Ark. Code Ann. § 4-75-501 — AR Code / Title 4 / Chapter 75 / Subchapter 5 / Section 4-75-501
Manufactured products, coal oil, or dressed beef
Status: in_force

(a) It is unlawful for any person, company, corporation, or association engaged in the sale of any manufactured product, coal oil, or dressed beef, to: (1) Sell any such manufactured product, coal oil, or dressed beef at a greater cash price at any place in this state than the person, company, corporation, or association sells the manufactured product, coal oil, or dressed beef at other points in this state, after making due allowance for difference in cost of carriage or other necessary cost; or (2) Willfully refuse or fail to allow to any person, corporation, or company making purchases of the manufactured product, coal oil, or dressed beef all rebates and discounts that are granted by them to other purchasers, for cash, of like quantities of the manufactured product, coal oil, or dressed beef. (b) This section does not apply to: (1) A discount or rebate that is offered without charge to all purchasers on an equal basis, regardless of whether the purchaser chooses to accept or fulfill any of the nonmonetary conditions for receiving the discount or rebate; or (2) A discount or rebate that is offered without charge to all members of a specified group, including without limitation senior citizens, students, or current or former members of the United States Armed Forces, if that group is not defined by race, color, sex, religion, or national origin of the purchaser. (c) (1) A person, company, corporation, or association that violates this section shall forfeit not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000) for each offense. (2) Each unlawful sale or refusal or failure to allow the rebate or discount constitutes a separate offense. (d) (1) The penalty in cases under this section is to be recovered by an action in the name of the person, company, corporation, or association damaged by the greater price or refusal of, or failure to allow, the rebate or discount or in the name of the state at the relation of any prosecuting attorney in this state. (2) (A) The moneys collected under subdivision (d)(1) of this section shall be paid to the person, company, corporation, or association bringing the suit. (B) If a suit is brought in the name of the state, one-fourth (¼) of the moneys collected shall be paid to the prosecuting attorney bringing the suit and three-fourths (¾) of the moneys collected shall be paid to the Public School Fund. (3) An action or suit under this section may be brought in any county in which the offense was committed by action at law or suit in equity in the circuit court. (4) (A) If a defendant is a person, corporation, or association, the service of summons upon the defendant in any county of this state shall be a sufficient service. (B) If the defendant is a corporation, the service of summons upon any agent of the corporation in this state shall be a lawful service. (5) Several offenses under this section may be joined in one (1) action or suit. Amended by Act 2017, No. 850,§ 2, eff. 4/3/2017. Acts 1903, No. 183, §§ 1-3, p. 349; C. & M. Dig., §§ 10324g-10324i; Pope's Dig., §§ 14304-14306; A.S.A. 1947, §§ 70-120 -- 70-122. See Act 2017, No. 850, § 3. See Act 2017, No. 850, § 1.

(a) It is unlawful for any person, company, corporation, or association engaged in the sale of any manufactured product, coal oil, or dressed beef, to: (1) Sell any such manufactured product, coal oil, or dressed beef at a greater cash price at any place in this state than the person, company, corporation, or association sells the manufactured product, coal oil, or dressed beef at other points in this state, after making due allowance for difference in cost of carriage or other necessary cost; or (2) Willfully refuse or fail to allow to any person, corporation, or company making purchases of the manufactured product, coal oil, or dressed beef all rebates and discounts that are granted by them to other purchasers, for cash, of like quantities of the manufactured product, coal oil, or dressed beef.

(1) Sell any such manufactured product, coal oil, or dressed beef at a greater cash price at any place in this state than the person, company, corporation, or association sells the manufactured product, coal oil, or dressed beef at other points in this state, after making due allowance for difference in cost of carriage or other necessary cost; or

(2) Willfully refuse or fail to allow to any person, corporation, or company making purchases of the manufactured product, coal oil, or dressed beef all rebates and discounts that are granted by them to other purchasers, for cash, of like quantities of the manufactured product, coal oil, or dressed beef.

(b) This section does not apply to: (1) A discount or rebate that is offered without charge to all purchasers on an equal basis, regardless of whether the purchaser chooses to accept or fulfill any of the nonmonetary conditions for receiving the discount or rebate; or (2) A discount or rebate that is offered without charge to all members of a specified group, including without limitation senior citizens, students, or current or former members of the United States Armed Forces, if that group is not defined by race, color, sex, religion, or national origin of the purchaser.

(1) A discount or rebate that is offered without charge to all purchasers on an equal basis, regardless of whether the purchaser chooses to accept or fulfill any of the nonmonetary conditions for receiving the discount or rebate; or

(2) A discount or rebate that is offered without charge to all members of a specified group, including without limitation senior citizens, students, or current or former members of the United States Armed Forces, if that group is not defined by race, color, sex, religion, or national origin of the purchaser.

(c) (1) A person, company, corporation, or association that violates this section shall forfeit not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000) for each offense. (2) Each unlawful sale or refusal or failure to allow the rebate or discount constitutes a separate offense.

(1) A person, company, corporation, or association that violates this section shall forfeit not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000) for each offense.

(2) Each unlawful sale or refusal or failure to allow the rebate or discount constitutes a separate offense.

(d) (1) The penalty in cases under this section is to be recovered by an action in the name of the person, company, corporation, or association damaged by the greater price or refusal of, or failure to allow, the rebate or discount or in the name of the state at the relation of any prosecuting attorney in this state. (2) (A) The moneys collected under subdivision (d)(1) of this section shall be paid to the person, company, corporation, or association bringing the suit. (B) If a suit is brought in the name of the state, one-fourth (¼) of the moneys collected shall be paid to the prosecuting attorney bringing the suit and three-fourths (¾) of the moneys collected shall be paid to the Public School Fund. (3) An action or suit under this section may be brought in any county in which the offense was committed by action at law or suit in equity in the circuit court. (4) (A) If a defendant is a person, corporation, or association, the service of summons upon the defendant in any county of this state shall be a sufficient service. (B) If the defendant is a corporation, the service of summons upon any agent of the corporation in this state shall be a lawful service. (5) Several offenses under this section may be joined in one (1) action or suit.

(1) The penalty in cases under this section is to be recovered by an action in the name of the person, company, corporation, or association damaged by the greater price or refusal of, or failure to allow, the rebate or discount or in the name of the state at the relation of any prosecuting attorney in this state.

(2) (A) The moneys collected under subdivision (d)(1) of this section shall be paid to the person, company, corporation, or association bringing the suit. (B) If a suit is brought in the name of the state, one-fourth (¼) of the moneys collected shall be paid to the prosecuting attorney bringing the suit and three-fourths (¾) of the moneys collected shall be paid to the Public School Fund.

(A) The moneys collected under subdivision (d)(1) of this section shall be paid to the person, company, corporation, or association bringing the suit.

(B) If a suit is brought in the name of the state, one-fourth (¼) of the moneys collected shall be paid to the prosecuting attorney bringing the suit and three-fourths (¾) of the moneys collected shall be paid to the Public School Fund.

(3) An action or suit under this section may be brought in any county in which the offense was committed by action at law or suit in equity in the circuit court.

(4) (A) If a defendant is a person, corporation, or association, the service of summons upon the defendant in any county of this state shall be a sufficient service. (B) If the defendant is a corporation, the service of summons upon any agent of the corporation in this state shall be a lawful service.

(A) If a defendant is a person, corporation, or association, the service of summons upon the defendant in any county of this state shall be a sufficient service.

(B) If the defendant is a corporation, the service of summons upon any agent of the corporation in this state shall be a lawful service.

(5) Several offenses under this section may be joined in one (1) action or suit.

Amended by Act 2017, No. 850,§ 2, eff. 4/3/2017.

Acts 1903, No. 183, §§ 1-3, p. 349; C. & M. Dig., §§ 10324g-10324i; Pope's Dig., §§ 14304-14306; A.S.A. 1947, §§ 70-120 -- 70-122.

See Act 2017, No. 850, § 3.

See Act 2017, No. 850, § 1.
Ark. Code Ann. § 4-38-102 — AR Code / Title 4 / Chapter 38 / Subchapter 1 / Section 4-38-102
Definitions
Status: in_force

In this chapter: (1) "Certificate of organization" means the certificate required by § 4-38-201 . The term includes the certificate as amended or restated. (2) "Contribution", except in the phrase "right of contribution", means property or a benefit described in § 4-38-402 which is provided by a person to a limited liability company to become a member or in the person's capacity as a member. (3) "Debtor in bankruptcy" means a person that is the subject of: (A) an order for relief under Title 11 of the United States Code or a comparable order under a successor statute of general application; or (B) a comparable order under federal, state, or foreign law governing insolvency. (4) "Distribution" means a transfer of money or other property from a limited liability company to a person on account of a transferable interest or in the person's capacity as a member. The term: (A) includes: (i) a redemption or other purchase by a limited liability company of a transferable interest; and (ii) a transfer to a member in return for the member's relinquishment of any right to participate as a member in the management or conduct of the company's activities and affairs or to have access to records or other information concerning the company's activities and affairs; and (B) does not include amounts constituting reasonable compensation for present or past service or payments made in the ordinary course of business under a bona fide retirement plan or other bona fide benefits program. (5) "Foreign limited liability company" means an unincorporated entity formed under the law of a jurisdiction other than this state which would be a limited liability company if formed under the law of this state. (6) "Jurisdiction", used to refer to a political entity, means the United States, a state, a foreign country, or a political subdivision of a foreign country. (7) "Jurisdiction of formation" means the jurisdiction whose law governs the internal affairs of an entity. (8) "Limited liability company", except in the phrase "foreign limited liability company" and in § 4-38-1001 et seq., means an entity formed under this chapter or which becomes subject to this chapter under § 4-38-1001 et seq. or § 4-38-110 ; (9) "Manager" means a person that under the operating agreement of a manager-managed limited liability company is responsible, alone or in concert with others, for performing the management functions stated in § 4-38-407(c) . (10) "Manager-managed limited liability company" means a limited liability company that qualifies under § 4-38-407(a) . (11) "Member" means a person that: (A) has become a member of a limited liability company under § 4-38-401 or was a member in a company when the company became subject to this chapter under § 4-38-110 ; and (B) has not dissociated under § 4-38-602 . (12) "Member-managed limited liability company" means a limited liability company that is not a manager-managed limited liability company. (13) "Operating agreement" means the agreement, whether or not referred to as an operating agreement and whether oral, implied, in a record, or in any combination thereof, of all the members of a limited liability company, including a sole member, concerning the matters described in § 4-38-105(a) . The term includes the agreement as amended or restated. (14) "Organizer" means a person that acts under § 4-38-201 to form a limited liability company. (15) "Person" means an individual, business corporation, nonprofit corporation, partnership, limited partnership, limited liability company, general cooperative association, limited cooperative association, unincorporated nonprofit association, statutory trust, business trust, common-law business trust, estate, trust, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (16) "Principal office" means the principal executive office of a limited liability company or foreign limited liability company, whether or not the office is located in this state. (17) "Property" means all property, whether real, personal, or mixed or tangible or intangible, or any right or interest therein. (18) "Record", used as a noun, 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. (19) (A) "Registered agent" means an agent of a limited liability company or foreign limited liability company which is authorized to receive service of any process, notice, or demand required or permitted by law to be served on the company. (B) "Registered agent" means a commercial registered agent or a noncommercial registered agent under the Model Registered Agents Act, § 4-20-101 et seq. (20) "Registered foreign limited liability company" means a foreign limited liability company that is registered to do business in this state pursuant to a statement of registration filed by the Secretary of State. (21) "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 symbol, sound, or process. (22) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (23) "Transfer" includes: (A) an assignment; (B) a conveyance; (C) a sale; (D) a lease; (E) an encumbrance, including a mortgage or security interest; (F) a gift; and (G) a transfer by operation of law. (24) "Transferable interest" means the right, as initially owned by a person in the person's capacity as a member, to receive distributions from a limited liability company, whether or not the person remains a member or continues to own any part of the right. The term applies to any fraction of the interest, by whomever owned. (25) "Transferee" means a person to which all or part of a transferable interest has been transferred, whether or not the transferor is a member. The term includes a person that owns a transferable interest under § 4-38-603(a)(3) . Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

In this chapter:

(1) "Certificate of organization" means the certificate required by § 4-38-201 . The term includes the certificate as amended or restated.

(2) "Contribution", except in the phrase "right of contribution", means property or a benefit described in § 4-38-402 which is provided by a person to a limited liability company to become a member or in the person's capacity as a member.

(3) "Debtor in bankruptcy" means a person that is the subject of: (A) an order for relief under Title 11 of the United States Code or a comparable order under a successor statute of general application; or (B) a comparable order under federal, state, or foreign law governing insolvency.

(A) an order for relief under Title 11 of the United States Code or a comparable order under a successor statute of general application; or

(B) a comparable order under federal, state, or foreign law governing insolvency.

(4) "Distribution" means a transfer of money or other property from a limited liability company to a person on account of a transferable interest or in the person's capacity as a member. The term: (A) includes: (i) a redemption or other purchase by a limited liability company of a transferable interest; and (ii) a transfer to a member in return for the member's relinquishment of any right to participate as a member in the management or conduct of the company's activities and affairs or to have access to records or other information concerning the company's activities and affairs; and (B) does not include amounts constituting reasonable compensation for present or past service or payments made in the ordinary course of business under a bona fide retirement plan or other bona fide benefits program.

(A) includes: (i) a redemption or other purchase by a limited liability company of a transferable interest; and (ii) a transfer to a member in return for the member's relinquishment of any right to participate as a member in the management or conduct of the company's activities and affairs or to have access to records or other information concerning the company's activities and affairs; and

(i) a redemption or other purchase by a limited liability company of a transferable interest; and

(ii) a transfer to a member in return for the member's relinquishment of any right to participate as a member in the management or conduct of the company's activities and affairs or to have access to records or other information concerning the company's activities and affairs; and

(B) does not include amounts constituting reasonable compensation for present or past service or payments made in the ordinary course of business under a bona fide retirement plan or other bona fide benefits program.

(5) "Foreign limited liability company" means an unincorporated entity formed under the law of a jurisdiction other than this state which would be a limited liability company if formed under the law of this state.

(6) "Jurisdiction", used to refer to a political entity, means the United States, a state, a foreign country, or a political subdivision of a foreign country.

(7) "Jurisdiction of formation" means the jurisdiction whose law governs the internal affairs of an entity.

(8) "Limited liability company", except in the phrase "foreign limited liability company" and in § 4-38-1001 et seq., means an entity formed under this chapter or which becomes subject to this chapter under § 4-38-1001 et seq. or § 4-38-110 ;

(9) "Manager" means a person that under the operating agreement of a manager-managed limited liability company is responsible, alone or in concert with others, for performing the management functions stated in § 4-38-407(c) .

(10) "Manager-managed limited liability company" means a limited liability company that qualifies under § 4-38-407(a) .

(11) "Member" means a person that: (A) has become a member of a limited liability company under § 4-38-401 or was a member in a company when the company became subject to this chapter under § 4-38-110 ; and (B) has not dissociated under § 4-38-602 .

(A) has become a member of a limited liability company under § 4-38-401 or was a member in a company when the company became subject to this chapter under § 4-38-110 ; and

(B) has not dissociated under § 4-38-602 .

(12) "Member-managed limited liability company" means a limited liability company that is not a manager-managed limited liability company.

(13) "Operating agreement" means the agreement, whether or not referred to as an operating agreement and whether oral, implied, in a record, or in any combination thereof, of all the members of a limited liability company, including a sole member, concerning the matters described in § 4-38-105(a) . The term includes the agreement as amended or restated.

(14) "Organizer" means a person that acts under § 4-38-201 to form a limited liability company.

(15) "Person" means an individual, business corporation, nonprofit corporation, partnership, limited partnership, limited liability company, general cooperative association, limited cooperative association, unincorporated nonprofit association, statutory trust, business trust, common-law business trust, estate, trust, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(16) "Principal office" means the principal executive office of a limited liability company or foreign limited liability company, whether or not the office is located in this state.

(17) "Property" means all property, whether real, personal, or mixed or tangible or intangible, or any right or interest therein.

(18) "Record", used as a noun, 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.

(19) (A) "Registered agent" means an agent of a limited liability company or foreign limited liability company which is authorized to receive service of any process, notice, or demand required or permitted by law to be served on the company. (B) "Registered agent" means a commercial registered agent or a noncommercial registered agent under the Model Registered Agents Act, § 4-20-101 et seq.

(A) "Registered agent" means an agent of a limited liability company or foreign limited liability company which is authorized to receive service of any process, notice, or demand required or permitted by law to be served on the company.

(B) "Registered agent" means a commercial registered agent or a noncommercial registered agent under the Model Registered Agents Act, § 4-20-101 et seq.

(20) "Registered foreign limited liability company" means a foreign limited liability company that is registered to do business in this state pursuant to a statement of registration filed by the Secretary of State.

(21) "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 symbol, sound, or process.

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

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

(22) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(23) "Transfer" includes: (A) an assignment; (B) a conveyance; (C) a sale; (D) a lease; (E) an encumbrance, including a mortgage or security interest; (F) a gift; and (G) a transfer by operation of law.

(A) an assignment;

(B) a conveyance;

(C) a sale;

(D) a lease;

(E) an encumbrance, including a mortgage or security interest;

(F) a gift; and

(G) a transfer by operation of law.

(24) "Transferable interest" means the right, as initially owned by a person in the person's capacity as a member, to receive distributions from a limited liability company, whether or not the person remains a member or continues to own any part of the right. The term applies to any fraction of the interest, by whomever owned.

(25) "Transferee" means a person to which all or part of a transferable interest has been transferred, whether or not the transferor is a member. The term includes a person that owns a transferable interest under § 4-38-603(a)(3) .

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-37-206 — AR Code / Title 4 / Chapter 37 / Subchapter 2 / Section 4-37-206
Information required in annual report - Effect of failure to provide
Status: in_force

(a) In the annual report required by § 26-54-105 , a series limited liability company shall include the name of each protected series of the company: (1) for which the company has previously delivered to the Secretary of State for filing a protected series designation; and (2) which has not dissolved and completed winding up. (b) A failure by a series limited liability company to comply with subsection (a) with regard to a protected series prevents issuance of a certificate of good standing pertaining to the protected series but does not otherwise affect the protected series. Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.

(a) In the annual report required by § 26-54-105 , a series limited liability company shall include the name of each protected series of the company: (1) for which the company has previously delivered to the Secretary of State for filing a protected series designation; and (2) which has not dissolved and completed winding up.

(1) for which the company has previously delivered to the Secretary of State for filing a protected series designation; and

(2) which has not dissolved and completed winding up.

(b) A failure by a series limited liability company to comply with subsection (a) with regard to a protected series prevents issuance of a certificate of good standing pertaining to the protected series but does not otherwise affect the protected series.

Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 4-30-112 — AR Code / Title 4 / Chapter 30 / Subchapter 1 / Section 4-30-112
Percentage of stock ownership limited - Voting by members
Status: in_force

(a) No person shall be allowed to own or have an interest in more than ten percent (10%) of the capital stock of the corporation. (b) Voting upon all questions shall be by members and not by stock. Acts 1921, No. 632, § 8; Pope's Dig., § 2270; A.S.A. 1947, § 64-1509.

(a) No person shall be allowed to own or have an interest in more than ten percent (10%) of the capital stock of the corporation.

(b) Voting upon all questions shall be by members and not by stock.

Acts 1921, No. 632, § 8; Pope's Dig., § 2270; A.S.A. 1947, § 64-1509.
Ark. Code Ann. § 4-35-109 — AR Code / Title 4 / Chapter 35 / Subchapter 1 / Section 4-35-109
Arkansas Public Service Commission - Exemption from jurisdiction
Status: in_force

Water authorities organized under this chapter shall be exempt in any and all respects from the jurisdiction and control of the Arkansas Public Service Commission. Acts 2003, No. 1330, § 3.

Water authorities organized under this chapter shall be exempt in any and all respects from the jurisdiction and control of the Arkansas Public Service Commission.

Acts 2003, No. 1330, § 3.
Ark. Code Ann. § 4-35-304 — AR Code / Title 4 / Chapter 35 / Subchapter 3 / Section 4-35-304
Bonds - Tax exemption
Status: in_force

(a) The principal of and interest on bonds issued under the authority of this subchapter shall be exempt from all state, county, and municipal taxes. (b) This exemption shall include income, inheritance, and estate taxes. Acts 2003, No. 1330, § 3.

(a) The principal of and interest on bonds issued under the authority of this subchapter shall be exempt from all state, county, and municipal taxes.

(b) This exemption shall include income, inheritance, and estate taxes.

Acts 2003, No. 1330, § 3.
Ark. Code Ann. § 4-47-208 — AR Code / Title 4 / Chapter 47 / Subchapter 2 / Section 4-47-208
Liability for false information in filed record
Status: in_force

(a) If a record delivered to the Secretary of State for filing under this chapter and filed by the Secretary of State contains false information, a person that suffers loss by reliance on the information may recover damages for the loss from: (1) a person that signed the record, or caused another to sign it on the person's behalf, and knew the information to be false at the time the record was signed; and (2) a general partner that has notice that the information was false when the record was filed or has become false because of changed circumstances, if the general partner has notice for a reasonably sufficient time before the information is relied upon to enable the general partner to effect an amendment under § 4-47-202 , file a petition pursuant to § 4-47-205 , or deliver to the Secretary of State for filing a statement of change pursuant to § 4-20-108 or a statement of correction pursuant to § 4-47-207 . (b) Signing a record authorized or required to be filed under this chapter constitutes an affirmation under the penalties of perjury that the facts stated in the record are true. Acts 2007, No. 15, § 1; 2007, No. 638, § 61.

(a) If a record delivered to the Secretary of State for filing under this chapter and filed by the Secretary of State contains false information, a person that suffers loss by reliance on the information may recover damages for the loss from: (1) a person that signed the record, or caused another to sign it on the person's behalf, and knew the information to be false at the time the record was signed; and (2) a general partner that has notice that the information was false when the record was filed or has become false because of changed circumstances, if the general partner has notice for a reasonably sufficient time before the information is relied upon to enable the general partner to effect an amendment under § 4-47-202 , file a petition pursuant to § 4-47-205 , or deliver to the Secretary of State for filing a statement of change pursuant to § 4-20-108 or a statement of correction pursuant to § 4-47-207 .

(1) a person that signed the record, or caused another to sign it on the person's behalf, and knew the information to be false at the time the record was signed; and

(2) a general partner that has notice that the information was false when the record was filed or has become false because of changed circumstances, if the general partner has notice for a reasonably sufficient time before the information is relied upon to enable the general partner to effect an amendment under § 4-47-202 , file a petition pursuant to § 4-47-205 , or deliver to the Secretary of State for filing a statement of change pursuant to § 4-20-108 or a statement of correction pursuant to § 4-47-207 .

(b) Signing a record authorized or required to be filed under this chapter constitutes an affirmation under the penalties of perjury that the facts stated in the record are true.

Acts 2007, No. 15, § 1; 2007, No. 638, § 61.
Ark. Code Ann. § 4-75-202 — AR Code / Title 4 / Chapter 75 / Subchapter 2 / Section 4-75-202
Purpose
Status: in_force

The General Assembly declares that the purpose of this subchapter is to safeguard the public against the creation or perpetuation of monopolies and to foster and encourage competition by prohibiting unfair and discriminatory practices by which fair and honest competition is destroyed or prevented. Acts 1937, No. 253, § 13; Pope's Dig., § 14323; A.S.A. 1947, § 70-313.

The General Assembly declares that the purpose of this subchapter is to safeguard the public against the creation or perpetuation of monopolies and to foster and encourage competition by prohibiting unfair and discriminatory practices by which fair and honest competition is destroyed or prevented.

Acts 1937, No. 253, § 13; Pope's Dig., § 14323; A.S.A. 1947, § 70-313.
Ark. Code Ann. § 4-47-113 — AR Code / Title 4 / Chapter 47 / Subchapter 1 / Section 4-47-113
Dual capacity
Status: in_force

A person may be both a general partner and a limited partner. A person that is both a general and limited partner has the rights, powers, duties, and obligations provided by this chapter and the partnership agreement in each of those capacities. When the person acts as a general partner, the person is subject to the obligations, duties and restrictions under this chapter and the partnership agreement for general partners. When the person acts as a limited partner, the person is subject to the obligations, duties and restrictions under this chapter and the partnership agreement for limited partners. Acts 2007, No. 15, § 1.

A person may be both a general partner and a limited partner. A person that is both a general and limited partner has the rights, powers, duties, and obligations provided by this chapter and the partnership agreement in each of those capacities. When the person acts as a general partner, the person is subject to the obligations, duties and restrictions under this chapter and the partnership agreement for general partners. When the person acts as a limited partner, the person is subject to the obligations, duties and restrictions under this chapter and the partnership agreement for limited partners.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-109-101 — AR Code / Title 4 / Chapter 109 / Section 4-109-101
Definitions
Status: in_force

As used in this chapter: (1) "Notary public" means a person duly appointed or commissioned under § 21-14-101 ; (2) "Person" means: (A) (i) An individual; (ii) An organization; (iii) An association; (iv) A partnership; (v) A limited liability company; or (vi) A corporation; or (B) Any combination of them; and (3) "Practice of law" means: (A) Holding oneself out to the public as being entitled to practice law; (B) Tendering or furnishing legal services or advice; (C) Furnishing attorneys or counsel; (D) Rendering legal services of any kind in actions or proceedings of any nature or in any other way or manner; (E) Acting as if or in any other manner assuming to be entitled to practice law; or (F) Advertising or assuming the title of lawyer or attorney, attorney at law, or equivalent terms in any language in such a manner as to convey the impression that one is entitled to practice law or to furnish legal advice, service, or counsel. Acts 2005, No. 66, § 1.

As used in this chapter:

(1) "Notary public" means a person duly appointed or commissioned under § 21-14-101 ;

(2) "Person" means: (A) (i) An individual; (ii) An organization; (iii) An association; (iv) A partnership; (v) A limited liability company; or (vi) A corporation; or (B) Any combination of them; and

(A) (i) An individual; (ii) An organization; (iii) An association; (iv) A partnership; (v) A limited liability company; or (vi) A corporation; or

(i) An individual;

(ii) An organization;

(iii) An association;

(iv) A partnership;

(v) A limited liability company; or

(vi) A corporation; or

(B) Any combination of them; and

(3) "Practice of law" means: (A) Holding oneself out to the public as being entitled to practice law; (B) Tendering or furnishing legal services or advice; (C) Furnishing attorneys or counsel; (D) Rendering legal services of any kind in actions or proceedings of any nature or in any other way or manner; (E) Acting as if or in any other manner assuming to be entitled to practice law; or (F) Advertising or assuming the title of lawyer or attorney, attorney at law, or equivalent terms in any language in such a manner as to convey the impression that one is entitled to practice law or to furnish legal advice, service, or counsel.

(A) Holding oneself out to the public as being entitled to practice law;

(B) Tendering or furnishing legal services or advice;

(C) Furnishing attorneys or counsel;

(D) Rendering legal services of any kind in actions or proceedings of any nature or in any other way or manner;

(E) Acting as if or in any other manner assuming to be entitled to practice law; or

(F) Advertising or assuming the title of lawyer or attorney, attorney at law, or equivalent terms in any language in such a manner as to convey the impression that one is entitled to practice law or to furnish legal advice, service, or counsel.

Acts 2005, No. 66, § 1.
Ark. Code Ann. § 4-59-103 — AR Code / Title 4 / Chapter 59 / Subchapter 1 / Section 4-59-103
Trusts or confidences
Status: in_force

(a) (1) All declarations or creations of trusts or confidences of any lands or tenements shall be manifested and proved by some writing signed by the party who is or shall be by law enabled to declare the trusts, or by his or her last will in writing, or else they shall be void. (2) All grants and assignments of any trusts or confidences shall be in writing signed by the party granting or assigning them, or by his or her last will in writing, or else they shall be void. (b) Where any conveyance shall be made of any lands or tenements, by which a trust or confidence may arise or result by implication of law, the trust or confidence shall not be affected by anything contained in this section, § 4-59-102 , and § 4-59-201 et seq. Rev. Stat., ch. 65, §§ 10, 11; C. & M. Dig., §§ 4867, 4868; Pope's Dig., §§ 6064, 6065; A.S.A. 1947, §§ 38-106, 38-107.

(a) (1) All declarations or creations of trusts or confidences of any lands or tenements shall be manifested and proved by some writing signed by the party who is or shall be by law enabled to declare the trusts, or by his or her last will in writing, or else they shall be void. (2) All grants and assignments of any trusts or confidences shall be in writing signed by the party granting or assigning them, or by his or her last will in writing, or else they shall be void.

(1) All declarations or creations of trusts or confidences of any lands or tenements shall be manifested and proved by some writing signed by the party who is or shall be by law enabled to declare the trusts, or by his or her last will in writing, or else they shall be void.

(2) All grants and assignments of any trusts or confidences shall be in writing signed by the party granting or assigning them, or by his or her last will in writing, or else they shall be void.

(b) Where any conveyance shall be made of any lands or tenements, by which a trust or confidence may arise or result by implication of law, the trust or confidence shall not be affected by anything contained in this section, § 4-59-102 , and § 4-59-201 et seq.

Rev. Stat., ch. 65, §§ 10, 11; C. & M. Dig., §§ 4867, 4868; Pope's Dig., §§ 6064, 6065; A.S.A. 1947, §§ 38-106, 38-107.
Ark. Code Ann. § 4-95-101 — AR Code / Title 4 / Chapter 95 / Section 4-95-101
Title
Status: in_force

This chapter may be known and cited as the "Arkansas Mail and Telephone Consumer Product Promotion Fair Practices Act". Acts 1991, No. 680, § 1.

This chapter may be known and cited as the "Arkansas Mail and Telephone Consumer Product Promotion Fair Practices Act".

Acts 1991, No. 680, § 1.
Ark. Code Ann. § 4-42-708 — AR Code / Title 4 / Chapter 42 / Subchapter 7 / Section 4-42-708
Fees
Status: in_force

The Secretary of State shall collect the following fees when the documents described in this section are delivered to him or her by electronic means: DOCUMENT FEE PROCESSING FEE (1) Application for fictitious name for domestic limited liability partnership ........................... $9.50 ......$4.00 (2) Application for fictitious name for foreign limited liability partnership .............................. $9.50 ......$4.00 (3) Notice of change of registered office or agent or both ....................................................... ......No Fee (4) For any other document not listed above, the cost for electronic filing is: (A) Four dollars ($4.00) for the processing fee when the filing fee is $0 to $50; (B) Five dollars ($5.00) for the processing fee when the filing fee is $51 to $99; (C) Ten dollars ($10.00) for the processing fee when the filing fee is $100 to $299; and (D) Twelve dollars ($12.00) for the processing fee when the filing fee is $300 or more. Acts 2001, No. 1395, § 5; 2007, No. 646, § 9.

The Secretary of State shall collect the following fees when the documents described in this section are delivered to him or her by electronic means:

DOCUMENT FEE PROCESSING FEE (1) Application for fictitious name for domestic limited liability partnership ........................... $9.50 ......$4.00 (2) Application for fictitious name for foreign limited liability partnership .............................. $9.50 ......$4.00 (3) Notice of change of registered office or agent or both ....................................................... ......No Fee (4) For any other document not listed above, the cost for electronic filing is: (A) Four dollars ($4.00) for the processing fee when the filing fee is $0 to $50; (B) Five dollars ($5.00) for the processing fee when the filing fee is $51 to $99; (C) Ten dollars ($10.00) for the processing fee when the filing fee is $100 to $299; and (D) Twelve dollars ($12.00) for the processing fee when the filing fee is $300 or more.

DOCUMENT

FEE

PROCESSING FEE

(1) Application for fictitious name for domestic limited liability partnership ...........................

$9.50

......$4.00

(2) Application for fictitious name for foreign limited liability partnership ..............................

$9.50

......$4.00

(3) Notice of change of registered office or agent or both .......................................................

......No Fee

(4) For any other document not listed above, the cost for electronic filing is:

(A) Four dollars ($4.00) for the processing fee when the filing fee is $0 to $50;

(B) Five dollars ($5.00) for the processing fee when the filing fee is $51 to $99;

(C) Ten dollars ($10.00) for the processing fee when the filing fee is $100 to $299; and

(D) Twelve dollars ($12.00) for the processing fee when the filing fee is $300 or more.

Acts 2001, No. 1395, § 5; 2007, No. 646, § 9.
Ark. Code Ann. § 4-75-809 — AR Code / Title 4 / Chapter 75 / Subchapter 8 / Section 4-75-809
Remedies
Status: in_force

(a) In addition to any remedy herein or otherwise and elsewhere provided, any person, firm, or corporation, or combination thereof, may be enjoined in a court of competent jurisdiction by any affected person, firm, or corporation from the violation of any of the provisions of §§ 4-75-801 - 4-75-806 , 4-75-808 , or 4-75-809 . (b) Any person, firm, or corporation found by the court to be in violation of any of the provisions of §§ 4-75-801 - 4-75-806 , 4-75-808 , or 4-75-809 shall be liable for three (3) times the amount of the actual damages, if any, sustained by any injured person, firm, or corporation as the result of the violations. Acts 1955, No. 380, § 6; A.S.A. 1947, § 70-706.

(a) In addition to any remedy herein or otherwise and elsewhere provided, any person, firm, or corporation, or combination thereof, may be enjoined in a court of competent jurisdiction by any affected person, firm, or corporation from the violation of any of the provisions of §§ 4-75-801 - 4-75-806 , 4-75-808 , or 4-75-809 .

(b) Any person, firm, or corporation found by the court to be in violation of any of the provisions of §§ 4-75-801 - 4-75-806 , 4-75-808 , or 4-75-809 shall be liable for three (3) times the amount of the actual damages, if any, sustained by any injured person, firm, or corporation as the result of the violations.

Acts 1955, No. 380, § 6; A.S.A. 1947, § 70-706.
Ark. Code Ann. § 4-114-107 — AR Code / Title 4 / Chapter 114 / Section 4-114-107
Prohibited acts
Status: in_force

(a) (1) A provider shall not use a name: (A) With the words "insurance", "casualty", "surety", "mutual", or any other words descriptive of the insurance, casualty, or surety business; or (B) Deceptively similar to the name or description of any insurance or surety corporation or any other provider. (2) (A) This subsection shall not apply to a company that was using any of the prohibited language in its name prior to October 1, 2007. (B) However, a company using the prohibited language in its name shall conspicuously disclose in its service contracts that the service contract is not an insurance contract. (b) A provider or its representative shall not in its service contracts or literature make or permit or cause to be made any false or misleading statement or deliberately omit any material statement that would be considered misleading if omitted in connection with the sale, offer to sell, or advertisement of a service contract. (c) A person, including without limitation a bank, savings and loan association, lending institution, manufacturer, or seller of any product shall not require the purchase of a service contract as a condition of a loan or a condition for the sale of any property. Acts 2007, No. 656, § 1.

(a) (1) A provider shall not use a name: (A) With the words "insurance", "casualty", "surety", "mutual", or any other words descriptive of the insurance, casualty, or surety business; or (B) Deceptively similar to the name or description of any insurance or surety corporation or any other provider. (2) (A) This subsection shall not apply to a company that was using any of the prohibited language in its name prior to October 1, 2007. (B) However, a company using the prohibited language in its name shall conspicuously disclose in its service contracts that the service contract is not an insurance contract.

(1) A provider shall not use a name: (A) With the words "insurance", "casualty", "surety", "mutual", or any other words descriptive of the insurance, casualty, or surety business; or (B) Deceptively similar to the name or description of any insurance or surety corporation or any other provider.

(A) With the words "insurance", "casualty", "surety", "mutual", or any other words descriptive of the insurance, casualty, or surety business; or

(B) Deceptively similar to the name or description of any insurance or surety corporation or any other provider.

(2) (A) This subsection shall not apply to a company that was using any of the prohibited language in its name prior to October 1, 2007. (B) However, a company using the prohibited language in its name shall conspicuously disclose in its service contracts that the service contract is not an insurance contract.

(A) This subsection shall not apply to a company that was using any of the prohibited language in its name prior to October 1, 2007.

(B) However, a company using the prohibited language in its name shall conspicuously disclose in its service contracts that the service contract is not an insurance contract.

(b) A provider or its representative shall not in its service contracts or literature make or permit or cause to be made any false or misleading statement or deliberately omit any material statement that would be considered misleading if omitted in connection with the sale, offer to sell, or advertisement of a service contract.

(c) A person, including without limitation a bank, savings and loan association, lending institution, manufacturer, or seller of any product shall not require the purchase of a service contract as a condition of a loan or a condition for the sale of any property.

Acts 2007, No. 656, § 1.
Ark. Code Ann. § 4-75-1003 — AR Code / Title 4 / Chapter 75 / Subchapter 10 / Section 4-75-1003
Definitions
Status: in_force

As used in this subchapter: (1) "Contractor" means a person or an entity that repairs or has repaired the foundation of a single-family dwelling; (2) "Foundation repair contract" means a written contract between a homeowner and a contractor to repair the foundation of a single-family dwelling; (3) "Homeowner" means the initial owner and any subsequent owner of a single-family dwelling; and (4) "Single-family dwelling" means a dwelling constructed for habitation by one (1) to four (4) families. Added by Act 2015, No. 687,§ 1, eff. 7/22/2015.

As used in this subchapter:

(1) "Contractor" means a person or an entity that repairs or has repaired the foundation of a single-family dwelling;

(2) "Foundation repair contract" means a written contract between a homeowner and a contractor to repair the foundation of a single-family dwelling;

(3) "Homeowner" means the initial owner and any subsequent owner of a single-family dwelling; and

(4) "Single-family dwelling" means a dwelling constructed for habitation by one (1) to four (4) families.

Added by Act 2015, No. 687,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 4-74-107 — AR Code / Title 4 / Chapter 74 / Section 4-74-107
Bond
Status: in_force

(a) The application shall also be accompanied by a cash bond or a corporate surety bond in the amount of two thousand dollars ($2,000) or five percent (5%) of the wholesale value of the goods proposed to be offered at the sale, whichever is lesser, and shall be in favor of the State of Arkansas. (b) The proceeds of the bond shall be available to assure compliance with the provisions of this chapter and the payment of any and all taxes due the State of Arkansas or any political subdivision of the state as the result of the sale and shall also be available to satisfy any judgment which may be rendered against the merchant in favor of any purchaser of goods, wares, or merchandise at the sale based upon the sale of such merchandise, and which judgment is rendered pursuant to an action which is filed within one (1) year after the date on which the going-out-of-business sale is completed. (c) The bond shall be maintained for at least one (1) year and shall be released by the clerk only upon proof being submitted by the licensee that the licensee has complied with all provisions of this chapter, has paid all taxes and penalties due the State of Arkansas or any political subdivision thereof, and that all judgments, if any, rendered against the applicant as a result of the sale have been paid and that no action is pending against the licensee as a result of the sale. Acts 1983, No. 297, § 3; A.S.A. 1947, § 71-5503.

(a) The application shall also be accompanied by a cash bond or a corporate surety bond in the amount of two thousand dollars ($2,000) or five percent (5%) of the wholesale value of the goods proposed to be offered at the sale, whichever is lesser, and shall be in favor of the State of Arkansas.

(b) The proceeds of the bond shall be available to assure compliance with the provisions of this chapter and the payment of any and all taxes due the State of Arkansas or any political subdivision of the state as the result of the sale and shall also be available to satisfy any judgment which may be rendered against the merchant in favor of any purchaser of goods, wares, or merchandise at the sale based upon the sale of such merchandise, and which judgment is rendered pursuant to an action which is filed within one (1) year after the date on which the going-out-of-business sale is completed.

(c) The bond shall be maintained for at least one (1) year and shall be released by the clerk only upon proof being submitted by the licensee that the licensee has complied with all provisions of this chapter, has paid all taxes and penalties due the State of Arkansas or any political subdivision thereof, and that all judgments, if any, rendered against the applicant as a result of the sale have been paid and that no action is pending against the licensee as a result of the sale.

Acts 1983, No. 297, § 3; A.S.A. 1947, § 71-5503.
Ark. Code Ann. § 4-118-103 — AR Code / Title 4 / Chapter 118 / Section 4-118-103
Prepaid mobile device
Status: in_force

It is unlawful for a person: (1) To purchase a prepaid mobile device or refill a prepaid mobile device with wireless communication services on a previously purchased prepaid mobile device for a minor in this state; or (2) To provide funds to a minor for the purpose of purchasing a prepaid mobile device or refilling a prepaid mobile device with wireless communication services on a previously purchased prepaid mobile device in this state. Added by Act 2019, No. 1053,§ 1, eff. 7/24/2019.

It is unlawful for a person:

(1) To purchase a prepaid mobile device or refill a prepaid mobile device with wireless communication services on a previously purchased prepaid mobile device for a minor in this state; or

(2) To provide funds to a minor for the purpose of purchasing a prepaid mobile device or refilling a prepaid mobile device with wireless communication services on a previously purchased prepaid mobile device in this state.

Added by Act 2019, No. 1053,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 4-75-804 — AR Code / Title 4 / Chapter 75 / Subchapter 8 / Section 4-75-804
Penalties
Status: in_force

The sale, offer, or advertisement for sale of fresh milk in violation of the provisions of §§ 4-75-801 - 4-75-806 , 4-75-808 , and 4-75-809 is declared to be for the purpose of destroying competition, and any person, firm, or corporation found to be in violation hereof shall be guilty of a Class B misdemeanor. Each day's violation shall constitute a separate offense. Acts 1955, No. 380, § 5; A.S.A. 1947, § 70-705; Acts 2005, No. 1994, § 379.

The sale, offer, or advertisement for sale of fresh milk in violation of the provisions of §§ 4-75-801 - 4-75-806 , 4-75-808 , and 4-75-809 is declared to be for the purpose of destroying competition, and any person, firm, or corporation found to be in violation hereof shall be guilty of a Class B misdemeanor. Each day's violation shall constitute a separate offense.

Acts 1955, No. 380, § 5; A.S.A. 1947, § 70-705; Acts 2005, No. 1994, § 379.
Ark. Code Ann. § 4-99-107 — AR Code / Title 4 / Chapter 99 / Subchapter 1 / Section 4-99-107
Bond requirement - Promotions - Notice prior to inception
Status: in_force

(a) (1) A telephonic seller shall maintain a bond issued by a surety company authorized to do business in this state. (2) The bond shall be in the amount of fifty thousand dollars ($50,000) in favor of the State of Arkansas for the benefit of a person suffering injury or loss by reason of a violation of this chapter, to be paid under the terms of any order of a court of competent jurisdiction obtained by the Attorney General or prosecuting attorney as a result of a violation of this chapter. (3) A copy of the bond shall be filed with the Secretary of State. (b) (1) At least ten (10) days before the inception of a promotion offering a premium with an actual market value or advertised value of five hundred dollars ($500) or more, the telephonic seller shall notify the Secretary of State in writing of the details of the promotion, describing the premium, its current market value, the value at which it is advertised or held out to the consumer, the date the premium shall be awarded, and the conditions under which the award shall be made. (2) (A) (i) The telephonic seller shall maintain an additional bond for the total current market value or advertised value, whichever is greater, of the premiums held out or advertised to be available to a purchaser or recipient. (ii) A copy of the bond shall be filed with the Secretary of State. (B) The bond or portion thereof necessary to cover the cost of the award shall be forfeited if the premium is not awarded to a bona fide customer within thirty (30) days of the date disclosed as the time of award or other time required by law. (C) A person suffering injury or loss by reason of any violation of this chapter shall be paid the proceeds of the bond, or shall be paid under the terms of any order of a court of competent jurisdiction obtained by the Attorney General or prosecuting attorney as a result of any violation of this chapter. (D) The bond shall be maintained until the seller files with the Secretary of State proof that the premium was awarded. Amended by Act 2017, No. 728,§ 5, eff. 1/1/2018. Acts 1993, No. 137, § 13.

(a) (1) A telephonic seller shall maintain a bond issued by a surety company authorized to do business in this state. (2) The bond shall be in the amount of fifty thousand dollars ($50,000) in favor of the State of Arkansas for the benefit of a person suffering injury or loss by reason of a violation of this chapter, to be paid under the terms of any order of a court of competent jurisdiction obtained by the Attorney General or prosecuting attorney as a result of a violation of this chapter. (3) A copy of the bond shall be filed with the Secretary of State.

(1) A telephonic seller shall maintain a bond issued by a surety company authorized to do business in this state.

(2) The bond shall be in the amount of fifty thousand dollars ($50,000) in favor of the State of Arkansas for the benefit of a person suffering injury or loss by reason of a violation of this chapter, to be paid under the terms of any order of a court of competent jurisdiction obtained by the Attorney General or prosecuting attorney as a result of a violation of this chapter.

(3) A copy of the bond shall be filed with the Secretary of State.

(b) (1) At least ten (10) days before the inception of a promotion offering a premium with an actual market value or advertised value of five hundred dollars ($500) or more, the telephonic seller shall notify the Secretary of State in writing of the details of the promotion, describing the premium, its current market value, the value at which it is advertised or held out to the consumer, the date the premium shall be awarded, and the conditions under which the award shall be made. (2) (A) (i) The telephonic seller shall maintain an additional bond for the total current market value or advertised value, whichever is greater, of the premiums held out or advertised to be available to a purchaser or recipient. (ii) A copy of the bond shall be filed with the Secretary of State. (B) The bond or portion thereof necessary to cover the cost of the award shall be forfeited if the premium is not awarded to a bona fide customer within thirty (30) days of the date disclosed as the time of award or other time required by law. (C) A person suffering injury or loss by reason of any violation of this chapter shall be paid the proceeds of the bond, or shall be paid under the terms of any order of a court of competent jurisdiction obtained by the Attorney General or prosecuting attorney as a result of any violation of this chapter. (D) The bond shall be maintained until the seller files with the Secretary of State proof that the premium was awarded.

(1) At least ten (10) days before the inception of a promotion offering a premium with an actual market value or advertised value of five hundred dollars ($500) or more, the telephonic seller shall notify the Secretary of State in writing of the details of the promotion, describing the premium, its current market value, the value at which it is advertised or held out to the consumer, the date the premium shall be awarded, and the conditions under which the award shall be made.

(2) (A) (i) The telephonic seller shall maintain an additional bond for the total current market value or advertised value, whichever is greater, of the premiums held out or advertised to be available to a purchaser or recipient. (ii) A copy of the bond shall be filed with the Secretary of State. (B) The bond or portion thereof necessary to cover the cost of the award shall be forfeited if the premium is not awarded to a bona fide customer within thirty (30) days of the date disclosed as the time of award or other time required by law. (C) A person suffering injury or loss by reason of any violation of this chapter shall be paid the proceeds of the bond, or shall be paid under the terms of any order of a court of competent jurisdiction obtained by the Attorney General or prosecuting attorney as a result of any violation of this chapter. (D) The bond shall be maintained until the seller files with the Secretary of State proof that the premium was awarded.

(A) (i) The telephonic seller shall maintain an additional bond for the total current market value or advertised value, whichever is greater, of the premiums held out or advertised to be available to a purchaser or recipient. (ii) A copy of the bond shall be filed with the Secretary of State.

(i) The telephonic seller shall maintain an additional bond for the total current market value or advertised value, whichever is greater, of the premiums held out or advertised to be available to a purchaser or recipient.

(ii) A copy of the bond shall be filed with the Secretary of State.

(B) The bond or portion thereof necessary to cover the cost of the award shall be forfeited if the premium is not awarded to a bona fide customer within thirty (30) days of the date disclosed as the time of award or other time required by law.

(C) A person suffering injury or loss by reason of any violation of this chapter shall be paid the proceeds of the bond, or shall be paid under the terms of any order of a court of competent jurisdiction obtained by the Attorney General or prosecuting attorney as a result of any violation of this chapter.

(D) The bond shall be maintained until the seller files with the Secretary of State proof that the premium was awarded.

Amended by Act 2017, No. 728,§ 5, eff. 1/1/2018.

Acts 1993, No. 137, § 13.
Ark. Code Ann. § 4-46-911 — AR Code / Title 4 / Chapter 46 / Subchapter 9 / Section 4-46-911
Liability of partner after conversion or merger
Status: in_force

(a) A conversion or merger under this chapter does not discharge any liability under § 4-46-306 or § 4-46-703 of a person that was a partner in or dissociated as a partner from a converting or constituent partnership, but: (1) The provisions of this chapter pertaining to the collection or discharge of the liability continue to apply to the liability; (2) The converted or surviving organization is deemed to be the converting or constituent partnership under § 4-46-306 or § 4-46-703 ; and (3) If a person is required to pay any amount under this subsection: (A) The person has a right of contribution from each other person that was liable as a partner under § 4-46-306 when the obligation was incurred and has not been released from the obligation under § 4-46-703 ; and (B) The contribution due from each other person is in proportion to the right to receive distributions in the capacity of partner in effect for each other person when the obligation was incurred. (b) In addition to any other liability provided by law: (1) A person that immediately before a conversion or merger became effective was a partner in a converting or constituent partnership that was not a limited liability partnership is personally liable for each obligation of the converted or surviving organization arising from a transaction with a third party after the conversion or merger becomes effective if at the time the third party enters into the transaction, the third party: (A) Does not have notice of the conversion or merger; and (B) Reasonably believes that: (i) The converted or surviving organization is the converting or constituent partnership; (ii) The converting or constituent partnership is not a limited liability partnership; and (iii) The person is a partner in the converting or constituent partnership; and (2) A person that was dissociated as a partner from a converting or constituent partnership before the conversion or merger became effective is personally liable for each obligation of the converted or surviving organization arising from a transaction with a third party after the conversion or merger becomes effective if: (A) Immediately before the conversion or merger became effective the converting or surviving partnership was not a limited liability partnership; and (B) At the time the third party enters into the transaction less than two (2) years have passed since the person dissociated as a partner and the third party: (i) Does not have notice of the dissociation; (ii) Does not have notice of the conversion or merger; and (iii) Reasonably believes that: (a) The converted or surviving organization is the converting or constituent partnership; (b) The converting or constituent partnership is not a constituent limited liability partnership; and (c) The person is a partner in the converting or constituent partnership. Acts 2009, No. 408, § 6.

(a) A conversion or merger under this chapter does not discharge any liability under § 4-46-306 or § 4-46-703 of a person that was a partner in or dissociated as a partner from a converting or constituent partnership, but: (1) The provisions of this chapter pertaining to the collection or discharge of the liability continue to apply to the liability; (2) The converted or surviving organization is deemed to be the converting or constituent partnership under § 4-46-306 or § 4-46-703 ; and (3) If a person is required to pay any amount under this subsection: (A) The person has a right of contribution from each other person that was liable as a partner under § 4-46-306 when the obligation was incurred and has not been released from the obligation under § 4-46-703 ; and (B) The contribution due from each other person is in proportion to the right to receive distributions in the capacity of partner in effect for each other person when the obligation was incurred.

(1) The provisions of this chapter pertaining to the collection or discharge of the liability continue to apply to the liability;

(2) The converted or surviving organization is deemed to be the converting or constituent partnership under § 4-46-306 or § 4-46-703 ; and

(3) If a person is required to pay any amount under this subsection: (A) The person has a right of contribution from each other person that was liable as a partner under § 4-46-306 when the obligation was incurred and has not been released from the obligation under § 4-46-703 ; and (B) The contribution due from each other person is in proportion to the right to receive distributions in the capacity of partner in effect for each other person when the obligation was incurred.

(A) The person has a right of contribution from each other person that was liable as a partner under § 4-46-306 when the obligation was incurred and has not been released from the obligation under § 4-46-703 ; and

(B) The contribution due from each other person is in proportion to the right to receive distributions in the capacity of partner in effect for each other person when the obligation was incurred.

(b) In addition to any other liability provided by law: (1) A person that immediately before a conversion or merger became effective was a partner in a converting or constituent partnership that was not a limited liability partnership is personally liable for each obligation of the converted or surviving organization arising from a transaction with a third party after the conversion or merger becomes effective if at the time the third party enters into the transaction, the third party: (A) Does not have notice of the conversion or merger; and (B) Reasonably believes that: (i) The converted or surviving organization is the converting or constituent partnership; (ii) The converting or constituent partnership is not a limited liability partnership; and (iii) The person is a partner in the converting or constituent partnership; and (2) A person that was dissociated as a partner from a converting or constituent partnership before the conversion or merger became effective is personally liable for each obligation of the converted or surviving organization arising from a transaction with a third party after the conversion or merger becomes effective if: (A) Immediately before the conversion or merger became effective the converting or surviving partnership was not a limited liability partnership; and (B) At the time the third party enters into the transaction less than two (2) years have passed since the person dissociated as a partner and the third party: (i) Does not have notice of the dissociation; (ii) Does not have notice of the conversion or merger; and (iii) Reasonably believes that: (a) The converted or surviving organization is the converting or constituent partnership; (b) The converting or constituent partnership is not a constituent limited liability partnership; and (c) The person is a partner in the converting or constituent partnership.

(1) A person that immediately before a conversion or merger became effective was a partner in a converting or constituent partnership that was not a limited liability partnership is personally liable for each obligation of the converted or surviving organization arising from a transaction with a third party after the conversion or merger becomes effective if at the time the third party enters into the transaction, the third party: (A) Does not have notice of the conversion or merger; and (B) Reasonably believes that: (i) The converted or surviving organization is the converting or constituent partnership; (ii) The converting or constituent partnership is not a limited liability partnership; and (iii) The person is a partner in the converting or constituent partnership; and

(A) Does not have notice of the conversion or merger; and

(B) Reasonably believes that: (i) The converted or surviving organization is the converting or constituent partnership; (ii) The converting or constituent partnership is not a limited liability partnership; and (iii) The person is a partner in the converting or constituent partnership; and

(i) The converted or surviving organization is the converting or constituent partnership;

(ii) The converting or constituent partnership is not a limited liability partnership; and

(iii) The person is a partner in the converting or constituent partnership; and

(2) A person that was dissociated as a partner from a converting or constituent partnership before the conversion or merger became effective is personally liable for each obligation of the converted or surviving organization arising from a transaction with a third party after the conversion or merger becomes effective if: (A) Immediately before the conversion or merger became effective the converting or surviving partnership was not a limited liability partnership; and (B) At the time the third party enters into the transaction less than two (2) years have passed since the person dissociated as a partner and the third party: (i) Does not have notice of the dissociation; (ii) Does not have notice of the conversion or merger; and (iii) Reasonably believes that: (a) The converted or surviving organization is the converting or constituent partnership; (b) The converting or constituent partnership is not a constituent limited liability partnership; and (c) The person is a partner in the converting or constituent partnership.

(A) Immediately before the conversion or merger became effective the converting or surviving partnership was not a limited liability partnership; and

(B) At the time the third party enters into the transaction less than two (2) years have passed since the person dissociated as a partner and the third party: (i) Does not have notice of the dissociation; (ii) Does not have notice of the conversion or merger; and (iii) Reasonably believes that: (a) The converted or surviving organization is the converting or constituent partnership; (b) The converting or constituent partnership is not a constituent limited liability partnership; and (c) The person is a partner in the converting or constituent partnership.

(i) Does not have notice of the dissociation;

(ii) Does not have notice of the conversion or merger; and

(iii) Reasonably believes that: (a) The converted or surviving organization is the converting or constituent partnership; (b) The converting or constituent partnership is not a constituent limited liability partnership; and (c) The person is a partner in the converting or constituent partnership.

(a) The converted or surviving organization is the converting or constituent partnership;

(b) The converting or constituent partnership is not a constituent limited liability partnership; and

(c) The person is a partner in the converting or constituent partnership.

Acts 2009, No. 408, § 6.
Ark. Code Ann. § 4-92-108 — AR Code / Title 4 / Chapter 92 / Section 4-92-108
Personal property - Repossessed rental merchandise
Status: in_force

(a) This section applies when merchandise becomes attached to the personal property of the consumer that is subject to a perfected lien of a secured creditor while the merchandise is being leased from a lessor under a rental-purchase agreement. (b) (1) If a secured creditor has a security interest in the personal property of a consumer and the merchandise has become attached to that consumer's personal property, and a lessor repossesses the merchandise attached to the consumer's personal property before the consumer becomes the owner of such merchandise, then at the time of repossession the lessor shall install substitute new or used factory quality equipment that is reasonably calculated to keep the personal property of the consumer usable and operable. (2) A lessor is liable to a secured creditor for the cost and installation of the substitute equipment if a lessor does not comply with subdivision (b)(1) of this section at the time of repossession. (c) If a secured creditor repossesses the collateral of the secured creditor before the consumer becomes the owner of the merchandise that is attached to the collateral and before the collateral is resold, then the secured creditor shall: (1) Work with the lessor to comply with subdivision (b)(1) of this section; or (2) Pay the lessor whichever is the lesser amount: (A) The original cost of the merchandise; or (B) The total of remaining rental payments on the consumer's rental purchase agreement with the lessor. Added by Act 2019, No. 865,§ 1, eff. 7/24/2019.

(a) This section applies when merchandise becomes attached to the personal property of the consumer that is subject to a perfected lien of a secured creditor while the merchandise is being leased from a lessor under a rental-purchase agreement.

(b) (1) If a secured creditor has a security interest in the personal property of a consumer and the merchandise has become attached to that consumer's personal property, and a lessor repossesses the merchandise attached to the consumer's personal property before the consumer becomes the owner of such merchandise, then at the time of repossession the lessor shall install substitute new or used factory quality equipment that is reasonably calculated to keep the personal property of the consumer usable and operable. (2) A lessor is liable to a secured creditor for the cost and installation of the substitute equipment if a lessor does not comply with subdivision (b)(1) of this section at the time of repossession.

(1) If a secured creditor has a security interest in the personal property of a consumer and the merchandise has become attached to that consumer's personal property, and a lessor repossesses the merchandise attached to the consumer's personal property before the consumer becomes the owner of such merchandise, then at the time of repossession the lessor shall install substitute new or used factory quality equipment that is reasonably calculated to keep the personal property of the consumer usable and operable.

(2) A lessor is liable to a secured creditor for the cost and installation of the substitute equipment if a lessor does not comply with subdivision (b)(1) of this section at the time of repossession.

(c) If a secured creditor repossesses the collateral of the secured creditor before the consumer becomes the owner of the merchandise that is attached to the collateral and before the collateral is resold, then the secured creditor shall: (1) Work with the lessor to comply with subdivision (b)(1) of this section; or (2) Pay the lessor whichever is the lesser amount: (A) The original cost of the merchandise; or (B) The total of remaining rental payments on the consumer's rental purchase agreement with the lessor.

(1) Work with the lessor to comply with subdivision (b)(1) of this section; or

(2) Pay the lessor whichever is the lesser amount: (A) The original cost of the merchandise; or (B) The total of remaining rental payments on the consumer's rental purchase agreement with the lessor.

(A) The original cost of the merchandise; or

(B) The total of remaining rental payments on the consumer's rental purchase agreement with the lessor.

Added by Act 2019, No. 865,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 4-35-106 — AR Code / Title 4 / Chapter 35 / Subchapter 1 / Section 4-35-106
Members
Status: in_force

A water authority shall not have members. Acts 2003, No. 1330, § 3.

A water authority shall not have members.

Acts 2003, No. 1330, § 3.
Ark. Code Ann. § 4-92-107 — AR Code / Title 4 / Chapter 92 / Section 4-92-107
Advertisements
Status: in_force

Any advertisement for a rental-purchase agreement must clearly and conspicuously state that the advertised transaction is a rental-purchase transaction. Acts 1987, No. 490, § 7.

Any advertisement for a rental-purchase agreement must clearly and conspicuously state that the advertised transaction is a rental-purchase transaction.

Acts 1987, No. 490, § 7.
Ark. Code Ann. § 4-57-103 — AR Code / Title 4 / Chapter 57 / Section 4-57-103
Statement of principal and interest
Status: in_force

(a) Upon written request of the borrower or debtor, any seller, lender, or any other person, corporation, or legal entity extending credit in this state shall furnish the borrower or debtor at the time of extending credit or of making the sale with a statement separately stating the principal and interest charged for any goods, property, or services sold to the borrower or debtor. (b) (1) Any creditor willfully refusing to furnish the statement of principal and interest as required in this section or who upon furnishing the statement of principal and interest to the borrower or debtor fraudulently misrepresents the amount of principal or interest paid shall be guilty of a violation and upon conviction shall be subject to a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500). (2) Each violation of this section shall constitute a separate offense. Acts 1969, No. 259, §§ 1, 2; A.S.A. 1947, §§ 68-612, 68-613; Acts 2005, No. 1994, § 37.

(a) Upon written request of the borrower or debtor, any seller, lender, or any other person, corporation, or legal entity extending credit in this state shall furnish the borrower or debtor at the time of extending credit or of making the sale with a statement separately stating the principal and interest charged for any goods, property, or services sold to the borrower or debtor.

(b) (1) Any creditor willfully refusing to furnish the statement of principal and interest as required in this section or who upon furnishing the statement of principal and interest to the borrower or debtor fraudulently misrepresents the amount of principal or interest paid shall be guilty of a violation and upon conviction shall be subject to a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500). (2) Each violation of this section shall constitute a separate offense.

(1) Any creditor willfully refusing to furnish the statement of principal and interest as required in this section or who upon furnishing the statement of principal and interest to the borrower or debtor fraudulently misrepresents the amount of principal or interest paid shall be guilty of a violation and upon conviction shall be subject to a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500).

(2) Each violation of this section shall constitute a separate offense.

Acts 1969, No. 259, §§ 1, 2; A.S.A. 1947, §§ 68-612, 68-613; Acts 2005, No. 1994, § 37.
Ark. Code Ann. § 4-28-616 — AR Code / Title 4 / Chapter 28 / Subchapter 6 / Section 4-28-616
Approval by members
Status: in_force

(a) Except as otherwise provided in the governing principles, an unincorporated nonprofit association must have the approval of its members to: (1) admit, suspend, dismiss, or expel a member; (2) select or dismiss a manager; (3) adopt, amend, or repeal the governing principles; (4) sell, lease, exchange, or otherwise dispose of all, or substantially all, of the association's property, with or without the association's goodwill, outside the ordinary course of its activities; (5) dissolve under § 4-28-628(a)(2) or merge under § 4-28-630 ; (6) undertake any other act outside the ordinary course of the association's activities; or (7) determine the policy and purposes of the association. (b) An unincorporated nonprofit association must have the approval of the members to do any other act or exercise a right that the governing principles require to be approved by members. (c) (1) It is the public policy of the State of Arkansas to ensure that the members of an unincorporated nonprofit association remain in control over the governing principles, purposes, and policies of their association. (2) This section shall not be construed as limiting the right of the members of an unincorporated nonprofit association to adopt, amend, restate, or repeal the governing principles of their association. (3) (A) In addition to any manner stated in the governing principles, the members of an unincorporated nonprofit association shall retain the right to adopt, amend, restate, or repeal the governing principles by majority approval of its members. (B) The governing principles as amended or restated shall be given effect upon approval by a majority of the members. (C) A person who is not a member of the unincorporated nonprofit association has no standing to object to, or challenge the validity of, the members' adoption, amendment, or repeal of the unincorporated nonprofit association's governing principles, purposes, and policies. Amended by Act 2023, No. 599,§ 1, eff. 8/1/2023. Acts 2011, No. 202, § 2.

(a) Except as otherwise provided in the governing principles, an unincorporated nonprofit association must have the approval of its members to: (1) admit, suspend, dismiss, or expel a member; (2) select or dismiss a manager; (3) adopt, amend, or repeal the governing principles; (4) sell, lease, exchange, or otherwise dispose of all, or substantially all, of the association's property, with or without the association's goodwill, outside the ordinary course of its activities; (5) dissolve under § 4-28-628(a)(2) or merge under § 4-28-630 ; (6) undertake any other act outside the ordinary course of the association's activities; or (7) determine the policy and purposes of the association.

(1) admit, suspend, dismiss, or expel a member;

(2) select or dismiss a manager;

(3) adopt, amend, or repeal the governing principles;

(4) sell, lease, exchange, or otherwise dispose of all, or substantially all, of the association's property, with or without the association's goodwill, outside the ordinary course of its activities;

(5) dissolve under § 4-28-628(a)(2) or merge under § 4-28-630 ;

(6) undertake any other act outside the ordinary course of the association's activities; or

(7) determine the policy and purposes of the association.

(b) An unincorporated nonprofit association must have the approval of the members to do any other act or exercise a right that the governing principles require to be approved by members.

(c) (1) It is the public policy of the State of Arkansas to ensure that the members of an unincorporated nonprofit association remain in control over the governing principles, purposes, and policies of their association. (2) This section shall not be construed as limiting the right of the members of an unincorporated nonprofit association to adopt, amend, restate, or repeal the governing principles of their association. (3) (A) In addition to any manner stated in the governing principles, the members of an unincorporated nonprofit association shall retain the right to adopt, amend, restate, or repeal the governing principles by majority approval of its members. (B) The governing principles as amended or restated shall be given effect upon approval by a majority of the members. (C) A person who is not a member of the unincorporated nonprofit association has no standing to object to, or challenge the validity of, the members' adoption, amendment, or repeal of the unincorporated nonprofit association's governing principles, purposes, and policies.

(1) It is the public policy of the State of Arkansas to ensure that the members of an unincorporated nonprofit association remain in control over the governing principles, purposes, and policies of their association.

(2) This section shall not be construed as limiting the right of the members of an unincorporated nonprofit association to adopt, amend, restate, or repeal the governing principles of their association.

(3) (A) In addition to any manner stated in the governing principles, the members of an unincorporated nonprofit association shall retain the right to adopt, amend, restate, or repeal the governing principles by majority approval of its members. (B) The governing principles as amended or restated shall be given effect upon approval by a majority of the members. (C) A person who is not a member of the unincorporated nonprofit association has no standing to object to, or challenge the validity of, the members' adoption, amendment, or repeal of the unincorporated nonprofit association's governing principles, purposes, and policies.

(A) In addition to any manner stated in the governing principles, the members of an unincorporated nonprofit association shall retain the right to adopt, amend, restate, or repeal the governing principles by majority approval of its members.

(B) The governing principles as amended or restated shall be given effect upon approval by a majority of the members.

(C) A person who is not a member of the unincorporated nonprofit association has no standing to object to, or challenge the validity of, the members' adoption, amendment, or repeal of the unincorporated nonprofit association's governing principles, purposes, and policies.

Amended by Act 2023, No. 599,§ 1, eff. 8/1/2023.

Acts 2011, No. 202, § 2.
Ark. Code Ann. § 4-28-207 — AR Code / Title 4 / Chapter 28 / Subchapter 2 / Section 4-28-207
Charitable, religious, etc., organizations - Amendment of articles of incorporation by operation of law
Status: in_force

Notwithstanding any provision of Arkansas law or in the articles of incorporation to the contrary, the articles of incorporation of each nonprofit corporation organized under the laws of this state which is an exempt charitable, religious, literary, educational, or scientific organization as described in section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3) , shall be deemed to contain the following provisions: "Upon the dissolution of the corporation, the board of trustees shall, after paying or making provision for the payment of all of the liabilities of the corporation, dispose of all of the assets of the corporation exclusively for the purposes of the corporation in such manner, or to such charitable, educational, religious, literary, or scientific purposes as shall at the time qualify as an exempt organization or organizations under section 501(c)(3) of the Internal Revenue Code of 1954, or the corresponding provision of any future United States Internal Revenue Law, as the board of trustees shall determine. Any such assets not so disposed of shall be disposed of by the circuit court of the county in which the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, as said court shall determine, which are organized and operated exclusively for such purposes." Acts 1977, No. 181, § 1; A.S.A. 1947, § 64-1924.

Notwithstanding any provision of Arkansas law or in the articles of incorporation to the contrary, the articles of incorporation of each nonprofit corporation organized under the laws of this state which is an exempt charitable, religious, literary, educational, or scientific organization as described in section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3) , shall be deemed to contain the following provisions:

"Upon the dissolution of the corporation, the board of trustees shall, after paying or making provision for the payment of all of the liabilities of the corporation, dispose of all of the assets of the corporation exclusively for the purposes of the corporation in such manner, or to such charitable, educational, religious, literary, or scientific purposes as shall at the time qualify as an exempt organization or organizations under section 501(c)(3) of the Internal Revenue Code of 1954, or the corresponding provision of any future United States Internal Revenue Law, as the board of trustees shall determine. Any such assets not so disposed of shall be disposed of by the circuit court of the county in which the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, as said court shall determine, which are organized and operated exclusively for such purposes."

Acts 1977, No. 181, § 1; A.S.A. 1947, § 64-1924.
Ark. Code Ann. § 4-18-315 — AR Code / Title 4 / Chapter 18 / Subchapter 3 / Section 4-18-315
Misrepresentation of quantity
Status: in_force

No person shall: (a) sell, offer, or expose for sale a quantity less than the quantity represented, nor (b) take more than the represented quantity when, as buyer, he/she furnishes the weight or measure by means of which the quantity is determined, nor (c) Represent the quantity in any manner calculated or tending to mislead or in any way deceive another person. Acts 2001, No. 587, § 15.

No person shall:

(a) sell, offer, or expose for sale a quantity less than the quantity represented, nor

(b) take more than the represented quantity when, as buyer, he/she furnishes the weight or measure by means of which the quantity is determined, nor

(c) Represent the quantity in any manner calculated or tending to mislead or in any way deceive another person.

Acts 2001, No. 587, § 15.
Ark. Code Ann. § 4-56-106 — AR Code / Title 4 / Chapter 56 / Section 4-56-106
Specie or legal tender - Definitions
Status: in_force

(a) As used in this section: (1) "Legal tender" means a recognized medium of exchange for the payment of debts and taxes; and (2) "Specie" means: (A) Coin having gold or silver content; or (B) Refined gold or silver bullion that is: (i) Coined, stamped, or imprinted with its weight and purity; and (ii) Valued primarily based on its metal content and not its form. (b) Specie or legal tender shall consist of: (1) Specie coin issued by the United States Government; or (2) Other specie that an Arkansas court rules to be within state authority to make or designate as legal tender. (c) Specie or legal tender shall not be characterized as personal property for taxation or regulatory purposes. (d) (1) The exchange of one (1) type or form of legal tender for another type or form of legal tender shall not give rise to any tax liability. (2) The purchase, sale, or exchange of any type or form of specie shall not give rise to any tax liability. (e) Unless specifically provided by law or by contract, a person shall not compel another person to tender specie or to accept specie as legal tender. (f) The Attorney General's office shall enforce this section without prejudice to a private right of action. (g) If a valid contract expressly designates a type or form of specie as tender, then an Arkansas court asked to adjudicate the breach of such a contract shall require, as a remedy for the breach, the specific performance of tendering the type or form of specie specified in the contract. (h) Specie may be recognized to pay debts. Added by Act 2023, No. 595,§ 2, eff. 8/1/2023. Act 2023, No. 595, § 1provides that this act shall be known and may be cited as the "Arkansas Legal Tender Act".

(a) As used in this section: (1) "Legal tender" means a recognized medium of exchange for the payment of debts and taxes; and (2) "Specie" means: (A) Coin having gold or silver content; or (B) Refined gold or silver bullion that is: (i) Coined, stamped, or imprinted with its weight and purity; and (ii) Valued primarily based on its metal content and not its form.

(1) "Legal tender" means a recognized medium of exchange for the payment of debts and taxes; and

(2) "Specie" means: (A) Coin having gold or silver content; or (B) Refined gold or silver bullion that is: (i) Coined, stamped, or imprinted with its weight and purity; and (ii) Valued primarily based on its metal content and not its form.

(A) Coin having gold or silver content; or

(B) Refined gold or silver bullion that is: (i) Coined, stamped, or imprinted with its weight and purity; and (ii) Valued primarily based on its metal content and not its form.

(i) Coined, stamped, or imprinted with its weight and purity; and

(ii) Valued primarily based on its metal content and not its form.

(b) Specie or legal tender shall consist of: (1) Specie coin issued by the United States Government; or (2) Other specie that an Arkansas court rules to be within state authority to make or designate as legal tender.

(1) Specie coin issued by the United States Government; or

(2) Other specie that an Arkansas court rules to be within state authority to make or designate as legal tender.

(c) Specie or legal tender shall not be characterized as personal property for taxation or regulatory purposes.

(d) (1) The exchange of one (1) type or form of legal tender for another type or form of legal tender shall not give rise to any tax liability. (2) The purchase, sale, or exchange of any type or form of specie shall not give rise to any tax liability.

(1) The exchange of one (1) type or form of legal tender for another type or form of legal tender shall not give rise to any tax liability.

(2) The purchase, sale, or exchange of any type or form of specie shall not give rise to any tax liability.

(e) Unless specifically provided by law or by contract, a person shall not compel another person to tender specie or to accept specie as legal tender.

(f) The Attorney General's office shall enforce this section without prejudice to a private right of action.

(g) If a valid contract expressly designates a type or form of specie as tender, then an Arkansas court asked to adjudicate the breach of such a contract shall require, as a remedy for the breach, the specific performance of tendering the type or form of specie specified in the contract.

(h) Specie may be recognized to pay debts.

Added by Act 2023, No. 595,§ 2, eff. 8/1/2023.

Act 2023, No. 595, § 1provides that this act shall be known and may be cited as the "Arkansas Legal Tender Act".
Ark. Code Ann. § 4-34-101 — AR Code / Title 4 / Chapter 34 / Section 4-34-101
Rehabilitative services corporations
Status: in_force

(a) There is authorized the creation of rehabilitative services corporations. (b) A rehabilitative services corporation shall be a public body and a body corporate and politic. (c) A rehabilitative services corporation shall be organized to assist the state in carrying out specialized and regular rehabilitative services for Arkansans in need of rehabilitative services. Acts 1999, No. 880, § 1.

(a) There is authorized the creation of rehabilitative services corporations.

(b) A rehabilitative services corporation shall be a public body and a body corporate and politic.

(c) A rehabilitative services corporation shall be organized to assist the state in carrying out specialized and regular rehabilitative services for Arkansans in need of rehabilitative services.

Acts 1999, No. 880, § 1.
Ark. Code Ann. § 4-97-102 — AR Code / Title 4 / Chapter 97 / Section 4-97-102
Legislative intent
Status: in_force

It is the purpose of this chapter to require certain guarantees from retail pet stores to the purchasers of dogs and cats that are consistent with their unique status as companions rather than commodities. A further purpose is to provide a means by which it can be ensured that the treatment, care, and disposition of those animals is humane and that the treatment, care, and disposition are consistent with providing to the retail consumer animals which are physically and temperamentally sound, healthy, and fit as companions; to provide a means by which the acquisition and care of those animals can be monitored; and to ensure that the animals and facilities are managed in a manner noninjurious to the public health. Therefore, it is hereby determined and declared that the supervision by the state of the sale of dogs and cats by retail pet stores, and the inspection of such animals, whether or not found within the public area of the store, is within the public interest. Acts 1991, No. 1225, § 2.

It is the purpose of this chapter to require certain guarantees from retail pet stores to the purchasers of dogs and cats that are consistent with their unique status as companions rather than commodities. A further purpose is to provide a means by which it can be ensured that the treatment, care, and disposition of those animals is humane and that the treatment, care, and disposition are consistent with providing to the retail consumer animals which are physically and temperamentally sound, healthy, and fit as companions; to provide a means by which the acquisition and care of those animals can be monitored; and to ensure that the animals and facilities are managed in a manner noninjurious to the public health. Therefore, it is hereby determined and declared that the supervision by the state of the sale of dogs and cats by retail pet stores, and the inspection of such animals, whether or not found within the public area of the store, is within the public interest.

Acts 1991, No. 1225, § 2.
Ark. Code Ann. § 4-38-104 — AR Code / Title 4 / Chapter 38 / Subchapter 1 / Section 4-38-104
Governing law
Status: in_force

The law of this state governs: (1) the internal affairs of a limited liability company; and (2) the liability of a member as member and a manager as manager for a debt, obligation, or other liability of a limited liability company. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

The law of this state governs:

(1) the internal affairs of a limited liability company; and

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

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-32-1101 — AR Code / Title 4 / Chapter 32 / Subchapter 11 / Section 4-32-1101
through 4-32-1103 - [Repealed]
Status: repealed

Repealed by Act 2021, No. 1041,§ 1, eff. 7/28/2021. Acts 1993, No. 1003, § 1101.

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

Acts 1993, No. 1003, § 1101.
Ark. Code Ann. § 4-38-905 — AR Code / Title 4 / Chapter 38 / Subchapter 9 / Section 4-38-905
Activities not constituting doing business
Status: in_force

(a) Activities of a foreign limited liability company which do not constitute doing business in this state under this subchapter include: (1) maintaining, defending, mediating, arbitrating, or settling an action or proceeding; (2) carrying on any activity concerning its internal affairs, including holding meetings of its members or managers; (3) maintaining accounts in financial institutions; (4) maintaining offices or agencies for the transfer, exchange, and registration of securities of the company or maintaining trustees or depositories with respect to those securities; (5) selling through independent contractors; (6) soliciting or obtaining orders by any means if the orders require acceptance outside this state before they become contracts; (7) creating or acquiring indebtedness, mortgages, or security interests in property; (8) securing or collecting debts or enforcing mortgages or security interests in property securing the debts and holding, protecting, or maintaining property; (9) conducting an isolated transaction that is not in the course of similar transactions; (10) owning, without more, property; and (11) doing business in interstate commerce. (b) A person does not do business in this state solely by being a member or manager of a foreign limited liability company that does business in this state. (c) This section does not apply in determining the contacts or activities that may subject a foreign limited liability company to service of process, taxation, or regulation under law of this state other than this chapter. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

(a) Activities of a foreign limited liability company which do not constitute doing business in this state under this subchapter include: (1) maintaining, defending, mediating, arbitrating, or settling an action or proceeding; (2) carrying on any activity concerning its internal affairs, including holding meetings of its members or managers; (3) maintaining accounts in financial institutions; (4) maintaining offices or agencies for the transfer, exchange, and registration of securities of the company or maintaining trustees or depositories with respect to those securities; (5) selling through independent contractors; (6) soliciting or obtaining orders by any means if the orders require acceptance outside this state before they become contracts; (7) creating or acquiring indebtedness, mortgages, or security interests in property; (8) securing or collecting debts or enforcing mortgages or security interests in property securing the debts and holding, protecting, or maintaining property; (9) conducting an isolated transaction that is not in the course of similar transactions; (10) owning, without more, property; and (11) doing business in interstate commerce.

(1) maintaining, defending, mediating, arbitrating, or settling an action or proceeding;

(2) carrying on any activity concerning its internal affairs, including holding meetings of its members or managers;

(3) maintaining accounts in financial institutions;

(4) maintaining offices or agencies for the transfer, exchange, and registration of securities of the company or maintaining trustees or depositories with respect to those securities;

(5) selling through independent contractors;

(6) soliciting or obtaining orders by any means if the orders require acceptance outside this state before they become contracts;

(7) creating or acquiring indebtedness, mortgages, or security interests in property;

(8) securing or collecting debts or enforcing mortgages or security interests in property securing the debts and holding, protecting, or maintaining property;

(9) conducting an isolated transaction that is not in the course of similar transactions;

(10) owning, without more, property; and

(11) doing business in interstate commerce.

(b) A person does not do business in this state solely by being a member or manager of a foreign limited liability company that does business in this state.

(c) This section does not apply in determining the contacts or activities that may subject a foreign limited liability company to service of process, taxation, or regulation under law of this state other than this chapter.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-89-102 — AR Code / Title 4 / Chapter 89 / Section 4-89-102
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Appropriate trade premises" means premises at which either the owner or seller normally carries on a business or where goods are normally offered or exposed for sale in the course of business carried on at those premises; (2) "Deceptive trade practices" means the following acts of a seller in connection with any home solicitation sale, and the following acts constitute a violation of this chapter: (A) Failure to comply with any requirement of §§ 4-89-107 and 4-89-109 ; (B) Misrepresenting in any manner the consumer's right to cancel; (C) Representing directly or indirectly that the seller is primarily conducting or participating in any survey, quiz, or contest or is primarily engaged in any activity other than soliciting business or misrepresenting in any manner the purpose of the call or solicitation; (D) Representing directly or indirectly that any offer to sell goods or services is being made only to specially selected persons or misrepresenting in any manner the persons or class of persons afforded the opportunity of purchasing the seller's goods or services; (E) Representing directly or indirectly that any sale or service is being offered for any organization, individual, or firm other than the one engaged in soliciting business or misrepresenting in any manner the identity of the solicitor or his or her firm and of the business in which he or she is engaged; (F) Representing directly or indirectly that any merchandise or service is free or is provided as a gift or without cost or charge in connection with the purchase of goods or services, unless the price of the goods or services required to be purchased in order to obtain the free merchandise or gift is disclosed; (G) Representing directly or indirectly that any price is a special or reduced price, unless it constitutes a significant reduction from the seller's established selling price at which the goods or services have been sold in substantial quantities in the recent and regular course of trade or misrepresenting in any manner the savings which the consumer will receive; (H) Failing to disclose clearly and unqualifiedly at the initial contact or solicitation and at all subsequent contacts or solicitations, whether by telephone, written communication, or person-to-person, that the purpose of the contact or solicitation is to sell goods or services; or (I) Failing to disclose clearly and conspicuously, both orally and in writing in the contract: (i) The total cash price; (ii) The down payment; (iii) The unpaid balance of the cash price; (iv) The number, amount, and due dates of payments necessary to pay the unpaid balance in full; and (v) An accurate description of the goods or services purchased; (3) "Goods" means tangible chattels bought for use primarily for personal, family, or household purposes, including certificates or coupons exchangeable for such goods, and including goods which, at the time of the sale or subsequently, are to be so affixed to real property as to become a part of such real property whether or not severable therefrom; (4) (A) "Home solicitation sale" means a cash sale or a consumer credit sale of goods, other than insurance, or services in which the seller or a person acting for him or her engages in a personal solicitation of the sale at other than appropriate trade premises in an amount more than twenty-five dollars ($25.00). (B) This definition also includes all telephone sales in which the seller has initiated contact, regardless of his or her location, and the consumer's agreement to purchase is made at the consumer's home. (C) It does not include a sale made pursuant to prior negotiations between the parties at a business establishment, at a fixed location, where goods or services are offered or exhibited for sale, or a sale in which the buyer has initiated the contact and specifically requested the seller to visit his or her home for the purpose of repairing or performing maintenance upon the buyer's personal property. If, in the course of such a visit, the seller sells the buyer the right to receive additional services or goods other than replacement parts necessarily used in performing the maintenance or in making the repairs, the sale of those additional goods or services would not fall within this exclusion. (D) The term "home solicitation sale" does not include a transaction involving an order for goods to be delivered at one (1) time if: (i) The order is evidenced only by a sales ticket or invoice which the buyer is not required to sign; (ii) The buyer makes no payment prior to delivery of the goods; (iii) The goods are not delivered within three (3) business days of the date of the order; (iv) The buyer may refuse to accept the goods when they are delivered without incurring any obligation to pay for them or the expenses associated with the transaction, including mailing or shipping charges, or the buyer may, upon inspecting the goods after delivery, return them within three (3) business days to the seller and receive a full refund for any amounts the buyer has paid, including mailing and shipping charges; and (v) The buyer's right to cancel the order, refuse delivery, or return the goods without obligation or charge is clearly and unmistakably set forth on the face or reverse side of the sales ticket or invoice; (5) "Seller" means any person, partnership, corporation, or association engaged in the door-to-door or telephone sale of consumer goods or services; and (6) "Services" means work, labor, or other services furnished primarily for personal, family, or household purposes, including, but not limited to, services in connection with the repair, alteration, or improvement of residential premises, courses of instruction or training regardless of the purpose for which they are taken, and services furnished in connection with the sale or repair of goods, but does not include the services of attorneys, real estate brokers and salesmen, securities dealers or investment counselors, physicians, optometrists, or dentists. Acts 1973, No. 462, §§ 2, 7; 1981, No. 341, §§ 1-3, 5; A.S.A. 1947, §§ 70-915, 70-920; Acts 1995, No. 447, § 1.

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

(1) "Appropriate trade premises" means premises at which either the owner or seller normally carries on a business or where goods are normally offered or exposed for sale in the course of business carried on at those premises;

(2) "Deceptive trade practices" means the following acts of a seller in connection with any home solicitation sale, and the following acts constitute a violation of this chapter: (A) Failure to comply with any requirement of §§ 4-89-107 and 4-89-109 ; (B) Misrepresenting in any manner the consumer's right to cancel; (C) Representing directly or indirectly that the seller is primarily conducting or participating in any survey, quiz, or contest or is primarily engaged in any activity other than soliciting business or misrepresenting in any manner the purpose of the call or solicitation; (D) Representing directly or indirectly that any offer to sell goods or services is being made only to specially selected persons or misrepresenting in any manner the persons or class of persons afforded the opportunity of purchasing the seller's goods or services; (E) Representing directly or indirectly that any sale or service is being offered for any organization, individual, or firm other than the one engaged in soliciting business or misrepresenting in any manner the identity of the solicitor or his or her firm and of the business in which he or she is engaged; (F) Representing directly or indirectly that any merchandise or service is free or is provided as a gift or without cost or charge in connection with the purchase of goods or services, unless the price of the goods or services required to be purchased in order to obtain the free merchandise or gift is disclosed; (G) Representing directly or indirectly that any price is a special or reduced price, unless it constitutes a significant reduction from the seller's established selling price at which the goods or services have been sold in substantial quantities in the recent and regular course of trade or misrepresenting in any manner the savings which the consumer will receive; (H) Failing to disclose clearly and unqualifiedly at the initial contact or solicitation and at all subsequent contacts or solicitations, whether by telephone, written communication, or person-to-person, that the purpose of the contact or solicitation is to sell goods or services; or (I) Failing to disclose clearly and conspicuously, both orally and in writing in the contract: (i) The total cash price; (ii) The down payment; (iii) The unpaid balance of the cash price; (iv) The number, amount, and due dates of payments necessary to pay the unpaid balance in full; and (v) An accurate description of the goods or services purchased;

(A) Failure to comply with any requirement of §§ 4-89-107 and 4-89-109 ;

(B) Misrepresenting in any manner the consumer's right to cancel;

(C) Representing directly or indirectly that the seller is primarily conducting or participating in any survey, quiz, or contest or is primarily engaged in any activity other than soliciting business or misrepresenting in any manner the purpose of the call or solicitation;

(D) Representing directly or indirectly that any offer to sell goods or services is being made only to specially selected persons or misrepresenting in any manner the persons or class of persons afforded the opportunity of purchasing the seller's goods or services;

(E) Representing directly or indirectly that any sale or service is being offered for any organization, individual, or firm other than the one engaged in soliciting business or misrepresenting in any manner the identity of the solicitor or his or her firm and of the business in which he or she is engaged;

(F) Representing directly or indirectly that any merchandise or service is free or is provided as a gift or without cost or charge in connection with the purchase of goods or services, unless the price of the goods or services required to be purchased in order to obtain the free merchandise or gift is disclosed;

(G) Representing directly or indirectly that any price is a special or reduced price, unless it constitutes a significant reduction from the seller's established selling price at which the goods or services have been sold in substantial quantities in the recent and regular course of trade or misrepresenting in any manner the savings which the consumer will receive;

(H) Failing to disclose clearly and unqualifiedly at the initial contact or solicitation and at all subsequent contacts or solicitations, whether by telephone, written communication, or person-to-person, that the purpose of the contact or solicitation is to sell goods or services; or

(I) Failing to disclose clearly and conspicuously, both orally and in writing in the contract: (i) The total cash price; (ii) The down payment; (iii) The unpaid balance of the cash price; (iv) The number, amount, and due dates of payments necessary to pay the unpaid balance in full; and (v) An accurate description of the goods or services purchased;

(i) The total cash price;

(ii) The down payment;

(iii) The unpaid balance of the cash price;

(iv) The number, amount, and due dates of payments necessary to pay the unpaid balance in full; and

(v) An accurate description of the goods or services purchased;

(3) "Goods" means tangible chattels bought for use primarily for personal, family, or household purposes, including certificates or coupons exchangeable for such goods, and including goods which, at the time of the sale or subsequently, are to be so affixed to real property as to become a part of such real property whether or not severable therefrom;

(4) (A) "Home solicitation sale" means a cash sale or a consumer credit sale of goods, other than insurance, or services in which the seller or a person acting for him or her engages in a personal solicitation of the sale at other than appropriate trade premises in an amount more than twenty-five dollars ($25.00). (B) This definition also includes all telephone sales in which the seller has initiated contact, regardless of his or her location, and the consumer's agreement to purchase is made at the consumer's home. (C) It does not include a sale made pursuant to prior negotiations between the parties at a business establishment, at a fixed location, where goods or services are offered or exhibited for sale, or a sale in which the buyer has initiated the contact and specifically requested the seller to visit his or her home for the purpose of repairing or performing maintenance upon the buyer's personal property. If, in the course of such a visit, the seller sells the buyer the right to receive additional services or goods other than replacement parts necessarily used in performing the maintenance or in making the repairs, the sale of those additional goods or services would not fall within this exclusion. (D) The term "home solicitation sale" does not include a transaction involving an order for goods to be delivered at one (1) time if: (i) The order is evidenced only by a sales ticket or invoice which the buyer is not required to sign; (ii) The buyer makes no payment prior to delivery of the goods; (iii) The goods are not delivered within three (3) business days of the date of the order; (iv) The buyer may refuse to accept the goods when they are delivered without incurring any obligation to pay for them or the expenses associated with the transaction, including mailing or shipping charges, or the buyer may, upon inspecting the goods after delivery, return them within three (3) business days to the seller and receive a full refund for any amounts the buyer has paid, including mailing and shipping charges; and (v) The buyer's right to cancel the order, refuse delivery, or return the goods without obligation or charge is clearly and unmistakably set forth on the face or reverse side of the sales ticket or invoice;

(A) "Home solicitation sale" means a cash sale or a consumer credit sale of goods, other than insurance, or services in which the seller or a person acting for him or her engages in a personal solicitation of the sale at other than appropriate trade premises in an amount more than twenty-five dollars ($25.00).

(B) This definition also includes all telephone sales in which the seller has initiated contact, regardless of his or her location, and the consumer's agreement to purchase is made at the consumer's home.

(C) It does not include a sale made pursuant to prior negotiations between the parties at a business establishment, at a fixed location, where goods or services are offered or exhibited for sale, or a sale in which the buyer has initiated the contact and specifically requested the seller to visit his or her home for the purpose of repairing or performing maintenance upon the buyer's personal property. If, in the course of such a visit, the seller sells the buyer the right to receive additional services or goods other than replacement parts necessarily used in performing the maintenance or in making the repairs, the sale of those additional goods or services would not fall within this exclusion.

(D) The term "home solicitation sale" does not include a transaction involving an order for goods to be delivered at one (1) time if: (i) The order is evidenced only by a sales ticket or invoice which the buyer is not required to sign; (ii) The buyer makes no payment prior to delivery of the goods; (iii) The goods are not delivered within three (3) business days of the date of the order; (iv) The buyer may refuse to accept the goods when they are delivered without incurring any obligation to pay for them or the expenses associated with the transaction, including mailing or shipping charges, or the buyer may, upon inspecting the goods after delivery, return them within three (3) business days to the seller and receive a full refund for any amounts the buyer has paid, including mailing and shipping charges; and (v) The buyer's right to cancel the order, refuse delivery, or return the goods without obligation or charge is clearly and unmistakably set forth on the face or reverse side of the sales ticket or invoice;

(i) The order is evidenced only by a sales ticket or invoice which the buyer is not required to sign;

(ii) The buyer makes no payment prior to delivery of the goods;

(iii) The goods are not delivered within three (3) business days of the date of the order;

(iv) The buyer may refuse to accept the goods when they are delivered without incurring any obligation to pay for them or the expenses associated with the transaction, including mailing or shipping charges, or the buyer may, upon inspecting the goods after delivery, return them within three (3) business days to the seller and receive a full refund for any amounts the buyer has paid, including mailing and shipping charges; and

(v) The buyer's right to cancel the order, refuse delivery, or return the goods without obligation or charge is clearly and unmistakably set forth on the face or reverse side of the sales ticket or invoice;

(5) "Seller" means any person, partnership, corporation, or association engaged in the door-to-door or telephone sale of consumer goods or services; and

(6) "Services" means work, labor, or other services furnished primarily for personal, family, or household purposes, including, but not limited to, services in connection with the repair, alteration, or improvement of residential premises, courses of instruction or training regardless of the purpose for which they are taken, and services furnished in connection with the sale or repair of goods, but does not include the services of attorneys, real estate brokers and salesmen, securities dealers or investment counselors, physicians, optometrists, or dentists.

Acts 1973, No. 462, §§ 2, 7; 1981, No. 341, §§ 1-3, 5; A.S.A. 1947, §§ 70-915, 70-920; Acts 1995, No. 447, § 1.
Ark. Code Ann. § 4-18-313 — AR Code / Title 4 / Chapter 18 / Subchapter 3 / Section 4-18-313
Special police powers
Status: in_force

When necessary for the enforcement of this subchapter or rules promulgated pursuant thereto, personnel designated by the Department of Agriculture on behalf of the Arkansas Bureau of Standards are: (a) Authorized to enter any commercial premises during normal business hours, except that in the event such premises are not open to the public, he/she shall first present his/her credentials and obtain consent before making entry thereto, unless a search warrant has previously been obtained. (b) Empowered to issue stop-use, hold, and removal orders with respect to any weights and measures commercially used, stop-sale, hold, and removal orders with respect to any packaged commodities or bulk commodities kept, offered, or exposed for sale. (c) Empowered to seize, for use as evidence, without formal warrant, any incorrect or unapproved weight, measure, package, or commodity found to be used, retained, offered, or exposed for sale or sold in violation of the provisions of this subchapter or rules promulgated pursuant thereto. (d) Empowered to stop any commercial vehicle and, after presentation of his credentials, inspect the contents, require that the person in charge of that vehicle produce any documents in his or her possession concerning the contents, and require him or her to proceed with the vehicle to some specified place for inspection. (e) With respect to the enforcement of this subchapter, the department is hereby vested with special police powers, and is authorized to arrest, with warrant, any violator of this subchapter. Amended by Act 2019, No. 910,§ 36, eff. 7/1/2019. Acts 2001, No. 587, § 13.

When necessary for the enforcement of this subchapter or rules promulgated pursuant thereto, personnel designated by the Department of Agriculture on behalf of the Arkansas Bureau of Standards are:

(a) Authorized to enter any commercial premises during normal business hours, except that in the event such premises are not open to the public, he/she shall first present his/her credentials and obtain consent before making entry thereto, unless a search warrant has previously been obtained.

(b) Empowered to issue stop-use, hold, and removal orders with respect to any weights and measures commercially used, stop-sale, hold, and removal orders with respect to any packaged commodities or bulk commodities kept, offered, or exposed for sale.

(c) Empowered to seize, for use as evidence, without formal warrant, any incorrect or unapproved weight, measure, package, or commodity found to be used, retained, offered, or exposed for sale or sold in violation of the provisions of this subchapter or rules promulgated pursuant thereto.

(d) Empowered to stop any commercial vehicle and, after presentation of his credentials, inspect the contents, require that the person in charge of that vehicle produce any documents in his or her possession concerning the contents, and require him or her to proceed with the vehicle to some specified place for inspection.

(e) With respect to the enforcement of this subchapter, the department is hereby vested with special police powers, and is authorized to arrest, with warrant, any violator of this subchapter.

Amended by Act 2019, No. 910,§ 36, eff. 7/1/2019.

Acts 2001, No. 587, § 13.
Ark. Code Ann. § 4-47-112 — AR Code / Title 4 / Chapter 47 / Subchapter 1 / Section 4-47-112
Business transactions of partner with partnership
Status: in_force

A partner may lend money to and transact other business with the limited partnership and has the same rights and obligations with respect to the loan or other transaction as a person that is not a partner. Acts 2007, No. 15, § 1.

A partner may lend money to and transact other business with the limited partnership and has the same rights and obligations with respect to the loan or other transaction as a person that is not a partner.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-29-303 — AR Code / Title 4 / Chapter 29 / Subchapter 3 / Section 4-29-303
Application of Arkansas Business Corporation Act
Status: in_force

(a) The Arkansas Business Corporation Act of 1987, § 4-27-101 et seq., shall be applicable to such corporations, including their organization, except that the required number of incorporators of a medical corporation shall be one (1) or more, and they shall enjoy the powers and privileges and be subject to the duties, restrictions, and liabilities of other corporations, except so far as the same may be limited or enlarged by this subchapter. (b) If any provision of this subchapter conflicts with the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq., this subchapter shall take precedence. Acts 1961, No. 179, § 3; 1970, (Ex. Sess.), No. 13, § 4; A.S.A. 1947, § 64-1703; Acts 1999, No. 480, § 1.

(a) The Arkansas Business Corporation Act of 1987, § 4-27-101 et seq., shall be applicable to such corporations, including their organization, except that the required number of incorporators of a medical corporation shall be one (1) or more, and they shall enjoy the powers and privileges and be subject to the duties, restrictions, and liabilities of other corporations, except so far as the same may be limited or enlarged by this subchapter.

(b) If any provision of this subchapter conflicts with the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq., this subchapter shall take precedence.

Acts 1961, No. 179, § 3; 1970, (Ex. Sess.), No. 13, § 4; A.S.A. 1947, § 64-1703; Acts 1999, No. 480, § 1.
Ark. Code Ann. § 4-75-205 — AR Code / Title 4 / Chapter 75 / Subchapter 2 / Section 4-75-205
Forfeiture of charter, rights, etc. - Proceedings
Status: in_force

(a) Upon the third violation of any of the provisions of this subchapter by any corporation, it shall be the duty of the Attorney General to institute proper suits or quo warranto proceedings in any court of competent jurisdiction for the forfeiture of its charter, rights, franchises, or privileges and powers exercised by the corporation, and to permanently enjoin it from transacting business in this state. (b) If in such action the court finds that the corporation is violating or has violated any of the provisions of this subchapter, it must enjoin the corporation from doing business in this state permanently or for such time as the court shall order, or must annul the charter or revoke the franchise of the corporation. Acts 1937, No. 253, § 8; Pope's Dig., § 14318; A.S.A. 1947, § 70-308.

(a) Upon the third violation of any of the provisions of this subchapter by any corporation, it shall be the duty of the Attorney General to institute proper suits or quo warranto proceedings in any court of competent jurisdiction for the forfeiture of its charter, rights, franchises, or privileges and powers exercised by the corporation, and to permanently enjoin it from transacting business in this state.

(b) If in such action the court finds that the corporation is violating or has violated any of the provisions of this subchapter, it must enjoin the corporation from doing business in this state permanently or for such time as the court shall order, or must annul the charter or revoke the franchise of the corporation.

Acts 1937, No. 253, § 8; Pope's Dig., § 14318; A.S.A. 1947, § 70-308.
Ark. Code Ann. § 4-34-103 — AR Code / Title 4 / Chapter 34 / Section 4-34-103
Rural fire protection corporations
Status: in_force

(a) There is authorized the creation of rural fire protection corporations. (b) A rural fire protection corporation shall be a public body and a body corporate and politic. (c) A rural fire protection corporation shall be organized to provide fire protection to rural areas of the state. Acts 1999, No. 880, § 3.

(a) There is authorized the creation of rural fire protection corporations.

(b) A rural fire protection corporation shall be a public body and a body corporate and politic.

(c) A rural fire protection corporation shall be organized to provide fire protection to rural areas of the state.

Acts 1999, No. 880, § 3.
Ark. Code Ann. § 4-31-203 — AR Code / Title 4 / Chapter 31 / Subchapter 2 / Section 4-31-203
Extent of benefits and application of subchapter
Status: in_force

(a) Nothing in this subchapter shall be construed as limiting the benefits and application of this subchapter to loans insured or guaranteed by the Federal Housing Administration, the Department of Veterans Affairs, or any other governmental agency or department. (b) The benefits of this subchapter shall extend to and include all loans or participations or interests therein secured by mortgages or mortgage notes on real property situated in Arkansas, whether or not insured or guaranteed. (c) Nothing in this subchapter shall be construed to permit any foreign corporation to do business in violation of the small loan law of the State of Arkansas nor of the laws of Arkansas governing the organization and operation of building and loan associations or societies, or savings and loan associations or societies, or any insurance company, nor to limit the authority of foreign corporations authorized to do unlimited business under the general laws of Arkansas, or to qualify to be so authorized. Acts 1989, No. 947, § 1.

(a) Nothing in this subchapter shall be construed as limiting the benefits and application of this subchapter to loans insured or guaranteed by the Federal Housing Administration, the Department of Veterans Affairs, or any other governmental agency or department.

(b) The benefits of this subchapter shall extend to and include all loans or participations or interests therein secured by mortgages or mortgage notes on real property situated in Arkansas, whether or not insured or guaranteed.

(c) Nothing in this subchapter shall be construed to permit any foreign corporation to do business in violation of the small loan law of the State of Arkansas nor of the laws of Arkansas governing the organization and operation of building and loan associations or societies, or savings and loan associations or societies, or any insurance company, nor to limit the authority of foreign corporations authorized to do unlimited business under the general laws of Arkansas, or to qualify to be so authorized.

Acts 1989, No. 947, § 1.
Ark. Code Ann. § 4-5-115 — AR Code / Title 4 / Chapter 5 / Section 4-5-115
Statute of limitations
Status: in_force

An action to enforce a right or obligation arising under this chapter must be commenced within one (1) year after the expiration date of the relevant letter of credit or one (1) year after the cause of action accrues, whichever occurs later. A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. Acts 1997, No. 1070, § 1.

An action to enforce a right or obligation arising under this chapter must be commenced within one (1) year after the expiration date of the relevant letter of credit or one (1) year after the cause of action accrues, whichever occurs later. A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach.

Acts 1997, No. 1070, § 1.
Ark. Code Ann. § 4-88-207 — AR Code / Title 4 / Chapter 88 / Subchapter 2 / Section 4-88-207
Elder Person and Person with a Disability Victims Fund created
Status: in_force

The "Elder Person and Person with a Disability Victims Fund" is hereby created and established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State and shall consist of those special funds as may be provided by law. This fund shall be used for the investigation and prosecution of deceptive acts against an elder person or person with a disability and for consumer education initiatives directed toward elder persons or persons with a disability, law enforcement officers, the judicial system, social services professionals, and the general public on the provisions of this chapter and related statutes. Amended by Act 2019, No. 1035,§ 2, eff. 7/24/2019. Acts 1993, No. 138, § 2.

The "Elder Person and Person with a Disability Victims Fund" is hereby created and established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State and shall consist of those special funds as may be provided by law. This fund shall be used for the investigation and prosecution of deceptive acts against an elder person or person with a disability and for consumer education initiatives directed toward elder persons or persons with a disability, law enforcement officers, the judicial system, social services professionals, and the general public on the provisions of this chapter and related statutes.

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

Acts 1993, No. 138, § 2.
Ark. Code Ann. § 4-113-101 — AR Code / Title 4 / Chapter 113 / Section 4-113-101
[Repealed]
Status: repealed

Repealed by Act 2019, No. 1091,§ 1, eff. 7/24/2019. Acts 2007, No. 604, § 1.

Repealed by Act 2019, No. 1091,§ 1, eff. 7/24/2019.

Acts 2007, No. 604, § 1.
Ark. Code Ann. § 4-92-101 — AR Code / Title 4 / Chapter 92 / Section 4-92-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Rental Purchase Act". Acts 1987, No. 490, § 1.

This chapter shall be known and may be cited as the "Rental Purchase Act".

Acts 1987, No. 490, § 1.
Ark. Code Ann. § 4-90-303 — AR Code / Title 4 / Chapter 90 / Subchapter 3 / Section 4-90-303
Penalties
Status: in_force

Any person who violates any provision of this subchapter shall, upon conviction, be guilty of a violation and shall be subject to the penalty prescribed in § 5-4-201(c)(1) . Acts 1991, No. 1209, § 4.

Any person who violates any provision of this subchapter shall, upon conviction, be guilty of a violation and shall be subject to the penalty prescribed in § 5-4-201(c)(1) .

Acts 1991, No. 1209, § 4.
Ark. Code Ann. § 4-38-1102 — AR Code / Title 4 / Chapter 38 / Subchapter 11 / Section 4-38-1102
Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c) , or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b) . Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

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

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-56-101 — AR Code / Title 4 / Chapter 56 / Section 4-56-101
Attorney's fees
Status: in_force

(a) A provision in a promissory note for the payment of reasonable attorney's fees, not to exceed ten percent (10%) of the amount of principal due, plus accrued interest, for services actually rendered in accordance with its terms is enforceable as a contract of indemnity. (b) This section shall apply only to notes executed from and after June 7, 1951. Acts 1951, No. 350, §§ 1, 2; A.S.A. 1947, §§ 68-910, 68-910n.

(a) A provision in a promissory note for the payment of reasonable attorney's fees, not to exceed ten percent (10%) of the amount of principal due, plus accrued interest, for services actually rendered in accordance with its terms is enforceable as a contract of indemnity.

(b) This section shall apply only to notes executed from and after June 7, 1951.

Acts 1951, No. 350, §§ 1, 2; A.S.A. 1947, §§ 68-910, 68-910n.
Ark. Code Ann. § 4-72-501 — AR Code / Title 4 / Chapter 72 / Subchapter 5 / Section 4-72-501
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Franchise" means any agreement or contract between a petroleum products supplier or a petroleum products distributor and a petroleum products dealer whereby the supplier or distributor agrees to furnish or supply petroleum products to the dealer and the dealer agrees to purchase or accept on consignment or otherwise receive petroleum products from the supplier or distributor for retail sale; (2) "Petroleum products dealer" means and includes any person, firm, corporation, or other business entity engaged in the business of selling petroleum products at retail; (3) "Petroleum products distributor" means and includes any person, firm, corporation, or other business entity engaged in the business of selling petroleum products at wholesale as a jobber, distributor, consignee, agent, or in any other capacity; and (4) "Petroleum products supplier" means and includes any person, firm, corporation, subsidiary company, or other business entity engaged in the business of manufacturing, producing, or refining of petroleum products for sale or consignment to a petroleum products dealer. Acts 1975, No. 471, § 1; A.S.A. 1947, § 53-1101.

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

(1) "Franchise" means any agreement or contract between a petroleum products supplier or a petroleum products distributor and a petroleum products dealer whereby the supplier or distributor agrees to furnish or supply petroleum products to the dealer and the dealer agrees to purchase or accept on consignment or otherwise receive petroleum products from the supplier or distributor for retail sale;

(2) "Petroleum products dealer" means and includes any person, firm, corporation, or other business entity engaged in the business of selling petroleum products at retail;

(3) "Petroleum products distributor" means and includes any person, firm, corporation, or other business entity engaged in the business of selling petroleum products at wholesale as a jobber, distributor, consignee, agent, or in any other capacity; and

(4) "Petroleum products supplier" means and includes any person, firm, corporation, subsidiary company, or other business entity engaged in the business of manufacturing, producing, or refining of petroleum products for sale or consignment to a petroleum products dealer.

Acts 1975, No. 471, § 1; A.S.A. 1947, § 53-1101.
Ark. Code Ann. § 4-35-206 — AR Code / Title 4 / Chapter 35 / Subchapter 2 / Section 4-35-206
Notice
Status: in_force

(a) Notice may be communicated: (1) In person; (2) By telegraph, teletype, telecopier, facsimile, or other similar form of wire or wireless communication; or (3) By mail or private carrier. (b) Written notice, if in a comprehensible form, is effective at the earliest of the following: (1) When received; (2) Two (2) days after its deposit in the United States mail, as evidenced by the postmark, if mailed correctly addressed and with first class postage affixed; or (3) On the date shown on the return receipt if sent by registered or certificated mail, return receipt requested, and the receipt is signed by or on behalf of the addressee. Acts 2003, No. 1330, § 3.

(a) Notice may be communicated: (1) In person; (2) By telegraph, teletype, telecopier, facsimile, or other similar form of wire or wireless communication; or (3) By mail or private carrier.

(1) In person;

(2) By telegraph, teletype, telecopier, facsimile, or other similar form of wire or wireless communication; or

(3) By mail or private carrier.

(b) Written notice, if in a comprehensible form, is effective at the earliest of the following: (1) When received; (2) Two (2) days after its deposit in the United States mail, as evidenced by the postmark, if mailed correctly addressed and with first class postage affixed; or (3) On the date shown on the return receipt if sent by registered or certificated mail, return receipt requested, and the receipt is signed by or on behalf of the addressee.

(1) When received;

(2) Two (2) days after its deposit in the United States mail, as evidenced by the postmark, if mailed correctly addressed and with first class postage affixed; or

(3) On the date shown on the return receipt if sent by registered or certificated mail, return receipt requested, and the receipt is signed by or on behalf of the addressee.

Acts 2003, No. 1330, § 3.
Ark. Code Ann. § 4-47-506 — AR Code / Title 4 / Chapter 47 / Subchapter 5 / Section 4-47-506
Distribution in kind
Status: in_force

A partner does not have a right to demand or receive any distribution from a limited partnership in any form other than cash. Subject to § 4-47-812(b) , a limited partnership may distribute an asset in kind to the extent each partner receives a percentage of the asset equal to the partner's share of distributions. Acts 2007, No. 15, § 1.

A partner does not have a right to demand or receive any distribution from a limited partnership in any form other than cash. Subject to § 4-47-812(b) , a limited partnership may distribute an asset in kind to the extent each partner receives a percentage of the asset equal to the partner's share of distributions.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-108-206 — AR Code / Title 4 / Chapter 108 / Subchapter 2 / Section 4-108-206
Registration of engine fuels designed for special use
Status: in_force

(a) All engine fuels designed for special use must be registered with the State Plant Board. (b) Such registration shall include the: (1) Name, brand, or trademark under which the fuel will be sold; (2) Name and address of the person registering the engine fuel; (3) Special use for which the engine fuel is designed; and (4) Certification, declaration, or affidavit stating the specifications which the fuel will meet upon testing. Acts 2001, No. 586, § 6.

(a) All engine fuels designed for special use must be registered with the State Plant Board.

(b) Such registration shall include the: (1) Name, brand, or trademark under which the fuel will be sold; (2) Name and address of the person registering the engine fuel; (3) Special use for which the engine fuel is designed; and (4) Certification, declaration, or affidavit stating the specifications which the fuel will meet upon testing.

(1) Name, brand, or trademark under which the fuel will be sold;

(2) Name and address of the person registering the engine fuel;

(3) Special use for which the engine fuel is designed; and

(4) Certification, declaration, or affidavit stating the specifications which the fuel will meet upon testing.

Acts 2001, No. 586, § 6.
Ark. Code Ann. § 4-105-205 — AR Code / Title 4 / Chapter 105 / Subchapter 2 / Section 4-105-205
Valuation
Status: in_force

(a) The current value of the written lease equals the total amount for which that lease obligates the consumer during the period of the lease remaining after its early termination, plus the assistive device dealer's early termination costs and the value of the assistive device at the lease expiration date if the lease sets forth that value, less the assistive device lessor's early termination savings. (b) A reasonable allowance for use may not exceed the amount obtained by multiplying the total amount for which the written lease obligates the consumer by a fraction, the denominator of which is one thousand four hundred sixty (1,460) and the numerator of which is the number of days that the consumer used the assistive device before first reporting the nonconformity to the manufacturer, assistive device lessor, or assistive device dealer. Acts 1999, No. 953, § 5.

(a) The current value of the written lease equals the total amount for which that lease obligates the consumer during the period of the lease remaining after its early termination, plus the assistive device dealer's early termination costs and the value of the assistive device at the lease expiration date if the lease sets forth that value, less the assistive device lessor's early termination savings.

(b) A reasonable allowance for use may not exceed the amount obtained by multiplying the total amount for which the written lease obligates the consumer by a fraction, the denominator of which is one thousand four hundred sixty (1,460) and the numerator of which is the number of days that the consumer used the assistive device before first reporting the nonconformity to the manufacturer, assistive device lessor, or assistive device dealer.

Acts 1999, No. 953, § 5.
Ark. Code Ann. § 4-46-703 — AR Code / Title 4 / Chapter 46 / Subchapter 7 / Section 4-46-703
Dissociated partner's liability to other persons
Status: in_force

(a) A partner's dissociation does not of itself discharge the partner's liability for a partnership obligation incurred before dissociation. A dissociated partner is not liable for a partnership obligation incurred after dissociation, except as otherwise provided in subsection (b) of this section. (b) A partner who dissociates without resulting in a dissolution and winding up of the partnership business is liable as a partner to the other party in a transaction entered into by the partnership, or a converted or surviving organization under § 4-46-901 et seq., within two years after the partner's dissociation, only if the partner is liable for the obligation under § 4-46-306 and at the time of entering into the transaction the other party: (1) reasonably believed that the dissociated partner was then a partner; (2) did not have notice of the partner's dissociation; and (3) is not deemed to have had knowledge under § 4-46-303(e) or notice under § 4-46-704(c) . (c) By agreement with the partnership creditor and the partners continuing the business, a dissociated partner may be released from liability for a partnership obligation. (d) A dissociated partner is released from liability for a partnership obligation if a partnership creditor, with notice of the partner's dissociation but without the partner's consent, agrees to a material alteration in the nature or time of payment of a partnership obligation. Acts 1999, No. 1518, § 703; 2009, No. 408, § 11.

(a) A partner's dissociation does not of itself discharge the partner's liability for a partnership obligation incurred before dissociation. A dissociated partner is not liable for a partnership obligation incurred after dissociation, except as otherwise provided in subsection (b) of this section.

(b) A partner who dissociates without resulting in a dissolution and winding up of the partnership business is liable as a partner to the other party in a transaction entered into by the partnership, or a converted or surviving organization under § 4-46-901 et seq., within two years after the partner's dissociation, only if the partner is liable for the obligation under § 4-46-306 and at the time of entering into the transaction the other party: (1) reasonably believed that the dissociated partner was then a partner; (2) did not have notice of the partner's dissociation; and (3) is not deemed to have had knowledge under § 4-46-303(e) or notice under § 4-46-704(c) .

(1) reasonably believed that the dissociated partner was then a partner;

(2) did not have notice of the partner's dissociation; and

(3) is not deemed to have had knowledge under § 4-46-303(e) or notice under § 4-46-704(c) .

(c) By agreement with the partnership creditor and the partners continuing the business, a dissociated partner may be released from liability for a partnership obligation.

(d) A dissociated partner is released from liability for a partnership obligation if a partnership creditor, with notice of the partner's dissociation but without the partner's consent, agrees to a material alteration in the nature or time of payment of a partnership obligation.

Acts 1999, No. 1518, § 703; 2009, No. 408, § 11.
Ark. Code Ann. § 4-71-205 — AR Code / Title 4 / Chapter 71 / Subchapter 2 / Section 4-71-205
Certificate of registration
Status: in_force

(a) Upon compliance by the applicant with the requirements of this subchapter, the Secretary of State shall cause a certificate of registration to be issued and delivered to the applicant. (b) The certificate of registration shall be issued under the signature of the Secretary of State and the seal of the state, and it shall show the name and business address and, if a corporation, the state of incorporation, or if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the Secretary of State, of the person claiming ownership of the mark, the date claimed for the first use of the mark anywhere and the date claimed for the first use of the mark in this state, the class of goods or services and a description of the goods or services on or in connection with which the mark is used, a reproduction of the mark, the registration date, and the term of the registration. (c) Any certificate of registration issued by the Secretary of State under the provisions hereof or a copy thereof duly certified by the Secretary of State shall be admissible in evidence as competent and sufficient proof of the registration of a mark in any actions or judicial proceedings in any court of this state. Acts 1997, No. 1109, § 5.

(a) Upon compliance by the applicant with the requirements of this subchapter, the Secretary of State shall cause a certificate of registration to be issued and delivered to the applicant.

(b) The certificate of registration shall be issued under the signature of the Secretary of State and the seal of the state, and it shall show the name and business address and, if a corporation, the state of incorporation, or if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the Secretary of State, of the person claiming ownership of the mark, the date claimed for the first use of the mark anywhere and the date claimed for the first use of the mark in this state, the class of goods or services and a description of the goods or services on or in connection with which the mark is used, a reproduction of the mark, the registration date, and the term of the registration.

(c) Any certificate of registration issued by the Secretary of State under the provisions hereof or a copy thereof duly certified by the Secretary of State shall be admissible in evidence as competent and sufficient proof of the registration of a mark in any actions or judicial proceedings in any court of this state.

Acts 1997, No. 1109, § 5.
Ark. Code Ann. § 4-18-333 — AR Code / Title 4 / Chapter 18 / Subchapter 3 / Section 4-18-333
"Cord" defined
Status: in_force

A cord shall be defined as containing one hundred twenty-eight cubic feet (128 cu. ft.), and a unit of pulpwood shall be defined as containing one hundred twenty-eight cubic feet (128 cu. ft.), and this shall be the basis for purchase of timber or payment of labor in severing timber if the production is handled on cordage basis. Acts 2005, No. 914, § 5.

A cord shall be defined as containing one hundred twenty-eight cubic feet (128 cu. ft.), and a unit of pulpwood shall be defined as containing one hundred twenty-eight cubic feet (128 cu. ft.), and this shall be the basis for purchase of timber or payment of labor in severing timber if the production is handled on cordage basis.

Acts 2005, No. 914, § 5.
Ark. Code Ann. § 4-118-101 — AR Code / Title 4 / Chapter 118 / Section 4-118-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Prepaid Mobile Device Protection Act". Added by Act 2019, No. 1053,§ 1, eff. 7/24/2019.

This chapter shall be known and may be cited as the "Prepaid Mobile Device Protection Act".

Added by Act 2019, No. 1053,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 4-20-107 — AR Code / Title 4 / Chapter 20 / Section 4-20-107
Termination of listing of commercial registered agent
Status: in_force

(a) A commercial registered agent may terminate its listing as a commercial registered agent by filing with the Secretary of State a commercial registered agent termination statement signed by or on behalf of the agent which states: (1) the name of the agent as currently listed under § 4-20-106 ; and (2) that the agent is no longer in the business of serving as a commercial registered agent in this state. (b) A commercial registered agent termination statement takes effect on the 31st day after the day on which it is filed. (c) The commercial registered agent shall promptly furnish each entity represented by it with notice in a record of the filing of the commercial registered agent termination statement. (d) When a commercial registered agent termination statement takes effect, the registered agent ceases to be an agent for service of process on each entity formerly represented by it. Until an entity formerly represented by a terminated commercial registered agent appoints a new registered agent, service of process may be made on the entity as provided in § 4-20-113 . Termination of the listing of a commercial registered agent under this section does not affect any contractual rights a represented entity may have against the agent or that the agent may have against the entity. Acts 2007, No. 638, § 1.

(a) A commercial registered agent may terminate its listing as a commercial registered agent by filing with the Secretary of State a commercial registered agent termination statement signed by or on behalf of the agent which states: (1) the name of the agent as currently listed under § 4-20-106 ; and (2) that the agent is no longer in the business of serving as a commercial registered agent in this state.

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

(2) that the agent is no longer in the business of serving as a commercial registered agent in this state.

(b) A commercial registered agent termination statement takes effect on the 31st day after the day on which it is filed.

(c) The commercial registered agent shall promptly furnish each entity represented by it with notice in a record of the filing of the commercial registered agent termination statement.

(d) When a commercial registered agent termination statement takes effect, the registered agent ceases to be an agent for service of process on each entity formerly represented by it. Until an entity formerly represented by a terminated commercial registered agent appoints a new registered agent, service of process may be made on the entity as provided in § 4-20-113 . Termination of the listing of a commercial registered agent under this section does not affect any contractual rights a represented entity may have against the agent or that the agent may have against the entity.

Acts 2007, No. 638, § 1.
Ark. Code Ann. § 4-71-204 — AR Code / Title 4 / Chapter 71 / Subchapter 2 / Section 4-71-204
Filing of applications
Status: in_force

(a) Upon the filing of an application for registration and payment of the application fee, the Secretary of State may cause the application to be examined for conformity with this subchapter. (b) The applicant shall provide any additional pertinent information requested by the Secretary of State, including a description of a design mark, and may make or authorize the Secretary of State to make such amendments to the application as may be reasonably requested by the Secretary of State or deemed by the applicant to be advisable to respond to any rejection or objection. (c) (1) The Secretary of State may require the applicant to disclaim an unregisterable component of a mark otherwise registerable, and an applicant may voluntarily disclaim a component of a mark sought to be registered. (2) No disclaimer shall prejudice or affect the applicant's or registrant's rights then existing or thereafter arising in the disclaimed matter or the applicant's or registrant's rights of registration on another application if the disclaimed matter is or shall have become distinctive of the applicant's or registrant's goods or services. (d) Amendments may be made by the Secretary of State upon the application submitted by the applicant upon the applicant's agreement or a fresh application may be required to be submitted. (e) (1) If the applicant is found not to be entitled to registration, the Secretary of State shall advise the applicant thereof and of the reasons therefor. (2) (A) The applicant shall have a reasonable period of time specified by the Secretary of State in which to reply or to amend the application, in which event the application shall then be reexamined. (B) This procedure may be repeated until: (i) The Secretary of State finally refuses registration of the mark; or (ii) The applicant fails to reply or amend within the specified period, whereupon the application shall be deemed to have been abandoned. (f) (1) If the Secretary of State finally refuses registration of the mark, the applicant may seek a writ of mandamus to compel such registration. (2) Such writ may be granted, but without costs to the Secretary of State, on proof that all the statements in the application are true and that the mark is otherwise entitled to registration. (g) (1) In the instance of applications concurrently being processed by the Secretary of State seeking registration of the same or confusingly similar marks for the same or related goods or services, the Secretary of State shall grant priority to the applications in order of filing. (2) (A) If a prior-filed application is granted a registration, the other application or applications shall then be rejected. (B) Any rejected applicant may bring an action for cancellation of the registration upon grounds of prior or superior rights to the mark, in accordance with the provisions of § 4-71-209 . Acts 1997, No. 1109, § 4.

(a) Upon the filing of an application for registration and payment of the application fee, the Secretary of State may cause the application to be examined for conformity with this subchapter.

(b) The applicant shall provide any additional pertinent information requested by the Secretary of State, including a description of a design mark, and may make or authorize the Secretary of State to make such amendments to the application as may be reasonably requested by the Secretary of State or deemed by the applicant to be advisable to respond to any rejection or objection.

(c) (1) The Secretary of State may require the applicant to disclaim an unregisterable component of a mark otherwise registerable, and an applicant may voluntarily disclaim a component of a mark sought to be registered. (2) No disclaimer shall prejudice or affect the applicant's or registrant's rights then existing or thereafter arising in the disclaimed matter or the applicant's or registrant's rights of registration on another application if the disclaimed matter is or shall have become distinctive of the applicant's or registrant's goods or services.

(1) The Secretary of State may require the applicant to disclaim an unregisterable component of a mark otherwise registerable, and an applicant may voluntarily disclaim a component of a mark sought to be registered.

(2) No disclaimer shall prejudice or affect the applicant's or registrant's rights then existing or thereafter arising in the disclaimed matter or the applicant's or registrant's rights of registration on another application if the disclaimed matter is or shall have become distinctive of the applicant's or registrant's goods or services.

(d) Amendments may be made by the Secretary of State upon the application submitted by the applicant upon the applicant's agreement or a fresh application may be required to be submitted.

(e) (1) If the applicant is found not to be entitled to registration, the Secretary of State shall advise the applicant thereof and of the reasons therefor. (2) (A) The applicant shall have a reasonable period of time specified by the Secretary of State in which to reply or to amend the application, in which event the application shall then be reexamined. (B) This procedure may be repeated until: (i) The Secretary of State finally refuses registration of the mark; or (ii) The applicant fails to reply or amend within the specified period, whereupon the application shall be deemed to have been abandoned.

(1) If the applicant is found not to be entitled to registration, the Secretary of State shall advise the applicant thereof and of the reasons therefor.

(2) (A) The applicant shall have a reasonable period of time specified by the Secretary of State in which to reply or to amend the application, in which event the application shall then be reexamined. (B) This procedure may be repeated until: (i) The Secretary of State finally refuses registration of the mark; or (ii) The applicant fails to reply or amend within the specified period, whereupon the application shall be deemed to have been abandoned.

(A) The applicant shall have a reasonable period of time specified by the Secretary of State in which to reply or to amend the application, in which event the application shall then be reexamined.

(B) This procedure may be repeated until: (i) The Secretary of State finally refuses registration of the mark; or (ii) The applicant fails to reply or amend within the specified period, whereupon the application shall be deemed to have been abandoned.

(i) The Secretary of State finally refuses registration of the mark; or

(ii) The applicant fails to reply or amend within the specified period, whereupon the application shall be deemed to have been abandoned.

(f) (1) If the Secretary of State finally refuses registration of the mark, the applicant may seek a writ of mandamus to compel such registration. (2) Such writ may be granted, but without costs to the Secretary of State, on proof that all the statements in the application are true and that the mark is otherwise entitled to registration.

(1) If the Secretary of State finally refuses registration of the mark, the applicant may seek a writ of mandamus to compel such registration.

(2) Such writ may be granted, but without costs to the Secretary of State, on proof that all the statements in the application are true and that the mark is otherwise entitled to registration.

(g) (1) In the instance of applications concurrently being processed by the Secretary of State seeking registration of the same or confusingly similar marks for the same or related goods or services, the Secretary of State shall grant priority to the applications in order of filing. (2) (A) If a prior-filed application is granted a registration, the other application or applications shall then be rejected. (B) Any rejected applicant may bring an action for cancellation of the registration upon grounds of prior or superior rights to the mark, in accordance with the provisions of § 4-71-209 .

(1) In the instance of applications concurrently being processed by the Secretary of State seeking registration of the same or confusingly similar marks for the same or related goods or services, the Secretary of State shall grant priority to the applications in order of filing.

(2) (A) If a prior-filed application is granted a registration, the other application or applications shall then be rejected. (B) Any rejected applicant may bring an action for cancellation of the registration upon grounds of prior or superior rights to the mark, in accordance with the provisions of § 4-71-209 .

(A) If a prior-filed application is granted a registration, the other application or applications shall then be rejected.

(B) Any rejected applicant may bring an action for cancellation of the registration upon grounds of prior or superior rights to the mark, in accordance with the provisions of § 4-71-209 .

Acts 1997, No. 1109, § 4.
Ark. Code Ann. § 4-47-811 — AR Code / Title 4 / Chapter 47 / Subchapter 8 / Section 4-47-811
Appeal from denial of reinstatement
Status: in_force

(a) If the Secretary of State denies a limited partnership's application for reinstatement following administrative dissolution, the Secretary of State shall prepare, sign and file a notice that explains the reason or reasons for denial and serve the limited partnership with a copy of the notice. (b) Within 30 days after service of the notice of denial, the limited partnership may appeal from the denial of reinstatement by petitioning the circuit court to set aside the dissolution. The petition must be served on the Secretary of State and contain a copy of the Secretary of State's declaration of dissolution, the limited partnership's application for reinstatement, and the Secretary of State's notice of denial. (c) The court may summarily order the Secretary of State to reinstate the dissolved limited partnership or may take other action the court considers appropriate. Acts 2007, No. 15, § 1.

(a) If the Secretary of State denies a limited partnership's application for reinstatement following administrative dissolution, the Secretary of State shall prepare, sign and file a notice that explains the reason or reasons for denial and serve the limited partnership with a copy of the notice.

(b) Within 30 days after service of the notice of denial, the limited partnership may appeal from the denial of reinstatement by petitioning the circuit court to set aside the dissolution. The petition must be served on the Secretary of State and contain a copy of the Secretary of State's declaration of dissolution, the limited partnership's application for reinstatement, and the Secretary of State's notice of denial.

(c) The court may summarily order the Secretary of State to reinstate the dissolved limited partnership or may take other action the court considers appropriate.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-112-109 — AR Code / Title 4 / Chapter 112 / Section 4-112-109
Written confirmation
Status: in_force

(a) If a security freeze is in place, a consumer reporting agency shall not change any of the following official information in a credit report without sending a written confirmation of the change to the consumer within thirty (30) days of posting the change to the file of the consumer: (1) Name; (2) Date of birth; (3) Social Security number; and (4) Address. (b) (1) Written confirmation is not required for technical modifications of official information of a consumer, including name and street abbreviations, complete spellings, or the transposition of numbers or letters. (2) In the case of an address change, the written confirmation shall be sent to both the new address and to the former address. Acts 2007, No. 391, § 1; 2009, No. 223, § 1.

(a) If a security freeze is in place, a consumer reporting agency shall not change any of the following official information in a credit report without sending a written confirmation of the change to the consumer within thirty (30) days of posting the change to the file of the consumer: (1) Name; (2) Date of birth; (3) Social Security number; and (4) Address.

(1) Name;

(2) Date of birth;

(3) Social Security number; and

(4) Address.

(b) (1) Written confirmation is not required for technical modifications of official information of a consumer, including name and street abbreviations, complete spellings, or the transposition of numbers or letters. (2) In the case of an address change, the written confirmation shall be sent to both the new address and to the former address.

(1) Written confirmation is not required for technical modifications of official information of a consumer, including name and street abbreviations, complete spellings, or the transposition of numbers or letters.

(2) In the case of an address change, the written confirmation shall be sent to both the new address and to the former address.

Acts 2007, No. 391, § 1; 2009, No. 223, § 1.
Ark. Code Ann. § 4-91-101 — AR Code / Title 4 / Chapter 91 / Subchapter 1 / Section 4-91-101
[Repealed]
Status: repealed

Repealed by Act 2017, No. 944,§ 2, eff. 8/1/2017. Acts 1987, No. 321, § 1.

Repealed by Act 2017, No. 944,§ 2, eff. 8/1/2017.

Acts 1987, No. 321, § 1.
Ark. Code Ann. § 4-90-701 — AR Code / Title 4 / Chapter 90 / Subchapter 7 / Section 4-90-701
Definition
Status: in_force

As used in this subchapter, "debt cancellation agreement" means a loan term or contractual arrangement modifying a loan term dealing with motor vehicles under which a lender agrees to cancel all or part of a borrower's obligation to repay an extension of credit from the lender upon the occurrence of a specified event other than the death or disability of the borrower, whether or not separate from or a part of other loan documents. Provided, however, for purposes of this subchapter only, the term "debt cancellation agreement" shall not include that form of debt cancellation agreement which constitutes a guaranteed automobile protection waiver agreement or "GAP" waiver agreement. A guaranteed automobile protection waiver agreement or "GAP" waiver agreement means a loan term or a contractual arrangement modifying a loan term dealing with motor vehicles under which a lender agrees to waive, cancel, pay, or satisfy any remaining balance owed on a loan after a total loss or theft of the vehicle. Acts 2007, No. 496, § 22.

As used in this subchapter, "debt cancellation agreement" means a loan term or contractual arrangement modifying a loan term dealing with motor vehicles under which a lender agrees to cancel all or part of a borrower's obligation to repay an extension of credit from the lender upon the occurrence of a specified event other than the death or disability of the borrower, whether or not separate from or a part of other loan documents. Provided, however, for purposes of this subchapter only, the term "debt cancellation agreement" shall not include that form of debt cancellation agreement which constitutes a guaranteed automobile protection waiver agreement or "GAP" waiver agreement. A guaranteed automobile protection waiver agreement or "GAP" waiver agreement means a loan term or a contractual arrangement modifying a loan term dealing with motor vehicles under which a lender agrees to waive, cancel, pay, or satisfy any remaining balance owed on a loan after a total loss or theft of the vehicle.

Acts 2007, No. 496, § 22.
Ark. Code Ann. § 4-18-314 — AR Code / Title 4 / Chapter 18 / Subchapter 3 / Section 4-18-314
Powers and duties of local officials
Status: in_force

Any weights and measures official appointed for a county or city shall have the duties and powers enumerated in this subchapter, excepting those duties reserved to the state by law or regulation. These powers and duties shall extend to their respective jurisdictions, except that the jurisdiction of a county official shall not extend to any city for which a weights and measures official has been appointed. No requirement set forth by local agencies may be less stringent than or conflict with the requirements of the state. Acts 2001, No. 587, § 14.

Any weights and measures official appointed for a county or city shall have the duties and powers enumerated in this subchapter, excepting those duties reserved to the state by law or regulation. These powers and duties shall extend to their respective jurisdictions, except that the jurisdiction of a county official shall not extend to any city for which a weights and measures official has been appointed. No requirement set forth by local agencies may be less stringent than or conflict with the requirements of the state.

Acts 2001, No. 587, § 14.
Ark. Code Ann. § 4-89-106 — AR Code / Title 4 / Chapter 89 / Section 4-89-106
Enforcement of chapter
Status: in_force

(a) (1) Any home solicitation sale conducted in violation of this chapter shall constitute an unfair and deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq. (2) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be available to the Attorney General for the enforcement of this chapter. (b) The prosecuting attorneys of the various districts and counties of this state shall also have full authority to enforce the provisions of this chapter. (c) Nothing in the provisions of this chapter shall prohibit the bringing of a civil action against a violator of this chapter by an individual harmed by a deceptive trade practice. Acts 1973, No. 462, § 10; A.S.A. 1947, § 70-923; Acts 1995, No. 447, § 2.

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

(1) Any home solicitation sale conducted in violation of this chapter shall constitute an unfair and deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq.

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

(b) The prosecuting attorneys of the various districts and counties of this state shall also have full authority to enforce the provisions of this chapter.

(c) Nothing in the provisions of this chapter shall prohibit the bringing of a civil action against a violator of this chapter by an individual harmed by a deceptive trade practice.

Acts 1973, No. 462, § 10; A.S.A. 1947, § 70-923; Acts 1995, No. 447, § 2.
Ark. Code Ann. § 4-29-409 — AR Code / Title 4 / Chapter 29 / Subchapter 4 / Section 4-29-409
Certificate of registration - Suspension or revocation
Status: in_force

(a) The Arkansas State Board of Dental Examiners may suspend or revoke any certificate of registration for any of the following reasons: (1) The revocation or suspension of the license to practice dentistry of any officer, director, shareholder, or employee not promptly removed or discharged by the corporation; (2) Unethical professional conduct on the part of any officer, director, shareholder, or employee not promptly removed or discharged by the corporation; (3) The death of the last remaining shareholder; or (4) Upon finding that the holder of a certificate has failed to comply with the provisions of this subchapter or the rules prescribed by the board. (b) Before any certificate of registration is suspended or revoked, the holder shall be given written notice of the proposed action and the reasons therefor and shall be given a public hearing by the board with the right to produce testimony concerning the charges made. The notice shall also state the place and date of the hearing, which shall be at least five (5) days after service of the notice. Amended by Act 2019, No. 315,§ 123, eff. 7/24/2019. Acts 1961, No. 471, §§ 10, 11; A.S.A. 1947, §§ 64-1810, 64-1811.

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

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

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

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

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

(b) Before any certificate of registration is suspended or revoked, the holder shall be given written notice of the proposed action and the reasons therefor and shall be given a public hearing by the board with the right to produce testimony concerning the charges made. The notice shall also state the place and date of the hearing, which shall be at least five (5) days after service of the notice.

Amended by Act 2019, No. 315,§ 123, eff. 7/24/2019.

Acts 1961, No. 471, §§ 10, 11; A.S.A. 1947, §§ 64-1810, 64-1811.
Ark. Code Ann. § 4-75-1112 — AR Code / Title 4 / Chapter 75 / Subchapter 11 / Section 4-75-1112
Construction
Status: in_force

(a) This subchapter: (1) Shall be liberally construed to accomplish its intent and purposes; and (2) Does not render invalid or unenforceable a contract or license entered into before or after August 22, 2016, by an individual during his or her lifetime by which the individual transferred, assigned, or licensed all or part of the right to use his or her name, voice, signature, photograph, or likeness. (b) The property rights granted by this subchapter are not considered intellectual property for purposes of 47 U.S.C. § 230 . Added by Act 2016EX3, No. 9,§ 1, eff. 8/1/2017. Added by Act 2016EX3, No. 8,§ 1, eff. 8/1/2017.

(a) This subchapter: (1) Shall be liberally construed to accomplish its intent and purposes; and (2) Does not render invalid or unenforceable a contract or license entered into before or after August 22, 2016, by an individual during his or her lifetime by which the individual transferred, assigned, or licensed all or part of the right to use his or her name, voice, signature, photograph, or likeness.

(1) Shall be liberally construed to accomplish its intent and purposes; and

(2) Does not render invalid or unenforceable a contract or license entered into before or after August 22, 2016, by an individual during his or her lifetime by which the individual transferred, assigned, or licensed all or part of the right to use his or her name, voice, signature, photograph, or likeness.

(b) The property rights granted by this subchapter are not considered intellectual property for purposes of 47 U.S.C. § 230 .

Added by Act 2016EX3, No. 9,§ 1, eff. 8/1/2017.

Added by Act 2016EX3, No. 8,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 4-114-103 — AR Code / Title 4 / Chapter 114 / Section 4-114-103
Definitions
Status: in_force

As used in this chapter: (1) "Administrator" means the person who is responsible for the administration of a service contract; (2) "Consumer" means an individual who buys other than for purposes of resale any tangible personal property that is distributed in commerce and that is normally used for personal, family, or household purposes and not for business or resale purposes; (3) "Maintenance agreement" means a contract of limited duration that provides for scheduled maintenance only; (4) "Manufacturer" means a person that: (A) Manufactures or produces property and sells the property under its own name or label; (B) Is a wholly owned subsidiary of the person that manufactures or produces that property; (C) Is a corporation that owns one hundred percent (100%) of the person that manufactures or produces the property; (D) Does not manufacture or produce the property, but the property is sold under its trade name label; (E) Manufactures or produces the property, and the property is sold under the trade name or label of another person; or (F) Does not manufacture or produce the property but licenses the use of its trade name or label under a written contract with another person that sells the property under the licensor's trade name or label; (5) "Mechanical breakdown insurance" means a policy, a contract, or an agreement issued by an authorized insurer that provides for the repair, replacement, or maintenance of property or indemnification for repair, replacement, or service for the operations or structural failure of the property due to a defect in materials or workmanship or to normal wear and tear; (6) "Nonoriginal manufacturer's parts" means replacement parts not made for or by the original manufacturer of the property, commonly referred to as "after market parts"; (7) "Person" means an individual, a partnership, a corporation, an incorporated or unincorporated association, a joint stock company, a reciprocal, a syndicate, or any similar entity or combination of entities acting in concert; (8) "Premium" means the consideration paid to an insurer for a reimbursement insurance policy; (9) "Provider" means a person that is contractually obligated to the service contract holder under the terms of the service contract; (10) "Provider fee" means the consideration paid for a service contract; (11) "Reimbursement insurance policy" means a policy of insurance issued to a provider to either: (A) Provide reimbursement to the provider under the terms of the insured service contracts issued or sold by the provider; or (B) In the event of the provider's nonperformance, to pay on behalf of the provider all covered contractual obligations incurred by the provider under the terms of the insured service contracts issued or sold by the provider; (12) (A) "Service contract" means a contract or an agreement for a separately stated consideration and for a specific duration to perform the service, repair, replacement, or maintenance of property or indemnification for service, repair, replacement, or maintenance for the operational or structural failure of property due to a defect in materials, workmanship, or normal wear and tear, with or without additional provision for incidental payment of indemnity under limited circumstances, including without limitation unavailability of parts, obsolescence, food spoilage, rental, or shipping. (B) "Service contract" does not include mechanical breakdown insurance or maintenance agreements. (C) A service contract may provide for the repair, replacement, or maintenance of property for damage resulting from power surges or accidental damage from handling. (D) A service contract is not insurance in this state or otherwise regulated under the Arkansas Insurance Code; (13) "Service contract holder" means a person that is the purchaser or holder of a service contract; and (14) "Warranty" means a warranty made solely by the manufacturer, importer, or seller of property or services without charge that: (A) Is not negotiated or separated from the sale of the product; (B) Is incidental to the sale of the product; and (C) Guarantees indemnity for defective parts, mechanical breakdown, or electrical breakdown and labor or other remedial measures, such as repair or replacement of the property or repetition of services. Acts 2007, No. 656, § 1.

As used in this chapter:

(1) "Administrator" means the person who is responsible for the administration of a service contract;

(2) "Consumer" means an individual who buys other than for purposes of resale any tangible personal property that is distributed in commerce and that is normally used for personal, family, or household purposes and not for business or resale purposes;

(3) "Maintenance agreement" means a contract of limited duration that provides for scheduled maintenance only;

(4) "Manufacturer" means a person that: (A) Manufactures or produces property and sells the property under its own name or label; (B) Is a wholly owned subsidiary of the person that manufactures or produces that property; (C) Is a corporation that owns one hundred percent (100%) of the person that manufactures or produces the property; (D) Does not manufacture or produce the property, but the property is sold under its trade name label; (E) Manufactures or produces the property, and the property is sold under the trade name or label of another person; or (F) Does not manufacture or produce the property but licenses the use of its trade name or label under a written contract with another person that sells the property under the licensor's trade name or label;

(A) Manufactures or produces property and sells the property under its own name or label;

(B) Is a wholly owned subsidiary of the person that manufactures or produces that property;

(C) Is a corporation that owns one hundred percent (100%) of the person that manufactures or produces the property;

(D) Does not manufacture or produce the property, but the property is sold under its trade name label;

(E) Manufactures or produces the property, and the property is sold under the trade name or label of another person; or

(F) Does not manufacture or produce the property but licenses the use of its trade name or label under a written contract with another person that sells the property under the licensor's trade name or label;

(5) "Mechanical breakdown insurance" means a policy, a contract, or an agreement issued by an authorized insurer that provides for the repair, replacement, or maintenance of property or indemnification for repair, replacement, or service for the operations or structural failure of the property due to a defect in materials or workmanship or to normal wear and tear;

(6) "Nonoriginal manufacturer's parts" means replacement parts not made for or by the original manufacturer of the property, commonly referred to as "after market parts";

(7) "Person" means an individual, a partnership, a corporation, an incorporated or unincorporated association, a joint stock company, a reciprocal, a syndicate, or any similar entity or combination of entities acting in concert;

(8) "Premium" means the consideration paid to an insurer for a reimbursement insurance policy;

(9) "Provider" means a person that is contractually obligated to the service contract holder under the terms of the service contract;

(10) "Provider fee" means the consideration paid for a service contract;

(11) "Reimbursement insurance policy" means a policy of insurance issued to a provider to either: (A) Provide reimbursement to the provider under the terms of the insured service contracts issued or sold by the provider; or (B) In the event of the provider's nonperformance, to pay on behalf of the provider all covered contractual obligations incurred by the provider under the terms of the insured service contracts issued or sold by the provider;

(A) Provide reimbursement to the provider under the terms of the insured service contracts issued or sold by the provider; or

(B) In the event of the provider's nonperformance, to pay on behalf of the provider all covered contractual obligations incurred by the provider under the terms of the insured service contracts issued or sold by the provider;

(12) (A) "Service contract" means a contract or an agreement for a separately stated consideration and for a specific duration to perform the service, repair, replacement, or maintenance of property or indemnification for service, repair, replacement, or maintenance for the operational or structural failure of property due to a defect in materials, workmanship, or normal wear and tear, with or without additional provision for incidental payment of indemnity under limited circumstances, including without limitation unavailability of parts, obsolescence, food spoilage, rental, or shipping. (B) "Service contract" does not include mechanical breakdown insurance or maintenance agreements. (C) A service contract may provide for the repair, replacement, or maintenance of property for damage resulting from power surges or accidental damage from handling. (D) A service contract is not insurance in this state or otherwise regulated under the Arkansas Insurance Code;

(A) "Service contract" means a contract or an agreement for a separately stated consideration and for a specific duration to perform the service, repair, replacement, or maintenance of property or indemnification for service, repair, replacement, or maintenance for the operational or structural failure of property due to a defect in materials, workmanship, or normal wear and tear, with or without additional provision for incidental payment of indemnity under limited circumstances, including without limitation unavailability of parts, obsolescence, food spoilage, rental, or shipping.

(B) "Service contract" does not include mechanical breakdown insurance or maintenance agreements.

(C) A service contract may provide for the repair, replacement, or maintenance of property for damage resulting from power surges or accidental damage from handling.

(D) A service contract is not insurance in this state or otherwise regulated under the Arkansas Insurance Code;

(13) "Service contract holder" means a person that is the purchaser or holder of a service contract; and

(14) "Warranty" means a warranty made solely by the manufacturer, importer, or seller of property or services without charge that: (A) Is not negotiated or separated from the sale of the product; (B) Is incidental to the sale of the product; and (C) Guarantees indemnity for defective parts, mechanical breakdown, or electrical breakdown and labor or other remedial measures, such as repair or replacement of the property or repetition of services.

(A) Is not negotiated or separated from the sale of the product;

(B) Is incidental to the sale of the product; and

(C) Guarantees indemnity for defective parts, mechanical breakdown, or electrical breakdown and labor or other remedial measures, such as repair or replacement of the property or repetition of services.

Acts 2007, No. 656, § 1.
Ark. Code Ann. § 4-33-207 — AR Code / Title 4 / Chapter 33 / Subchapter 2 / Section 4-33-207
Emergency bylaws and powers
Status: in_force

(a) Unless the articles provide otherwise the directors of a corporation may adopt, amend or repeal bylaws to be effective only in an emergency defined in subsection (d) of this section. The emergency bylaws, which are subject to amendment or repeal by the members, may provide special procedures necessary for managing the corporation during the emergency, including: (1) how to call a meeting of the board; (2) quorum requirements for the meeting; and (3) designation of additional or substitute directors. (b) All provisions of the regular bylaws consistent with the emergency bylaws remain effective during the emergency. The emergency bylaws are not effective after the emergency ends. (c) Corporate action taken in good faith in accordance with the emergency bylaws: (1) binds the corporation; and (2) may not be used to impose liability on a corporate director, officer, employee, or agent. (d) An emergency exists for purposes of this section if a quorum of the corporation's directors cannot readily be assembled because of some catastrophic event. Acts 1993, No. 1147, § 207.

(a) Unless the articles provide otherwise the directors of a corporation may adopt, amend or repeal bylaws to be effective only in an emergency defined in subsection (d) of this section. The emergency bylaws, which are subject to amendment or repeal by the members, may provide special procedures necessary for managing the corporation during the emergency, including: (1) how to call a meeting of the board; (2) quorum requirements for the meeting; and (3) designation of additional or substitute directors.

(1) how to call a meeting of the board;

(2) quorum requirements for the meeting; and

(3) designation of additional or substitute directors.

(b) All provisions of the regular bylaws consistent with the emergency bylaws remain effective during the emergency. The emergency bylaws are not effective after the emergency ends.

(c) Corporate action taken in good faith in accordance with the emergency bylaws: (1) binds the corporation; and (2) may not be used to impose liability on a corporate director, officer, employee, or agent.

(1) binds the corporation; and

(2) may not be used to impose liability on a corporate director, officer, employee, or agent.

(d) An emergency exists for purposes of this section if a quorum of the corporation's directors cannot readily be assembled because of some catastrophic event.

Acts 1993, No. 1147, § 207.
Ark. Code Ann. § 4-88-305 — AR Code / Title 4 / Chapter 88 / Subchapter 3 / Section 4-88-305
Preemption
Status: in_force

Nothing in this section shall preempt any local ordinance prohibiting the same or similar conduct or imposing a more severe penalty for the same conduct prohibited in this section. Acts 1997, No. 376, § 1.

Nothing in this section shall preempt any local ordinance prohibiting the same or similar conduct or imposing a more severe penalty for the same conduct prohibited in this section.

Acts 1997, No. 376, § 1.
Ark. Code Ann. § 4-33-1107 — AR Code / Title 4 / Chapter 33 / Subchapter 11 / Section 4-33-1107
Bequests, devises and gifts
Status: in_force

Any bequest, devise, gift, grant, or promise contained in a will or other instrument of donation, subscription, or conveyance, that is made to a constituent corporation and that takes effect or remains payable after the merger, inures to the surviving corporation unless the will or other instrument otherwise specifically provides. Acts 1993, No. 1147, § 1107.

Any bequest, devise, gift, grant, or promise contained in a will or other instrument of donation, subscription, or conveyance, that is made to a constituent corporation and that takes effect or remains payable after the merger, inures to the surviving corporation unless the will or other instrument otherwise specifically provides.

Acts 1993, No. 1147, § 1107.
Ark. Code Ann. § 4-92-102 — AR Code / Title 4 / Chapter 92 / Section 4-92-102
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Advertisement" means a commercial message in any medium that directly or indirectly promotes or assists a rental-purchase agreement, except for in-store merchandising aids; (2) "Consumer" means a person who leases personal property under a rental-purchase agreement; (3) "Merchandise" means the personal property that is the subject of a rental-purchase agreement; (4) "Lessor" means a person who, in the ordinary course of business, regularly leases, offers to lease, or arranges for the leasing of merchandise under a rental-purchase agreement and includes a person who is assigned an interest in a rental-purchase agreement; (5) "Person" means an individual, corporation, partnership, organization, or any other entity; (6) "Reinstatement period" means the period of time specified in § 4-92-106 during which a consumer may either pay delinquent rent or return merchandise and thereby retain the right to have the rental-purchase agreement reinstated; and (7) "Rental-purchase agreement" means an agreement for the use of merchandise by a consumer for personal, family, household, or business purposes for an initial period of four (4) months or less that is automatically renewable with each payment after the initial period, but does not obligate or require the consumer to continue leasing or using the merchandise after the initial period, and that permits the consumer to become the owner of the merchandise, but does not obligate the consumer to purchase or become the owner of the merchandise. Acts 1987, No. 490, § 2.

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

(1) "Advertisement" means a commercial message in any medium that directly or indirectly promotes or assists a rental-purchase agreement, except for in-store merchandising aids;

(2) "Consumer" means a person who leases personal property under a rental-purchase agreement;

(3) "Merchandise" means the personal property that is the subject of a rental-purchase agreement;

(4) "Lessor" means a person who, in the ordinary course of business, regularly leases, offers to lease, or arranges for the leasing of merchandise under a rental-purchase agreement and includes a person who is assigned an interest in a rental-purchase agreement;

(5) "Person" means an individual, corporation, partnership, organization, or any other entity;

(6) "Reinstatement period" means the period of time specified in § 4-92-106 during which a consumer may either pay delinquent rent or return merchandise and thereby retain the right to have the rental-purchase agreement reinstated; and

(7) "Rental-purchase agreement" means an agreement for the use of merchandise by a consumer for personal, family, household, or business purposes for an initial period of four (4) months or less that is automatically renewable with each payment after the initial period, but does not obligate or require the consumer to continue leasing or using the merchandise after the initial period, and that permits the consumer to become the owner of the merchandise, but does not obligate the consumer to purchase or become the owner of the merchandise.

Acts 1987, No. 490, § 2.
Ark. Code Ann. § 4-37-403 — AR Code / Title 4 / Chapter 37 / Subchapter 4 / Section 4-37-403
Remedies of judgment creditor of associated member of protected-series transferee
Status: in_force

Section 4-38-503 applies to a judgment creditor of: (1) an associated member or protected-series transferee of a protected series; or (2) a series limited liability company, to the extent the company owns a protected-series transferable interest of a protected series. Amended by Act 2021, No. 1041,§ 17, eff. 7/28/2021. Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.

Section 4-38-503 applies to a judgment creditor of:

(1) an associated member or protected-series transferee of a protected series; or

(2) a series limited liability company, to the extent the company owns a protected-series transferable interest of a protected series.

Amended by Act 2021, No. 1041,§ 17, eff. 7/28/2021.

Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.