residential real estate repair contract with an insured shall not commence work until the insured's right to cancel under subsection (b) of this section has expired. (b) A person who has entered into a residential real estate repair contract with a residential contractor may cancel the residential real estate repair contract within three (3) business days after the insured has received written notice from the insurer in response to an insurance claim filed that all or any part of the claim or residential real estate repair contract is not a covered loss under the insurance policy. (c) (1) The insured cancels the residential real estate repair contract by giving written notice of cancellation to the residential contractor in person or by mailing it to the address stated in the residential real estate repair contract. (2) If the notice of cancellation is given by mail, it is effective upon deposit of the notice into the United States mail, postage prepaid, and properly addressed to the residential contractor. (3) The notice of cancellation is not required to be in a particular form and is sufficient if it expresses in writing an intention of the insured not to be bound by the residential real estate repair contract. (d) (1) Within ten (10) days after cancellation of a residential real estate repair contract, the residential contractor shall tender to the insured any payments, partial payments, or deposits made and any note or other evidence of indebtedness. (2) If the residential contractor has performed any emergency services, the residential contractor is entitled to the reasonable value of such emergency services. (e) Any provision in a residential real estate repair contract that requires the payment of a fee for anything except emergency services is not enforceable against the insured that has cancelled a residential real estate repair contract under this section. Added by Act 2013, No. 1360,§ 1, eff. 8/16/2013.

(a) A residential contractor in a residential real estate repair contract with an insured shall not commence work until the insured's right to cancel under subsection (b) of this section has expired.

(b) A person who has entered into a residential real estate repair contract with a residential contractor may cancel the residential real estate repair contract within three (3) business days after the insured has received written notice from the insurer in response to an insurance claim filed that all or any part of the claim or residential real estate repair contract is not a covered loss under the insurance policy.

(c) (1) The insured cancels the residential real estate repair contract by giving written notice of cancellation to the residential contractor in person or by mailing it to the address stated in the residential real estate repair contract. (2) If the notice of cancellation is given by mail, it is effective upon deposit of the notice into the United States mail, postage prepaid, and properly addressed to the residential contractor. (3) The notice of cancellation is not required to be in a particular form and is sufficient if it expresses in writing an intention of the insured not to be bound by the residential real estate repair contract.

(1) The insured cancels the residential real estate repair contract by giving written notice of cancellation to the residential contractor in person or by mailing it to the address stated in the residential real estate repair contract.

(2) If the notice of cancellation is given by mail, it is effective upon deposit of the notice into the United States mail, postage prepaid, and properly addressed to the residential contractor.

(3) The notice of cancellation is not required to be in a particular form and is sufficient if it expresses in writing an intention of the insured not to be bound by the residential real estate repair contract.

(d) (1) Within ten (10) days after cancellation of a residential real estate repair contract, the residential contractor shall tender to the insured any payments, partial payments, or deposits made and any note or other evidence of indebtedness. (2) If the residential contractor has performed any emergency services, the residential contractor is entitled to the reasonable value of such emergency services.

(1) Within ten (10) days after cancellation of a residential real estate repair contract, the residential contractor shall tender to the insured any payments, partial payments, or deposits made and any note or other evidence of indebtedness.

(2) If the residential contractor has performed any emergency services, the residential contractor is entitled to the reasonable value of such emergency services.

(e) Any provision in a residential real estate repair contract that requires the payment of a fee for anything except emergency services is not enforceable against the insured that has cancelled a residential real estate repair contract under this section.

Added by Act 2013, No. 1360,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 4-75-207 — AR Code / Title 4 / Chapter 75 / Subchapter 2 / Section 4-75-207
Destruction of competition by price discrimination prohibited
Status: in_force

(a) It shall be unlawful for any person, firm, or corporation doing business in the State of Arkansas and engaged in the production, manufacture, distribution, or sale of any commodity or product or of service or output of a service trade of general use or consumption or of the product or service of any public utility with the intent to destroy the competition of any regular established dealer in the commodity, product, or service, or to prevent the competition of any person, firm, private corporation, or municipal or other public corporation who or which in good faith intends and attempts to become a dealer to discriminate between different sections, communities, or cities or portions thereof, or between different locations in the sections, communities, cities, or portions thereof in this state, by selling or furnishing the commodity, product, or service at a lower rate in one (1) section, community, or city or any portion thereof, or in one (1) location in the section, community, or city or any portion thereof, than in another, after making allowance for difference, if any, in the grade, quality, or quantity and in the actual cost of transportation from the point of production, if a raw product or commodity, or from the point of manufacture, if a manufactured product or commodity. (b) The inhibition of this section against locality discrimination shall include any scheme of special rebates, collateral contracts, or any device of any nature whereby such discrimination is, in substance or fact, effected in violation of the spirit and intent of this subchapter. (c) This subchapter shall not be construed to prohibit the meeting in good faith of a competitive rate, or to prevent a reasonable classification of service by public utilities for the purpose of establishing rates. Acts 1937, No. 253, § 1; Pope's Dig., § 14311; A.S.A. 1947, § 70-301.

(a) It shall be unlawful for any person, firm, or corporation doing business in the State of Arkansas and engaged in the production, manufacture, distribution, or sale of any commodity or product or of service or output of a service trade of general use or consumption or of the product or service of any public utility with the intent to destroy the competition of any regular established dealer in the commodity, product, or service, or to prevent the competition of any person, firm, private corporation, or municipal or other public corporation who or which in good faith intends and attempts to become a dealer to discriminate between different sections, communities, or cities or portions thereof, or between different locations in the sections, communities, cities, or portions thereof in this state, by selling or furnishing the commodity, product, or service at a lower rate in one (1) section, community, or city or any portion thereof, or in one (1) location in the section, community, or city or any portion thereof, than in another, after making allowance for difference, if any, in the grade, quality, or quantity and in the actual cost of transportation from the point of production, if a raw product or commodity, or from the point of manufacture, if a manufactured product or commodity.

(b) The inhibition of this section against locality discrimination shall include any scheme of special rebates, collateral contracts, or any device of any nature whereby such discrimination is, in substance or fact, effected in violation of the spirit and intent of this subchapter.

(c) This subchapter shall not be construed to prohibit the meeting in good faith of a competitive rate, or to prevent a reasonable classification of service by public utilities for the purpose of establishing rates.

Acts 1937, No. 253, § 1; Pope's Dig., § 14311; A.S.A. 1947, § 70-301.