Ark. Code Ann. § 4-116-102 — AR Code / Title 4 / Chapter 116 / Section 4-116-102
Definitions
Status: in_force

(1) "Consumer" means a person who, individually or in conjunction with another consumer, is solicited for, applies for, or receives a refund anticipation loan or refund anticipation check; (2) "Creditor" means a person who makes a refund anticipation loan or who takes an assignment of a refund anticipation loan; (3) (A) "Facilitator" means a person who, individually or in conjunction or cooperation with another person: (i) Processes, receives, or accepts an application or agreement for a refund anticipation loan or refund anticipation check; (ii) Services or collects upon a refund anticipation loan or refund anticipation check; or (iii) Facilitates the making of a refund anticipation loan or refund anticipation check. (B) "Facilitator" does not include a bank, savings and loan association, credit union, or person who acts solely as an intermediary and does not deal with the public in the making of a refund anticipation loan or refund anticipation check; (4) "Refund anticipation check" means a check, stored value card, or other payment mechanism, representing the proceeds of the consumer's tax refund, which was issued by a depository institution or other person that received a direct deposit of the consumer's tax refund or tax credit and for which the consumer has paid a fee or other consideration for such payment mechanism; (5) (A) "Refund anticipation loan" means a loan arranged to be paid directly or indirectly from the proceeds of the consumer's income tax refund or tax credits. (B) "Refund anticipation loan" includes any sale, assignment, or purchase of a consumer's tax refund at a discount or for a fee, whether or not the consumer is required to repay the buyer or assignee if the Internal Revenue Service denies or reduces the consumer's tax refund; and (6) (A) "Refund anticipation loan fee" means any charges, fees, or other consideration charged or imposed directly or indirectly for the making of or in connection with a refund anticipation loan. (B) "Refund anticipation loan fee" includes a charge, fee, or other consideration for a deposit account if the deposit account is used for receipt of the consumer's tax refund to repay the amount owed on the loan. Acts 2009, No. 1402, § 1.

(1) "Consumer" means a person who, individually or in conjunction with another consumer, is solicited for, applies for, or receives a refund anticipation loan or refund anticipation check;

(2) "Creditor" means a person who makes a refund anticipation loan or who takes an assignment of a refund anticipation loan;

(3) (A) "Facilitator" means a person who, individually or in conjunction or cooperation with another person: (i) Processes, receives, or accepts an application or agreement for a refund anticipation loan or refund anticipation check; (ii) Services or collects upon a refund anticipation loan or refund anticipation check; or (iii) Facilitates the making of a refund anticipation loan or refund anticipation check. (B) "Facilitator" does not include a bank, savings and loan association, credit union, or person who acts solely as an intermediary and does not deal with the public in the making of a refund anticipation loan or refund anticipation check;

(A) "Facilitator" means a person who, individually or in conjunction or cooperation with another person: (i) Processes, receives, or accepts an application or agreement for a refund anticipation loan or refund anticipation check; (ii) Services or collects upon a refund anticipation loan or refund anticipation check; or (iii) Facilitates the making of a refund anticipation loan or refund anticipation check.

(i) Processes, receives, or accepts an application or agreement for a refund anticipation loan or refund anticipation check;

(ii) Services or collects upon a refund anticipation loan or refund anticipation check; or

(iii) Facilitates the making of a refund anticipation loan or refund anticipation check.

(B) "Facilitator" does not include a bank, savings and loan association, credit union, or person who acts solely as an intermediary and does not deal with the public in the making of a refund anticipation loan or refund anticipation check;

(4) "Refund anticipation check" means a check, stored value card, or other payment mechanism, representing the proceeds of the consumer's tax refund, which was issued by a depository institution or other person that received a direct deposit of the consumer's tax refund or tax credit and for which the consumer has paid a fee or other consideration for such payment mechanism;

(5) (A) "Refund anticipation loan" means a loan arranged to be paid directly or indirectly from the proceeds of the consumer's income tax refund or tax credits. (B) "Refund anticipation loan" includes any sale, assignment, or purchase of a consumer's tax refund at a discount or for a fee, whether or not the consumer is required to repay the buyer or assignee if the Internal Revenue Service denies or reduces the consumer's tax refund; and

(A) "Refund anticipation loan" means a loan arranged to be paid directly or indirectly from the proceeds of the consumer's income tax refund or tax credits.

(B) "Refund anticipation loan" includes any sale, assignment, or purchase of a consumer's tax refund at a discount or for a fee, whether or not the consumer is required to repay the buyer or assignee if the Internal Revenue Service denies or reduces the consumer's tax refund; and

(6) (A) "Refund anticipation loan fee" means any charges, fees, or other consideration charged or imposed directly or indirectly for the making of or in connection with a refund anticipation loan. (B) "Refund anticipation loan fee" includes a charge, fee, or other consideration for a deposit account if the deposit account is used for receipt of the consumer's tax refund to repay the amount owed on the loan.

(A) "Refund anticipation loan fee" means any charges, fees, or other consideration charged or imposed directly or indirectly for the making of or in connection with a refund anticipation loan.

(B) "Refund anticipation loan fee" includes a charge, fee, or other consideration for a deposit account if the deposit account is used for receipt of the consumer's tax refund to repay the amount owed on the loan.

Acts 2009, No. 1402, § 1.
Ark. Code Ann. § 4-117-102 — AR Code / Title 4 / Chapter 117 / Section 4-117-102
Distribution of drug samples
Status: in_force

(a) Except under subsections (b) and (c) of this section, a person shall not distribute a drug sample. (b) (1) A drug manufacturer or authorized distributor of record of a drug may distribute a drug sample by mail, common carrier, or by direct distribution by an authorized company representative to physicians or practitioners licensed to prescribe the drugs. (2) (A) A distribution of a drug sample under subdivision (b)(1) of this section shall be made only upon the written request of the licensed physician or practitioner. (B) The written request shall contain: (i) The name, address, professional designation, and signature of the physician or practitioner making the request; (ii) The identity of the drug sample requested, the strength of the drug, and the quantity requested; (iii) The name of the drug manufacturer of the drug sample requested; and (iv) The date of the request. (c) (1) (A) A drug manufacturer or authorized distributor of record may distribute drug samples to its authorized company representatives by common carrier. (B) A drug sample that is distributed by common carrier shall be shipped in a manner that requires the signature of the recipient before delivery. (C) The authorized company representative shall personally sign for this delivery. (2) The drug manufacturer or authorized distributor of record does not violate this subsection if the common carrier fails to obtain the authorized company representative's signature. (d) (1) The authorized company representative shall store the drug samples under conditions that will maintain the stability, integrity, and effectiveness of the drug samples and ensure that the drug samples will be free of contamination, deterioration, and adulteration as required under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq. (2) All compendial and labeling requirements for storage and handling of a particular prescription drug shall be followed. (e) (1) The name and address of the individual responsible for responding to requests by the United States Food and Drug Administration regarding samples on behalf of a drug manufacturer or distributor shall be provided by the manufacturer to the Arkansas State Board of Pharmacy. (2) The individual identified under subdivision (e)(1) of this section shall further serve as the initial contact person to the board concerning any alleged violations of this section. (f) (1) A drug manufacturer or an authorized distributor of record shall maintain a list of: (A) The name and address of each representative of the manufacturer or authorized distributor who distributes drug samples; and (B) Each site where drug samples are stored. (2) A record and a list maintained under this subsection shall be made available by the drug manufacturer or authorized distributor to the board upon request. (g) A drug manufacturer or an authorized distributor shall notify the board of a significant loss of drug samples and known theft of drug samples. (h) The board may report to the United States Food and Drug Administration any violation of this section. (i) This section applies only to the distribution of drug samples within the State of Arkansas. (j) A drug manufacturer that distributes drug samples in the State of Arkansas shall have a policy for drug screening of an employee who distributes drug samples in this state. Acts 2011, No. 719, § 3.

(a) Except under subsections (b) and (c) of this section, a person shall not distribute a drug sample.

(b) (1) A drug manufacturer or authorized distributor of record of a drug may distribute a drug sample by mail, common carrier, or by direct distribution by an authorized company representative to physicians or practitioners licensed to prescribe the drugs. (2) (A) A distribution of a drug sample under subdivision (b)(1) of this section shall be made only upon the written request of the licensed physician or practitioner. (B) The written request shall contain: (i) The name, address, professional designation, and signature of the physician or practitioner making the request; (ii) The identity of the drug sample requested, the strength of the drug, and the quantity requested; (iii) The name of the drug manufacturer of the drug sample requested; and (iv) The date of the request.

(1) A drug manufacturer or authorized distributor of record of a drug may distribute a drug sample by mail, common carrier, or by direct distribution by an authorized company representative to physicians or practitioners licensed to prescribe the drugs.

(2) (A) A distribution of a drug sample under subdivision (b)(1) of this section shall be made only upon the written request of the licensed physician or practitioner. (B) The written request shall contain: (i) The name, address, professional designation, and signature of the physician or practitioner making the request; (ii) The identity of the drug sample requested, the strength of the drug, and the quantity requested; (iii) The name of the drug manufacturer of the drug sample requested; and (iv) The date of the request.

(A) A distribution of a drug sample under subdivision (b)(1) of this section shall be made only upon the written request of the licensed physician or practitioner.

(B) The written request shall contain: (i) The name, address, professional designation, and signature of the physician or practitioner making the request; (ii) The identity of the drug sample requested, the strength of the drug, and the quantity requested; (iii) The name of the drug manufacturer of the drug sample requested; and (iv) The date of the request.

(i) The name, address, professional designation, and signature of the physician or practitioner making the request;

(ii) The identity of the drug sample requested, the strength of the drug, and the quantity requested;

(iii) The name of the drug manufacturer of the drug sample requested; and

(iv) The date of the request.

(c) (1) (A) A drug manufacturer or authorized distributor of record may distribute drug samples to its authorized company representatives by common carrier. (B) A drug sample that is distributed by common carrier shall be shipped in a manner that requires the signature of the recipient before delivery. (C) The authorized company representative shall personally sign for this delivery. (2) The drug manufacturer or authorized distributor of record does not violate this subsection if the common carrier fails to obtain the authorized company representative's signature.

(1) (A) A drug manufacturer or authorized distributor of record may distribute drug samples to its authorized company representatives by common carrier. (B) A drug sample that is distributed by common carrier shall be shipped in a manner that requires the signature of the recipient before delivery. (C) The authorized company representative shall personally sign for this delivery.

(A) A drug manufacturer or authorized distributor of record may distribute drug samples to its authorized company representatives by common carrier.

(B) A drug sample that is distributed by common carrier shall be shipped in a manner that requires the signature of the recipient before delivery.

(C) The authorized company representative shall personally sign for this delivery.

(2) The drug manufacturer or authorized distributor of record does not violate this subsection if the common carrier fails to obtain the authorized company representative's signature.

(d) (1) The authorized company representative shall store the drug samples under conditions that will maintain the stability, integrity, and effectiveness of the drug samples and ensure that the drug samples will be free of contamination, deterioration, and adulteration as required under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq. (2) All compendial and labeling requirements for storage and handling of a particular prescription drug shall be followed.

(1) The authorized company representative shall store the drug samples under conditions that will maintain the stability, integrity, and effectiveness of the drug samples and ensure that the drug samples will be free of contamination, deterioration, and adulteration as required under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq.

(2) All compendial and labeling requirements for storage and handling of a particular prescription drug shall be followed.

(e) (1) The name and address of the individual responsible for responding to requests by the United States Food and Drug Administration regarding samples on behalf of a drug manufacturer or distributor shall be provided by the manufacturer to the Arkansas State Board of Pharmacy. (2) The individual identified under subdivision (e)(1) of this section shall further serve as the initial contact person to the board concerning any alleged violations of this section.

(1) The name and address of the individual responsible for responding to requests by the United States Food and Drug Administration regarding samples on behalf of a drug manufacturer or distributor shall be provided by the manufacturer to the Arkansas State Board of Pharmacy.

(2) The individual identified under subdivision (e)(1) of this section shall further serve as the initial contact person to the board concerning any alleged violations of this section.

(f) (1) A drug manufacturer or an authorized distributor of record shall maintain a list of: (A) The name and address of each representative of the manufacturer or authorized distributor who distributes drug samples; and (B) Each site where drug samples are stored. (2) A record and a list maintained under this subsection shall be made available by the drug manufacturer or authorized distributor to the board upon request.

(1) A drug manufacturer or an authorized distributor of record shall maintain a list of: (A) The name and address of each representative of the manufacturer or authorized distributor who distributes drug samples; and (B) Each site where drug samples are stored.

(A) The name and address of each representative of the manufacturer or authorized distributor who distributes drug samples; and

(B) Each site where drug samples are stored.

(2) A record and a list maintained under this subsection shall be made available by the drug manufacturer or authorized distributor to the board upon request.

(g) A drug manufacturer or an authorized distributor shall notify the board of a significant loss of drug samples and known theft of drug samples.

(h) The board may report to the United States Food and Drug Administration any violation of this section.

(i) This section applies only to the distribution of drug samples within the State of Arkansas.

(j) A drug manufacturer that distributes drug samples in the State of Arkansas shall have a policy for drug screening of an employee who distributes drug samples in this state.

Acts 2011, No. 719, § 3.
Ark. Code Ann. § 4-90-408 — AR Code / Title 4 / Chapter 90 / Subchapter 4 / Section 4-90-408
Reimbursement of towing and rental costs
Status: in_force

Whenever a vehicle is replaced or refunded under this subchapter, the manufacturer shall reimburse the consumer for necessary towing and rental costs actually incurred as a direct result of the nonconformity. Acts 1993, No. 285, § 10; 1993, No. 297, § 10.

Whenever a vehicle is replaced or refunded under this subchapter, the manufacturer shall reimburse the consumer for necessary towing and rental costs actually incurred as a direct result of the nonconformity.

Acts 1993, No. 285, § 10; 1993, No. 297, § 10.
Ark. Code Ann. § 4-27-1706 — AR Code / Title 4 / Chapter 27 / Subchapter 17 / Section 4-27-1706
Effective date
Status: in_force

This chapter shall be effective on and after midnight, December 31, 1987. Acts 1987, No. 958, § 64-1706.

This chapter shall be effective on and after midnight, December 31, 1987.

Acts 1987, No. 958, § 64-1706.
Ark. Code Ann. § 4-18-301 — AR Code / Title 4 / Chapter 18 / Subchapter 3 / Section 4-18-301
Definitions
Status: in_force

For purposes of this subchapter: (1) "Accurate" means a piece of equipment whose value or performance, including its indications, deliveries, records representations, capacity, or actual value, conforms to the standard within the applicable tolerances and other performance requirements. (2) "Board" means the State Plant Board. (3) "Commercial weighing and measuring equipment" means weights and measures and weighing and measuring devices commercially used or employed in establishing the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption, purchased, offered, or submitted for sale, hire, or award, or in computing any basic charge or payment for services rendered on the basis of weight or measure. (4) "Commodity" means an article of commerce. (5) "Correct" as used in connection with weights and measures means conformance to all applicable specification requirements of this subchapter. (6) "Director" means the Director of the State Plant Board. (7) "Investigator" means a state investigator of weights and measures. (8) "Net mass" or "net weight" means the weight of a commodity excluding any materials, substances, or items not considered to be part of the commodity. Materials, substances, or items not considered to be part of the commodity include, but are not limited to, containers, conveyances, bags, wrappers, packaging materials, labels, individual piece coverings, decorative accompaniments, and coupons, except that, depending on the type of service rendered, packaging materials may be considered to be part of the service. For example, the service of shipping includes the weight of packing materials. (9) (A) "Package", except as modified by Section 1 of the Application of the Uniform Packaging and Labeling Regulation, whether standard package or random package, means any commodity: (i) Enclosed in a container or wrapped in any manner in advance of wholesale or retail sale; or (ii) Whose weight or measure has been determined in advance of wholesale or retail sale. (B) An individual item or lot of any commodity on which there is marked a selling price based on an established price per unit of weight or of measure shall be considered a package. (10) "Person" means both plural and the singular, as the case demands, and includes individuals, partnerships, corporations, companies, societies, and associations. (11) "Primary standards" means the physical standards of the state that serve as the legal reference from which all other standards for weights and measures are derived. (12) "Random weight package" means a package that is one (1) of a lot, shipment, or delivery of packages of the same commodity with no fixed pattern of weights. (13) "Registered service agent" means any individual, agency, firm, company, or corporation that for hire, commission, or other payment of any kind installs, services, calibrates, repairs, or reconditions a commercial weighing or measuring device, and that registers with the Director of the Arkansas Bureau of Standards. (14) "Sale from bulk" means the sale of commodities when the quantity is determined at the time of sale. (15) "Secondary standards" means the physical standards that are traceable to the primary standards through comparisons, using acceptable laboratory procedures, and used in the enforcement of weights and measures laws and rules. (16) "Sell" or "sale" means to barter or exchange. (17) "Standard package" means a package that is one (1) of a lot, shipment, or delivery of packages of the same commodity with identical net contents declarations; for example, one (l) liter bottles or twelve (12) fluid ounce cans of carbonated soda; five hundred (500) gram or five (5) pound bags of sugar; one hundred (100) meters or three-hundred foot (300') packages of rope. (18) "Weight" as used in connection with any commodity or service means net weight. When a commodity is sold by drained weight, the term means net drained weight. (19) (A) "Weight(s) and measure(s)" means all weights and measures of every kind, instruments and devices for weighing and measuring, and any appliance and accessories associated with any or all instruments and devices. (B) The term "weight(s) and measure(s)" shall not be construed to include meters for the measurement of electricity, natural or manufactured gas, or water when they are operated in a public utility system. Electricity, gas, and water meters are specifically excluded from this section. Acts 2001, No. 587, § 1; 2005, No. 914, § 1.

For purposes of this subchapter:

(1) "Accurate" means a piece of equipment whose value or performance, including its indications, deliveries, records representations, capacity, or actual value, conforms to the standard within the applicable tolerances and other performance requirements.

(2) "Board" means the State Plant Board.

(3) "Commercial weighing and measuring equipment" means weights and measures and weighing and measuring devices commercially used or employed in establishing the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption, purchased, offered, or submitted for sale, hire, or award, or in computing any basic charge or payment for services rendered on the basis of weight or measure.

(4) "Commodity" means an article of commerce.

(5) "Correct" as used in connection with weights and measures means conformance to all applicable specification requirements of this subchapter.

(6) "Director" means the Director of the State Plant Board.

(7) "Investigator" means a state investigator of weights and measures.

(8) "Net mass" or "net weight" means the weight of a commodity excluding any materials, substances, or items not considered to be part of the commodity. Materials, substances, or items not considered to be part of the commodity include, but are not limited to, containers, conveyances, bags, wrappers, packaging materials, labels, individual piece coverings, decorative accompaniments, and coupons, except that, depending on the type of service rendered, packaging materials may be considered to be part of the service. For example, the service of shipping includes the weight of packing materials.

(9) (A) "Package", except as modified by Section 1 of the Application of the Uniform Packaging and Labeling Regulation, whether standard package or random package, means any commodity: (i) Enclosed in a container or wrapped in any manner in advance of wholesale or retail sale; or (ii) Whose weight or measure has been determined in advance of wholesale or retail sale. (B) An individual item or lot of any commodity on which there is marked a selling price based on an established price per unit of weight or of measure shall be considered a package.

(A) "Package", except as modified by Section 1 of the Application of the Uniform Packaging and Labeling Regulation, whether standard package or random package, means any commodity: (i) Enclosed in a container or wrapped in any manner in advance of wholesale or retail sale; or (ii) Whose weight or measure has been determined in advance of wholesale or retail sale.

(i) Enclosed in a container or wrapped in any manner in advance of wholesale or retail sale; or

(ii) Whose weight or measure has been determined in advance of wholesale or retail sale.

(B) An individual item or lot of any commodity on which there is marked a selling price based on an established price per unit of weight or of measure shall be considered a package.

(10) "Person" means both plural and the singular, as the case demands, and includes individuals, partnerships, corporations, companies, societies, and associations.

(11) "Primary standards" means the physical standards of the state that serve as the legal reference from which all other standards for weights and measures are derived.

(12) "Random weight package" means a package that is one (1) of a lot, shipment, or delivery of packages of the same commodity with no fixed pattern of weights.

(13) "Registered service agent" means any individual, agency, firm, company, or corporation that for hire, commission, or other payment of any kind installs, services, calibrates, repairs, or reconditions a commercial weighing or measuring device, and that registers with the Director of the Arkansas Bureau of Standards.

(14) "Sale from bulk" means the sale of commodities when the quantity is determined at the time of sale.

(15) "Secondary standards" means the physical standards that are traceable to the primary standards through comparisons, using acceptable laboratory procedures, and used in the enforcement of weights and measures laws and rules.

(16) "Sell" or "sale" means to barter or exchange.

(17) "Standard package" means a package that is one (1) of a lot, shipment, or delivery of packages of the same commodity with identical net contents declarations; for example, one (l) liter bottles or twelve (12) fluid ounce cans of carbonated soda; five hundred (500) gram or five (5) pound bags of sugar; one hundred (100) meters or three-hundred foot (300') packages of rope.

(18) "Weight" as used in connection with any commodity or service means net weight. When a commodity is sold by drained weight, the term means net drained weight.

(19) (A) "Weight(s) and measure(s)" means all weights and measures of every kind, instruments and devices for weighing and measuring, and any appliance and accessories associated with any or all instruments and devices. (B) The term "weight(s) and measure(s)" shall not be construed to include meters for the measurement of electricity, natural or manufactured gas, or water when they are operated in a public utility system. Electricity, gas, and water meters are specifically excluded from this section.

(A) "Weight(s) and measure(s)" means all weights and measures of every kind, instruments and devices for weighing and measuring, and any appliance and accessories associated with any or all instruments and devices.

(B) The term "weight(s) and measure(s)" shall not be construed to include meters for the measurement of electricity, natural or manufactured gas, or water when they are operated in a public utility system. Electricity, gas, and water meters are specifically excluded from this section.

Acts 2001, No. 587, § 1; 2005, No. 914, § 1.
Ark. Code Ann. § 4-100-103 — AR Code / Title 4 / Chapter 100 / Section 4-100-103
Prohibited practices
Status: in_force

(a) A person engages in an act of unlawful subleasing or transfer of a motor vehicle if all of the following conditions are met: (1) The vehicle is subject to a lease contract, an installment sales agreement, or a security agreement, the terms of which prohibit the transfer or assignment of any right or interest in the vehicle or under the lease contract, installment sales agreement, or security agreement without consent of the lessor, seller, or secured party; (2) The person is not a party to the lease contract, installment sales agreement, or security agreement; (3) The person transfers or assigns, or purports to transfer or assign, a right or an interest in the vehicle to a person who is not a party to the lease contract, installment sales agreement, or security agreement; (4) The person does not obtain, before the transfer or assignment described in subdivision (a)(3) of this section, written consent to the transfer or assignment from the vehicle's lessor, seller, or secured party; and (5) The person receives compensation or some other consideration for the transfer or assignment described in subdivision (a)(3) of this section. (b) A person engages in an act of unlawful subleasing or transfer of a motor vehicle when the person is not a party to the lease contract, installment sales agreement, or security agreement and assists, causes, or arranges an actual or purported transfer or assignment described as a violation of this subchapter. (c) It is not a defense to prosecution under this subchapter that the motor vehicle's owner has violated a contract creating a security interest, lease, or lien in the motor vehicle. Acts 1993, No. 1042, § 2.

(a) A person engages in an act of unlawful subleasing or transfer of a motor vehicle if all of the following conditions are met: (1) The vehicle is subject to a lease contract, an installment sales agreement, or a security agreement, the terms of which prohibit the transfer or assignment of any right or interest in the vehicle or under the lease contract, installment sales agreement, or security agreement without consent of the lessor, seller, or secured party; (2) The person is not a party to the lease contract, installment sales agreement, or security agreement; (3) The person transfers or assigns, or purports to transfer or assign, a right or an interest in the vehicle to a person who is not a party to the lease contract, installment sales agreement, or security agreement; (4) The person does not obtain, before the transfer or assignment described in subdivision (a)(3) of this section, written consent to the transfer or assignment from the vehicle's lessor, seller, or secured party; and (5) The person receives compensation or some other consideration for the transfer or assignment described in subdivision (a)(3) of this section.

(1) The vehicle is subject to a lease contract, an installment sales agreement, or a security agreement, the terms of which prohibit the transfer or assignment of any right or interest in the vehicle or under the lease contract, installment sales agreement, or security agreement without consent of the lessor, seller, or secured party;

(2) The person is not a party to the lease contract, installment sales agreement, or security agreement;

(3) The person transfers or assigns, or purports to transfer or assign, a right or an interest in the vehicle to a person who is not a party to the lease contract, installment sales agreement, or security agreement;

(4) The person does not obtain, before the transfer or assignment described in subdivision (a)(3) of this section, written consent to the transfer or assignment from the vehicle's lessor, seller, or secured party; and

(5) The person receives compensation or some other consideration for the transfer or assignment described in subdivision (a)(3) of this section.

(b) A person engages in an act of unlawful subleasing or transfer of a motor vehicle when the person is not a party to the lease contract, installment sales agreement, or security agreement and assists, causes, or arranges an actual or purported transfer or assignment described as a violation of this subchapter.

(c) It is not a defense to prosecution under this subchapter that the motor vehicle's owner has violated a contract creating a security interest, lease, or lien in the motor vehicle.

Acts 1993, No. 1042, § 2.
Ark. Code Ann. § 4-88-106 — AR Code / Title 4 / Chapter 88 / Subchapter 1 / Section 4-88-106
Consumer Advisory Board
Status: in_force

(a) There may be a Consumer Advisory Board appointed by the Attorney General. (b) (1) If the Attorney General appoints such a board, it shall consist of eleven (11) members serving terms of two (2) years. (2) The membership of the board shall be fairly representative of consumers, manufacturers, the Better Business Bureau, labor organizations, retailers, agriculture, and trade and professional associations. (3) Each member shall serve without pay, but may be reimbursed for expenses in accordance with § 25-16-901 et seq. (c) The chair of the board shall be elected by the members. (d) The board may assist and advise the Consumer Counsel of Arkansas with respect to: (1) Policy matters relating to consumer interests; (2) Improvement in the effectiveness of state consumer programs and operations; and (3) Needed changes in law to improve consumer protection in Arkansas. Acts 1971, No. 92, § 3; A.S.A. 1947, § 70-903; Acts 1991, No. 1177, § 3; 1997, No. 250, § 11.

(a) There may be a Consumer Advisory Board appointed by the Attorney General.

(b) (1) If the Attorney General appoints such a board, it shall consist of eleven (11) members serving terms of two (2) years. (2) The membership of the board shall be fairly representative of consumers, manufacturers, the Better Business Bureau, labor organizations, retailers, agriculture, and trade and professional associations. (3) Each member shall serve without pay, but may be reimbursed for expenses in accordance with § 25-16-901 et seq.

(1) If the Attorney General appoints such a board, it shall consist of eleven (11) members serving terms of two (2) years.

(2) The membership of the board shall be fairly representative of consumers, manufacturers, the Better Business Bureau, labor organizations, retailers, agriculture, and trade and professional associations.

(3) Each member shall serve without pay, but may be reimbursed for expenses in accordance with § 25-16-901 et seq.

(c) The chair of the board shall be elected by the members.

(d) The board may assist and advise the Consumer Counsel of Arkansas with respect to: (1) Policy matters relating to consumer interests; (2) Improvement in the effectiveness of state consumer programs and operations; and (3) Needed changes in law to improve consumer protection in Arkansas.

(1) Policy matters relating to consumer interests;

(2) Improvement in the effectiveness of state consumer programs and operations; and

(3) Needed changes in law to improve consumer protection in Arkansas.

Acts 1971, No. 92, § 3; A.S.A. 1947, § 70-903; Acts 1991, No. 1177, § 3; 1997, No. 250, § 11.
Ark. Code Ann. § 4-28-403 — AR Code / Title 4 / Chapter 28 / Subchapter 4 / Section 4-28-403
Annual financial reports and fiscal records
Status: in_force

(a) (1) (A) Each charitable organization subject to this subchapter shall file with the Secretary of State an annual financial report on forms prescribed by the Secretary of State no later than one hundred eighty (180) days after the last date of the charitable organization's fiscal year. (B) The annual financial report described in subdivision (a)(1)(A) of this section shall be accompanied by a copy of all tax or information returns, including all schedules and amendments, submitted by the charitable organization to the Internal Revenue Service for the previous reporting year, except any schedules of contributors to the organization. (2) A charitable organization which maintains its books on other than a calendar-year basis, upon application to the Secretary of State, may be permitted to file the annual financial report described in subdivision (a)(1)(A) of this section with its tax or information returns referred to in subdivision (a)(1)(B) of this section within six (6) months after the close of its fiscal year. (b) (1) A charitable organization with contributions in excess of one million dollars ($1,000,000) during its preceding fiscal year shall file an audited financial statement prepared by an independent certified public accountant. (2) A charitable organization with contributions in excess of five hundred thousand dollars ($500,000) but less than one million dollars ($1,000,000) during its preceding fiscal year shall have its financial statement reviewed by an independent certified public accountant. (3) For purposes of this section, "contribution" does not include a: (A) Bequest to a charitable organization that is received from a decedent's estate; or (B) Testamentary distribution to a charitable organization that is received from a trust. (c) Charitable organizations that are required to register with the Secretary of State but are not required to file an information or tax return with the Internal Revenue Service should submit in lieu of the information or tax return an annual report on forms to be provided by the Secretary of State. (d) (1) The Secretary of State may grant an extension of time not to exceed six (6) months for the filing of the tax records and other reports required by this section upon the charitable organization's filing a notice that states the need for an extension. (2) The Secretary of State may grant a charitable organization an additional three (3) months extension of time under subdivision (d)(1) of this section upon written request by the charitable organization. (e) (1) Every charitable organization subject to the provisions of this subchapter shall keep a full and true record in such form as will enable the charitable organization accurately to provide the information required by this subchapter. (2) All the records shall be open to inspection and copying at all times by the Secretary of State and the Attorney General. (3) The charitable organization shall retain records for at least five (5) years after the end of the fiscal year to which they relate. (4) (A) Any donor lists obtained under this subsection are not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., without a court order authorizing the disclosure. (B) However, donor lists and other records obtained under this subsection may be disclosed to other law enforcement agencies. Amended by Act 2023, No. 708,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 338,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 338,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 137,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 727,§ 2, eff. 1/1/2018. Acts 1999, No. 1198, § 3.

(a) (1) (A) Each charitable organization subject to this subchapter shall file with the Secretary of State an annual financial report on forms prescribed by the Secretary of State no later than one hundred eighty (180) days after the last date of the charitable organization's fiscal year. (B) The annual financial report described in subdivision (a)(1)(A) of this section shall be accompanied by a copy of all tax or information returns, including all schedules and amendments, submitted by the charitable organization to the Internal Revenue Service for the previous reporting year, except any schedules of contributors to the organization. (2) A charitable organization which maintains its books on other than a calendar-year basis, upon application to the Secretary of State, may be permitted to file the annual financial report described in subdivision (a)(1)(A) of this section with its tax or information returns referred to in subdivision (a)(1)(B) of this section within six (6) months after the close of its fiscal year.

(1) (A) Each charitable organization subject to this subchapter shall file with the Secretary of State an annual financial report on forms prescribed by the Secretary of State no later than one hundred eighty (180) days after the last date of the charitable organization's fiscal year. (B) The annual financial report described in subdivision (a)(1)(A) of this section shall be accompanied by a copy of all tax or information returns, including all schedules and amendments, submitted by the charitable organization to the Internal Revenue Service for the previous reporting year, except any schedules of contributors to the organization.

(A) Each charitable organization subject to this subchapter shall file with the Secretary of State an annual financial report on forms prescribed by the Secretary of State no later than one hundred eighty (180) days after the last date of the charitable organization's fiscal year.

(B) The annual financial report described in subdivision (a)(1)(A) of this section shall be accompanied by a copy of all tax or information returns, including all schedules and amendments, submitted by the charitable organization to the Internal Revenue Service for the previous reporting year, except any schedules of contributors to the organization.

(2) A charitable organization which maintains its books on other than a calendar-year basis, upon application to the Secretary of State, may be permitted to file the annual financial report described in subdivision (a)(1)(A) of this section with its tax or information returns referred to in subdivision (a)(1)(B) of this section within six (6) months after the close of its fiscal year.

(b) (1) A charitable organization with contributions in excess of one million dollars ($1,000,000) during its preceding fiscal year shall file an audited financial statement prepared by an independent certified public accountant. (2) A charitable organization with contributions in excess of five hundred thousand dollars ($500,000) but less than one million dollars ($1,000,000) during its preceding fiscal year shall have its financial statement reviewed by an independent certified public accountant. (3) For purposes of this section, "contribution" does not include a: (A) Bequest to a charitable organization that is received from a decedent's estate; or (B) Testamentary distribution to a charitable organization that is received from a trust.

(1) A charitable organization with contributions in excess of one million dollars ($1,000,000) during its preceding fiscal year shall file an audited financial statement prepared by an independent certified public accountant.

(2) A charitable organization with contributions in excess of five hundred thousand dollars ($500,000) but less than one million dollars ($1,000,000) during its preceding fiscal year shall have its financial statement reviewed by an independent certified public accountant.

(3) For purposes of this section, "contribution" does not include a: (A) Bequest to a charitable organization that is received from a decedent's estate; or (B) Testamentary distribution to a charitable organization that is received from a trust.

(A) Bequest to a charitable organization that is received from a decedent's estate; or

(B) Testamentary distribution to a charitable organization that is received from a trust.

(c) Charitable organizations that are required to register with the Secretary of State but are not required to file an information or tax return with the Internal Revenue Service should submit in lieu of the information or tax return an annual report on forms to be provided by the Secretary of State.

(d) (1) The Secretary of State may grant an extension of time not to exceed six (6) months for the filing of the tax records and other reports required by this section upon the charitable organization's filing a notice that states the need for an extension. (2) The Secretary of State may grant a charitable organization an additional three (3) months extension of time under subdivision (d)(1) of this section upon written request by the charitable organization.

(1) The Secretary of State may grant an extension of time not to exceed six (6) months for the filing of the tax records and other reports required by this section upon the charitable organization's filing a notice that states the need for an extension.

(2) The Secretary of State may grant a charitable organization an additional three (3) months extension of time under subdivision (d)(1) of this section upon written request by the charitable organization.

(e) (1) Every charitable organization subject to the provisions of this subchapter shall keep a full and true record in such form as will enable the charitable organization accurately to provide the information required by this subchapter. (2) All the records shall be open to inspection and copying at all times by the Secretary of State and the Attorney General. (3) The charitable organization shall retain records for at least five (5) years after the end of the fiscal year to which they relate. (4) (A) Any donor lists obtained under this subsection are not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., without a court order authorizing the disclosure. (B) However, donor lists and other records obtained under this subsection may be disclosed to other law enforcement agencies.

(1) Every charitable organization subject to the provisions of this subchapter shall keep a full and true record in such form as will enable the charitable organization accurately to provide the information required by this subchapter.

(2) All the records shall be open to inspection and copying at all times by the Secretary of State and the Attorney General.

(3) The charitable organization shall retain records for at least five (5) years after the end of the fiscal year to which they relate.

(4) (A) Any donor lists obtained under this subsection are not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., without a court order authorizing the disclosure. (B) However, donor lists and other records obtained under this subsection may be disclosed to other law enforcement agencies.

(A) Any donor lists obtained under this subsection are not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., without a court order authorizing the disclosure.

(B) However, donor lists and other records obtained under this subsection may be disclosed to other law enforcement agencies.

Amended by Act 2023, No. 708,§ 1, eff. 8/1/2023.

Amended by Act 2023, No. 338,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 338,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 137,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 727,§ 2, eff. 1/1/2018.

Acts 1999, No. 1198, § 3.
Ark. Code Ann. § 4-20-118 — AR Code / Title 4 / Chapter 20 / Section 4-20-118
Savings clause
Status: in_force

This chapter does not affect an action or proceeding commenced or right accrued before the effective date of this chapter. Acts 2007, No. 638, § 1.

This chapter does not affect an action or proceeding commenced or right accrued before the effective date of this chapter.

Acts 2007, No. 638, § 1.
Ark. Code Ann. § 4-28-208 — AR Code / Title 4 / Chapter 28 / Subchapter 2 / Section 4-28-208
Private foundations - Amendment of articles of incorporation by operation of law
Status: in_force

(a) Notwithstanding any provision in the laws of this state, including the provisions of the Arkansas Nonprofit Corporation Act, §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 , or in the articles of incorporation to the contrary, except as provided in subsection (c) of this section, the articles of incorporation of each corporation which is a "private foundation" as defined in section 509 of the Internal Revenue Code of 1954, 26 U.S.C. § 509 , shall be deemed to contain the following provisions: "The corporation shall make distributions at such time and in such manner as not to become subject to the tax on undistributed income imposed by section 4942 of the Internal Revenue Code of 1954; the corporation shall not engage in any act of self-dealing (as defined in section 4941(d) of the Code) which would subject it to tax under section 4941 of the Code; the corporation shall not retain any excess business holdings (as defined in section 4943(c) of the Code) which would subject it to tax under section 4943 of the Code; the corporation shall not make any investments in such manner as to subject it to tax under section 4944 of the Code; and the corporation shall not make any taxable expenditures (as defined in section 4945(d) of the Code) which would subject it to tax under section 4945 of the Code." (b) With respect to any such corporation organized prior to January 1, 1970, subsection (a) of this section shall apply only for its taxable years beginning on or after January 1, 1972. (c) The articles of incorporation of any corporation described in subsection (a) of this section may be amended to expressly exclude the application of this section, and in the event of amendment, this section shall not apply to that corporation. (d) Nothing contained in this section shall impair the rights and powers of the courts or any officer, agency, or department of this state with respect to any corporation. (e) As used in this section, unless the context requires otherwise, all references to "the Code" are to the Internal Revenue Code of 1954, 26 U.S.C. § 1 et seq., and all references to specific sections of the Code include future amendments to the sections and corresponding provisions of any future federal tax laws. Acts 1971, No. 728, §§ 1, 3; A.S.A. 1947, §§ 64-1922, 64-1923.

(a) Notwithstanding any provision in the laws of this state, including the provisions of the Arkansas Nonprofit Corporation Act, §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 , or in the articles of incorporation to the contrary, except as provided in subsection (c) of this section, the articles of incorporation of each corporation which is a "private foundation" as defined in section 509 of the Internal Revenue Code of 1954, 26 U.S.C. § 509 , shall be deemed to contain the following provisions: "The corporation shall make distributions at such time and in such manner as not to become subject to the tax on undistributed income imposed by section 4942 of the Internal Revenue Code of 1954; the corporation shall not engage in any act of self-dealing (as defined in section 4941(d) of the Code) which would subject it to tax under section 4941 of the Code; the corporation shall not retain any excess business holdings (as defined in section 4943(c) of the Code) which would subject it to tax under section 4943 of the Code; the corporation shall not make any investments in such manner as to subject it to tax under section 4944 of the Code; and the corporation shall not make any taxable expenditures (as defined in section 4945(d) of the Code) which would subject it to tax under section 4945 of the Code."

"The corporation shall make distributions at such time and in such manner as not to become subject to the tax on undistributed income imposed by section 4942 of the Internal Revenue Code of 1954; the corporation shall not engage in any act of self-dealing (as defined in section 4941(d) of the Code) which would subject it to tax under section 4941 of the Code; the corporation shall not retain any excess business holdings (as defined in section 4943(c) of the Code) which would subject it to tax under section 4943 of the Code; the corporation shall not make any investments in such manner as to subject it to tax under section 4944 of the Code; and the corporation shall not make any taxable expenditures (as defined in section 4945(d) of the Code) which would subject it to tax under section 4945 of the Code."

(b) With respect to any such corporation organized prior to January 1, 1970, subsection (a) of this section shall apply only for its taxable years beginning on or after January 1, 1972.

(c) The articles of incorporation of any corporation described in subsection (a) of this section may be amended to expressly exclude the application of this section, and in the event of amendment, this section shall not apply to that corporation.

(d) Nothing contained in this section shall impair the rights and powers of the courts or any officer, agency, or department of this state with respect to any corporation.

(e) As used in this section, unless the context requires otherwise, all references to "the Code" are to the Internal Revenue Code of 1954, 26 U.S.C. § 1 et seq., and all references to specific sections of the Code include future amendments to the sections and corresponding provisions of any future federal tax laws.

Acts 1971, No. 728, §§ 1, 3; A.S.A. 1947, §§ 64-1922, 64-1923.
Ark. Code Ann. § 4-28-304 — AR Code / Title 4 / Chapter 28 / Subchapter 3 / Section 4-28-304
Domestic corporations - Adoption of plan of merger or consolidation - Abandonment
Status: in_force

(a) A plan of merger or consolidation of domestic corporations shall be adopted in the following manner: (1) (A) Where the members of any merging or consolidating corporation have voting rights, the board of directors of the corporations shall adopt a resolution approving the proposed plan and directing that it be submitted to a vote at the meeting of members having voting rights, which may be either an annual or a special meeting. (B) Written or printed notice setting forth the proposed plan or a summary thereof shall be given within a reasonable time before the meeting to each member entitled to a vote at the meeting. (C) The proposed plan shall be adopted upon receiving at least two-thirds (2/3) of the votes which members present at the meeting in person or by proxy are entitled to cast, unless any class of members is entitled to vote as a class thereon by the terms of the articles of incorporation or of the bylaws, in which event as to such corporations the proposed plan shall not be adopted unless it also receives at least two-thirds (2/3) of the votes which members of each such class who are present at the meeting in person or by proxy are entitled to cast; and (2) Where any merging or consolidating corporation has no members or no members having voting rights, a plan of merger or consolidation shall be adopted at a meeting of the board of directors of that corporation upon receiving the vote of a majority of the directors in office. (b) After approval, and at any time prior to the filing of the articles of merger or consolidation, the merger or consolidation may be abandoned pursuant to provisions therefor, if any, set forth in the plan of merger or consolidation. Acts 1983, No. 614, § 3; A.S.A. 1947, § 64-1927.

(a) A plan of merger or consolidation of domestic corporations shall be adopted in the following manner: (1) (A) Where the members of any merging or consolidating corporation have voting rights, the board of directors of the corporations shall adopt a resolution approving the proposed plan and directing that it be submitted to a vote at the meeting of members having voting rights, which may be either an annual or a special meeting. (B) Written or printed notice setting forth the proposed plan or a summary thereof shall be given within a reasonable time before the meeting to each member entitled to a vote at the meeting. (C) The proposed plan shall be adopted upon receiving at least two-thirds (2/3) of the votes which members present at the meeting in person or by proxy are entitled to cast, unless any class of members is entitled to vote as a class thereon by the terms of the articles of incorporation or of the bylaws, in which event as to such corporations the proposed plan shall not be adopted unless it also receives at least two-thirds (2/3) of the votes which members of each such class who are present at the meeting in person or by proxy are entitled to cast; and (2) Where any merging or consolidating corporation has no members or no members having voting rights, a plan of merger or consolidation shall be adopted at a meeting of the board of directors of that corporation upon receiving the vote of a majority of the directors in office.

(1) (A) Where the members of any merging or consolidating corporation have voting rights, the board of directors of the corporations shall adopt a resolution approving the proposed plan and directing that it be submitted to a vote at the meeting of members having voting rights, which may be either an annual or a special meeting. (B) Written or printed notice setting forth the proposed plan or a summary thereof shall be given within a reasonable time before the meeting to each member entitled to a vote at the meeting. (C) The proposed plan shall be adopted upon receiving at least two-thirds (2/3) of the votes which members present at the meeting in person or by proxy are entitled to cast, unless any class of members is entitled to vote as a class thereon by the terms of the articles of incorporation or of the bylaws, in which event as to such corporations the proposed plan shall not be adopted unless it also receives at least two-thirds (2/3) of the votes which members of each such class who are present at the meeting in person or by proxy are entitled to cast; and

(A) Where the members of any merging or consolidating corporation have voting rights, the board of directors of the corporations shall adopt a resolution approving the proposed plan and directing that it be submitted to a vote at the meeting of members having voting rights, which may be either an annual or a special meeting.

(B) Written or printed notice setting forth the proposed plan or a summary thereof shall be given within a reasonable time before the meeting to each member entitled to a vote at the meeting.

(C) The proposed plan shall be adopted upon receiving at least two-thirds (2/3) of the votes which members present at the meeting in person or by proxy are entitled to cast, unless any class of members is entitled to vote as a class thereon by the terms of the articles of incorporation or of the bylaws, in which event as to such corporations the proposed plan shall not be adopted unless it also receives at least two-thirds (2/3) of the votes which members of each such class who are present at the meeting in person or by proxy are entitled to cast; and

(2) Where any merging or consolidating corporation has no members or no members having voting rights, a plan of merger or consolidation shall be adopted at a meeting of the board of directors of that corporation upon receiving the vote of a majority of the directors in office.

(b) After approval, and at any time prior to the filing of the articles of merger or consolidation, the merger or consolidation may be abandoned pursuant to provisions therefor, if any, set forth in the plan of merger or consolidation.

Acts 1983, No. 614, § 3; A.S.A. 1947, § 64-1927.
Ark. Code Ann. § 4-90-413 — AR Code / Title 4 / Chapter 90 / Subchapter 4 / Section 4-90-413
Affirmative defenses
Status: in_force

It is an affirmative defense to any claim under this subchapter that: (1) The nonconformity, defect, or condition does not substantially impair the use, value, or safety of the motor vehicle; (2) The nonconformity, defect, or condition is the result of an accident, abuse, neglect, or unauthorized modification or alteration of the motor vehicle by persons other than the manufacturer, its agent, or authorized dealer; (3) The claim by the consumer was not filed in good faith; or (4) Any other defense allowed by law that may be raised against the claim. Acts 1993, No. 285, § 15; 1993, No. 297, § 15.

It is an affirmative defense to any claim under this subchapter that:

(1) The nonconformity, defect, or condition does not substantially impair the use, value, or safety of the motor vehicle;

(2) The nonconformity, defect, or condition is the result of an accident, abuse, neglect, or unauthorized modification or alteration of the motor vehicle by persons other than the manufacturer, its agent, or authorized dealer;

(3) The claim by the consumer was not filed in good faith; or

(4) Any other defense allowed by law that may be raised against the claim.

Acts 1993, No. 285, § 15; 1993, No. 297, § 15.
Ark. Code Ann. § 4-37-608 — AR Code / Title 4 / Chapter 37 / Subchapter 6 / Section 4-37-608
Application of Section 4-37-404 after merger
Status: in_force

(a) A creditor's right that existed under § 4-37-404 immediately before a merger under § 4-37-604 may be enforced after the merger in accordance with the following rules: (1) A creditor's right that existed immediately before the merger against the surviving company, a continuing protected series, or a relocated protected series continues without change after the merger. (2) A creditor's right that existed immediately before the merger against a nonsurviving company: (A) may be asserted against an asset of the non-surviving company which vested in the surviving company as a result of the merger; and (B) does not otherwise change. (3) Subject to subsection (b), the following rules apply: (A) In addition to the remedy stated in subdivision (a)(1), a creditor with a right under § 4-37-404 which existed immediately before the merger against a non-surviving company or a relocated protected series may assert the right against: (i) an asset of the surviving company, other than an asset of the non-surviving company which vested in the surviving company as a result of the merger; (ii) an asset of a continuing protected series; or (iii) an asset of a protected series established by the surviving company as a result of the merger; (iv) if the creditor's right was against an asset of the non-surviving company, an asset of a relocated series; or (v) if the creditor's right was against an asset of a relocated protected series, an asset of another relocated protected series. (B) In addition to the remedy stated in subdivision (a)(2), a creditor with a right that existed immediately before the merger against the surviving company or a continuing protected series may assert the right against: (i) an asset of a relocated protected series; or (ii) an asset of a non-surviving company which vested in the surviving company as a result of the merger. (b) For the purposes of subdivision (a)(3) and § 4-37-404(b)(1)(A) , § 4-37-404(b)(2)(A) , and § 4-37-404(b)(3)(A) , the incurrence date is deemed be the date on which the merger becomes effective. (c) A merger under § 4-37-604 does not affect the manner in which § 4-37-404 applies to a liability incurred after the merger. Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.

(a) A creditor's right that existed under § 4-37-404 immediately before a merger under § 4-37-604 may be enforced after the merger in accordance with the following rules: (1) A creditor's right that existed immediately before the merger against the surviving company, a continuing protected series, or a relocated protected series continues without change after the merger. (2) A creditor's right that existed immediately before the merger against a nonsurviving company: (A) may be asserted against an asset of the non-surviving company which vested in the surviving company as a result of the merger; and (B) does not otherwise change. (3) Subject to subsection (b), the following rules apply: (A) In addition to the remedy stated in subdivision (a)(1), a creditor with a right under § 4-37-404 which existed immediately before the merger against a non-surviving company or a relocated protected series may assert the right against: (i) an asset of the surviving company, other than an asset of the non-surviving company which vested in the surviving company as a result of the merger; (ii) an asset of a continuing protected series; or (iii) an asset of a protected series established by the surviving company as a result of the merger; (iv) if the creditor's right was against an asset of the non-surviving company, an asset of a relocated series; or (v) if the creditor's right was against an asset of a relocated protected series, an asset of another relocated protected series. (B) In addition to the remedy stated in subdivision (a)(2), a creditor with a right that existed immediately before the merger against the surviving company or a continuing protected series may assert the right against: (i) an asset of a relocated protected series; or (ii) an asset of a non-surviving company which vested in the surviving company as a result of the merger.

(1) A creditor's right that existed immediately before the merger against the surviving company, a continuing protected series, or a relocated protected series continues without change after the merger.

(2) A creditor's right that existed immediately before the merger against a nonsurviving company: (A) may be asserted against an asset of the non-surviving company which vested in the surviving company as a result of the merger; and (B) does not otherwise change.

(A) may be asserted against an asset of the non-surviving company which vested in the surviving company as a result of the merger; and

(B) does not otherwise change.

(3) Subject to subsection (b), the following rules apply: (A) In addition to the remedy stated in subdivision (a)(1), a creditor with a right under § 4-37-404 which existed immediately before the merger against a non-surviving company or a relocated protected series may assert the right against: (i) an asset of the surviving company, other than an asset of the non-surviving company which vested in the surviving company as a result of the merger; (ii) an asset of a continuing protected series; or (iii) an asset of a protected series established by the surviving company as a result of the merger; (iv) if the creditor's right was against an asset of the non-surviving company, an asset of a relocated series; or (v) if the creditor's right was against an asset of a relocated protected series, an asset of another relocated protected series. (B) In addition to the remedy stated in subdivision (a)(2), a creditor with a right that existed immediately before the merger against the surviving company or a continuing protected series may assert the right against: (i) an asset of a relocated protected series; or (ii) an asset of a non-surviving company which vested in the surviving company as a result of the merger.

(A) In addition to the remedy stated in subdivision (a)(1), a creditor with a right under § 4-37-404 which existed immediately before the merger against a non-surviving company or a relocated protected series may assert the right against: (i) an asset of the surviving company, other than an asset of the non-surviving company which vested in the surviving company as a result of the merger; (ii) an asset of a continuing protected series; or (iii) an asset of a protected series established by the surviving company as a result of the merger; (iv) if the creditor's right was against an asset of the non-surviving company, an asset of a relocated series; or (v) if the creditor's right was against an asset of a relocated protected series, an asset of another relocated protected series.

(i) an asset of the surviving company, other than an asset of the non-surviving company which vested in the surviving company as a result of the merger;

(ii) an asset of a continuing protected series; or

(iii) an asset of a protected series established by the surviving company as a result of the merger;

(iv) if the creditor's right was against an asset of the non-surviving company, an asset of a relocated series; or

(v) if the creditor's right was against an asset of a relocated protected series, an asset of another relocated protected series.

(B) In addition to the remedy stated in subdivision (a)(2), a creditor with a right that existed immediately before the merger against the surviving company or a continuing protected series may assert the right against: (i) an asset of a relocated protected series; or (ii) an asset of a non-surviving company which vested in the surviving company as a result of the merger.

(i) an asset of a relocated protected series; or

(ii) an asset of a non-surviving company which vested in the surviving company as a result of the merger.

(b) For the purposes of subdivision (a)(3) and § 4-37-404(b)(1)(A) , § 4-37-404(b)(2)(A) , and § 4-37-404(b)(3)(A) , the incurrence date is deemed be the date on which the merger becomes effective.

(c) A merger under § 4-37-604 does not affect the manner in which § 4-37-404 applies to a liability incurred after the merger.

Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 4-112-102 — AR Code / Title 4 / Chapter 112 / Section 4-112-102
Definitions
Status: in_force

As used in this chapter: (1) "Consumer" means an individual; (2) "Consumer report" means the same as defined in 15 U.S.C. § 1681a(d) as it existed on January 1, 2009; (3) "Consumer reporting agency" means the same as defined in 15 U.S.C. § 1681a(f) as it existed on January 1, 2009; (4) "Credit report" means a consumer report that a consumer reporting agency furnishes to a person that it has reason to believe intends to use the consumer report as a factor in establishing the consumer's eligibility for credit to be used primarily for personal, family, or household purposes; (5) "Proper identification" means the same as defined in 15 U.S.C. § 1681h(a)(1) as it existed on January 1, 2009; (6) "Security freeze" means a notice placed in a credit report of a consumer at the request of the consumer that prohibits a consumer reporting agency from releasing the credit report or credit score of the consumer in response to a request to open a new account or to extend credit; and (7) (A) "Victim of identity theft" means a consumer who supplies to a consumer reporting agency in conjunction with a request for a security freeze a copy of a valid investigative report, an incident report, or a complaint with a law enforcement agency alleging the unlawful use of the consumer's identifying information by another person. (B) The copy of the valid investigative report, the incident report, or the complaint with a law enforcement agency may be transmitted to the consumer reporting agency by mail or secure electronic connection or secure electronic mail connection if the connection is made available by the consumer reporting agency. Acts 2007, No. 391, § 1; 2009, No. 223, § 1.

As used in this chapter:

(1) "Consumer" means an individual;

(2) "Consumer report" means the same as defined in 15 U.S.C. § 1681a(d) as it existed on January 1, 2009;

(3) "Consumer reporting agency" means the same as defined in 15 U.S.C. § 1681a(f) as it existed on January 1, 2009;

(4) "Credit report" means a consumer report that a consumer reporting agency furnishes to a person that it has reason to believe intends to use the consumer report as a factor in establishing the consumer's eligibility for credit to be used primarily for personal, family, or household purposes;

(5) "Proper identification" means the same as defined in 15 U.S.C. § 1681h(a)(1) as it existed on January 1, 2009;

(6) "Security freeze" means a notice placed in a credit report of a consumer at the request of the consumer that prohibits a consumer reporting agency from releasing the credit report or credit score of the consumer in response to a request to open a new account or to extend credit; and

(7) (A) "Victim of identity theft" means a consumer who supplies to a consumer reporting agency in conjunction with a request for a security freeze a copy of a valid investigative report, an incident report, or a complaint with a law enforcement agency alleging the unlawful use of the consumer's identifying information by another person. (B) The copy of the valid investigative report, the incident report, or the complaint with a law enforcement agency may be transmitted to the consumer reporting agency by mail or secure electronic connection or secure electronic mail connection if the connection is made available by the consumer reporting agency.

(A) "Victim of identity theft" means a consumer who supplies to a consumer reporting agency in conjunction with a request for a security freeze a copy of a valid investigative report, an incident report, or a complaint with a law enforcement agency alleging the unlawful use of the consumer's identifying information by another person.

(B) The copy of the valid investigative report, the incident report, or the complaint with a law enforcement agency may be transmitted to the consumer reporting agency by mail or secure electronic connection or secure electronic mail connection if the connection is made available by the consumer reporting agency.

Acts 2007, No. 391, § 1; 2009, No. 223, § 1.
Ark. Code Ann. § 4-28-627 — AR Code / Title 4 / Chapter 28 / Subchapter 6 / Section 4-28-627
Reimbursement; Indemnification; Advancement of expenses
Status: in_force

(a) Except as otherwise provided in the governing principles, an unincorporated nonprofit association shall reimburse a member or manager for authorized expenses reasonably incurred in the course of the member's or manager's activities on behalf of the association. (b) An unincorporated nonprofit association may indemnify a member or manager for any debt, obligation, or other liability incurred in the course of the member's or manager's activities on behalf of the association if the person seeking indemnification has complied with §§ 4-28-618 and 4-28-623 . Governing principles in a record may broaden or limit indemnification. (c) If a person is made or threatened to be made a party in an action based on that person's activities on behalf of an unincorporated nonprofit association and the person makes a request in a record to the association, a majority of the disinterested managers may approve in a record advance payment, or reimbursement, by the association, of all or a part of the reasonable expenses, including attorney's fees and costs, incurred by the person before the final disposition of the proceeding. To be entitled to an advance payment or reimbursement, the person must state in a record that the person has a good faith belief that the criteria for indemnification in subsection (b) have been satisfied and that the person will repay the amounts advanced or reimbursed if the criteria for payment have not been satisfied. The governing principles in a record may broaden or limit the advance payments or reimbursements. (d) An unincorporated nonprofit association may purchase insurance on behalf of a member or manager for liability asserted against or incurred by the member or manager in the capacity of a member or manager, whether or not the association has authority under this subchapter to reimburse, indemnify, or advance expenses to the member or manager against the liability. (e) The rights of reimbursement, indemnification, and advancement of expenses under this section apply to a former member or manager for an activity undertaken on behalf of the unincorporated nonprofit association while a member or manager. Acts 2011, No. 202, § 2.

(a) Except as otherwise provided in the governing principles, an unincorporated nonprofit association shall reimburse a member or manager for authorized expenses reasonably incurred in the course of the member's or manager's activities on behalf of the association.

(b) An unincorporated nonprofit association may indemnify a member or manager for any debt, obligation, or other liability incurred in the course of the member's or manager's activities on behalf of the association if the person seeking indemnification has complied with §§ 4-28-618 and 4-28-623 . Governing principles in a record may broaden or limit indemnification.

(c) If a person is made or threatened to be made a party in an action based on that person's activities on behalf of an unincorporated nonprofit association and the person makes a request in a record to the association, a majority of the disinterested managers may approve in a record advance payment, or reimbursement, by the association, of all or a part of the reasonable expenses, including attorney's fees and costs, incurred by the person before the final disposition of the proceeding. To be entitled to an advance payment or reimbursement, the person must state in a record that the person has a good faith belief that the criteria for indemnification in subsection (b) have been satisfied and that the person will repay the amounts advanced or reimbursed if the criteria for payment have not been satisfied. The governing principles in a record may broaden or limit the advance payments or reimbursements.

(d) An unincorporated nonprofit association may purchase insurance on behalf of a member or manager for liability asserted against or incurred by the member or manager in the capacity of a member or manager, whether or not the association has authority under this subchapter to reimburse, indemnify, or advance expenses to the member or manager against the liability.

(e) The rights of reimbursement, indemnification, and advancement of expenses under this section apply to a former member or manager for an activity undertaken on behalf of the unincorporated nonprofit association while a member or manager.

Acts 2011, No. 202, § 2.
Ark. Code Ann. § 4-47-1302 — AR Code / Title 4 / Chapter 47 / Subchapter 13 / Section 4-47-1302
Fees for limited liability limited partnerships
Status: in_force

(a) The Secretary of State shall collect the following fees when the documents described in this subsection are delivered to him or her for filing: Document Fee (1) Application for Registration of Limited Liability Limited Partnership ........ .....................................$50.00 (2) Amendment of Certificate of Limited Liability Limited Partnership (includes change or withdrawal of general partner) ..................................... ......................................25.00 (3) Restatement of Certificate of Limited Liability Limited Partnership........... ......................................25.00 (4) Withdrawal of Domestic Limited Liability Limited Partnership................ ......................................25.00 (5) Application for Certificate of Authority by Foreign Limited Liability Limited Partnership ............................................................................... .....................................300.00 (6) Application for Amended Certificate of Authority by Foreign Limited Liability Limited Partnership (includes change or withdrawal or general partner)............................................................................................... .....................................300.00 (7) Application for Certificate of Withdrawal by Foreign Limited Liability Limited Partnership ......................................25.00 (8) Application for Certificate of Existence or Authorization by Domestic Limited Liability Limited Partnership .................................................... ......................................15.00 (9) Application for Registration as a Limited Partnership and Limited Liability Limited Partnership........................................................................... ......................................50.00 (10) Any other document required or permitted to be filed by this chapter ... ......................................15.00 (b) The Secretary of State shall collect a fee of twenty-five dollars ($25.00) each time process is served on him or her under this section. The party to a proceeding causing service of process is entitled to recover the service of process fee as costs if the party prevails in the proceeding. (c) The Secretary of State shall collect the following fees for copying and certifying the copy of any filed document relating to a domestic or foreign limited liability limited partnership: (1) Fifty cents (50¢) per page for copying; and (2) Five dollars ($5.00) for the certificate. Acts 2007, No. 15, § 1.

(a) The Secretary of State shall collect the following fees when the documents described in this subsection are delivered to him or her for filing: Document Fee (1) Application for Registration of Limited Liability Limited Partnership ........ .....................................$50.00 (2) Amendment of Certificate of Limited Liability Limited Partnership (includes change or withdrawal of general partner) ..................................... ......................................25.00 (3) Restatement of Certificate of Limited Liability Limited Partnership........... ......................................25.00 (4) Withdrawal of Domestic Limited Liability Limited Partnership................ ......................................25.00 (5) Application for Certificate of Authority by Foreign Limited Liability Limited Partnership ............................................................................... .....................................300.00 (6) Application for Amended Certificate of Authority by Foreign Limited Liability Limited Partnership (includes change or withdrawal or general partner)............................................................................................... .....................................300.00 (7) Application for Certificate of Withdrawal by Foreign Limited Liability Limited Partnership ......................................25.00 (8) Application for Certificate of Existence or Authorization by Domestic Limited Liability Limited Partnership .................................................... ......................................15.00 (9) Application for Registration as a Limited Partnership and Limited Liability Limited Partnership........................................................................... ......................................50.00 (10) Any other document required or permitted to be filed by this chapter ... ......................................15.00

Document Fee (1) Application for Registration of Limited Liability Limited Partnership ........ .....................................$50.00 (2) Amendment of Certificate of Limited Liability Limited Partnership (includes change or withdrawal of general partner) ..................................... ......................................25.00 (3) Restatement of Certificate of Limited Liability Limited Partnership........... ......................................25.00 (4) Withdrawal of Domestic Limited Liability Limited Partnership................ ......................................25.00 (5) Application for Certificate of Authority by Foreign Limited Liability Limited Partnership ............................................................................... .....................................300.00 (6) Application for Amended Certificate of Authority by Foreign Limited Liability Limited Partnership (includes change or withdrawal or general partner)............................................................................................... .....................................300.00 (7) Application for Certificate of Withdrawal by Foreign Limited Liability Limited Partnership ......................................25.00 (8) Application for Certificate of Existence or Authorization by Domestic Limited Liability Limited Partnership .................................................... ......................................15.00 (9) Application for Registration as a Limited Partnership and Limited Liability Limited Partnership........................................................................... ......................................50.00 (10) Any other document required or permitted to be filed by this chapter ... ......................................15.00

Document

Fee

(1) Application for Registration of Limited Liability Limited Partnership ........

.....................................$50.00

(2) Amendment of Certificate of Limited Liability Limited Partnership (includes change or withdrawal of general partner) .....................................

......................................25.00

(3) Restatement of Certificate of Limited Liability Limited Partnership...........

......................................25.00

(4) Withdrawal of Domestic Limited Liability Limited Partnership................

......................................25.00

(5) Application for Certificate of Authority by Foreign Limited Liability Limited Partnership ...............................................................................

.....................................300.00

(6) Application for Amended Certificate of Authority by Foreign Limited Liability Limited Partnership (includes change or withdrawal or general partner)...............................................................................................

.....................................300.00

(7) Application for Certificate of Withdrawal by Foreign Limited Liability Limited Partnership

......................................25.00

(8) Application for Certificate of Existence or Authorization by Domestic Limited Liability Limited Partnership ....................................................

......................................15.00

(9) Application for Registration as a Limited Partnership and Limited Liability Limited Partnership...........................................................................

......................................50.00

(10) Any other document required or permitted to be filed by this chapter ...

......................................15.00

(b) The Secretary of State shall collect a fee of twenty-five dollars ($25.00) each time process is served on him or her under this section. The party to a proceeding causing service of process is entitled to recover the service of process fee as costs if the party prevails in the proceeding.

(c) The Secretary of State shall collect the following fees for copying and certifying the copy of any filed document relating to a domestic or foreign limited liability limited partnership: (1) Fifty cents (50¢) per page for copying; and (2) Five dollars ($5.00) for the certificate.

(1) Fifty cents (50¢) per page for copying; and

(2) Five dollars ($5.00) for the certificate.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-99-405 — AR Code / Title 4 / Chapter 99 / Subchapter 4 / Section 4-99-405
Prohibitions
Status: in_force

It shall be a violation of this subchapter for any person to: (1) Make or transmit a telephone solicitation to the telephone number of any consumer included in the then-current database maintained by the Attorney General pursuant to this subchapter; (2) Make or transmit a telephone solicitation without having first accessed, in the manner specified by the Attorney General, the then-current database maintained by the Attorney General pursuant to this subchapter; or (3) Make or transmit a telephone solicitation if that telephone solicitation violates the Federal Trade Commission Do-Not-Call rule set out in 16 C.F.R. § 310.4 , as in effect on March 1, 2003. Acts 1999, No. 1465, § 5; 2003, No. 1042, § 2.

It shall be a violation of this subchapter for any person to:

(1) Make or transmit a telephone solicitation to the telephone number of any consumer included in the then-current database maintained by the Attorney General pursuant to this subchapter;

(2) Make or transmit a telephone solicitation without having first accessed, in the manner specified by the Attorney General, the then-current database maintained by the Attorney General pursuant to this subchapter; or

(3) Make or transmit a telephone solicitation if that telephone solicitation violates the Federal Trade Commission Do-Not-Call rule set out in 16 C.F.R. § 310.4 , as in effect on March 1, 2003.

Acts 1999, No. 1465, § 5; 2003, No. 1042, § 2.
Ark. Code Ann. § 4-38-122 — AR Code / Title 4 / Chapter 38 / Subchapter 1 / Section 4-38-122
Use of fictitious names
Status: in_force

(a) A limited liability company, domestic or foreign, shall not conduct any business in this state under a fictitious name unless it first files with the Secretary of State a form supplied or approved by the Secretary of State giving the following information: (1) the fictitious name under which business is being or will be conducted by the applicant limited liability company; (2) a brief statement of the character of business to be conducted under the fictitious name; and (3) the name of the limited liability company, the state of organization, and location, giving the city and street address, of the registered office in the state of the applicant limited liability company. (b) (1) Each form shall be executed, without verification, in duplicate and filed with the Secretary of State. (2) The Secretary of State shall retain one counterpart of the form described in subsection (a) and the other counterpart, bearing the file marks of the Secretary of State, shall be returned to the limited liability company. (c) The Secretary of State shall not accept a filing if the proposed fictitious name is not distinguishable under § 4-38-112 from the name of any domestic corporation, limited liability company, limited partnership, limited liability partnership or any other entity registered with the Secretary of State, or any foreign entity authorized to do business in the state or any name reserved or registered under §§ 4-27-402 , 4-27-403 , 4-38-113 , or 4-47-109 . (d) Copies of the filed forms, certified by the respective filing officers, shall be admitted in evidence where the question of filing may be material. (e) (1) If, after a filing under this section, the applicant limited liability company is dissolved, or, being a foreign limited liability company, surrenders or forfeits its rights to do business in Arkansas or, whether a domestic or foreign limited liability company, ceases to do business in Arkansas under the specified fictitious name, the limited liability company shall be obligated to file with the Secretary of State a cancellation of its privilege hereunder. (2) If the cancellation is not filed, the Secretary of State, upon satisfactory evidence, may cancel the privilege. (f) If a limited liability company that has not filed under this section, but has or shall become a party to any contract, deed, conveyance, assignment, or instrument of encumbrance in which the limited liability company is referred to exclusively by a fictitious name, the obligations imposed upon the limited liability company under the instrument and the right sought to be conferred upon third parties thereunder may be enforced against it, but the rights accruing to the limited liability company under the instrument shall not be enforced by the limited liability company in the courts of this state until it complies with this section and pays to the Treasurer of State a civil penalty of three hundred dollars, and in any suit by a limited liability company upon an instrument which identified it exclusively by a fictitious name, the limited liability company shall be required to allege compliance with this section. (g) Compliance with this section does not give a limited liability company an exclusive right to the use of the fictitious name, and the registration of a fictitious name under this section will not bar the use of the same name as the name of any domestic entity or any foreign entity authorized to do business in this state, but this chapter is not intended to bar any aggrieved party in such a situation from applying for equitable relief under principles of fair trade law. Amended by Act 2023, No. 256,§ 9, eff. 8/1/2023. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

(a) A limited liability company, domestic or foreign, shall not conduct any business in this state under a fictitious name unless it first files with the Secretary of State a form supplied or approved by the Secretary of State giving the following information: (1) the fictitious name under which business is being or will be conducted by the applicant limited liability company; (2) a brief statement of the character of business to be conducted under the fictitious name; and (3) the name of the limited liability company, the state of organization, and location, giving the city and street address, of the registered office in the state of the applicant limited liability company.

(1) the fictitious name under which business is being or will be conducted by the applicant limited liability company;

(2) a brief statement of the character of business to be conducted under the fictitious name; and

(3) the name of the limited liability company, the state of organization, and location, giving the city and street address, of the registered office in the state of the applicant limited liability company.

(b) (1) Each form shall be executed, without verification, in duplicate and filed with the Secretary of State. (2) The Secretary of State shall retain one counterpart of the form described in subsection (a) and the other counterpart, bearing the file marks of the Secretary of State, shall be returned to the limited liability company.

(1) Each form shall be executed, without verification, in duplicate and filed with the Secretary of State.

(2) The Secretary of State shall retain one counterpart of the form described in subsection (a) and the other counterpart, bearing the file marks of the Secretary of State, shall be returned to the limited liability company.

(c) The Secretary of State shall not accept a filing if the proposed fictitious name is not distinguishable under § 4-38-112 from the name of any domestic corporation, limited liability company, limited partnership, limited liability partnership or any other entity registered with the Secretary of State, or any foreign entity authorized to do business in the state or any name reserved or registered under §§ 4-27-402 , 4-27-403 , 4-38-113 , or 4-47-109 .

(d) Copies of the filed forms, certified by the respective filing officers, shall be admitted in evidence where the question of filing may be material.

(e) (1) If, after a filing under this section, the applicant limited liability company is dissolved, or, being a foreign limited liability company, surrenders or forfeits its rights to do business in Arkansas or, whether a domestic or foreign limited liability company, ceases to do business in Arkansas under the specified fictitious name, the limited liability company shall be obligated to file with the Secretary of State a cancellation of its privilege hereunder. (2) If the cancellation is not filed, the Secretary of State, upon satisfactory evidence, may cancel the privilege.

(1) If, after a filing under this section, the applicant limited liability company is dissolved, or, being a foreign limited liability company, surrenders or forfeits its rights to do business in Arkansas or, whether a domestic or foreign limited liability company, ceases to do business in Arkansas under the specified fictitious name, the limited liability company shall be obligated to file with the Secretary of State a cancellation of its privilege hereunder.

(2) If the cancellation is not filed, the Secretary of State, upon satisfactory evidence, may cancel the privilege.

(f) If a limited liability company that has not filed under this section, but has or shall become a party to any contract, deed, conveyance, assignment, or instrument of encumbrance in which the limited liability company is referred to exclusively by a fictitious name, the obligations imposed upon the limited liability company under the instrument and the right sought to be conferred upon third parties thereunder may be enforced against it, but the rights accruing to the limited liability company under the instrument shall not be enforced by the limited liability company in the courts of this state until it complies with this section and pays to the Treasurer of State a civil penalty of three hundred dollars, and in any suit by a limited liability company upon an instrument which identified it exclusively by a fictitious name, the limited liability company shall be required to allege compliance with this section.

(g) Compliance with this section does not give a limited liability company an exclusive right to the use of the fictitious name, and the registration of a fictitious name under this section will not bar the use of the same name as the name of any domestic entity or any foreign entity authorized to do business in this state, but this chapter is not intended to bar any aggrieved party in such a situation from applying for equitable relief under principles of fair trade law.

Amended by Act 2023, No. 256,§ 9, eff. 8/1/2023.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-71-210 — AR Code / Title 4 / Chapter 71 / Subchapter 2 / Section 4-71-210
Classification
Status: in_force

(a) The Secretary of State shall by rule establish a classification of goods and services for convenience of administration of this subchapter, but not to limit or extend the applicant's or registrant's rights, and a single application for registration of a mark may include any or all goods upon which, or services with which, the mark is actually being used indicating the appropriate class or classes of goods or services. (b) When a single application includes goods or services which fall within multiple classes, the Secretary of State may require payment of a fee for each class. (c) To the extent practical, the classification of goods and services should conform to the classification adopted by the United States Patent and Trademark Office. Amended by Act 2019, No. 315,§ 127, eff. 7/24/2019. Acts 1997, No. 1109, § 10.

(a) The Secretary of State shall by rule establish a classification of goods and services for convenience of administration of this subchapter, but not to limit or extend the applicant's or registrant's rights, and a single application for registration of a mark may include any or all goods upon which, or services with which, the mark is actually being used indicating the appropriate class or classes of goods or services.

(b) When a single application includes goods or services which fall within multiple classes, the Secretary of State may require payment of a fee for each class.

(c) To the extent practical, the classification of goods and services should conform to the classification adopted by the United States Patent and Trademark Office.

Amended by Act 2019, No. 315,§ 127, eff. 7/24/2019.

Acts 1997, No. 1109, § 10.
Ark. Code Ann. § 4-47-1102 — AR Code / Title 4 / Chapter 47 / Subchapter 11 / Section 4-47-1102
Conversion
Status: in_force

(a) An organization other than a limited partnership may convert to a limited partnership, and a limited partnership may convert to another organization pursuant to this section and §§ 4-47-1103 through 4-47-1105 and a plan of conversion, if: (1) the other organization's governing statute authorizes the conversion; (2) the conversion is not prohibited by the law of the jurisdiction that enacted the governing statute; and (3) the other organization complies with its governing statute in effecting the conversion. (b) A plan of conversion must be in a record and must include: (1) the name and form of the organization before conversion; (2) the name and form of the organization after conversion; and (3) the terms and conditions of the conversion, including the manner and basis for converting interests in the converting organization into any combination of money, interests in the converted organization, and other consideration; and (4) the organizational documents of the converted organization. Acts 2007, No. 15, § 1.

(a) An organization other than a limited partnership may convert to a limited partnership, and a limited partnership may convert to another organization pursuant to this section and §§ 4-47-1103 through 4-47-1105 and a plan of conversion, if: (1) the other organization's governing statute authorizes the conversion; (2) the conversion is not prohibited by the law of the jurisdiction that enacted the governing statute; and (3) the other organization complies with its governing statute in effecting the conversion.

(1) the other organization's governing statute authorizes the conversion;

(2) the conversion is not prohibited by the law of the jurisdiction that enacted the governing statute; and

(3) the other organization complies with its governing statute in effecting the conversion.

(b) A plan of conversion must be in a record and must include: (1) the name and form of the organization before conversion; (2) the name and form of the organization after conversion; and (3) the terms and conditions of the conversion, including the manner and basis for converting interests in the converting organization into any combination of money, interests in the converted organization, and other consideration; and (4) the organizational documents of the converted organization.

(1) the name and form of the organization before conversion;

(2) the name and form of the organization after conversion; and

(3) the terms and conditions of the conversion, including the manner and basis for converting interests in the converting organization into any combination of money, interests in the converted organization, and other consideration; and

(4) the organizational documents of the converted organization.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-26-1102 — AR Code / Title 4 / Chapter 26 / Subchapter 11 / Section 4-26-1102
Certificate of dissolution
Status: in_force

(a) After a dissolution has been voted by the shareholders, a certificate of dissolution shall be executed by the president or a vice president of the corporation and attested by the secretary or an assistant secretary of the corporation. (b) This certificate shall be verified by at least one (1) of the officers signing it and shall show: (1) The name of the corporation; (2) The names and respective addresses of its officers; (3) The names and respective addresses of its directors; (4) A copy of the shareholders' resolution directing the dissolution of the corporation; (5) The number of shares outstanding and, if the shares of any class are entitled to vote as a class, the designation and number of outstanding shares of each such class; (6) The number of shares voted for and against the resolution, respectively, and, if the shares of any class are entitled to vote as a class, the number of shares of each class voted for and against the resolution. (c) The certificate shall be executed and filed in accordance with § 4-26-1201 . (d) Upon the filing of the certificate with the Secretary of State, the corporation is dissolved. Franchise tax liability shall terminate as of the end of the tax year in which the dissolution is voted. Acts 1965, No. 576, § 84; A.S.A. 1947, § 64-902.

(a) After a dissolution has been voted by the shareholders, a certificate of dissolution shall be executed by the president or a vice president of the corporation and attested by the secretary or an assistant secretary of the corporation.

(b) This certificate shall be verified by at least one (1) of the officers signing it and shall show: (1) The name of the corporation; (2) The names and respective addresses of its officers; (3) The names and respective addresses of its directors; (4) A copy of the shareholders' resolution directing the dissolution of the corporation; (5) The number of shares outstanding and, if the shares of any class are entitled to vote as a class, the designation and number of outstanding shares of each such class; (6) The number of shares voted for and against the resolution, respectively, and, if the shares of any class are entitled to vote as a class, the number of shares of each class voted for and against the resolution.

(1) The name of the corporation;

(2) The names and respective addresses of its officers;

(3) The names and respective addresses of its directors;

(4) A copy of the shareholders' resolution directing the dissolution of the corporation;

(5) The number of shares outstanding and, if the shares of any class are entitled to vote as a class, the designation and number of outstanding shares of each such class;

(6) The number of shares voted for and against the resolution, respectively, and, if the shares of any class are entitled to vote as a class, the number of shares of each class voted for and against the resolution.

(c) The certificate shall be executed and filed in accordance with § 4-26-1201 .

(d) Upon the filing of the certificate with the Secretary of State, the corporation is dissolved. Franchise tax liability shall terminate as of the end of the tax year in which the dissolution is voted.

Acts 1965, No. 576, § 84; A.S.A. 1947, § 64-902.
Ark. Code Ann. § 4-27-402 — AR Code / Title 4 / Chapter 27 / Subchapter 4 / Section 4-27-402
Reserved name
Status: repealed

(a) A person may reserve the exclusive use of a corporate name by delivering an application to the Secretary of State for filing. The application must set forth the name and address of the applicant and the name proposed to be reserved. If the Secretary of State finds that the corporate name applied for is available, he shall reserve the name for the applicant's exclusive use for a nonrenewable one hundred twenty-day period. (b) The owner of a reserved corporate name may transfer the reservation to another person by delivering to the Secretary of State a signed notice of the transfer that states the name and address of the transferee. Acts 1987, No. 958, § 64-402.

(a) A person may reserve the exclusive use of a corporate name by delivering an application to the Secretary of State for filing. The application must set forth the name and address of the applicant and the name proposed to be reserved. If the Secretary of State finds that the corporate name applied for is available, he shall reserve the name for the applicant's exclusive use for a nonrenewable one hundred twenty-day period.

(b) The owner of a reserved corporate name may transfer the reservation to another person by delivering to the Secretary of State a signed notice of the transfer that states the name and address of the transferee.

Acts 1987, No. 958, § 64-402.
Ark. Code Ann. § 4-70-102 — AR Code / Title 4 / Chapter 70 / Subchapter 1 / Section 4-70-102
Advertisement by giving away prizes lawful
Status: in_force

The method of business advertising conducted in this state by the giving away of prizes consisting of money or other thing of value where no payment of money or other thing of value is required of participants in the awards, whether the advertising plan is entitled "Bank Night", "Buck Night", or any other name whatsoever, is declared to be a legal form of advertising. Acts 1937, No. 238, § 1; Pope's Dig., § 13396; A.S.A. 1947, § 71-1804.

The method of business advertising conducted in this state by the giving away of prizes consisting of money or other thing of value where no payment of money or other thing of value is required of participants in the awards, whether the advertising plan is entitled "Bank Night", "Buck Night", or any other name whatsoever, is declared to be a legal form of advertising.

Acts 1937, No. 238, § 1; Pope's Dig., § 13396; A.S.A. 1947, § 71-1804.
Ark. Code Ann. § 4-88-705 — AR Code / Title 4 / Chapter 88 / Subchapter 7 / Section 4-88-705
Enforcement
Status: in_force

A violation of the provisions of this subchapter shall constitute a deceptive and unconscionable trade practice as defined by § 4-88-101 et seq. and is subject to all the authority, remedies, and penalties granted under those sections. Acts 2007, No. 304, § 1.

A violation of the provisions of this subchapter shall constitute a deceptive and unconscionable trade practice as defined by § 4-88-101 et seq. and is subject to all the authority, remedies, and penalties granted under those sections.

Acts 2007, No. 304, § 1.
Ark. Code Ann. § 4-20-106 — AR Code / Title 4 / Chapter 20 / Section 4-20-106
Listing of commercial registered agent
Status: in_force

(a) An individual or a domestic or foreign entity may become listed as a commercial registered agent by filing with the Secretary of State a commercial registered agent listing statement signed by or on behalf of the person which states: (1) the name of the individual or the name, type, and jurisdiction of organization of the entity; (2) that the person is in the business of serving as a commercial registered agent in this state; and (3) the address of a place of business of the person in this state to which service of process and other notice and documents being served on or sent to entities represented by it may be delivered. (b) A commercial registered agent listing statement may include the information regarding acceptance of service of process in a record by the commercial registered agent provided for in § 4-20-113(d) . (c) If the name of a person filing a commercial registered agent listing statement is not distinguishable on the records of the Secretary of State from the name of another commercial registered agent listed under this section, the person must adopt a fictitious name that is so distinguishable and use that name in its statement and when it does business in this state as a commercial registered agent. (d) A commercial registered agent listing statement takes effect on filing. (e) The Secretary of State shall note the filing of the commercial registered agent listing statement in the index of filings maintained by the Secretary of State for each entity represented by the registered agent at the time of the filing. The statement has the effect of deleting the address of the registered agent from the registered agent filing of each of those entities. Acts 2007, No. 638, § 1.

(a) An individual or a domestic or foreign entity may become listed as a commercial registered agent by filing with the Secretary of State a commercial registered agent listing statement signed by or on behalf of the person which states: (1) the name of the individual or the name, type, and jurisdiction of organization of the entity; (2) that the person is in the business of serving as a commercial registered agent in this state; and (3) the address of a place of business of the person in this state to which service of process and other notice and documents being served on or sent to entities represented by it may be delivered.

(1) the name of the individual or the name, type, and jurisdiction of organization of the entity;

(2) that the person is in the business of serving as a commercial registered agent in this state; and

(3) the address of a place of business of the person in this state to which service of process and other notice and documents being served on or sent to entities represented by it may be delivered.

(b) A commercial registered agent listing statement may include the information regarding acceptance of service of process in a record by the commercial registered agent provided for in § 4-20-113(d) .

(c) If the name of a person filing a commercial registered agent listing statement is not distinguishable on the records of the Secretary of State from the name of another commercial registered agent listed under this section, the person must adopt a fictitious name that is so distinguishable and use that name in its statement and when it does business in this state as a commercial registered agent.

(d) A commercial registered agent listing statement takes effect on filing.

(e) The Secretary of State shall note the filing of the commercial registered agent listing statement in the index of filings maintained by the Secretary of State for each entity represented by the registered agent at the time of the filing. The statement has the effect of deleting the address of the registered agent from the registered agent filing of each of those entities.

Acts 2007, No. 638, § 1.
Ark. Code Ann. § 4-11-105 — AR Code / Title 4 / Chapter 11 / Section 4-11-105
Control of virtual currency
Status: in_force

(a) A person has "control" of a virtual currency if the following conditions are met: (1) the virtual currency or the system in which it is recorded, if any, gives the person: (A) the power to derive substantially all the benefit from the virtual currency; (B) subject to subsection (b), the exclusive power to prevent others from deriving substantially all the benefit from the virtual currency; and (C) subject to subsection (b), the exclusive power to transfer control of the virtual currency to another person or cause another person to obtain control of a virtual currency that derives from the virtual currency; and (2) the virtual currency, a record attached to or logically associated with the virtual currency, or the system in which the virtual currency is recorded, if any, enables the person to readily identify itself as having the powers specified in subparagraph (a)(1). (b) A power specified in subparagraph (a)(1)(B) or (a)(1)(C) can be exclusive, even if: (1) the virtual currency or the system in which it is recorded, if any, limits the use to which the virtual currency may be put or has protocols that are programmed to result in a transfer of control; and (2) the person has agreed to share the power with another person. (c) For the purposes of subparagraph (a)(2), a person may be identified in any way, including by name, identifying number, cryptographic key, office, or account number. Added by Act 2021, No. 1078,§ 7, eff. 7/28/2021.

(a) A person has "control" of a virtual currency if the following conditions are met: (1) the virtual currency or the system in which it is recorded, if any, gives the person: (A) the power to derive substantially all the benefit from the virtual currency; (B) subject to subsection (b), the exclusive power to prevent others from deriving substantially all the benefit from the virtual currency; and (C) subject to subsection (b), the exclusive power to transfer control of the virtual currency to another person or cause another person to obtain control of a virtual currency that derives from the virtual currency; and (2) the virtual currency, a record attached to or logically associated with the virtual currency, or the system in which the virtual currency is recorded, if any, enables the person to readily identify itself as having the powers specified in subparagraph (a)(1).

(1) the virtual currency or the system in which it is recorded, if any, gives the person: (A) the power to derive substantially all the benefit from the virtual currency; (B) subject to subsection (b), the exclusive power to prevent others from deriving substantially all the benefit from the virtual currency; and (C) subject to subsection (b), the exclusive power to transfer control of the virtual currency to another person or cause another person to obtain control of a virtual currency that derives from the virtual currency; and

(A) the power to derive substantially all the benefit from the virtual currency;

(B) subject to subsection (b), the exclusive power to prevent others from deriving substantially all the benefit from the virtual currency; and

(C) subject to subsection (b), the exclusive power to transfer control of the virtual currency to another person or cause another person to obtain control of a virtual currency that derives from the virtual currency; and

(2) the virtual currency, a record attached to or logically associated with the virtual currency, or the system in which the virtual currency is recorded, if any, enables the person to readily identify itself as having the powers specified in subparagraph (a)(1).

(b) A power specified in subparagraph (a)(1)(B) or (a)(1)(C) can be exclusive, even if: (1) the virtual currency or the system in which it is recorded, if any, limits the use to which the virtual currency may be put or has protocols that are programmed to result in a transfer of control; and (2) the person has agreed to share the power with another person.

(1) the virtual currency or the system in which it is recorded, if any, limits the use to which the virtual currency may be put or has protocols that are programmed to result in a transfer of control; and

(2) the person has agreed to share the power with another person.

(c) For the purposes of subparagraph (a)(2), a person may be identified in any way, including by name, identifying number, cryptographic key, office, or account number.

Added by Act 2021, No. 1078,§ 7, eff. 7/28/2021.
Ark. Code Ann. § 4-29-307 — AR Code / Title 4 / Chapter 29 / Subchapter 3 / Section 4-29-307
Officers, directors, and shareholders
Status: in_force

(a) All of the officers, directors, and shareholders of a corporation subject to this subchapter shall at all times be persons licensed pursuant to the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq. (b) No person who is not so licensed shall have any part in the ownership, management, or control of the corporation, nor may any proxy to vote any shares of the corporation be given to a person who is not so licensed. Acts 1961, No. 179, § 14; A.S.A. 1947, § 64-1714.

(a) All of the officers, directors, and shareholders of a corporation subject to this subchapter shall at all times be persons licensed pursuant to the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.

(b) No person who is not so licensed shall have any part in the ownership, management, or control of the corporation, nor may any proxy to vote any shares of the corporation be given to a person who is not so licensed.

Acts 1961, No. 179, § 14; A.S.A. 1947, § 64-1714.
Ark. Code Ann. § 4-26-614 — AR Code / Title 4 / Chapter 26 / Subchapter 6 / Section 4-26-614
Redeemable shares - Cancellation by redemption or purchase
Status: in_force

(a) When redeemable shares of a corporation are redeemed or purchased by the corporation, the redemption or purchase shall effect a cancellation of the shares, and a statement of cancellation shall be filed as provided in this section. (b) Upon cancellation, the shares shall be restored to the status of authorized but unissued shares unless the articles of incorporation provide that such shares when redeemed or purchased shall not be reissued, in which case the filing of the statement of cancellation shall constitute an amendment to the articles of incorporation and shall reduce the number of shares of the class so cancelled which the corporation is authorized to issue by the number of shares so cancelled. (c) The statement of cancellation shall be executed and filed in accordance with § 4-26-1201 and verified by one (1) of the officers signing such statement and shall set forth: (1) The name of the corporation; (2) The number of redeemable shares cancelled through redemption or purchase, itemized by classes and series; (3) The aggregate number of issued shares, itemized by classes and series, after giving effect to such cancellation; (4) The amount, expressed in dollars, of the stated capital of the corporation after giving effect to such cancellation; (5) If the articles of incorporation provide that the cancelled shares shall not be reissued, then the number of shares which the corporation has authority to issue, itemized by classes and series, after giving effect to such cancellation. (d) When this statement of cancellation is filed in accordance with § 4-26-1201 , the stated capital of the corporation shall be deemed to be reduced by that part of the stated capital which was, at the time of the cancellation, represented by the shares so cancelled. (e) Nothing contained in this section shall be construed to forbid a cancellation of shares or a reduction of stated capital in any other manner permitted by this chapter. Acts 1965, No. 576, § 67; A.S.A. 1947, § 64-602.

(a) When redeemable shares of a corporation are redeemed or purchased by the corporation, the redemption or purchase shall effect a cancellation of the shares, and a statement of cancellation shall be filed as provided in this section.

(b) Upon cancellation, the shares shall be restored to the status of authorized but unissued shares unless the articles of incorporation provide that such shares when redeemed or purchased shall not be reissued, in which case the filing of the statement of cancellation shall constitute an amendment to the articles of incorporation and shall reduce the number of shares of the class so cancelled which the corporation is authorized to issue by the number of shares so cancelled.

(c) The statement of cancellation shall be executed and filed in accordance with § 4-26-1201 and verified by one (1) of the officers signing such statement and shall set forth: (1) The name of the corporation; (2) The number of redeemable shares cancelled through redemption or purchase, itemized by classes and series; (3) The aggregate number of issued shares, itemized by classes and series, after giving effect to such cancellation; (4) The amount, expressed in dollars, of the stated capital of the corporation after giving effect to such cancellation; (5) If the articles of incorporation provide that the cancelled shares shall not be reissued, then the number of shares which the corporation has authority to issue, itemized by classes and series, after giving effect to such cancellation.

(1) The name of the corporation;

(2) The number of redeemable shares cancelled through redemption or purchase, itemized by classes and series;

(3) The aggregate number of issued shares, itemized by classes and series, after giving effect to such cancellation;

(4) The amount, expressed in dollars, of the stated capital of the corporation after giving effect to such cancellation;

(5) If the articles of incorporation provide that the cancelled shares shall not be reissued, then the number of shares which the corporation has authority to issue, itemized by classes and series, after giving effect to such cancellation.

(d) When this statement of cancellation is filed in accordance with § 4-26-1201 , the stated capital of the corporation shall be deemed to be reduced by that part of the stated capital which was, at the time of the cancellation, represented by the shares so cancelled.

(e) Nothing contained in this section shall be construed to forbid a cancellation of shares or a reduction of stated capital in any other manner permitted by this chapter.

Acts 1965, No. 576, § 67; A.S.A. 1947, § 64-602.
Ark. Code Ann. § 4-21-102 — AR Code / Title 4 / Chapter 21 / Section 4-21-102
Definitions
Status: in_force

As used in this chapter: (1) "Borders of Arkansas" means the boundaries of Arkansas described in Arkansas Constitution, Article 1; (2) "Firearms accessory" means an item that is used in conjunction with or mounted upon a firearm but is not essential to the basic function of a firearm, including without limitation telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers, and lights for target illumination; (3) "Generic and insignificant part" means a small component used in the manufacture of a firearm, including without limitation a spring, a screw, a nut, or a pin; and (4) "Manufactured" means that a firearm, a firearm accessory, or ammunition has been created from basic materials for functional usefulness, including without limitation forging, casting, machining, or other processes for working materials. Added by Act 2021, No. 872,§ 1, eff. 7/28/2021.

As used in this chapter:

(1) "Borders of Arkansas" means the boundaries of Arkansas described in Arkansas Constitution, Article 1;

(2) "Firearms accessory" means an item that is used in conjunction with or mounted upon a firearm but is not essential to the basic function of a firearm, including without limitation telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers, and lights for target illumination;

(3) "Generic and insignificant part" means a small component used in the manufacture of a firearm, including without limitation a spring, a screw, a nut, or a pin; and

(4) "Manufactured" means that a firearm, a firearm accessory, or ammunition has been created from basic materials for functional usefulness, including without limitation forging, casting, machining, or other processes for working materials.

Added by Act 2021, No. 872,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 4-75-1005 — AR Code / Title 4 / Chapter 75 / Subchapter 10 / Section 4-75-1005
Enforceability
Status: in_force

A foundation repair contract is enforceable by a homeowner against a contractor for the time specified in the foundation repair contract. Added by Act 2015, No. 687,§ 1, eff. 7/22/2015.

A foundation repair contract is enforceable by a homeowner against a contractor for the time specified in the foundation repair contract.

Added by Act 2015, No. 687,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 4-88-606 — AR Code / Title 4 / Chapter 88 / Subchapter 6 / Section 4-88-606
Civil action for violation - Election on damages - Costs and attorney's fees - Defense
Status: in_force

(a) For any violation of a provision of this subchapter, an action may be brought by: (1) A person who received the unsolicited commercial electronic mail or unsolicited sexually explicit electronic mail that violates this subchapter; or (2) An electronic mail service provider through whose facilities the unsolicited commercial electronic mail or unsolicited sexually explicit electronic mail was transmitted. (b) (1) In each action under subdivision (a)(1) of this section, a recipient or electronic mail service provider may elect, in lieu of actual damages, to recover the lesser of: (A) Ten dollars ($10.00) per unsolicited commercial electronic mail or unsolicited sexually explicit electronic mail sent to a previously opted-out electronic mail address or transmitted through the electronic mail service provider or otherwise sent in violation of this subchapter; or (B) Twenty-five thousand dollars ($25,000) per day the violation occurs. (2) Each prevailing recipient or electronic mail service provider shall be awarded costs and reasonable attorney's fees. (c) It is an affirmative defense to a violation of this subchapter if a person can demonstrate that the sender at the time of the alleged violation had: (1) Maintained a list of consumers who have notified the person not to send any subsequent commercial electronic messages; (2) Established and implemented with due care and reasonable practices and procedures to effectively prevent unsolicited commercial electronic mail messages in violation of this subchapter; (3) Trained the sender's personnel in the requirements of this subchapter; and (4) Maintained records demonstrating compliance with this subchapter. Acts 2003, No. 1019, § 1.

(a) For any violation of a provision of this subchapter, an action may be brought by: (1) A person who received the unsolicited commercial electronic mail or unsolicited sexually explicit electronic mail that violates this subchapter; or (2) An electronic mail service provider through whose facilities the unsolicited commercial electronic mail or unsolicited sexually explicit electronic mail was transmitted.

(1) A person who received the unsolicited commercial electronic mail or unsolicited sexually explicit electronic mail that violates this subchapter; or

(2) An electronic mail service provider through whose facilities the unsolicited commercial electronic mail or unsolicited sexually explicit electronic mail was transmitted.

(b) (1) In each action under subdivision (a)(1) of this section, a recipient or electronic mail service provider may elect, in lieu of actual damages, to recover the lesser of: (A) Ten dollars ($10.00) per unsolicited commercial electronic mail or unsolicited sexually explicit electronic mail sent to a previously opted-out electronic mail address or transmitted through the electronic mail service provider or otherwise sent in violation of this subchapter; or (B) Twenty-five thousand dollars ($25,000) per day the violation occurs. (2) Each prevailing recipient or electronic mail service provider shall be awarded costs and reasonable attorney's fees.

(1) In each action under subdivision (a)(1) of this section, a recipient or electronic mail service provider may elect, in lieu of actual damages, to recover the lesser of: (A) Ten dollars ($10.00) per unsolicited commercial electronic mail or unsolicited sexually explicit electronic mail sent to a previously opted-out electronic mail address or transmitted through the electronic mail service provider or otherwise sent in violation of this subchapter; or (B) Twenty-five thousand dollars ($25,000) per day the violation occurs.

(A) Ten dollars ($10.00) per unsolicited commercial electronic mail or unsolicited sexually explicit electronic mail sent to a previously opted-out electronic mail address or transmitted through the electronic mail service provider or otherwise sent in violation of this subchapter; or

(B) Twenty-five thousand dollars ($25,000) per day the violation occurs.

(2) Each prevailing recipient or electronic mail service provider shall be awarded costs and reasonable attorney's fees.

(c) It is an affirmative defense to a violation of this subchapter if a person can demonstrate that the sender at the time of the alleged violation had: (1) Maintained a list of consumers who have notified the person not to send any subsequent commercial electronic messages; (2) Established and implemented with due care and reasonable practices and procedures to effectively prevent unsolicited commercial electronic mail messages in violation of this subchapter; (3) Trained the sender's personnel in the requirements of this subchapter; and (4) Maintained records demonstrating compliance with this subchapter.

(1) Maintained a list of consumers who have notified the person not to send any subsequent commercial electronic messages;

(2) Established and implemented with due care and reasonable practices and procedures to effectively prevent unsolicited commercial electronic mail messages in violation of this subchapter;

(3) Trained the sender's personnel in the requirements of this subchapter; and

(4) Maintained records demonstrating compliance with this subchapter.

Acts 2003, No. 1019, § 1.
Ark. Code Ann. § 4-5-104 — AR Code / Title 4 / Chapter 5 / Section 4-5-104
Formal requirements
Status: in_force

A letter of credit, confirmation, advice, transfer, amendment, or cancellation may be issued in any form that is a record and is authenticated (i) by a signature or (ii) in accordance with the agreement of the parties or the standard practice referred to in § 4-5-108(e) . Acts 1997, No. 1070, § 1.

A letter of credit, confirmation, advice, transfer, amendment, or cancellation may be issued in any form that is a record and is authenticated (i) by a signature or (ii) in accordance with the agreement of the parties or the standard practice referred to in § 4-5-108(e) .

Acts 1997, No. 1070, § 1.
Ark. Code Ann. § 4-46-907 — AR Code / Title 4 / Chapter 46 / Subchapter 9 / Section 4-46-907
Action on plan of merger by constituent partnership
Status: in_force

(a) Subject to § 4-46-910 , a plan of merger must be consented to by all of the partners of a constituent partnership. (b) Subject to § 4-46-910 and to any contractual rights, until a merger is filed under § 4-46-908 , a constituent partnership may amend the plan or abandon the planned merger: (1) As provided in the plan; and (2) Except as prohibited by the plan, with the same consent required to approve the plan. Acts 2009, No. 408, § 6.

(a) Subject to § 4-46-910 , a plan of merger must be consented to by all of the partners of a constituent partnership.

(b) Subject to § 4-46-910 and to any contractual rights, until a merger is filed under § 4-46-908 , a constituent partnership may amend the plan or abandon the planned merger: (1) As provided in the plan; and (2) Except as prohibited by the plan, with the same consent required to approve the plan.

(1) As provided in the plan; and

(2) Except as prohibited by the plan, with the same consent required to approve the plan.

Acts 2009, No. 408, § 6.
Ark. Code Ann. § 4-46-1001 — AR Code / Title 4 / Chapter 46 / Subchapter 10 / Section 4-46-1001
Statement of qualification
Status: in_force

(a) A partnership may become a limited liability partnership pursuant to this section. (b) The terms and conditions on which a partnership becomes a limited liability partnership must be approved by the vote necessary to amend the partnership agreement except, in the case of a partnership agreement that expressly considers contribution obligations, the vote necessary to amend those provisions. (c) After the approval required by subsection (b) of this section, a partnership may become a limited liability partnership by filing a statement of qualification. The statement must contain: (1) the name of the partnership; (2) the street address of the partnership's chief executive office and, if different, the street address of an office in this State, if any; (3) if there is no office in this State, the information required by § 4-20-105(a) ; (4) a statement that the partnership elects to be a limited liability partnership; and (5) a deferred effective date, if any. (d) [Reserved.] (e) The status of a partnership as a limited liability partnership is effective on the later of the filing of the statement or a date specified in the statement. The status remains effective, regardless of changes in the partnership, until it is canceled pursuant to § 4-46-105(d) or revoked pursuant to § 4-46-1003 . (f) The status of a partnership as a limited liability partnership and the liability of its partners is not affected by errors or later changes in the information required to be contained in the statement of qualification under subsection (c) of this section. (g) The filing of a statement of qualification establishes that a partnership has satisfied all conditions precedent to the qualification of the partnership as a limited liability partnership. (h) An amendment or cancellation of a statement of qualification is effective when it is filed or on a deferred effective date specified in the amendment or cancellation. Acts 1999, No. 1518, § 1001; 2007, No. 638, § 53.

(a) A partnership may become a limited liability partnership pursuant to this section.

(b) The terms and conditions on which a partnership becomes a limited liability partnership must be approved by the vote necessary to amend the partnership agreement except, in the case of a partnership agreement that expressly considers contribution obligations, the vote necessary to amend those provisions.

(c) After the approval required by subsection (b) of this section, a partnership may become a limited liability partnership by filing a statement of qualification. The statement must contain: (1) the name of the partnership; (2) the street address of the partnership's chief executive office and, if different, the street address of an office in this State, if any; (3) if there is no office in this State, the information required by § 4-20-105(a) ; (4) a statement that the partnership elects to be a limited liability partnership; and (5) a deferred effective date, if any.

(1) the name of the partnership;

(2) the street address of the partnership's chief executive office and, if different, the street address of an office in this State, if any;

(3) if there is no office in this State, the information required by § 4-20-105(a) ;

(4) a statement that the partnership elects to be a limited liability partnership; and

(5) a deferred effective date, if any.

(d) [Reserved.]

(e) The status of a partnership as a limited liability partnership is effective on the later of the filing of the statement or a date specified in the statement. The status remains effective, regardless of changes in the partnership, until it is canceled pursuant to § 4-46-105(d) or revoked pursuant to § 4-46-1003 .

(f) The status of a partnership as a limited liability partnership and the liability of its partners is not affected by errors or later changes in the information required to be contained in the statement of qualification under subsection (c) of this section.

(g) The filing of a statement of qualification establishes that a partnership has satisfied all conditions precedent to the qualification of the partnership as a limited liability partnership.

(h) An amendment or cancellation of a statement of qualification is effective when it is filed or on a deferred effective date specified in the amendment or cancellation.

Acts 1999, No. 1518, § 1001; 2007, No. 638, § 53.
Ark. Code Ann. § 4-11-106 — AR Code / Title 4 / Chapter 11 / Section 4-11-106
Savings clause
Status: in_force

This chapter does not affect an action, case, or proceeding commenced before this chapter takes effect. Added by Act 2021, No. 1078,§ 7, eff. 7/28/2021.

This chapter does not affect an action, case, or proceeding commenced before this chapter takes effect.

Added by Act 2021, No. 1078,§ 7, eff. 7/28/2021.
Ark. Code Ann. § 4-38-707 — AR Code / Title 4 / Chapter 38 / Subchapter 7 / Section 4-38-707
Disposition of assets in the winding up
Status: in_force

(a) In winding up its activities and affairs, a limited liability company shall apply its assets to discharge the company's obligations to creditors, including members that are creditors. (b) After a limited liability company complies with subsection (a), any surplus must be distributed in the following order, subject to any charging order in effect under § 4-38-503 : (1) to each person owning a transferable interest that reflects contributions made and not previously returned, an amount equal to the value of the unreturned contributions; and (2) among persons owning transferable interests in proportion to their respective rights to share in distributions immediately before the dissolution of the company. (c) If a limited liability company does not have sufficient surplus to comply with subsection (b)(1), any surplus must be distributed among the owners of transferable interests in proportion to the value of the respective unreturned contributions. (d) All distributions made under subsections (b) and (c) must be paid in money. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

(a) In winding up its activities and affairs, a limited liability company shall apply its assets to discharge the company's obligations to creditors, including members that are creditors.

(b) After a limited liability company complies with subsection (a), any surplus must be distributed in the following order, subject to any charging order in effect under § 4-38-503 : (1) to each person owning a transferable interest that reflects contributions made and not previously returned, an amount equal to the value of the unreturned contributions; and (2) among persons owning transferable interests in proportion to their respective rights to share in distributions immediately before the dissolution of the company.

(1) to each person owning a transferable interest that reflects contributions made and not previously returned, an amount equal to the value of the unreturned contributions; and

(2) among persons owning transferable interests in proportion to their respective rights to share in distributions immediately before the dissolution of the company.

(c) If a limited liability company does not have sufficient surplus to comply with subsection (b)(1), any surplus must be distributed among the owners of transferable interests in proportion to the value of the respective unreturned contributions.

(d) All distributions made under subsections (b) and (c) must be paid in money.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-72-207 — AR Code / Title 4 / Chapter 72 / Subchapter 2 / Section 4-72-207
Misleading and fraudulent schemes - Penalty - Prosecutions
Status: in_force

(a) It shall be unlawful for any person, directly or indirectly, in connection with the offer, sale, purchase, transfer, or assignment of any franchise in this state to knowingly: (1) Employ any device, scheme, or artifice to defraud; (2) Make any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading; or (3) Engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person. (b) Any violation of this section shall be a Class B felony. (c) Prosecutions for offenses committed in violation of this section must be commenced within five (5) years from the date of the crime or within five (5) years from the date of the commission of the last overt act in furtherance of the scheme to defraud. Acts 1977, No. 355, § 8; A.S.A. 1947, § 70-814.

(a) It shall be unlawful for any person, directly or indirectly, in connection with the offer, sale, purchase, transfer, or assignment of any franchise in this state to knowingly: (1) Employ any device, scheme, or artifice to defraud; (2) Make any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading; or (3) Engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person.

(1) Employ any device, scheme, or artifice to defraud;

(2) Make any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading; or

(3) Engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person.

(b) Any violation of this section shall be a Class B felony.

(c) Prosecutions for offenses committed in violation of this section must be commenced within five (5) years from the date of the crime or within five (5) years from the date of the commission of the last overt act in furtherance of the scheme to defraud.

Acts 1977, No. 355, § 8; A.S.A. 1947, § 70-814.
Ark. Code Ann. § 4-75-102 — AR Code / Title 4 / Chapter 75 / Subchapter 1 / Section 4-75-102
Private use of booking photograph - Definitions
Status: in_force

(a) As used in this section: (1) "Booking photograph" means a photograph or image of an arrested person taken for identification purposes by an arresting law enforcement agency at the time the person is processed into jail; and (2) "Publish-for-pay website" means a privately owned website that accepts, requests, or requires the payment of a fee or other consideration in order to remove a booking photograph from the website. (b) (1) A person may request the removal of his or her booking photograph from a publish-for-pay website by submitting to the publish-for-pay website a written request to remove his or her booking photograph from the publish-for-pay website. (2) The written request submitted under subdivision (b)(1) of this section shall include: (A) The person's name and date of birth; (B) The date of arrest; and (C) The name of the arresting law enforcement agency. (c) (1) A publish-for-pay website that displays booking photographs taken by an Arkansas law enforcement agency shall have displayed prominently on the home page of the publish-for-pay website the name, mailing address, email address, and any other contact information for the owner or operator of the publish-for-pay website. (2) A publish-for-pay website shall also provide, at no cost, for a readily accessible means by which a person may have verified by the owner or operator of the publish-for-pay website receipt of his or her written request submitted under subdivision (b)(1) of this section. (3) The person responsible for removing the booking photograph of the person from the publish-for-pay website shall: (A) Remove the booking photograph of the person from the publish-for-pay website within five (5) business days of receipt of a written request submitted under subdivision (b)(1) of this section; and (B) Not require payment of a fee or other consideration for removing the booking photograph of the person from the publish-for-pay website. (d) A publish-for-pay website that fails to remove the booking photograph of the person in accordance with this section is liable for civil penalties, including compensatory damages, attorney's fees, and punitive damages. (e) The Attorney General may investigate violations of this section and may engage in litigation on behalf of a person making a written request under subdivision (b)(1) of this section, including an action for injunctive relief. (f) A publish-for-pay website that is publicly accessible within this state is subject to this section. Added by Act 2021, No. 450,§ 1, eff. 7/28/2021.

(a) As used in this section: (1) "Booking photograph" means a photograph or image of an arrested person taken for identification purposes by an arresting law enforcement agency at the time the person is processed into jail; and (2) "Publish-for-pay website" means a privately owned website that accepts, requests, or requires the payment of a fee or other consideration in order to remove a booking photograph from the website.

(1) "Booking photograph" means a photograph or image of an arrested person taken for identification purposes by an arresting law enforcement agency at the time the person is processed into jail; and

(2) "Publish-for-pay website" means a privately owned website that accepts, requests, or requires the payment of a fee or other consideration in order to remove a booking photograph from the website.

(b) (1) A person may request the removal of his or her booking photograph from a publish-for-pay website by submitting to the publish-for-pay website a written request to remove his or her booking photograph from the publish-for-pay website. (2) The written request submitted under subdivision (b)(1) of this section shall include: (A) The person's name and date of birth; (B) The date of arrest; and (C) The name of the arresting law enforcement agency.

(1) A person may request the removal of his or her booking photograph from a publish-for-pay website by submitting to the publish-for-pay website a written request to remove his or her booking photograph from the publish-for-pay website.

(2) The written request submitted under subdivision (b)(1) of this section shall include: (A) The person's name and date of birth; (B) The date of arrest; and (C) The name of the arresting law enforcement agency.

(A) The person's name and date of birth;

(B) The date of arrest; and

(C) The name of the arresting law enforcement agency.

(c) (1) A publish-for-pay website that displays booking photographs taken by an Arkansas law enforcement agency shall have displayed prominently on the home page of the publish-for-pay website the name, mailing address, email address, and any other contact information for the owner or operator of the publish-for-pay website. (2) A publish-for-pay website shall also provide, at no cost, for a readily accessible means by which a person may have verified by the owner or operator of the publish-for-pay website receipt of his or her written request submitted under subdivision (b)(1) of this section. (3) The person responsible for removing the booking photograph of the person from the publish-for-pay website shall: (A) Remove the booking photograph of the person from the publish-for-pay website within five (5) business days of receipt of a written request submitted under subdivision (b)(1) of this section; and (B) Not require payment of a fee or other consideration for removing the booking photograph of the person from the publish-for-pay website.

(1) A publish-for-pay website that displays booking photographs taken by an Arkansas law enforcement agency shall have displayed prominently on the home page of the publish-for-pay website the name, mailing address, email address, and any other contact information for the owner or operator of the publish-for-pay website.

(2) A publish-for-pay website shall also provide, at no cost, for a readily accessible means by which a person may have verified by the owner or operator of the publish-for-pay website receipt of his or her written request submitted under subdivision (b)(1) of this section.

(3) The person responsible for removing the booking photograph of the person from the publish-for-pay website shall: (A) Remove the booking photograph of the person from the publish-for-pay website within five (5) business days of receipt of a written request submitted under subdivision (b)(1) of this section; and (B) Not require payment of a fee or other consideration for removing the booking photograph of the person from the publish-for-pay website.

(A) Remove the booking photograph of the person from the publish-for-pay website within five (5) business days of receipt of a written request submitted under subdivision (b)(1) of this section; and

(B) Not require payment of a fee or other consideration for removing the booking photograph of the person from the publish-for-pay website.

(d) A publish-for-pay website that fails to remove the booking photograph of the person in accordance with this section is liable for civil penalties, including compensatory damages, attorney's fees, and punitive damages.

(e) The Attorney General may investigate violations of this section and may engage in litigation on behalf of a person making a written request under subdivision (b)(1) of this section, including an action for injunctive relief.

(f) A publish-for-pay website that is publicly accessible within this state is subject to this section.

Added by Act 2021, No. 450,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 4-26-704 — AR Code / Title 4 / Chapter 26 / Subchapter 7 / Section 4-26-704
Shareholders' meetings - List of shareholders entitled to vote
Status: in_force

(a) (1) The officer or agent having charge of the stock transfer books for shares of a corporation shall make, at least ten (10) days before each meeting of shareholders, a complete list of the shareholders entitled to vote at that meeting or any adjournment thereof, arranged in alphabetical order, with the address of and the number of shares held by each. (2) This list, for a period of ten (10) days prior to such meeting, shall be kept on file at the registered office of the corporation or at its principal place of business in this state and shall be subject to inspection by any shareholder at any time during usual business hours. (3) This list shall also be produced and kept open at the time and place of the meeting and shall be subject to the inspection of any shareholder during the whole time of the meeting. (4) The original stock transfer books shall be prima facie evidence as to who are the shareholders entitled to examine the list or transfer books or to vote at any meeting of shareholders. (b) Failure to comply with the requirements of this section shall not affect the validity of any action taken at such meeting. (c) An officer or agent having charge of the stock transfer books who shall fail to prepare the list of shareholders, or keep it on file for a period of ten (10) days, or produce and keep it open for inspection at the meeting, as provided in this section, shall be liable to any shareholder suffering damage on account of such failure to the extent of such damage. Acts 1965, No. 576, § 33; A.S.A. 1947, § 64-217.

(a) (1) The officer or agent having charge of the stock transfer books for shares of a corporation shall make, at least ten (10) days before each meeting of shareholders, a complete list of the shareholders entitled to vote at that meeting or any adjournment thereof, arranged in alphabetical order, with the address of and the number of shares held by each. (2) This list, for a period of ten (10) days prior to such meeting, shall be kept on file at the registered office of the corporation or at its principal place of business in this state and shall be subject to inspection by any shareholder at any time during usual business hours. (3) This list shall also be produced and kept open at the time and place of the meeting and shall be subject to the inspection of any shareholder during the whole time of the meeting. (4) The original stock transfer books shall be prima facie evidence as to who are the shareholders entitled to examine the list or transfer books or to vote at any meeting of shareholders.

(1) The officer or agent having charge of the stock transfer books for shares of a corporation shall make, at least ten (10) days before each meeting of shareholders, a complete list of the shareholders entitled to vote at that meeting or any adjournment thereof, arranged in alphabetical order, with the address of and the number of shares held by each.

(2) This list, for a period of ten (10) days prior to such meeting, shall be kept on file at the registered office of the corporation or at its principal place of business in this state and shall be subject to inspection by any shareholder at any time during usual business hours.

(3) This list shall also be produced and kept open at the time and place of the meeting and shall be subject to the inspection of any shareholder during the whole time of the meeting.

(4) The original stock transfer books shall be prima facie evidence as to who are the shareholders entitled to examine the list or transfer books or to vote at any meeting of shareholders.

(b) Failure to comply with the requirements of this section shall not affect the validity of any action taken at such meeting.

(c) An officer or agent having charge of the stock transfer books who shall fail to prepare the list of shareholders, or keep it on file for a period of ten (10) days, or produce and keep it open for inspection at the meeting, as provided in this section, shall be liable to any shareholder suffering damage on account of such failure to the extent of such damage.

Acts 1965, No. 576, § 33; A.S.A. 1947, § 64-217.
Ark. Code Ann. § 4-97-101 — AR Code / Title 4 / Chapter 97 / Section 4-97-101
Title
Status: in_force

This chapter may be cited as the "Arkansas Retail Pet Store Consumer Protection Act of 1991". Acts 1991, No. 1225, § 1.

This chapter may be cited as the "Arkansas Retail Pet Store Consumer Protection Act of 1991".

Acts 1991, No. 1225, § 1.
Ark. Code Ann. § 4-90-704 — AR Code / Title 4 / Chapter 90 / Subchapter 7 / Section 4-90-704
Debt cancellation agreements - Restrictions
Status: in_force

No debt cancellation agreement shall be issued that: (1) Is in any respect in violation of or does not comply with this subchapter; (2) Contains or incorporates by reference if incorporation by reference is otherwise permissible any inconsistent, ambiguous, illusory, or misleading clauses or exceptions and conditions that deceptively affect the material terms of the debt cancellation agreement; (3) Has a title, heading, or other indication of its provisions that is misleading; or (4) Is sold after any representation, oral or written, that is misleading or deceptive with respect to any material term of the contract or any provision of this subchapter. Acts 2007, No. 496, § 22.

No debt cancellation agreement shall be issued that:

(1) Is in any respect in violation of or does not comply with this subchapter;

(2) Contains or incorporates by reference if incorporation by reference is otherwise permissible any inconsistent, ambiguous, illusory, or misleading clauses or exceptions and conditions that deceptively affect the material terms of the debt cancellation agreement;

(3) Has a title, heading, or other indication of its provisions that is misleading; or

(4) Is sold after any representation, oral or written, that is misleading or deceptive with respect to any material term of the contract or any provision of this subchapter.

Acts 2007, No. 496, § 22.
Ark. Code Ann. § 4-33-1302 — AR Code / Title 4 / Chapter 33 / Subchapter 13 / Section 4-33-1302
Authorized distributions
Status: in_force

(a) A mutual benefit corporation may purchase its memberships if after the purchase is completed: (1) the corporation would be able to pay its debts as they become due in the usual course of its activities; and (2) the corporation's total assets would at least equal the sum of its total liabilities. (b) Corporations may make distributions upon dissolution in conformity with §§ 4-33-1401 et seq. (c) Corporations that are organized and operated as cooperative within the meaning of Subchapter T of the Internal Revenue Code of 1986, as amended, Internal Revenue Code §§ 1381 - 1388, may make distributions to their members in accordance with Subchapter T. Acts 1993, No. 1147, § 1302; 1999, No. 980, § 1.

(a) A mutual benefit corporation may purchase its memberships if after the purchase is completed: (1) the corporation would be able to pay its debts as they become due in the usual course of its activities; and (2) the corporation's total assets would at least equal the sum of its total liabilities.

(1) the corporation would be able to pay its debts as they become due in the usual course of its activities; and

(2) the corporation's total assets would at least equal the sum of its total liabilities.

(b) Corporations may make distributions upon dissolution in conformity with §§ 4-33-1401 et seq.

(c) Corporations that are organized and operated as cooperative within the meaning of Subchapter T of the Internal Revenue Code of 1986, as amended, Internal Revenue Code §§ 1381 - 1388, may make distributions to their members in accordance with Subchapter T.

Acts 1993, No. 1147, § 1302; 1999, No. 980, § 1.
Ark. Code Ann. § 4-26-807 — AR Code / Title 4 / Chapter 26 / Subchapter 8 / Section 4-26-807
Action of board with or without meeting
Status: in_force

(a) The act of the majority of the directors present at a meeting at which a quorum is present shall be the act of the board of directors unless the act of a greater number is required by the articles of incorporation or the bylaws. (b) Where the articles of incorporation or bylaws expressly permit such procedure, an action taken by a majority of the directors without a meeting in respect to any corporate matter is nevertheless a valid board action if either before or after the action is taken, all members of the board sign and file with the secretary for inclusion in the corporate minute book a memorandum showing the nature of the action taken, showing that each member of the board consented to the board acting informally in respect to the matter, and showing the names of the directors who approved the action taken and the names of those who opposed it. Acts 1965, No. 576, § 40; A.S.A. 1947, § 64-305.

(a) The act of the majority of the directors present at a meeting at which a quorum is present shall be the act of the board of directors unless the act of a greater number is required by the articles of incorporation or the bylaws.

(b) Where the articles of incorporation or bylaws expressly permit such procedure, an action taken by a majority of the directors without a meeting in respect to any corporate matter is nevertheless a valid board action if either before or after the action is taken, all members of the board sign and file with the secretary for inclusion in the corporate minute book a memorandum showing the nature of the action taken, showing that each member of the board consented to the board acting informally in respect to the matter, and showing the names of the directors who approved the action taken and the names of those who opposed it.

Acts 1965, No. 576, § 40; A.S.A. 1947, § 64-305.
Ark. Code Ann. § 4-75-702 — AR Code / Title 4 / Chapter 75 / Subchapter 7 / Section 4-75-702
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Basic cost of cigarettes" means whichever of the two (2) following amounts is lower, namely, the gross invoice cost of cigarettes to the wholesaler or retailer, as the case may be, or the lowest gross replacement cost of cigarettes to the wholesaler or retailer, as the case may be, within thirty (30) days prior to the date of sale, in the quantity last purchased, whether within or before the thirty-day period, plus the full face value of any stamps or any tax which may be required by any cigarette tax act of this state or political subdivision thereof, now in effect or hereafter enacted, if not already included in the gross invoice cost of cigarettes to the wholesaler or retailer, as the case may be; (2) "Buying pool" means and includes any combination, corporation, association, affiliation, or group of retail dealers operating jointly in the purchase, sale, exchange, or barter of cigarettes, the profits of which accrue directly or indirectly to the retail dealers; (3) "Cigarettes" means and includes any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and whether or not the tobacco is flavored, adulterated, or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material, except tobacco; (4) (A) "Cost to the retailer" means the basic cost of the cigarettes involved to the retailer plus the cost of doing business by the retailer as evidenced by the standards and methods of accounting regularly employed by him or her and must include, without limitation, labor including salaries of executives and officers, rent, depreciation, selling costs, maintenance of equipment, delivery costs, all types of licenses, taxes, insurance, and advertising. (B) In the absence of the filing with the Arkansas Tobacco Control Board of proof satisfactory to the board of a lesser or higher cost of doing business by the retailer making the sale, the cost of doing business by the retailer shall be presumed to be nine and five-tenths percent (9.5%) of the basic cost of cigarettes to the retailer. (C) In the case of any retail dealer who in connection with the retail dealer's purchase of any cigarettes shall receive not only the discounts ordinarily allowed upon purchases by a retail dealer but also in whole or in part the discounts ordinarily allowed upon purchases by a wholesale dealer, the cost of doing business by the retail dealer with respect to the said cigarettes shall be, in the absence of proof of a lesser or higher cost of doing business by the retail dealer, the sum of the cost of doing business by the retail dealer and, to the extent that he or she shall have received the full discounts ordinarily allowed to a wholesale dealer, the cost of doing business by a wholesale dealer as defined in subdivision (5)(B) of this section; (5) (A) "Cost to the wholesaler" means the basic cost of the cigarettes involved to the wholesaler plus the cost of doing business by the wholesaler as evidenced by the standards and methods of accounting regularly employed by him or her and must include, without limitation, labor costs, including salaries of executives and officers, rent, depreciation, selling costs, maintenance of equipment, delivery costs, all types of licenses, taxes, insurance, and advertising. (B) In the absence of the filing with the board of proof satisfactory to the board of a lesser or higher cost of doing business by the wholesale dealer making the sale, the cost of doing business by the wholesale dealer shall be presumed to be four percent (4%) of the basic cost of the cigarettes to the wholesale dealer; (6) "Director" means the Director of Arkansas Tobacco Control; (7) "Gross invoice cost" means the manufacturer's or wholesaler's price for the product sold as listed on the invoice to the wholesaler or retailer, as the case may be, before any deduction for allowances, whether manufacturer promotional allowances or otherwise, or for discounts of any kind; (8) "Manufacturer promotional allowance" means any payment or compensation given by a manufacturer of cigarettes to wholesalers or to retailers to promote the sale of cigarettes and which the manufacturer requires the wholesaler to pass on to the retailer and the retailer to pass on to the retailer's customer; (9) "Person" means and includes any individual, firm, association, company, partnership, corporation, joint-stock company, club, agency, syndicate, the State of Arkansas, county, municipal corporation, or other political subdivision of this state, receiver, trustee, fiduciary, or trade association; (10) "Rebate" means a payment made by a seller of cigarettes to a purchaser of cigarettes after the sale that serves as a discount or return of part of an amount previously given in payment by the purchaser of cigarettes; (11) "Retailer" means and includes any person who is engaged in this state in the business of selling cigarettes at retail and includes any group of persons, cooperative organizations, buying pools, and any other person or group of retailers purchasing cigarettes on a cooperative basis from licensed distributors or wholesalers. Any person placing a cigarette vending machine at, on, or in any premises shall be deemed to be a retailer for each such vending machine; (12) "Sale" or "sell" means any transfer for a consideration, exchange, barter, gift, offer for sale, advertising for sale, soliciting an order for cigarettes, and distribution in any manner or by any means whatsoever; (13) "Sell at retail", "sale at retail", or "retail sales" means and includes any sale for consumption or use made in the ordinary course of trade or usual conduct of the seller's business; (14) "Sell at wholesale", "sale at wholesale", and "wholesale sales" mean and include any sale made in the ordinary course of trade or usual conduct of the wholesaler's business to a retailer for the purpose of resale; and (15) "Wholesaler" means and includes: (A) Any person other than a buying pool as defined in subdivision (2) of this section, wherever resident or located, who brings or causes to be brought into this state unstamped cigarettes purchased directly from the manufacturer thereof and who maintains an established place of business where substantially all of the business is the sale of cigarettes and related merchandise at wholesale to cigarette licensees and where at all times a substantial stock of cigarettes and related merchandise is available for resale, if seventy-five percent (75%) thereof are sold to retailers or other wholesalers not connected with the wholesaler by reason of any business connection or otherwise; (B) Any person retailing cigarettes to consumers, if at least seventy-five percent (75%) of his or her purchases are made directly from the manufacturers thereof; (C) Any person in this state other than a buying pool, as defined in subdivision (2) of this section, who purchases cigarettes from any other person who purchases from a manufacturer, at least seventy-five percent (75%) of which are for purposes of resale to retailers in this state not connected with the wholesaler by reason of any business connection or otherwise and who maintains an established place of business where cigarettes and related merchandise are sold at wholesale to persons licensed under this subchapter, and where at all times a substantial stock of cigarettes and related merchandise is available to all retailers for resale; and (D) Any person in this state who acquires cigarettes solely for the purpose of resale in cigarette vending machines, provided the person operates thirty (30) or more machines. Amended by Act 2021, No. 942,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 580,§ 1, eff. 7/24/2019. Acts 1951, No. 101, § 2; A.S.A. 1947, § 70-602; Acts 1999, No. 1237, § 1; 2003, No. 627, §§ 1-4; 2009, No. 785, § 1.

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

(1) "Basic cost of cigarettes" means whichever of the two (2) following amounts is lower, namely, the gross invoice cost of cigarettes to the wholesaler or retailer, as the case may be, or the lowest gross replacement cost of cigarettes to the wholesaler or retailer, as the case may be, within thirty (30) days prior to the date of sale, in the quantity last purchased, whether within or before the thirty-day period, plus the full face value of any stamps or any tax which may be required by any cigarette tax act of this state or political subdivision thereof, now in effect or hereafter enacted, if not already included in the gross invoice cost of cigarettes to the wholesaler or retailer, as the case may be;

(2) "Buying pool" means and includes any combination, corporation, association, affiliation, or group of retail dealers operating jointly in the purchase, sale, exchange, or barter of cigarettes, the profits of which accrue directly or indirectly to the retail dealers;

(3) "Cigarettes" means and includes any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and whether or not the tobacco is flavored, adulterated, or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material, except tobacco;

(4) (A) "Cost to the retailer" means the basic cost of the cigarettes involved to the retailer plus the cost of doing business by the retailer as evidenced by the standards and methods of accounting regularly employed by him or her and must include, without limitation, labor including salaries of executives and officers, rent, depreciation, selling costs, maintenance of equipment, delivery costs, all types of licenses, taxes, insurance, and advertising. (B) In the absence of the filing with the Arkansas Tobacco Control Board of proof satisfactory to the board of a lesser or higher cost of doing business by the retailer making the sale, the cost of doing business by the retailer shall be presumed to be nine and five-tenths percent (9.5%) of the basic cost of cigarettes to the retailer. (C) In the case of any retail dealer who in connection with the retail dealer's purchase of any cigarettes shall receive not only the discounts ordinarily allowed upon purchases by a retail dealer but also in whole or in part the discounts ordinarily allowed upon purchases by a wholesale dealer, the cost of doing business by the retail dealer with respect to the said cigarettes shall be, in the absence of proof of a lesser or higher cost of doing business by the retail dealer, the sum of the cost of doing business by the retail dealer and, to the extent that he or she shall have received the full discounts ordinarily allowed to a wholesale dealer, the cost of doing business by a wholesale dealer as defined in subdivision (5)(B) of this section;

(A) "Cost to the retailer" means the basic cost of the cigarettes involved to the retailer plus the cost of doing business by the retailer as evidenced by the standards and methods of accounting regularly employed by him or her and must include, without limitation, labor including salaries of executives and officers, rent, depreciation, selling costs, maintenance of equipment, delivery costs, all types of licenses, taxes, insurance, and advertising.

(B) In the absence of the filing with the Arkansas Tobacco Control Board of proof satisfactory to the board of a lesser or higher cost of doing business by the retailer making the sale, the cost of doing business by the retailer shall be presumed to be nine and five-tenths percent (9.5%) of the basic cost of cigarettes to the retailer.

(C) In the case of any retail dealer who in connection with the retail dealer's purchase of any cigarettes shall receive not only the discounts ordinarily allowed upon purchases by a retail dealer but also in whole or in part the discounts ordinarily allowed upon purchases by a wholesale dealer, the cost of doing business by the retail dealer with respect to the said cigarettes shall be, in the absence of proof of a lesser or higher cost of doing business by the retail dealer, the sum of the cost of doing business by the retail dealer and, to the extent that he or she shall have received the full discounts ordinarily allowed to a wholesale dealer, the cost of doing business by a wholesale dealer as defined in subdivision (5)(B) of this section;

(5) (A) "Cost to the wholesaler" means the basic cost of the cigarettes involved to the wholesaler plus the cost of doing business by the wholesaler as evidenced by the standards and methods of accounting regularly employed by him or her and must include, without limitation, labor costs, including salaries of executives and officers, rent, depreciation, selling costs, maintenance of equipment, delivery costs, all types of licenses, taxes, insurance, and advertising. (B) In the absence of the filing with the board of proof satisfactory to the board of a lesser or higher cost of doing business by the wholesale dealer making the sale, the cost of doing business by the wholesale dealer shall be presumed to be four percent (4%) of the basic cost of the cigarettes to the wholesale dealer;

(A) "Cost to the wholesaler" means the basic cost of the cigarettes involved to the wholesaler plus the cost of doing business by the wholesaler as evidenced by the standards and methods of accounting regularly employed by him or her and must include, without limitation, labor costs, including salaries of executives and officers, rent, depreciation, selling costs, maintenance of equipment, delivery costs, all types of licenses, taxes, insurance, and advertising.

(B) In the absence of the filing with the board of proof satisfactory to the board of a lesser or higher cost of doing business by the wholesale dealer making the sale, the cost of doing business by the wholesale dealer shall be presumed to be four percent (4%) of the basic cost of the cigarettes to the wholesale dealer;

(6) "Director" means the Director of Arkansas Tobacco Control;

(7) "Gross invoice cost" means the manufacturer's or wholesaler's price for the product sold as listed on the invoice to the wholesaler or retailer, as the case may be, before any deduction for allowances, whether manufacturer promotional allowances or otherwise, or for discounts of any kind;

(8) "Manufacturer promotional allowance" means any payment or compensation given by a manufacturer of cigarettes to wholesalers or to retailers to promote the sale of cigarettes and which the manufacturer requires the wholesaler to pass on to the retailer and the retailer to pass on to the retailer's customer;

(9) "Person" means and includes any individual, firm, association, company, partnership, corporation, joint-stock company, club, agency, syndicate, the State of Arkansas, county, municipal corporation, or other political subdivision of this state, receiver, trustee, fiduciary, or trade association;

(10) "Rebate" means a payment made by a seller of cigarettes to a purchaser of cigarettes after the sale that serves as a discount or return of part of an amount previously given in payment by the purchaser of cigarettes;

(11) "Retailer" means and includes any person who is engaged in this state in the business of selling cigarettes at retail and includes any group of persons, cooperative organizations, buying pools, and any other person or group of retailers purchasing cigarettes on a cooperative basis from licensed distributors or wholesalers. Any person placing a cigarette vending machine at, on, or in any premises shall be deemed to be a retailer for each such vending machine;

(12) "Sale" or "sell" means any transfer for a consideration, exchange, barter, gift, offer for sale, advertising for sale, soliciting an order for cigarettes, and distribution in any manner or by any means whatsoever;

(13) "Sell at retail", "sale at retail", or "retail sales" means and includes any sale for consumption or use made in the ordinary course of trade or usual conduct of the seller's business;

(14) "Sell at wholesale", "sale at wholesale", and "wholesale sales" mean and include any sale made in the ordinary course of trade or usual conduct of the wholesaler's business to a retailer for the purpose of resale; and

(15) "Wholesaler" means and includes: (A) Any person other than a buying pool as defined in subdivision (2) of this section, wherever resident or located, who brings or causes to be brought into this state unstamped cigarettes purchased directly from the manufacturer thereof and who maintains an established place of business where substantially all of the business is the sale of cigarettes and related merchandise at wholesale to cigarette licensees and where at all times a substantial stock of cigarettes and related merchandise is available for resale, if seventy-five percent (75%) thereof are sold to retailers or other wholesalers not connected with the wholesaler by reason of any business connection or otherwise; (B) Any person retailing cigarettes to consumers, if at least seventy-five percent (75%) of his or her purchases are made directly from the manufacturers thereof; (C) Any person in this state other than a buying pool, as defined in subdivision (2) of this section, who purchases cigarettes from any other person who purchases from a manufacturer, at least seventy-five percent (75%) of which are for purposes of resale to retailers in this state not connected with the wholesaler by reason of any business connection or otherwise and who maintains an established place of business where cigarettes and related merchandise are sold at wholesale to persons licensed under this subchapter, and where at all times a substantial stock of cigarettes and related merchandise is available to all retailers for resale; and (D) Any person in this state who acquires cigarettes solely for the purpose of resale in cigarette vending machines, provided the person operates thirty (30) or more machines.

(A) Any person other than a buying pool as defined in subdivision (2) of this section, wherever resident or located, who brings or causes to be brought into this state unstamped cigarettes purchased directly from the manufacturer thereof and who maintains an established place of business where substantially all of the business is the sale of cigarettes and related merchandise at wholesale to cigarette licensees and where at all times a substantial stock of cigarettes and related merchandise is available for resale, if seventy-five percent (75%) thereof are sold to retailers or other wholesalers not connected with the wholesaler by reason of any business connection or otherwise;

(B) Any person retailing cigarettes to consumers, if at least seventy-five percent (75%) of his or her purchases are made directly from the manufacturers thereof;

(C) Any person in this state other than a buying pool, as defined in subdivision (2) of this section, who purchases cigarettes from any other person who purchases from a manufacturer, at least seventy-five percent (75%) of which are for purposes of resale to retailers in this state not connected with the wholesaler by reason of any business connection or otherwise and who maintains an established place of business where cigarettes and related merchandise are sold at wholesale to persons licensed under this subchapter, and where at all times a substantial stock of cigarettes and related merchandise is available to all retailers for resale; and

(D) Any person in this state who acquires cigarettes solely for the purpose of resale in cigarette vending machines, provided the person operates thirty (30) or more machines.

Amended by Act 2021, No. 942,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 580,§ 1, eff. 7/24/2019.

Acts 1951, No. 101, § 2; A.S.A. 1947, § 70-602; Acts 1999, No. 1237, § 1; 2003, No. 627, §§ 1-4; 2009, No. 785, § 1.
Ark. Code Ann. § 4-30-101 — AR Code / Title 4 / Chapter 30 / Subchapter 1 / Section 4-30-101
Definition
Status: in_force

As used in this chapter, unless the context otherwise requires, the "cooperative plan" shall be construed to mean a business concern that distributes the net profits of its business by: (1) The payment of a fixed dividend upon its stock; and (2) The remainder prorated to its several stockholders upon their purchases from or sales to the concern or both such purchases and sales. Acts 1921, No. 632, § 2; Pope's Dig., § 2263; A.S.A. 1947, § 64-1503.

As used in this chapter, unless the context otherwise requires, the "cooperative plan" shall be construed to mean a business concern that distributes the net profits of its business by:

(1) The payment of a fixed dividend upon its stock; and

(2) The remainder prorated to its several stockholders upon their purchases from or sales to the concern or both such purchases and sales.

Acts 1921, No. 632, § 2; Pope's Dig., § 2263; A.S.A. 1947, § 64-1503.
Ark. Code Ann. § 4-46-307 — AR Code / Title 4 / Chapter 46 / Subchapter 3 / Section 4-46-307
Actions by and against partnership and partners
Status: in_force

(a) A partnership may sue and be sued in the name of the partnership. (b) An action may be brought against the partnership and, to the extent not inconsistent with § 4-46-306 , any or all of the partners in the same action or in separate actions. (c) A judgment against a partnership is not by itself a judgment against a partner. A judgment against a partnership may not be satisfied from a partner's assets unless there is also a judgment against the partner. (d) A judgment creditor of a partner may not levy execution against the assets of the partner to satisfy a judgment based on a claim against the partnership unless the partner is personally liable for the claim under § 4-46-306 and: (1) a judgment based on the same claim has been obtained against the partnership and a writ of execution on the judgment has been returned unsatisfied in whole or in part; (2) the partnership is a debtor in bankruptcy; (3) the partner has agreed that the creditor need not exhaust partnership assets; (4) a court grants permission to the judgment creditor to levy execution against the assets of a partner based on a finding that partnership assets subject to execution are clearly insufficient to satisfy the judgment, that exhaustion of partnership assets is excessively burdensome, or that the grant of permission is an appropriate exercise of the court's equitable powers; or (5) liability is imposed on the partner by law or contract independent of the existence of the partnership. (e) This section applies to any partnership liability or obligation resulting from a representation by a partner or purported partner under § 4-46-308 . Acts 1999, No. 1518, § 307.

(a) A partnership may sue and be sued in the name of the partnership.

(b) An action may be brought against the partnership and, to the extent not inconsistent with § 4-46-306 , any or all of the partners in the same action or in separate actions.

(c) A judgment against a partnership is not by itself a judgment against a partner. A judgment against a partnership may not be satisfied from a partner's assets unless there is also a judgment against the partner.

(d) A judgment creditor of a partner may not levy execution against the assets of the partner to satisfy a judgment based on a claim against the partnership unless the partner is personally liable for the claim under § 4-46-306 and: (1) a judgment based on the same claim has been obtained against the partnership and a writ of execution on the judgment has been returned unsatisfied in whole or in part; (2) the partnership is a debtor in bankruptcy; (3) the partner has agreed that the creditor need not exhaust partnership assets; (4) a court grants permission to the judgment creditor to levy execution against the assets of a partner based on a finding that partnership assets subject to execution are clearly insufficient to satisfy the judgment, that exhaustion of partnership assets is excessively burdensome, or that the grant of permission is an appropriate exercise of the court's equitable powers; or (5) liability is imposed on the partner by law or contract independent of the existence of the partnership.

(1) a judgment based on the same claim has been obtained against the partnership and a writ of execution on the judgment has been returned unsatisfied in whole or in part;

(2) the partnership is a debtor in bankruptcy;

(3) the partner has agreed that the creditor need not exhaust partnership assets;

(4) a court grants permission to the judgment creditor to levy execution against the assets of a partner based on a finding that partnership assets subject to execution are clearly insufficient to satisfy the judgment, that exhaustion of partnership assets is excessively burdensome, or that the grant of permission is an appropriate exercise of the court's equitable powers; or

(5) liability is imposed on the partner by law or contract independent of the existence of the partnership.

(e) This section applies to any partnership liability or obligation resulting from a representation by a partner or purported partner under § 4-46-308 .

Acts 1999, No. 1518, § 307.
Ark. Code Ann. § 4-26-307 — AR Code / Title 4 / Chapter 26 / Subchapter 3 / Section 4-26-307
Amendment of articles of incorporation in reorganization proceedings
Status: in_force

(a) Whenever a plan of reorganization of a corporation has been confirmed by decree or order of a court of competent jurisdiction in proceedings for the reorganization of the corporation, pursuant to the provisions of any applicable statute of the United States relating to reorganizations of corporations, the articles of incorporation of the corporation may be amended in the manner provided in this section, in as many respects as may be necessary to carry out the plan and put it into effect, so long as the articles of incorporation as amended contain only such provisions as might be lawfully contained in original articles of incorporation at the time of making the amendment. (b) In particular and without limitation upon the general power of amendment, the articles of incorporation may be amended for such purpose so as to: (1) Change the corporate name, period of duration, or corporate purposes of the corporation; (2) Repeal, alter, or amend the bylaws of the corporation; (3) Change the aggregate number of shares, or shares of any class, which the corporation has authority to issue; (4) Change the preferences, limitations, and relative rights in respect of all or any part of the shares of the corporation, and classify, reclassify, or cancel all or any part, whether issued or unissued; (5) Authorize the issuance of bonds, debentures, or other obligations of the corporation, whether or not convertible into shares of any class or bearing warrants or other evidences of optional rights to purchase or subscribe for shares of any class, and fix the terms and conditions thereof; and (6) Constitute or reconstitute the board of directors of the corporation and appoint directors and officers in place of or in addition to all or any of the directors or officers then in office. (c) Amendments to the articles of incorporation pursuant to this section shall be made in the following manner: (1) Articles of amendment approved by decree or order of the court shall be executed and verified in duplicate by such person as the court shall designate or appoint for the purpose; (2) The articles of amendment shall set forth the name of the corporation, the amendments of the articles of incorporation approved by the court, the date of the decree or order approving the articles of amendment, the title of the proceedings in which the decree or order was entered, and a statement that the decree or order was entered by a court having jurisdiction of the proceedings for the reorganization of the corporation pursuant to the provisions of an applicable statute of the United States; (3) The articles of amendment shall be filed in accordance with § 4-26-1201 . (d) An amendment effected under this section shall be binding and operative, without any action thereon by the directors or shareholders, and with the same effect as if the amendment had been adopted by unanimous action of the directors and shareholders of the corporation. Acts 1965, No. 576, § 65; A.S.A. 1947, § 64-512.

(a) Whenever a plan of reorganization of a corporation has been confirmed by decree or order of a court of competent jurisdiction in proceedings for the reorganization of the corporation, pursuant to the provisions of any applicable statute of the United States relating to reorganizations of corporations, the articles of incorporation of the corporation may be amended in the manner provided in this section, in as many respects as may be necessary to carry out the plan and put it into effect, so long as the articles of incorporation as amended contain only such provisions as might be lawfully contained in original articles of incorporation at the time of making the amendment.

(b) In particular and without limitation upon the general power of amendment, the articles of incorporation may be amended for such purpose so as to: (1) Change the corporate name, period of duration, or corporate purposes of the corporation; (2) Repeal, alter, or amend the bylaws of the corporation; (3) Change the aggregate number of shares, or shares of any class, which the corporation has authority to issue; (4) Change the preferences, limitations, and relative rights in respect of all or any part of the shares of the corporation, and classify, reclassify, or cancel all or any part, whether issued or unissued; (5) Authorize the issuance of bonds, debentures, or other obligations of the corporation, whether or not convertible into shares of any class or bearing warrants or other evidences of optional rights to purchase or subscribe for shares of any class, and fix the terms and conditions thereof; and (6) Constitute or reconstitute the board of directors of the corporation and appoint directors and officers in place of or in addition to all or any of the directors or officers then in office.

(1) Change the corporate name, period of duration, or corporate purposes of the corporation;

(2) Repeal, alter, or amend the bylaws of the corporation;

(3) Change the aggregate number of shares, or shares of any class, which the corporation has authority to issue;

(4) Change the preferences, limitations, and relative rights in respect of all or any part of the shares of the corporation, and classify, reclassify, or cancel all or any part, whether issued or unissued;

(5) Authorize the issuance of bonds, debentures, or other obligations of the corporation, whether or not convertible into shares of any class or bearing warrants or other evidences of optional rights to purchase or subscribe for shares of any class, and fix the terms and conditions thereof; and

(6) Constitute or reconstitute the board of directors of the corporation and appoint directors and officers in place of or in addition to all or any of the directors or officers then in office.

(c) Amendments to the articles of incorporation pursuant to this section shall be made in the following manner: (1) Articles of amendment approved by decree or order of the court shall be executed and verified in duplicate by such person as the court shall designate or appoint for the purpose; (2) The articles of amendment shall set forth the name of the corporation, the amendments of the articles of incorporation approved by the court, the date of the decree or order approving the articles of amendment, the title of the proceedings in which the decree or order was entered, and a statement that the decree or order was entered by a court having jurisdiction of the proceedings for the reorganization of the corporation pursuant to the provisions of an applicable statute of the United States; (3) The articles of amendment shall be filed in accordance with § 4-26-1201 .

(1) Articles of amendment approved by decree or order of the court shall be executed and verified in duplicate by such person as the court shall designate or appoint for the purpose;

(2) The articles of amendment shall set forth the name of the corporation, the amendments of the articles of incorporation approved by the court, the date of the decree or order approving the articles of amendment, the title of the proceedings in which the decree or order was entered, and a statement that the decree or order was entered by a court having jurisdiction of the proceedings for the reorganization of the corporation pursuant to the provisions of an applicable statute of the United States;

(3) The articles of amendment shall be filed in accordance with § 4-26-1201 .

(d) An amendment effected under this section shall be binding and operative, without any action thereon by the directors or shareholders, and with the same effect as if the amendment had been adopted by unanimous action of the directors and shareholders of the corporation.

Acts 1965, No. 576, § 65; A.S.A. 1947, § 64-512.
Ark. Code Ann. § 4-28-601 — AR Code / Title 4 / Chapter 28 / Subchapter 6 / Section 4-28-601
Short title
Status: in_force

This subchapter may be cited as the Revised Uniform Unincorporated Nonprofit Association Act. Acts 2011, No. 202, § 2.

This subchapter may be cited as the Revised Uniform Unincorporated Nonprofit Association Act.

Acts 2011, No. 202, § 2.
Ark. Code Ann. § 4-26-703 — AR Code / Title 4 / Chapter 26 / Subchapter 7 / Section 4-26-703
Shareholders' meetings - Notice - Special meetings
Status: in_force

(a) (1) Written or printed notice stating the place, day, and hour of the meeting, and, in case of a special meeting, the purpose for which the meeting is called shall be delivered not less than sixty (60) nor more than seventy-five (75) days before the date of the meeting if a proposal to increase the authorized capital stock or bond indebtedness is to be submitted, and in all other cases not less than ten (10) nor more than fifty (50) days before the date of the meeting, either personally or by mail, by or at the direction of the president, the secretary, or any officer designated for that purpose in the bylaws or by the board of directors, or by the shareholder calling the meeting, to each shareholder of record entitled to vote at the meeting. (2) If mailed, the notice shall be deemed to be delivered when deposited in the United States mail addressed to the shareholder at his or her address as it appears on the books of the corporation, with postage prepaid. (b) If a proposal to increase authorized capital stock or bond indebtedness; or to dissolve or merge or consolidate; or to sell, lease, exchange, or otherwise dispose of all or substantially all of the corporate assets other than in the regular course of business; or to alter the capital structure; or to amend the articles of incorporation; or to effect any other fundamental change is to be submitted at an annual meeting of the shareholders, the annual meeting shall be deemed for that purpose a special meeting; and notice based upon a proper call shall be given accordingly. Acts 1965, No. 576, § 31; A.S.A. 1947, § 64-215.

(a) (1) Written or printed notice stating the place, day, and hour of the meeting, and, in case of a special meeting, the purpose for which the meeting is called shall be delivered not less than sixty (60) nor more than seventy-five (75) days before the date of the meeting if a proposal to increase the authorized capital stock or bond indebtedness is to be submitted, and in all other cases not less than ten (10) nor more than fifty (50) days before the date of the meeting, either personally or by mail, by or at the direction of the president, the secretary, or any officer designated for that purpose in the bylaws or by the board of directors, or by the shareholder calling the meeting, to each shareholder of record entitled to vote at the meeting. (2) If mailed, the notice shall be deemed to be delivered when deposited in the United States mail addressed to the shareholder at his or her address as it appears on the books of the corporation, with postage prepaid.

(1) Written or printed notice stating the place, day, and hour of the meeting, and, in case of a special meeting, the purpose for which the meeting is called shall be delivered not less than sixty (60) nor more than seventy-five (75) days before the date of the meeting if a proposal to increase the authorized capital stock or bond indebtedness is to be submitted, and in all other cases not less than ten (10) nor more than fifty (50) days before the date of the meeting, either personally or by mail, by or at the direction of the president, the secretary, or any officer designated for that purpose in the bylaws or by the board of directors, or by the shareholder calling the meeting, to each shareholder of record entitled to vote at the meeting.

(2) If mailed, the notice shall be deemed to be delivered when deposited in the United States mail addressed to the shareholder at his or her address as it appears on the books of the corporation, with postage prepaid.

(b) If a proposal to increase authorized capital stock or bond indebtedness; or to dissolve or merge or consolidate; or to sell, lease, exchange, or otherwise dispose of all or substantially all of the corporate assets other than in the regular course of business; or to alter the capital structure; or to amend the articles of incorporation; or to effect any other fundamental change is to be submitted at an annual meeting of the shareholders, the annual meeting shall be deemed for that purpose a special meeting; and notice based upon a proper call shall be given accordingly.

Acts 1965, No. 576, § 31; A.S.A. 1947, § 64-215.