Ark. Code Ann. § 4-71-213 — AR Code / Title 4 / Chapter 71 / Subchapter 2 / Section 4-71-213
Injury to business reputation - Dilution
Status: in_force

(a) (1) The owner of a mark which is famous in this state shall be entitled, subject to the principles of equity and upon such terms as the court deems reasonable, to an injunction against another person's commercial use of a mark or trade name if such use begins after the mark has become famous and causes dilution of the distinctive quality of the mark, and to obtain such other relief as is provided in this section. (2) In determining whether a mark is distinctive and famous, a court may consider factors such as, but not limited to: (A) The degree of inherent or acquired distinctiveness of the mark in this state; (B) The duration and extent of use of the mark in connection with the goods and services with which the mark is used; (C) The duration and extent of advertising and publicity of the mark in this state; (D) The geographical extent of the trading area in which the mark is used; (E) The channels of trade for the goods or services with which the mark is used; (F) The degree of recognition of the mark in the trading areas and channels of trade in this state used by the mark's owner and the person against whom the injunction is sought; (G) The nature and extent of use of the same or similar mark by third parties; and (H) Whether the mark is the subject of a state registration in this state, or a federal registration under the act of March 3, 1881, or under the act of February 20, 1905, or on the principal register. (b) (1) In an action brought under this section, the owner of a famous mark shall be entitled only to injunctive relief in this state, unless the person against whom the injunctive relief is sought willfully intended to trade on the owner's reputation or to cause dilution of the famous mark. (2) If such willful intent is proven, the owner shall also be entitled to the remedies set forth in this subchapter, subject to the discretion of the court and the principles of equity. (c) The following shall not be actionable under this section: (1) Fair use of a famous mark by another person in comparative commercial advertising or promotion to identify the competing goods or services of the owner of the famous mark; (2) Noncommercial use of the mark; and (3) All forms of news reporting and news commentary. Acts 1997, No. 1109, § 13.

(a) (1) The owner of a mark which is famous in this state shall be entitled, subject to the principles of equity and upon such terms as the court deems reasonable, to an injunction against another person's commercial use of a mark or trade name if such use begins after the mark has become famous and causes dilution of the distinctive quality of the mark, and to obtain such other relief as is provided in this section. (2) In determining whether a mark is distinctive and famous, a court may consider factors such as, but not limited to: (A) The degree of inherent or acquired distinctiveness of the mark in this state; (B) The duration and extent of use of the mark in connection with the goods and services with which the mark is used; (C) The duration and extent of advertising and publicity of the mark in this state; (D) The geographical extent of the trading area in which the mark is used; (E) The channels of trade for the goods or services with which the mark is used; (F) The degree of recognition of the mark in the trading areas and channels of trade in this state used by the mark's owner and the person against whom the injunction is sought; (G) The nature and extent of use of the same or similar mark by third parties; and (H) Whether the mark is the subject of a state registration in this state, or a federal registration under the act of March 3, 1881, or under the act of February 20, 1905, or on the principal register.

(1) The owner of a mark which is famous in this state shall be entitled, subject to the principles of equity and upon such terms as the court deems reasonable, to an injunction against another person's commercial use of a mark or trade name if such use begins after the mark has become famous and causes dilution of the distinctive quality of the mark, and to obtain such other relief as is provided in this section.

(2) In determining whether a mark is distinctive and famous, a court may consider factors such as, but not limited to: (A) The degree of inherent or acquired distinctiveness of the mark in this state; (B) The duration and extent of use of the mark in connection with the goods and services with which the mark is used; (C) The duration and extent of advertising and publicity of the mark in this state; (D) The geographical extent of the trading area in which the mark is used; (E) The channels of trade for the goods or services with which the mark is used; (F) The degree of recognition of the mark in the trading areas and channels of trade in this state used by the mark's owner and the person against whom the injunction is sought; (G) The nature and extent of use of the same or similar mark by third parties; and (H) Whether the mark is the subject of a state registration in this state, or a federal registration under the act of March 3, 1881, or under the act of February 20, 1905, or on the principal register.

(A) The degree of inherent or acquired distinctiveness of the mark in this state;

(B) The duration and extent of use of the mark in connection with the goods and services with which the mark is used;

(C) The duration and extent of advertising and publicity of the mark in this state;

(D) The geographical extent of the trading area in which the mark is used;

(E) The channels of trade for the goods or services with which the mark is used;

(F) The degree of recognition of the mark in the trading areas and channels of trade in this state used by the mark's owner and the person against whom the injunction is sought;

(G) The nature and extent of use of the same or similar mark by third parties; and

(H) Whether the mark is the subject of a state registration in this state, or a federal registration under the act of March 3, 1881, or under the act of February 20, 1905, or on the principal register.

(b) (1) In an action brought under this section, the owner of a famous mark shall be entitled only to injunctive relief in this state, unless the person against whom the injunctive relief is sought willfully intended to trade on the owner's reputation or to cause dilution of the famous mark. (2) If such willful intent is proven, the owner shall also be entitled to the remedies set forth in this subchapter, subject to the discretion of the court and the principles of equity.

(1) In an action brought under this section, the owner of a famous mark shall be entitled only to injunctive relief in this state, unless the person against whom the injunctive relief is sought willfully intended to trade on the owner's reputation or to cause dilution of the famous mark.

(2) If such willful intent is proven, the owner shall also be entitled to the remedies set forth in this subchapter, subject to the discretion of the court and the principles of equity.

(c) The following shall not be actionable under this section: (1) Fair use of a famous mark by another person in comparative commercial advertising or promotion to identify the competing goods or services of the owner of the famous mark; (2) Noncommercial use of the mark; and (3) All forms of news reporting and news commentary.

(1) Fair use of a famous mark by another person in comparative commercial advertising or promotion to identify the competing goods or services of the owner of the famous mark;

(2) Noncommercial use of the mark; and

(3) All forms of news reporting and news commentary.

Acts 1997, No. 1109, § 13.
Ark. Code Ann. § 4-109-105 — AR Code / Title 4 / Chapter 109 / Section 4-109-105
Enforcement
Status: in_force

A violation of this chapter is an unconscionable or deceptive act or practice, as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq. Acts 2005, No. 66, § 1.

A violation of this chapter is an unconscionable or deceptive act or practice, as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq.

Acts 2005, No. 66, § 1.
Ark. Code Ann. § 4-38-602 — AR Code / Title 4 / Chapter 38 / Subchapter 6 / Section 4-38-602
Events causing dissociation
Status: in_force

A person is dissociated as a member when: (1) the limited liability company knows or has notice of the person's express will to withdraw as a member, but, if the person has specified a withdrawal date later than the date the company knew or had notice, on that later date; (2) an event stated in the operating agreement as causing the person's dissociation occurs; (3) the person's entire interest is transferred in a foreclosure sale under § 4-38-503(f) [repealed]; (4) the person is expelled as a member pursuant to the operating agreement; (5) the person is expelled as a member by the affirmative vote or consent of all the other members if: (A) it is unlawful to carry on the limited liability company's activities and affairs with the person as a member; (B) there has been a transfer of all the person's transferable interest in the company, other than: (i) a transfer for security purposes; or (ii) a charging order in effect under § 4-38-503 which has not been foreclosed; (C) the person is an entity and: (i) the company notifies the person that it will be expelled as a member because the person has filed a statement of dissolution or the equivalent, the person has been administratively dissolved, the person's charter or the equivalent has been revoked, or the person's right to conduct business has been suspended by the person's jurisdiction of formation; and (ii) not later than 90 days after the notification, the statement of dissolution or the equivalent has not been withdrawn, rescinded, or revoked, the person has not been reinstated, or the person's charter or the equivalent or right to conduct business has not been reinstated; or (D) the person is an unincorporated entity that has been dissolved and whose activities and affairs are being wound up; (6) on application by the limited liability company or a member in a direct action under § 4-38-801 , the person is expelled as a member by judicial order because the person: (A) has engaged or is engaging in wrongful conduct that has affected adversely and materially, or will affect adversely and materially, the company's activities and affairs; (B) has committed willfully or persistently, or is committing willfully or persistently, a material breach of the operating agreement or a duty or obligation under § 4-38-409 ; or (C) has engaged or is engaging in conduct relating to the company's activities and affairs which makes it not reasonably practicable to carry on the activities and affairs with the person as a member; (7) in the case of an individual: (A) the individual dies; or (B) in a member-managed limited liability company: (i) a guardian or general conservator for the individual is appointed; or (ii) a court orders that the individual has otherwise become incapable of performing the individual's duties as a member under this chapter or the operating agreement; (8) in a member-managed limited liability company, the person: (A) becomes a debtor in bankruptcy; (B) signs an assignment for the benefit of creditors; or (C) seeks, consents to, or acquiesces in the appointment of a trustee, receiver, or liquidator of the person or of all or substantially all the person's property; (9) in the case of a person that is a testamentary or inter vivos trust or is acting as a member by virtue of being a trustee of such a trust, the trust's entire transferable interest in the limited liability company is distributed; (10) in the case of a person that is an estate or is acting as a member by virtue of being a personal representative of an estate, the estate's entire transferable interest in the limited liability company is distributed; (11) in the case of a person that is not an individual, the existence of the person terminates; (12) the limited liability company participates in a merger under § 4-38-1001 et seq. and: (A) the company is not the surviving entity; or (B) otherwise as a result of the merger, the person ceases to be a member; (13) the limited liability company participates in an interest exchange under § 4-38-1001 et seq. and, as a result of the interest exchange, the person ceases to be a member; (14) the limited liability company participates in a conversion under § 4-38-1001 et seq.; (15) the limited liability company participates in a domestication under § 4-38-1001 et seq. and, as a result of the domestication, the person ceases to be a member; or (16) the limited liability company dissolves and completes winding up. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

A person is dissociated as a member when:

(1) the limited liability company knows or has notice of the person's express will to withdraw as a member, but, if the person has specified a withdrawal date later than the date the company knew or had notice, on that later date;

(2) an event stated in the operating agreement as causing the person's dissociation occurs;

(3) the person's entire interest is transferred in a foreclosure sale under § 4-38-503(f) [repealed];

(4) the person is expelled as a member pursuant to the operating agreement;

(5) the person is expelled as a member by the affirmative vote or consent of all the other members if: (A) it is unlawful to carry on the limited liability company's activities and affairs with the person as a member; (B) there has been a transfer of all the person's transferable interest in the company, other than: (i) a transfer for security purposes; or (ii) a charging order in effect under § 4-38-503 which has not been foreclosed; (C) the person is an entity and: (i) the company notifies the person that it will be expelled as a member because the person has filed a statement of dissolution or the equivalent, the person has been administratively dissolved, the person's charter or the equivalent has been revoked, or the person's right to conduct business has been suspended by the person's jurisdiction of formation; and (ii) not later than 90 days after the notification, the statement of dissolution or the equivalent has not been withdrawn, rescinded, or revoked, the person has not been reinstated, or the person's charter or the equivalent or right to conduct business has not been reinstated; or (D) the person is an unincorporated entity that has been dissolved and whose activities and affairs are being wound up;

(A) it is unlawful to carry on the limited liability company's activities and affairs with the person as a member;

(B) there has been a transfer of all the person's transferable interest in the company, other than: (i) a transfer for security purposes; or (ii) a charging order in effect under § 4-38-503 which has not been foreclosed;

(i) a transfer for security purposes; or

(ii) a charging order in effect under § 4-38-503 which has not been foreclosed;

(C) the person is an entity and: (i) the company notifies the person that it will be expelled as a member because the person has filed a statement of dissolution or the equivalent, the person has been administratively dissolved, the person's charter or the equivalent has been revoked, or the person's right to conduct business has been suspended by the person's jurisdiction of formation; and (ii) not later than 90 days after the notification, the statement of dissolution or the equivalent has not been withdrawn, rescinded, or revoked, the person has not been reinstated, or the person's charter or the equivalent or right to conduct business has not been reinstated; or

(i) the company notifies the person that it will be expelled as a member because the person has filed a statement of dissolution or the equivalent, the person has been administratively dissolved, the person's charter or the equivalent has been revoked, or the person's right to conduct business has been suspended by the person's jurisdiction of formation; and

(ii) not later than 90 days after the notification, the statement of dissolution or the equivalent has not been withdrawn, rescinded, or revoked, the person has not been reinstated, or the person's charter or the equivalent or right to conduct business has not been reinstated; or

(D) the person is an unincorporated entity that has been dissolved and whose activities and affairs are being wound up;

(6) on application by the limited liability company or a member in a direct action under § 4-38-801 , the person is expelled as a member by judicial order because the person: (A) has engaged or is engaging in wrongful conduct that has affected adversely and materially, or will affect adversely and materially, the company's activities and affairs; (B) has committed willfully or persistently, or is committing willfully or persistently, a material breach of the operating agreement or a duty or obligation under § 4-38-409 ; or (C) has engaged or is engaging in conduct relating to the company's activities and affairs which makes it not reasonably practicable to carry on the activities and affairs with the person as a member;

(A) has engaged or is engaging in wrongful conduct that has affected adversely and materially, or will affect adversely and materially, the company's activities and affairs;

(B) has committed willfully or persistently, or is committing willfully or persistently, a material breach of the operating agreement or a duty or obligation under § 4-38-409 ; or

(C) has engaged or is engaging in conduct relating to the company's activities and affairs which makes it not reasonably practicable to carry on the activities and affairs with the person as a member;

(7) in the case of an individual: (A) the individual dies; or (B) in a member-managed limited liability company: (i) a guardian or general conservator for the individual is appointed; or (ii) a court orders that the individual has otherwise become incapable of performing the individual's duties as a member under this chapter or the operating agreement;

(A) the individual dies; or

(B) in a member-managed limited liability company: (i) a guardian or general conservator for the individual is appointed; or (ii) a court orders that the individual has otherwise become incapable of performing the individual's duties as a member under this chapter or the operating agreement;

(i) a guardian or general conservator for the individual is appointed; or

(ii) a court orders that the individual has otherwise become incapable of performing the individual's duties as a member under this chapter or the operating agreement;

(8) in a member-managed limited liability company, the person: (A) becomes a debtor in bankruptcy; (B) signs an assignment for the benefit of creditors; or (C) seeks, consents to, or acquiesces in the appointment of a trustee, receiver, or liquidator of the person or of all or substantially all the person's property;

(A) becomes a debtor in bankruptcy;

(B) signs an assignment for the benefit of creditors; or

(C) seeks, consents to, or acquiesces in the appointment of a trustee, receiver, or liquidator of the person or of all or substantially all the person's property;

(9) in the case of a person that is a testamentary or inter vivos trust or is acting as a member by virtue of being a trustee of such a trust, the trust's entire transferable interest in the limited liability company is distributed;

(10) in the case of a person that is an estate or is acting as a member by virtue of being a personal representative of an estate, the estate's entire transferable interest in the limited liability company is distributed;

(11) in the case of a person that is not an individual, the existence of the person terminates;

(12) the limited liability company participates in a merger under § 4-38-1001 et seq. and: (A) the company is not the surviving entity; or (B) otherwise as a result of the merger, the person ceases to be a member;

(A) the company is not the surviving entity; or

(B) otherwise as a result of the merger, the person ceases to be a member;

(13) the limited liability company participates in an interest exchange under § 4-38-1001 et seq. and, as a result of the interest exchange, the person ceases to be a member;

(14) the limited liability company participates in a conversion under § 4-38-1001 et seq.;

(15) the limited liability company participates in a domestication under § 4-38-1001 et seq. and, as a result of the domestication, the person ceases to be a member; or

(16) the limited liability company dissolves and completes winding up.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-47-906 — AR Code / Title 4 / Chapter 47 / Subchapter 9 / Section 4-47-906
Revocation of certificate of authority
Status: in_force

(a) A certificate of authority of a foreign limited partnership to transact business in this State may be revoked by the Secretary of State in the manner provided in subsections (b) and (c) if the foreign limited partnership does not: (1) pay, within 60 days after the due date, any fee, tax or penalty due to the Secretary of State under this chapter or other law; (2) deliver, within 60 days after the due date, its annual report required under § 4-47-210 ; (3) appoint and maintain an agent for service of process under the Model Registered Agents Act, § 4-20-101 et seq.; or (4) deliver for filing a statement of a change under § 4-20-108 within 30 days after a change has occurred in the name or address of the agent. (b) In order to revoke a certificate of authority, the Secretary of State must prepare, sign, and file a notice of revocation and send a copy to the foreign limited partnership's agent for service of process in this State, or if the foreign limited partnership does not appoint and maintain a proper agent in this State, to the foreign limited partnership's principal office. The notice must state: (1) the revocation's effective date, which must be at least 60 days after the date the Secretary of State sends the copy; and (2) the foreign limited partnership's failures to comply with subsection (a) which are the reason for the revocation. (c) The authority of the foreign limited partnership to transact business in this State ceases on the effective date of the notice of revocation unless before that date the foreign limited partnership cures each failure to comply with subsection (a) stated in the notice. If the foreign limited partnership cures the failures, the Secretary of State shall so indicate on the filed notice. Acts 2007, No. 15, § 1; 2007, No. 638, § 64; 2009, No. 814, § 15.

(a) A certificate of authority of a foreign limited partnership to transact business in this State may be revoked by the Secretary of State in the manner provided in subsections (b) and (c) if the foreign limited partnership does not: (1) pay, within 60 days after the due date, any fee, tax or penalty due to the Secretary of State under this chapter or other law; (2) deliver, within 60 days after the due date, its annual report required under § 4-47-210 ; (3) appoint and maintain an agent for service of process under the Model Registered Agents Act, § 4-20-101 et seq.; or (4) deliver for filing a statement of a change under § 4-20-108 within 30 days after a change has occurred in the name or address of the agent.

(1) pay, within 60 days after the due date, any fee, tax or penalty due to the Secretary of State under this chapter or other law;

(2) deliver, within 60 days after the due date, its annual report required under § 4-47-210 ;

(3) appoint and maintain an agent for service of process under the Model Registered Agents Act, § 4-20-101 et seq.; or

(4) deliver for filing a statement of a change under § 4-20-108 within 30 days after a change has occurred in the name or address of the agent.

(b) In order to revoke a certificate of authority, the Secretary of State must prepare, sign, and file a notice of revocation and send a copy to the foreign limited partnership's agent for service of process in this State, or if the foreign limited partnership does not appoint and maintain a proper agent in this State, to the foreign limited partnership's principal office. The notice must state: (1) the revocation's effective date, which must be at least 60 days after the date the Secretary of State sends the copy; and (2) the foreign limited partnership's failures to comply with subsection (a) which are the reason for the revocation.

(1) the revocation's effective date, which must be at least 60 days after the date the Secretary of State sends the copy; and

(2) the foreign limited partnership's failures to comply with subsection (a) which are the reason for the revocation.

(c) The authority of the foreign limited partnership to transact business in this State ceases on the effective date of the notice of revocation unless before that date the foreign limited partnership cures each failure to comply with subsection (a) stated in the notice. If the foreign limited partnership cures the failures, the Secretary of State shall so indicate on the filed notice.

Acts 2007, No. 15, § 1; 2007, No. 638, § 64; 2009, No. 814, § 15.
Ark. Code Ann. § 4-35-210 — AR Code / Title 4 / Chapter 35 / Subchapter 2 / Section 4-35-210
Powers generally
Status: in_force

A water authority shall have the following powers, together with all powers incidental thereto or necessary to the discharge thereof: (1) To have succession in its designated name; (2) To sue and be sued and to prosecute and defend suits in any court having jurisdiction of the subject matter and of the parties; (3) To make use of a seal and to alter it at pleasure; (4) To adopt and alter bylaws for the regulation and conduct of its affairs and business; (5) To acquire, whether by purchase, gift, lease, devise, or otherwise, property of every description that a board of directors may deem necessary to the acquisition, construction, equipment, improvement, enlargement, operation, administration, or maintenance of a project and to hold title thereto; (6) To construct, enlarge, equip, improve, maintain, administer, and operate one (1) or more projects; (7) To borrow money for any of its purposes; (8) To sell and issue its interest-bearing bonds; (9) To sell and issue refunding bonds; (10) To secure any of its bonds by pledge and indenture as provided in this subchapter; (11) To appoint, employ, and compensate such general managers, executive directors, agents, architects, engineers, attorneys, accountants, and other persons and employees as the business of the water authority may require; (12) To provide for such insurance as the board may deem advisable; (13) To invest any of its funds that the board may determine are not presently needed for its operational purposes in obligations that are direct or guaranteed obligations of the United States or other securities in which public funds may be invested under the laws of this state; (14) To invest the proceeds of bonds or any debt service reserves or sinking funds securing the payment of the bonds in any obligations, securities, repurchase agreements, or investment agreements authorized or permitted by the resolution of the water authority authorizing the same or the indenture securing the same; (15) To contract, lease, and make lease agreements respecting its properties or any part thereof as lessor or lessee, including financing lease agreements; (16) To exercise the power of eminent domain in accordance with the procedures prescribed by § 18-15-301 et seq.; (17) To sell and convey, mortgage, pledge, or otherwise dispose of any of its: (A) Properties; (B) Assets; (C) Franchises; (D) Rights; (E) Privileges; (F) Licenses; (G) Rights-of-way; and (H) Easements; (18) To own and operate facilities necessary to provide potable water and associated services and to provide wastewater collection, disposal, and treatment to Arkansas residents; (19) To fix, regulate, and collect rates, fees, and rents or other charges for water and wastewater collection, disposal, and treatment and any other facilities, supplies, equipment, or services furnished by the water authority; (20) To do and perform all acts and things and have and exercise any power as may be convenient or appropriate to effectuate the purposes for which the water authority is formed; (21) To purchase, receive, or in any manner acquire, own, hold, and use any real and personal property or any interest on the property on the terms as determined by the board of the water authority to be in the best interest of the water authority; and (22) To enter into water contracts for the purchase or sale of water on a wholesale basis on the terms and conditions the board determines are in the best interest of the water authority. Acts 2003, No. 1330, § 3; 2005, No. 1653, § 3.

A water authority shall have the following powers, together with all powers incidental thereto or necessary to the discharge thereof:

(1) To have succession in its designated name;

(2) To sue and be sued and to prosecute and defend suits in any court having jurisdiction of the subject matter and of the parties;

(3) To make use of a seal and to alter it at pleasure;

(4) To adopt and alter bylaws for the regulation and conduct of its affairs and business;

(5) To acquire, whether by purchase, gift, lease, devise, or otherwise, property of every description that a board of directors may deem necessary to the acquisition, construction, equipment, improvement, enlargement, operation, administration, or maintenance of a project and to hold title thereto;

(6) To construct, enlarge, equip, improve, maintain, administer, and operate one (1) or more projects;

(7) To borrow money for any of its purposes;

(8) To sell and issue its interest-bearing bonds;

(9) To sell and issue refunding bonds;

(10) To secure any of its bonds by pledge and indenture as provided in this subchapter;

(11) To appoint, employ, and compensate such general managers, executive directors, agents, architects, engineers, attorneys, accountants, and other persons and employees as the business of the water authority may require;

(12) To provide for such insurance as the board may deem advisable;

(13) To invest any of its funds that the board may determine are not presently needed for its operational purposes in obligations that are direct or guaranteed obligations of the United States or other securities in which public funds may be invested under the laws of this state;

(14) To invest the proceeds of bonds or any debt service reserves or sinking funds securing the payment of the bonds in any obligations, securities, repurchase agreements, or investment agreements authorized or permitted by the resolution of the water authority authorizing the same or the indenture securing the same;

(15) To contract, lease, and make lease agreements respecting its properties or any part thereof as lessor or lessee, including financing lease agreements;

(16) To exercise the power of eminent domain in accordance with the procedures prescribed by § 18-15-301 et seq.;

(17) To sell and convey, mortgage, pledge, or otherwise dispose of any of its: (A) Properties; (B) Assets; (C) Franchises; (D) Rights; (E) Privileges; (F) Licenses; (G) Rights-of-way; and (H) Easements;

(A) Properties;

(B) Assets;

(C) Franchises;

(D) Rights;

(E) Privileges;

(F) Licenses;

(G) Rights-of-way; and

(H) Easements;

(18) To own and operate facilities necessary to provide potable water and associated services and to provide wastewater collection, disposal, and treatment to Arkansas residents;

(19) To fix, regulate, and collect rates, fees, and rents or other charges for water and wastewater collection, disposal, and treatment and any other facilities, supplies, equipment, or services furnished by the water authority;

(20) To do and perform all acts and things and have and exercise any power as may be convenient or appropriate to effectuate the purposes for which the water authority is formed;

(21) To purchase, receive, or in any manner acquire, own, hold, and use any real and personal property or any interest on the property on the terms as determined by the board of the water authority to be in the best interest of the water authority; and

(22) To enter into water contracts for the purchase or sale of water on a wholesale basis on the terms and conditions the board determines are in the best interest of the water authority.

Acts 2003, No. 1330, § 3; 2005, No. 1653, § 3.
Ark. Code Ann. § 4-75-317 — AR Code / Title 4 / Chapter 75 / Subchapter 3 / Section 4-75-317
Awards to the Attorney General - Use of moneys
Status: in_force

(a) There shall be established within the office of the Attorney General an Antitrust Enforcement Account into which all costs and fees recovered by the Attorney General under the terms of this subchapter or the federal antitrust laws shall be remitted. (b) The costs and fees deposited into the account of the Attorney General's office shall be used for the furtherance of the Attorney General's duties and activities under this subchapter. Acts 2003, No. 1172, § 2.

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

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

Acts 2003, No. 1172, § 2.
Ark. Code Ann. § 4-88-210 — AR Code / Title 4 / Chapter 88 / Subchapter 2 / Section 4-88-210
Report by financial services provider to local and state law enforcement of suspicious activity
Status: in_force

(a) A financial services provider that voluntarily or mandatorily reports via a suspicious activity report, pursuant to 31 U.S.C. § 5318(g) , as it existed on January 1, 2021, any violation of law or rule constituting a violation of this chapter, may also report the information contained in the suspicious activity report to local or state law enforcement agencies, including the Attorney General. (b) A financial services provider is immune from any civil or criminal liability that might otherwise result from complying with this section. Added by Act 2021, No. 1015,§ 6, eff. 7/28/2021.

(a) A financial services provider that voluntarily or mandatorily reports via a suspicious activity report, pursuant to 31 U.S.C. § 5318(g) , as it existed on January 1, 2021, any violation of law or rule constituting a violation of this chapter, may also report the information contained in the suspicious activity report to local or state law enforcement agencies, including the Attorney General.

(b) A financial services provider is immune from any civil or criminal liability that might otherwise result from complying with this section.

Added by Act 2021, No. 1015,§ 6, eff. 7/28/2021.
Ark. Code Ann. § 4-29-207 — AR Code / Title 4 / Chapter 29 / Subchapter 2 / Section 4-29-207
Corporate name
Status: in_force

(a) The corporate name shall contain either: (1) The names of one (1) or more of the shareholders; (2) The names of one (1) or more deceased former shareholders or deceased members of a predecessor organization; or (3) Any combination of the names specified in subdivisions (a)(1) and (2) of this section. (b) The name of a person who is not employed by the corporation shall not be included in the corporate name, except that the name of a deceased former shareholder or deceased member of a predecessor organization may continue to be included in the corporate name. (c) The corporate name shall end with the word "Chartered", or "Limited", or the abbreviation "Ltd.", or the words "Professional Association", or the abbreviation "P.A.". Acts 1963, No. 155, § 4; 1973, No. 76, § 1; A.S.A. 1947, § 64-2004.

(a) The corporate name shall contain either: (1) The names of one (1) or more of the shareholders; (2) The names of one (1) or more deceased former shareholders or deceased members of a predecessor organization; or (3) Any combination of the names specified in subdivisions (a)(1) and (2) of this section.

(1) The names of one (1) or more of the shareholders;

(2) The names of one (1) or more deceased former shareholders or deceased members of a predecessor organization; or

(3) Any combination of the names specified in subdivisions (a)(1) and (2) of this section.

(b) The name of a person who is not employed by the corporation shall not be included in the corporate name, except that the name of a deceased former shareholder or deceased member of a predecessor organization may continue to be included in the corporate name.

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

Acts 1963, No. 155, § 4; 1973, No. 76, § 1; A.S.A. 1947, § 64-2004.
Ark. Code Ann. § 4-88-905 — AR Code / Title 4 / Chapter 88 / Subchapter 9 / Section 4-88-905
Violations
Status: in_force

(a) A violation of this subchapter by a residential contractor is an unfair and deceptive act or practice as defined by this chapter. (b) This subchapter does not prohibit an insured that is harmed by a deceptive trade practice from commencing a civil action against a residential contractor. Added by Act 2013, No. 1360,§ 1, eff. 8/16/2013.

(a) A violation of this subchapter by a residential contractor is an unfair and deceptive act or practice as defined by this chapter.

(b) This subchapter does not prohibit an insured that is harmed by a deceptive trade practice from commencing a civil action against a residential contractor.

Added by Act 2013, No. 1360,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 4-28-203 — AR Code / Title 4 / Chapter 28 / Subchapter 2 / Section 4-28-203
Applicability of subchapter
Status: in_force

(a) The provisions of §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 relating to domestic corporations shall apply to: (1) All corporations organized hereunder; and (2) All not-for-profit corporations heretofore organized under any act hereby repealed, for the purposes for which a corporation might be organized under §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 . (b) The provisions of §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 relating to foreign corporations shall apply to all foreign not-for-profit corporations conducting affairs in this state for purposes for which a corporation might be organized under §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 . However, §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 shall not apply to any corporation whose membership is composed of corporations which file annual statements with a department or agency of this or some other state. Acts 1963, No. 176, § 3; A.S.A. 1947, § 64-1903.

(a) The provisions of §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 relating to domestic corporations shall apply to: (1) All corporations organized hereunder; and (2) All not-for-profit corporations heretofore organized under any act hereby repealed, for the purposes for which a corporation might be organized under §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 .

(1) All corporations organized hereunder; and

(2) All not-for-profit corporations heretofore organized under any act hereby repealed, for the purposes for which a corporation might be organized under §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 .

(b) The provisions of §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 relating to foreign corporations shall apply to all foreign not-for-profit corporations conducting affairs in this state for purposes for which a corporation might be organized under §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 . However, §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 shall not apply to any corporation whose membership is composed of corporations which file annual statements with a department or agency of this or some other state.

Acts 1963, No. 176, § 3; A.S.A. 1947, § 64-1903.
Ark. Code Ann. § 4-46-1201 — AR Code / Title 4 / Chapter 46 / Subchapter 12 / Section 4-46-1201
Uniformity of application and construction
Status: in_force

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. Acts 1999, No. 1518, § 1201.

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.

Acts 1999, No. 1518, § 1201.
Ark. Code Ann. § 4-60-103 — AR Code / Title 4 / Chapter 60 / Section 4-60-103
Liability for restitution
Status: in_force

(a) A person who issues a check that is not paid because the check was written on an account with insufficient funds has fifteen (15) days following the date of a written demand mailed or delivered to the drawer of the check at the address shown on the check or his or her last known address to pay to the holder of the check or his or her agent the amount of the check and a collection fee not to exceed thirty dollars ($30.00), plus the amount of any fees charged to the holder of the check by a financial institution as a result of the check's not being honored. (b) (1) A person who fails to make restitution as set forth in subsection (a) of this section and who fails to pay the amount of the check and a collection fee not to exceed thirty dollars ($30.00), plus the amount of any fees charged to the holder of the check by a financial institution as a result of the check's not being honored, within thirty (30) days following the date of a written demand mailed to the drawer by certified mail, return receipt requested, to the address shown on the check or his or her last known address is liable to the holder of the check or his or her agent for: (A) Twice the amount of the check, but in no case less than fifty dollars ($50.00); and (B) A collection fee not to exceed thirty dollars ($30.00), plus the amount of any fees charged to the holder of the check by any financial institution as a result of the check's not being honored. (2) The prevailing party may recover court costs and reasonable attorney's fees after suit has been filed. (c) (1) This section does not prevent the criminal prosecution of the person who issues the check. (2) However, any payment made by the defendant to a victim under an order for restitution entered in a criminal prosecution shall be set off against any judgment in favor of the victim in a civil action brought under this section arising out of the same facts or event. Acts 1987, No. 66, § 2; 1995, No. 335, § 1; 1995, No. 1004, § 1; 2001, No. 996, § 1; 2011, No. 1012, § 1.

(a) A person who issues a check that is not paid because the check was written on an account with insufficient funds has fifteen (15) days following the date of a written demand mailed or delivered to the drawer of the check at the address shown on the check or his or her last known address to pay to the holder of the check or his or her agent the amount of the check and a collection fee not to exceed thirty dollars ($30.00), plus the amount of any fees charged to the holder of the check by a financial institution as a result of the check's not being honored.

(b) (1) A person who fails to make restitution as set forth in subsection (a) of this section and who fails to pay the amount of the check and a collection fee not to exceed thirty dollars ($30.00), plus the amount of any fees charged to the holder of the check by a financial institution as a result of the check's not being honored, within thirty (30) days following the date of a written demand mailed to the drawer by certified mail, return receipt requested, to the address shown on the check or his or her last known address is liable to the holder of the check or his or her agent for: (A) Twice the amount of the check, but in no case less than fifty dollars ($50.00); and (B) A collection fee not to exceed thirty dollars ($30.00), plus the amount of any fees charged to the holder of the check by any financial institution as a result of the check's not being honored. (2) The prevailing party may recover court costs and reasonable attorney's fees after suit has been filed.

(1) A person who fails to make restitution as set forth in subsection (a) of this section and who fails to pay the amount of the check and a collection fee not to exceed thirty dollars ($30.00), plus the amount of any fees charged to the holder of the check by a financial institution as a result of the check's not being honored, within thirty (30) days following the date of a written demand mailed to the drawer by certified mail, return receipt requested, to the address shown on the check or his or her last known address is liable to the holder of the check or his or her agent for: (A) Twice the amount of the check, but in no case less than fifty dollars ($50.00); and (B) A collection fee not to exceed thirty dollars ($30.00), plus the amount of any fees charged to the holder of the check by any financial institution as a result of the check's not being honored.

(A) Twice the amount of the check, but in no case less than fifty dollars ($50.00); and

(B) A collection fee not to exceed thirty dollars ($30.00), plus the amount of any fees charged to the holder of the check by any financial institution as a result of the check's not being honored.

(2) The prevailing party may recover court costs and reasonable attorney's fees after suit has been filed.

(c) (1) This section does not prevent the criminal prosecution of the person who issues the check. (2) However, any payment made by the defendant to a victim under an order for restitution entered in a criminal prosecution shall be set off against any judgment in favor of the victim in a civil action brought under this section arising out of the same facts or event.

(1) This section does not prevent the criminal prosecution of the person who issues the check.

(2) However, any payment made by the defendant to a victim under an order for restitution entered in a criminal prosecution shall be set off against any judgment in favor of the victim in a civil action brought under this section arising out of the same facts or event.

Acts 1987, No. 66, § 2; 1995, No. 335, § 1; 1995, No. 1004, § 1; 2001, No. 996, § 1; 2011, No. 1012, § 1.
Ark. Code Ann. § 4-96-201 — AR Code / Title 4 / Chapter 96 / Subchapter 2 / Section 4-96-201
Alteration prohibited
Status: in_force

(a) No person shall knowingly tamper with, adjust, alter, change, set back, disconnect, or, with intent to defraud, fail to connect the hour meter of any farm machinery, or cause any of the foregoing to occur to an hour meter of any farm machinery, so as to reflect fewer hours than the farm machinery has actually been operated. (b) No person, with the intent to defraud, shall operate any farm machinery knowing that the hour meter is disconnected or nonfunctional. (c) No person shall advertise for sale, sell, use, or install on any part of any farm machinery or on any hour meter on any farm machinery any device which causes the hour meter to register any hours other than the true hours of operation. (d) No person shall sell or offer for sale any farm machinery with knowledge that the hours registered on the hour meter have been altered so as to reflect fewer hours than the farm machinery has actually been operated without disclosing such fact to prospective purchasers. Acts 1991, No. 186, § 1.

(a) No person shall knowingly tamper with, adjust, alter, change, set back, disconnect, or, with intent to defraud, fail to connect the hour meter of any farm machinery, or cause any of the foregoing to occur to an hour meter of any farm machinery, so as to reflect fewer hours than the farm machinery has actually been operated.

(b) No person, with the intent to defraud, shall operate any farm machinery knowing that the hour meter is disconnected or nonfunctional.

(c) No person shall advertise for sale, sell, use, or install on any part of any farm machinery or on any hour meter on any farm machinery any device which causes the hour meter to register any hours other than the true hours of operation.

(d) No person shall sell or offer for sale any farm machinery with knowledge that the hours registered on the hour meter have been altered so as to reflect fewer hours than the farm machinery has actually been operated without disclosing such fact to prospective purchasers.

Acts 1991, No. 186, § 1.
Ark. Code Ann. § 4-47-404 — AR Code / Title 4 / Chapter 47 / Subchapter 4 / Section 4-47-404
General partner's liability
Status: in_force

(a) Except as otherwise provided in subsections (b) and (c), all general partners are liable jointly and severally for all obligations of the limited partnership unless otherwise agreed by the claimant or provided by law. (b) A person that becomes a general partner of an existing limited partnership is not personally liable for an obligation of a limited partnership incurred before the person became a general partner. (c) An obligation of a limited partnership incurred while the limited partnership is a limited liability limited partnership, whether arising in contract, tort, or otherwise, is solely the obligation of the limited partnership. A general partner is not personally liable, directly or indirectly, by way of contribution or otherwise, for such an obligation solely by reason of being or acting as a general partner. This subsection applies despite anything inconsistent in the partnership agreement that existed immediately before the consent required to become a limited liability limited partnership under § 4-47-406(b)(2) . Acts 2007, No. 15, § 1.

(a) Except as otherwise provided in subsections (b) and (c), all general partners are liable jointly and severally for all obligations of the limited partnership unless otherwise agreed by the claimant or provided by law.

(b) A person that becomes a general partner of an existing limited partnership is not personally liable for an obligation of a limited partnership incurred before the person became a general partner.

(c) An obligation of a limited partnership incurred while the limited partnership is a limited liability limited partnership, whether arising in contract, tort, or otherwise, is solely the obligation of the limited partnership. A general partner is not personally liable, directly or indirectly, by way of contribution or otherwise, for such an obligation solely by reason of being or acting as a general partner. This subsection applies despite anything inconsistent in the partnership agreement that existed immediately before the consent required to become a limited liability limited partnership under § 4-47-406(b)(2) .

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-46-306 — AR Code / Title 4 / Chapter 46 / Subchapter 3 / Section 4-46-306
Partner's liability
Status: in_force

(a) Except as otherwise provided in subsections (b) and (c) of this section, all partners are liable jointly and severally for all obligations of the partnership unless otherwise agreed by the claimant or provided by law. (b) A person admitted as a partner into an existing partnership is not personally liable for any partnership obligation incurred before the person's admission as a partner. (c) An obligation of a partnership incurred while the partnership is a limited liability partnership, whether arising in contract, tort, or otherwise, is solely the obligation of the partnership. A partner is not personally liable, directly or indirectly, by way of contribution or otherwise, for such a partnership obligation solely by reason of being or so acting as a partner. This subsection applies notwithstanding anything inconsistent in the partnership agreement that existed immediately before the vote required to become a limited liability partnership under § 4-46-1001(b) . Acts 1999, No. 1518, § 306.

(a) Except as otherwise provided in subsections (b) and (c) of this section, all partners are liable jointly and severally for all obligations of the partnership unless otherwise agreed by the claimant or provided by law.

(b) A person admitted as a partner into an existing partnership is not personally liable for any partnership obligation incurred before the person's admission as a partner.

(c) An obligation of a partnership incurred while the partnership is a limited liability partnership, whether arising in contract, tort, or otherwise, is solely the obligation of the partnership. A partner is not personally liable, directly or indirectly, by way of contribution or otherwise, for such a partnership obligation solely by reason of being or so acting as a partner. This subsection applies notwithstanding anything inconsistent in the partnership agreement that existed immediately before the vote required to become a limited liability partnership under § 4-46-1001(b) .

Acts 1999, No. 1518, § 306.
Ark. Code Ann. § 4-28-205 — AR Code / Title 4 / Chapter 28 / Subchapter 2 / Section 4-28-205
Lawful purposes
Status: in_force

Corporations may be organized under §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 for any lawful purpose including, without being limited to any one (1) or more of the following purposes: charitable; benevolent; eleemosynary; educational; civic; patriotic; political; religious; social; fraternal; literary; cultural; athletic; scientific; agricultural; horticultural; animal husbandry; and professional, commercial, industrial, or trade association. However, labor unions, rural electric corporations, cooperative agricultural or marketing associations, etc., organized for either direct or indirect financial gain or advantage, and any cooperative associations coming within the purview of §§ 4-30-101 - 4-30-117 , 4-30-201 , 4-30-202 , and 4-30-204 - 4-30-207 shall be governed by the particular acts applicable to such associations. Acts 1963, No. 176, § 4; A.S.A. 1947, § 64-1904.

Corporations may be organized under §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 for any lawful purpose including, without being limited to any one (1) or more of the following purposes: charitable; benevolent; eleemosynary; educational; civic; patriotic; political; religious; social; fraternal; literary; cultural; athletic; scientific; agricultural; horticultural; animal husbandry; and professional, commercial, industrial, or trade association. However, labor unions, rural electric corporations, cooperative agricultural or marketing associations, etc., organized for either direct or indirect financial gain or advantage, and any cooperative associations coming within the purview of §§ 4-30-101 - 4-30-117 , 4-30-201 , 4-30-202 , and 4-30-204 - 4-30-207 shall be governed by the particular acts applicable to such associations.

Acts 1963, No. 176, § 4; A.S.A. 1947, § 64-1904.
Ark. Code Ann. § 4-75-204 — AR Code / Title 4 / Chapter 75 / Subchapter 2 / Section 4-75-204
Penalties
Status: in_force

Any person, firm, or corporation, whether as principal, agent, officer, or director for himself or herself or itself, for another person, or for any firm or corporation, that shall violate any of the provisions of this subchapter is guilty of a Class A misdemeanor for each single violation. Acts 1937, No. 253, § 11; Pope's Dig., § 14321; A.S.A. 1947, § 70-311; Acts 2005, No. 1994, § 340.

Any person, firm, or corporation, whether as principal, agent, officer, or director for himself or herself or itself, for another person, or for any firm or corporation, that shall violate any of the provisions of this subchapter is guilty of a Class A misdemeanor for each single violation.

Acts 1937, No. 253, § 11; Pope's Dig., § 14321; A.S.A. 1947, § 70-311; Acts 2005, No. 1994, § 340.
Ark. Code Ann. § 4-59-302 — AR Code / Title 4 / Chapter 59 / Subchapter 3 / Section 4-59-302
Issuance of bill containing false statement
Status: in_force

Any officer, agent, or servant of a carrier who with intent to defraud issues or aids in issuing a bill for goods, knowing that it contains any false statement, shall be guilty of a Class A misdemeanor. Acts 1941, No. 264, § 45; A.S.A. 1947, § 68-1145; Acts 2005, No. 1994, § 214.

Any officer, agent, or servant of a carrier who with intent to defraud issues or aids in issuing a bill for goods, knowing that it contains any false statement, shall be guilty of a Class A misdemeanor.

Acts 1941, No. 264, § 45; A.S.A. 1947, § 68-1145; Acts 2005, No. 1994, § 214.
Ark. Code Ann. § 4-38-802 — AR Code / Title 4 / Chapter 38 / Subchapter 8 / Section 4-38-802
Derivative action
Status: in_force

A member may maintain a derivative action to enforce a right of a limited liability company if: (1) the member first makes a demand on the other members in a member-managed limited liability company, or the managers of a manager-managed limited liability company, requesting that they cause the company to bring an action to enforce the right, and the managers or other members do not bring the action within a reasonable time; or (2) a demand under paragraph (1) would be futile. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

A member may maintain a derivative action to enforce a right of a limited liability company if:

(1) the member first makes a demand on the other members in a member-managed limited liability company, or the managers of a manager-managed limited liability company, requesting that they cause the company to bring an action to enforce the right, and the managers or other members do not bring the action within a reasonable time; or

(2) a demand under paragraph (1) would be futile.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-46-404 — AR Code / Title 4 / Chapter 46 / Subchapter 4 / Section 4-46-404
General standards of partner's conduct
Status: in_force

(a) The only fiduciary duties a partner owes to the partnership and the other partners are the duty of loyalty and the duty of care set forth in subsections (b) and (c) of this section. (b) A partner's duty of loyalty to the partnership and the other partners is limited to the following: (1) to account to the partnership and hold as trustee for it any property, profit, or benefit derived by the partner in the conduct and winding up of the partnership business or derived from a use by the partner of partnership property, including the appropriation of a partnership opportunity; (2) to refrain from dealing with the partnership in the conduct or winding up of the partnership business as or on behalf of a party having an interest adverse to the partnership; and (3) to refrain from competing with the partnership in the conduct of the partnership business before the dissolution of the partnership. (c) A partner's duty of care to the partnership and the other partners in the conduct and winding up of the partnership business is limited to refraining from engaging in grossly negligent or reckless conduct, intentional misconduct, or a knowing violation of law. (d) A partner shall discharge the duties to the partnership and the other partners under this chapter or under the partnership agreement and exercise any rights consistently with the obligation of good faith and fair dealing. (e) A partner does not violate a duty or obligation under this chapter or under the partnership agreement merely because the partner's conduct furthers the partner's own interest. (f) A partner may lend money to and transact other business with the partnership, and as to each loan or transaction the rights and obligations of the partner are the same as those of a person who is not a partner, subject to other applicable law. (g) This section applies to a person winding up the partnership business as the personal or legal representative of the last surviving partner as if the person were a partner. Acts 1999, No. 1518, § 404.

(a) The only fiduciary duties a partner owes to the partnership and the other partners are the duty of loyalty and the duty of care set forth in subsections (b) and (c) of this section.

(b) A partner's duty of loyalty to the partnership and the other partners is limited to the following: (1) to account to the partnership and hold as trustee for it any property, profit, or benefit derived by the partner in the conduct and winding up of the partnership business or derived from a use by the partner of partnership property, including the appropriation of a partnership opportunity; (2) to refrain from dealing with the partnership in the conduct or winding up of the partnership business as or on behalf of a party having an interest adverse to the partnership; and (3) to refrain from competing with the partnership in the conduct of the partnership business before the dissolution of the partnership.

(1) to account to the partnership and hold as trustee for it any property, profit, or benefit derived by the partner in the conduct and winding up of the partnership business or derived from a use by the partner of partnership property, including the appropriation of a partnership opportunity;

(2) to refrain from dealing with the partnership in the conduct or winding up of the partnership business as or on behalf of a party having an interest adverse to the partnership; and

(3) to refrain from competing with the partnership in the conduct of the partnership business before the dissolution of the partnership.

(c) A partner's duty of care to the partnership and the other partners in the conduct and winding up of the partnership business is limited to refraining from engaging in grossly negligent or reckless conduct, intentional misconduct, or a knowing violation of law.

(d) A partner shall discharge the duties to the partnership and the other partners under this chapter or under the partnership agreement and exercise any rights consistently with the obligation of good faith and fair dealing.

(e) A partner does not violate a duty or obligation under this chapter or under the partnership agreement merely because the partner's conduct furthers the partner's own interest.

(f) A partner may lend money to and transact other business with the partnership, and as to each loan or transaction the rights and obligations of the partner are the same as those of a person who is not a partner, subject to other applicable law.

(g) This section applies to a person winding up the partnership business as the personal or legal representative of the last surviving partner as if the person were a partner.

Acts 1999, No. 1518, § 404.
Ark. Code Ann. § 4-26-202 — AR Code / Title 4 / Chapter 26 / Subchapter 2 / Section 4-26-202
Articles of incorporation
Status: in_force

(a) The articles of incorporation, which shall be duly signed by all of the incorporators, shall set forth: (1) The name of the corporation; (2) The period of duration, which may be perpetual; (3) The purpose for which the corporation is organized; (4) The aggregate number of shares which the corporation shall have authority to issue; if the shares are to consist of one (1) class only, the par value of each of the shares or a statement that all of the shares are without par value; or, if the shares are to be divided into classes, the number of shares of each class and a statement of the par value of the shares of each class or that the shares are to be without par value; (5) If the shares are to be divided into classes, the designation of each class and a statement of the preferences, limitations, and relative rights in respect to the shares of each class; (6) If the corporation is to issue the shares of any preferred or special class in series, then the designation of each series and a statement of the variations in the relative rights and preferences as between series insofar as the series are to be fixed in the articles of incorporation and a statement of any authority to be vested in the board of directors to establish series and fix and determine the variations in the relative rights and preferences as between series; (7) A statement that the corporation will not commence business until consideration of the value of at least three hundred dollars ($300) has been received for the issuance of shares; (8) Any provisions limiting or denying to shareholders the preemptive right to acquire additional or treasury shares of the corporation; (9) Any provision not inconsistent with law, which the incorporators elect to set forth in the articles of incorporation for the regulation of the internal affairs of the corporation, including any provision which under this chapter is required or permitted to be set forth in the bylaws; (10) The address, including street and number, if any, of its initial registered office, and the name of its initial registered agent at the address; (11) The number of directors constituting the initial board of directors who are to serve as directors until the next annual meeting of shareholders or until their successors be elected and qualify. If the number of directors constituting the initial board is either one (1) or two (2), then a statement shall also be included in the article specifying the number of directors to be elected at the annual meeting,or special meeting called for that purpose, of the shareholders next following the time when the shares of the corporation become owned of record by more than one (1) or two (2) shareholders as the case may be; (12) The name and address of each incorporator. (b) It shall not be necessary to set forth in the articles of incorporation any of the corporate powers enumerated in this chapter. Acts 1965, No. 576, § 55; A.S.A. 1947, § 64-502.

(a) The articles of incorporation, which shall be duly signed by all of the incorporators, shall set forth: (1) The name of the corporation; (2) The period of duration, which may be perpetual; (3) The purpose for which the corporation is organized; (4) The aggregate number of shares which the corporation shall have authority to issue; if the shares are to consist of one (1) class only, the par value of each of the shares or a statement that all of the shares are without par value; or, if the shares are to be divided into classes, the number of shares of each class and a statement of the par value of the shares of each class or that the shares are to be without par value; (5) If the shares are to be divided into classes, the designation of each class and a statement of the preferences, limitations, and relative rights in respect to the shares of each class; (6) If the corporation is to issue the shares of any preferred or special class in series, then the designation of each series and a statement of the variations in the relative rights and preferences as between series insofar as the series are to be fixed in the articles of incorporation and a statement of any authority to be vested in the board of directors to establish series and fix and determine the variations in the relative rights and preferences as between series; (7) A statement that the corporation will not commence business until consideration of the value of at least three hundred dollars ($300) has been received for the issuance of shares; (8) Any provisions limiting or denying to shareholders the preemptive right to acquire additional or treasury shares of the corporation; (9) Any provision not inconsistent with law, which the incorporators elect to set forth in the articles of incorporation for the regulation of the internal affairs of the corporation, including any provision which under this chapter is required or permitted to be set forth in the bylaws; (10) The address, including street and number, if any, of its initial registered office, and the name of its initial registered agent at the address; (11) The number of directors constituting the initial board of directors who are to serve as directors until the next annual meeting of shareholders or until their successors be elected and qualify. If the number of directors constituting the initial board is either one (1) or two (2), then a statement shall also be included in the article specifying the number of directors to be elected at the annual meeting,or special meeting called for that purpose, of the shareholders next following the time when the shares of the corporation become owned of record by more than one (1) or two (2) shareholders as the case may be; (12) The name and address of each incorporator.

(1) The name of the corporation;

(2) The period of duration, which may be perpetual;

(3) The purpose for which the corporation is organized;

(4) The aggregate number of shares which the corporation shall have authority to issue; if the shares are to consist of one (1) class only, the par value of each of the shares or a statement that all of the shares are without par value; or, if the shares are to be divided into classes, the number of shares of each class and a statement of the par value of the shares of each class or that the shares are to be without par value;

(5) If the shares are to be divided into classes, the designation of each class and a statement of the preferences, limitations, and relative rights in respect to the shares of each class;

(6) If the corporation is to issue the shares of any preferred or special class in series, then the designation of each series and a statement of the variations in the relative rights and preferences as between series insofar as the series are to be fixed in the articles of incorporation and a statement of any authority to be vested in the board of directors to establish series and fix and determine the variations in the relative rights and preferences as between series;

(7) A statement that the corporation will not commence business until consideration of the value of at least three hundred dollars ($300) has been received for the issuance of shares;

(8) Any provisions limiting or denying to shareholders the preemptive right to acquire additional or treasury shares of the corporation;

(9) Any provision not inconsistent with law, which the incorporators elect to set forth in the articles of incorporation for the regulation of the internal affairs of the corporation, including any provision which under this chapter is required or permitted to be set forth in the bylaws;

(10) The address, including street and number, if any, of its initial registered office, and the name of its initial registered agent at the address;

(11) The number of directors constituting the initial board of directors who are to serve as directors until the next annual meeting of shareholders or until their successors be elected and qualify. If the number of directors constituting the initial board is either one (1) or two (2), then a statement shall also be included in the article specifying the number of directors to be elected at the annual meeting,or special meeting called for that purpose, of the shareholders next following the time when the shares of the corporation become owned of record by more than one (1) or two (2) shareholders as the case may be;

(12) The name and address of each incorporator.

(b) It shall not be necessary to set forth in the articles of incorporation any of the corporate powers enumerated in this chapter.

Acts 1965, No. 576, § 55; A.S.A. 1947, § 64-502.
Ark. Code Ann. § 4-30-110 — AR Code / Title 4 / Chapter 30 / Subchapter 1 / Section 4-30-110
Board of directors - Officers
Status: in_force

(a) Every association shall be managed by a board of not fewer than five (5) directors. (b) The directors shall be elected by the stockholders of the association at such times and for such terms of office as the bylaws may prescribe and shall hold office for the time for which elected and until their successors are elected and shall enter upon the discharge of their duties. (c) A majority of the stockholders shall have power at any regular or special stockholders' meeting legally called to remove any director or official for cause and fill the vacancy, and thereupon the director so removed shall cease to be a director of the association. (d) (1) The officers of every association shall be a president, one (1) or more vice presidents, a secretary, and a treasurer and such other officers as may be deemed necessary by the board of directors. (2) The offices of secretary and treasurer may be combined into the office of secretary-treasurer. Acts 1921, No. 632, § 7; Pope's Dig., § 2268; A.S.A. 1947, § 64-1508; Acts 1989, No. 493, § 3.

(a) Every association shall be managed by a board of not fewer than five (5) directors.

(b) The directors shall be elected by the stockholders of the association at such times and for such terms of office as the bylaws may prescribe and shall hold office for the time for which elected and until their successors are elected and shall enter upon the discharge of their duties.

(c) A majority of the stockholders shall have power at any regular or special stockholders' meeting legally called to remove any director or official for cause and fill the vacancy, and thereupon the director so removed shall cease to be a director of the association.

(d) (1) The officers of every association shall be a president, one (1) or more vice presidents, a secretary, and a treasurer and such other officers as may be deemed necessary by the board of directors. (2) The offices of secretary and treasurer may be combined into the office of secretary-treasurer.

(1) The officers of every association shall be a president, one (1) or more vice presidents, a secretary, and a treasurer and such other officers as may be deemed necessary by the board of directors.

(2) The offices of secretary and treasurer may be combined into the office of secretary-treasurer.

Acts 1921, No. 632, § 7; Pope's Dig., § 2268; A.S.A. 1947, § 64-1508; Acts 1989, No. 493, § 3.
Ark. Code Ann. § 4-38-1202 — AR Code / Title 4 / Chapter 38 / Subchapter 12 / Section 4-38-1202
[Renumbered as 4-38-1203] Certification of registration
Status: repealed

(a) A limited liability company formed under this chapter and that will engage in the practice of medicine must obtain a certificate of registration from the Arkansas State Medical Board and must comply with the statutes of the Medical Corporation Act, § 4-29-301 et seq. (b) A limited liability company formed under this chapter and that will engage in the practice of dentistry must obtain a certificate of registration and comply with the statutes in the Dental Corporation Act, § 4-29-401 et seq. (c) (1) An applicant seeking to register a limited liability company under this chapter shall obtain the necessary authorization required by its licensing authority to: (A) register as a professional limited liability company under this chapter; and (B) use the name proposed by the applicant for registration with the Secretary of State. (2) The Secretary of State may require satisfactory proof of compliance with this section before registration. Renumbered as Ark. Code § 4-38-1203 by Act 2021EX2, No. 12,§ 3, eff. 12/9/2021. Renumbered as Ark. Code § 4-38-1203 by Act 2021EX2, No. 7,§ 3, eff. 12/9/2021. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

(a) A limited liability company formed under this chapter and that will engage in the practice of medicine must obtain a certificate of registration from the Arkansas State Medical Board and must comply with the statutes of the Medical Corporation Act, § 4-29-301 et seq.

(b) A limited liability company formed under this chapter and that will engage in the practice of dentistry must obtain a certificate of registration and comply with the statutes in the Dental Corporation Act, § 4-29-401 et seq.

(c) (1) An applicant seeking to register a limited liability company under this chapter shall obtain the necessary authorization required by its licensing authority to: (A) register as a professional limited liability company under this chapter; and (B) use the name proposed by the applicant for registration with the Secretary of State. (2) The Secretary of State may require satisfactory proof of compliance with this section before registration.

(1) An applicant seeking to register a limited liability company under this chapter shall obtain the necessary authorization required by its licensing authority to: (A) register as a professional limited liability company under this chapter; and (B) use the name proposed by the applicant for registration with the Secretary of State.

(A) register as a professional limited liability company under this chapter; and

(B) use the name proposed by the applicant for registration with the Secretary of State.

(2) The Secretary of State may require satisfactory proof of compliance with this section before registration.

Renumbered as Ark. Code § 4-38-1203 by Act 2021EX2, No. 12,§ 3, eff. 12/9/2021.

Renumbered as Ark. Code § 4-38-1203 by Act 2021EX2, No. 7,§ 3, eff. 12/9/2021.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-38-1105 — AR Code / Title 4 / Chapter 38 / Subchapter 11 / Section 4-38-1105
Powers of Secretary of State
Status: in_force

The Secretary of State has the power reasonably necessary to perform the duties required of him or her by this chapter. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

The Secretary of State has the power reasonably necessary to perform the duties required of him or her by this chapter.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-58-109 — AR Code / Title 4 / Chapter 58 / Section 4-58-109
Proof of assignment - Pleadings
Status: in_force

The assignee of any instrument in writing made assignable by law, on bringing suit on any assigned paper, shall not be required to prove the assignment unless the defendant annexes to his or her answer an affidavit denying the assignment and stating in the affidavit that he or she verily believes that one (1) or more of the assignments on the instrument of writing was forged. Rev. Stat., ch. 11, § 4; C. & M. Dig., § 479; Pope's Dig., § 516; A.S.A. 1947, § 68-806.

The assignee of any instrument in writing made assignable by law, on bringing suit on any assigned paper, shall not be required to prove the assignment unless the defendant annexes to his or her answer an affidavit denying the assignment and stating in the affidavit that he or she verily believes that one (1) or more of the assignments on the instrument of writing was forged.

Rev. Stat., ch. 11, § 4; C. & M. Dig., § 479; Pope's Dig., § 516; A.S.A. 1947, § 68-806.
Ark. Code Ann. § 4-47-301 — AR Code / Title 4 / Chapter 47 / Subchapter 3 / Section 4-47-301
Becoming limited partner
Status: in_force

A person becomes a limited partner: (1) as provided in the partnership agreement; (2) as the result of a conversion or merger under subchapter 11; or (3) with the consent of all the partners. Acts 2007, No. 15, § 1.

A person becomes a limited partner:

(1) as provided in the partnership agreement;

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

(3) with the consent of all the partners.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-73-204 — AR Code / Title 4 / Chapter 73 / Subchapter 2 / Section 4-73-204
Liability of art dealer for violation of subchapter
Status: in_force

A violation by an art dealer of any of the provisions of this subchapter shall render the art dealer liable for damages to the artist in an amount equal to fifty dollars ($50.00) plus the actual damages sustained by the artist, including incidental and consequential damages. In such actions, reasonable attorney's fees and court costs shall be paid to the prevailing party. Acts 1983, No. 820, § 5; A.S.A. 1947, § 68-1810.

A violation by an art dealer of any of the provisions of this subchapter shall render the art dealer liable for damages to the artist in an amount equal to fifty dollars ($50.00) plus the actual damages sustained by the artist, including incidental and consequential damages. In such actions, reasonable attorney's fees and court costs shall be paid to the prevailing party.

Acts 1983, No. 820, § 5; A.S.A. 1947, § 68-1810.
Ark. Code Ann. § 4-26-401 — AR Code / Title 4 / Chapter 26 / Subchapter 4 / Section 4-26-401
Requirements and limitations
Status: in_force

The corporate name: (1) Shall contain the word "Corporation", "Company", or "Incorporated", or shall contain an abbreviation of one of those words; but the name may not end with the word "Company" nor the abbreviation "Co." if the final word or abbreviation is immediately preceded by "and" or any symbol for "and"; (2) Shall not contain any word or phrase which is prohibited by law for the corporation or which indicates or implies that it is organized for any purpose other than one (1) or more of the purposes contained in the articles of incorporation; (3) (A) Shall be distinguishable from the name of any domestic corporation existing under the laws of this state or any foreign corporation authorized to transact business in this state, or a name the exclusive right to which is, at the time, reserved under § 4-26-402 , or the name of a corporation which has in effect a registration of its corporate name under § 4-26-403 . (B) A foreign corporation shall not be admitted to this state if its corporate name is not distinguishable from the name of any domestic corporation, or the name of any foreign corporation then admitted to this state, or any name then reserved or registered under § 4-26-402 or § 4-26-403 . (C) In determining whether or not a corporate name is distinguishable under subdivision (3)(A) of this section, a corporate name that is different from the name of another entity or filing is distinguishable unless the only difference is one (1) or more of the following: (i) A suffix; (ii) A definite or indefinite article; (iii) The word "and" and the symbol "&"; (iv) The singular, plural, or possessive form of a word; or (v) A punctuation mark or a symbol. Amended by Act 2023, No. 256,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 256,§ 2, eff. 8/1/2023. Acts 1965, No. 576, § 7; A.S.A. 1947, § 64-107.

The corporate name:

(1) Shall contain the word "Corporation", "Company", or "Incorporated", or shall contain an abbreviation of one of those words; but the name may not end with the word "Company" nor the abbreviation "Co." if the final word or abbreviation is immediately preceded by "and" or any symbol for "and";

(2) Shall not contain any word or phrase which is prohibited by law for the corporation or which indicates or implies that it is organized for any purpose other than one (1) or more of the purposes contained in the articles of incorporation;

(3) (A) Shall be distinguishable from the name of any domestic corporation existing under the laws of this state or any foreign corporation authorized to transact business in this state, or a name the exclusive right to which is, at the time, reserved under § 4-26-402 , or the name of a corporation which has in effect a registration of its corporate name under § 4-26-403 . (B) A foreign corporation shall not be admitted to this state if its corporate name is not distinguishable from the name of any domestic corporation, or the name of any foreign corporation then admitted to this state, or any name then reserved or registered under § 4-26-402 or § 4-26-403 . (C) In determining whether or not a corporate name is distinguishable under subdivision (3)(A) of this section, a corporate name that is different from the name of another entity or filing is distinguishable unless the only difference is one (1) or more of the following: (i) A suffix; (ii) A definite or indefinite article; (iii) The word "and" and the symbol "&"; (iv) The singular, plural, or possessive form of a word; or (v) A punctuation mark or a symbol.

(A) Shall be distinguishable from the name of any domestic corporation existing under the laws of this state or any foreign corporation authorized to transact business in this state, or a name the exclusive right to which is, at the time, reserved under § 4-26-402 , or the name of a corporation which has in effect a registration of its corporate name under § 4-26-403 .

(B) A foreign corporation shall not be admitted to this state if its corporate name is not distinguishable from the name of any domestic corporation, or the name of any foreign corporation then admitted to this state, or any name then reserved or registered under § 4-26-402 or § 4-26-403 .

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

(i) A suffix;

(ii) A definite or indefinite article;

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

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

(v) A punctuation mark or a symbol.

Amended by Act 2023, No. 256,§ 3, eff. 8/1/2023.

Amended by Act 2023, No. 256,§ 2, eff. 8/1/2023.

Acts 1965, No. 576, § 7; A.S.A. 1947, § 64-107.
Ark. Code Ann. § 4-46-308 — AR Code / Title 4 / Chapter 46 / Subchapter 3 / Section 4-46-308
Liability of purported partner
Status: in_force

(a) If a person, by words or conduct, purports to be a partner, or consents to being represented by another as a partner, in a partnership or with one or more persons not partners, the purported partner is liable to a person to whom the representation is made, if that person, relying on the representation, enters into a transaction with the actual or purported partnership. If the representation, either by the purported partner or by a person with the purported partner's consent, is made in a public manner, the purported partner is liable to a person who relies upon the purported partnership even if the purported partner is not aware of being held out as a partner to the claimant. If partnership liability results, the purported partner is liable with respect to that liability as if the purported partner were a partner. If no partnership liability results, the purported partner is liable with respect to that liability jointly and severally with any other person consenting to the representation. (b) If a person is thus represented to be a partner in an existing partnership, or with one or more persons not partners, the purported partner is an agent of persons consenting to the representation to bind them to the same extent and in the same manner as if the purported partner were a partner, with respect to persons who enter into transactions in reliance upon the representation. If all of the partners of the existing partnership consent to the representation, a partnership act or obligation results. If fewer than all of the partners of the existing partnership consent to the representation, the person acting and the partners consenting to the representation are jointly and severally liable. (c) A person is not liable as a partner merely because the person is named by another in a statement of partnership authority. (d) A person does not continue to be liable as a partner merely because of a failure to file a statement of dissociation or to amend a statement of partnership authority to indicate the partner's dissociation from the partnership. (e) Except as otherwise provided in subsections (a) and (b) of this section, persons who are not partners as to each other are not liable as partners to other persons. Acts 1999, No. 1518, § 308.

(a) If a person, by words or conduct, purports to be a partner, or consents to being represented by another as a partner, in a partnership or with one or more persons not partners, the purported partner is liable to a person to whom the representation is made, if that person, relying on the representation, enters into a transaction with the actual or purported partnership. If the representation, either by the purported partner or by a person with the purported partner's consent, is made in a public manner, the purported partner is liable to a person who relies upon the purported partnership even if the purported partner is not aware of being held out as a partner to the claimant. If partnership liability results, the purported partner is liable with respect to that liability as if the purported partner were a partner. If no partnership liability results, the purported partner is liable with respect to that liability jointly and severally with any other person consenting to the representation.

(b) If a person is thus represented to be a partner in an existing partnership, or with one or more persons not partners, the purported partner is an agent of persons consenting to the representation to bind them to the same extent and in the same manner as if the purported partner were a partner, with respect to persons who enter into transactions in reliance upon the representation. If all of the partners of the existing partnership consent to the representation, a partnership act or obligation results. If fewer than all of the partners of the existing partnership consent to the representation, the person acting and the partners consenting to the representation are jointly and severally liable.

(c) A person is not liable as a partner merely because the person is named by another in a statement of partnership authority.

(d) A person does not continue to be liable as a partner merely because of a failure to file a statement of dissociation or to amend a statement of partnership authority to indicate the partner's dissociation from the partnership.

(e) Except as otherwise provided in subsections (a) and (b) of this section, persons who are not partners as to each other are not liable as partners to other persons.

Acts 1999, No. 1518, § 308.
Ark. Code Ann. § 4-21-105 — AR Code / Title 4 / Chapter 21 / Section 4-21-105
Unlawful enforcement of federal statutes
Status: in_force

(a) An employee of a state agency, a public servant of the state, or an agent or employee of the United States Government shall not knowingly enforce or attempt to enforce any act, law, statute, rule, or regulation of the United States Government created or effective on or after January 1, 2021, and relating to a personal firearm, firearm accessory, or ammunition that is owned or manufactured commercially or privately in Arkansas so long as the personal firearm, firearm accessory, or ammunition is within the borders of Arkansas. (b) A person who violates this section upon conviction is guilty of a Class A misdemeanor. Added by Act 2021, No. 872,§ 1, eff. 7/28/2021.

(a) An employee of a state agency, a public servant of the state, or an agent or employee of the United States Government shall not knowingly enforce or attempt to enforce any act, law, statute, rule, or regulation of the United States Government created or effective on or after January 1, 2021, and relating to a personal firearm, firearm accessory, or ammunition that is owned or manufactured commercially or privately in Arkansas so long as the personal firearm, firearm accessory, or ammunition is within the borders of Arkansas.

(b) A person who violates this section upon conviction is guilty of a Class A misdemeanor.

Added by Act 2021, No. 872,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 4-90-505 — AR Code / Title 4 / Chapter 90 / Subchapter 5 / Section 4-90-505
Mandatory insurance
Status: in_force

(a) A motor vehicle service contract or theft protection program warranty shall not be issued, sold, or offered for sale in this state unless a motor vehicle service contract provider or warrantor is insured under a reimbursement insurance policy issued by an insurer authorized to do business in this state, and providing that the insurer will pay on behalf of the motor vehicle service contract provider or warrantor all sums that the motor vehicle service contract provider or warrantor is legally obligated to pay and will guarantee the performance of the motor vehicle service contract provider's or warrantor's obligations undertaken according to the motor vehicle service contract provider's or warrantor's contractual obligations under the service contracts issued or sold by the motor vehicle service contract provider or theft protection program warranties issued by the warrantor. (b) A policy of insurance shall not be cancelled, terminated, or nonrenewed by the insurer unless a sixty-day written notice has been given to the motor vehicle service contract provider or warrantor before the date of the cancellation, termination, or nonrenewal. (c) A cancellation, termination, or nonrenewal shall not affect the liability of an insurer to guarantee the performance of a motor vehicle service contract provider or warrantor under the motor vehicle service contracts or theft protection program warranties issued or sold before the effective date of cancellation or termination or nonrenewal. (d) The insured motor vehicle service contract or theft protection program warranty shall conspicuously state: (1) That the obligations of a motor vehicle service contract provider to the service contract holder or the obligations of a warrantor to the warranty holder are guaranteed under a reimbursement insurance policy; (2) The name, address, and telephone number of the issuer of a motor vehicle service contract provider's or warrantor's reimbursement insurance policy; and (3) The procedure for filing a claim under a motor vehicle service contract or theft protection program warranty directly with a reimbursement insurer. (e) A reimbursement insurer shall establish and maintain unearned premium reserves and claims reserves for any gross policy obligations under a reimbursement insurance policy, net of reinsurance ceded, that the insurer is entitled to as full reserve credit on its financial statements under this subchapter. Amended by Act 2017, No. 364,§ 3, eff. 8/1/2017. Acts 1993, No. 805, § 4.

(a) A motor vehicle service contract or theft protection program warranty shall not be issued, sold, or offered for sale in this state unless a motor vehicle service contract provider or warrantor is insured under a reimbursement insurance policy issued by an insurer authorized to do business in this state, and providing that the insurer will pay on behalf of the motor vehicle service contract provider or warrantor all sums that the motor vehicle service contract provider or warrantor is legally obligated to pay and will guarantee the performance of the motor vehicle service contract provider's or warrantor's obligations undertaken according to the motor vehicle service contract provider's or warrantor's contractual obligations under the service contracts issued or sold by the motor vehicle service contract provider or theft protection program warranties issued by the warrantor.

(b) A policy of insurance shall not be cancelled, terminated, or nonrenewed by the insurer unless a sixty-day written notice has been given to the motor vehicle service contract provider or warrantor before the date of the cancellation, termination, or nonrenewal.

(c) A cancellation, termination, or nonrenewal shall not affect the liability of an insurer to guarantee the performance of a motor vehicle service contract provider or warrantor under the motor vehicle service contracts or theft protection program warranties issued or sold before the effective date of cancellation or termination or nonrenewal.

(d) The insured motor vehicle service contract or theft protection program warranty shall conspicuously state: (1) That the obligations of a motor vehicle service contract provider to the service contract holder or the obligations of a warrantor to the warranty holder are guaranteed under a reimbursement insurance policy; (2) The name, address, and telephone number of the issuer of a motor vehicle service contract provider's or warrantor's reimbursement insurance policy; and (3) The procedure for filing a claim under a motor vehicle service contract or theft protection program warranty directly with a reimbursement insurer.

(1) That the obligations of a motor vehicle service contract provider to the service contract holder or the obligations of a warrantor to the warranty holder are guaranteed under a reimbursement insurance policy;

(2) The name, address, and telephone number of the issuer of a motor vehicle service contract provider's or warrantor's reimbursement insurance policy; and

(3) The procedure for filing a claim under a motor vehicle service contract or theft protection program warranty directly with a reimbursement insurer.

(e) A reimbursement insurer shall establish and maintain unearned premium reserves and claims reserves for any gross policy obligations under a reimbursement insurance policy, net of reinsurance ceded, that the insurer is entitled to as full reserve credit on its financial statements under this subchapter.

Amended by Act 2017, No. 364,§ 3, eff. 8/1/2017.

Acts 1993, No. 805, § 4.
Ark. Code Ann. § 4-38-708 — AR Code / Title 4 / Chapter 38 / Subchapter 7 / Section 4-38-708
Administrative dissolution
Status: in_force

(a) The Secretary of State may commence a proceeding under subsection (b) to dissolve a limited liability company administratively if the company does not: (1) pay any fee, tax, interest, or penalty required to be paid to the Secretary of State not later than six months after it is due; (2) deliver an annual report to the Secretary of State not later than six months after it is due; or (3) have a registered agent in this state for 60 consecutive days. (b) If the Secretary of State determines that one or more grounds exist for administratively dissolving a limited liability company, the Secretary of State shall serve the company with notice in a record of the Secretary of State's determination. (c) If a limited liability company, not later than 60 days after service of the notice under subsection (b), does not cure or demonstrate to the satisfaction of the Secretary of State the nonexistence of each ground determined by the Secretary of State, the Secretary of State shall administratively dissolve the company by signing a statement of administrative dissolution that recites the grounds for dissolution and the effective date of dissolution. The Secretary of State shall file the statement and serve a copy on the company pursuant to § 4-38-210 . (d) A limited liability company that is administratively dissolved continues in existence as an entity but may not carry on any activities except as necessary to wind up its activities and affairs and liquidate its assets under § 4-38-702 , § 4-38-704 , § 4-38-705 , § 4-38-706 , and § 4-38-707 , or to apply for reinstatement under § 4-38-709 . (e) The administrative dissolution of a limited liability company does not terminate the authority of its registered agent. (f) If a limited liability company is dissolved, administratively or otherwise, the name is available for use by another formed limited liability company, and the dissolved company would be required, upon reinstatement, to use a new name if the prior name was taken. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

(a) The Secretary of State may commence a proceeding under subsection (b) to dissolve a limited liability company administratively if the company does not: (1) pay any fee, tax, interest, or penalty required to be paid to the Secretary of State not later than six months after it is due; (2) deliver an annual report to the Secretary of State not later than six months after it is due; or (3) have a registered agent in this state for 60 consecutive days.

(1) pay any fee, tax, interest, or penalty required to be paid to the Secretary of State not later than six months after it is due;

(2) deliver an annual report to the Secretary of State not later than six months after it is due; or

(3) have a registered agent in this state for 60 consecutive days.

(b) If the Secretary of State determines that one or more grounds exist for administratively dissolving a limited liability company, the Secretary of State shall serve the company with notice in a record of the Secretary of State's determination.

(c) If a limited liability company, not later than 60 days after service of the notice under subsection (b), does not cure or demonstrate to the satisfaction of the Secretary of State the nonexistence of each ground determined by the Secretary of State, the Secretary of State shall administratively dissolve the company by signing a statement of administrative dissolution that recites the grounds for dissolution and the effective date of dissolution. The Secretary of State shall file the statement and serve a copy on the company pursuant to § 4-38-210 .

(d) A limited liability company that is administratively dissolved continues in existence as an entity but may not carry on any activities except as necessary to wind up its activities and affairs and liquidate its assets under § 4-38-702 , § 4-38-704 , § 4-38-705 , § 4-38-706 , and § 4-38-707 , or to apply for reinstatement under § 4-38-709 .

(e) The administrative dissolution of a limited liability company does not terminate the authority of its registered agent.

(f) If a limited liability company is dissolved, administratively or otherwise, the name is available for use by another formed limited liability company, and the dissolved company would be required, upon reinstatement, to use a new name if the prior name was taken.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-102-103 — AR Code / Title 4 / Chapter 102 / Section 4-102-103
Violations
Status: in_force

(a) Nothing in this chapter shall be construed to permit an activity otherwise prohibited by law. (b) (1) Each prize offer made in violation of this chapter, as to each separate person to whom such offer is made, shall constitute a separate violation of this chapter. (2) (A) A violation of this chapter is also a violation of the Deceptive Trade Practices Act, § 4-88-101 et seq., and is subject to all of the enforcement provisions of that act. (B) For the purposes of the assessment of penalties pursuant to the Deceptive Trade Practices Act, § 4-88-101 et seq., each separate violation of this chapter will constitute a separate violation of the Deceptive Trade Practices Act, § 4-88-101 et seq. (c) (1) Any person suffering a pecuniary loss because of an intentional violation of this chapter may bring an action in any court of competent jurisdiction and shall recover: (A) Costs; (B) Reasonable attorney's fees; and (C) The greater of: (i) Five hundred dollars ($500); or (ii) Twice the amount of the pecuniary loss. (2) It is evidence of intent if the violation occurs after the office of the Attorney General has notified a sponsor that the sponsor is in violation of this chapter. (d) The relief provided in this section is in addition to remedies or penalties otherwise available in regard to the same conduct under law or under other statutes of this state. Acts 1995, No. 736, § 8.

(a) Nothing in this chapter shall be construed to permit an activity otherwise prohibited by law.

(b) (1) Each prize offer made in violation of this chapter, as to each separate person to whom such offer is made, shall constitute a separate violation of this chapter. (2) (A) A violation of this chapter is also a violation of the Deceptive Trade Practices Act, § 4-88-101 et seq., and is subject to all of the enforcement provisions of that act. (B) For the purposes of the assessment of penalties pursuant to the Deceptive Trade Practices Act, § 4-88-101 et seq., each separate violation of this chapter will constitute a separate violation of the Deceptive Trade Practices Act, § 4-88-101 et seq.

(1) Each prize offer made in violation of this chapter, as to each separate person to whom such offer is made, shall constitute a separate violation of this chapter.

(2) (A) A violation of this chapter is also a violation of the Deceptive Trade Practices Act, § 4-88-101 et seq., and is subject to all of the enforcement provisions of that act. (B) For the purposes of the assessment of penalties pursuant to the Deceptive Trade Practices Act, § 4-88-101 et seq., each separate violation of this chapter will constitute a separate violation of the Deceptive Trade Practices Act, § 4-88-101 et seq.

(A) A violation of this chapter is also a violation of the Deceptive Trade Practices Act, § 4-88-101 et seq., and is subject to all of the enforcement provisions of that act.

(B) For the purposes of the assessment of penalties pursuant to the Deceptive Trade Practices Act, § 4-88-101 et seq., each separate violation of this chapter will constitute a separate violation of the Deceptive Trade Practices Act, § 4-88-101 et seq.

(c) (1) Any person suffering a pecuniary loss because of an intentional violation of this chapter may bring an action in any court of competent jurisdiction and shall recover: (A) Costs; (B) Reasonable attorney's fees; and (C) The greater of: (i) Five hundred dollars ($500); or (ii) Twice the amount of the pecuniary loss. (2) It is evidence of intent if the violation occurs after the office of the Attorney General has notified a sponsor that the sponsor is in violation of this chapter.

(1) Any person suffering a pecuniary loss because of an intentional violation of this chapter may bring an action in any court of competent jurisdiction and shall recover: (A) Costs; (B) Reasonable attorney's fees; and (C) The greater of: (i) Five hundred dollars ($500); or (ii) Twice the amount of the pecuniary loss.

(A) Costs;

(B) Reasonable attorney's fees; and

(C) The greater of: (i) Five hundred dollars ($500); or (ii) Twice the amount of the pecuniary loss.

(i) Five hundred dollars ($500); or

(ii) Twice the amount of the pecuniary loss.

(2) It is evidence of intent if the violation occurs after the office of the Attorney General has notified a sponsor that the sponsor is in violation of this chapter.

(d) The relief provided in this section is in addition to remedies or penalties otherwise available in regard to the same conduct under law or under other statutes of this state.

Acts 1995, No. 736, § 8.
Ark. Code Ann. § 4-29-101 — AR Code / Title 4 / Chapter 29 / Subchapter 1 / Section 4-29-101
Persons associated with professional corporations - Limitations on personal liability
Status: in_force

(a) No person shall be personally liable for any obligation or liability of any shareholder, director, officer, agent, or employee of a professional corporation solely because the person is a shareholder, director, officer, agent, or employee of the professional corporation. (b) In addition, no person shall be personally liable for any obligations or liabilities of a professional corporation solely because the person is a shareholder, director, officer, agent, or employee of the professional corporation. Acts 1991, No. 1146, § 1.

(a) No person shall be personally liable for any obligation or liability of any shareholder, director, officer, agent, or employee of a professional corporation solely because the person is a shareholder, director, officer, agent, or employee of the professional corporation.

(b) In addition, no person shall be personally liable for any obligations or liabilities of a professional corporation solely because the person is a shareholder, director, officer, agent, or employee of the professional corporation.

Acts 1991, No. 1146, § 1.
Ark. Code Ann. § 4-110-103 — AR Code / Title 4 / Chapter 110 / Section 4-110-103
Definitions
Status: in_force

As used in this chapter: (1) (A) "Breach of the security of the system" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by a person or business. (B) "Breach of the security of the system" does not include the good faith acquisition of personal information by an employee or agent of the person or business for the legitimate purposes of the person or business if the personal information is not otherwise used or subject to further unauthorized disclosure; (2) (A) "Business" means a sole proprietorship, partnership, corporation, association, or other group, however organized and whether or not organized to operate at a profit, including a financial institution organized, chartered, or holding a license or authorization certificate under the law of this state, any other state, the United States, or of any other country or the parent or the subsidiary of a financial institution. (B) "Business" includes: (i) An entity that destroys records; and (ii) A state agency; (3) "Customer" means an individual who provides personal information to a business for the purpose of purchasing or leasing a product or obtaining a service from the business; (4) "Individual" means a natural person; (5) "Medical information" means any individually identifiable information, in electronic or physical form, regarding the individual's medical history or medical treatment or diagnosis by a healthcare professional; (6) "Owns or licenses" includes, but is not limited to, personal information that a business retains as part of the internal customer account of the business or for the purpose of using the information in transactions with the person to whom the information relates; (7) "Personal information" means an individual's first name or first initial and his or her last name in combination with any one (1) or more of the following data elements when either the name or the data element is not encrypted or redacted: (A) Social Security number; (B) Driver's license number or Arkansas identification card number; (C) Account number, credit card number, or debit card number in combination with any required security code, access code, or password that would permit access to an individual's financial account; (D) Medical information; and (E) (i) Biometric data. (ii) As used in this subdivision (7)(E), "biometric data" means data generated by automatic measurements of an individual's biological characteristics, including without limitation: (a) Fingerprints; (b) Faceprint; (c) A retinal or iris scan; (d) Hand geometry; (e) Voiceprint analysis; (f) Deoxyribonucleic acid (DNA); or (g) Any other unique biological characteristics of an individual if the characteristics are used by the owner or licensee to uniquely authenticate the individual's identity when the individual accesses a system or account; (8) (A) "Records" means any material that contains sensitive personal information in electronic form. (B) "Records" does not include any publicly available directories containing information an individual has voluntarily consented to have publicly disseminated or listed, such as name, address, or telephone number; and (9) "State agencies" or "state agency" means any agency, institution, authority, department, board, commission, bureau, council, or other agency of the State of Arkansas supported by cash funds or the appropriation of state or federal funds. Amended by Act 2019, No. 1030,§ 1, eff. 7/24/2019. Acts 2005, No. 1526, § 1.

As used in this chapter:

(1) (A) "Breach of the security of the system" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by a person or business. (B) "Breach of the security of the system" does not include the good faith acquisition of personal information by an employee or agent of the person or business for the legitimate purposes of the person or business if the personal information is not otherwise used or subject to further unauthorized disclosure;

(A) "Breach of the security of the system" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by a person or business.

(B) "Breach of the security of the system" does not include the good faith acquisition of personal information by an employee or agent of the person or business for the legitimate purposes of the person or business if the personal information is not otherwise used or subject to further unauthorized disclosure;

(2) (A) "Business" means a sole proprietorship, partnership, corporation, association, or other group, however organized and whether or not organized to operate at a profit, including a financial institution organized, chartered, or holding a license or authorization certificate under the law of this state, any other state, the United States, or of any other country or the parent or the subsidiary of a financial institution. (B) "Business" includes: (i) An entity that destroys records; and (ii) A state agency;

(A) "Business" means a sole proprietorship, partnership, corporation, association, or other group, however organized and whether or not organized to operate at a profit, including a financial institution organized, chartered, or holding a license or authorization certificate under the law of this state, any other state, the United States, or of any other country or the parent or the subsidiary of a financial institution.

(B) "Business" includes: (i) An entity that destroys records; and (ii) A state agency;

(i) An entity that destroys records; and

(ii) A state agency;

(3) "Customer" means an individual who provides personal information to a business for the purpose of purchasing or leasing a product or obtaining a service from the business;

(4) "Individual" means a natural person;

(5) "Medical information" means any individually identifiable information, in electronic or physical form, regarding the individual's medical history or medical treatment or diagnosis by a healthcare professional;

(6) "Owns or licenses" includes, but is not limited to, personal information that a business retains as part of the internal customer account of the business or for the purpose of using the information in transactions with the person to whom the information relates;

(7) "Personal information" means an individual's first name or first initial and his or her last name in combination with any one (1) or more of the following data elements when either the name or the data element is not encrypted or redacted: (A) Social Security number; (B) Driver's license number or Arkansas identification card number; (C) Account number, credit card number, or debit card number in combination with any required security code, access code, or password that would permit access to an individual's financial account; (D) Medical information; and (E) (i) Biometric data. (ii) As used in this subdivision (7)(E), "biometric data" means data generated by automatic measurements of an individual's biological characteristics, including without limitation: (a) Fingerprints; (b) Faceprint; (c) A retinal or iris scan; (d) Hand geometry; (e) Voiceprint analysis; (f) Deoxyribonucleic acid (DNA); or (g) Any other unique biological characteristics of an individual if the characteristics are used by the owner or licensee to uniquely authenticate the individual's identity when the individual accesses a system or account;

(A) Social Security number;

(B) Driver's license number or Arkansas identification card number;

(C) Account number, credit card number, or debit card number in combination with any required security code, access code, or password that would permit access to an individual's financial account;

(D) Medical information; and

(E) (i) Biometric data. (ii) As used in this subdivision (7)(E), "biometric data" means data generated by automatic measurements of an individual's biological characteristics, including without limitation: (a) Fingerprints; (b) Faceprint; (c) A retinal or iris scan; (d) Hand geometry; (e) Voiceprint analysis; (f) Deoxyribonucleic acid (DNA); or (g) Any other unique biological characteristics of an individual if the characteristics are used by the owner or licensee to uniquely authenticate the individual's identity when the individual accesses a system or account;

(i) Biometric data.

(ii) As used in this subdivision (7)(E), "biometric data" means data generated by automatic measurements of an individual's biological characteristics, including without limitation: (a) Fingerprints; (b) Faceprint; (c) A retinal or iris scan; (d) Hand geometry; (e) Voiceprint analysis; (f) Deoxyribonucleic acid (DNA); or (g) Any other unique biological characteristics of an individual if the characteristics are used by the owner or licensee to uniquely authenticate the individual's identity when the individual accesses a system or account;

(a) Fingerprints;

(b) Faceprint;

(c) A retinal or iris scan;

(d) Hand geometry;

(e) Voiceprint analysis;

(f) Deoxyribonucleic acid (DNA); or

(g) Any other unique biological characteristics of an individual if the characteristics are used by the owner or licensee to uniquely authenticate the individual's identity when the individual accesses a system or account;

(8) (A) "Records" means any material that contains sensitive personal information in electronic form. (B) "Records" does not include any publicly available directories containing information an individual has voluntarily consented to have publicly disseminated or listed, such as name, address, or telephone number; and

(A) "Records" means any material that contains sensitive personal information in electronic form.

(B) "Records" does not include any publicly available directories containing information an individual has voluntarily consented to have publicly disseminated or listed, such as name, address, or telephone number; and

(9) "State agencies" or "state agency" means any agency, institution, authority, department, board, commission, bureau, council, or other agency of the State of Arkansas supported by cash funds or the appropriation of state or federal funds.

Amended by Act 2019, No. 1030,§ 1, eff. 7/24/2019.

Acts 2005, No. 1526, § 1.
Ark. Code Ann. § 4-75-1006 — AR Code / Title 4 / Chapter 75 / Subchapter 10 / Section 4-75-1006
Civil remedies
Status: in_force

If a homeowner successfully files suit to obtain a remedy authorized by this subchapter, the homeowner shall recover: (1) The amount of the cost to repair the foundation, remediate any defects, and reconstruct the structural damage resulting from a defect in a single-family dwelling's foundation; and (2) Court costs and a reasonable attorney's fee. Added by Act 2015, No. 687,§ 1, eff. 7/22/2015.

If a homeowner successfully files suit to obtain a remedy authorized by this subchapter, the homeowner shall recover:

(1) The amount of the cost to repair the foundation, remediate any defects, and reconstruct the structural damage resulting from a defect in a single-family dwelling's foundation; and

(2) Court costs and a reasonable attorney's fee.

Added by Act 2015, No. 687,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 4-20-102 — AR Code / Title 4 / Chapter 20 / Section 4-20-102
Definitions
Status: in_force

In this chapter: (1) "Appointment of agent" means a statement appointing an agent for service of process filed by: (A) a domestic or foreign unincorporated nonprofit association under § 4-28-510 [repealed] of the Uniform Unincorporated Nonprofit Association Act [repealed]; or (B) a domestic entity that is not a filing entity or a nonqualified foreign entity under § 4-20-112 or a similar provision of the law under any jurisdiction. (2) "Commercial registered agent" means an individual or a domestic or foreign entity that is listed under § 4-20-106 . (3) "Domestic entity" means an entity whose internal affairs are governed by the law of this state. (4) "Entity" means a person that has a separate legal existence or has the power to acquire an interest in real property in its own name other than: (A) an individual; (B) a testamentary, inter vivos, or charitable trust, with the exception of a business trust, statutory trust, or similar trust; (C) an association or relationship that is not a partnership by reason of § 4-46-202(c) ; (D) a decedent's estate; or (E) a public corporation, government or governmental subdivision, agency, or instrumentality, or a quasi-governmental instrumentality. (5) "Filing entity" means an entity that is created by the filing of a public organic document. (6) "Foreign entity" means an entity other than a domestic entity. (7) "Foreign qualification document" means an application for a certificate of authority or other foreign qualification filing with the Secretary of State by a foreign entity. (8) "Governance interest" means the right under the organic law or organic rules of an entity, other than as a governor, agent, assignee, or proxy, to: (A) receive or demand access to information concerning, or the books and records of, the entity; (B) vote for the election of the governors of the entity; or (C) receive notice of or vote on any or all issues involving the internal affairs of the entity. (9) "Governor" means a person by or under whose authority the powers of an entity are exercised and under whose direction the business and affairs of the entity are managed pursuant to the organic law and organic rules of the entity. (10) "Interest" means: (A) a governance interest in an unincorporated entity; (B) a transferable interest in an unincorporated entity; or (C) a share or membership in a corporation. (11) "Interest holder" means a direct holder of an interest. (12) "Jurisdiction of organization," with respect to an entity, means the jurisdiction whose law includes the organic law of the entity. (13) "Noncommercial registered agent" means a person that is not listed as a commercial registered agent under § 4-20-106 and that is: (A) an individual or a domestic or foreign entity that serves in this state as the agent for service of process of an entity; or (B) the individual who holds the office or other position in an entity that is designated as the agent for service of process pursuant to § 4-20-105(a)(2)(B) . (14) "Nonqualified foreign entity" means a foreign entity that is not authorized to transact business in this state pursuant to a filing with the Secretary of State. (15) "Nonresident LLP statement" means: (A) a statement of qualification of a domestic limited liability partnership that does not have an office in this state; or (B) a statement of foreign qualification of a foreign limited liability partnership that does not have an office in this state. (16) "Organic law" means the statutes, if any, other than this chapter, governing the internal affairs of an entity. (17) "Organic rules" means the public organic document and private organic rules of an entity. (18) "Person" means an individual, corporation, estate, trust, partnership, limited liability company, business or similar trust, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (19) "Private organic rules" mean the rules, whether or not in a record, that govern the internal affairs of an entity, are binding on all of its interest holders, and are not part of its public organic document, if any. (20) "Public organic document" means the public record the filing of which creates an entity, and any amendment to or restatement of that record. (21) "Qualified foreign entity" means a foreign entity that is authorized to transact business in this state pursuant to a filing with the Secretary of State. (22) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (23) "Registered agent" means a commercial registered agent or a noncommercial registered agent. (24) "Registered agent filing" means: (A) the public organic document of a domestic filing entity; (B) a nonresident LLP statement; (C) a foreign qualification document; or (D) an appointment of agent. (25) "Represented entity" means: (A) a domestic filing entity; (B) a domestic or qualified foreign limited liability partnership that does not have an office in this state; (C) a qualified foreign entity; (D) a domestic or foreign unincorporated nonprofit association for which an appointment of agent has been filed; (E) a domestic entity that is not a filing entity for which an appointment of agent has been filed; or (F) a nonqualified foreign entity for which an appointment of agent has been filed. (26) "Sign" means, with present intent to authenticate or adopt a record: (A) to execute or adopt a tangible symbol; or (B) to attach to or logically associate with the record an electronic sound, symbol, or process. (27) "Transferable interest" means the right under an entity's organic law to receive distributions from the entity. (28) "Type," with respect to an entity, means a generic form of entity: (A) recognized at common law; or (B) organized under an organic law, whether or not some entities organized under that organic law are subject to provisions of that law that create different categories of the form of entity. Acts 2007, No. 638, § 1.

In this chapter:

(1) "Appointment of agent" means a statement appointing an agent for service of process filed by: (A) a domestic or foreign unincorporated nonprofit association under § 4-28-510 [repealed] of the Uniform Unincorporated Nonprofit Association Act [repealed]; or (B) a domestic entity that is not a filing entity or a nonqualified foreign entity under § 4-20-112 or a similar provision of the law under any jurisdiction.

(A) a domestic or foreign unincorporated nonprofit association under § 4-28-510 [repealed] of the Uniform Unincorporated Nonprofit Association Act [repealed]; or

(B) a domestic entity that is not a filing entity or a nonqualified foreign entity under § 4-20-112 or a similar provision of the law under any jurisdiction.

(2) "Commercial registered agent" means an individual or a domestic or foreign entity that is listed under § 4-20-106 .

(3) "Domestic entity" means an entity whose internal affairs are governed by the law of this state.

(4) "Entity" means a person that has a separate legal existence or has the power to acquire an interest in real property in its own name other than: (A) an individual; (B) a testamentary, inter vivos, or charitable trust, with the exception of a business trust, statutory trust, or similar trust; (C) an association or relationship that is not a partnership by reason of § 4-46-202(c) ; (D) a decedent's estate; or (E) a public corporation, government or governmental subdivision, agency, or instrumentality, or a quasi-governmental instrumentality.

(A) an individual;

(B) a testamentary, inter vivos, or charitable trust, with the exception of a business trust, statutory trust, or similar trust;

(C) an association or relationship that is not a partnership by reason of § 4-46-202(c) ;

(D) a decedent's estate; or

(E) a public corporation, government or governmental subdivision, agency, or instrumentality, or a quasi-governmental instrumentality.

(5) "Filing entity" means an entity that is created by the filing of a public organic document.

(6) "Foreign entity" means an entity other than a domestic entity.

(7) "Foreign qualification document" means an application for a certificate of authority or other foreign qualification filing with the Secretary of State by a foreign entity.

(8) "Governance interest" means the right under the organic law or organic rules of an entity, other than as a governor, agent, assignee, or proxy, to: (A) receive or demand access to information concerning, or the books and records of, the entity; (B) vote for the election of the governors of the entity; or (C) receive notice of or vote on any or all issues involving the internal affairs of the entity.

(A) receive or demand access to information concerning, or the books and records of, the entity;

(B) vote for the election of the governors of the entity; or

(C) receive notice of or vote on any or all issues involving the internal affairs of the entity.

(9) "Governor" means a person by or under whose authority the powers of an entity are exercised and under whose direction the business and affairs of the entity are managed pursuant to the organic law and organic rules of the entity.

(10) "Interest" means: (A) a governance interest in an unincorporated entity; (B) a transferable interest in an unincorporated entity; or (C) a share or membership in a corporation.

(A) a governance interest in an unincorporated entity;

(B) a transferable interest in an unincorporated entity; or

(C) a share or membership in a corporation.

(11) "Interest holder" means a direct holder of an interest.

(12) "Jurisdiction of organization," with respect to an entity, means the jurisdiction whose law includes the organic law of the entity.

(13) "Noncommercial registered agent" means a person that is not listed as a commercial registered agent under § 4-20-106 and that is: (A) an individual or a domestic or foreign entity that serves in this state as the agent for service of process of an entity; or (B) the individual who holds the office or other position in an entity that is designated as the agent for service of process pursuant to § 4-20-105(a)(2)(B) .

(A) an individual or a domestic or foreign entity that serves in this state as the agent for service of process of an entity; or

(B) the individual who holds the office or other position in an entity that is designated as the agent for service of process pursuant to § 4-20-105(a)(2)(B) .

(14) "Nonqualified foreign entity" means a foreign entity that is not authorized to transact business in this state pursuant to a filing with the Secretary of State.

(15) "Nonresident LLP statement" means: (A) a statement of qualification of a domestic limited liability partnership that does not have an office in this state; or (B) a statement of foreign qualification of a foreign limited liability partnership that does not have an office in this state.

(A) a statement of qualification of a domestic limited liability partnership that does not have an office in this state; or

(B) a statement of foreign qualification of a foreign limited liability partnership that does not have an office in this state.

(16) "Organic law" means the statutes, if any, other than this chapter, governing the internal affairs of an entity.

(17) "Organic rules" means the public organic document and private organic rules of an entity.

(18) "Person" means an individual, corporation, estate, trust, partnership, limited liability company, business or similar trust, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(19) "Private organic rules" mean the rules, whether or not in a record, that govern the internal affairs of an entity, are binding on all of its interest holders, and are not part of its public organic document, if any.

(20) "Public organic document" means the public record the filing of which creates an entity, and any amendment to or restatement of that record.

(21) "Qualified foreign entity" means a foreign entity that is authorized to transact business in this state pursuant to a filing with the Secretary of State.

(22) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(23) "Registered agent" means a commercial registered agent or a noncommercial registered agent.

(24) "Registered agent filing" means: (A) the public organic document of a domestic filing entity; (B) a nonresident LLP statement; (C) a foreign qualification document; or (D) an appointment of agent.

(A) the public organic document of a domestic filing entity;

(B) a nonresident LLP statement;

(C) a foreign qualification document; or

(D) an appointment of agent.

(25) "Represented entity" means: (A) a domestic filing entity; (B) a domestic or qualified foreign limited liability partnership that does not have an office in this state; (C) a qualified foreign entity; (D) a domestic or foreign unincorporated nonprofit association for which an appointment of agent has been filed; (E) a domestic entity that is not a filing entity for which an appointment of agent has been filed; or (F) a nonqualified foreign entity for which an appointment of agent has been filed.

(A) a domestic filing entity;

(B) a domestic or qualified foreign limited liability partnership that does not have an office in this state;

(C) a qualified foreign entity;

(D) a domestic or foreign unincorporated nonprofit association for which an appointment of agent has been filed;

(E) a domestic entity that is not a filing entity for which an appointment of agent has been filed; or

(F) a nonqualified foreign entity for which an appointment of agent has been filed.

(26) "Sign" means, with present intent to authenticate or adopt a record: (A) to execute or adopt a tangible symbol; or (B) to attach to or logically associate with the record an electronic sound, symbol, or process.

(A) to execute or adopt a tangible symbol; or

(B) to attach to or logically associate with the record an electronic sound, symbol, or process.

(27) "Transferable interest" means the right under an entity's organic law to receive distributions from the entity.

(28) "Type," with respect to an entity, means a generic form of entity: (A) recognized at common law; or (B) organized under an organic law, whether or not some entities organized under that organic law are subject to provisions of that law that create different categories of the form of entity.

(A) recognized at common law; or

(B) organized under an organic law, whether or not some entities organized under that organic law are subject to provisions of that law that create different categories of the form of entity.

Acts 2007, No. 638, § 1.
Ark. Code Ann. § 4-28-606 — AR Code / Title 4 / Chapter 28 / Subchapter 6 / Section 4-28-606
Ownership and transfer of property
Status: in_force

(a) An unincorporated nonprofit association may acquire, hold, encumber, or transfer in its name an interest in real or personal property. (b) An unincorporated nonprofit association may be a beneficiary of a trust or contract, a legatee or a devisee. Acts 2011, No. 202, § 2.

(a) An unincorporated nonprofit association may acquire, hold, encumber, or transfer in its name an interest in real or personal property.

(b) An unincorporated nonprofit association may be a beneficiary of a trust or contract, a legatee or a devisee.

Acts 2011, No. 202, § 2.
Ark. Code Ann. § 4-75-1111 — AR Code / Title 4 / Chapter 75 / Subchapter 11 / Section 4-75-1111
Exclusive remedies
Status: in_force

(a) Remedies granted by this subchapter shall constitute the exclusive basis for asserting a claim for the unauthorized commercial use of the name, voice, signature, photograph, or likeness of an individual. (b) Except as provided in this subchapter, a right of publicity in the use of the name, voice, signature, photograph, or likeness of an individual does not exist. Added by Act 2016EX3, No. 9,§ 1, eff. 8/22/2016. Added by Act 2016EX3, No. 8,§ 1, eff. 8/22/2016.

(a) Remedies granted by this subchapter shall constitute the exclusive basis for asserting a claim for the unauthorized commercial use of the name, voice, signature, photograph, or likeness of an individual.

(b) Except as provided in this subchapter, a right of publicity in the use of the name, voice, signature, photograph, or likeness of an individual does not exist.

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. § 4-33-302 — AR Code / Title 4 / Chapter 33 / Subchapter 3 / Section 4-33-302
General powers
Status: in_force

Unless its articles of incorporation provide otherwise, every corporation has perpetual duration and succession in its corporate name and has the same powers as an individual to do all things necessary or convenient to carry out its affairs including, without limitation, power: (1) to sue and be sued, complain and defend in its corporate names; (2) to have a corporate seal, which may be altered at will, and to use it, or a facsimile of it, by impressing or affixing or in any other manner reproducing it; (3) to make and amend bylaws not inconsistent with its articles of incorporation or with the laws of this state, for regulating and managing the affairs of the corporation; (4) to purchase, receive, lease, or otherwise acquire, and own, hold, improve, use, and otherwise deal with, real or personal property, or any legal or equitable interest in property, wherever located; (5) to sell, convey, mortgage, pledge, lease, exchange, and otherwise dispose of all or any part of its property; (6) to purchase, receive, subscribe for, or otherwise acquire, own, hold, vote, use, sell, mortgage, lend, pledge, or otherwise dispose of, and deal in and with, shares or other interests in, or obligations of any entity; (7) to make contracts and guaranties, incur liabilities, borrow money, issue notes, bonds, and other obligations, and secure any of its obligations by mortgage or pledge of any of its property, franchises, or income; (8) to lend money, invest and revest its funds, and receive and hold real and personal property as security for repayment, except as limited by § 4-33-832 ; (9) to be a promoter, partner, member, associate or manager of any partnership, joint venture, trust or other entity; (10) to conduct its activities, locate offices, and exercise the powers granted by this chapter within or without this state; (11) to elect or appoint directors, officers, employees, and agents of the corporation, define their duties, and fix their compensation; (12) to pay pensions and establish pension plans, pension trusts, and other benefit and incentive plans for any or all of its current or former directors, officers, employees, and agents; (13) to make donations not inconsistent with law for the public welfare or for charitable, religious, scientific, or educational purposes and for other purposes that further the corporate interest; (14) to impose dues, assessments, admission and transfer fees upon its members; (15) to establish conditions for admission of members, admit members and issue memberships; (16) to carry on a business; (17) to serve as a trustee of a trust in which it or an entity affiliated by common program or purpose has a beneficial interest; and (18) to do all things necessary or convenient, not inconsistent with law, to further the activities and affairs of the corporation. Acts 1993, No. 1147, § 302.

Unless its articles of incorporation provide otherwise, every corporation has perpetual duration and succession in its corporate name and has the same powers as an individual to do all things necessary or convenient to carry out its affairs including, without limitation, power:

(1) to sue and be sued, complain and defend in its corporate names;

(2) to have a corporate seal, which may be altered at will, and to use it, or a facsimile of it, by impressing or affixing or in any other manner reproducing it;

(3) to make and amend bylaws not inconsistent with its articles of incorporation or with the laws of this state, for regulating and managing the affairs of the corporation;

(4) to purchase, receive, lease, or otherwise acquire, and own, hold, improve, use, and otherwise deal with, real or personal property, or any legal or equitable interest in property, wherever located;

(5) to sell, convey, mortgage, pledge, lease, exchange, and otherwise dispose of all or any part of its property;

(6) to purchase, receive, subscribe for, or otherwise acquire, own, hold, vote, use, sell, mortgage, lend, pledge, or otherwise dispose of, and deal in and with, shares or other interests in, or obligations of any entity;

(7) to make contracts and guaranties, incur liabilities, borrow money, issue notes, bonds, and other obligations, and secure any of its obligations by mortgage or pledge of any of its property, franchises, or income;

(8) to lend money, invest and revest its funds, and receive and hold real and personal property as security for repayment, except as limited by § 4-33-832 ;

(9) to be a promoter, partner, member, associate or manager of any partnership, joint venture, trust or other entity;

(10) to conduct its activities, locate offices, and exercise the powers granted by this chapter within or without this state;

(11) to elect or appoint directors, officers, employees, and agents of the corporation, define their duties, and fix their compensation;

(12) to pay pensions and establish pension plans, pension trusts, and other benefit and incentive plans for any or all of its current or former directors, officers, employees, and agents;

(13) to make donations not inconsistent with law for the public welfare or for charitable, religious, scientific, or educational purposes and for other purposes that further the corporate interest;

(14) to impose dues, assessments, admission and transfer fees upon its members;

(15) to establish conditions for admission of members, admit members and issue memberships;

(16) to carry on a business;

(17) to serve as a trustee of a trust in which it or an entity affiliated by common program or purpose has a beneficial interest; and

(18) to do all things necessary or convenient, not inconsistent with law, to further the activities and affairs of the corporation.

Acts 1993, No. 1147, § 302.
Ark. Code Ann. § 4-37-501 — AR Code / Title 4 / Chapter 37 / Subchapter 5 / Section 4-37-501
Events causing dissolution of protected series
Status: in_force

A protected series of a series limited liability company is dissolved, and its activities and affairs must be wound up, only on the: (1) dissolution of the company; (2) occurrence of an event or circumstance the operating agreement states causes dissolution of the protected series; (3) affirmative vote or consent of all members; or (4) entry by the court of an order dissolving the protected series on application by an associated member or protected-series manager of the protected series: (A) in accordance with § 4-37-108 ; and (B) to the same extent, in the same manner, and on the same grounds the court would enter an order dissolving a limited liability company on application by a member or manager of the company; or (5) entry by the court of an order dissolving the protected series on application by the company or a member of the company on the ground that the conduct of all or substantially all the activities and affairs of the protected series is illegal. Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.

A protected series of a series limited liability company is dissolved, and its activities and affairs must be wound up, only on the:

(1) dissolution of the company;

(2) occurrence of an event or circumstance the operating agreement states causes dissolution of the protected series;

(3) affirmative vote or consent of all members; or

(4) entry by the court of an order dissolving the protected series on application by an associated member or protected-series manager of the protected series: (A) in accordance with § 4-37-108 ; and (B) to the same extent, in the same manner, and on the same grounds the court would enter an order dissolving a limited liability company on application by a member or manager of the company; or

(A) in accordance with § 4-37-108 ; and

(B) to the same extent, in the same manner, and on the same grounds the court would enter an order dissolving a limited liability company on application by a member or manager of the company; or

(5) entry by the court of an order dissolving the protected series on application by the company or a member of the company on the ground that the conduct of all or substantially all the activities and affairs of the protected series is illegal.

Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 4-20-110 — AR Code / Title 4 / Chapter 20 / Section 4-20-110
Change of name, address, or type of organization by commercial registered agent
Status: in_force

(a) If a commercial registered agent changes its name, its address as currently listed under § 4-20-106(a) , or its type or jurisdiction of organization, the agent shall file with the Secretary of State a statement of change signed by or on behalf of the agent which states: (1) the name of the agent as currently listed under § 4-20-106(a) ; (2) if the name of the agent has changed, its new name; (3) if the address of the agent has changed, the new address; and (4) if the type or jurisdiction of organization of the agent has changed, the new type or jurisdiction of organization. (b) The filing of a statement of change under subsection (a) is effective to change the information regarding the commercial registered agent with respect to each entity represented by the agent. (c) A statement of change filed under this section takes effect on filing. (d) A commercial registered agent shall promptly furnish each entity represented by it with notice in a record of the filing of a statement of change relating to the name or address of the agent and the changes made by the filing. (e) If a commercial registered agent changes its address without filing a statement of change as required by this section, the Secretary of State may cancel the listing of the agent under § 4-20-106 . A cancellation under this subsection has the same effect as a termination under § 4-20-107 . Promptly after canceling the listing of an agent, the Secretary of State shall serve notice in a record in the manner provided in § 4-20-113(b) or (c) on: (1) each entity represented by the agent, stating that the agent has ceased to be an agent for service of process on the entity and that, until the entity appoints a new registered agent, service of process may be made on the entity as provided in § 4-20-113 ; and (2) the agent, stating that the listing of the agent has been cancelled under this section. (f) The Secretary of State shall note the filing of the commercial registered agent change statement in the index of filings maintained by the Secretary of State for each entity represented by the registered agent at the time of the filing. Acts 2007, No. 638, § 1.

(a) If a commercial registered agent changes its name, its address as currently listed under § 4-20-106(a) , or its type or jurisdiction of organization, the agent shall file with the Secretary of State a statement of change signed by or on behalf of the agent which states: (1) the name of the agent as currently listed under § 4-20-106(a) ; (2) if the name of the agent has changed, its new name; (3) if the address of the agent has changed, the new address; and (4) if the type or jurisdiction of organization of the agent has changed, the new type or jurisdiction of organization.

(1) the name of the agent as currently listed under § 4-20-106(a) ;

(2) if the name of the agent has changed, its new name;

(3) if the address of the agent has changed, the new address; and

(4) if the type or jurisdiction of organization of the agent has changed, the new type or jurisdiction of organization.

(b) The filing of a statement of change under subsection (a) is effective to change the information regarding the commercial registered agent with respect to each entity represented by the agent.

(c) A statement of change filed under this section takes effect on filing.

(d) A commercial registered agent shall promptly furnish each entity represented by it with notice in a record of the filing of a statement of change relating to the name or address of the agent and the changes made by the filing.

(e) If a commercial registered agent changes its address without filing a statement of change as required by this section, the Secretary of State may cancel the listing of the agent under § 4-20-106 . A cancellation under this subsection has the same effect as a termination under § 4-20-107 . Promptly after canceling the listing of an agent, the Secretary of State shall serve notice in a record in the manner provided in § 4-20-113(b) or (c) on: (1) each entity represented by the agent, stating that the agent has ceased to be an agent for service of process on the entity and that, until the entity appoints a new registered agent, service of process may be made on the entity as provided in § 4-20-113 ; and (2) the agent, stating that the listing of the agent has been cancelled under this section.

(1) each entity represented by the agent, stating that the agent has ceased to be an agent for service of process on the entity and that, until the entity appoints a new registered agent, service of process may be made on the entity as provided in § 4-20-113 ; and

(2) the agent, stating that the listing of the agent has been cancelled under this section.

(f) The Secretary of State shall note the filing of the commercial registered agent change statement in the index of filings maintained by the Secretary of State for each entity represented by the registered agent at the time of the filing.

Acts 2007, No. 638, § 1.
Ark. Code Ann. § 4-47-209 — AR Code / Title 4 / Chapter 47 / Subchapter 2 / Section 4-47-209
Certificate of existence or authorization
Status: in_force

(a) The Secretary of State, upon request and payment of the requisite fee, shall furnish a certificate of existence for a limited partnership if the records filed in the office of the Secretary of State show that the Secretary of State has filed a certificate of limited partnership and has not filed a statement of termination. A certificate of existence must state: (1) the limited partnership's name; (2) that it was duly formed under the laws of this State and the date of formation; (3) whether all fees, taxes, and penalties due to the Secretary of State under this chapter or other law have been paid; (4) whether the limited partnership's most recent annual report required by § 4-47-210 has been filed by the Secretary of State; (5) whether the Secretary of State has administratively dissolved the limited partnership; (6) whether the limited partnership's certificate of limited partnership has been amended to state that the limited partnership is dissolved; (7) that a statement of termination has not been filed by the Secretary of State; and (8) other facts of record in the office of the Secretary of State which may be requested by the applicant. (b) The Secretary of State, upon request and payment of the requisite fee, shall furnish a certificate of authorization for a foreign limited partnership if the records filed in the office of the Secretary of State show that the Secretary of State has filed a certificate of authority, has not revoked the certificate of authority, and has not filed a notice of cancellation. A certificate of authorization must state: (1) the foreign limited partnership's name and any alternate name adopted under § 4-47-905(a) for use in this State; (2) that it is authorized to transact business in this State; (3) whether all fees, taxes, and penalties due to the Secretary of State under this chapter or other law have been paid; (4) whether the foreign limited partnership's most recent annual report required by § 4-47-210 has been filed by the Secretary of State; (5) that the Secretary of State has not revoked its certificate of authority and has not filed a notice of cancellation; and (6) other facts of record in the office of the Secretary of State which may be requested by the applicant. (c) Subject to any qualification stated in the certificate, a certificate of existence or authorization issued by the Secretary of State may be relied upon as conclusive evidence that the limited partnership or foreign limited partnership is in existence or is authorized to transact business in this State. Acts 2007, No. 15, § 1.

(a) The Secretary of State, upon request and payment of the requisite fee, shall furnish a certificate of existence for a limited partnership if the records filed in the office of the Secretary of State show that the Secretary of State has filed a certificate of limited partnership and has not filed a statement of termination. A certificate of existence must state: (1) the limited partnership's name; (2) that it was duly formed under the laws of this State and the date of formation; (3) whether all fees, taxes, and penalties due to the Secretary of State under this chapter or other law have been paid; (4) whether the limited partnership's most recent annual report required by § 4-47-210 has been filed by the Secretary of State; (5) whether the Secretary of State has administratively dissolved the limited partnership; (6) whether the limited partnership's certificate of limited partnership has been amended to state that the limited partnership is dissolved; (7) that a statement of termination has not been filed by the Secretary of State; and (8) other facts of record in the office of the Secretary of State which may be requested by the applicant.

(1) the limited partnership's name;

(2) that it was duly formed under the laws of this State and the date of formation;

(3) whether all fees, taxes, and penalties due to the Secretary of State under this chapter or other law have been paid;

(4) whether the limited partnership's most recent annual report required by § 4-47-210 has been filed by the Secretary of State;

(5) whether the Secretary of State has administratively dissolved the limited partnership;

(6) whether the limited partnership's certificate of limited partnership has been amended to state that the limited partnership is dissolved;

(7) that a statement of termination has not been filed by the Secretary of State; and

(8) other facts of record in the office of the Secretary of State which may be requested by the applicant.

(b) The Secretary of State, upon request and payment of the requisite fee, shall furnish a certificate of authorization for a foreign limited partnership if the records filed in the office of the Secretary of State show that the Secretary of State has filed a certificate of authority, has not revoked the certificate of authority, and has not filed a notice of cancellation. A certificate of authorization must state: (1) the foreign limited partnership's name and any alternate name adopted under § 4-47-905(a) for use in this State; (2) that it is authorized to transact business in this State; (3) whether all fees, taxes, and penalties due to the Secretary of State under this chapter or other law have been paid; (4) whether the foreign limited partnership's most recent annual report required by § 4-47-210 has been filed by the Secretary of State; (5) that the Secretary of State has not revoked its certificate of authority and has not filed a notice of cancellation; and (6) other facts of record in the office of the Secretary of State which may be requested by the applicant.

(1) the foreign limited partnership's name and any alternate name adopted under § 4-47-905(a) for use in this State;

(2) that it is authorized to transact business in this State;

(3) whether all fees, taxes, and penalties due to the Secretary of State under this chapter or other law have been paid;

(4) whether the foreign limited partnership's most recent annual report required by § 4-47-210 has been filed by the Secretary of State;

(5) that the Secretary of State has not revoked its certificate of authority and has not filed a notice of cancellation; and

(6) other facts of record in the office of the Secretary of State which may be requested by the applicant.

(c) Subject to any qualification stated in the certificate, a certificate of existence or authorization issued by the Secretary of State may be relied upon as conclusive evidence that the limited partnership or foreign limited partnership is in existence or is authorized to transact business in this State.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-112-106 — AR Code / Title 4 / Chapter 112 / Section 4-112-106
Consumer request for removal of security freeze
Status: in_force

(a) (1) A security freeze shall remain in place until the consumer requests that the security freeze be removed using a method of contact designated by the consumer reporting agency. (2) A consumer reporting agency shall remove a security freeze within three (3) business days of receiving a request for removal under subdivision (a)(1) of this section from a consumer who provides with the request: (A) Proper identification; and (B) The unique personal identification number or password provided by the consumer reporting agency under § 4-112-103(c)(2) . (b) A consumer reporting agency shall require proper identification of the consumer making a request to place or remove a security freeze. Acts 2007, No. 391, § 1; 2009, No. 223, § 1.

(a) (1) A security freeze shall remain in place until the consumer requests that the security freeze be removed using a method of contact designated by the consumer reporting agency. (2) A consumer reporting agency shall remove a security freeze within three (3) business days of receiving a request for removal under subdivision (a)(1) of this section from a consumer who provides with the request: (A) Proper identification; and (B) The unique personal identification number or password provided by the consumer reporting agency under § 4-112-103(c)(2) .

(1) A security freeze shall remain in place until the consumer requests that the security freeze be removed using a method of contact designated by the consumer reporting agency.

(2) A consumer reporting agency shall remove a security freeze within three (3) business days of receiving a request for removal under subdivision (a)(1) of this section from a consumer who provides with the request: (A) Proper identification; and (B) The unique personal identification number or password provided by the consumer reporting agency under § 4-112-103(c)(2) .

(A) Proper identification; and

(B) The unique personal identification number or password provided by the consumer reporting agency under § 4-112-103(c)(2) .

(b) A consumer reporting agency shall require proper identification of the consumer making a request to place or remove a security freeze.

Acts 2007, No. 391, § 1; 2009, No. 223, § 1.
Ark. Code Ann. § 4-28-103 — AR Code / Title 4 / Chapter 28 / Subchapter 1 / Section 4-28-103
Statutory life insurance beneficiaries
Status: in_force

(a) For the purposes of this section, "public funds" means all federal, state, county, municipal, or other funds received from any taxing unit. (b) (1) Nonprofit corporations shall not use public funds to purchase key-man life insurance as a form of deferred compensation. (2) The insured employee shall not receive any cash values or other benefits from the purchase of key-man life insurance with public funds. (3) Nonprofit corporations purchasing key-man life insurance with public funds shall not transfer ownership or any other rights under such policies directly or indirectly to the insured. (c) Nonprofit corporations violating subsection (b) of this section shall not be eligible to receive any public funds for a period of two (2) years from the date the violations are discovered. (d) (1) (A) Notwithstanding any other law or rule to the contrary, any religious, educational, charitable, or benevolent institution, organization, corporation, association, or trust, including, but not limited to, charitable remainder trusts, may be named beneficiary or owner, or both, of the policy or contract by any applicant for insurance upon his or her own life in any policy of life insurance issued by any life insurance company authorized to do business in this state or in the state of domicile of the applicant for insurance. (B) The applicant for insurance shall be deemed to have an unlimited insurable interest in his or her own life and is entitled to name any of the institutions as beneficiary of the insurance, and the beneficiaries or owners, or both, shall have the right to receive all death benefits provided for by the policy and to exercise the rights of ownership if granted ownership. (2) As to any life insurance policies heretofore issued by insurers naming any of the aforementioned institutions as beneficiaries or owners, or both, if the applicant for insurance was also the insured, the beneficiaries or owners, or both, shall be entitled to receive all death benefits provided by the policy and to exercise the rights of ownership if granted ownership. Amended by Act 2019, No. 315,§ 109, eff. 7/24/2019. Acts 1987, No. 240, §§ 1-3; 1993, No. 1147, § 1803.

(a) For the purposes of this section, "public funds" means all federal, state, county, municipal, or other funds received from any taxing unit.

(b) (1) Nonprofit corporations shall not use public funds to purchase key-man life insurance as a form of deferred compensation. (2) The insured employee shall not receive any cash values or other benefits from the purchase of key-man life insurance with public funds. (3) Nonprofit corporations purchasing key-man life insurance with public funds shall not transfer ownership or any other rights under such policies directly or indirectly to the insured.

(1) Nonprofit corporations shall not use public funds to purchase key-man life insurance as a form of deferred compensation.

(2) The insured employee shall not receive any cash values or other benefits from the purchase of key-man life insurance with public funds.

(3) Nonprofit corporations purchasing key-man life insurance with public funds shall not transfer ownership or any other rights under such policies directly or indirectly to the insured.

(c) Nonprofit corporations violating subsection (b) of this section shall not be eligible to receive any public funds for a period of two (2) years from the date the violations are discovered.

(d) (1) (A) Notwithstanding any other law or rule to the contrary, any religious, educational, charitable, or benevolent institution, organization, corporation, association, or trust, including, but not limited to, charitable remainder trusts, may be named beneficiary or owner, or both, of the policy or contract by any applicant for insurance upon his or her own life in any policy of life insurance issued by any life insurance company authorized to do business in this state or in the state of domicile of the applicant for insurance. (B) The applicant for insurance shall be deemed to have an unlimited insurable interest in his or her own life and is entitled to name any of the institutions as beneficiary of the insurance, and the beneficiaries or owners, or both, shall have the right to receive all death benefits provided for by the policy and to exercise the rights of ownership if granted ownership. (2) As to any life insurance policies heretofore issued by insurers naming any of the aforementioned institutions as beneficiaries or owners, or both, if the applicant for insurance was also the insured, the beneficiaries or owners, or both, shall be entitled to receive all death benefits provided by the policy and to exercise the rights of ownership if granted ownership.

(1) (A) Notwithstanding any other law or rule to the contrary, any religious, educational, charitable, or benevolent institution, organization, corporation, association, or trust, including, but not limited to, charitable remainder trusts, may be named beneficiary or owner, or both, of the policy or contract by any applicant for insurance upon his or her own life in any policy of life insurance issued by any life insurance company authorized to do business in this state or in the state of domicile of the applicant for insurance. (B) The applicant for insurance shall be deemed to have an unlimited insurable interest in his or her own life and is entitled to name any of the institutions as beneficiary of the insurance, and the beneficiaries or owners, or both, shall have the right to receive all death benefits provided for by the policy and to exercise the rights of ownership if granted ownership.

(A) Notwithstanding any other law or rule to the contrary, any religious, educational, charitable, or benevolent institution, organization, corporation, association, or trust, including, but not limited to, charitable remainder trusts, may be named beneficiary or owner, or both, of the policy or contract by any applicant for insurance upon his or her own life in any policy of life insurance issued by any life insurance company authorized to do business in this state or in the state of domicile of the applicant for insurance.

(B) The applicant for insurance shall be deemed to have an unlimited insurable interest in his or her own life and is entitled to name any of the institutions as beneficiary of the insurance, and the beneficiaries or owners, or both, shall have the right to receive all death benefits provided for by the policy and to exercise the rights of ownership if granted ownership.

(2) As to any life insurance policies heretofore issued by insurers naming any of the aforementioned institutions as beneficiaries or owners, or both, if the applicant for insurance was also the insured, the beneficiaries or owners, or both, shall be entitled to receive all death benefits provided by the policy and to exercise the rights of ownership if granted ownership.

Amended by Act 2019, No. 315,§ 109, eff. 7/24/2019.

Acts 1987, No. 240, §§ 1-3; 1993, No. 1147, § 1803.
Ark. Code Ann. § 4-18-319 — AR Code / Title 4 / Chapter 18 / Subchapter 3 / Section 4-18-319
Information required on packages
Status: in_force

Except as otherwise provided in this subchapter or by regulations promulgated pursuant thereto, any package, whether a random package or a standard package, kept for the purpose of sale, or offered or exposed for sale shall bear on the outside of the package a definite, plain, and conspicuous declaration of: (a) the identity of the commodity in the package, unless the same can easily be identified through the wrapper or container; (b) the quantity of contents in terms of weight, measure, or count; and (c) the name and place of business of the manufacturer, packer, or distributor, in the case of any package kept, offered, or exposed for sale, or sold in any place other than on the premises where packed. Acts 2001, No. 587, § 19.

Except as otherwise provided in this subchapter or by regulations promulgated pursuant thereto, any package, whether a random package or a standard package, kept for the purpose of sale, or offered or exposed for sale shall bear on the outside of the package a definite, plain, and conspicuous declaration of:

(a) the identity of the commodity in the package, unless the same can easily be identified through the wrapper or container;

(b) the quantity of contents in terms of weight, measure, or count; and

(c) the name and place of business of the manufacturer, packer, or distributor, in the case of any package kept, offered, or exposed for sale, or sold in any place other than on the premises where packed.

Acts 2001, No. 587, § 19.
Ark. Code Ann. § 4-37-202 — AR Code / Title 4 / Chapter 37 / Subchapter 2 / Section 4-37-202
Name
Status: in_force

(a) Except as otherwise provided in subsection (b), the name of a protected series must comply with § 4-38-112 . (b) The name of a protected series of a series limited liability company must: (1) begin with the name of the company, including any word or abbreviation required by § 4-38-112 ; and (2) contain the phrase "Protected Series" or "protected series" or the abbreviation "P.S." or "PS". (c) If a series limited liability company changes its name, the company shall deliver to the Secretary of State for filing a statement of designation change for each of the company's protected series, changing the name of each protected series to comply with this section. (d) If a limited liability company is dissolved, administratively or otherwise, the name is available for use by another formed limited liability company, and the dissolved company would be required, upon reinstatement, to use a new name if the prior name was taken. Amended by Act 2021, No. 1041,§ 12, eff. 7/28/2021. Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.

(a) Except as otherwise provided in subsection (b), the name of a protected series must comply with § 4-38-112 .

(b) The name of a protected series of a series limited liability company must: (1) begin with the name of the company, including any word or abbreviation required by § 4-38-112 ; and (2) contain the phrase "Protected Series" or "protected series" or the abbreviation "P.S." or "PS".

(1) begin with the name of the company, including any word or abbreviation required by § 4-38-112 ; and

(2) contain the phrase "Protected Series" or "protected series" or the abbreviation "P.S." or "PS".

(c) If a series limited liability company changes its name, the company shall deliver to the Secretary of State for filing a statement of designation change for each of the company's protected series, changing the name of each protected series to comply with this section.

(d) If a limited liability company is dissolved, administratively or otherwise, the name is available for use by another formed limited liability company, and the dissolved company would be required, upon reinstatement, to use a new name if the prior name was taken.

Amended by Act 2021, No. 1041,§ 12, eff. 7/28/2021.

Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 4-90-508 — AR Code / Title 4 / Chapter 90 / Subchapter 5 / Section 4-90-508
[Repealed]
Status: repealed

Repealed by Act 2017, No. 364,§ 5, eff. 8/1/2017. Acts 1993, No. 805, § 7.

Repealed by Act 2017, No. 364,§ 5, eff. 8/1/2017.

Acts 1993, No. 805, § 7.
Ark. Code Ann. § 4-47-103 — AR Code / Title 4 / Chapter 47 / Subchapter 1 / Section 4-47-103
Knowledge and notice
Status: in_force

(a) A person knows a fact if the person has actual knowledge of it. (b) A person has notice of a fact if the person: (1) knows of it; (2) has received a notification of it; (3) has reason to know it exists from all of the facts known to the person at the time in question; or (4) has notice of it under subsection (c) or (d). (c) A certificate of limited partnership on file in the office of the Secretary of State is notice that the partnership is a limited partnership and the persons designated in the certificate as general partners are general partners. Except as otherwise provided in subsection (d), the certificate is not notice of any other fact. (d) A person has notice of: (1) another person's dissociation as a general partner, 90 days after the effective date of an amendment to the certificate of limited partnership which states that the other person has dissociated or 90 days after the effective date of a statement of dissociation pertaining to the other person, whichever occurs first; (2) a limited partnership's dissolution, 90 days after the effective date of an amendment to the certificate of limited partnership stating that the limited partnership is dissolved; (3) a limited partnership's termination, 90 days after the effective date of a statement of termination; (4) a limited partnership's conversion under subchapter 11, 90 days after the effective date of the articles of conversion; or (5) a merger under subchapter 11, 90 days after the effective date of the articles of merger. (e) A person notifies or gives a notification to another person by taking steps reasonably required to inform the other person in ordinary course, whether or not the other person learns of it. (f) A person receives a notification when the notification: (1) comes to the person's attention; or (2) is delivered at the person's place of business or at any other place held out by the person as a place for receiving communications. (g) Except as otherwise provided in subsection (h), a person other than an individual knows, has notice, or receives a notification of a fact for purposes of a particular transaction when the individual conducting the transaction for the person knows, has notice, or receives a notification of the fact, or in any event when the fact would have been brought to the individual's attention if the person had exercised reasonable diligence. A person other than an individual exercises reasonable diligence if it maintains reasonable routines for communicating significant information to the individual conducting the transaction for the person and there is reasonable compliance with the routines. Reasonable diligence does not require an individual acting for the person to communicate information unless the communication is part of the individual's regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information. (h) A general partner's knowledge, notice, or receipt of a notification of a fact relating to the limited partnership is effective immediately as knowledge of, notice to, or receipt of a notification by the limited partnership, except in the case of a fraud on the limited partnership committed by or with the consent of the general partner. A limited partner's knowledge, notice, or receipt of a notification of a fact relating to the limited partnership is not effective as knowledge of, notice to, or receipt of a notification by the limited partnership. Acts 2007, No. 15, § 1.

(a) A person knows a fact if the person has actual knowledge of it.

(b) A person has notice of a fact if the person: (1) knows of it; (2) has received a notification of it; (3) has reason to know it exists from all of the facts known to the person at the time in question; or (4) has notice of it under subsection (c) or (d).

(1) knows of it;

(2) has received a notification of it;

(3) has reason to know it exists from all of the facts known to the person at the time in question; or

(4) has notice of it under subsection (c) or (d).

(c) A certificate of limited partnership on file in the office of the Secretary of State is notice that the partnership is a limited partnership and the persons designated in the certificate as general partners are general partners. Except as otherwise provided in subsection (d), the certificate is not notice of any other fact.

(d) A person has notice of: (1) another person's dissociation as a general partner, 90 days after the effective date of an amendment to the certificate of limited partnership which states that the other person has dissociated or 90 days after the effective date of a statement of dissociation pertaining to the other person, whichever occurs first; (2) a limited partnership's dissolution, 90 days after the effective date of an amendment to the certificate of limited partnership stating that the limited partnership is dissolved; (3) a limited partnership's termination, 90 days after the effective date of a statement of termination; (4) a limited partnership's conversion under subchapter 11, 90 days after the effective date of the articles of conversion; or (5) a merger under subchapter 11, 90 days after the effective date of the articles of merger.

(1) another person's dissociation as a general partner, 90 days after the effective date of an amendment to the certificate of limited partnership which states that the other person has dissociated or 90 days after the effective date of a statement of dissociation pertaining to the other person, whichever occurs first;

(2) a limited partnership's dissolution, 90 days after the effective date of an amendment to the certificate of limited partnership stating that the limited partnership is dissolved;

(3) a limited partnership's termination, 90 days after the effective date of a statement of termination;

(4) a limited partnership's conversion under subchapter 11, 90 days after the effective date of the articles of conversion; or

(5) a merger under subchapter 11, 90 days after the effective date of the articles of merger.

(e) A person notifies or gives a notification to another person by taking steps reasonably required to inform the other person in ordinary course, whether or not the other person learns of it.

(f) A person receives a notification when the notification: (1) comes to the person's attention; or (2) is delivered at the person's place of business or at any other place held out by the person as a place for receiving communications.

(1) comes to the person's attention; or

(2) is delivered at the person's place of business or at any other place held out by the person as a place for receiving communications.

(g) Except as otherwise provided in subsection (h), a person other than an individual knows, has notice, or receives a notification of a fact for purposes of a particular transaction when the individual conducting the transaction for the person knows, has notice, or receives a notification of the fact, or in any event when the fact would have been brought to the individual's attention if the person had exercised reasonable diligence. A person other than an individual exercises reasonable diligence if it maintains reasonable routines for communicating significant information to the individual conducting the transaction for the person and there is reasonable compliance with the routines. Reasonable diligence does not require an individual acting for the person to communicate information unless the communication is part of the individual's regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information.

(h) A general partner's knowledge, notice, or receipt of a notification of a fact relating to the limited partnership is effective immediately as knowledge of, notice to, or receipt of a notification by the limited partnership, except in the case of a fraud on the limited partnership committed by or with the consent of the general partner. A limited partner's knowledge, notice, or receipt of a notification of a fact relating to the limited partnership is not effective as knowledge of, notice to, or receipt of a notification by the limited partnership.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-28-306 — AR Code / Title 4 / Chapter 28 / Subchapter 3 / Section 4-28-306
Domestic corporations - Certificate of merger or consolidation - Merger or consolidation effected upon issuance
Status: in_force

(a) Upon the issuance of the certificate of merger or the certificate of consolidation by the Secretary of State, the merger or consolidation of domestic corporations shall be effected. (b) The certificate of merger or certificate of consolidation, together with the copy of the articles of merger or articles of consolidation affixed thereto by the Secretary of State, shall be returned to the surviving or new corporation, as the case may be, or its representative. Acts 1983, No. 614, §§ 4, 5; A.S.A. 1947, §§ 64-1928, 64-1929.

(a) Upon the issuance of the certificate of merger or the certificate of consolidation by the Secretary of State, the merger or consolidation of domestic corporations shall be effected.

(b) The certificate of merger or certificate of consolidation, together with the copy of the articles of merger or articles of consolidation affixed thereto by the Secretary of State, shall be returned to the surviving or new corporation, as the case may be, or its representative.

Acts 1983, No. 614, §§ 4, 5; A.S.A. 1947, §§ 64-1928, 64-1929.
Ark. Code Ann. § 4-20-112 — AR Code / Title 4 / Chapter 20 / Section 4-20-112
Appointment of agent by nonfiling or nonqualified foreign entity
Status: in_force

(a) A domestic entity that is not a filing entity or a nonqualified foreign entity may file with the Secretary of State a statement appointing an agent for service of process signed on behalf of the entity which states: (1) the name, type, and jurisdiction of organization of the entity; and (2) the information required by § 4-20-105(a) . (b) A statement appointing an agent for service of process takes effect on filing. (c) The appointment of a registered agent under this section does not qualify a nonqualified foreign entity to do business in this state and is not sufficient alone to create personal jurisdiction over the nonqualified foreign entity in this state. (d) A statement appointing an agent for service of process may not be rejected for filing because the name of the entity filing the statement is not distinguishable on the records of the Secretary of State from the name of another entity appearing in those records. The filing of a statement appointing an agent for service of process does not make the name of the entity filing the statement unavailable for use by another entity. (e) An entity that has filed a statement appointing an agent for service of process may cancel the statement by filing a statement of cancellation, which shall take effect upon filing, and must state the name of the entity and that the entity is canceling its appointment of an agent for service of process in this state. A statement appointing an agent for service of process which has not been cancelled earlier is effective for a period of five (5) years after the date of filing. (f) A statement appointing an agent for service of process for a nonqualified foreign entity terminates automatically on the date the entity becomes a qualified foreign entity. Acts 2007, No. 638, § 1.

(a) A domestic entity that is not a filing entity or a nonqualified foreign entity may file with the Secretary of State a statement appointing an agent for service of process signed on behalf of the entity which states: (1) the name, type, and jurisdiction of organization of the entity; and (2) the information required by § 4-20-105(a) .

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

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

(b) A statement appointing an agent for service of process takes effect on filing.

(c) The appointment of a registered agent under this section does not qualify a nonqualified foreign entity to do business in this state and is not sufficient alone to create personal jurisdiction over the nonqualified foreign entity in this state.

(d) A statement appointing an agent for service of process may not be rejected for filing because the name of the entity filing the statement is not distinguishable on the records of the Secretary of State from the name of another entity appearing in those records. The filing of a statement appointing an agent for service of process does not make the name of the entity filing the statement unavailable for use by another entity.

(e) An entity that has filed a statement appointing an agent for service of process may cancel the statement by filing a statement of cancellation, which shall take effect upon filing, and must state the name of the entity and that the entity is canceling its appointment of an agent for service of process in this state. A statement appointing an agent for service of process which has not been cancelled earlier is effective for a period of five (5) years after the date of filing.

(f) A statement appointing an agent for service of process for a nonqualified foreign entity terminates automatically on the date the entity becomes a qualified foreign entity.

Acts 2007, No. 638, § 1.
Ark. Code Ann. § 4-91-105 — AR Code / Title 4 / Chapter 91 / Subchapter 1 / Section 4-91-105
[Repealed]
Status: repealed

Repealed by Act 2017, No. 944,§ 6, eff. 8/1/2017. Acts 1987, No. 321, § 9.

Repealed by Act 2017, No. 944,§ 6, eff. 8/1/2017.

Acts 1987, No. 321, § 9.
Ark. Code Ann. § 4-47-807 — AR Code / Title 4 / Chapter 47 / Subchapter 8 / Section 4-47-807
Other claims against dissolved limited partnership
Status: in_force

(a) A dissolved limited partnership may publish notice of its dissolution and request persons having claims against the limited partnership to present them in accordance with the notice. (b) The notice must: (1) be published at least once in a newspaper of general circulation in the county in which the dissolved limited partnership's designated office is located or, if it has none in this State, in the county in which the limited partnership's designated office is or was last located; (2) describe the information required to be contained in a claim and provide a mailing address to which the claim is to be sent; (3) state that a claim against the limited partnership is barred unless an action to enforce the claim is commenced within five years after publication of the notice; and (4) unless the limited partnership has been throughout its existence a limited liability limited partnership, state that the barring of a claim against the limited partnership will also bar any corresponding claim against any general partner or person dissociated as a general partner which is based on § 4-47-404 . (c) If a dissolved limited partnership publishes a notice in accordance with subsection (b), the claim of each of the following claimants is barred unless the claimant commences an action to enforce the claim against the dissolved limited partnership within five years after the publication date of the notice: (1) a claimant that did not receive notice in a record under § 4-47-806 ; (2) a claimant whose claim was timely sent to the dissolved limited partnership but not acted on; and (3) a claimant whose claim is contingent or based on an event occurring after the effective date of dissolution. (d) A claim not barred under this section may be enforced: (1) against the dissolved limited partnership, to the extent of its undistributed assets; (2) if the assets have been distributed in liquidation, against a partner or transferee to the extent of that person's proportionate share of the claim or the limited partnership's assets distributed to the partner or transferee in liquidation, whichever is less, but a person's total liability for all claims under this paragraph does not exceed the total amount of assets distributed to the person as part of the winding up of the dissolved limited partnership; or (3) against any person liable on the claim under § 4-47-404 . Acts 2007, No. 15, § 1; 2009, No. 814, § 13.

(a) A dissolved limited partnership may publish notice of its dissolution and request persons having claims against the limited partnership to present them in accordance with the notice.

(b) The notice must: (1) be published at least once in a newspaper of general circulation in the county in which the dissolved limited partnership's designated office is located or, if it has none in this State, in the county in which the limited partnership's designated office is or was last located; (2) describe the information required to be contained in a claim and provide a mailing address to which the claim is to be sent; (3) state that a claim against the limited partnership is barred unless an action to enforce the claim is commenced within five years after publication of the notice; and (4) unless the limited partnership has been throughout its existence a limited liability limited partnership, state that the barring of a claim against the limited partnership will also bar any corresponding claim against any general partner or person dissociated as a general partner which is based on § 4-47-404 .

(1) be published at least once in a newspaper of general circulation in the county in which the dissolved limited partnership's designated office is located or, if it has none in this State, in the county in which the limited partnership's designated office is or was last located;

(2) describe the information required to be contained in a claim and provide a mailing address to which the claim is to be sent;

(3) state that a claim against the limited partnership is barred unless an action to enforce the claim is commenced within five years after publication of the notice; and

(4) unless the limited partnership has been throughout its existence a limited liability limited partnership, state that the barring of a claim against the limited partnership will also bar any corresponding claim against any general partner or person dissociated as a general partner which is based on § 4-47-404 .

(c) If a dissolved limited partnership publishes a notice in accordance with subsection (b), the claim of each of the following claimants is barred unless the claimant commences an action to enforce the claim against the dissolved limited partnership within five years after the publication date of the notice: (1) a claimant that did not receive notice in a record under § 4-47-806 ; (2) a claimant whose claim was timely sent to the dissolved limited partnership but not acted on; and (3) a claimant whose claim is contingent or based on an event occurring after the effective date of dissolution.

(1) a claimant that did not receive notice in a record under § 4-47-806 ;

(2) a claimant whose claim was timely sent to the dissolved limited partnership but not acted on; and

(3) a claimant whose claim is contingent or based on an event occurring after the effective date of dissolution.

(d) A claim not barred under this section may be enforced: (1) against the dissolved limited partnership, to the extent of its undistributed assets; (2) if the assets have been distributed in liquidation, against a partner or transferee to the extent of that person's proportionate share of the claim or the limited partnership's assets distributed to the partner or transferee in liquidation, whichever is less, but a person's total liability for all claims under this paragraph does not exceed the total amount of assets distributed to the person as part of the winding up of the dissolved limited partnership; or (3) against any person liable on the claim under § 4-47-404 .

(1) against the dissolved limited partnership, to the extent of its undistributed assets;

(2) if the assets have been distributed in liquidation, against a partner or transferee to the extent of that person's proportionate share of the claim or the limited partnership's assets distributed to the partner or transferee in liquidation, whichever is less, but a person's total liability for all claims under this paragraph does not exceed the total amount of assets distributed to the person as part of the winding up of the dissolved limited partnership; or

(3) against any person liable on the claim under § 4-47-404 .

Acts 2007, No. 15, § 1; 2009, No. 814, § 13.
Ark. Code Ann. § 4-75-701 — AR Code / Title 4 / Chapter 75 / Subchapter 7 / Section 4-75-701
Title
Status: in_force

This subchapter shall be known and may be cited as the "Unfair Cigarette Sales Act". Acts 1951, No. 101, § 1; A.S.A. 1947, § 70-601.

This subchapter shall be known and may be cited as the "Unfair Cigarette Sales Act".

Acts 1951, No. 101, § 1; A.S.A. 1947, § 70-601.
Ark. Code Ann. § 4-38-701 — AR Code / Title 4 / Chapter 38 / Subchapter 7 / Section 4-38-701
Events causing dissolution
Status: in_force

(a) A limited liability company is dissolved, and its activities and affairs must be wound up, upon the occurrence of any of the following: (1) an event or circumstance that the operating agreement states causes dissolution; (2) the affirmative vote or consent of all the members; (3) the passage of 90 consecutive days during which the company has no members unless before the end of the period: (A) consent to admit at least one specified person as a member is given by transferees owning the rights to receive a majority of distributions as transferees at the time the consent is to be effective; and (B) at least one person becomes a member in accordance with the consent; (4) on application by a member, the entry by the circuit court of an order dissolving the company on the grounds that: (A) the conduct of all or substantially all the company's activities and affairs is unlawful; (B) it is not reasonably practicable to carry on the company's activities and affairs in conformity with the certificate of organization and the operating agreement; or (C) the managers or those members in control of the company: (i) have acted, are acting, or will act in a manner that is illegal or fraudulent; or (ii) have acted or are acting in a manner that is oppressive and was, is, or will be directly harmful to the applicant; or (5) the signing and filing of a statement of administrative dissolution by the Secretary of State under § 4-38-708 . (b) In a proceeding brought under subsection (a)(4)(C), the court may order a remedy other than dissolution. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

(a) A limited liability company is dissolved, and its activities and affairs must be wound up, upon the occurrence of any of the following: (1) an event or circumstance that the operating agreement states causes dissolution; (2) the affirmative vote or consent of all the members; (3) the passage of 90 consecutive days during which the company has no members unless before the end of the period: (A) consent to admit at least one specified person as a member is given by transferees owning the rights to receive a majority of distributions as transferees at the time the consent is to be effective; and (B) at least one person becomes a member in accordance with the consent; (4) on application by a member, the entry by the circuit court of an order dissolving the company on the grounds that: (A) the conduct of all or substantially all the company's activities and affairs is unlawful; (B) it is not reasonably practicable to carry on the company's activities and affairs in conformity with the certificate of organization and the operating agreement; or (C) the managers or those members in control of the company: (i) have acted, are acting, or will act in a manner that is illegal or fraudulent; or (ii) have acted or are acting in a manner that is oppressive and was, is, or will be directly harmful to the applicant; or (5) the signing and filing of a statement of administrative dissolution by the Secretary of State under § 4-38-708 .

(1) an event or circumstance that the operating agreement states causes dissolution;

(2) the affirmative vote or consent of all the members;

(3) the passage of 90 consecutive days during which the company has no members unless before the end of the period: (A) consent to admit at least one specified person as a member is given by transferees owning the rights to receive a majority of distributions as transferees at the time the consent is to be effective; and (B) at least one person becomes a member in accordance with the consent;

(A) consent to admit at least one specified person as a member is given by transferees owning the rights to receive a majority of distributions as transferees at the time the consent is to be effective; and

(B) at least one person becomes a member in accordance with the consent;

(4) on application by a member, the entry by the circuit court of an order dissolving the company on the grounds that: (A) the conduct of all or substantially all the company's activities and affairs is unlawful; (B) it is not reasonably practicable to carry on the company's activities and affairs in conformity with the certificate of organization and the operating agreement; or (C) the managers or those members in control of the company: (i) have acted, are acting, or will act in a manner that is illegal or fraudulent; or (ii) have acted or are acting in a manner that is oppressive and was, is, or will be directly harmful to the applicant; or

(A) the conduct of all or substantially all the company's activities and affairs is unlawful;

(B) it is not reasonably practicable to carry on the company's activities and affairs in conformity with the certificate of organization and the operating agreement; or

(C) the managers or those members in control of the company: (i) have acted, are acting, or will act in a manner that is illegal or fraudulent; or (ii) have acted or are acting in a manner that is oppressive and was, is, or will be directly harmful to the applicant; or

(i) have acted, are acting, or will act in a manner that is illegal or fraudulent; or

(ii) have acted or are acting in a manner that is oppressive and was, is, or will be directly harmful to the applicant; or

(5) the signing and filing of a statement of administrative dissolution by the Secretary of State under § 4-38-708 .

(b) In a proceeding brought under subsection (a)(4)(C), the court may order a remedy other than dissolution.

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