Ark. Code Ann. § 4-70-103 — AR Code / Title 4 / Chapter 70 / Subchapter 1 / Section 4-70-103
Tickets sold over the internet - Definition
Status: in_force

(a) Tickets of admission to a live entertainment event, theatre, musical performance, or place of public entertainment or amusement of any kind shall not be offered for sale by any person over the internet until the tickets have been placed on sale by the venue or entity hosting the event or its authorized agent. (b) Internet portals or websites shall not allow a person to offer for resale a ticket of admission to a live entertainment event, theatre, musical performance, or place of public entertainment or amusement of any kind until the tickets have been placed on sale by the venue or entity hosting the event or its authorized agent. (c) This section does not apply to sporting or athletic events. (d) As used in this section, "placed on sale" means the date and time when tickets are made available for sale to the general public, including without limitation to fan clubs, businesses, and persons for promotional activities. Amended by Act 2015, No. 860,§ 1, eff. 7/22/2015. Acts 2009, No. 573, § 1.

(a) Tickets of admission to a live entertainment event, theatre, musical performance, or place of public entertainment or amusement of any kind shall not be offered for sale by any person over the internet until the tickets have been placed on sale by the venue or entity hosting the event or its authorized agent.

(b) Internet portals or websites shall not allow a person to offer for resale a ticket of admission to a live entertainment event, theatre, musical performance, or place of public entertainment or amusement of any kind until the tickets have been placed on sale by the venue or entity hosting the event or its authorized agent.

(c) This section does not apply to sporting or athletic events.

(d) As used in this section, "placed on sale" means the date and time when tickets are made available for sale to the general public, including without limitation to fan clubs, businesses, and persons for promotional activities.

Amended by Act 2015, No. 860,§ 1, eff. 7/22/2015.

Acts 2009, No. 573, § 1.
Ark. Code Ann. § 4-93-103 — AR Code / Title 4 / Chapter 93 / Section 4-93-103
Notice of adverse action - Required
Status: in_force

Whenever credit, the further extension of existing credit, or the increase in limits of existing credit for personal, family, or household purposes is denied either wholly or partly because of information contained in a consumer report from a consumer reporting agency, the user of the consumer report shall so advise the consumer against whom such adverse action has been taken. Acts 1989, No. 431, § 3; 1989, No. 593, § 3.

Whenever credit, the further extension of existing credit, or the increase in limits of existing credit for personal, family, or household purposes is denied either wholly or partly because of information contained in a consumer report from a consumer reporting agency, the user of the consumer report shall so advise the consumer against whom such adverse action has been taken.

Acts 1989, No. 431, § 3; 1989, No. 593, § 3.
Ark. Code Ann. § 4-88-204 — AR Code / Title 4 / Chapter 88 / Subchapter 2 / Section 4-88-204
Cause of action
Status: in_force

An elder person or person with a disability who suffers damage or injury as a result of an offense or violation described in this chapter has a cause of action to recover actual damages, punitive damages, if appropriate, and reasonable attorney's fees. Restitution ordered pursuant to this section has priority over a civil penalty imposed pursuant to this subchapter. Amended by Act 2019, No. 1035,§ 2, eff. 7/24/2019. Acts 1993, No. 138, § 1.

An elder person or person with a disability who suffers damage or injury as a result of an offense or violation described in this chapter has a cause of action to recover actual damages, punitive damages, if appropriate, and reasonable attorney's fees. Restitution ordered pursuant to this section has priority over a civil penalty imposed pursuant to this subchapter.

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

Acts 1993, No. 138, § 1.
Ark. Code Ann. § 4-27-205 — AR Code / Title 4 / Chapter 27 / Subchapter 2 / Section 4-27-205
Organization of corporation
Status: in_force

(a) After incorporation: (1) if initial directors are named in the articles of incorporation, the initial directors shall hold an organizational meeting, at the call of a majority of the directors, to complete the organization of the corporation by appointing officers, adopting bylaws, and carrying on any other business brought before the meeting; (2) if initial directors are not named in the articles, the incorporator or incorporators shall hold an organizational meeting at the call of a majority of the incorporators: (i) to elect directors and complete the organization of the corporation; or (ii) to elect a board of directors who shall complete the organization of the corporation. (b) Action required or permitted by this chapter to be taken by incorporators at an organizational meeting may be taken without a meeting if the action taken is evidenced by one (1) or more written consents describing the action taken and signed by each incorporator. (c) An organizational meeting may be held in or out of this state. Acts 1987, No. 958, § 64-205.

(a) After incorporation: (1) if initial directors are named in the articles of incorporation, the initial directors shall hold an organizational meeting, at the call of a majority of the directors, to complete the organization of the corporation by appointing officers, adopting bylaws, and carrying on any other business brought before the meeting; (2) if initial directors are not named in the articles, the incorporator or incorporators shall hold an organizational meeting at the call of a majority of the incorporators: (i) to elect directors and complete the organization of the corporation; or (ii) to elect a board of directors who shall complete the organization of the corporation.

(1) if initial directors are named in the articles of incorporation, the initial directors shall hold an organizational meeting, at the call of a majority of the directors, to complete the organization of the corporation by appointing officers, adopting bylaws, and carrying on any other business brought before the meeting;

(2) if initial directors are not named in the articles, the incorporator or incorporators shall hold an organizational meeting at the call of a majority of the incorporators: (i) to elect directors and complete the organization of the corporation; or (ii) to elect a board of directors who shall complete the organization of the corporation.

(i) to elect directors and complete the organization of the corporation; or

(ii) to elect a board of directors who shall complete the organization of the corporation.

(b) Action required or permitted by this chapter to be taken by incorporators at an organizational meeting may be taken without a meeting if the action taken is evidenced by one (1) or more written consents describing the action taken and signed by each incorporator.

(c) An organizational meeting may be held in or out of this state.

Acts 1987, No. 958, § 64-205.
Ark. Code Ann. § 4-30-103 — AR Code / Title 4 / Chapter 30 / Subchapter 1 / Section 4-30-103
Effect of chapter upon section 2-2-401 et seq
Status: in_force

The provisions of this chapter shall not be construed in any manner to limit, restrict, enlarge, modify, change, conflict with, or in any manner whatever affect the provisions of the Cooperative Marketing Act, § 2-2-401 et seq., it being the intent of the General Assembly that each of those sections and this chapter shall be independent of each other. Acts 1921, No. 632, § 17; Pope's Dig., § 2278; A.S.A. 1947, § 64-1517.

The provisions of this chapter shall not be construed in any manner to limit, restrict, enlarge, modify, change, conflict with, or in any manner whatever affect the provisions of the Cooperative Marketing Act, § 2-2-401 et seq., it being the intent of the General Assembly that each of those sections and this chapter shall be independent of each other.

Acts 1921, No. 632, § 17; Pope's Dig., § 2278; A.S.A. 1947, § 64-1517.
Ark. Code Ann. § 4-26-106 — AR Code / Title 4 / Chapter 26 / Subchapter 1 / Section 4-26-106
Certificates of Secretary of State to be received in evidence
Status: in_force

A certificate of the Secretary of State under the Great Seal of Arkansas, as to the existence or nonexistence of facts relating to corporations which would not appear from a certified copy of any documents on file in his or her office shall be taken and received in all courts, public offices, and official bodies as prima facie evidence of the existence or nonexistence of the facts therein stated. Acts 1965, No. 576, § 94; A.S.A. 1947, § 64-118.

A certificate of the Secretary of State under the Great Seal of Arkansas, as to the existence or nonexistence of facts relating to corporations which would not appear from a certified copy of any documents on file in his or her office shall be taken and received in all courts, public offices, and official bodies as prima facie evidence of the existence or nonexistence of the facts therein stated.

Acts 1965, No. 576, § 94; A.S.A. 1947, § 64-118.
Ark. Code Ann. § 4-47-602 — AR Code / Title 4 / Chapter 47 / Subchapter 6 / Section 4-47-602
Effect of dissociation as limited partner
Status: in_force

(a) Upon a person's dissociation as a limited partner: (1) subject to § 4-47-704 , the person does not have further rights as a limited partner; (2) the person's obligation of good faith and fair dealing as a limited partner under § 4-47-305(b) continues only as to matters arising and events occurring before the dissociation; and (3) subject to § 4-47-704 and subchapter 11, any transferable interest owned by the person in the person's capacity as a limited partner immediately before dissociation is owned by the person as a mere transferee. (b) A person's dissociation as a limited partner does not of itself discharge the person from any obligation to the limited partnership or the other partners which the person incurred while a limited partner. Acts 2007, No. 15, § 1.

(a) Upon a person's dissociation as a limited partner: (1) subject to § 4-47-704 , the person does not have further rights as a limited partner; (2) the person's obligation of good faith and fair dealing as a limited partner under § 4-47-305(b) continues only as to matters arising and events occurring before the dissociation; and (3) subject to § 4-47-704 and subchapter 11, any transferable interest owned by the person in the person's capacity as a limited partner immediately before dissociation is owned by the person as a mere transferee.

(1) subject to § 4-47-704 , the person does not have further rights as a limited partner;

(2) the person's obligation of good faith and fair dealing as a limited partner under § 4-47-305(b) continues only as to matters arising and events occurring before the dissociation; and

(3) subject to § 4-47-704 and subchapter 11, any transferable interest owned by the person in the person's capacity as a limited partner immediately before dissociation is owned by the person as a mere transferee.

(b) A person's dissociation as a limited partner does not of itself discharge the person from any obligation to the limited partnership or the other partners which the person incurred while a limited partner.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-38-121 — AR Code / Title 4 / Chapter 38 / Subchapter 1 / Section 4-38-121
Reservation of power to amend or repeal
Status: in_force

The General Assembly has power to amend or repeal all or part of this chapter at any time, and all limited liability companies and foreign limited liability companies subject to this chapter are governed by the amendment or repeal. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

The General Assembly has power to amend or repeal all or part of this chapter at any time, and all limited liability companies and foreign limited liability companies subject to this chapter are governed by the amendment or repeal.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-46-501 — AR Code / Title 4 / Chapter 46 / Subchapter 5 / Section 4-46-501
Partner not co-owner of partnership property
Status: in_force

A partner is not a co-owner of partnership property and has no interest in partnership property which can be transferred, either voluntarily or involuntarily. Acts 1999, No. 1518, § 501.

A partner is not a co-owner of partnership property and has no interest in partnership property which can be transferred, either voluntarily or involuntarily.

Acts 1999, No. 1518, § 501.
Ark. Code Ann. § 4-30-114 — AR Code / Title 4 / Chapter 30 / Subchapter 1 / Section 4-30-114
Annual reports
Status: in_force

Each corporation organized under the provisions of this chapter shall make an annual report to the Secretary of State, as is required of other corporations. However, the cooperative corporation shall be required to report the names of its stockholders and the amount of the stock owned by each for such years only as may be required by the Secretary of State. Acts 1921, No. 632, § 10; Pope's Dig., § 2271; Acts 1969, No. 39, § 1; A.S.A. 1947, § 64-1511.

Each corporation organized under the provisions of this chapter shall make an annual report to the Secretary of State, as is required of other corporations. However, the cooperative corporation shall be required to report the names of its stockholders and the amount of the stock owned by each for such years only as may be required by the Secretary of State.

Acts 1921, No. 632, § 10; Pope's Dig., § 2271; Acts 1969, No. 39, § 1; A.S.A. 1947, § 64-1511.
Ark. Code Ann. § 4-33-1705 — AR Code / Title 4 / Chapter 33 / Subchapter 17 / Section 4-33-1705
Repeal
Status: in_force

All laws and parts of laws in conflict with this chapter are hereby repealed. Acts 1993, No. 1147, § 1809.

All laws and parts of laws in conflict with this chapter are hereby repealed.

Acts 1993, No. 1147, § 1809.
Ark. Code Ann. § 4-90-405 — AR Code / Title 4 / Chapter 90 / Subchapter 4 / Section 4-90-405
Required warranty repairs
Status: in_force

If a motor vehicle does not conform to the warranty and the consumer reports the nonconformity to the manufacturer, its agent, or authorized dealer during the motor vehicle quality assurance period, the manufacturer, its agent, or authorized dealer shall make repairs as are necessary to correct the nonconformity, even if the repairs are made after the expiration of the term of protection. Acts 1993, No. 285, § 4; 1993, No. 297, § 4; 2001, No. 1134, § 4.

If a motor vehicle does not conform to the warranty and the consumer reports the nonconformity to the manufacturer, its agent, or authorized dealer during the motor vehicle quality assurance period, the manufacturer, its agent, or authorized dealer shall make repairs as are necessary to correct the nonconformity, even if the repairs are made after the expiration of the term of protection.

Acts 1993, No. 285, § 4; 1993, No. 297, § 4; 2001, No. 1134, § 4.
Ark. Code Ann. § 4-75-714 — AR Code / Title 4 / Chapter 75 / Subchapter 7 / Section 4-75-714
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1235,§ 32, eff. 5/1/2015. Amended by Act 2013, No. 1273,§ 1, eff. 8/16/2013. Acts 2001, No. 1699, § 1; 2009, No. 785, § 5.

Repealed by Act 2015, No. 1235,§ 32, eff. 5/1/2015.

Amended by Act 2013, No. 1273,§ 1, eff. 8/16/2013.

Acts 2001, No. 1699, § 1; 2009, No. 785, § 5.
Ark. Code Ann. § 4-47-401 — AR Code / Title 4 / Chapter 47 / Subchapter 4 / Section 4-47-401
Becoming general partner
Status: in_force

A person becomes a general partner: (1) as provided in the partnership agreement; (2) under § 4-47-801(3)(B) following the dissociation of a limited partnership's last general partner; (3) as the result of a conversion or merger under subchapter 11; or (4) with the consent of all the partners. Acts 2007, No. 15, § 1.

A person becomes a general partner:

(1) as provided in the partnership agreement;

(2) under § 4-47-801(3)(B) following the dissociation of a limited partnership's last general partner;

(3) as the result of a conversion or merger under subchapter 11; or

(4) with the consent of all the partners.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-28-632 — AR Code / Title 4 / Chapter 28 / Subchapter 6 / Section 4-28-632
Uniformity of application and construction
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Acts 2011, No. 202, § 2.

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

Acts 2011, No. 202, § 2.
Ark. Code Ann. § 4-46-1101 — AR Code / Title 4 / Chapter 46 / Subchapter 11 / Section 4-46-1101
Law governing foreign limited liability partnership
Status: in_force

(a) The laws under which a foreign limited liability partnership is formed govern relations among the partners and between the partners and the partnership and the liability of partners for obligations of the partnership. (b) A foreign limited liability partnership may not be denied a statement of foreign qualification by reason of any difference between the laws under which the partnership was formed and the laws of this State. (c) A statement of foreign qualification does not authorize a foreign limited liability partnership to engage in any business or exercise any power that a partnership may not engage in or exercise in this State as a limited liability partnership. Acts 1999, No. 1518, § 1101.

(a) The laws under which a foreign limited liability partnership is formed govern relations among the partners and between the partners and the partnership and the liability of partners for obligations of the partnership.

(b) A foreign limited liability partnership may not be denied a statement of foreign qualification by reason of any difference between the laws under which the partnership was formed and the laws of this State.

(c) A statement of foreign qualification does not authorize a foreign limited liability partnership to engage in any business or exercise any power that a partnership may not engage in or exercise in this State as a limited liability partnership.

Acts 1999, No. 1518, § 1101.
Ark. Code Ann. § 4-99-301 — AR Code / Title 4 / Chapter 99 / Subchapter 3 / Section 4-99-301
Definitions
Status: in_force

For the purpose of this subchapter: (1) "Caller identification service" means a service offered by a telecommunications utility that provides caller identification information to a device capable of displaying the information; (2) "Charitable organization" means any charitable organization as that term is defined by § 4-28-401 ; (3) "Consumer" means any person to whom has been assigned in the State of Arkansas any telephone line and corresponding telephone number; (4) "Per call blocking" means a telecommunications service that prevents the transmission of caller identification information to a called party on an individual call if the calling party acts affirmatively to prevent the transmission of the caller identification information; (5) "Per line blocking" means a telecommunications service that prevents the transmission of caller identification to a called party on every call unless the calling party acts affirmatively to release the caller identification information; (6) "Person" means any individual, group, unincorporated association, limited or general partnership, limited liability corporation, corporation, professional fund raiser, charitable organization, or other business entity; and (7) "Telephone solicitation" means the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of or investment in property, goods, or services or the initiation of a telephone call or message for the purpose of encouraging a charitable contribution by or on behalf of any charitable organization, which telephone call or message is transmitted to any consumer. Acts 1999, No. 1361, § 1.

For the purpose of this subchapter:

(1) "Caller identification service" means a service offered by a telecommunications utility that provides caller identification information to a device capable of displaying the information;

(2) "Charitable organization" means any charitable organization as that term is defined by § 4-28-401 ;

(3) "Consumer" means any person to whom has been assigned in the State of Arkansas any telephone line and corresponding telephone number;

(4) "Per call blocking" means a telecommunications service that prevents the transmission of caller identification information to a called party on an individual call if the calling party acts affirmatively to prevent the transmission of the caller identification information;

(5) "Per line blocking" means a telecommunications service that prevents the transmission of caller identification to a called party on every call unless the calling party acts affirmatively to release the caller identification information;

(6) "Person" means any individual, group, unincorporated association, limited or general partnership, limited liability corporation, corporation, professional fund raiser, charitable organization, or other business entity; and

(7) "Telephone solicitation" means the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of or investment in property, goods, or services or the initiation of a telephone call or message for the purpose of encouraging a charitable contribution by or on behalf of any charitable organization, which telephone call or message is transmitted to any consumer.

Acts 1999, No. 1361, § 1.
Ark. Code Ann. § 4-108-203 — AR Code / Title 4 / Chapter 108 / Subchapter 2 / Section 4-108-203
Definitions
Status: in_force

As used in this subchapter: (1) "ASTM" means the ASTM International, a national voluntary consensus standards organization formed for the development of standards on characteristics and performance of materials, products, systems, and services, and the promotion of related knowledge; (2) "Automotive lubricants" means any material interposed between two (2) surfaces that reduces the friction or wear between them; (3) "Board" means the State Plant Board; (4) "Director" means the Director of the State Plant Board and its designated agents; (5) "Engine fuel" means any liquid or gaseous matter used for the generation of power in an internal combustion engine; (6) (A) "Engine fuel designed for special use" means engine fuels designated by the director as requiring registration. (B) (i) These fuels normally have no ASTM International or other national consensus standards applying to their quality or usability. (ii) Common special fuels are racing fuels and those intended for agricultural and other off-road applications; (7) "Person" means an individual, corporation, company, society, association, partnership, or governmental entity; (8) "Petroleum products" means products obtained from distilling and processing of petroleum, crude oil, unfinished oils, recycled oils, natural gas liquids, refinery blend stocks, and other miscellaneous hydrocarbon compounds; and (9) "Sold" means kept, offered, or exposed for sale, or sold. Acts 2001, No. 586, § 3.

As used in this subchapter:

(1) "ASTM" means the ASTM International, a national voluntary consensus standards organization formed for the development of standards on characteristics and performance of materials, products, systems, and services, and the promotion of related knowledge;

(2) "Automotive lubricants" means any material interposed between two (2) surfaces that reduces the friction or wear between them;

(3) "Board" means the State Plant Board;

(4) "Director" means the Director of the State Plant Board and its designated agents;

(5) "Engine fuel" means any liquid or gaseous matter used for the generation of power in an internal combustion engine;

(6) (A) "Engine fuel designed for special use" means engine fuels designated by the director as requiring registration. (B) (i) These fuels normally have no ASTM International or other national consensus standards applying to their quality or usability. (ii) Common special fuels are racing fuels and those intended for agricultural and other off-road applications;

(A) "Engine fuel designed for special use" means engine fuels designated by the director as requiring registration.

(B) (i) These fuels normally have no ASTM International or other national consensus standards applying to their quality or usability. (ii) Common special fuels are racing fuels and those intended for agricultural and other off-road applications;

(i) These fuels normally have no ASTM International or other national consensus standards applying to their quality or usability.

(ii) Common special fuels are racing fuels and those intended for agricultural and other off-road applications;

(7) "Person" means an individual, corporation, company, society, association, partnership, or governmental entity;

(8) "Petroleum products" means products obtained from distilling and processing of petroleum, crude oil, unfinished oils, recycled oils, natural gas liquids, refinery blend stocks, and other miscellaneous hydrocarbon compounds; and

(9) "Sold" means kept, offered, or exposed for sale, or sold.

Acts 2001, No. 586, § 3.
Ark. Code Ann. § 4-19-103 — AR Code / Title 4 / Chapter 19 / Section 4-19-103
Chapter supplemental
Status: in_force

Subtitle 1 of this title and other applicable laws remain in full force and effect and supplement the provisions of this chapter, unless displaced by the specific provisions of this chapter. Acts 1965, No. 375, § 4; A.S.A. 1947, § 73-2303n.

Subtitle 1 of this title and other applicable laws remain in full force and effect and supplement the provisions of this chapter, unless displaced by the specific provisions of this chapter.

Acts 1965, No. 375, § 4; A.S.A. 1947, § 73-2303n.
Ark. Code Ann. § 4-18-343 — AR Code / Title 4 / Chapter 18 / Subchapter 3 / Section 4-18-343
Display of price - Fractions
Status: in_force

Whenever an advertised, posted, or labeled price per unit of weight, measure, or count includes a fraction of a cent, all elements of the fraction shall be prominently displayed and the numerals expressing the fraction shall be immediately adjacent to, of the same general design and style as, and at least one-half (½) the height and width of the numerals representing the whole cents. Acts 2005, No. 914, § 5.

Whenever an advertised, posted, or labeled price per unit of weight, measure, or count includes a fraction of a cent, all elements of the fraction shall be prominently displayed and the numerals expressing the fraction shall be immediately adjacent to, of the same general design and style as, and at least one-half (½) the height and width of the numerals representing the whole cents.

Acts 2005, No. 914, § 5.
Ark. Code Ann. § 4-47-1202 — AR Code / Title 4 / Chapter 47 / Subchapter 12 / Section 4-47-1202
Severability clause
Status: in_force

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. Acts 2007, No. 15, § 1.

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-30-204 — AR Code / Title 4 / Chapter 30 / Subchapter 2 / Section 4-30-204
Future incorporation of cooperative banks prohibited
Status: in_force

After March 22, 1937, it shall not be lawful to organize or create and there shall not be organized or created any cooperative bank as defined in § 4-30-201 , and the Secretary of State shall issue no certificates of incorporation or charters for cooperative banks. Acts 1921, No. 632, § 19 as added by Acts 1937, No. 287, § 1; Pope's Dig., § 2280; A.S.A. 1947, § 64-1519.

After March 22, 1937, it shall not be lawful to organize or create and there shall not be organized or created any cooperative bank as defined in § 4-30-201 , and the Secretary of State shall issue no certificates of incorporation or charters for cooperative banks.

Acts 1921, No. 632, § 19 as added by Acts 1937, No. 287, § 1; Pope's Dig., § 2280; A.S.A. 1947, § 64-1519.
Ark. Code Ann. § 4-47-907 — AR Code / Title 4 / Chapter 47 / Subchapter 9 / Section 4-47-907
Cancellation of certificate of authority - Effect of failure to have certificate
Status: in_force

(a) In order to cancel its certificate of authority to transact business in this State, a foreign limited partnership must deliver to the Secretary of State for filing a notice of cancellation. The certificate is canceled when the notice becomes effective under § 4-47-206 . (b) A foreign limited partnership transacting business in this State may not maintain an action or proceeding in this State unless it has a certificate of authority to transact business in this State. (c) The failure of a foreign limited partnership to have a certificate of authority to transact business in this State does not impair the validity of a contract or act of the foreign limited partnership or prevent the foreign limited partnership from defending an action or proceeding in this State. (d) A partner of a foreign limited partnership is not liable for the obligations of the foreign limited partnership solely by reason of the foreign limited partnership's having transacted business in this State without a certificate of authority. (e) If a foreign limited partnership transacts business in this State without a certificate of authority or cancels its certificate of authority, it appoints the Secretary of State as its agent for service of process for rights of action arising out of the transaction of business in this State. Acts 2007, No. 15, § 1.

(a) In order to cancel its certificate of authority to transact business in this State, a foreign limited partnership must deliver to the Secretary of State for filing a notice of cancellation. The certificate is canceled when the notice becomes effective under § 4-47-206 .

(b) A foreign limited partnership transacting business in this State may not maintain an action or proceeding in this State unless it has a certificate of authority to transact business in this State.

(c) The failure of a foreign limited partnership to have a certificate of authority to transact business in this State does not impair the validity of a contract or act of the foreign limited partnership or prevent the foreign limited partnership from defending an action or proceeding in this State.

(d) A partner of a foreign limited partnership is not liable for the obligations of the foreign limited partnership solely by reason of the foreign limited partnership's having transacted business in this State without a certificate of authority.

(e) If a foreign limited partnership transacts business in this State without a certificate of authority or cancels its certificate of authority, it appoints the Secretary of State as its agent for service of process for rights of action arising out of the transaction of business in this State.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-29-305 — AR Code / Title 4 / Chapter 29 / Subchapter 3 / Section 4-29-305
Formation of corporation - Employee licensing required
Status: in_force

(a) One (1) or more 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., may associate to form a corporation pursuant to the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq., to own, operate, and maintain an establishment for the study, diagnosis, and treatment of human ailments and injuries, whether physical or mental, and to promote medical, surgical, and scientific research and knowledge. (b) However, medical or surgical treatment, consultation, or advice may be given by employees of the corporation only if they are licensed pursuant to the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq. Acts 1961, No. 179, § 2; 1970 (Ex. Sess.), No. 13, § 3; A.S.A. 1947, § 64-1702; Acts 2001, No. 728, § 3.

(a) One (1) or more 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., may associate to form a corporation pursuant to the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq., to own, operate, and maintain an establishment for the study, diagnosis, and treatment of human ailments and injuries, whether physical or mental, and to promote medical, surgical, and scientific research and knowledge.

(b) However, medical or surgical treatment, consultation, or advice may be given by employees of the corporation only if they are licensed pursuant to the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.

Acts 1961, No. 179, § 2; 1970 (Ex. Sess.), No. 13, § 3; A.S.A. 1947, § 64-1702; Acts 2001, No. 728, § 3.
Ark. Code Ann. § 4-29-208 — AR Code / Title 4 / Chapter 29 / Subchapter 2 / Section 4-29-208
Officers, directors, and shareholders
Status: in_force

All of the officers, directors, and shareholders of a corporation subject to this subchapter shall be, at all times, persons licensed pursuant to the laws of this state governing their profession. 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 1963, No. 155, § 14; A.S.A. 1947, § 64-2014.

All of the officers, directors, and shareholders of a corporation subject to this subchapter shall be, at all times, persons licensed pursuant to the laws of this state governing their profession. 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 1963, No. 155, § 14; A.S.A. 1947, § 64-2014.
Ark. Code Ann. § 4-28-302 — AR Code / Title 4 / Chapter 28 / Subchapter 3 / Section 4-28-302
Domestic corporations - Merger pursuant to plan
Status: in_force

(a) Any two (2) or more domestic corporations may merge into one (1) of such corporations pursuant to a plan of merger approved in the manner provided in this subchapter. (b) Each corporation shall adopt a plan of merger setting forth: (1) The name of the corporations proposing to merge; (2) The name of the corporation into which they propose to merge, which is hereinafter designated as the surviving corporation; (3) The terms and conditions of the proposed merger; (4) A statement of any changes in the articles of incorporation of the surviving corporation to be affected by the merger; and (5) Any other provisions with respect to the proposed merger as are deemed necessary or desirable. Acts 1983, No. 614, § 1; A.S.A. 1947, § 64-1925.

(a) Any two (2) or more domestic corporations may merge into one (1) of such corporations pursuant to a plan of merger approved in the manner provided in this subchapter.

(b) Each corporation shall adopt a plan of merger setting forth: (1) The name of the corporations proposing to merge; (2) The name of the corporation into which they propose to merge, which is hereinafter designated as the surviving corporation; (3) The terms and conditions of the proposed merger; (4) A statement of any changes in the articles of incorporation of the surviving corporation to be affected by the merger; and (5) Any other provisions with respect to the proposed merger as are deemed necessary or desirable.

(1) The name of the corporations proposing to merge;

(2) The name of the corporation into which they propose to merge, which is hereinafter designated as the surviving corporation;

(3) The terms and conditions of the proposed merger;

(4) A statement of any changes in the articles of incorporation of the surviving corporation to be affected by the merger; and

(5) Any other provisions with respect to the proposed merger as are deemed necessary or desirable.

Acts 1983, No. 614, § 1; A.S.A. 1947, § 64-1925.
Ark. Code Ann. § 4-18-302 — AR Code / Title 4 / Chapter 18 / Subchapter 3 / Section 4-18-302
Systems of weights and measures
Status: in_force

The International System of Units (SI) and the system of weights and measures in customary use in the United States are jointly recognized, and either one (1) or both of these systems shall be used for all commercial purposes in the state. The definitions of basic units of weight and measure, the tables of weight and measure, and weights and measures equivalents as published by the National Institute of Standards and Technology are recognized and shall govern weighing and measuring equipment and transactions in the state. Acts 2001, No. 587, § 2.

The International System of Units (SI) and the system of weights and measures in customary use in the United States are jointly recognized, and either one (1) or both of these systems shall be used for all commercial purposes in the state. The definitions of basic units of weight and measure, the tables of weight and measure, and weights and measures equivalents as published by the National Institute of Standards and Technology are recognized and shall govern weighing and measuring equipment and transactions in the state.

Acts 2001, No. 587, § 2.
Ark. Code Ann. § 4-90-509 — AR Code / Title 4 / Chapter 90 / Subchapter 5 / Section 4-90-509
Rulemaking power
Status: in_force

(a) The Insurance Commissioner may adopt such administrative rules as are necessary to implement the provisions of this subchapter. (b) The commissioner may promulgate rules providing for the filing with the commissioner of motor vehicle service contract forms by motor vehicle service contract providers and warrantors under § 4-90-504 if rules do not require the approval of the forms by the commissioner before their initial use. Amended by Act 2017, No. 364,§ 6, eff. 8/1/2017. Acts 1993, No. 805, §§ 8, 12.

(a) The Insurance Commissioner may adopt such administrative rules as are necessary to implement the provisions of this subchapter.

(b) The commissioner may promulgate rules providing for the filing with the commissioner of motor vehicle service contract forms by motor vehicle service contract providers and warrantors under § 4-90-504 if rules do not require the approval of the forms by the commissioner before their initial use.

Amended by Act 2017, No. 364,§ 6, eff. 8/1/2017.

Acts 1993, No. 805, §§ 8, 12.
Ark. Code Ann. § 4-18-336 — AR Code / Title 4 / Chapter 18 / Subchapter 3 / Section 4-18-336
State standards - Certification
Status: in_force

(a) After certification for use by the National Institute of Standards and Technology, the weights and measures in conformity with federal standards shall be the state standards of weight and measure. (b) The state standards shall: (1) Be kept in a safe and suitable place in the office or laboratory of the Arkansas Bureau of Standards; (2) Not be removed from the office or laboratory except for repairs or for certification; (3) Be submitted at least one (1) time every ten (10) years to the National Institute of Standards and Technology for certification; and (4) Be used only in verifying the office standards and for scientific purposes. Acts 2005, No. 914, § 5.

(a) After certification for use by the National Institute of Standards and Technology, the weights and measures in conformity with federal standards shall be the state standards of weight and measure.

(b) The state standards shall: (1) Be kept in a safe and suitable place in the office or laboratory of the Arkansas Bureau of Standards; (2) Not be removed from the office or laboratory except for repairs or for certification; (3) Be submitted at least one (1) time every ten (10) years to the National Institute of Standards and Technology for certification; and (4) Be used only in verifying the office standards and for scientific purposes.

(1) Be kept in a safe and suitable place in the office or laboratory of the Arkansas Bureau of Standards;

(2) Not be removed from the office or laboratory except for repairs or for certification;

(3) Be submitted at least one (1) time every ten (10) years to the National Institute of Standards and Technology for certification; and

(4) Be used only in verifying the office standards and for scientific purposes.

Acts 2005, No. 914, § 5.
Ark. Code Ann. § 4-86-111 — AR Code / Title 4 / Chapter 86 / Section 4-86-111
[Repealed]
Status: repealed

Repealed by Act 2021EX2, No. 13,§ 1, eff. 12/9/2021. Repealed by Act 2021EX2, No. 9,§ 1, eff. 12/9/2021. Added by Act 2021, No. 1104,§ 1, eff. 1/1/2022. Repealed by Act 2021EX2, No. 9,§ 1, eff. 12/9/2021.

Repealed by Act 2021EX2, No. 13,§ 1, eff. 12/9/2021.

Repealed by Act 2021EX2, No. 9,§ 1, eff. 12/9/2021.

Added by Act 2021, No. 1104,§ 1, eff. 1/1/2022.

Repealed by Act 2021EX2, No. 9,§ 1, eff. 12/9/2021.
Ark. Code Ann. § 4-72-203 — AR Code / Title 4 / Chapter 72 / Subchapter 2 / Section 4-72-203
Applicability of subchapter
Status: in_force

(a) (1) This subchapter applies only to a franchise entered into, renewed, or transferred after March 4, 1977, the performance of which contemplates or requires the franchise to establish or maintain a place of business within the State of Arkansas. (2) To the fullest extent permitted by the United States Constitution and the Arkansas Constitution, this subsection is intended to apply to a franchise: (A) In existence on August 1, 2023; and (B) Granted, renewed, or transferred after August 1, 2023. (b) This subchapter does not apply to those business relations, actions, transactions, or franchises subject to § 4-72-401 et seq. and § 4-72-501 et seq. or to any franchise for which the initial franchise fee paid by the franchisee or franchise owner to the franchisor does not exceed twenty thousand dollars ($20,000) and the initial term of the franchise does not exceed one (1) year. (c) Notwithstanding the provisions of subsection (b) of this section, this subchapter applies to the relationship between a wholesaler and a supplier of wine, spirits, beer, nonalcoholic beverages, or any other alcoholic beverage regardless of the initial franchise fee, if any, or initial term of the franchise. Amended by Act 2023, No. 847,§ 3, eff. 8/1/2023, app. retroactively to the effective date of Acts 1991, No. 411. Acts 1977, No. 355, § 3; A.S.A. 1947, § 70-809; Acts 1991, No. 760, § 2.

(a) (1) This subchapter applies only to a franchise entered into, renewed, or transferred after March 4, 1977, the performance of which contemplates or requires the franchise to establish or maintain a place of business within the State of Arkansas. (2) To the fullest extent permitted by the United States Constitution and the Arkansas Constitution, this subsection is intended to apply to a franchise: (A) In existence on August 1, 2023; and (B) Granted, renewed, or transferred after August 1, 2023.

(1) This subchapter applies only to a franchise entered into, renewed, or transferred after March 4, 1977, the performance of which contemplates or requires the franchise to establish or maintain a place of business within the State of Arkansas.

(2) To the fullest extent permitted by the United States Constitution and the Arkansas Constitution, this subsection is intended to apply to a franchise: (A) In existence on August 1, 2023; and (B) Granted, renewed, or transferred after August 1, 2023.

(A) In existence on August 1, 2023; and

(B) Granted, renewed, or transferred after August 1, 2023.

(b) This subchapter does not apply to those business relations, actions, transactions, or franchises subject to § 4-72-401 et seq. and § 4-72-501 et seq. or to any franchise for which the initial franchise fee paid by the franchisee or franchise owner to the franchisor does not exceed twenty thousand dollars ($20,000) and the initial term of the franchise does not exceed one (1) year.

(c) Notwithstanding the provisions of subsection (b) of this section, this subchapter applies to the relationship between a wholesaler and a supplier of wine, spirits, beer, nonalcoholic beverages, or any other alcoholic beverage regardless of the initial franchise fee, if any, or initial term of the franchise.

Amended by Act 2023, No. 847,§ 3, eff. 8/1/2023, app. retroactively to the effective date of Acts 1991, No. 411.

Acts 1977, No. 355, § 3; A.S.A. 1947, § 70-809; Acts 1991, No. 760, § 2.
Ark. Code Ann. § 4-28-218 — AR Code / Title 4 / Chapter 28 / Subchapter 2 / Section 4-28-218
Books and accounting records
Status: in_force

(a) Each corporation shall keep correct and complete books and records of account. (b) All receipts of moneys and expenditures shall be properly recorded according to accepted accounting principles. (c) A record of the proceedings of its members, board of directors, and committees shall be kept. (d) A record of the names and addresses of its members entitled to vote shall be maintained at the principal office or place of business of the corporation. (e) All books and records of a corporation may be inspected by any member for any proper purpose at any reasonable time. Acts 1963, No. 176, § 13; A.S.A. 1947, § 64-1913.

(a) Each corporation shall keep correct and complete books and records of account.

(b) All receipts of moneys and expenditures shall be properly recorded according to accepted accounting principles.

(c) A record of the proceedings of its members, board of directors, and committees shall be kept.

(d) A record of the names and addresses of its members entitled to vote shall be maintained at the principal office or place of business of the corporation.

(e) All books and records of a corporation may be inspected by any member for any proper purpose at any reasonable time.

Acts 1963, No. 176, § 13; A.S.A. 1947, § 64-1913.
Ark. Code Ann. § 4-30-201 — AR Code / Title 4 / Chapter 30 / Subchapter 2 / Section 4-30-201
Definition
Status: in_force

As used in this subchapter, unless the context otherwise requires, "cooperative bank" means a corporation or association organized under the provisions of this chapter which receives deposits and forwards checks, drafts, or orders for collection. Acts 1921, No. 632, § 18 as added by Acts 1937, No. 287, § 1; Pope's Dig., § 2279; A.S.A. 1947, § 64-1518.

As used in this subchapter, unless the context otherwise requires, "cooperative bank" means a corporation or association organized under the provisions of this chapter which receives deposits and forwards checks, drafts, or orders for collection.

Acts 1921, No. 632, § 18 as added by Acts 1937, No. 287, § 1; Pope's Dig., § 2279; A.S.A. 1947, § 64-1518.
Ark. Code Ann. § 4-28-605 — AR Code / Title 4 / Chapter 28 / Subchapter 6 / Section 4-28-605
Legal entity; Perpetual existence; Powers
Status: in_force

(a) An unincorporated nonprofit association is a legal entity distinct from its members and managers. (b) An unincorporated nonprofit association has perpetual duration unless the governing principles specify otherwise. (c) An unincorporated nonprofit association has the same powers as an individual to do all things necessary or convenient to carry on its purposes. (d) An unincorporated nonprofit association may engage in profit-making activities but profits from any activities must be used or set aside for the association's nonprofit purposes. Acts 2011, No. 202, § 2.

(a) An unincorporated nonprofit association is a legal entity distinct from its members and managers.

(b) An unincorporated nonprofit association has perpetual duration unless the governing principles specify otherwise.

(c) An unincorporated nonprofit association has the same powers as an individual to do all things necessary or convenient to carry on its purposes.

(d) An unincorporated nonprofit association may engage in profit-making activities but profits from any activities must be used or set aside for the association's nonprofit purposes.

Acts 2011, No. 202, § 2.
Ark. Code Ann. § 4-18-331 — AR Code / Title 4 / Chapter 18 / Subchapter 3 / Section 4-18-331
Legal weight of bushel of specific commodities
Status: in_force

The legal weight per bushel of the following shall be: (1) Corn, shelled ............... 56 lbs. (2) Corn in ear, husked ............... 70 lbs. (3) Corn in ear, unhusked ............... 74 lbs. (4) Wheat ............... 60 lbs. (5) Oats ............... 32 lbs. (6) Cottonseed ............... 32 lbs. (7) Cornmeal ............... 48 lbs. (8) Barley ............... 48 lbs. (9) Rye ............... 56 lbs. (10) Potatoes ............... 60 lbs. (11) Potatoes, sweet ............... 50 lbs. (12) Onions ............... 57 lbs. (13) White beans ............... 60 lbs. (14) Peas ............... 60 lbs. (15) Flax seed ............... 56 lbs. (16) Blue grass seed ............... 14 lbs. (17) Clover seed ............... 60 lbs. (18) Timothy seed ............... 60 lbs. (19) Millet seed ............... 50 lbs. (20) Buckwheat ............... 52 lbs. (21) Red top ............... 14 lbs. (22) Orchard grass ............... 14 lbs. (23) Sorghum ............... 50 lbs. (24) Green apples ............... 50 lbs. (25) Dried apples ............... 24 lbs. (26) Dried peaches ............... 33 lbs. (27) Bran ............... 20 lbs. (28) Salt ............... 50 lbs. (29) Turnips ............... 57 lbs. (30) Broom corn seed ............... 48 lbs. (31) Johnson grass ............... 28 lbs. Acts 2005, No. 914, § 5.

The legal weight per bushel of the following shall be:

(1) Corn, shelled ............... 56 lbs.

(2) Corn in ear, husked ............... 70 lbs.

(3) Corn in ear, unhusked ............... 74 lbs.

(4) Wheat ............... 60 lbs.

(5) Oats ............... 32 lbs.

(6) Cottonseed ............... 32 lbs.

(7) Cornmeal ............... 48 lbs.

(8) Barley ............... 48 lbs.

(9) Rye ............... 56 lbs.

(10) Potatoes ............... 60 lbs.

(11) Potatoes, sweet ............... 50 lbs.

(12) Onions ............... 57 lbs.

(13) White beans ............... 60 lbs.

(14) Peas ............... 60 lbs.

(15) Flax seed ............... 56 lbs.

(16) Blue grass seed ............... 14 lbs.

(17) Clover seed ............... 60 lbs.

(18) Timothy seed ............... 60 lbs.

(19) Millet seed ............... 50 lbs.

(20) Buckwheat ............... 52 lbs.

(21) Red top ............... 14 lbs.

(22) Orchard grass ............... 14 lbs.

(23) Sorghum ............... 50 lbs.

(24) Green apples ............... 50 lbs.

(25) Dried apples ............... 24 lbs.

(26) Dried peaches ............... 33 lbs.

(27) Bran ............... 20 lbs.

(28) Salt ............... 50 lbs.

(29) Turnips ............... 57 lbs.

(30) Broom corn seed ............... 48 lbs.

(31) Johnson grass ............... 28 lbs.

Acts 2005, No. 914, § 5.
Ark. Code Ann. § 4-75-1113 — AR Code / Title 4 / Chapter 75 / Subchapter 11 / Section 4-75-1113
Applicability
Status: in_force

(a) The property rights granted by this subchapter vest with respect to an individual on August 22, 2016. (b) This subchapter applies only to individuals maintaining a domicile or residence in the State of Arkansas on or after August 22, 2016. Added by Act 2016EX3, No. 9,§ 1, eff. 8/22/2016. Added by Act 2016EX3, No. 8,§ 1, eff. 8/22/2016.

(a) The property rights granted by this subchapter vest with respect to an individual on August 22, 2016.

(b) This subchapter applies only to individuals maintaining a domicile or residence in the State of Arkansas on or after August 22, 2016.

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

Added by Act 2016EX3, No. 8,§ 1, eff. 8/22/2016.
Ark. Code Ann. § 4-30-203 — AR Code / Title 4 / Chapter 30 / Subchapter 2 / Section 4-30-203
Subchapter cumulative
Status: in_force

All parts and portions of this subchapter which confer authority or jurisdiction upon the Bank Commissioner or which are in aid or furtherance of such authority or jurisdiction are declared to be cumulative to all laws and parts of laws relating to investment companies, and these portions shall be interpreted and construed accordingly. Acts 1937, No. 287, § 3; A.S.A. 1947, § 64-1524.

All parts and portions of this subchapter which confer authority or jurisdiction upon the Bank Commissioner or which are in aid or furtherance of such authority or jurisdiction are declared to be cumulative to all laws and parts of laws relating to investment companies, and these portions shall be interpreted and construed accordingly.

Acts 1937, No. 287, § 3; A.S.A. 1947, § 64-1524.
Ark. Code Ann. § 4-27-1101 — AR Code / Title 4 / Chapter 27 / Subchapter 11 / Section 4-27-1101
Definitions
Status: in_force

In this subchapter: (1) "Constituent corporation" means a constituent organization that is a corporation; (2) "Constituent organization" means an organization that is party to a merger; (3) "Converted organization" means the organization into which a converting organization converts pursuant to §§ 4-27-1102 - 4-27-1105 ; (4) "Converting corporation" means a converting organization that is a corporation; (5) "Converting organization" means an organization that converts into another organization pursuant to § 4-27-1102 ; (6) "Governing statute" of an organization means the statute that governs the organization's internal affairs; (7) "In a record" means maintained or kept on file by the organization at an office of the organization or with the Secretary of State; (8) (A) "Organization" means: (i) A partnership, including a limited liability partnership; (ii) A limited partnership, including a limited liability limited partnership; (iii) A limited liability company; (iv) A business trust; (v) A corporation; or (vi) Any other entity that has a governing statute. (B) "Organization" includes a domestic or foreign organization whether or not the organization is organized for profit; (9) "Organizational documents" means: (A) For a domestic or foreign general partnership, its partnership agreement and, if applicable, statement of qualification; (B) For a domestic or foreign limited partnership, its certificate of limited partnership and partnership agreement; (C) For a domestic or foreign limited liability company, its certificate of organization and operating agreement, or the comparable records provided for in its governing statute; (D) For a business trust, its agreement of trust and declaration of trust; (E) For a domestic or foreign corporation for profit, its articles of incorporation, bylaws, and other agreements among its shareholders which are authorized by its governing statute, or the comparable records provided for in its governing statute; and (F) For any other organization, the records that: (i) Create the organization; (ii) Determine the internal governance of the organization; and (iii) Determine the relations among the organization's owners, members, and interested parties; and (10) "Surviving organization" means an organization into which one (1) or more other organizations are merged. Amended by Act 2023, No. 108,§ 2, eff. 8/1/2023. 2009, No. 408, § 2.

In this subchapter:

(1) "Constituent corporation" means a constituent organization that is a corporation;

(2) "Constituent organization" means an organization that is party to a merger;

(3) "Converted organization" means the organization into which a converting organization converts pursuant to §§ 4-27-1102 - 4-27-1105 ;

(4) "Converting corporation" means a converting organization that is a corporation;

(5) "Converting organization" means an organization that converts into another organization pursuant to § 4-27-1102 ;

(6) "Governing statute" of an organization means the statute that governs the organization's internal affairs;

(7) "In a record" means maintained or kept on file by the organization at an office of the organization or with the Secretary of State;

(8) (A) "Organization" means: (i) A partnership, including a limited liability partnership; (ii) A limited partnership, including a limited liability limited partnership; (iii) A limited liability company; (iv) A business trust; (v) A corporation; or (vi) Any other entity that has a governing statute. (B) "Organization" includes a domestic or foreign organization whether or not the organization is organized for profit;

(A) "Organization" means: (i) A partnership, including a limited liability partnership; (ii) A limited partnership, including a limited liability limited partnership; (iii) A limited liability company; (iv) A business trust; (v) A corporation; or (vi) Any other entity that has a governing statute.

(i) A partnership, including a limited liability partnership;

(ii) A limited partnership, including a limited liability limited partnership;

(iii) A limited liability company;

(iv) A business trust;

(v) A corporation; or

(vi) Any other entity that has a governing statute.

(B) "Organization" includes a domestic or foreign organization whether or not the organization is organized for profit;

(9) "Organizational documents" means: (A) For a domestic or foreign general partnership, its partnership agreement and, if applicable, statement of qualification; (B) For a domestic or foreign limited partnership, its certificate of limited partnership and partnership agreement; (C) For a domestic or foreign limited liability company, its certificate of organization and operating agreement, or the comparable records provided for in its governing statute; (D) For a business trust, its agreement of trust and declaration of trust; (E) For a domestic or foreign corporation for profit, its articles of incorporation, bylaws, and other agreements among its shareholders which are authorized by its governing statute, or the comparable records provided for in its governing statute; and (F) For any other organization, the records that: (i) Create the organization; (ii) Determine the internal governance of the organization; and (iii) Determine the relations among the organization's owners, members, and interested parties; and

(A) For a domestic or foreign general partnership, its partnership agreement and, if applicable, statement of qualification;

(B) For a domestic or foreign limited partnership, its certificate of limited partnership and partnership agreement;

(C) For a domestic or foreign limited liability company, its certificate of organization and operating agreement, or the comparable records provided for in its governing statute;

(D) For a business trust, its agreement of trust and declaration of trust;

(E) For a domestic or foreign corporation for profit, its articles of incorporation, bylaws, and other agreements among its shareholders which are authorized by its governing statute, or the comparable records provided for in its governing statute; and

(F) For any other organization, the records that: (i) Create the organization; (ii) Determine the internal governance of the organization; and (iii) Determine the relations among the organization's owners, members, and interested parties; and

(i) Create the organization;

(ii) Determine the internal governance of the organization; and

(iii) Determine the relations among the organization's owners, members, and interested parties; and

(10) "Surviving organization" means an organization into which one (1) or more other organizations are merged.

Amended by Act 2023, No. 108,§ 2, eff. 8/1/2023.

2009, No. 408, § 2.
Ark. Code Ann. § 4-46-1103 — AR Code / Title 4 / Chapter 46 / Subchapter 11 / Section 4-46-1103
Effect of failure to qualify
Status: in_force

(a) A foreign limited liability partnership transacting business in this State may not maintain an action or proceeding in this State unless it has in effect a statement of foreign qualification. (b) The failure of a foreign limited liability partnership to have in effect a statement of foreign qualification does not impair the validity of a contract or act of the foreign limited liability partnership or preclude it from defending an action or proceeding in this State. (c) Limitations on personal liability of partners are not waived solely by transacting business in this State without a statement of foreign qualification. (d) If a foreign limited liability partnership transacts business in this State without a statement of foreign qualification, the Secretary of State is its agent for service of process with respect to claims for relief arising out of the transaction of business in this State. Acts 1999, No. 1518, § 1103.

(a) A foreign limited liability partnership transacting business in this State may not maintain an action or proceeding in this State unless it has in effect a statement of foreign qualification.

(b) The failure of a foreign limited liability partnership to have in effect a statement of foreign qualification does not impair the validity of a contract or act of the foreign limited liability partnership or preclude it from defending an action or proceeding in this State.

(c) Limitations on personal liability of partners are not waived solely by transacting business in this State without a statement of foreign qualification.

(d) If a foreign limited liability partnership transacts business in this State without a statement of foreign qualification, the Secretary of State is its agent for service of process with respect to claims for relief arising out of the transaction of business in this State.

Acts 1999, No. 1518, § 1103.
Ark. Code Ann. § 4-28-416 — AR Code / Title 4 / Chapter 28 / Subchapter 4 / Section 4-28-416
Violation of the Deceptive Trade Practices Act
Status: in_force

(a) (1) A violation of the provisions of this section shall constitute an unfair and deceptive act or practice, as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq. (2) All remedies, penalties, and authority granted to the Attorney General or other persons under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be available to the Attorney General or other persons for the enforcement of this subchapter. (b) Nothing in this section limits the rights or remedies which are otherwise available to a consumer under any other law. (c) The obligations under this section are cumulative and should in no way be deemed to limit the obligations imposed under any other law. Acts 1999, No. 1198, § 16.

(a) (1) A violation of the provisions of this section shall constitute an unfair and deceptive act or practice, as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq. (2) All remedies, penalties, and authority granted to the Attorney General or other persons under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be available to the Attorney General or other persons for the enforcement of this subchapter.

(1) A violation of the provisions of this section shall constitute an unfair and deceptive act or practice, as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq.

(2) All remedies, penalties, and authority granted to the Attorney General or other persons under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be available to the Attorney General or other persons for the enforcement of this subchapter.

(b) Nothing in this section limits the rights or remedies which are otherwise available to a consumer under any other law.

(c) The obligations under this section are cumulative and should in no way be deemed to limit the obligations imposed under any other law.

Acts 1999, No. 1198, § 16.
Ark. Code Ann. § 4-46-802 — AR Code / Title 4 / Chapter 46 / Subchapter 8 / Section 4-46-802
Partnership continues after dissolution
Status: in_force

(a) Subject to subsection (b) of this section, a partnership continues after dissolution only for the purpose of winding up its business. The partnership is terminated when the winding up of its business is completed. (b) At any time after the dissolution of a partnership and before the winding up of its business is completed, all of the partners, including any dissociating partner other than a wrongfully dissociating partner, may waive the right to have the partnership's business wound up and the partnership terminated. In that event: (1) the partnership resumes carrying on its business as if dissolution had never occurred, and any liability incurred by the partnership or a partner after the dissolution and before the waiver is determined as if dissolution had never occurred; and (2) the rights of a third party accruing under § 4-46-804(1) or arising out of conduct in reliance on the dissolution before the third party knew or received a notification of the waiver may not be adversely affected. Acts 1999, No. 1518, § 802.

(a) Subject to subsection (b) of this section, a partnership continues after dissolution only for the purpose of winding up its business. The partnership is terminated when the winding up of its business is completed.

(b) At any time after the dissolution of a partnership and before the winding up of its business is completed, all of the partners, including any dissociating partner other than a wrongfully dissociating partner, may waive the right to have the partnership's business wound up and the partnership terminated. In that event: (1) the partnership resumes carrying on its business as if dissolution had never occurred, and any liability incurred by the partnership or a partner after the dissolution and before the waiver is determined as if dissolution had never occurred; and (2) the rights of a third party accruing under § 4-46-804(1) or arising out of conduct in reliance on the dissolution before the third party knew or received a notification of the waiver may not be adversely affected.

(1) the partnership resumes carrying on its business as if dissolution had never occurred, and any liability incurred by the partnership or a partner after the dissolution and before the waiver is determined as if dissolution had never occurred; and

(2) the rights of a third party accruing under § 4-46-804(1) or arising out of conduct in reliance on the dissolution before the third party knew or received a notification of the waiver may not be adversely affected.

Acts 1999, No. 1518, § 802.
Ark. Code Ann. § 4-88-1001 — AR Code / Title 4 / Chapter 88 / Subchapter 10 / Section 4-88-1001
Title
Status: in_force

This subchapter shall be known and may be cited as the "Patient Rights Regarding Payment for Pharmacists Services Act". Added by Act 2015, No. 1025,§ 1, eff. 7/22/2015.

This subchapter shall be known and may be cited as the "Patient Rights Regarding Payment for Pharmacists Services Act".

Added by Act 2015, No. 1025,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 4-70-306 — AR Code / Title 4 / Chapter 70 / Subchapter 3 / Section 4-70-306
Damages and attorney's fees
Status: in_force

A principal who fails to comply with a provision of a contract under § 4-70-302 relating to payment of a commission or fails to pay a commission as required by § 4-70-303 is liable to the sales representative in a civil action for three (3) times the damages sustained by the sales representative, plus reasonable attorney's fees and costs. Acts 1989, No. 464, § 1.

A principal who fails to comply with a provision of a contract under § 4-70-302 relating to payment of a commission or fails to pay a commission as required by § 4-70-303 is liable to the sales representative in a civil action for three (3) times the damages sustained by the sales representative, plus reasonable attorney's fees and costs.

Acts 1989, No. 464, § 1.
Ark. Code Ann. § 4-18-317 — AR Code / Title 4 / Chapter 18 / Subchapter 3 / Section 4-18-317
Method of sale
Status: in_force

Except as otherwise provided by the State Plant Board, or by firmly established trade custom and practice: (a) commodities in liquid form shall be sold by liquid measure or by weight, and (b) commodities not in liquid form shall be sold by weight, by measure, or by count. The method of sale shall provide accurate and adequate quantity information that permits the buyer to make price and quantity comparisons. Acts 2001, No. 587, § 17.

Except as otherwise provided by the State Plant Board, or by firmly established trade custom and practice:

(a) commodities in liquid form shall be sold by liquid measure or by weight, and

(b) commodities not in liquid form shall be sold by weight, by measure, or by count. The method of sale shall provide accurate and adequate quantity information that permits the buyer to make price and quantity comparisons.

The method of sale shall provide accurate and adequate quantity information that permits the buyer to make price and quantity comparisons.

Acts 2001, No. 587, § 17.
Ark. Code Ann. § 4-28-609 — AR Code / Title 4 / Chapter 28 / Subchapter 6 / Section 4-28-609
Assertion and defense of claims
Status: in_force

(a) An unincorporated nonprofit association may sue or be sued in its own name. (b) A member or manager may assert a claim the member or manager has against the unincorporated nonprofit association. An association may assert a claim it has against a member or manager. Acts 2011, No. 202, § 2.

(a) An unincorporated nonprofit association may sue or be sued in its own name.

(b) A member or manager may assert a claim the member or manager has against the unincorporated nonprofit association. An association may assert a claim it has against a member or manager.

Acts 2011, No. 202, § 2.
Ark. Code Ann. § 4-88-1005 — AR Code / Title 4 / Chapter 88 / Subchapter 10 / Section 4-88-1005
Enforcement
Status: in_force

The Insurance Commissioner shall: (1) Enforce this subchapter using powers granted to the commissioner in the Arkansas Insurance Code; and (2) Be entitled to seek an injunction against a pharmacy benefits manager in a court of competent jurisdiction. Added by Act 2015, No. 1025,§ 1, eff. 7/22/2015.

The Insurance Commissioner shall:

(1) Enforce this subchapter using powers granted to the commissioner in the Arkansas Insurance Code; and

(2) Be entitled to seek an injunction against a pharmacy benefits manager in a court of competent jurisdiction.

Added by Act 2015, No. 1025,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 4-76-105 — AR Code / Title 4 / Chapter 76 / Section 4-76-105
Improper licensing practices
Status: in_force

No performing rights society or any agent or employee thereof shall collect or attempt to collect from a proprietor licensed by that performing rights society a royalty payment except as provided in a contract executed pursuant to the provisions of this chapter. Acts 1997, No. 648, § 5.

No performing rights society or any agent or employee thereof shall collect or attempt to collect from a proprietor licensed by that performing rights society a royalty payment except as provided in a contract executed pursuant to the provisions of this chapter.

Acts 1997, No. 648, § 5.
Ark. Code Ann. § 4-94-104 — AR Code / Title 4 / Chapter 94 / Section 4-94-104
Written contract required - Delivery to buyer
Status: in_force

(a) Every contract for health spa services shall be in writing and be subject to the provisions of this chapter. (b) A copy of the written contract shall be given to the buyer at the time the contract is executed. Acts 1989, No. 264, § 3.

(a) Every contract for health spa services shall be in writing and be subject to the provisions of this chapter.

(b) A copy of the written contract shall be given to the buyer at the time the contract is executed.

Acts 1989, No. 264, § 3.
Ark. Code Ann. § 4-70-206 — AR Code / Title 4 / Chapter 70 / Subchapter 2 / Section 4-70-206
Clerk's index and filing fees
Status: in_force

(a) Each county clerk shall keep an alphabetical index of persons filing certificates provided for in this subchapter. (b) For indexing and filing the certificate, the clerk shall receive a fee of one dollar ($1.00). Acts 1943, No. 11, § 3; A.S.A. 1947, § 70-403.

(a) Each county clerk shall keep an alphabetical index of persons filing certificates provided for in this subchapter.

(b) For indexing and filing the certificate, the clerk shall receive a fee of one dollar ($1.00).

Acts 1943, No. 11, § 3; A.S.A. 1947, § 70-403.
Ark. Code Ann. § 4-116-101 — AR Code / Title 4 / Chapter 116 / Section 4-116-101
Title and intent
Status: in_force

(a) This chapter shall be known and referred to as the "Refund Anticipation Loan Act". (b) It is the intent of the General Assembly that this chapter shall protect consumers who enter into a refund anticipation loan and a refund anticipation check transaction. Acts 2009, No. 1402, § 1.

(a) This chapter shall be known and referred to as the "Refund Anticipation Loan Act".

(b) It is the intent of the General Assembly that this chapter shall protect consumers who enter into a refund anticipation loan and a refund anticipation check transaction.

Acts 2009, No. 1402, § 1.
Ark. Code Ann. § 4-30-115 — AR Code / Title 4 / Chapter 30 / Subchapter 1 / Section 4-30-115
Forms prescribed by Secretary of State
Status: in_force

The form for receipts and any other papers necessary for carrying into effect the provisions of this chapter shall be prescribed by the Secretary of State. Acts 1921, No. 632, § 12; Pope's Dig., § 2273; A.S.A. 1947, § 64-1513.

The form for receipts and any other papers necessary for carrying into effect the provisions of this chapter shall be prescribed by the Secretary of State.

Acts 1921, No. 632, § 12; Pope's Dig., § 2273; A.S.A. 1947, § 64-1513.
Ark. Code Ann. § 4-27-1901 — AR Code / Title 4 / Chapter 27 / Subchapter 19 / Section 4-27-1901
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Business Portal Act". Added by Act 2015, No. 1190,§ 2, eff. 7/22/2015.

This subchapter shall be known and may be cited as the "Arkansas Business Portal Act".

Added by Act 2015, No. 1190,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 4-28-411 — AR Code / Title 4 / Chapter 28 / Subchapter 4 / Section 4-28-411
Professional telemarketers - Registration and renewal
Status: in_force

(a) Every professional telemarketer shall be employed in a principal-agent relationship by a paid solicitor registered under this subchapter and shall, within seventy-two (72) hours after accepting employment, register with the Secretary of State. (b) An application for registration under this section shall be in writing, under oath, in the form prescribed by the Secretary of State, and shall be accompanied by a fee in the sum of ten dollars ($10.00). (c) When effected, the registration shall be for a period of one (1) year and may be renewed upon the payment of the fee prescribed in this section for additional one-year periods. Amended by Act 2017, No. 727,§ 10, eff. 1/1/2018. Acts 1999, No. 1198, § 11.

(a) Every professional telemarketer shall be employed in a principal-agent relationship by a paid solicitor registered under this subchapter and shall, within seventy-two (72) hours after accepting employment, register with the Secretary of State.

(b) An application for registration under this section shall be in writing, under oath, in the form prescribed by the Secretary of State, and shall be accompanied by a fee in the sum of ten dollars ($10.00).

(c) When effected, the registration shall be for a period of one (1) year and may be renewed upon the payment of the fee prescribed in this section for additional one-year periods.

Amended by Act 2017, No. 727,§ 10, eff. 1/1/2018.

Acts 1999, No. 1198, § 11.
Ark. Code Ann. § 4-88-1205 — AR Code / Title 4 / Chapter 88 / Subchapter 12 / Section 4-88-1205
Counterfeits - Criminal penalties
Status: in_force

(a) An individual, organization, group, association, partnership, or corporation that counterfeits, forges, alters, clones, or possesses a ticket, card, wristband, or other medium that accesses or is associated with a ticket, or a ticket, token, or paper designed for admission to or the rendering of services by an event or venue offering services to the general public, with the intent to defraud the event or venue, commits a Class A misdemeanor. (b) An individual, organization, group, association, partnership, or corporation that commits a second or subsequent violation of subsection (a) of this section commits a Class D felony. Added by Act 2023, No. 590,§ 1, eff. 4/11/2023.

(a) An individual, organization, group, association, partnership, or corporation that counterfeits, forges, alters, clones, or possesses a ticket, card, wristband, or other medium that accesses or is associated with a ticket, or a ticket, token, or paper designed for admission to or the rendering of services by an event or venue offering services to the general public, with the intent to defraud the event or venue, commits a Class A misdemeanor.

(b) An individual, organization, group, association, partnership, or corporation that commits a second or subsequent violation of subsection (a) of this section commits a Class D felony.

Added by Act 2023, No. 590,§ 1, eff. 4/11/2023.
Ark. Code Ann. § 4-75-401 — AR Code / Title 4 / Chapter 75 / Subchapter 4 / Section 4-75-401
Title
Status: in_force

This subchapter shall be known and shall be cited as the "Automobile Dealer's Anti-Coercion Act". Acts 1937, No. 205, § 14; Pope's Dig., § 9432; A.S.A. 1947, § 70-143.

This subchapter shall be known and shall be cited as the "Automobile Dealer's Anti-Coercion Act".

Acts 1937, No. 205, § 14; Pope's Dig., § 9432; A.S.A. 1947, § 70-143.
Ark. Code Ann. § 4-26-406 — AR Code / Title 4 / Chapter 26 / Subchapter 4 / Section 4-26-406
Unlawful use, reservation, or registration of name - Injunction
Status: in_force

Where the use, reservation, or registration of a corporate name is in violation of this chapter, it may, by court decree, be cancelled or enjoined, on the suit of the Attorney General or of any person or corporation injured by the unlawful use, reservation, or registration, notwithstanding the fact that such use, reservation, or registration has been approved by the Secretary of State. Acts 1965, No. 576, § 11; A.S.A. 1947, § 64-112.

Where the use, reservation, or registration of a corporate name is in violation of this chapter, it may, by court decree, be cancelled or enjoined, on the suit of the Attorney General or of any person or corporation injured by the unlawful use, reservation, or registration, notwithstanding the fact that such use, reservation, or registration has been approved by the Secretary of State.

Acts 1965, No. 576, § 11; A.S.A. 1947, § 64-112.
Ark. Code Ann. § 4-28-201 — AR Code / Title 4 / Chapter 28 / Subchapter 2 / Section 4-28-201
Title
Status: in_force

Sections 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 shall be known as the "Arkansas Nonprofit Corporation Act". Acts 1963, No. 176, § 1; A.S.A. 1947, § 64-1901.

Sections 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 shall be known as the "Arkansas Nonprofit Corporation Act".

Acts 1963, No. 176, § 1; A.S.A. 1947, § 64-1901.
Ark. Code Ann. § 4-33-204 — AR Code / Title 4 / Chapter 33 / Subchapter 2 / Section 4-33-204
Liability for preincorporation transactions
Status: in_force

All persons purporting to act as or on behalf of a corporation, knowing there was no incorporation under this chapter, are jointly and severally liable for all liabilities created while so acting. Acts 1993, No. 1147, § 204.

All persons purporting to act as or on behalf of a corporation, knowing there was no incorporation under this chapter, are jointly and severally liable for all liabilities created while so acting.

Acts 1993, No. 1147, § 204.
Ark. Code Ann. § 4-88-402 — AR Code / Title 4 / Chapter 88 / Subchapter 4 / Section 4-88-402
Slamming
Status: in_force

No telecommunications service provider and no person acting on behalf of any telecommunications service provider shall engage in the practice of slamming as defined in § 4-88-401(2) . Acts 1999, No. 1489, § 1.

No telecommunications service provider and no person acting on behalf of any telecommunications service provider shall engage in the practice of slamming as defined in § 4-88-401(2) .

Acts 1999, No. 1489, § 1.
Ark. Code Ann. § 4-95-104 — AR Code / Title 4 / Chapter 95 / Section 4-95-104
Penalties - Civil
Status: in_force

In addition to the criminal penalty imposed in § 4-95-103 , the Consumer Protection Division shall have authority to file a petition in the Pulaski County Circuit Court for civil enforcement of the provisions of this chapter by seeking an injunction prohibiting any person, firm, partnership, corporation, or any other entity from engaging in any unlawful practice. Violation of any of the provisions of this chapter shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq. All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be available to him or her or the enforcement of this chapter. Acts 1991, No. 680, § 7; 1993, No. 139, § 4.

In addition to the criminal penalty imposed in § 4-95-103 , the Consumer Protection Division shall have authority to file a petition in the Pulaski County Circuit Court for civil enforcement of the provisions of this chapter by seeking an injunction prohibiting any person, firm, partnership, corporation, or any other entity from engaging in any unlawful practice. Violation of any of the provisions of this chapter shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq. All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be available to him or her or the enforcement of this chapter.

Acts 1991, No. 680, § 7; 1993, No. 139, § 4.
Ark. Code Ann. § 4-88-1002 — AR Code / Title 4 / Chapter 88 / Subchapter 10 / Section 4-88-1002
Definitions
Status: in_force

As used in this subchapter: (1) "Pharmacist" means a licensed pharmacist as defined in § 17-92-101 ; (2) "Pharmacists services" means products, goods, or services provided as a part of the practice of pharmacy as defined in § 17-92-101 , to individuals who reside or are employed in this state; (3) "Pharmacy" means the same as defined in § 17-92-101 ; (4) "Pharmacy benefits manager" means an entity that administers or manages a pharmacy benefits plan or program; (5) "Pharmacy benefits plan or program" means any plan or program that pays for, reimburses, covers the cost of, or otherwise provides for pharmacists services to individuals who reside or are employed in this state; (6) "Provider choice" means an individual's choice of provider network, individual pharmacy or pharmacist, or method of delivery under a pharmacy benefits plan or program; and (7) "Provider network" means a network of pharmacists or pharmacies that are authorized by a pharmacy benefits plan or program to provide pharmacists services. Added by Act 2015, No. 1025,§ 1, eff. 7/22/2015.

As used in this subchapter:

(1) "Pharmacist" means a licensed pharmacist as defined in § 17-92-101 ;

(2) "Pharmacists services" means products, goods, or services provided as a part of the practice of pharmacy as defined in § 17-92-101 , to individuals who reside or are employed in this state;

(3) "Pharmacy" means the same as defined in § 17-92-101 ;

(4) "Pharmacy benefits manager" means an entity that administers or manages a pharmacy benefits plan or program;

(5) "Pharmacy benefits plan or program" means any plan or program that pays for, reimburses, covers the cost of, or otherwise provides for pharmacists services to individuals who reside or are employed in this state;

(6) "Provider choice" means an individual's choice of provider network, individual pharmacy or pharmacist, or method of delivery under a pharmacy benefits plan or program; and

(7) "Provider network" means a network of pharmacists or pharmacies that are authorized by a pharmacy benefits plan or program to provide pharmacists services.

Added by Act 2015, No. 1025,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 4-112-101 — AR Code / Title 4 / Chapter 112 / Section 4-112-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Arkansas Consumer Report Security Freeze Act". Acts 2007, No. 391, § 1; 2009, No. 223, § 1.

This chapter shall be known and may be cited as the "Arkansas Consumer Report Security Freeze Act".

Acts 2007, No. 391, § 1; 2009, No. 223, § 1.
Ark. Code Ann. § 4-89-101 — AR Code / Title 4 / Chapter 89 / Section 4-89-101
Purpose
Status: in_force

The purpose of this chapter is to promote the public welfare by regulating home solicitation sales so that the consumer shall not become a victim of deceptive sales practices. Acts 1973, No. 462, § 1; A.S.A. 1947, § 70-914.

The purpose of this chapter is to promote the public welfare by regulating home solicitation sales so that the consumer shall not become a victim of deceptive sales practices.

Acts 1973, No. 462, § 1; A.S.A. 1947, § 70-914.
Ark. Code Ann. § 4-72-210 — AR Code / Title 4 / Chapter 72 / Subchapter 2 / Section 4-72-210
Immunity granted those furnishing information
Status: in_force

No liability on the part of, and no cause of action of any nature other than as provided by this subchapter, shall arise against any franchisor, its officers, agents, or employees furnishing information as to reasons for termination, cancellation, intent not to renew, failure to renew, refusal to do business, or substantial change in competitive circumstances, unacceptability of a proposed transferee or relating to the character, financial ability, or business experience of a proposed transferee, or for statements made or evidence submitted at any hearing or trial conducted in connection therewith. Acts 1977, No. 355, § 12; A.S.A. 1947, § 70-818.

No liability on the part of, and no cause of action of any nature other than as provided by this subchapter, shall arise against any franchisor, its officers, agents, or employees furnishing information as to reasons for termination, cancellation, intent not to renew, failure to renew, refusal to do business, or substantial change in competitive circumstances, unacceptability of a proposed transferee or relating to the character, financial ability, or business experience of a proposed transferee, or for statements made or evidence submitted at any hearing or trial conducted in connection therewith.

Acts 1977, No. 355, § 12; A.S.A. 1947, § 70-818.
Ark. Code Ann. § 4-96-307 — AR Code / Title 4 / Chapter 96 / Subchapter 3 / Section 4-96-307
Enforcement - Exclusivity - Costs and expenses
Status: in_force

(a) A consumer may bring a civil action to enforce this subchapter in a court of competent jurisdiction. (b) This subchapter does not limit the rights and remedies that are otherwise available to a consumer under any applicable law. (c) (1) A consumer who prevails in a legal proceeding under this subchapter is entitled to recover, as part of the judgment, a sum equal to the aggregate amount of costs and expenses, including attorney's fees. (2) The attorney's fees shall be: (A) Based on actual time expended by the attorney; and (B) Based on charges reasonably incurred by the consumer for or in connection with the commencement and prosecution of the action as determined by the court. Added by Act 2019, No. 588,§ 1, eff. 7/24/2019.

(a) A consumer may bring a civil action to enforce this subchapter in a court of competent jurisdiction.

(b) This subchapter does not limit the rights and remedies that are otherwise available to a consumer under any applicable law.

(c) (1) A consumer who prevails in a legal proceeding under this subchapter is entitled to recover, as part of the judgment, a sum equal to the aggregate amount of costs and expenses, including attorney's fees. (2) The attorney's fees shall be: (A) Based on actual time expended by the attorney; and (B) Based on charges reasonably incurred by the consumer for or in connection with the commencement and prosecution of the action as determined by the court.

(1) A consumer who prevails in a legal proceeding under this subchapter is entitled to recover, as part of the judgment, a sum equal to the aggregate amount of costs and expenses, including attorney's fees.

(2) The attorney's fees shall be: (A) Based on actual time expended by the attorney; and (B) Based on charges reasonably incurred by the consumer for or in connection with the commencement and prosecution of the action as determined by the court.

(A) Based on actual time expended by the attorney; and

(B) Based on charges reasonably incurred by the consumer for or in connection with the commencement and prosecution of the action as determined by the court.

Added by Act 2019, No. 588,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 4-18-326 — AR Code / Title 4 / Chapter 18 / Subchapter 3 / Section 4-18-326
Presumptive evidence
Status: in_force

Whenever there shall exist a weight or measure or weighing or measuring device in or about any place in which or from which buying or selling is commonly carried on, there shall be a rebuttable presumption that such weight or measure or weighing or measuring device is regularly used for the business purposes of that place. Acts 2001, No. 587, § 26.

Whenever there shall exist a weight or measure or weighing or measuring device in or about any place in which or from which buying or selling is commonly carried on, there shall be a rebuttable presumption that such weight or measure or weighing or measuring device is regularly used for the business purposes of that place.

Acts 2001, No. 587, § 26.
Ark. Code Ann. § 4-32-1001 — AR Code / Title 4 / Chapter 32 / Subchapter 10 / Section 4-32-1001
through 4-32-1008 - [Repealed]
Status: repealed

Repealed by Act 2021, No. 1041,§ 1, eff. 7/28/2021. Acts 1993, No. 1003, § 1001.

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

Acts 1993, No. 1003, § 1001.
Ark. Code Ann. § 4-71-206 — AR Code / Title 4 / Chapter 71 / Subchapter 2 / Section 4-71-206
Duration and renewal
Status: in_force

(a) (1) A registration of a mark under this subchapter shall be effective for a term of five (5) years from the date of registration and, upon application filed within six (6) months prior to the expiration of that term, in a manner complying with the requirements of the Secretary of State, the registration may be renewed for a like term from the end of the expiring term. (2) A renewal fee, payable to the Secretary of State, shall accompany the application for renewal of the registration. (3) A registration may be renewed for successive periods of five (5) years in like manner. (b) Any registration in force on August 1, 1997, shall continue in full force and effect for the unexpired term and may be renewed by filing an application for renewal with the Secretary of State complying with the requirements of the Secretary of State and paying the renewal fee within six (6) months prior to the expiration of the registration. (c) All applications for renewal under this subchapter, whether of registrations made under this subchapter or of registrations effected under any prior act, shall include a verified statement that the mark has been and is still in use and include a specimen showing actual use of the mark on or in connection with the goods or services. Acts 1997, No. 1109, § 6.

(a) (1) A registration of a mark under this subchapter shall be effective for a term of five (5) years from the date of registration and, upon application filed within six (6) months prior to the expiration of that term, in a manner complying with the requirements of the Secretary of State, the registration may be renewed for a like term from the end of the expiring term. (2) A renewal fee, payable to the Secretary of State, shall accompany the application for renewal of the registration. (3) A registration may be renewed for successive periods of five (5) years in like manner.

(1) A registration of a mark under this subchapter shall be effective for a term of five (5) years from the date of registration and, upon application filed within six (6) months prior to the expiration of that term, in a manner complying with the requirements of the Secretary of State, the registration may be renewed for a like term from the end of the expiring term.

(2) A renewal fee, payable to the Secretary of State, shall accompany the application for renewal of the registration.

(3) A registration may be renewed for successive periods of five (5) years in like manner.

(b) Any registration in force on August 1, 1997, shall continue in full force and effect for the unexpired term and may be renewed by filing an application for renewal with the Secretary of State complying with the requirements of the Secretary of State and paying the renewal fee within six (6) months prior to the expiration of the registration.

(c) All applications for renewal under this subchapter, whether of registrations made under this subchapter or of registrations effected under any prior act, shall include a verified statement that the mark has been and is still in use and include a specimen showing actual use of the mark on or in connection with the goods or services.

Acts 1997, No. 1109, § 6.
Ark. Code Ann. § 4-28-210 — AR Code / Title 4 / Chapter 28 / Subchapter 2 / Section 4-28-210
Members
Status: in_force

(a) A corporation may have one (1) or more classes of members, or may have no members, as provided in the articles of incorporation. (b) (1) If a membership fee is collected, a serially numbered certificate evidencing the membership fee shall be issued. (2) The records of the corporation shall clearly indicate the amount of the fee collected for each serially numbered certificate of membership. (3) If honorary membership certificates are issued, the records of the corporation shall reflect each and every one (1) issued. Acts 1963, No. 176, § 14; A.S.A. 1947, § 64-1914.

(a) A corporation may have one (1) or more classes of members, or may have no members, as provided in the articles of incorporation.

(b) (1) If a membership fee is collected, a serially numbered certificate evidencing the membership fee shall be issued. (2) The records of the corporation shall clearly indicate the amount of the fee collected for each serially numbered certificate of membership. (3) If honorary membership certificates are issued, the records of the corporation shall reflect each and every one (1) issued.

(1) If a membership fee is collected, a serially numbered certificate evidencing the membership fee shall be issued.

(2) The records of the corporation shall clearly indicate the amount of the fee collected for each serially numbered certificate of membership.

(3) If honorary membership certificates are issued, the records of the corporation shall reflect each and every one (1) issued.

Acts 1963, No. 176, § 14; A.S.A. 1947, § 64-1914.
Ark. Code Ann. § 4-72-303 — AR Code / Title 4 / Chapter 72 / Subchapter 3 / Section 4-72-303
Security interests unaffected by subchapter - Bulk sales law inapplicable
Status: in_force

The provisions of this subchapter shall not be construed to affect in any way any security interest which the wholesaler, manufacturer, or distributor may have in the inventory of the retailer, and any repurchase under the provisions of this subchapter shall not be subject to the provisions of the bulk sales law. The retailer, wholesaler, manufacturer, or distributor may furnish a representative to inspect all parts and certify their acceptability when packed for shipment. Acts 1979, No. 810, § 8; A.S.A. 1947, § 70-826.

The provisions of this subchapter shall not be construed to affect in any way any security interest which the wholesaler, manufacturer, or distributor may have in the inventory of the retailer, and any repurchase under the provisions of this subchapter shall not be subject to the provisions of the bulk sales law. The retailer, wholesaler, manufacturer, or distributor may furnish a representative to inspect all parts and certify their acceptability when packed for shipment.

Acts 1979, No. 810, § 8; A.S.A. 1947, § 70-826.
Ark. Code Ann. § 4-75-216 — AR Code / Title 4 / Chapter 75 / Subchapter 2 / Section 4-75-216
Venue
Status: in_force

Any action, application, or motion brought by the Attorney General against a person under this subchapter shall be filed in Pulaski County Circuit Court unless the action, application, or motion is brought as part of an action containing claims of federal law violations, in which event the action shall be brought in the appropriate federal court. Acts 2003, No. 1172, § 1.

Any action, application, or motion brought by the Attorney General against a person under this subchapter shall be filed in Pulaski County Circuit Court unless the action, application, or motion is brought as part of an action containing claims of federal law violations, in which event the action shall be brought in the appropriate federal court.

Acts 2003, No. 1172, § 1.
Ark. Code Ann. § 4-108-202 — AR Code / Title 4 / Chapter 108 / Subchapter 2 / Section 4-108-202
Scope
Status: in_force

(a) This subchapter establishes a sampling, testing, and enforcement program, requires registration of engine fuels, and empowers the state to promulgate rules as needed to carry out the provisions of this subchapter. (b) It also provides for administrative, civil, and criminal penalties. Amended by Act 2019, No. 315,§ 143, eff. 7/24/2019. Acts 2001, No. 586, § 2.

(a) This subchapter establishes a sampling, testing, and enforcement program, requires registration of engine fuels, and empowers the state to promulgate rules as needed to carry out the provisions of this subchapter.

(b) It also provides for administrative, civil, and criminal penalties.

Amended by Act 2019, No. 315,§ 143, eff. 7/24/2019.

Acts 2001, No. 586, § 2.
Ark. Code Ann. § 4-90-506 — AR Code / Title 4 / Chapter 90 / Subchapter 5 / Section 4-90-506
Required service contract and warranty disclosures
Status: in_force

A motor vehicle service contract or theft protection program warranty issued or sold for delivery in this state shall contain the following disclosures, as applicable, in a conspicuous and readable manner: (1) The name and address of the: (A) Motor vehicle service contract provider and the service contract holder; or (B) Warrantor and the warranty holder; (2) The total retail price of the motor vehicle service contract or theft protection program; (3) The procedure for making a claim under the motor vehicle service contract or theft protection program warranty, including the name, address, and telephone number of any person from whom approval is required before covered repairs may be commenced; (4) The existence and amount of a deductible, if any; (5) For motor vehicle service contracts, the motor vehicle parts and components covered under the motor vehicle service contract, and any limitations, exceptions, or exclusions; (6) The terms, conditions, and restrictions governing transferability of the motor vehicle service contract or theft protection program warranty, if any; (7) For motor vehicle service contracts, the provisions governing termination and refunds under § 4-90-507 ; and (8) A statement that purchase of the motor vehicle service contract or theft protection program is not required in order to purchase or obtain financing for a motor vehicle. Amended by Act 2017, No. 364,§ 4, eff. 8/1/2017. Acts 1993, No. 805, § 5.

A motor vehicle service contract or theft protection program warranty issued or sold for delivery in this state shall contain the following disclosures, as applicable, in a conspicuous and readable manner:

(1) The name and address of the: (A) Motor vehicle service contract provider and the service contract holder; or (B) Warrantor and the warranty holder;

(A) Motor vehicle service contract provider and the service contract holder; or

(B) Warrantor and the warranty holder;

(2) The total retail price of the motor vehicle service contract or theft protection program;

(3) The procedure for making a claim under the motor vehicle service contract or theft protection program warranty, including the name, address, and telephone number of any person from whom approval is required before covered repairs may be commenced;

(4) The existence and amount of a deductible, if any;

(5) For motor vehicle service contracts, the motor vehicle parts and components covered under the motor vehicle service contract, and any limitations, exceptions, or exclusions;

(6) The terms, conditions, and restrictions governing transferability of the motor vehicle service contract or theft protection program warranty, if any;

(7) For motor vehicle service contracts, the provisions governing termination and refunds under § 4-90-507 ; and

(8) A statement that purchase of the motor vehicle service contract or theft protection program is not required in order to purchase or obtain financing for a motor vehicle.

Amended by Act 2017, No. 364,§ 4, eff. 8/1/2017.

Acts 1993, No. 805, § 5.
Ark. Code Ann. § 4-92-104 — AR Code / Title 4 / Chapter 92 / Section 4-92-104
Agreement - Nature
Status: in_force

An agreement which conforms with the definition as set forth in § 4-92-102(7) shall be a true lease and shall not constitute a credit sale, retail installment contract, agreement, obligation, or any other type of credit sale financing device, nor shall it create a security interest as that term is defined in § 4-1-201(b)(35) . Until the lessor transfers title to the merchandise to the consumer, the relationship of the parties to a rental-purchase agreement shall be that of a lessor and lessee and not that of a seller and buyer, and title to the merchandise shall remain vested with the lessor. Acts 1987, No. 490, § 3.

An agreement which conforms with the definition as set forth in § 4-92-102(7) shall be a true lease and shall not constitute a credit sale, retail installment contract, agreement, obligation, or any other type of credit sale financing device, nor shall it create a security interest as that term is defined in § 4-1-201(b)(35) . Until the lessor transfers title to the merchandise to the consumer, the relationship of the parties to a rental-purchase agreement shall be that of a lessor and lessee and not that of a seller and buyer, and title to the merchandise shall remain vested with the lessor.

Acts 1987, No. 490, § 3.
Ark. Code Ann. § 4-38-901 — AR Code / Title 4 / Chapter 38 / Subchapter 9 / Section 4-38-901
Governing law
Status: in_force

(a) The law of the jurisdiction of formation of a foreign limited liability company governs: (1) the internal affairs of the company; (2) the liability of a member as member and a manager as manager for a debt, obligation, or other liability of the company; and (3) the liability of a series of the company. (b) A foreign limited liability company is not precluded from registering to do business in this state because of any difference between the law of its jurisdiction of formation and the law of this state. (c) Registration of a foreign limited liability company to do business in this state does not authorize the foreign company to engage in any activities and affairs or exercise any power that a limited liability company may not engage in or exercise in this state. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

(a) The law of the jurisdiction of formation of a foreign limited liability company governs: (1) the internal affairs of the company; (2) the liability of a member as member and a manager as manager for a debt, obligation, or other liability of the company; and (3) the liability of a series of the company.

(1) the internal affairs of the company;

(2) the liability of a member as member and a manager as manager for a debt, obligation, or other liability of the company; and

(3) the liability of a series of the company.

(b) A foreign limited liability company is not precluded from registering to do business in this state because of any difference between the law of its jurisdiction of formation and the law of this state.

(c) Registration of a foreign limited liability company to do business in this state does not authorize the foreign company to engage in any activities and affairs or exercise any power that a limited liability company may not engage in or exercise in this state.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-26-1002 — AR Code / Title 4 / Chapter 26 / Subchapter 10 / Section 4-26-1002
Conversion
Status: in_force

(a) An organization other than a corporation may convert to a corporation, and a corporation may convert to another organization under this section and §§ 4-26-1003 - 4-26-1005 and a plan of conversion if the: (1) Other organization's governing statute authorizes the conversion and is complied with; and (2) Conversion is not prohibited by the law of the jurisdiction that enacted the governing statute. (b) A plan of conversion must be in a record and must include the: (1) Name and form of the organization before conversion; (2) Name and form of the organization after conversion; (3) 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) Organizational documents of the converted organization. Acts 2009, No. 408, § 1.

(a) An organization other than a corporation may convert to a corporation, and a corporation may convert to another organization under this section and §§ 4-26-1003 - 4-26-1005 and a plan of conversion if the: (1) Other organization's governing statute authorizes the conversion and is complied with; and (2) Conversion is not prohibited by the law of the jurisdiction that enacted the governing statute.

(1) Other organization's governing statute authorizes the conversion and is complied with; and

(2) Conversion is not prohibited by the law of the jurisdiction that enacted the governing statute.

(b) A plan of conversion must be in a record and must include the: (1) Name and form of the organization before conversion; (2) Name and form of the organization after conversion; (3) 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) Organizational documents of the converted organization.

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

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

(3) 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) Organizational documents of the converted organization.

Acts 2009, No. 408, § 1.
Ark. Code Ann. § 4-27-201 — AR Code / Title 4 / Chapter 27 / Subchapter 2 / Section 4-27-201
Incorporators
Status: in_force

(a) One (1) or more persons may act as the incorporator or incorporators of a corporation by delivering articles of incorporation to the Secretary of State for filing. (b) One (1) or more natural persons who are between the ages of sixteen (16) and eighteen (18) years of age shall have a person who is at least twenty-one (21) years of age or older to serve on his or her behalf as an incorporator of a corporation by executing and filing according to § 4-27-120 articles of incorporation for the corporation. Amended by Act 2017, No. 992,§ 1, eff. 8/1/2017. Acts 1987, No. 958, § 64-201.

(a) One (1) or more persons may act as the incorporator or incorporators of a corporation by delivering articles of incorporation to the Secretary of State for filing.

(b) One (1) or more natural persons who are between the ages of sixteen (16) and eighteen (18) years of age shall have a person who is at least twenty-one (21) years of age or older to serve on his or her behalf as an incorporator of a corporation by executing and filing according to § 4-27-120 articles of incorporation for the corporation.

Amended by Act 2017, No. 992,§ 1, eff. 8/1/2017.

Acts 1987, No. 958, § 64-201.
Ark. Code Ann. § 4-90-417 — AR Code / Title 4 / Chapter 90 / Subchapter 4 / Section 4-90-417
Deceptive trade practices
Status: in_force

A violation of any of the provisions of this subchapter shall be deemed a deceptive trade practice under § 4-88-101 et seq. Acts 1993, No. 285, § 21; 1993, No. 297, § 21.

A violation of any of the provisions of this subchapter shall be deemed a deceptive trade practice under § 4-88-101 et seq.

Acts 1993, No. 285, § 21; 1993, No. 297, § 21.
Ark. Code Ann. § 4-38-204 — AR Code / Title 4 / Chapter 38 / Subchapter 2 / Section 4-38-204
Signing and filing pursuant to judicial order
Status: in_force

(a) If a person required by this chapter to sign a record or deliver a record to the Secretary of State for filing under this chapter does not do so, any other person that is aggrieved may petition the circuit court to order: (1) the person to sign the record; (2) the person to deliver the record to the Secretary of State for filing; or (3) the Secretary of State to file the record unsigned. (b) If a petitioner under subsection (a) is not the limited liability company or foreign limited liability company to which the record pertains, the petitioner shall make the company or foreign company a party to the action. (c) A record filed under subsection (a)(3) is effective without being signed. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

(a) If a person required by this chapter to sign a record or deliver a record to the Secretary of State for filing under this chapter does not do so, any other person that is aggrieved may petition the circuit court to order: (1) the person to sign the record; (2) the person to deliver the record to the Secretary of State for filing; or (3) the Secretary of State to file the record unsigned.

(1) the person to sign the record;

(2) the person to deliver the record to the Secretary of State for filing; or

(3) the Secretary of State to file the record unsigned.

(b) If a petitioner under subsection (a) is not the limited liability company or foreign limited liability company to which the record pertains, the petitioner shall make the company or foreign company a party to the action.

(c) A record filed under subsection (a)(3) is effective without being signed.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-74-103 — AR Code / Title 4 / Chapter 74 / Section 4-74-103
Sales excepted from chapter
Status: in_force

The provisions of this chapter shall not be applicable to any sale of goods, wares, or merchandise pursuant to any court order or direction nor to the sale of any goods, wares, or merchandise by any sheriff or other public official in the course of his or her official duties. Acts 1983, No. 297, § 9; A.S.A. 1947, § 71-5509.

The provisions of this chapter shall not be applicable to any sale of goods, wares, or merchandise pursuant to any court order or direction nor to the sale of any goods, wares, or merchandise by any sheriff or other public official in the course of his or her official duties.

Acts 1983, No. 297, § 9; A.S.A. 1947, § 71-5509.
Ark. Code Ann. § 4-47-1113 — AR Code / Title 4 / Chapter 47 / Subchapter 11 / Section 4-47-1113
Chapter not exclusive
Status: in_force

This chapter does not preclude an entity from being converted or merged under other law. Acts 2007, No. 15, § 1.

This chapter does not preclude an entity from being converted or merged under other law.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-94-108 — AR Code / Title 4 / Chapter 94 / Section 4-94-108
Time for performance
Status: in_force

(a) Every contract for health spa services to be rendered at an existing health spa facility shall provide that the performance of the agreed-upon services will begin within forty-five (45) days from the date the contract is entered into. (b) Every contract for health spa services at a planned spa facility or spa facility under construction shall, at the option of the buyer, be voidable in the event that the health spa facilities and the agreed-upon services are not available within one hundred eighty (180) days from the date the contract is entered into. Acts 1989, No. 264, § 5.

(a) Every contract for health spa services to be rendered at an existing health spa facility shall provide that the performance of the agreed-upon services will begin within forty-five (45) days from the date the contract is entered into.

(b) Every contract for health spa services at a planned spa facility or spa facility under construction shall, at the option of the buyer, be voidable in the event that the health spa facilities and the agreed-upon services are not available within one hundred eighty (180) days from the date the contract is entered into.

Acts 1989, No. 264, § 5.
Ark. Code Ann. § 4-47-202 — AR Code / Title 4 / Chapter 47 / Subchapter 2 / Section 4-47-202
Amendment or restatement of certificate
Status: in_force

(a) In order to amend its certificate of limited partnership, a limited partnership must deliver to the Secretary of State for filing an amendment or, pursuant to subchapter 11, articles of merger stating: (1) the name of the limited partnership; (2) the date of filing of its initial certificate; and (3) the changes the amendment makes to the certificate as most recently amended or restated. (b) A limited partnership shall promptly deliver to the Secretary of State for filing an amendment to a certificate of limited partnership to reflect: (1) the admission of a new general partner; (2) the dissociation of a person as a general partner; or (3) the appointment of a person to wind up the limited partnership's activities under § 4-47-803(c) or (d) . (c) A general partner that knows that any information in a filed certificate of limited partnership was false when the certificate was filed or has become false due to changed circumstances shall promptly: (1) cause the certificate to be amended; or (2) if appropriate, deliver to the Secretary of State for filing a statement of correction pursuant to § 4-47-207 or § 4-20-108 . (d) A certificate of limited partnership may be amended at any time for any other proper purpose as determined by the limited partnership. (e) A restated certificate of limited partnership may be delivered to the Secretary of State for filing in the same manner as an amendment. (f) Subject to § 4-47-206(c) , an amendment or restated certificate is effective when filed by the Secretary of State. Acts 2007, No. 15, § 1; 2007, No. 638, § 59.

(a) In order to amend its certificate of limited partnership, a limited partnership must deliver to the Secretary of State for filing an amendment or, pursuant to subchapter 11, articles of merger stating: (1) the name of the limited partnership; (2) the date of filing of its initial certificate; and (3) the changes the amendment makes to the certificate as most recently amended or restated.

(1) the name of the limited partnership;

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

(3) the changes the amendment makes to the certificate as most recently amended or restated.

(b) A limited partnership shall promptly deliver to the Secretary of State for filing an amendment to a certificate of limited partnership to reflect: (1) the admission of a new general partner; (2) the dissociation of a person as a general partner; or (3) the appointment of a person to wind up the limited partnership's activities under § 4-47-803(c) or (d) .

(1) the admission of a new general partner;

(2) the dissociation of a person as a general partner; or

(3) the appointment of a person to wind up the limited partnership's activities under § 4-47-803(c) or (d) .

(c) A general partner that knows that any information in a filed certificate of limited partnership was false when the certificate was filed or has become false due to changed circumstances shall promptly: (1) cause the certificate to be amended; or (2) if appropriate, deliver to the Secretary of State for filing a statement of correction pursuant to § 4-47-207 or § 4-20-108 .

(1) cause the certificate to be amended; or

(2) if appropriate, deliver to the Secretary of State for filing a statement of correction pursuant to § 4-47-207 or § 4-20-108 .

(d) A certificate of limited partnership may be amended at any time for any other proper purpose as determined by the limited partnership.

(e) A restated certificate of limited partnership may be delivered to the Secretary of State for filing in the same manner as an amendment.

(f) Subject to § 4-47-206(c) , an amendment or restated certificate is effective when filed by the Secretary of State.

Acts 2007, No. 15, § 1; 2007, No. 638, § 59.
Ark. Code Ann. § 4-26-104 — AR Code / Title 4 / Chapter 26 / Subchapter 1 / Section 4-26-104
Administration by Secretary of State
Status: in_force

The Secretary of State shall have the power and authority reasonably necessary to enable him or her to administer this chapter efficiently and to perform the duties therein imposed upon him or her. Acts 1965, No. 576, § 92; A.S.A. 1947, § 64-119.

The Secretary of State shall have the power and authority reasonably necessary to enable him or her to administer this chapter efficiently and to perform the duties therein imposed upon him or her.

Acts 1965, No. 576, § 92; A.S.A. 1947, § 64-119.
Ark. Code Ann. § 4-112-114 — AR Code / Title 4 / Chapter 112 / Section 4-112-114
No prohibition on advising third party that security freeze is in effect
Status: in_force

This chapter does not prohibit a consumer reporting agency from advising a third party that a security freeze is in effect with respect to the credit report of a consumer. Acts 2009, No. 223, § 1.

This chapter does not prohibit a consumer reporting agency from advising a third party that a security freeze is in effect with respect to the credit report of a consumer.

Acts 2009, No. 223, § 1.
Ark. Code Ann. § 4-26-621 — AR Code / Title 4 / Chapter 26 / Subchapter 6 / Section 4-26-621
Contractual restriction on dividends
Status: in_force

Nothing in this chapter shall impair the right of a corporation to restrict, through a valid loan agreement, the payment of dividends or the making of distributions in partial liquidation. Acts 1965, No. 576, § 47; A.S.A. 1947, § 64-404.

Nothing in this chapter shall impair the right of a corporation to restrict, through a valid loan agreement, the payment of dividends or the making of distributions in partial liquidation.

Acts 1965, No. 576, § 47; A.S.A. 1947, § 64-404.
Ark. Code Ann. § 4-47-1207 — AR Code / Title 4 / Chapter 47 / Subchapter 12 / Section 4-47-1207
Savings clause
Status: in_force

This chapter does not affect an action commenced, proceeding brought, or right accrued before this chapter takes effect. Acts 2007, No. 15, § 1.

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

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-26-101 — AR Code / Title 4 / Chapter 26 / Subchapter 1 / Section 4-26-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Arkansas Business Corporation Act". Acts 1965, No. 576, § 1; A.S.A. 1947, § 64-101.

This chapter shall be known and may be cited as the "Arkansas Business Corporation Act".

Acts 1965, No. 576, § 1; A.S.A. 1947, § 64-101.
Ark. Code Ann. § 4-46-104 — AR Code / Title 4 / Chapter 46 / Subchapter 1 / Section 4-46-104
Supplemental principles of law
Status: in_force

(a) Unless displaced by particular provisions of this chapter, the principles of law and equity supplement this chapter. (b) If an obligation to pay interest arises under this chapter and the rate is not specified, the rate shall be six percent (6%). Acts 1999, No. 1518, § 104.

(a) Unless displaced by particular provisions of this chapter, the principles of law and equity supplement this chapter.

(b) If an obligation to pay interest arises under this chapter and the rate is not specified, the rate shall be six percent (6%).

Acts 1999, No. 1518, § 104.
Ark. Code Ann. § 4-27-1904 — AR Code / Title 4 / Chapter 27 / Subchapter 19 / Section 4-27-1904
Administration - Duties of the Secretary of State
Status: in_force

The Secretary of State shall: (1) Administer this subchapter; (2) Establish, through cooperative efforts, the standards and requirements necessary to design, build, and implement the State Business Portal; (3) Establish the standards and requirements necessary for a state or local agency to participate in the portal; (4) Authorize a state or local agency to participate in the portal if the Secretary of State determines that the agency meets the standards and requirements necessary to participate; (5) Determine the appropriate requirements to be used by businesses and governmental agencies conducting transactions through use of the portal; (6) Adopt procedures to administer this subchapter; and (7) (A) Establish a unique identifier for each business entity registered to do business in this state. (B) The unique identifier shall be: (i) Alphabetical, alphanumeric, or numeric as determined by the Secretary of State; (ii) Unique to each registered business entity; (iii) The statewide business identifier for each business entity; and (iv) Recognized by all state, county, city, and local governments as the unique business identifier for each business entity registered in this state. Added by Act 2015, No. 1190,§ 2, eff. 7/22/2015.

The Secretary of State shall:

(1) Administer this subchapter;

(2) Establish, through cooperative efforts, the standards and requirements necessary to design, build, and implement the State Business Portal;

(3) Establish the standards and requirements necessary for a state or local agency to participate in the portal;

(4) Authorize a state or local agency to participate in the portal if the Secretary of State determines that the agency meets the standards and requirements necessary to participate;

(5) Determine the appropriate requirements to be used by businesses and governmental agencies conducting transactions through use of the portal;

(6) Adopt procedures to administer this subchapter; and

(7) (A) Establish a unique identifier for each business entity registered to do business in this state. (B) The unique identifier shall be: (i) Alphabetical, alphanumeric, or numeric as determined by the Secretary of State; (ii) Unique to each registered business entity; (iii) The statewide business identifier for each business entity; and (iv) Recognized by all state, county, city, and local governments as the unique business identifier for each business entity registered in this state.

(A) Establish a unique identifier for each business entity registered to do business in this state.

(B) The unique identifier shall be: (i) Alphabetical, alphanumeric, or numeric as determined by the Secretary of State; (ii) Unique to each registered business entity; (iii) The statewide business identifier for each business entity; and (iv) Recognized by all state, county, city, and local governments as the unique business identifier for each business entity registered in this state.

(i) Alphabetical, alphanumeric, or numeric as determined by the Secretary of State;

(ii) Unique to each registered business entity;

(iii) The statewide business identifier for each business entity; and

(iv) Recognized by all state, county, city, and local governments as the unique business identifier for each business entity registered in this state.

Added by Act 2015, No. 1190,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 4-108-210 — AR Code / Title 4 / Chapter 108 / Subchapter 2 / Section 4-108-210
Restraining order and injunction
Status: in_force

The Director of the State Plant Board is authorized to apply to any court of competent jurisdiction for a restraining order or a temporary or permanent injunction restraining any person from violating any provision of this subchapter. Acts 2001, No. 586, § 10.

The Director of the State Plant Board is authorized to apply to any court of competent jurisdiction for a restraining order or a temporary or permanent injunction restraining any person from violating any provision of this subchapter.

Acts 2001, No. 586, § 10.
Ark. Code Ann. § 4-110-101 — AR Code / Title 4 / Chapter 110 / Section 4-110-101
Short title
Status: in_force

This chapter shall be known and cited as the "Personal Information Protection Act". Acts 2005, No. 1526, § 1.

This chapter shall be known and cited as the "Personal Information Protection Act".

Acts 2005, No. 1526, § 1.
Ark. Code Ann. § 4-108-209 — AR Code / Title 4 / Chapter 108 / Subchapter 2 / Section 4-108-209
Criminal penalties
Status: in_force

Any person who intentionally violates any provision of this subchapter or rules promulgated thereto shall be guilty of a Class A misdemeanor. Amended by Act 2019, No. 315,§ 145, eff. 7/24/2019. Acts 2001, No. 586, § 9.

Any person who intentionally violates any provision of this subchapter or rules promulgated thereto shall be guilty of a Class A misdemeanor.

Amended by Act 2019, No. 315,§ 145, eff. 7/24/2019.

Acts 2001, No. 586, § 9.
Ark. Code Ann. § 4-46-305 — AR Code / Title 4 / Chapter 46 / Subchapter 3 / Section 4-46-305
Partnership liable for partner's actionable conduct
Status: in_force

(a) A partnership is liable for loss or injury caused to a person, or for a penalty incurred, as a result of a wrongful act or omission, or other actionable conduct, of a partner acting in the ordinary course of business of the partnership or with authority of the partnership. (b) If, in the course of the partnership's business or while acting with authority of the partnership, a partner receives or causes the partnership to receive money or property of a person not a partner, and the money or property is misapplied by a partner, the partnership is liable for the loss. Acts 1999, No. 1518, § 305.

(a) A partnership is liable for loss or injury caused to a person, or for a penalty incurred, as a result of a wrongful act or omission, or other actionable conduct, of a partner acting in the ordinary course of business of the partnership or with authority of the partnership.

(b) If, in the course of the partnership's business or while acting with authority of the partnership, a partner receives or causes the partnership to receive money or property of a person not a partner, and the money or property is misapplied by a partner, the partnership is liable for the loss.

Acts 1999, No. 1518, § 305.
Ark. Code Ann. § 4-10-101 — AR Code / Title 4 / Chapter 10 / Section 4-10-101
Effective date
Status: in_force

This subtitle shall become effective at midnight on December 31, 1961. Acts 1961, No. 185, § 10-101; A.S.A. 1947, § 85-1-101n.

This subtitle shall become effective at midnight on December 31, 1961.

Acts 1961, No. 185, § 10-101; A.S.A. 1947, § 85-1-101n.
Ark. Code Ann. § 4-25-101 — AR Code / Title 4 / Chapter 25 / Section 4-25-101
Resignation of agent
Status: in_force

(a) (1) Any person who has been designated by any corporation, either foreign or domestic, as its authorized agent for service of process, may file with the Secretary of State a signed statement that he or she is unwilling to continue to act as the agent of the corporation. (2) Upon the expiration of sixty (60) days after the filing of the statement with the Secretary of State, the capacity of the person as agent shall terminate. (b) Upon the filing of the statement, the Secretary of State forthwith shall give written notice, by mail, to the corporation of the filing of the statement and the effect thereof. The notice shall be addressed to the corporation at its principal office, as shown by the records of the Secretary of State's office, and the corporation shall immediately designate another agent for service of process. Acts 1941, No. 54, § 1; A.S.A. 1947, § 64-1102.

(a) (1) Any person who has been designated by any corporation, either foreign or domestic, as its authorized agent for service of process, may file with the Secretary of State a signed statement that he or she is unwilling to continue to act as the agent of the corporation. (2) Upon the expiration of sixty (60) days after the filing of the statement with the Secretary of State, the capacity of the person as agent shall terminate.

(1) Any person who has been designated by any corporation, either foreign or domestic, as its authorized agent for service of process, may file with the Secretary of State a signed statement that he or she is unwilling to continue to act as the agent of the corporation.

(2) Upon the expiration of sixty (60) days after the filing of the statement with the Secretary of State, the capacity of the person as agent shall terminate.

(b) Upon the filing of the statement, the Secretary of State forthwith shall give written notice, by mail, to the corporation of the filing of the statement and the effect thereof. The notice shall be addressed to the corporation at its principal office, as shown by the records of the Secretary of State's office, and the corporation shall immediately designate another agent for service of process.

Acts 1941, No. 54, § 1; A.S.A. 1947, § 64-1102.
Ark. Code Ann. § 4-26-716 — AR Code / Title 4 / Chapter 26 / Subchapter 7 / Section 4-26-716
Liability of subscribers and shareholders
Status: in_force

(a) A holder of or subscriber to shares of a corporation shall be under no obligation to the corporation or its creditors with respect to the shares other than the obligation to pay to the corporation the full consideration fixed as provided by law for which those shares were issued or to be issued. (b) (1) Every original holder of watered shares or of shares not fully paid as agreed shall continue liable thereon to the corporation notwithstanding any transfer of the shares. (2) A transferee of the shares shall not be liable thereon if he or she acquired them in good faith without knowledge or notice that they were watered shares or shares not fully paid as agreed or if he or she acquired them from a transferor similarly free from liability. The burden of proof that the transferee did not so acquire the shares shall be upon the adverse party. (c) An executor, administrator, conservator, guardian, trustee, assignee for the benefit of creditors, or receiver shall not be personally liable to the corporation as a holder of or subscriber to shares of a corporation, but the estate and funds in his or her hands shall be so liable. (d) No pledgee or other holder of shares as collateral security shall be personally liable as a shareholder. Acts 1965, No. 576, § 25; A.S.A. 1947, § 64-210.

(a) A holder of or subscriber to shares of a corporation shall be under no obligation to the corporation or its creditors with respect to the shares other than the obligation to pay to the corporation the full consideration fixed as provided by law for which those shares were issued or to be issued.

(b) (1) Every original holder of watered shares or of shares not fully paid as agreed shall continue liable thereon to the corporation notwithstanding any transfer of the shares. (2) A transferee of the shares shall not be liable thereon if he or she acquired them in good faith without knowledge or notice that they were watered shares or shares not fully paid as agreed or if he or she acquired them from a transferor similarly free from liability. The burden of proof that the transferee did not so acquire the shares shall be upon the adverse party.

(1) Every original holder of watered shares or of shares not fully paid as agreed shall continue liable thereon to the corporation notwithstanding any transfer of the shares.

(2) A transferee of the shares shall not be liable thereon if he or she acquired them in good faith without knowledge or notice that they were watered shares or shares not fully paid as agreed or if he or she acquired them from a transferor similarly free from liability. The burden of proof that the transferee did not so acquire the shares shall be upon the adverse party.

(c) An executor, administrator, conservator, guardian, trustee, assignee for the benefit of creditors, or receiver shall not be personally liable to the corporation as a holder of or subscriber to shares of a corporation, but the estate and funds in his or her hands shall be so liable.

(d) No pledgee or other holder of shares as collateral security shall be personally liable as a shareholder.

Acts 1965, No. 576, § 25; A.S.A. 1947, § 64-210.
Ark. Code Ann. § 4-109-102 — AR Code / Title 4 / Chapter 109 / Section 4-109-102
Prohibited acts and practices
Status: in_force

It is a violation of this chapter for any person to advertise his or her services using the terms "notario " or "notario publico", or any similar term, unless the person is a notary public as defined in this subchapter and the person complies with the notice requirements in § 4-109-103 . Acts 2005, No. 66, § 1.

It is a violation of this chapter for any person to advertise his or her services using the terms "notario " or "notario publico", or any similar term, unless the person is a notary public as defined in this subchapter and the person complies with the notice requirements in § 4-109-103 .

Acts 2005, No. 66, § 1.
Ark. Code Ann. § 4-38-201 — AR Code / Title 4 / Chapter 38 / Subchapter 2 / Section 4-38-201
Formation of limited liability company; Certificate of organization
Status: in_force

(a) One or more persons may act as organizers to form a limited liability company by delivering to the Secretary of State for filing a certificate of organization. (b) A certificate of organization must state: (1) the name of the limited liability company, which must comply with § 4-38-112 ; (2) the street and mailing addresses of the company's principal office; and (3) the information required by § 4-20-105(a) . (c) A certificate of organization may contain statements as to matters other than those required by subsection (b), but may not vary or otherwise affect the provisions specified in § 4-38-105(e) and (f) in a manner inconsistent with that section. However, a statement in a certificate of organization is not effective as a statement of authority. (d) A limited liability company is formed when the certificate of organization becomes effective and at least one person has become a member or manager. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

(a) One or more persons may act as organizers to form a limited liability company by delivering to the Secretary of State for filing a certificate of organization.

(b) A certificate of organization must state: (1) the name of the limited liability company, which must comply with § 4-38-112 ; (2) the street and mailing addresses of the company's principal office; and (3) the information required by § 4-20-105(a) .

(1) the name of the limited liability company, which must comply with § 4-38-112 ;

(2) the street and mailing addresses of the company's principal office; and

(3) the information required by § 4-20-105(a) .

(c) A certificate of organization may contain statements as to matters other than those required by subsection (b), but may not vary or otherwise affect the provisions specified in § 4-38-105(e) and (f) in a manner inconsistent with that section. However, a statement in a certificate of organization is not effective as a statement of authority.

(d) A limited liability company is formed when the certificate of organization becomes effective and at least one person has become a member or manager.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-31-302 — AR Code / Title 4 / Chapter 31 / Subchapter 3 / Section 4-31-302
Definitions
Status: in_force

For purposes of this section and §§ 4-31-301 and 4-31-303 , "foreign bank or trust company with fiduciary powers" means a bank or trust company organized under the laws of and having its principal office in the District of Columbia or any territory or state of the United States other than the State of Arkansas, and any national bank having its principal office in the District of Columbia or a territory or another state, which bank or trust company is empowered to act as a fiduciary. Acts 1991, No. 402, § 2.

For purposes of this section and §§ 4-31-301 and 4-31-303 , "foreign bank or trust company with fiduciary powers" means a bank or trust company organized under the laws of and having its principal office in the District of Columbia or any territory or state of the United States other than the State of Arkansas, and any national bank having its principal office in the District of Columbia or a territory or another state, which bank or trust company is empowered to act as a fiduciary.

Acts 1991, No. 402, § 2.
Ark. Code Ann. § 4-47-505 — AR Code / Title 4 / Chapter 47 / Subchapter 5 / Section 4-47-505
No distribution on account of dissociation
Status: in_force

A person does not have a right to receive a distribution on account of dissociation. Acts 2007, No. 15, § 1.

A person does not have a right to receive a distribution on account of dissociation.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-20-111 — AR Code / Title 4 / Chapter 20 / Section 4-20-111
Resignation of registered agent
Status: in_force

(a) A registered agent may resign at any time with respect to a represented entity by filing with the Secretary of State a statement of resignation signed by or on behalf of the agent which states: (1) the name of the entity; (2) the name of the agent; (3) that the agent resigns from serving as agent for service of process for the entity; and (4) the name and address of the person to which the agent will send the notice required by subsection (c). (b) A statement of resignation takes effect on the earlier of the 31st day after the day on which it is filed or the appointment of a new registered agent for the represented entity. (c) The registered agent shall promptly furnish the represented entity with notice in a record of the date on which a statement of resignation was filed. (d) When a statement of resignation takes effect, the registered agent ceases to have responsibility for any matter tendered to it as agent for the represented entity. A resignation under this section does not affect any contractual rights the entity may have against the agent or that the agent has against the entity. (e) A registered agent may resign with respect to a represented entity whether or not the entity is in good standing. Acts 2007, No. 638, § 1.

(a) A registered agent may resign at any time with respect to a represented entity by filing with the Secretary of State a statement of resignation signed by or on behalf of the agent which states: (1) the name of the entity; (2) the name of the agent; (3) that the agent resigns from serving as agent for service of process for the entity; and (4) the name and address of the person to which the agent will send the notice required by subsection (c).

(1) the name of the entity;

(2) the name of the agent;

(3) that the agent resigns from serving as agent for service of process for the entity; and

(4) the name and address of the person to which the agent will send the notice required by subsection (c).

(b) A statement of resignation takes effect on the earlier of the 31st day after the day on which it is filed or the appointment of a new registered agent for the represented entity.

(c) The registered agent shall promptly furnish the represented entity with notice in a record of the date on which a statement of resignation was filed.

(d) When a statement of resignation takes effect, the registered agent ceases to have responsibility for any matter tendered to it as agent for the represented entity. A resignation under this section does not affect any contractual rights the entity may have against the agent or that the agent has against the entity.

(e) A registered agent may resign with respect to a represented entity whether or not the entity is in good standing.

Acts 2007, No. 638, § 1.
Ark. Code Ann. § 4-70-302 — AR Code / Title 4 / Chapter 70 / Subchapter 3 / Section 4-70-302
Sales representatives' contracts - Limitation
Status: in_force

(a) A contract between a principal and a sales representative under which the sales representative is to solicit wholesale orders within this state must be in writing and set forth the method by which the sales representative's commission is to be computed and paid. (b) The principal shall provide the sales representative with a copy of the contract. (c) A provision in the contract establishing venue for an action arising under the contract in a state other than this state is void. Acts 1989, No. 464, § 1.

(a) A contract between a principal and a sales representative under which the sales representative is to solicit wholesale orders within this state must be in writing and set forth the method by which the sales representative's commission is to be computed and paid.

(b) The principal shall provide the sales representative with a copy of the contract.

(c) A provision in the contract establishing venue for an action arising under the contract in a state other than this state is void.

Acts 1989, No. 464, § 1.
Ark. Code Ann. § 4-47-1001 — AR Code / Title 4 / Chapter 47 / Subchapter 10 / Section 4-47-1001
Direct action by partner
Status: in_force

(a) Subject to subsection (b), a partner may maintain a direct action against the limited partnership or another partner for legal or equitable relief, with or without an accounting as to the partnership's activities, to enforce the rights and otherwise protect the interests of the partner, including rights and interests under the partnership agreement or this chapter or arising independently of the partnership relationship. (b) A partner commencing a direct action under this section is required to plead and prove an actual or threatened injury that is not solely the result of an injury suffered or threatened to be suffered by the limited partnership. (c) The accrual of, and any time limitation on, a right of action for a remedy under this section is governed by other law. A right to an accounting upon a dissolution and winding up does not revive a claim barred by law. Acts 2007, No. 15, § 1.

(a) Subject to subsection (b), a partner may maintain a direct action against the limited partnership or another partner for legal or equitable relief, with or without an accounting as to the partnership's activities, to enforce the rights and otherwise protect the interests of the partner, including rights and interests under the partnership agreement or this chapter or arising independently of the partnership relationship.

(b) A partner commencing a direct action under this section is required to plead and prove an actual or threatened injury that is not solely the result of an injury suffered or threatened to be suffered by the limited partnership.

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

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-29-211 — AR Code / Title 4 / Chapter 29 / Subchapter 2 / Section 4-29-211
Certificate of registration - Suspension or revocation
Status: in_force

(a) The state board, department, or agency which issued the certificate of registration may suspend or revoke it for any of the following reasons: (1) The revocation or suspension of the license to practice the profession of any officer, director, shareholder, or employee not promptly removed or discharged by the corporation; (2) Unethical professional conduct on the part of any officer, director, shareholder, or employee not promptly removed or discharged by the corporation; (3) The death of the last remaining shareholder; or (4) Upon finding that the holder of a certificate has failed to comply with the provisions of this subchapter or the rules prescribed by the state board, department, or agency that issued it. (b) Before any certificate of registration is suspended or revoked, the holder shall be given written notice of the proposed action and the reasons therefor and shall be given a public hearing by the state board, department, or agency giving the notice, with the right to produce testimony and other evidence concerning the charges made. The notice shall also state the place and date of the hearing, which shall be at least ten (10) days after service of the notice. Amended by Act 2019, No. 315,§ 116, eff. 7/24/2019. Acts 1963, No. 155, §§ 10, 11; A.S.A. 1947, §§ 64-2010, 64-2011.

(a) The state board, department, or agency which issued the certificate of registration may suspend or revoke it for any of the following reasons: (1) The revocation or suspension of the license to practice the profession of any officer, director, shareholder, or employee not promptly removed or discharged by the corporation; (2) Unethical professional conduct on the part of any officer, director, shareholder, or employee not promptly removed or discharged by the corporation; (3) The death of the last remaining shareholder; or (4) Upon finding that the holder of a certificate has failed to comply with the provisions of this subchapter or the rules prescribed by the state board, department, or agency that issued it.

(1) The revocation or suspension of the license to practice the profession of any officer, director, shareholder, or employee not promptly removed or discharged by the corporation;

(2) Unethical professional conduct on the part of any officer, director, shareholder, or employee not promptly removed or discharged by the corporation;

(3) The death of the last remaining shareholder; or

(4) Upon finding that the holder of a certificate has failed to comply with the provisions of this subchapter or the rules prescribed by the state board, department, or agency that issued it.

(b) Before any certificate of registration is suspended or revoked, the holder shall be given written notice of the proposed action and the reasons therefor and shall be given a public hearing by the state board, department, or agency giving the notice, with the right to produce testimony and other evidence concerning the charges made. The notice shall also state the place and date of the hearing, which shall be at least ten (10) days after service of the notice.

Amended by Act 2019, No. 315,§ 116, eff. 7/24/2019.

Acts 1963, No. 155, §§ 10, 11; A.S.A. 1947, §§ 64-2010, 64-2011.
Ark. Code Ann. § 4-90-512 — AR Code / Title 4 / Chapter 90 / Subchapter 5 / Section 4-90-512
Form of service contracts and warranties
Status: in_force

A motor vehicle service contract or theft protection program warranty shall not be issued that: (1) Is a violation of or does not comply with this subchapter, any specifically applicable provision of the Arkansas Insurance Code, or any applicable rule of the State Insurance Department; (2) Contains, or incorporates by reference when such incorporation is otherwise permissible, any inconsistent, ambiguous, illusory, or misleading clauses, or exceptions and conditions that deceptively affect the risk purported to be assumed in the general coverage of the motor vehicle service contract; (3) Has any title, heading, or other indication of its provisions that is misleading; (4) Is printed or otherwise reproduced in such manner as to render any material provision of the form substantially illegible; (5) Contains any provision that is unconscionable or encourages misrepresentation; (6) Contains any provision that makes it difficult to determine the actual motor vehicle service contract provider or warrantor issuing the form; or (7) Contains any provision for reducing claim payments due to depreciation of parts. Amended by Act 2017, No. 364,§ 9, eff. 8/1/2017. Acts 1993, No. 805, § 11.

A motor vehicle service contract or theft protection program warranty shall not be issued that:

(1) Is a violation of or does not comply with this subchapter, any specifically applicable provision of the Arkansas Insurance Code, or any applicable rule of the State Insurance Department;

(2) Contains, or incorporates by reference when such incorporation is otherwise permissible, any inconsistent, ambiguous, illusory, or misleading clauses, or exceptions and conditions that deceptively affect the risk purported to be assumed in the general coverage of the motor vehicle service contract;

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

(4) Is printed or otherwise reproduced in such manner as to render any material provision of the form substantially illegible;

(5) Contains any provision that is unconscionable or encourages misrepresentation;

(6) Contains any provision that makes it difficult to determine the actual motor vehicle service contract provider or warrantor issuing the form; or

(7) Contains any provision for reducing claim payments due to depreciation of parts.

Amended by Act 2017, No. 364,§ 9, eff. 8/1/2017.

Acts 1993, No. 805, § 11.
Ark. Code Ann. § 4-30-102 — AR Code / Title 4 / Chapter 30 / Subchapter 1 / Section 4-30-102
Purpose of chapter
Status: in_force

The purpose of this chapter is to provide for the formation and carrying on of cooperative associations and to provide for the rights, powers, liabilities, and duties of such cooperative associations. Acts 1921, No. 632, § 1; Pope's Dig., § 2262; A.S.A. 1947, § 64-1501.

The purpose of this chapter is to provide for the formation and carrying on of cooperative associations and to provide for the rights, powers, liabilities, and duties of such cooperative associations.

Acts 1921, No. 632, § 1; Pope's Dig., § 2262; A.S.A. 1947, § 64-1501.
Ark. Code Ann. § 4-28-618 — AR Code / Title 4 / Chapter 28 / Subchapter 6 / Section 4-28-618
Duties of member
Status: in_force

(a) A member does not have a fiduciary duty to an unincorporated nonprofit association or to another member solely by being a member. (b) A member shall discharge the duties to the unincorporated nonprofit association and the other members and exercise any rights under this subchapter consistent with the governing principles and the obligation of good faith and fair dealing. Acts 2011, No. 202, § 2.

(a) A member does not have a fiduciary duty to an unincorporated nonprofit association or to another member solely by being a member.

(b) A member shall discharge the duties to the unincorporated nonprofit association and the other members and exercise any rights under this subchapter consistent with the governing principles and the obligation of good faith and fair dealing.

Acts 2011, No. 202, § 2.
Ark. Code Ann. § 4-96-202 — AR Code / Title 4 / Chapter 96 / Subchapter 2 / Section 4-96-202
Conspiracy to violate subchapter - Penalties
Status: in_force

(a) No person shall conspire with any other person to violate this subchapter. (b) Any person who is found to have violated the provisions of this subchapter shall be guilty of a Class A misdemeanor. (c) (1) A violation of this subchapter shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq. (2) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be available to the Attorney General for the enforcement of this subchapter. Acts 1991, No. 186, § 1; 1993, No. 908, § 1; 2005, No. 1994, § 219.

(a) No person shall conspire with any other person to violate this subchapter.

(b) Any person who is found to have violated the provisions of this subchapter shall be guilty of a Class A misdemeanor.

(c) (1) A violation of this subchapter shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq. (2) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be available to the Attorney General for the enforcement of this subchapter.

(1) A violation of this subchapter shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq.

(2) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be available to the Attorney General for the enforcement of this subchapter.

Acts 1991, No. 186, § 1; 1993, No. 908, § 1; 2005, No. 1994, § 219.
Ark. Code Ann. § 4-18-325 — AR Code / Title 4 / Chapter 18 / Subchapter 3 / Section 4-18-325
Restraining order and injunction
Status: in_force

The State Plant Board or its designee is authorized to apply to any court of competent jurisdiction for a restraining order, or a temporary or permanent injunction, restraining any person from violating any provision of this subchapter. Amended by Act 2019, No. 910,§ 37, eff. 7/1/2019. Acts 2001, No. 587, § 25.

The State Plant Board or its designee is authorized to apply to any court of competent jurisdiction for a restraining order, or a temporary or permanent injunction, restraining any person from violating any provision of this subchapter.

Amended by Act 2019, No. 910,§ 37, eff. 7/1/2019.

Acts 2001, No. 587, § 25.
Ark. Code Ann. § 4-28-209 — AR Code / Title 4 / Chapter 28 / Subchapter 2 / Section 4-28-209
Powers
Status: in_force

Each corporation shall have power: (1) To have perpetual succession by its corporate name unless a limited period of duration is stated in its articles of incorporation; (2) To sue and be sued, complain, and defend in its corporate name; (3) To purchase, take, receive, lease, take by gift, devise, or bequest, or otherwise acquire, own, hold, improve, use, and otherwise deal in and with real or personal property or any interest therein, wherever situated; (4) To sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of all or any part of its property and assets; (5) To make contracts and incur liabilities, borrow money, issue its notes, bonds, and other obligations, act as a trustee, and secure any of its obligations by mortgage or pledge of all or any of its property, franchises, and income; (6) To manage its internal affairs in any desired manner so long as the provisions of the Arkansas Nonprofit Corporation Act, §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 , or other law are not violated; and (7) To do any and all things necessary, convenient, useful, or incidental to the attainment of its purposes as fully and to the same extent as natural persons lawfully might or could do so long as consistent with the provisions of the Arkansas Nonprofit Corporation Act, §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 . Acts 1963, No. 176, § 7; A.S.A. 1947, § 64-1907; Acts 1993, No. 1147, § 1801.

Each corporation shall have power:

(1) To have perpetual succession by its corporate name unless a limited period of duration is stated in its articles of incorporation;

(2) To sue and be sued, complain, and defend in its corporate name;

(3) To purchase, take, receive, lease, take by gift, devise, or bequest, or otherwise acquire, own, hold, improve, use, and otherwise deal in and with real or personal property or any interest therein, wherever situated;

(4) To sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of all or any part of its property and assets;

(5) To make contracts and incur liabilities, borrow money, issue its notes, bonds, and other obligations, act as a trustee, and secure any of its obligations by mortgage or pledge of all or any of its property, franchises, and income;

(6) To manage its internal affairs in any desired manner so long as the provisions of the Arkansas Nonprofit Corporation Act, §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 , or other law are not violated; and

(7) To do any and all things necessary, convenient, useful, or incidental to the attainment of its purposes as fully and to the same extent as natural persons lawfully might or could do so long as consistent with the provisions of the Arkansas Nonprofit Corporation Act, §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 .

Acts 1963, No. 176, § 7; A.S.A. 1947, § 64-1907; Acts 1993, No. 1147, § 1801.
Ark. Code Ann. § 4-75-409 — AR Code / Title 4 / Chapter 75 / Subchapter 4 / Section 4-75-409
Exclusive financing agreements - Threats as prima facie evidence
Status: in_force

Any threat, expressed or implied, made to any person engaged in the business of selling motor vehicles at retail in this state by any person engaged, either directly or indirectly, in the manufacture or distribution of motor vehicles, that the person will discontinue or cease to sell, or refuse to enter into a contract to sell, or will terminate a contract to sell motor vehicles, to the person who is so engaged in the business of selling motor vehicles at retail, unless the person finances the purchase or sale of any one (1) or number of motor vehicles only with or through a designated person or class of persons or sells and assigns the conditional sales contracts, chattel mortgages, or leases arising from his or her retail sales of motor vehicles or any one (1) or number thereof only to a designated person or class of persons shall be prima facie evidence of the fact that such person so engaged in the manufacture or distribution of motor vehicles has sold or intends to sell them on the condition or with the agreement or understanding prohibited in § 4-75-408 . Acts 1937, No. 205, § 2; Pope's Dig., § 9420; A.S.A. 1947, § 70-131.

Any threat, expressed or implied, made to any person engaged in the business of selling motor vehicles at retail in this state by any person engaged, either directly or indirectly, in the manufacture or distribution of motor vehicles, that the person will discontinue or cease to sell, or refuse to enter into a contract to sell, or will terminate a contract to sell motor vehicles, to the person who is so engaged in the business of selling motor vehicles at retail, unless the person finances the purchase or sale of any one (1) or number of motor vehicles only with or through a designated person or class of persons or sells and assigns the conditional sales contracts, chattel mortgages, or leases arising from his or her retail sales of motor vehicles or any one (1) or number thereof only to a designated person or class of persons shall be prima facie evidence of the fact that such person so engaged in the manufacture or distribution of motor vehicles has sold or intends to sell them on the condition or with the agreement or understanding prohibited in § 4-75-408 .

Acts 1937, No. 205, § 2; Pope's Dig., § 9420; A.S.A. 1947, § 70-131.
Ark. Code Ann. § 4-37-802 — AR Code / Title 4 / Chapter 37 / Subchapter 8 / Section 4-37-802
Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c) , or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b) . Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c) , or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b) .

Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 4-71-212 — AR Code / Title 4 / Chapter 71 / Subchapter 2 / Section 4-71-212
Infringement
Status: in_force

Subject to the provisions of § 4-71-216 , any person who shall commit the following acts shall be liable in a civil action by the registrant for any and all of the remedies provided in § 4-71-214 , except that under this section the registrant shall not be entitled to recover profits or damages unless the acts have been committed with the intent to cause confusion or mistake or to deceive: (1) To use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this subchapter in connection with the sale, distribution, offering for sale, or advertising of any goods or services on or in connection with which such use is likely to cause confusion or mistake or to deceive as to the source of origin of such goods or services; or (2) To reproduce, counterfeit, copy, or colorably imitate any such mark and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in connection with the sale or other distribution in this state of such goods or services. Acts 1997, No. 1109, § 12.

Subject to the provisions of § 4-71-216 , any person who shall commit the following acts shall be liable in a civil action by the registrant for any and all of the remedies provided in § 4-71-214 , except that under this section the registrant shall not be entitled to recover profits or damages unless the acts have been committed with the intent to cause confusion or mistake or to deceive:

(1) To use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this subchapter in connection with the sale, distribution, offering for sale, or advertising of any goods or services on or in connection with which such use is likely to cause confusion or mistake or to deceive as to the source of origin of such goods or services; or

(2) To reproduce, counterfeit, copy, or colorably imitate any such mark and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in connection with the sale or other distribution in this state of such goods or services.

Acts 1997, No. 1109, § 12.
Ark. Code Ann. § 4-47-114 — AR Code / Title 4 / Chapter 47 / Subchapter 1 / Section 4-47-114
Office and agent for service of process
Status: in_force

(a) A limited partnership shall designate and continuously maintain in this State: (1) an office, which need not be a place of its activity in this State; and (2) an agent for service of process. (b) A foreign limited partnership shall designate and continuously maintain in this State an agent for service of process. (c) The Model Registered Agents Act, § 4-20-101 et seq.: (1) Governs the appointment, authority, powers, duties, termination of appointment, and all other provisions concerning an agent for service of process of a limited partnership or foreign limited partnership; and (2) May be used to obtain service of process upon a limited partnership or foreign limited partnership. Acts 2009, No. 814, § 8.

(a) A limited partnership shall designate and continuously maintain in this State: (1) an office, which need not be a place of its activity in this State; and (2) an agent for service of process.

(1) an office, which need not be a place of its activity in this State; and

(2) an agent for service of process.

(b) A foreign limited partnership shall designate and continuously maintain in this State an agent for service of process.

(c) The Model Registered Agents Act, § 4-20-101 et seq.: (1) Governs the appointment, authority, powers, duties, termination of appointment, and all other provisions concerning an agent for service of process of a limited partnership or foreign limited partnership; and (2) May be used to obtain service of process upon a limited partnership or foreign limited partnership.

(1) Governs the appointment, authority, powers, duties, termination of appointment, and all other provisions concerning an agent for service of process of a limited partnership or foreign limited partnership; and

(2) May be used to obtain service of process upon a limited partnership or foreign limited partnership.

Acts 2009, No. 814, § 8.
Ark. Code Ann. § 4-26-806 — AR Code / Title 4 / Chapter 26 / Subchapter 8 / Section 4-26-806
Quorum of directors
Status: in_force

A majority of the number of directors fixed by the bylaws, or in the absence of a bylaw fixing the number of directors then of the number stated in the articles of incorporation, shall constitute a quorum for the transaction of business unless a greater number is required by the articles of incorporation or the bylaws. Acts 1965, No. 576, § 40; A.S.A. 1947, § 64-305.

A majority of the number of directors fixed by the bylaws, or in the absence of a bylaw fixing the number of directors then of the number stated in the articles of incorporation, shall constitute a quorum for the transaction of business unless a greater number is required by the articles of incorporation or the bylaws.

Acts 1965, No. 576, § 40; A.S.A. 1947, § 64-305.
Ark. Code Ann. § 4-26-901 — AR Code / Title 4 / Chapter 26 / Subchapter 9 / Section 4-26-901
Corporate indebtedness - Mortgage of assets authorized
Status: in_force

In authorizing the procurement of corporate loans, the creation of obligations under which the corporation is to be primarily or secondarily liable; the issuance of corporate notes, bonds, and other obligations; and the mortgage and pledge of all or any part of the corporate assets, including after-acquired property, as security for any obligation so incurred, the board of directors shall not be required to procure any consent from or authorization by the shareholders except in the instance of the increase of bonded indebtedness of the corporation. Where the bonded indebtedness is increased within the meaning of Arkansas Constitution, Article 12, § 8, shareholders' authorization of both the creation of the additional indebtedness and the lien securing the same shall be required in conformity with the constitutional provision. Acts 1965, No. 576, § 78; A.S.A. 1947, § 64-801.

In authorizing the procurement of corporate loans, the creation of obligations under which the corporation is to be primarily or secondarily liable; the issuance of corporate notes, bonds, and other obligations; and the mortgage and pledge of all or any part of the corporate assets, including after-acquired property, as security for any obligation so incurred, the board of directors shall not be required to procure any consent from or authorization by the shareholders except in the instance of the increase of bonded indebtedness of the corporation. Where the bonded indebtedness is increased within the meaning of Arkansas Constitution, Article 12, § 8, shareholders' authorization of both the creation of the additional indebtedness and the lien securing the same shall be required in conformity with the constitutional provision.

Acts 1965, No. 576, § 78; A.S.A. 1947, § 64-801.
Ark. Code Ann. § 4-103-205 — AR Code / Title 4 / Chapter 103 / Subchapter 2 / Section 4-103-205
Construction of subchapter
Status: in_force

The provisions of this subchapter shall be supplemental to the laws of this state pertaining to charitable fraud or fraudulent practices. Acts 1997, No. 172, § 5.

The provisions of this subchapter shall be supplemental to the laws of this state pertaining to charitable fraud or fraudulent practices.

Acts 1997, No. 172, § 5.
Ark. Code Ann. § 4-46-902 — AR Code / Title 4 / Chapter 46 / Subchapter 9 / Section 4-46-902
Conversion
Status: in_force

(a) An organization other than a partnership may convert to a partnership, and a partnership may convert to another organization under this section and §§ 4-46-903 - 4-46-905 and a plan of conversion, if the: (1) Other organization's governing statute authorizes the conversion and is complied with; and (2) Conversion is not prohibited by the law of the jurisdiction that enacted the governing statute. (b) A plan of conversion must be in a record and must include the: (1) Name and form of the organization before conversion; (2) Name and form of the organization after conversion; and (3) 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) Organizational documents of the converted organization. Acts 2009, No. 408, § 6.

(a) An organization other than a partnership may convert to a partnership, and a partnership may convert to another organization under this section and §§ 4-46-903 - 4-46-905 and a plan of conversion, if the: (1) Other organization's governing statute authorizes the conversion and is complied with; and (2) Conversion is not prohibited by the law of the jurisdiction that enacted the governing statute.

(1) Other organization's governing statute authorizes the conversion and is complied with; and

(2) Conversion is not prohibited by the law of the jurisdiction that enacted the governing statute.

(b) A plan of conversion must be in a record and must include the: (1) Name and form of the organization before conversion; (2) Name and form of the organization after conversion; and (3) 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) Organizational documents of the converted organization.

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

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

(3) 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) Organizational documents of the converted organization.

Acts 2009, No. 408, § 6.
Ark. Code Ann. § 4-29-410 — AR Code / Title 4 / Chapter 29 / Subchapter 4 / Section 4-29-410
Certificate of registration - Appeal from denial, suspension, or revocation
Status: in_force

(a) Any corporation whose application for a certificate of registration has been denied or whose registration has been suspended or revoked may appeal within thirty (30) days after notice of the action by the Arkansas State Board of Dental Examiners to the Pulaski County Circuit Court. (b) The court shall inquire into the cause of the board's action and may affirm or reverse the decision and order a further hearing by the board, or may order the board to grant the appellant a certificate of registration. (c) The appeal shall be in the manner provided by law. (d) Notice of appeal shall be served upon the secretary of the board by serving the secretary a copy thereof within thirty (30) days after the board has notified the appellant of its decision. The service may be by registered or certified mail. Acts 1961, No. 471, §§ 12, 13; A.S.A. 1947, §§ 64-1812, 64-1813.

(a) Any corporation whose application for a certificate of registration has been denied or whose registration has been suspended or revoked may appeal within thirty (30) days after notice of the action by the Arkansas State Board of Dental Examiners to the Pulaski County Circuit Court.

(b) The court shall inquire into the cause of the board's action and may affirm or reverse the decision and order a further hearing by the board, or may order the board to grant the appellant a certificate of registration.

(c) The appeal shall be in the manner provided by law.

(d) Notice of appeal shall be served upon the secretary of the board by serving the secretary a copy thereof within thirty (30) days after the board has notified the appellant of its decision. The service may be by registered or certified mail.

Acts 1961, No. 471, §§ 12, 13; A.S.A. 1947, §§ 64-1812, 64-1813.
Ark. Code Ann. § 4-75-1102 — AR Code / Title 4 / Chapter 75 / Subchapter 11 / Section 4-75-1102
Findings and legislative intent
Status: in_force

(a) The General Assembly finds that citizens of this state: (1) Are renowned for their hard work and accomplishments in many areas that contribute to the public health, welfare, and pursuit of happiness; (2) Often spend most of their lives developing and maintaining reputations of honesty and integrity; (3) Have a vested interest in maintaining the memory of personal traits that characterize them and their accomplishments; and (4) Should have the use of their names, voices, signatures, photographs, and likenesses protected for their benefit and the benefit of their families. (b) It is the intent of the General Assembly by the enactment of this subchapter to: (1) Protect the names, voices, signatures, photographs, and likenesses of the citizens of this state from exploitation and unauthorized commercial use without the consent of the citizen; (2) Provide a method for the fair administration of the right to use the name, voice, signature, photograph, or likeness of a citizen; and (3) Provide appropriate remedies for the exploitation and unauthorized commercial use of the name, voice, signature, photograph, or likeness of a citizen. Added by Act 2016EX3, No. 9,§ 1, eff. 8/22/2016. Added by Act 2016EX3, No. 8,§ 1, eff. 8/22/2016.

(a) The General Assembly finds that citizens of this state: (1) Are renowned for their hard work and accomplishments in many areas that contribute to the public health, welfare, and pursuit of happiness; (2) Often spend most of their lives developing and maintaining reputations of honesty and integrity; (3) Have a vested interest in maintaining the memory of personal traits that characterize them and their accomplishments; and (4) Should have the use of their names, voices, signatures, photographs, and likenesses protected for their benefit and the benefit of their families.

(1) Are renowned for their hard work and accomplishments in many areas that contribute to the public health, welfare, and pursuit of happiness;

(2) Often spend most of their lives developing and maintaining reputations of honesty and integrity;

(3) Have a vested interest in maintaining the memory of personal traits that characterize them and their accomplishments; and

(4) Should have the use of their names, voices, signatures, photographs, and likenesses protected for their benefit and the benefit of their families.

(b) It is the intent of the General Assembly by the enactment of this subchapter to: (1) Protect the names, voices, signatures, photographs, and likenesses of the citizens of this state from exploitation and unauthorized commercial use without the consent of the citizen; (2) Provide a method for the fair administration of the right to use the name, voice, signature, photograph, or likeness of a citizen; and (3) Provide appropriate remedies for the exploitation and unauthorized commercial use of the name, voice, signature, photograph, or likeness of a citizen.

(1) Protect the names, voices, signatures, photographs, and likenesses of the citizens of this state from exploitation and unauthorized commercial use without the consent of the citizen;

(2) Provide a method for the fair administration of the right to use the name, voice, signature, photograph, or likeness of a citizen; and

(3) Provide appropriate remedies for the exploitation and unauthorized commercial use of the name, voice, signature, photograph, or likeness of a citizen.

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

Added by Act 2016EX3, No. 8,§ 1, eff. 8/22/2016.
Ark. Code Ann. § 4-46-1206 — AR Code / Title 4 / Chapter 46 / Subchapter 12 / Section 4-46-1206
Savings clause
Status: in_force

This chapter does not affect an action or proceeding commenced or right accrued before this chapter takes effect. Acts 1999, No. 1518, § 1206.

This chapter does not affect an action or proceeding commenced or right accrued before this chapter takes effect.

Acts 1999, No. 1518, § 1206.
Ark. Code Ann. § 4-90-402 — AR Code / Title 4 / Chapter 90 / Subchapter 4 / Section 4-90-402
Legislative determinations and intent
Status: in_force

The General Assembly recognizes that a motor vehicle is a major consumer acquisition and that a defective motor vehicle undoubtedly creates a hardship for the consumer. The General Assembly further recognizes that a duly franchised motor vehicle dealer is an authorized service agent of the manufacturer. It is the intent of the General Assembly that a good-faith motor vehicle warranty complaint by a consumer be resolved by the manufacturer within a specified period of time. It is further the intent of the General Assembly to provide the statutory procedures whereby a consumer may receive a replacement motor vehicle or a full refund for a motor vehicle which cannot be brought into conformity with the warranty during the motor vehicle quality assurance period provided for in this subchapter. However, nothing in this subchapter shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law. Acts 1993, No. 285, § 2; 1993, No. 297, § 2; 2001, No. 1134, § 1.

The General Assembly recognizes that a motor vehicle is a major consumer acquisition and that a defective motor vehicle undoubtedly creates a hardship for the consumer. The General Assembly further recognizes that a duly franchised motor vehicle dealer is an authorized service agent of the manufacturer. It is the intent of the General Assembly that a good-faith motor vehicle warranty complaint by a consumer be resolved by the manufacturer within a specified period of time. It is further the intent of the General Assembly to provide the statutory procedures whereby a consumer may receive a replacement motor vehicle or a full refund for a motor vehicle which cannot be brought into conformity with the warranty during the motor vehicle quality assurance period provided for in this subchapter. However, nothing in this subchapter shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.

Acts 1993, No. 285, § 2; 1993, No. 297, § 2; 2001, No. 1134, § 1.
Ark. Code Ann. § 4-60-101 — AR Code / Title 4 / Chapter 60 / Section 4-60-101
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Check" means a written unconditional order to pay a sum certain in money drawn on a bank payable on demand and signed by the drawer; (2) "Drawee" means the bank or purported bank upon which a check is drawn; (3) "Drawer" means a person, either real or fictitious, whose name appears on a check as the primary obligor, whether the actual signature is that of himself or herself or a person authorized to draw the check in his or her behalf; and (4) "Issue" means make, draw, deliver, or pass a check. Acts 1987, No. 66, § 1.

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

(1) "Check" means a written unconditional order to pay a sum certain in money drawn on a bank payable on demand and signed by the drawer;

(2) "Drawee" means the bank or purported bank upon which a check is drawn;

(3) "Drawer" means a person, either real or fictitious, whose name appears on a check as the primary obligor, whether the actual signature is that of himself or herself or a person authorized to draw the check in his or her behalf; and

(4) "Issue" means make, draw, deliver, or pass a check.

Acts 1987, No. 66, § 1.
Ark. Code Ann. § 4-29-313 — AR Code / Title 4 / Chapter 29 / Subchapter 3 / Section 4-29-313
Foreign medical corporations - Certificates of registration - Governance - Licensure
Status: in_force

(a) If a foreign medical corporation complies with this subchapter, the Arkansas State Medical Board may issue a certificate of registration to the foreign medical corporation. (b) A person who is not licensed to practice medicine shall not participate in the ownership, management, or control of a foreign medical corporation. (c) A proxy to vote shares of a foreign medical corporation shall not be given to a person who is not licensed to practice medicine. (d) A physician who is affiliated with a foreign medical corporation shall obtain a license to practice medicine from the board before practicing medicine in Arkansas. Added by Act 2013, No. 135,§ 2, eff. 2/20/2013.

(a) If a foreign medical corporation complies with this subchapter, the Arkansas State Medical Board may issue a certificate of registration to the foreign medical corporation.

(b) A person who is not licensed to practice medicine shall not participate in the ownership, management, or control of a foreign medical corporation.

(c) A proxy to vote shares of a foreign medical corporation shall not be given to a person who is not licensed to practice medicine.

(d) A physician who is affiliated with a foreign medical corporation shall obtain a license to practice medicine from the board before practicing medicine in Arkansas.

Added by Act 2013, No. 135,§ 2, eff. 2/20/2013.
Ark. Code Ann. § 4-31-204 — AR Code / Title 4 / Chapter 31 / Subchapter 2 / Section 4-31-204
Actions - Service of process - Venue
Status: in_force

(a) (1) Any bank, trust company, foreign mutual savings bank, pension fund, foreign mutual savings fund society, mutual banking association, foreign insurance company, or any other type of organization defined in this subchapter and investing funds in Arkansas may sue or be sued within this state in relation to such mortgages or deeds of trust on real properties, securities, or debts, and service of process may be performed by service upon any custodian or agent appointed within the state. (2) If no custodian or agent has been appointed, the bank, trust company, foreign mutual savings bank, pension fund, foreign mutual savings fund society, mutual banking association, foreign insurance company, or other type of organization may be served with process under § 4-20-113 . (b) The venue of an action under subsection (a) of this section is: (1) In the county of the residence of a plaintiff; or (2) If a subject of the action is land, in the county in which any part of the land is located. Acts 1989, No. 947, § 4; 2009, No. 814, § 3.

(a) (1) Any bank, trust company, foreign mutual savings bank, pension fund, foreign mutual savings fund society, mutual banking association, foreign insurance company, or any other type of organization defined in this subchapter and investing funds in Arkansas may sue or be sued within this state in relation to such mortgages or deeds of trust on real properties, securities, or debts, and service of process may be performed by service upon any custodian or agent appointed within the state. (2) If no custodian or agent has been appointed, the bank, trust company, foreign mutual savings bank, pension fund, foreign mutual savings fund society, mutual banking association, foreign insurance company, or other type of organization may be served with process under § 4-20-113 .

(1) Any bank, trust company, foreign mutual savings bank, pension fund, foreign mutual savings fund society, mutual banking association, foreign insurance company, or any other type of organization defined in this subchapter and investing funds in Arkansas may sue or be sued within this state in relation to such mortgages or deeds of trust on real properties, securities, or debts, and service of process may be performed by service upon any custodian or agent appointed within the state.

(2) If no custodian or agent has been appointed, the bank, trust company, foreign mutual savings bank, pension fund, foreign mutual savings fund society, mutual banking association, foreign insurance company, or other type of organization may be served with process under § 4-20-113 .

(b) The venue of an action under subsection (a) of this section is: (1) In the county of the residence of a plaintiff; or (2) If a subject of the action is land, in the county in which any part of the land is located.

(1) In the county of the residence of a plaintiff; or

(2) If a subject of the action is land, in the county in which any part of the land is located.

Acts 1989, No. 947, § 4; 2009, No. 814, § 3.
Ark. Code Ann. § 4-33-203 — AR Code / Title 4 / Chapter 33 / Subchapter 2 / Section 4-33-203
Incorporation
Status: in_force

(a) Unless a delayed effective date is specified, the corporate existence begins when the articles of incorporation are filed. (b) The Secretary of State's filing of the articles of incorporation is conclusive proof that the incorporation satisfied all conditions precedent to incorporation except in a proceeding by the state to cancel or revoke the incorporation or involuntarily dissolve the corporation. Acts 1993, No. 1147, § 203.

(a) Unless a delayed effective date is specified, the corporate existence begins when the articles of incorporation are filed.

(b) The Secretary of State's filing of the articles of incorporation is conclusive proof that the incorporation satisfied all conditions precedent to incorporation except in a proceeding by the state to cancel or revoke the incorporation or involuntarily dissolve the corporation.

Acts 1993, No. 1147, § 203.
Ark. Code Ann. § 4-38-301 — AR Code / Title 4 / Chapter 38 / Subchapter 3 / Section 4-38-301
No agency power of member as member
Status: in_force

(a) A member is not an agent of a limited liability company solely by reason of being a member. (b) A person's status as a member does not prevent or restrict law other than this chapter from imposing liability on a limited liability company because of the person's conduct. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

(a) A member is not an agent of a limited liability company solely by reason of being a member.

(b) A person's status as a member does not prevent or restrict law other than this chapter from imposing liability on a limited liability company because of the person's conduct.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-47-1110 — AR Code / Title 4 / Chapter 47 / Subchapter 11 / Section 4-47-1110
Restrictions on approval of conversions and mergers and on relinquishing limited liability limited partnership status
Status: in_force

(a) If a partner of a converting or constituent limited partnership will have personal liability with respect to a converted or surviving organization, approval and amendment of a plan of conversion or merger are ineffective without the consent of the partner, unless: (1) the limited partnership's partnership agreement provides for the approval of the conversion or merger with the consent of fewer than all the partners; and (2) the partner has consented to the provision of the partnership agreement. (b) An amendment to a certificate of limited partnership which deletes a statement that the limited partnership is a limited liability limited partnership is ineffective without the consent of each general partner unless: (1) the limited partnership's partnership agreement provides for the amendment with the consent of less than all the general partners; and (2) each general partner that does not consent to the amendment has consented to the provision of the partnership agreement. (c) A partner does not give the consent required by subsection (a) or (b) merely by consenting to a provision of the partnership agreement which permits the partnership agreement to be amended with the consent of fewer than all the partners. Acts 2007, No. 15, § 1.

(a) If a partner of a converting or constituent limited partnership will have personal liability with respect to a converted or surviving organization, approval and amendment of a plan of conversion or merger are ineffective without the consent of the partner, unless: (1) the limited partnership's partnership agreement provides for the approval of the conversion or merger with the consent of fewer than all the partners; and (2) the partner has consented to the provision of the partnership agreement.

(1) the limited partnership's partnership agreement provides for the approval of the conversion or merger with the consent of fewer than all the partners; and

(2) the partner has consented to the provision of the partnership agreement.

(b) An amendment to a certificate of limited partnership which deletes a statement that the limited partnership is a limited liability limited partnership is ineffective without the consent of each general partner unless: (1) the limited partnership's partnership agreement provides for the amendment with the consent of less than all the general partners; and (2) each general partner that does not consent to the amendment has consented to the provision of the partnership agreement.

(1) the limited partnership's partnership agreement provides for the amendment with the consent of less than all the general partners; and

(2) each general partner that does not consent to the amendment has consented to the provision of the partnership agreement.

(c) A partner does not give the consent required by subsection (a) or (b) merely by consenting to a provision of the partnership agreement which permits the partnership agreement to be amended with the consent of fewer than all the partners.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-31-404 — AR Code / Title 4 / Chapter 31 / Subchapter 4 / Section 4-31-404
Discontinuing trust business
Status: in_force

(a) Any foreign business trust that desires to withdraw from or discontinue doing trust business shall furnish to the Secretary of State satisfactory evidence of its release and discharge from all obligation undertaken by it and after the foreign business trust has furnished that evidence to the Secretary of State, the Secretary of State shall withdraw any authority to do a trust business previously issued to that foreign business trust, and thereafter the foreign business trust shall not be permitted to use and shall not undertake the administration of any trust business in the State of Arkansas. (b) No person may transact or conduct business within the state under any articles, declaration of trust, or trust agreement without first complying with the provisions and requirements of this subchapter, and no person organized to do business under any articles, declaration of trust, or trust agreement may offer to sell, barter, or exchange any unit, share, contact, notes, bond, mortgage, oil or mineral lease, or other securities, without first having to comply with the provisions and requirements of this subchapter. Acts 1999, No. 1366, § 4.

(a) Any foreign business trust that desires to withdraw from or discontinue doing trust business shall furnish to the Secretary of State satisfactory evidence of its release and discharge from all obligation undertaken by it and after the foreign business trust has furnished that evidence to the Secretary of State, the Secretary of State shall withdraw any authority to do a trust business previously issued to that foreign business trust, and thereafter the foreign business trust shall not be permitted to use and shall not undertake the administration of any trust business in the State of Arkansas.

(b) No person may transact or conduct business within the state under any articles, declaration of trust, or trust agreement without first complying with the provisions and requirements of this subchapter, and no person organized to do business under any articles, declaration of trust, or trust agreement may offer to sell, barter, or exchange any unit, share, contact, notes, bond, mortgage, oil or mineral lease, or other securities, without first having to comply with the provisions and requirements of this subchapter.

Acts 1999, No. 1366, § 4.
Ark. Code Ann. § 4-89-107 — AR Code / Title 4 / Chapter 89 / Section 4-89-107
Buyer's right to cancel offer or contract
Status: in_force

(a) In addition to any other right to revoke an offer, the buyer has the absolute right to cancel a home solicitation contract or offer until midnight of the third calendar day, excluding Sundays and holidays as declared in § 1-5-101 , after the day on which the buyer signs an agreement. (b) Cancellation occurs when the buyer returns to the seller the notice of cancellation, the notice having been provided for the buyer by the seller. To further protect the consumer, it is suggested that the notice of cancellation be sent by registered mail. Acts 1973, No. 462, § 3; A.S.A. 1947, § 70-916.

(a) In addition to any other right to revoke an offer, the buyer has the absolute right to cancel a home solicitation contract or offer until midnight of the third calendar day, excluding Sundays and holidays as declared in § 1-5-101 , after the day on which the buyer signs an agreement.

(b) Cancellation occurs when the buyer returns to the seller the notice of cancellation, the notice having been provided for the buyer by the seller. To further protect the consumer, it is suggested that the notice of cancellation be sent by registered mail.

Acts 1973, No. 462, § 3; A.S.A. 1947, § 70-916.
Ark. Code Ann. § 4-59-203 — AR Code / Title 4 / Chapter 59 / Subchapter 2 / Section 4-59-203
Value
Status: in_force

(a) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor's business to furnish support to the debtor or other person. (b) For the purposes of § 4-59-204(a)(2) and § 4-59-205 , a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement. (c) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous. Amended by Act 2017, No. 1086,§ 1, eff. 8/1/2017. Acts 1987, No. 967, § 3.

(a) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor's business to furnish support to the debtor or other person.

(b) For the purposes of § 4-59-204(a)(2) and § 4-59-205 , a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.

(c) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.

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

Acts 1987, No. 967, § 3.
Ark. Code Ann. § 4-26-605 — AR Code / Title 4 / Chapter 26 / Subchapter 6 / Section 4-26-605
Payment for shares
Status: in_force

(a) (1) The consideration paid for the issuance of shares shall consist of money paid, labor done, or property actually received. (2) Shares may not be issued until the full amount of the consideration, fixed as provided by law, has been paid. (3) When payment of the consideration for which the shares are to be issued shall have been received by the corporation, the shares shall be deemed to be fully paid and nonassessable. (b) Neither promissory notes nor the promise of future services shall constitute payment or part payment for shares of a corporation. (c) In the absence of fraud in the transaction, the judgment of the board of directors or the shareholders, as the case may be, as to the value of the consideration received for shares shall be conclusive. Acts 1965, No. 576, § 20; A.S.A. 1947, § 64-205.

(a) (1) The consideration paid for the issuance of shares shall consist of money paid, labor done, or property actually received. (2) Shares may not be issued until the full amount of the consideration, fixed as provided by law, has been paid. (3) When payment of the consideration for which the shares are to be issued shall have been received by the corporation, the shares shall be deemed to be fully paid and nonassessable.

(1) The consideration paid for the issuance of shares shall consist of money paid, labor done, or property actually received.

(2) Shares may not be issued until the full amount of the consideration, fixed as provided by law, has been paid.

(3) When payment of the consideration for which the shares are to be issued shall have been received by the corporation, the shares shall be deemed to be fully paid and nonassessable.

(b) Neither promissory notes nor the promise of future services shall constitute payment or part payment for shares of a corporation.

(c) In the absence of fraud in the transaction, the judgment of the board of directors or the shareholders, as the case may be, as to the value of the consideration received for shares shall be conclusive.

Acts 1965, No. 576, § 20; A.S.A. 1947, § 64-205.