Ark. Code Ann. § 4-88-304 — AR Code / Title 4 / Chapter 88 / Subchapter 3 / Section 4-88-304
Penalties, remedies, and enforcement
Status: in_force

(a) (1) When a person violates this subchapter or a rule prescribed under this subchapter, the violation shall constitute an unfair or deceptive act or practice as defined by this chapter. (2) All remedies, penalties, and authority granted to the Attorney General under this chapter shall be available to the Attorney General for the enforcement of this subchapter. (b) Any person who is found to have violated this subchapter shall be guilty of a Class A misdemeanor. (c) The remedies and penalties provided by this section are cumulative to each other, the remedies under § 17-25-301 et seq., and the remedies or penalties available under all other laws of this state. Amended by Act 2019, No. 315,§ 130, eff. 7/24/2019. Acts 1997, No. 376, § 1; 2005, No. 1994, § 218.

(a) (1) When a person violates this subchapter or a rule prescribed under this subchapter, the violation shall constitute an unfair or deceptive act or practice as defined by this chapter. (2) All remedies, penalties, and authority granted to the Attorney General under this chapter shall be available to the Attorney General for the enforcement of this subchapter.

(1) When a person violates this subchapter or a rule prescribed under this subchapter, the violation shall constitute an unfair or deceptive act or practice as defined by this chapter.

(2) All remedies, penalties, and authority granted to the Attorney General under this chapter shall be available to the Attorney General for the enforcement of this subchapter.

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

(c) The remedies and penalties provided by this section are cumulative to each other, the remedies under § 17-25-301 et seq., and the remedies or penalties available under all other laws of this state.

Amended by Act 2019, No. 315,§ 130, eff. 7/24/2019.

Acts 1997, No. 376, § 1; 2005, No. 1994, § 218.
Ark. Code Ann. § 4-37-108 — AR Code / Title 4 / Chapter 37 / Subchapter 1 / Section 4-37-108
Rules for applying Uniform Limited Liability Company Act to specified provisions of chapter
Status: in_force

(a) Except as otherwise provided in subsection (b) and § 4-37-107 , the following rules apply in applying § 4-37-106 , § 4-37-304(c) and § 4-37-304(f) , § 4-37-501(4)(A) , § 4-37-502(a) , and § 4-37-503(2) : (1) a protected series of a series limited liability company is deemed to be a limited liability company that is formed separately from the series limited liability company and is distinct from the series limited liability company and any other protected series of the series limited liability company. (2) an associated member of the protected series is deemed to be a member of the company deemed to exist under subdivision (a)(1). (3) a protected-series transferee of the protected series is deemed to be a transferee of the company deemed to exist under subdivision (a)(1). (4) a protected-series transferable interest of the protected series is deemed to be a transferable interest of the company deemed to exist under subdivision (a)(1). (5) a protected-series manager is deemed to be a manager of the company deemed to exist under subdivision (a)(1). (6) an asset of the protected series is deemed to be an asset of the company deemed to exist under subdivision (a)(1), whether or not the asset is an associated asset of the protected series. (7) any creditor or other obligee of the protected series is deemed to be a creditor or obligee of the company deemed to exist under subdivision (a)(1). (b) Subsection (a) does not apply if its application would: (1) contravene § 4-38-408 ; or (2) authorize or require the Secretary of State to: (A) accept for filing a type of record that neither this chapter nor the Uniform Limited Liability Company Act, § 4-38-101 et seq., authorizes or requires a person to deliver to the Secretary of State for filing; or (B) make or deliver a record that neither this chapter nor the Uniform Limited Liability Company Act, § 4-38-101 et seq., authorizes or requires the Secretary of State to make or deliver. Amended by Act 2021, No. 1041,§ 9, eff. 7/28/2021. Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.

(a) Except as otherwise provided in subsection (b) and § 4-37-107 , the following rules apply in applying § 4-37-106 , § 4-37-304(c) and § 4-37-304(f) , § 4-37-501(4)(A) , § 4-37-502(a) , and § 4-37-503(2) : (1) a protected series of a series limited liability company is deemed to be a limited liability company that is formed separately from the series limited liability company and is distinct from the series limited liability company and any other protected series of the series limited liability company. (2) an associated member of the protected series is deemed to be a member of the company deemed to exist under subdivision (a)(1). (3) a protected-series transferee of the protected series is deemed to be a transferee of the company deemed to exist under subdivision (a)(1). (4) a protected-series transferable interest of the protected series is deemed to be a transferable interest of the company deemed to exist under subdivision (a)(1). (5) a protected-series manager is deemed to be a manager of the company deemed to exist under subdivision (a)(1). (6) an asset of the protected series is deemed to be an asset of the company deemed to exist under subdivision (a)(1), whether or not the asset is an associated asset of the protected series. (7) any creditor or other obligee of the protected series is deemed to be a creditor or obligee of the company deemed to exist under subdivision (a)(1).

(1) a protected series of a series limited liability company is deemed to be a limited liability company that is formed separately from the series limited liability company and is distinct from the series limited liability company and any other protected series of the series limited liability company.

(2) an associated member of the protected series is deemed to be a member of the company deemed to exist under subdivision (a)(1).

(3) a protected-series transferee of the protected series is deemed to be a transferee of the company deemed to exist under subdivision (a)(1).

(4) a protected-series transferable interest of the protected series is deemed to be a transferable interest of the company deemed to exist under subdivision (a)(1).

(5) a protected-series manager is deemed to be a manager of the company deemed to exist under subdivision (a)(1).

(6) an asset of the protected series is deemed to be an asset of the company deemed to exist under subdivision (a)(1), whether or not the asset is an associated asset of the protected series.

(7) any creditor or other obligee of the protected series is deemed to be a creditor or obligee of the company deemed to exist under subdivision (a)(1).

(b) Subsection (a) does not apply if its application would: (1) contravene § 4-38-408 ; or (2) authorize or require the Secretary of State to: (A) accept for filing a type of record that neither this chapter nor the Uniform Limited Liability Company Act, § 4-38-101 et seq., authorizes or requires a person to deliver to the Secretary of State for filing; or (B) make or deliver a record that neither this chapter nor the Uniform Limited Liability Company Act, § 4-38-101 et seq., authorizes or requires the Secretary of State to make or deliver.

(1) contravene § 4-38-408 ; or

(2) authorize or require the Secretary of State to: (A) accept for filing a type of record that neither this chapter nor the Uniform Limited Liability Company Act, § 4-38-101 et seq., authorizes or requires a person to deliver to the Secretary of State for filing; or (B) make or deliver a record that neither this chapter nor the Uniform Limited Liability Company Act, § 4-38-101 et seq., authorizes or requires the Secretary of State to make or deliver.

(A) accept for filing a type of record that neither this chapter nor the Uniform Limited Liability Company Act, § 4-38-101 et seq., authorizes or requires a person to deliver to the Secretary of State for filing; or

(B) make or deliver a record that neither this chapter nor the Uniform Limited Liability Company Act, § 4-38-101 et seq., authorizes or requires the Secretary of State to make or deliver.

Amended by Act 2021, No. 1041,§ 9, eff. 7/28/2021.

Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 4-47-118 — AR Code / Title 4 / Chapter 47 / Subchapter 1 / Section 4-47-118
Consent and proxies of partners
Status: in_force

Action requiring the consent of partners under this chapter may be taken without a meeting, and a partner may appoint a proxy to consent or otherwise act for the partner by signing an appointment record, either personally or by the partner's attorney in fact. Acts 2007, No. 15, § 1.

Action requiring the consent of partners under this chapter may be taken without a meeting, and a partner may appoint a proxy to consent or otherwise act for the partner by signing an appointment record, either personally or by the partner's attorney in fact.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-87-105 — AR Code / Title 4 / Chapter 87 / Section 4-87-105
Damages
Status: in_force

Any creditor or credit card issuer who discriminates against any individual in a manner prohibited by § 4-87-104 is liable to the individual for damages in an amount equal to the sum of: (1) In a successful action to enforce the provisions of this chapter, not less than one hundred dollars ($100) nor more than five hundred dollars ($500); and (2) In the case of any successful action to enforce the foregoing liability, the costs of the action together with a reasonable attorney's fee as determined by the court. Acts 1975, No. 566, § 3; A.S.A. 1947, § 70-927.

Any creditor or credit card issuer who discriminates against any individual in a manner prohibited by § 4-87-104 is liable to the individual for damages in an amount equal to the sum of:

(1) In a successful action to enforce the provisions of this chapter, not less than one hundred dollars ($100) nor more than five hundred dollars ($500); and

(2) In the case of any successful action to enforce the foregoing liability, the costs of the action together with a reasonable attorney's fee as determined by the court.

Acts 1975, No. 566, § 3; A.S.A. 1947, § 70-927.
Ark. Code Ann. § 4-38-1101 — AR Code / Title 4 / Chapter 38 / Subchapter 11 / Section 4-38-1101
Uniformity of application and construction
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

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

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-71-216 — AR Code / Title 4 / Chapter 71 / Subchapter 2 / Section 4-71-216
Common law rights
Status: in_force

Nothing in this subchapter shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law. Acts 1997, No. 1109, § 16.

Nothing in this subchapter shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.

Acts 1997, No. 1109, § 16.
Ark. Code Ann. § 4-32-601 — AR Code / Title 4 / Chapter 32 / Subchapter 6 / Section 4-32-601
through 4-32-604 - [Repealed]
Status: repealed

Repealed by Act 2021, No. 1041,§ 1, eff. 7/28/2021. Acts 1993, No. 1003, § 601.

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

Acts 1993, No. 1003, § 601.
Ark. Code Ann. § 4-111-101 — AR Code / Title 4 / Chapter 111 / Section 4-111-101
Short title
Status: in_force

This chapter shall be known and cited as the "Consumer Protection Against Computer Spyware Act". Acts 2005, No. 2255, § 1.

This chapter shall be known and cited as the "Consumer Protection Against Computer Spyware Act".

Acts 2005, No. 2255, § 1.
Ark. Code Ann. § 4-38-603 — AR Code / Title 4 / Chapter 38 / Subchapter 6 / Section 4-38-603
Effect of dissociation
Status: in_force

(a) If a person is dissociated as a member: (1) the person's right to participate as a member in the management and conduct of the limited liability company's activities and affairs terminates; (2) the person's duties and obligations under § 4-38-409 as a member end with regard to matters arising and events occurring after the person's dissociation; and (3) subject to § 4-38-504 and § 4-38-1001 et seq., any transferable interest owned by the person in the person's capacity as a member immediately before dissociation is owned by the person solely as a transferee. (b) A person's dissociation as a member does not of itself discharge the person from any debt, obligation, or other liability to the limited liability company or the other members which the person incurred while a member. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

(a) If a person is dissociated as a member: (1) the person's right to participate as a member in the management and conduct of the limited liability company's activities and affairs terminates; (2) the person's duties and obligations under § 4-38-409 as a member end with regard to matters arising and events occurring after the person's dissociation; and (3) subject to § 4-38-504 and § 4-38-1001 et seq., any transferable interest owned by the person in the person's capacity as a member immediately before dissociation is owned by the person solely as a transferee.

(1) the person's right to participate as a member in the management and conduct of the limited liability company's activities and affairs terminates;

(2) the person's duties and obligations under § 4-38-409 as a member end with regard to matters arising and events occurring after the person's dissociation; and

(3) subject to § 4-38-504 and § 4-38-1001 et seq., any transferable interest owned by the person in the person's capacity as a member immediately before dissociation is owned by the person solely as a transferee.

(b) A person's dissociation as a member does not of itself discharge the person from any debt, obligation, or other liability to the limited liability company or the other members which the person incurred while a member.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-75-1107 — AR Code / Title 4 / Chapter 75 / Subchapter 11 / Section 4-75-1107
Exclusive rights - Expiration
Status: in_force

Subject to a transfer, an assignment, or a licensing agreement, the property rights provided by this subchapter are exclusive to: (1) An individual during the individual's lifetime; and (2) The executors, administrators, heirs, devisees, and assignees of the individual for fifty (50) years after the individual's death. Added by Act 2016EX3, No. 9,§ 1, eff. 8/22/2016. Added by Act 2016EX3, No. 8,§ 1, eff. 8/22/2016.

Subject to a transfer, an assignment, or a licensing agreement, the property rights provided by this subchapter are exclusive to:

(1) An individual during the individual's lifetime; and

(2) The executors, administrators, heirs, devisees, and assignees of the individual for fifty (50) years after the individual's death.

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

Added by Act 2016EX3, No. 8,§ 1, eff. 8/22/2016.
Ark. Code Ann. § 4-38-1107 — AR Code / Title 4 / Chapter 38 / Subchapter 11 / Section 4-38-1107
Tax status
Status: in_force

A limited liability company and its member or members shall be classified and taxed for Arkansas income tax purposes in the same manner as the limited liability company and its member or members are classified and taxed for federal income tax purposes. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

A limited liability company and its member or members shall be classified and taxed for Arkansas income tax purposes in the same manner as the limited liability company and its member or members are classified and taxed for federal income tax purposes.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-75-1309 — AR Code / Title 4 / Chapter 75 / Subchapter 13 / Section 4-75-1309
Prohibition on state-funded medical schools using state general revenue funds from tax dollars for name, image, or likeness of student-athletes
Status: in_force

A state-funded medical school in this state shall not: (1) Use state general revenue funds from tax dollars for use of the name, image, or likeness of a student-athlete; or (2) Contract with or offer any state general revenue funds from tax dollars to a student-athlete for the use of his or her name, image, or likeness. Added by Act 2023, No. 880,§ 1, eff. 8/1/2023.

A state-funded medical school in this state shall not:

(1) Use state general revenue funds from tax dollars for use of the name, image, or likeness of a student-athlete; or

(2) Contract with or offer any state general revenue funds from tax dollars to a student-athlete for the use of his or her name, image, or likeness.

Added by Act 2023, No. 880,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 4-47-1107 — AR Code / Title 4 / Chapter 47 / Subchapter 11 / Section 4-47-1107
Action on plan of merger by constituent limited partnership
Status: in_force

(a) Subject to § 4-47-1110 , a plan of merger must be consented to by all the partners of a constituent limited partnership. (b) Subject to § 4-47-1110 and any contractual rights, after a merger is approved, and at any time before a filing is made under § 4-47-1108 , a constituent limited partnership may amend the plan or abandon the planned merger: (1) as provided in the plan; and (2) except as prohibited by the plan, with the same consent as was required to approve the plan. Acts 2007, No. 15, § 1.

(a) Subject to § 4-47-1110 , a plan of merger must be consented to by all the partners of a constituent limited partnership.

(b) Subject to § 4-47-1110 and any contractual rights, after a merger is approved, and at any time before a filing is made under § 4-47-1108 , a constituent limited partnership may amend the plan or abandon the planned merger: (1) as provided in the plan; and (2) except as prohibited by the plan, with the same consent as was required to approve the plan.

(1) as provided in the plan; and

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

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-72-208 — AR Code / Title 4 / Chapter 72 / Subchapter 2 / Section 4-72-208
Franchisee's remedies
Status: in_force

(a) Any franchisee who is harmed by a violation or violations of § 4-72-207 shall be entitled to recover treble damages in a civil action and, where appropriate, obtain injunctive relief in addition to reasonable attorney's fees and costs of litigation. (b) Any franchisee who is harmed by a violation of any other section of this subchapter shall be entitled to recover actual damages in a civil action and, where appropriate, obtain injunctive relief in addition to reasonable attorney's fees and costs of litigation. (c) In addition to the other remedies provided for in this subchapter, the Attorney General shall have authority to file a petition in the circuit court of the county in which the State Capitol is located, seeking an injunction prohibiting any person, firm, corporation, partnership, or other entity from engaging in any of the practices prohibited by this subchapter. However, nothing shall prohibit the Securities Commissioner from taking appropriate action whenever a franchise constitutes a security under the Arkansas Securities Act, § 23-42-101 et seq. Acts 1977, No. 355, §§ 10, 11; A.S.A. 1947, §§ 70-816, 70-817.

(a) Any franchisee who is harmed by a violation or violations of § 4-72-207 shall be entitled to recover treble damages in a civil action and, where appropriate, obtain injunctive relief in addition to reasonable attorney's fees and costs of litigation.

(b) Any franchisee who is harmed by a violation of any other section of this subchapter shall be entitled to recover actual damages in a civil action and, where appropriate, obtain injunctive relief in addition to reasonable attorney's fees and costs of litigation.

(c) In addition to the other remedies provided for in this subchapter, the Attorney General shall have authority to file a petition in the circuit court of the county in which the State Capitol is located, seeking an injunction prohibiting any person, firm, corporation, partnership, or other entity from engaging in any of the practices prohibited by this subchapter. However, nothing shall prohibit the Securities Commissioner from taking appropriate action whenever a franchise constitutes a security under the Arkansas Securities Act, § 23-42-101 et seq.

Acts 1977, No. 355, §§ 10, 11; A.S.A. 1947, §§ 70-816, 70-817.
Ark. Code Ann. § 4-38-907 — AR Code / Title 4 / Chapter 38 / Subchapter 9 / Section 4-38-907
Withdrawal deemed on conversion to domestic filing entity or domestic limited liability partnership
Status: in_force

A registered foreign limited liability company that converts to a domestic limited liability partnership or to a domestic entity whose formation requires delivery of a record to the Secretary of State for filing is deemed to have withdrawn its registration on the effective date of the conversion. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

A registered foreign limited liability company that converts to a domestic limited liability partnership or to a domestic entity whose formation requires delivery of a record to the Secretary of State for filing is deemed to have withdrawn its registration on the effective date of the conversion.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-89-104 — AR Code / Title 4 / Chapter 89 / Section 4-89-104
Penalties
Status: in_force

Any person, firm, partnership, corporation, or other entity that knowingly and willfully commits a deceptive trade practice as defined in § 4-89-102(2) shall be guilty of a Class A misdemeanor. Acts 1973, No. 462, § 11; A.S.A. 1947, § 70-924; Acts 2005, No. 1994, § 343.

Any person, firm, partnership, corporation, or other entity that knowingly and willfully commits a deceptive trade practice as defined in § 4-89-102(2) shall be guilty of a Class A misdemeanor.

Acts 1973, No. 462, § 11; A.S.A. 1947, § 70-924; Acts 2005, No. 1994, § 343.
Ark. Code Ann. § 4-27-1106 — AR Code / Title 4 / Chapter 27 / Subchapter 11 / Section 4-27-1106
Merger
Status: in_force

(a) A corporation may merge with one (1) or more other constituent organizations under this section and §§ 4-27-1107 - 4-27-1110 and a plan of merger if: (1) The governing statute of each of the other organizations authorizes the merger; (2) The merger is not prohibited by the law of a jurisdiction that enacted any of the governing statutes; and (3) Each of the other organizations complies with its governing statute in effecting the merger. (b) A plan of merger shall be in a record and shall include: (1) The name and form of each constituent organization; (2) The name and form of the surviving organization; (3) The terms and conditions of the merger, including the manner and basis for converting the interests in each constituent organization into any combination of money, interests in the surviving organization, and other consideration; and (4) Any amendments to be made by the merger to the surviving organization's organizational documents. 2009, No. 408, § 2.

(a) A corporation may merge with one (1) or more other constituent organizations under this section and §§ 4-27-1107 - 4-27-1110 and a plan of merger if: (1) The governing statute of each of the other organizations authorizes the merger; (2) The merger is not prohibited by the law of a jurisdiction that enacted any of the governing statutes; and (3) Each of the other organizations complies with its governing statute in effecting the merger.

(1) The governing statute of each of the other organizations authorizes the merger;

(2) The merger is not prohibited by the law of a jurisdiction that enacted any of the governing statutes; and

(3) Each of the other organizations complies with its governing statute in effecting the merger.

(b) A plan of merger shall be in a record and shall include: (1) The name and form of each constituent organization; (2) The name and form of the surviving organization; (3) The terms and conditions of the merger, including the manner and basis for converting the interests in each constituent organization into any combination of money, interests in the surviving organization, and other consideration; and (4) Any amendments to be made by the merger to the surviving organization's organizational documents.

(1) The name and form of each constituent organization;

(2) The name and form of the surviving organization;

(3) The terms and conditions of the merger, including the manner and basis for converting the interests in each constituent organization into any combination of money, interests in the surviving organization, and other consideration; and

(4) Any amendments to be made by the merger to the surviving organization's organizational documents.

2009, No. 408, § 2.
Ark. Code Ann. § 4-91-201 — AR Code / Title 4 / Chapter 91 / Subchapter 2 / Section 4-91-201
Title
Status: in_force

This subchapter shall be known and may be cited as the "Credit Repair Services Organizations Act of 2017". Added by Act 2017, No. 944,§ 1, eff. 8/1/2017.

This subchapter shall be known and may be cited as the "Credit Repair Services Organizations Act of 2017".

Added by Act 2017, No. 944,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 4-88-101 — AR Code / Title 4 / Chapter 88 / Subchapter 1 / Section 4-88-101
Applicability of chapter
Status: in_force

This chapter does not apply to: (1) Advertising or practices which are subject to and which comply with any rule, order, or statute administered by the Federal Trade Commission; (2) Broadcasters, printers, publishers, and other persons engaging in the dissemination of information who do not have actual knowledge of the intent, design, purpose, or deceptive nature of the advertising or practice; (3) Actions or transactions specifically permitted under laws administered by the Insurance Commissioner, the Securities Commissioner, the State Highway Commission, the Bank Commissioner, or other regulatory body or officer acting under statutory authority of this state or the United States, unless a director of these divisions specifically requests the Attorney General to implement the powers of this chapter; or (4) Actions or transactions of a public utility which have been authorized by the Arkansas Public Service Commission, a municipal authority, the Federal Energy Regulatory Commission, the Federal Communications Commission, or other regulatory body or officer acting under statutory authority of the United States. Amended by Act 2017, No. 986,§ 1, eff. 8/1/2017. Acts 1971, No. 92, § 13; A.S.A. 1947, § 70-913; Acts 1991, No. 1177, § 3; 1995, No. 836, § 6.

This chapter does not apply to:

(1) Advertising or practices which are subject to and which comply with any rule, order, or statute administered by the Federal Trade Commission;

(2) Broadcasters, printers, publishers, and other persons engaging in the dissemination of information who do not have actual knowledge of the intent, design, purpose, or deceptive nature of the advertising or practice;

(3) Actions or transactions specifically permitted under laws administered by the Insurance Commissioner, the Securities Commissioner, the State Highway Commission, the Bank Commissioner, or other regulatory body or officer acting under statutory authority of this state or the United States, unless a director of these divisions specifically requests the Attorney General to implement the powers of this chapter; or

(4) Actions or transactions of a public utility which have been authorized by the Arkansas Public Service Commission, a municipal authority, the Federal Energy Regulatory Commission, the Federal Communications Commission, or other regulatory body or officer acting under statutory authority of the United States.

Amended by Act 2017, No. 986,§ 1, eff. 8/1/2017.

Acts 1971, No. 92, § 13; A.S.A. 1947, § 70-913; Acts 1991, No. 1177, § 3; 1995, No. 836, § 6.
Ark. Code Ann. § 4-28-212 — AR Code / Title 4 / Chapter 28 / Subchapter 2 / Section 4-28-212
Voting
Status: in_force

(a) Each member shall be entitled to one (1) vote in the election of the board of directors. Where more than one (1) membership is held by a single entity, the member shall be entitled to one (1) vote for each such membership. (b) On such other matters as may be subject to vote of the members, the voting right shall be as provided in the articles of incorporation or bylaws. (c) (1) In all matters as may be subject to the vote of the members, a member may vote in person or by proxy, unless the articles of incorporation or bylaws require such votes to be cast in person at a meeting of the membership held for such purposes. (2) A member may appoint a proxy to vote or otherwise act for him or her by signing an appointment form, either personally or by his or her attorney-in-fact. (3) An appointment of a proxy is effective when received by the secretary or other officer or agent authorized to tabulate votes. An appointment is valid for eleven (11) months unless the member expressly provides for a longer term in the appointment form. (4) An appointment of a proxy is revocable by the member at any time by written notice regular on its face to the secretary or other officer or agent authorized to tabulate votes. (5) Subject to § 4-28-224 and to any express limitation on the proxy's authority appearing on the face of the appointment form, a corporation is entitled to accept the proxy's vote or other action as that of the member making the appointment. Acts 1963, No. 176, § 11; A.S.A. 1947, § 64-1911; Acts 1989, No. 672, § 1.

(a) Each member shall be entitled to one (1) vote in the election of the board of directors. Where more than one (1) membership is held by a single entity, the member shall be entitled to one (1) vote for each such membership.

(b) On such other matters as may be subject to vote of the members, the voting right shall be as provided in the articles of incorporation or bylaws.

(c) (1) In all matters as may be subject to the vote of the members, a member may vote in person or by proxy, unless the articles of incorporation or bylaws require such votes to be cast in person at a meeting of the membership held for such purposes. (2) A member may appoint a proxy to vote or otherwise act for him or her by signing an appointment form, either personally or by his or her attorney-in-fact. (3) An appointment of a proxy is effective when received by the secretary or other officer or agent authorized to tabulate votes. An appointment is valid for eleven (11) months unless the member expressly provides for a longer term in the appointment form. (4) An appointment of a proxy is revocable by the member at any time by written notice regular on its face to the secretary or other officer or agent authorized to tabulate votes. (5) Subject to § 4-28-224 and to any express limitation on the proxy's authority appearing on the face of the appointment form, a corporation is entitled to accept the proxy's vote or other action as that of the member making the appointment.

(1) In all matters as may be subject to the vote of the members, a member may vote in person or by proxy, unless the articles of incorporation or bylaws require such votes to be cast in person at a meeting of the membership held for such purposes.

(2) A member may appoint a proxy to vote or otherwise act for him or her by signing an appointment form, either personally or by his or her attorney-in-fact.

(3) An appointment of a proxy is effective when received by the secretary or other officer or agent authorized to tabulate votes. An appointment is valid for eleven (11) months unless the member expressly provides for a longer term in the appointment form.

(4) An appointment of a proxy is revocable by the member at any time by written notice regular on its face to the secretary or other officer or agent authorized to tabulate votes.

(5) Subject to § 4-28-224 and to any express limitation on the proxy's authority appearing on the face of the appointment form, a corporation is entitled to accept the proxy's vote or other action as that of the member making the appointment.

Acts 1963, No. 176, § 11; A.S.A. 1947, § 64-1911; Acts 1989, No. 672, § 1.
Ark. Code Ann. § 4-75-602 — AR Code / Title 4 / Chapter 75 / Subchapter 6 / Section 4-75-602
Effect of subchapter on other law
Status: in_force

(a) This subchapter displaces conflicting tort, restitutionary, and other law of this state pertaining to civil liability for misappropriation of a trade secret. (b) This subchapter does not affect: (1) Contractual or other civil liability or relief that is not based upon misappropriation of a trade secret; or (2) Criminal liability for misappropriation of a trade secret. Acts 1981, No. 439, § 7; A.S.A. 1947, § 70-1007.

(a) This subchapter displaces conflicting tort, restitutionary, and other law of this state pertaining to civil liability for misappropriation of a trade secret.

(b) This subchapter does not affect: (1) Contractual or other civil liability or relief that is not based upon misappropriation of a trade secret; or (2) Criminal liability for misappropriation of a trade secret.

(1) Contractual or other civil liability or relief that is not based upon misappropriation of a trade secret; or

(2) Criminal liability for misappropriation of a trade secret.

Acts 1981, No. 439, § 7; A.S.A. 1947, § 70-1007.
Ark. Code Ann. § 4-90-510 — AR Code / Title 4 / Chapter 90 / Subchapter 5 / Section 4-90-510
Investigations and enforcement
Status: in_force

(a) The Insurance Commissioner is authorized to conduct such investigations of the motor vehicle service contract and theft protection program business of any motor vehicle service contract provider or warrantor and of any person assisting the motor vehicle service contract provider or warrantor in the conduct of such business as the commissioner may deem necessary. (b) The commissioner shall have and may exercise all of the powers conferred by § 23-61-103 , §§ 23-61-108 - 23-61-110 , § 23-61-201(a)(1) , §§ 23-61-203 - 23-61-206 , and § 23-61-301 et seq. in the conduct of such investigations and in the enforcement of this subchapter and any rules promulgated by the commissioner. Amended by Act 2019, No. 315,§ 137, eff. 7/24/2019. Amended by Act 2017, No. 364,§ 7, eff. 8/1/2017. Acts 1993, No. 805, § 9.

(a) The Insurance Commissioner is authorized to conduct such investigations of the motor vehicle service contract and theft protection program business of any motor vehicle service contract provider or warrantor and of any person assisting the motor vehicle service contract provider or warrantor in the conduct of such business as the commissioner may deem necessary.

(b) The commissioner shall have and may exercise all of the powers conferred by § 23-61-103 , §§ 23-61-108 - 23-61-110 , § 23-61-201(a)(1) , §§ 23-61-203 - 23-61-206 , and § 23-61-301 et seq. in the conduct of such investigations and in the enforcement of this subchapter and any rules promulgated by the commissioner.

Amended by Act 2019, No. 315,§ 137, eff. 7/24/2019.

Amended by Act 2017, No. 364,§ 7, eff. 8/1/2017.

Acts 1993, No. 805, § 9.
Ark. Code Ann. § 4-26-1012 — AR Code / Title 4 / Chapter 26 / Subchapter 10 / Section 4-26-1012
Chapter not exclusive
Status: in_force

This chapter does not preclude an organization from being converted or merged under other law. Acts 2009, No. 408, § 1.

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

Acts 2009, No. 408, § 1.
Ark. Code Ann. § 4-47-106 — AR Code / Title 4 / Chapter 47 / Subchapter 1 / Section 4-47-106
Governing law
Status: in_force

The law of this State governs relations among the partners of a limited partnership and between the partners and the limited partnership and the liability of partners as partners for an obligation of the limited partnership. Acts 2007, No. 15, § 1.

The law of this State governs relations among the partners of a limited partnership and between the partners and the limited partnership and the liability of partners as partners for an obligation of the limited partnership.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-56-107 — AR Code / Title 4 / Chapter 56 / Section 4-56-107
Digital currency - Legislative findings - Prohibited - Definitions
Status: in_force

(a) The General Assembly finds that: (1) Digital currency may be used for many common things, including without limitation payment applications or through online transactions; (2) Individuals feel strongly about their right to privacy; (3) An individual may be tracked through the use of digital currency concerning purchases and locations; and (4) Tracking an individual without his or her knowledge and consent or a legal right to do so should be prohibited. (b) As used in this section: (1) "Central bank" means a financial institution given privileged control over the production and distribution of money and credit for the United States; (2) "Central bank digital currency" means a digital form of central bank money that is available to the general public; (3) "Central bank money" means legal tender that is a liability of the central bank; and (4) (A) "Digital currency" means a digital form of money that is available to the general public. (B) "Digital currency" includes central bank digital currency. (c) A digital currency tracker shall not be used in this state to track an individual's purchases or location through the use by an individual of digital currency unless: (1) A warrant has been issued in a criminal or civil court case that expressly authorizes the tracking of the individual's purchases; or (2) The individual knows and consents to the digital currency tracker. (d) (1) The Right to Financial Privacy Act of 1978, Pub. L. No. 95-630, restricts the ability of a government authority to access or obtain the financial records of a customer of a financial institution. (2) The Right to Financial Privacy Act of 1978, Pub. L. No. 95-630, provides exceptions for when a financial institution does not need customer consent for the disclosure, including if a legitimate law enforcement inquiry is submitted to the financial institution. (3) To the extent the disclosure authority is restricted by a state statute that limits the ability of a financial institution to share information relating to a legitimate law enforcement inquiry, it could be determined to conflict with the Right to Financial Privacy Act of 1978, Pub. L. No. 95-630, and would be subject to challenge under federal law. (4) (A) This section does not prohibit a financial institution, or an officer, employee, or agent of a financial institution, from complying with the Right to Financial Privacy Act of 1978, Pub. L. No. 95-630, the Bank Secrecy Act, Pub. L. No. 91-508, or Federal Financial Institutions Examination Council regulations, including without limitation currency transaction reports and suspicious activity reports. (B) A financial institution, or officer, employee, or agent thereof, refusing a request for disclosure of disclosure of protected nonpublic information under this subsection in good faith, shall not be liable to any government authority. Added by Act 2023, No. 596,§ 1, eff. 8/1/2023.

(a) The General Assembly finds that: (1) Digital currency may be used for many common things, including without limitation payment applications or through online transactions; (2) Individuals feel strongly about their right to privacy; (3) An individual may be tracked through the use of digital currency concerning purchases and locations; and (4) Tracking an individual without his or her knowledge and consent or a legal right to do so should be prohibited.

(1) Digital currency may be used for many common things, including without limitation payment applications or through online transactions;

(2) Individuals feel strongly about their right to privacy;

(3) An individual may be tracked through the use of digital currency concerning purchases and locations; and

(4) Tracking an individual without his or her knowledge and consent or a legal right to do so should be prohibited.

(b) As used in this section: (1) "Central bank" means a financial institution given privileged control over the production and distribution of money and credit for the United States; (2) "Central bank digital currency" means a digital form of central bank money that is available to the general public; (3) "Central bank money" means legal tender that is a liability of the central bank; and (4) (A) "Digital currency" means a digital form of money that is available to the general public. (B) "Digital currency" includes central bank digital currency.

(1) "Central bank" means a financial institution given privileged control over the production and distribution of money and credit for the United States;

(2) "Central bank digital currency" means a digital form of central bank money that is available to the general public;

(3) "Central bank money" means legal tender that is a liability of the central bank; and

(4) (A) "Digital currency" means a digital form of money that is available to the general public. (B) "Digital currency" includes central bank digital currency.

(A) "Digital currency" means a digital form of money that is available to the general public.

(B) "Digital currency" includes central bank digital currency.

(c) A digital currency tracker shall not be used in this state to track an individual's purchases or location through the use by an individual of digital currency unless: (1) A warrant has been issued in a criminal or civil court case that expressly authorizes the tracking of the individual's purchases; or (2) The individual knows and consents to the digital currency tracker.

(1) A warrant has been issued in a criminal or civil court case that expressly authorizes the tracking of the individual's purchases; or

(2) The individual knows and consents to the digital currency tracker.

(d) (1) The Right to Financial Privacy Act of 1978, Pub. L. No. 95-630, restricts the ability of a government authority to access or obtain the financial records of a customer of a financial institution. (2) The Right to Financial Privacy Act of 1978, Pub. L. No. 95-630, provides exceptions for when a financial institution does not need customer consent for the disclosure, including if a legitimate law enforcement inquiry is submitted to the financial institution. (3) To the extent the disclosure authority is restricted by a state statute that limits the ability of a financial institution to share information relating to a legitimate law enforcement inquiry, it could be determined to conflict with the Right to Financial Privacy Act of 1978, Pub. L. No. 95-630, and would be subject to challenge under federal law. (4) (A) This section does not prohibit a financial institution, or an officer, employee, or agent of a financial institution, from complying with the Right to Financial Privacy Act of 1978, Pub. L. No. 95-630, the Bank Secrecy Act, Pub. L. No. 91-508, or Federal Financial Institutions Examination Council regulations, including without limitation currency transaction reports and suspicious activity reports. (B) A financial institution, or officer, employee, or agent thereof, refusing a request for disclosure of disclosure of protected nonpublic information under this subsection in good faith, shall not be liable to any government authority.

(1) The Right to Financial Privacy Act of 1978, Pub. L. No. 95-630, restricts the ability of a government authority to access or obtain the financial records of a customer of a financial institution.

(2) The Right to Financial Privacy Act of 1978, Pub. L. No. 95-630, provides exceptions for when a financial institution does not need customer consent for the disclosure, including if a legitimate law enforcement inquiry is submitted to the financial institution.

(3) To the extent the disclosure authority is restricted by a state statute that limits the ability of a financial institution to share information relating to a legitimate law enforcement inquiry, it could be determined to conflict with the Right to Financial Privacy Act of 1978, Pub. L. No. 95-630, and would be subject to challenge under federal law.

(4) (A) This section does not prohibit a financial institution, or an officer, employee, or agent of a financial institution, from complying with the Right to Financial Privacy Act of 1978, Pub. L. No. 95-630, the Bank Secrecy Act, Pub. L. No. 91-508, or Federal Financial Institutions Examination Council regulations, including without limitation currency transaction reports and suspicious activity reports. (B) A financial institution, or officer, employee, or agent thereof, refusing a request for disclosure of disclosure of protected nonpublic information under this subsection in good faith, shall not be liable to any government authority.

(A) This section does not prohibit a financial institution, or an officer, employee, or agent of a financial institution, from complying with the Right to Financial Privacy Act of 1978, Pub. L. No. 95-630, the Bank Secrecy Act, Pub. L. No. 91-508, or Federal Financial Institutions Examination Council regulations, including without limitation currency transaction reports and suspicious activity reports.

(B) A financial institution, or officer, employee, or agent thereof, refusing a request for disclosure of disclosure of protected nonpublic information under this subsection in good faith, shall not be liable to any government authority.

Added by Act 2023, No. 596,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 4-57-102 — AR Code / Title 4 / Chapter 57 / Section 4-57-102
Reservation or discounting of interest permitted
Status: in_force

It is lawful for a party to loan money in this state by reserving or discounting interest upon commercial paper, mortgages, or other securities for any period authorized by a rule or regulation of the Federal Housing Administration or its successor or for a period of at least thirty-six (36) months, whichever is greater, at any rate of interest agreed upon by the parties not to exceed the applicable rate of interest, if any, prescribed by Arkansas Constitution, Amendment 89, whether the papers or securities for principal or interest are payable in this state, or in any other state, territory, kingdom, or country. Amended by Act 2013, No. 1124,§ 2, eff. 8/16/2013. Acts 1868, No. 9, § 7, p. 32; 1875, No. 56, § 5, p. 145; 1895, No. 150, § 1, p. 235; C. & M. Dig., § 7355; Pope's Dig., § 9394; Acts 1953, No. 330, § 1; 1961, No. 71, § 1; A.S.A. 1947, § 68-604.

It is lawful for a party to loan money in this state by reserving or discounting interest upon commercial paper, mortgages, or other securities for any period authorized by a rule or regulation of the Federal Housing Administration or its successor or for a period of at least thirty-six (36) months, whichever is greater, at any rate of interest agreed upon by the parties not to exceed the applicable rate of interest, if any, prescribed by Arkansas Constitution, Amendment 89, whether the papers or securities for principal or interest are payable in this state, or in any other state, territory, kingdom, or country.

Amended by Act 2013, No. 1124,§ 2, eff. 8/16/2013.

Acts 1868, No. 9, § 7, p. 32; 1875, No. 56, § 5, p. 145; 1895, No. 150, § 1, p. 235; C. & M. Dig., § 7355; Pope's Dig., § 9394; Acts 1953, No. 330, § 1; 1961, No. 71, § 1; A.S.A. 1947, § 68-604.
Ark. Code Ann. § 4-59-305 — AR Code / Title 4 / Chapter 59 / Subchapter 3 / Section 4-59-305
Inducing carrier to issue bill when goods have not been received
Status: in_force

Any person who with intent to defraud secures the issue by a carrier of a bill, knowing that at the time of the issue any or all of the goods described in the bill as received for transportation have not been received by the carrier, or an agent of the carrier or a connecting carrier, or are not under the carrier's control, by inducing an officer, agent, or servant of the carrier falsely to believe that the goods have been received by the carrier or are under its control, shall be guilty of a crime and upon conviction shall be punished for each offense by imprisonment not exceeding five (5) years or by a fine not exceeding five thousand dollars ($5,000), or by both. Acts 1941, No. 264, § 49; A.S.A. 1947, § 68-1149.

Any person who with intent to defraud secures the issue by a carrier of a bill, knowing that at the time of the issue any or all of the goods described in the bill as received for transportation have not been received by the carrier, or an agent of the carrier or a connecting carrier, or are not under the carrier's control, by inducing an officer, agent, or servant of the carrier falsely to believe that the goods have been received by the carrier or are under its control, shall be guilty of a crime and upon conviction shall be punished for each offense by imprisonment not exceeding five (5) years or by a fine not exceeding five thousand dollars ($5,000), or by both.

Acts 1941, No. 264, § 49; A.S.A. 1947, § 68-1149.
Ark. Code Ann. § 4-72-401 — AR Code / Title 4 / Chapter 72 / Subchapter 4 / Section 4-72-401
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 and a petroleum products distributor whereby the supplier agrees to furnish or supply petroleum products to the distributor and the distributor agrees to purchase or accept on consignment or otherwise receive petroleum products from the supplier for sale at wholesale; (2) "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 (3) "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 distributor. Acts 1975, No. 470, § 1; A.S.A. 1947, § 53-1001.

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

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

(2) "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

(3) "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 distributor.

Acts 1975, No. 470, § 1; A.S.A. 1947, § 53-1001.
Ark. Code Ann. § 4-90-806 — AR Code / Title 4 / Chapter 90 / Subchapter 8 / Section 4-90-806
Cancellation of guaranteed asset protection waiver
Status: in_force

(a) (1) A guaranteed asset protection waiver agreement may be cancelable or may not be cancelable after the free look period. (2) A guaranteed asset protection waiver that is cancelable shall provide that if a borrower cancels a guaranteed asset protection waiver within the free look period, the borrower shall be entitled to a full refund of the purchase price, so long as no benefits have been provided. (b) (1) Upon a borrower's cancellation of the guaranteed asset protection waiver or early termination of the finance agreement, after the agreement has been in effect beyond the free look period and no benefits have been provided, the borrower shall be entitled to a refund of any unearned portion of the purchase price of the waiver less any cancellation fee no greater than seventy-five dollars ($75.00) according to the terms of the waiver. (2) In order to receive a refund, a borrower shall provide a written notice requesting to cancel the guaranteed asset protection waiver to the creditor, administrator, or other party under any applicable terms of the guaranteed asset protection waiver. (3) If the request is being made due to the early termination of the finance agreement, the notice shall be provided by the borrower to the creditor, administrator, or other party within ninety (90) days of the occurrence of the event terminating the finance agreement. (c) If the cancellation of the guaranteed asset protection waiver occurs as a result of a default under the finance agreement, the repossession of the motor vehicle associated with the finance agreement, or any other termination of the finance agreement, any refund due may be paid directly to the creditor or administrator and applied as stated in subsection (d) of this section. (d) A cancellation refund under this section may be applied by the creditor as a reduction of the amount owed under the finance agreement, unless the borrower can show that the finance agreement has been paid in full. Added by Act 2019, No. 787,§ 1, eff. 7/24/2019.

(a) (1) A guaranteed asset protection waiver agreement may be cancelable or may not be cancelable after the free look period. (2) A guaranteed asset protection waiver that is cancelable shall provide that if a borrower cancels a guaranteed asset protection waiver within the free look period, the borrower shall be entitled to a full refund of the purchase price, so long as no benefits have been provided.

(1) A guaranteed asset protection waiver agreement may be cancelable or may not be cancelable after the free look period.

(2) A guaranteed asset protection waiver that is cancelable shall provide that if a borrower cancels a guaranteed asset protection waiver within the free look period, the borrower shall be entitled to a full refund of the purchase price, so long as no benefits have been provided.

(b) (1) Upon a borrower's cancellation of the guaranteed asset protection waiver or early termination of the finance agreement, after the agreement has been in effect beyond the free look period and no benefits have been provided, the borrower shall be entitled to a refund of any unearned portion of the purchase price of the waiver less any cancellation fee no greater than seventy-five dollars ($75.00) according to the terms of the waiver. (2) In order to receive a refund, a borrower shall provide a written notice requesting to cancel the guaranteed asset protection waiver to the creditor, administrator, or other party under any applicable terms of the guaranteed asset protection waiver. (3) If the request is being made due to the early termination of the finance agreement, the notice shall be provided by the borrower to the creditor, administrator, or other party within ninety (90) days of the occurrence of the event terminating the finance agreement.

(1) Upon a borrower's cancellation of the guaranteed asset protection waiver or early termination of the finance agreement, after the agreement has been in effect beyond the free look period and no benefits have been provided, the borrower shall be entitled to a refund of any unearned portion of the purchase price of the waiver less any cancellation fee no greater than seventy-five dollars ($75.00) according to the terms of the waiver.

(2) In order to receive a refund, a borrower shall provide a written notice requesting to cancel the guaranteed asset protection waiver to the creditor, administrator, or other party under any applicable terms of the guaranteed asset protection waiver.

(3) If the request is being made due to the early termination of the finance agreement, the notice shall be provided by the borrower to the creditor, administrator, or other party within ninety (90) days of the occurrence of the event terminating the finance agreement.

(c) If the cancellation of the guaranteed asset protection waiver occurs as a result of a default under the finance agreement, the repossession of the motor vehicle associated with the finance agreement, or any other termination of the finance agreement, any refund due may be paid directly to the creditor or administrator and applied as stated in subsection (d) of this section.

(d) A cancellation refund under this section may be applied by the creditor as a reduction of the amount owed under the finance agreement, unless the borrower can show that the finance agreement has been paid in full.

Added by Act 2019, No. 787,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 4-47-109 — AR Code / Title 4 / Chapter 47 / Subchapter 1 / Section 4-47-109
Reservation of name
Status: in_force

(a) The exclusive right to the use of a name that complies with § 4-47-108 may be reserved by: (1) a person intending to organize a limited partnership under this chapter and to adopt the name; (2) a limited partnership or a foreign limited partnership authorized to transact business in this State intending to adopt the name; (3) a foreign limited partnership intending to obtain a certificate of authority to transact business in this State and adopt the name; (4) a person intending to organize a foreign limited partnership and intending to have it obtain a certificate of authority to transact business in this State and adopt the name; (5) a foreign limited partnership formed under the name; or (6) a foreign limited partnership formed under a name that does not comply with § 4-47-108(b) or (c) , but the name reserved under this paragraph may differ from the foreign limited partnership's name only to the extent necessary to comply with § 4-47-108(b) and (c) . (b) A person may apply to reserve a name under subsection (a) by delivering to the Secretary of State for filing an application that states the name to be reserved and the paragraph of subsection (a) which applies. If the Secretary of State finds that the name is available for use by the applicant, the Secretary of State shall file a statement of name reservation and thereby reserve the name for the exclusive use of the applicant for 120 days. (c) An applicant that has reserved a name pursuant to subsection (b) may reserve the same name for additional 120-day periods. A person having a current reservation for a name may not apply for another 120-day period for the same name until 90 days have elapsed in the current reservation. (d) A person that has reserved a name under this section may deliver to the Secretary of State for filing a notice of transfer that states the reserved name, the name and street and mailing address of some other person to which the reservation is to be transferred, and the paragraph of subsection (a) which applies to the other person. Subject to § 4-47-206(c) , the transfer is effective when the Secretary of State files the notice of transfer. Acts 2007, No. 15, § 1.

(a) The exclusive right to the use of a name that complies with § 4-47-108 may be reserved by: (1) a person intending to organize a limited partnership under this chapter and to adopt the name; (2) a limited partnership or a foreign limited partnership authorized to transact business in this State intending to adopt the name; (3) a foreign limited partnership intending to obtain a certificate of authority to transact business in this State and adopt the name; (4) a person intending to organize a foreign limited partnership and intending to have it obtain a certificate of authority to transact business in this State and adopt the name; (5) a foreign limited partnership formed under the name; or (6) a foreign limited partnership formed under a name that does not comply with § 4-47-108(b) or (c) , but the name reserved under this paragraph may differ from the foreign limited partnership's name only to the extent necessary to comply with § 4-47-108(b) and (c) .

(1) a person intending to organize a limited partnership under this chapter and to adopt the name;

(2) a limited partnership or a foreign limited partnership authorized to transact business in this State intending to adopt the name;

(3) a foreign limited partnership intending to obtain a certificate of authority to transact business in this State and adopt the name;

(4) a person intending to organize a foreign limited partnership and intending to have it obtain a certificate of authority to transact business in this State and adopt the name;

(5) a foreign limited partnership formed under the name; or

(6) a foreign limited partnership formed under a name that does not comply with § 4-47-108(b) or (c) , but the name reserved under this paragraph may differ from the foreign limited partnership's name only to the extent necessary to comply with § 4-47-108(b) and (c) .

(b) A person may apply to reserve a name under subsection (a) by delivering to the Secretary of State for filing an application that states the name to be reserved and the paragraph of subsection (a) which applies. If the Secretary of State finds that the name is available for use by the applicant, the Secretary of State shall file a statement of name reservation and thereby reserve the name for the exclusive use of the applicant for 120 days.

(c) An applicant that has reserved a name pursuant to subsection (b) may reserve the same name for additional 120-day periods. A person having a current reservation for a name may not apply for another 120-day period for the same name until 90 days have elapsed in the current reservation.

(d) A person that has reserved a name under this section may deliver to the Secretary of State for filing a notice of transfer that states the reserved name, the name and street and mailing address of some other person to which the reservation is to be transferred, and the paragraph of subsection (a) which applies to the other person. Subject to § 4-47-206(c) , the transfer is effective when the Secretary of State files the notice of transfer.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-75-802 — AR Code / Title 4 / Chapter 75 / Subchapter 8 / Section 4-75-802
Definition
Status: in_force

(a) As used in §§ 4-75-801 - 4-75-806 , 4-75-808 , and 4-75-809 , unless the context otherwise requires, "cost" includes the price the processor or distributor pays the producer for fresh milk, plus the cost of doing business, which shall include labor, including salaries of executives and officers, rent, interest, depreciation, selling costs, maintenance of equipment, transportation and delivery costs, credit losses, all types of permit and license fees, all taxes, insurance, advertising, and any and all overhead expenses of the processor or distributor or expenses incident to doing business. (b) In the event any action is instituted in any court in this state under §§ 4-75-801 - 4-75-806 , 4-75-808 , and 4-75-809 , costs, including the cost of raw milk, shall be determined by the average costs of such processor or distributor for the thirty-day period previous to the date of the alleged violation. (c) A profit from the sale of other products, including ice cream and other frozen foods, shall not be used in cost computations to subsidize or lower the costs of doing business in the sale of fresh milk. Acts 1955, No. 380, § 3; A.S.A. 1947, § 70-703.

(a) As used in §§ 4-75-801 - 4-75-806 , 4-75-808 , and 4-75-809 , unless the context otherwise requires, "cost" includes the price the processor or distributor pays the producer for fresh milk, plus the cost of doing business, which shall include labor, including salaries of executives and officers, rent, interest, depreciation, selling costs, maintenance of equipment, transportation and delivery costs, credit losses, all types of permit and license fees, all taxes, insurance, advertising, and any and all overhead expenses of the processor or distributor or expenses incident to doing business.

(b) In the event any action is instituted in any court in this state under §§ 4-75-801 - 4-75-806 , 4-75-808 , and 4-75-809 , costs, including the cost of raw milk, shall be determined by the average costs of such processor or distributor for the thirty-day period previous to the date of the alleged violation.

(c) A profit from the sale of other products, including ice cream and other frozen foods, shall not be used in cost computations to subsidize or lower the costs of doing business in the sale of fresh milk.

Acts 1955, No. 380, § 3; A.S.A. 1947, § 70-703.
Ark. Code Ann. § 4-88-103 — AR Code / Title 4 / Chapter 88 / Subchapter 1 / Section 4-88-103
Penalties
Status: in_force

Any person who knowingly and willfully commits an unlawful practice under this chapter shall be guilty of a Class A misdemeanor. Acts 1971, No. 92, § 7; A.S.A. 1947, § 70-907; Acts 1991, No. 1177, § 3.

Any person who knowingly and willfully commits an unlawful practice under this chapter shall be guilty of a Class A misdemeanor.

Acts 1971, No. 92, § 7; A.S.A. 1947, § 70-907; Acts 1991, No. 1177, § 3.
Ark. Code Ann. § 4-47-205 — AR Code / Title 4 / Chapter 47 / Subchapter 2 / Section 4-47-205
Signing and filing pursuant to judicial order
Status: in_force

(a) If a person required by this chapter to sign a record or deliver a record to the Secretary of State for filing does not do so, any other person that is aggrieved may petition the circuit court to order: (1) the person to sign the record; (2) deliver the record to the Secretary of State for filing; or (3) the Secretary of State to file the record unsigned. (b) If the person aggrieved under subsection (a) is not the limited partnership or foreign limited partnership to which the record pertains, the aggrieved person shall make the limited partnership or foreign limited partnership a party to the action. A person aggrieved under subsection (a) may seek the remedies provided in subsection (a) in the same action in combination or in the alternative. (c) A record filed unsigned pursuant to this section is effective without being signed. Acts 2007, No. 15, § 1.

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

(1) the person to sign the record;

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

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

(b) If the person aggrieved under subsection (a) is not the limited partnership or foreign limited partnership to which the record pertains, the aggrieved person shall make the limited partnership or foreign limited partnership a party to the action. A person aggrieved under subsection (a) may seek the remedies provided in subsection (a) in the same action in combination or in the alternative.

(c) A record filed unsigned pursuant to this section is effective without being signed.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-75-1305 — AR Code / Title 4 / Chapter 75 / Subchapter 13 / Section 4-75-1305
Representation
Status: in_force

(a) An agent, athlete agent, financial advisor, or attorney who is providing professional representation of a student-athlete shall be licensed, as applicable, in this state. (b) An institution of higher education, athletic association, athletic conference, or other organization with authority over varsity intercollegiate athletics shall not prevent a student-athlete from participating in a varsity intercollegiate sport, or otherwise penalize a student-athlete, for obtaining professional representation in connection with an opportunity to earn compensation for the commercial use of the student-athlete's publicity rights. (c) A student-athlete may rescind a publicity rights contract with a third-party licensee or a contract for professional representation related to publicity rights without being held liable for breach of contract and with no obligation to return payments received before giving notice of rescission if the student-athlete is no longer eligible to participate in any varsity intercollegiate athletics program at an institution of higher education. Amended by Act 2023, No. 589,§ 4, eff. 4/11/2023. Added by Act 2021, No. 810,§ 1, eff. 1/1/2022.

(a) An agent, athlete agent, financial advisor, or attorney who is providing professional representation of a student-athlete shall be licensed, as applicable, in this state.

(b) An institution of higher education, athletic association, athletic conference, or other organization with authority over varsity intercollegiate athletics shall not prevent a student-athlete from participating in a varsity intercollegiate sport, or otherwise penalize a student-athlete, for obtaining professional representation in connection with an opportunity to earn compensation for the commercial use of the student-athlete's publicity rights.

(c) A student-athlete may rescind a publicity rights contract with a third-party licensee or a contract for professional representation related to publicity rights without being held liable for breach of contract and with no obligation to return payments received before giving notice of rescission if the student-athlete is no longer eligible to participate in any varsity intercollegiate athletics program at an institution of higher education.

Amended by Act 2023, No. 589,§ 4, eff. 4/11/2023.

Added by Act 2021, No. 810,§ 1, eff. 1/1/2022.
Ark. Code Ann. § 4-57-108 — AR Code / Title 4 / Chapter 57 / Section 4-57-108
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1124,§ 4, eff. 8/16/2013. Acts 1985, No. 245, § 1; A.S.A. 1947, § 68-614.

Repealed by Act 2013, No. 1124,§ 4, eff. 8/16/2013.

Acts 1985, No. 245, § 1; A.S.A. 1947, § 68-614.
Ark. Code Ann. § 4-18-304 — AR Code / Title 4 / Chapter 18 / Subchapter 3 / Section 4-18-304
Technical requirements for weighing and measuring devices
Status: in_force

The specifications, tolerances, and other technical requirements for commercial, law enforcement, data gathering, and other weighing and measuring devices as adopted by the National Conference on Weights and Measures, published in the National Institute of Standards and Technology Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices," and supplements thereto or revisions thereof, shall apply to weighing and measuring devices in the state, as adopted, or amended and adopted, by rule of the State Plant Board. Acts 2001, No. 587, § 4.

The specifications, tolerances, and other technical requirements for commercial, law enforcement, data gathering, and other weighing and measuring devices as adopted by the National Conference on Weights and Measures, published in the National Institute of Standards and Technology Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices," and supplements thereto or revisions thereof, shall apply to weighing and measuring devices in the state, as adopted, or amended and adopted, by rule of the State Plant Board.

Acts 2001, No. 587, § 4.
Ark. Code Ann. § 4-5-101 — AR Code / Title 4 / Chapter 5 / Section 4-5-101
Short title
Status: in_force

This chapter may be cited as Uniform Commercial Code-Letters of Credit. Acts 1997, No. 1070, § 1.

This chapter may be cited as Uniform Commercial Code-Letters of Credit.

Acts 1997, No. 1070, § 1.
Ark. Code Ann. § 4-46-1002 — AR Code / Title 4 / Chapter 46 / Subchapter 10 / Section 4-46-1002
Name
Status: in_force

The name of a limited liability partnership must end with "Registered Limited Liability Partnership", "Limited Liability Partnership", "R.L.L.P.", "L.L.P.", "RLLP", or "LLP". Acts 1999, No. 1518, § 1002.

The name of a limited liability partnership must end with "Registered Limited Liability Partnership", "Limited Liability Partnership", "R.L.L.P.", "L.L.P.", "RLLP", or "LLP".

Acts 1999, No. 1518, § 1002.
Ark. Code Ann. § 4-37-404 — AR Code / Title 4 / Chapter 37 / Subchapter 4 / Section 4-37-404
Enforcement against non-associated asset
Status: in_force

(a) In this section: (1) "Enforcement date" means 12:01 a.m. on the date on which a claimant first serves process on a series limited liability company or protected series in an action seeking to enforce under this section a claim against an asset of the company or protected series by attachment, levy, or the like. (2) Subject to § 4-37-608(b) , "incurrence date" means the date on which a series limited liability company or protected series incurred the liability giving rise to a claim that a claimant seeks to enforce under this section. (b) If a claim against a series limited liability company or a protected series of the company has been reduced to judgment, in addition to any other remedy provided by law or equity, the judgment may be enforced in accordance with the following rules: (1) A judgment against the company may be enforced against an asset of a protected series of the company if the asset: (A) was a non-associated asset of the protected series on the incurrence date; or (B) is a non-associated asset of the protected series on the enforcement date. (2) A judgment against a protected series may be enforced against an asset of the company if the asset: (A) was a non-associated asset of the company on the incurrence date; or (B) is a non-associated asset of the company on the enforcement date. (3) A judgment against a protected series may be enforced against an asset of another protected series of the company if the asset: (A) was a non-associated asset of the other protected series on the incurrence date; or (B) is a non-associated asset of the other protected series on the enforcement date. (c) In addition to any other remedy provided by law or equity, if a claim against a series limited liability company or a protected series has not been reduced to a judgment and law other than this chapter permits a prejudgment remedy by attachment, levy, or the like, the court may apply subsection (b) as a prejudgment remedy. (d) In a proceeding under this section, the party asserting that an asset is or was an associated asset of a series limited liability company or a protected series of the company has the burden of proof on the issue. (e) This section applies to an asset of a foreign series limited liability company or foreign protected series if: (1) the asset is real or tangible property located in this state; (2) the claimant is a resident of this state or doing business or registered to do business in this state, or the claim under § 4-37-404 is to enforce a judgment, or to seek a prejudgment remedy, pertaining to a liability arising from law of this state other than this chapter or an act or omission in this state; and (3) the asset is not identified in the records of the foreign series limited liability company or foreign protected series in a manner comparable to the manner required by § 4-37-301 . Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.

(a) In this section: (1) "Enforcement date" means 12:01 a.m. on the date on which a claimant first serves process on a series limited liability company or protected series in an action seeking to enforce under this section a claim against an asset of the company or protected series by attachment, levy, or the like. (2) Subject to § 4-37-608(b) , "incurrence date" means the date on which a series limited liability company or protected series incurred the liability giving rise to a claim that a claimant seeks to enforce under this section.

(1) "Enforcement date" means 12:01 a.m. on the date on which a claimant first serves process on a series limited liability company or protected series in an action seeking to enforce under this section a claim against an asset of the company or protected series by attachment, levy, or the like.

(2) Subject to § 4-37-608(b) , "incurrence date" means the date on which a series limited liability company or protected series incurred the liability giving rise to a claim that a claimant seeks to enforce under this section.

(b) If a claim against a series limited liability company or a protected series of the company has been reduced to judgment, in addition to any other remedy provided by law or equity, the judgment may be enforced in accordance with the following rules: (1) A judgment against the company may be enforced against an asset of a protected series of the company if the asset: (A) was a non-associated asset of the protected series on the incurrence date; or (B) is a non-associated asset of the protected series on the enforcement date. (2) A judgment against a protected series may be enforced against an asset of the company if the asset: (A) was a non-associated asset of the company on the incurrence date; or (B) is a non-associated asset of the company on the enforcement date. (3) A judgment against a protected series may be enforced against an asset of another protected series of the company if the asset: (A) was a non-associated asset of the other protected series on the incurrence date; or (B) is a non-associated asset of the other protected series on the enforcement date.

(1) A judgment against the company may be enforced against an asset of a protected series of the company if the asset: (A) was a non-associated asset of the protected series on the incurrence date; or (B) is a non-associated asset of the protected series on the enforcement date.

(A) was a non-associated asset of the protected series on the incurrence date; or

(B) is a non-associated asset of the protected series on the enforcement date.

(2) A judgment against a protected series may be enforced against an asset of the company if the asset: (A) was a non-associated asset of the company on the incurrence date; or (B) is a non-associated asset of the company on the enforcement date.

(A) was a non-associated asset of the company on the incurrence date; or

(B) is a non-associated asset of the company on the enforcement date.

(3) A judgment against a protected series may be enforced against an asset of another protected series of the company if the asset: (A) was a non-associated asset of the other protected series on the incurrence date; or (B) is a non-associated asset of the other protected series on the enforcement date.

(A) was a non-associated asset of the other protected series on the incurrence date; or

(B) is a non-associated asset of the other protected series on the enforcement date.

(c) In addition to any other remedy provided by law or equity, if a claim against a series limited liability company or a protected series has not been reduced to a judgment and law other than this chapter permits a prejudgment remedy by attachment, levy, or the like, the court may apply subsection (b) as a prejudgment remedy.

(d) In a proceeding under this section, the party asserting that an asset is or was an associated asset of a series limited liability company or a protected series of the company has the burden of proof on the issue.

(e) This section applies to an asset of a foreign series limited liability company or foreign protected series if: (1) the asset is real or tangible property located in this state; (2) the claimant is a resident of this state or doing business or registered to do business in this state, or the claim under § 4-37-404 is to enforce a judgment, or to seek a prejudgment remedy, pertaining to a liability arising from law of this state other than this chapter or an act or omission in this state; and (3) the asset is not identified in the records of the foreign series limited liability company or foreign protected series in a manner comparable to the manner required by § 4-37-301 .

(1) the asset is real or tangible property located in this state;

(2) the claimant is a resident of this state or doing business or registered to do business in this state, or the claim under § 4-37-404 is to enforce a judgment, or to seek a prejudgment remedy, pertaining to a liability arising from law of this state other than this chapter or an act or omission in this state; and

(3) the asset is not identified in the records of the foreign series limited liability company or foreign protected series in a manner comparable to the manner required by § 4-37-301 .

Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 4-90-304 — AR Code / Title 4 / Chapter 90 / Subchapter 3 / Section 4-90-304
Required identification
Status: in_force

Any nonoriginal equipment manufacturer aftermarket crash part manufactured or supplied for use in this state on or after January 1, 1992, shall have affixed thereto or inscribed thereon the logo, identification number, or name of its manufacturer. The manufacturer's logo, identification number, or name shall be visible after installation whenever practicable. Acts 1991, No. 1209, § 2.

Any nonoriginal equipment manufacturer aftermarket crash part manufactured or supplied for use in this state on or after January 1, 1992, shall have affixed thereto or inscribed thereon the logo, identification number, or name of its manufacturer. The manufacturer's logo, identification number, or name shall be visible after installation whenever practicable.

Acts 1991, No. 1209, § 2.
Ark. Code Ann. § 4-19-102 — AR Code / Title 4 / Chapter 19 / Section 4-19-102
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Transmitting utility" means any corporation or other entity primarily engaged in the railroad or street railway business, the furnishing of telephone or telegraph service, the transmission of oil, gas, or petroleum products by pipeline, or the production, transmission, or distribution of electricity, steam, gas, or water. (2) "Uniform Commercial Code" means subtitle 1 of this title. Acts 1965, No. 375, § 2; A.S.A. 1947, § 73-2302.

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

(1) "Transmitting utility" means any corporation or other entity primarily engaged in the railroad or street railway business, the furnishing of telephone or telegraph service, the transmission of oil, gas, or petroleum products by pipeline, or the production, transmission, or distribution of electricity, steam, gas, or water.

(2) "Uniform Commercial Code" means subtitle 1 of this title.

Acts 1965, No. 375, § 2; A.S.A. 1947, § 73-2302.
Ark. Code Ann. § 4-35-208 — AR Code / Title 4 / Chapter 35 / Subchapter 2 / Section 4-35-208
Amendment to articles or bylaws
Status: in_force

(a) Subject to subdivision (c)(2) and subsection (d) of this section, a water authority may amend its articles or bylaws at any time by a majority of the members of the board of directors at any regular or special meeting at which a quorum is present. (b) Any amendment to the articles of a water authority shall be delivered to and filed with both the Arkansas Natural Resources Commission and the Secretary of State setting forth: (1) The name of the water authority; (2) The text of each amendment adopted; (3) The date of each amendment's adoption; and (4) A statement that the amendment was approved by a sufficient vote of the board. (c) (1) Any amendment to the bylaws shall be filed by the secretary of the water authority with the books and records of the water authority. (2) However, any change with respect to the number of directors or the procedure for electing or nominating directors shall first be approved in writing by the commission and, if approved, shall be filed with the commission. (d) The commission shall approve in writing any amendment to the articles or bylaws which changes the geographic service area over which the water authority has jurisdiction. Acts 2003, No. 1330, § 3.

(a) Subject to subdivision (c)(2) and subsection (d) of this section, a water authority may amend its articles or bylaws at any time by a majority of the members of the board of directors at any regular or special meeting at which a quorum is present.

(b) Any amendment to the articles of a water authority shall be delivered to and filed with both the Arkansas Natural Resources Commission and the Secretary of State setting forth: (1) The name of the water authority; (2) The text of each amendment adopted; (3) The date of each amendment's adoption; and (4) A statement that the amendment was approved by a sufficient vote of the board.

(1) The name of the water authority;

(2) The text of each amendment adopted;

(3) The date of each amendment's adoption; and

(4) A statement that the amendment was approved by a sufficient vote of the board.

(c) (1) Any amendment to the bylaws shall be filed by the secretary of the water authority with the books and records of the water authority. (2) However, any change with respect to the number of directors or the procedure for electing or nominating directors shall first be approved in writing by the commission and, if approved, shall be filed with the commission.

(1) Any amendment to the bylaws shall be filed by the secretary of the water authority with the books and records of the water authority.

(2) However, any change with respect to the number of directors or the procedure for electing or nominating directors shall first be approved in writing by the commission and, if approved, shall be filed with the commission.

(d) The commission shall approve in writing any amendment to the articles or bylaws which changes the geographic service area over which the water authority has jurisdiction.

Acts 2003, No. 1330, § 3.
Ark. Code Ann. § 4-90-511 — AR Code / Title 4 / Chapter 90 / Subchapter 5 / Section 4-90-511
Unfair trade practices
Status: in_force

Motor vehicle service contract providers and warrantors are subject to the Trade Practices Act, § 23-66-201 et seq., to the extent the Trade Practices Act, § 23-66-201 et seq., may be appropriately applied to motor vehicle service contract providers and warrantors given the nature of such contracts. Amended by Act 2017, No. 364,§ 8, eff. 8/1/2017. Acts 1993, No. 805, § 10.

Motor vehicle service contract providers and warrantors are subject to the Trade Practices Act, § 23-66-201 et seq., to the extent the Trade Practices Act, § 23-66-201 et seq., may be appropriately applied to motor vehicle service contract providers and warrantors given the nature of such contracts.

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

Acts 1993, No. 805, § 10.
Ark. Code Ann. § 4-28-410 — AR Code / Title 4 / Chapter 28 / Subchapter 4 / Section 4-28-410
Documents
Status: in_force

(a) All contracts, scripts, pamphlets, handouts, and other materials used by paid solicitors shall be in writing, and true and correct copies of all documents used in any promotion shall be kept on file in the offices of the paid solicitor and in the offices of the charitable organization on whose behalf the promotion is conducted for a period of five (5) years from the date the solicitation of contributions for the promotion commences. (b) The documents shall be available for inspection, examination, and copying by the Secretary of State and the Attorney General and other authorized agencies during usual and customary business hours. Amended by Act 2017, No. 727,§ 9, eff. 1/1/2018. Acts 1999, No. 1198, § 10.

(a) All contracts, scripts, pamphlets, handouts, and other materials used by paid solicitors shall be in writing, and true and correct copies of all documents used in any promotion shall be kept on file in the offices of the paid solicitor and in the offices of the charitable organization on whose behalf the promotion is conducted for a period of five (5) years from the date the solicitation of contributions for the promotion commences.

(b) The documents shall be available for inspection, examination, and copying by the Secretary of State and the Attorney General and other authorized agencies during usual and customary business hours.

Amended by Act 2017, No. 727,§ 9, eff. 1/1/2018.

Acts 1999, No. 1198, § 10.
Ark. Code Ann. § 4-27-1704 — AR Code / Title 4 / Chapter 27 / Subchapter 17 / Section 4-27-1704
Severability
Status: in_force

If any provision of this chapter or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. Acts 1987, No. 958, § 64-1704.

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

Acts 1987, No. 958, § 64-1704.
Ark. Code Ann. § 4-88-115 — AR Code / Title 4 / Chapter 88 / Subchapter 1 / Section 4-88-115
Statute of limitations
Status: in_force

Any civil action brought to enforce the provisions of this chapter may be brought in any court of competent jurisdiction in this state during a period of five (5) years commencing on the date of the occurrence of the violation or the date upon which the cause of action arises. Acts 1993, No. 910, § 2.

Any civil action brought to enforce the provisions of this chapter may be brought in any court of competent jurisdiction in this state during a period of five (5) years commencing on the date of the occurrence of the violation or the date upon which the cause of action arises.

Acts 1993, No. 910, § 2.
Ark. Code Ann. § 4-114-109 — AR Code / Title 4 / Chapter 114 / Section 4-114-109
Cancellation of reimbursement insurance policy
Status: in_force

(a) An insurer that issued a reimbursement insurance policy shall not terminate the policy until at least sixty (60) days' notice of termination has been mailed or delivered to the Insurance Commissioner and in accordance with any other applicable law. (b) The termination of a reimbursement insurance policy shall not reduce the insurer's responsibility for service contracts issued by providers prior to the date of the termination. Acts 2007, No. 656, § 1.

(a) An insurer that issued a reimbursement insurance policy shall not terminate the policy until at least sixty (60) days' notice of termination has been mailed or delivered to the Insurance Commissioner and in accordance with any other applicable law.

(b) The termination of a reimbursement insurance policy shall not reduce the insurer's responsibility for service contracts issued by providers prior to the date of the termination.

Acts 2007, No. 656, § 1.
Ark. Code Ann. § 4-90-302 — AR Code / Title 4 / Chapter 90 / Subchapter 3 / Section 4-90-302
Definitions
Status: in_force

As used in this subchapter: (1) "Aftermarket crash part" means a replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels; (2) "Installer" means an individual who performs the work of replacing or repairing parts of a motor vehicle; (3) "Insurer" means an insurance company and any person authorized to represent the insurer with respect to a claim and who is acting within the scope of the person's authority; (4) "Nonoriginal equipment manufacturer aftermarket crash part" means an aftermarket crash part made by any manufacturer other than the original vehicle manufacturer or his or her suppliers; and (5) "Repair facility" means a motor vehicle dealer, garage, body shop, or other commercial entity which undertakes the repair or replacement of those parts that generally constitute the exterior of a motor vehicle. Acts 1991, No. 1209, § 1.

As used in this subchapter:

(1) "Aftermarket crash part" means a replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels;

(2) "Installer" means an individual who performs the work of replacing or repairing parts of a motor vehicle;

(3) "Insurer" means an insurance company and any person authorized to represent the insurer with respect to a claim and who is acting within the scope of the person's authority;

(4) "Nonoriginal equipment manufacturer aftermarket crash part" means an aftermarket crash part made by any manufacturer other than the original vehicle manufacturer or his or her suppliers; and

(5) "Repair facility" means a motor vehicle dealer, garage, body shop, or other commercial entity which undertakes the repair or replacement of those parts that generally constitute the exterior of a motor vehicle.

Acts 1991, No. 1209, § 1.
Ark. Code Ann. § 4-88-401 — AR Code / Title 4 / Chapter 88 / Subchapter 4 / Section 4-88-401
Definitions
Status: in_force

As used in this subchapter: (1) "Person" means any individual, group, unincorporated association, limited or general partnership, limited liability corporation, corporation, professional fund raiser, charitable organization, or other business entity; (2) "Slamming" means submitting or executing a change in a subscriber's selection of a provider of telephone exchange service or telephone toll service except in accordance with the verification procedures as the Federal Communications Commission shall prescribe; and (3) "Subscriber" means a telecommunications service provider's retail business customer or a retail residential customer. Acts 1999, No. 1489, § 1.

As used in this subchapter:

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

(2) "Slamming" means submitting or executing a change in a subscriber's selection of a provider of telephone exchange service or telephone toll service except in accordance with the verification procedures as the Federal Communications Commission shall prescribe; and

(3) "Subscriber" means a telecommunications service provider's retail business customer or a retail residential customer.

Acts 1999, No. 1489, § 1.
Ark. Code Ann. § 4-27-1109 — AR Code / Title 4 / Chapter 27 / Subchapter 11 / Section 4-27-1109
Filings required for merger - Effective date
Status: in_force

(a) After each constituent organization has approved a merger, articles of merger must be signed by an authorized representative of each constituent organization. (b) The articles of merger shall include: (1) The name and form of each constituent organization and the jurisdiction of its governing statute; (2) The name and form of the surviving organization and the jurisdiction of its governing statute; (3) The date the merger is effective under the governing statute of the surviving organization; (4) Any amendments provided for in the plan of merger for the organizational document of the surviving organization; (5) A statement as to each constituent organization that the merger was approved as required by the organization's governing statute; (6) A statement confirming that the surviving organization has filed a statement appointing an agent for service of process under § 4-20-112 if the surviving organization is a foreign organization not authorized to transact business in this state; (7) (A) A copy of the plan of merger; or (B) A statement that: (i) Contains the address of an office of the surviving organization where the plan of merger is on file; and (ii) A copy of the plan of merger will be furnished by the surviving organization on request and without cost to any shareholder, member, partner, or other owner of any constituent organization; and (8) Any additional information required by the governing statute of any constituent organization. (c) Each constituent organization shall deliver the articles of merger for filing in the office of the Secretary of State. (d) A merger becomes effective under this subchapter: (1) If the surviving organization is a corporation, upon the later of: (A) Compliance with subsection (c) of this section; or (B) The date specified in the articles of merger; or (2) If the surviving organization is not a corporation, as provided by the governing statute of the surviving organization. Acts 2009, No. 408, § 2.

(a) After each constituent organization has approved a merger, articles of merger must be signed by an authorized representative of each constituent organization.

(b) The articles of merger shall include: (1) The name and form of each constituent organization and the jurisdiction of its governing statute; (2) The name and form of the surviving organization and the jurisdiction of its governing statute; (3) The date the merger is effective under the governing statute of the surviving organization; (4) Any amendments provided for in the plan of merger for the organizational document of the surviving organization; (5) A statement as to each constituent organization that the merger was approved as required by the organization's governing statute; (6) A statement confirming that the surviving organization has filed a statement appointing an agent for service of process under § 4-20-112 if the surviving organization is a foreign organization not authorized to transact business in this state; (7) (A) A copy of the plan of merger; or (B) A statement that: (i) Contains the address of an office of the surviving organization where the plan of merger is on file; and (ii) A copy of the plan of merger will be furnished by the surviving organization on request and without cost to any shareholder, member, partner, or other owner of any constituent organization; and (8) Any additional information required by the governing statute of any constituent organization.

(1) The name and form of each constituent organization and the jurisdiction of its governing statute;

(2) The name and form of the surviving organization and the jurisdiction of its governing statute;

(3) The date the merger is effective under the governing statute of the surviving organization;

(4) Any amendments provided for in the plan of merger for the organizational document of the surviving organization;

(5) A statement as to each constituent organization that the merger was approved as required by the organization's governing statute;

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

(7) (A) A copy of the plan of merger; or (B) A statement that: (i) Contains the address of an office of the surviving organization where the plan of merger is on file; and (ii) A copy of the plan of merger will be furnished by the surviving organization on request and without cost to any shareholder, member, partner, or other owner of any constituent organization; and

(A) A copy of the plan of merger; or

(B) A statement that: (i) Contains the address of an office of the surviving organization where the plan of merger is on file; and (ii) A copy of the plan of merger will be furnished by the surviving organization on request and without cost to any shareholder, member, partner, or other owner of any constituent organization; and

(i) Contains the address of an office of the surviving organization where the plan of merger is on file; and

(ii) A copy of the plan of merger will be furnished by the surviving organization on request and without cost to any shareholder, member, partner, or other owner of any constituent organization; and

(8) Any additional information required by the governing statute of any constituent organization.

(c) Each constituent organization shall deliver the articles of merger for filing in the office of the Secretary of State.

(d) A merger becomes effective under this subchapter: (1) If the surviving organization is a corporation, upon the later of: (A) Compliance with subsection (c) of this section; or (B) The date specified in the articles of merger; or (2) If the surviving organization is not a corporation, as provided by the governing statute of the surviving organization.

(1) If the surviving organization is a corporation, upon the later of: (A) Compliance with subsection (c) of this section; or (B) The date specified in the articles of merger; or

(A) Compliance with subsection (c) of this section; or

(B) The date specified in the articles of merger; or

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

Acts 2009, No. 408, § 2.
Ark. Code Ann. § 4-47-402 — AR Code / Title 4 / Chapter 47 / Subchapter 4 / Section 4-47-402
General partner agent of limited partnership
Status: in_force

(a) Each general partner is an agent of the limited partnership for the purposes of its activities. An act of a general partner, including the signing of a record in the partnership's name, for apparently carrying on in the ordinary course the limited partnership's activities or activities of the kind carried on by the limited partnership binds the limited partnership, unless the general partner did not have authority to act for the limited partnership in the particular matter and the person with which the general partner was dealing knew, had received a notification, or had notice under § 4-47-103(d) that the general partner lacked authority. (b) An act of a general partner which is not apparently for carrying on in the ordinary course the limited partnership's activities or activities of the kind carried on by the limited partnership binds the limited partnership only if the act was actually authorized by all the other partners. Acts 2007, No. 15, § 1.

(a) Each general partner is an agent of the limited partnership for the purposes of its activities. An act of a general partner, including the signing of a record in the partnership's name, for apparently carrying on in the ordinary course the limited partnership's activities or activities of the kind carried on by the limited partnership binds the limited partnership, unless the general partner did not have authority to act for the limited partnership in the particular matter and the person with which the general partner was dealing knew, had received a notification, or had notice under § 4-47-103(d) that the general partner lacked authority.

(b) An act of a general partner which is not apparently for carrying on in the ordinary course the limited partnership's activities or activities of the kind carried on by the limited partnership binds the limited partnership only if the act was actually authorized by all the other partners.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-27-1907 — AR Code / Title 4 / Chapter 27 / Subchapter 19 / Section 4-27-1907
Rules
Status: in_force

The Secretary of State shall adopt rules to implement and administer this subchapter. Added by Act 2015, No. 1190,§ 2, eff. 7/22/2015.

The Secretary of State shall adopt rules to implement and administer this subchapter.

Added by Act 2015, No. 1190,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 4-35-302 — AR Code / Title 4 / Chapter 35 / Subchapter 3 / Section 4-35-302
Execution of bonds
Status: in_force

(a) Bonds shall be executed by the manual or facsimile signature of the president of the water authority and by the manual or facsimile signature of the secretary of the water authority. (b) In case an officer whose signature appears on the bonds shall cease to be an officer before the delivery of the bonds, his or her signature shall nevertheless be valid and sufficient for all purposes. (c) If there is a seal, the bonds shall be sealed with the seal of the water authority. Acts 2003, No. 1330, § 3.

(a) Bonds shall be executed by the manual or facsimile signature of the president of the water authority and by the manual or facsimile signature of the secretary of the water authority.

(b) In case an officer whose signature appears on the bonds shall cease to be an officer before the delivery of the bonds, his or her signature shall nevertheless be valid and sufficient for all purposes.

(c) If there is a seal, the bonds shall be sealed with the seal of the water authority.

Acts 2003, No. 1330, § 3.
Ark. Code Ann. § 4-75-410 — AR Code / Title 4 / Chapter 75 / Subchapter 4 / Section 4-75-410
Exclusive financing agreements - Threats presumed made at direction of manufacturer or distributor
Status: in_force

Any threat, expressed or implied, made to any person engaged in the business of selling motor vehicles at retail in this state by any person, or any agent of any such person, who is engaged in the business of financing the purchase or sale of motor vehicles or of buying conditional sales contracts, chattel mortgages, or leases on motor vehicles in this state and is affiliated with or controlled by any person engaged, directly or indirectly, in the manufacture or distribution of motor vehicles, that the person so engaged in such manufacture or distribution shall terminate his or her contract with or cease to sell motor vehicles to such person engaged in the sale of motor vehicles at retail in this state unless such person finances the purchase or sale of any one (1) or number of motor vehicles only with or through a designated person or class of persons or sells and assigns the conditional sales contracts, chattel mortgages, or leases arising from his or her retail sale of motor vehicles or any one (1) or any number thereof only to such person so engaged in financing the purchase or sale of motor vehicles or in buying conditional sales contracts, chattel mortgages, or leases on motor vehicles shall be presumed to be made at the direction of and with the authority of the person so engaged in the manufacture or distribution of motor vehicles, and shall be prima facie evidence of the fact that the person so engaged in the manufacture or distribution of motor vehicles has sold or intends to sell them on the condition or with the agreement or understanding prohibited in § 4-75-408 . Acts 1937, No. 205, § 3; Pope's Dig., § 9421; A.S.A. 1947, § 70-132.

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

Acts 1937, No. 205, § 3; Pope's Dig., § 9421; A.S.A. 1947, § 70-132.
Ark. Code Ann. § 4-99-101 — AR Code / Title 4 / Chapter 99 / Subchapter 1 / Section 4-99-101
Legislative finding, declaration, and intent
Status: in_force

(a) The General Assembly recognizes that the widespread use of telephone solicitors to initiate sales of goods, real property, and investment opportunities has created numerous problems for purchasers and investors which are inimical to good business practices. Telephonic sales have a significant impact upon the economy and well-being of this state and its local communities. However, purchasers have suffered substantial losses because of misrepresentations, lack of full and complete information regarding both the telephonic seller and the goods and investments the telephonic seller is offering, and failure of delivery. The provisions of this chapter relating to telephonic sellers are necessary for the public welfare. (b) It is the intent of the legislature in enacting this chapter to: (1) Provide each prospective telephonic sales purchaser with information necessary to make an intelligent decision regarding the offer made; (2) Safeguard the public against deceit and financial hardship; (3) Ensure, foster, and encourage competition and fair dealings among telephonic sellers by requiring adequate disclosure; and (4) Prohibit representations that tend to mislead. Acts 1993, No. 137, § 1.

(a) The General Assembly recognizes that the widespread use of telephone solicitors to initiate sales of goods, real property, and investment opportunities has created numerous problems for purchasers and investors which are inimical to good business practices. Telephonic sales have a significant impact upon the economy and well-being of this state and its local communities. However, purchasers have suffered substantial losses because of misrepresentations, lack of full and complete information regarding both the telephonic seller and the goods and investments the telephonic seller is offering, and failure of delivery. The provisions of this chapter relating to telephonic sellers are necessary for the public welfare.

(b) It is the intent of the legislature in enacting this chapter to: (1) Provide each prospective telephonic sales purchaser with information necessary to make an intelligent decision regarding the offer made; (2) Safeguard the public against deceit and financial hardship; (3) Ensure, foster, and encourage competition and fair dealings among telephonic sellers by requiring adequate disclosure; and (4) Prohibit representations that tend to mislead.

(1) Provide each prospective telephonic sales purchaser with information necessary to make an intelligent decision regarding the offer made;

(2) Safeguard the public against deceit and financial hardship;

(3) Ensure, foster, and encourage competition and fair dealings among telephonic sellers by requiring adequate disclosure; and

(4) Prohibit representations that tend to mislead.

Acts 1993, No. 137, § 1.
Ark. Code Ann. § 4-36-104 — AR Code / Title 4 / Chapter 36 / Subchapter 1 / Section 4-36-104
Formation - Fees
Status: in_force

(a) A benefit corporation shall be formed under the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq., and its articles of incorporation shall state that it is a benefit corporation. (b) The Secretary of State shall collect filing fees, service fees, and fees for copying when documents are delivered to him or her to be filed under this subchapter and under § 4-27-122 . Added by Act 2013, No. 1388,§ 1, eff. 8/16/2013.

(a) A benefit corporation shall be formed under the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq., and its articles of incorporation shall state that it is a benefit corporation.

(b) The Secretary of State shall collect filing fees, service fees, and fees for copying when documents are delivered to him or her to be filed under this subchapter and under § 4-27-122 .

Added by Act 2013, No. 1388,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 4-26-608 — AR Code / Title 4 / Chapter 26 / Subchapter 6 / Section 4-26-608
Signed certificates representing shares
Status: in_force

(a) (1) The shares of a corporation shall be represented by certificates signed by the president or a vice president and the secretary or an assistant secretary of the corporation and, if the corporation has adopted a seal, may be sealed with the seal of the corporation or a facsimile thereof. (2) The signatures of the president or vice president and the secretary or assistant secretary upon a certificate may be facsimiles if the certificate is countersigned by a transfer agent, or registered by a registrar, other than the corporation itself or an employee of the corporation. (3) In case any officer who has signed or whose facsimile signature has been placed upon such certificate shall have ceased to be that officer before such certificate is issued, it may be issued by the corporation with the same effect as if he or she were such officer at the date of its issue. (b) Each certificate representing shares issued by a corporation which is authorized to issue shares of more than one (1) class shall set forth upon the face or back of the certificate, or shall state, that the corporation will furnish to any shareholder upon request and without charge a full statement of the designations, relative rights, preferences, and limitations of the shares of each class authorized to be issued; and if the corporation is authorized to issue any class of preferred shares in series, the designations, relative rights, preferences, and limitations of each such series so far as they have been fixed; and the authority of the board to designate and fix the relative rights, preferences, and limitations of other series. (c) Each certificate representing shares shall state upon the face thereof: (1) That the corporation is organized under the laws of this state; (2) The name of the person to whom issued; (3) The number and class of shares and the designation of the series, if any, which that certificate represents; (4) The par value of each share represented by that certificate or a statement that the shares are without par value. (d) No certificate shall be issued for any share until the consideration therefor, fixed as provided by law, has been fully paid. Acts 1965, No. 576, § 23; A.S.A. 1947, § 64-208.

(a) (1) The shares of a corporation shall be represented by certificates signed by the president or a vice president and the secretary or an assistant secretary of the corporation and, if the corporation has adopted a seal, may be sealed with the seal of the corporation or a facsimile thereof. (2) The signatures of the president or vice president and the secretary or assistant secretary upon a certificate may be facsimiles if the certificate is countersigned by a transfer agent, or registered by a registrar, other than the corporation itself or an employee of the corporation. (3) In case any officer who has signed or whose facsimile signature has been placed upon such certificate shall have ceased to be that officer before such certificate is issued, it may be issued by the corporation with the same effect as if he or she were such officer at the date of its issue.

(1) The shares of a corporation shall be represented by certificates signed by the president or a vice president and the secretary or an assistant secretary of the corporation and, if the corporation has adopted a seal, may be sealed with the seal of the corporation or a facsimile thereof.

(2) The signatures of the president or vice president and the secretary or assistant secretary upon a certificate may be facsimiles if the certificate is countersigned by a transfer agent, or registered by a registrar, other than the corporation itself or an employee of the corporation.

(3) In case any officer who has signed or whose facsimile signature has been placed upon such certificate shall have ceased to be that officer before such certificate is issued, it may be issued by the corporation with the same effect as if he or she were such officer at the date of its issue.

(b) Each certificate representing shares issued by a corporation which is authorized to issue shares of more than one (1) class shall set forth upon the face or back of the certificate, or shall state, that the corporation will furnish to any shareholder upon request and without charge a full statement of the designations, relative rights, preferences, and limitations of the shares of each class authorized to be issued; and if the corporation is authorized to issue any class of preferred shares in series, the designations, relative rights, preferences, and limitations of each such series so far as they have been fixed; and the authority of the board to designate and fix the relative rights, preferences, and limitations of other series.

(c) Each certificate representing shares shall state upon the face thereof: (1) That the corporation is organized under the laws of this state; (2) The name of the person to whom issued; (3) The number and class of shares and the designation of the series, if any, which that certificate represents; (4) The par value of each share represented by that certificate or a statement that the shares are without par value.

(1) That the corporation is organized under the laws of this state;

(2) The name of the person to whom issued;

(3) The number and class of shares and the designation of the series, if any, which that certificate represents;

(4) The par value of each share represented by that certificate or a statement that the shares are without par value.

(d) No certificate shall be issued for any share until the consideration therefor, fixed as provided by law, has been fully paid.

Acts 1965, No. 576, § 23; A.S.A. 1947, § 64-208.
Ark. Code Ann. § 4-46-1102 — AR Code / Title 4 / Chapter 46 / Subchapter 11 / Section 4-46-1102
Statement of foreign qualification
Status: in_force

(a) Before transacting business in this State, a foreign limited liability partnership must file a statement of foreign qualification. The statement must contain: (1) the name of the foreign limited liability partnership which satisfies the requirements of the State or other jurisdiction under whose laws it is formed and ends with "Registered Limited Liability Partnership", "Limited Liability Partnership", "R.L.L.P.", "L.L.P.", "RLLP", or "LLP"; (2) the street address of the partnership's chief executive office; (3) the information required by § 4-20-105(a) ; and (4) a deferred effective date, if any. (b) [Reserved.] (c) The status of a partnership as a foreign limited liability partnership is effective on the later of the filing of the statement of foreign qualification or a date specified in the statement. The status remains effective, regardless of changes in the partnership, until it is canceled pursuant to § 4-46-105(d) or revoked pursuant to § 4-46-1003 . (d) An amendment or cancellation of a statement of foreign qualification is effective when it is filed or on a deferred effective date specified in the amendment or cancellation. Acts 1999, No. 1518, § 1102; 2007, No. 638, § 55.

(a) Before transacting business in this State, a foreign limited liability partnership must file a statement of foreign qualification. The statement must contain: (1) the name of the foreign limited liability partnership which satisfies the requirements of the State or other jurisdiction under whose laws it is formed and ends with "Registered Limited Liability Partnership", "Limited Liability Partnership", "R.L.L.P.", "L.L.P.", "RLLP", or "LLP"; (2) the street address of the partnership's chief executive office; (3) the information required by § 4-20-105(a) ; and (4) a deferred effective date, if any.

(1) the name of the foreign limited liability partnership which satisfies the requirements of the State or other jurisdiction under whose laws it is formed and ends with "Registered Limited Liability Partnership", "Limited Liability Partnership", "R.L.L.P.", "L.L.P.", "RLLP", or "LLP";

(2) the street address of the partnership's chief executive office;

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

(4) a deferred effective date, if any.

(b) [Reserved.]

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

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

Acts 1999, No. 1518, § 1102; 2007, No. 638, § 55.
Ark. Code Ann. § 4-58-104 — AR Code / Title 4 / Chapter 58 / Section 4-58-104
Date of assignment
Status: in_force

(a) All assignments of any instruments of writing shall bear the date upon which the assignment was made. (b) All blank assignments shall be taken to have been made on the day most to the advantage of the defendant. Rev. Stat., ch. 11, §§ 6, 7; C. & M. Dig., §§ 481, 482; Pope's Dig., §§ 518, 519; A.S.A. 1947, §§ 68-808, 68-809.

(a) All assignments of any instruments of writing shall bear the date upon which the assignment was made.

(b) All blank assignments shall be taken to have been made on the day most to the advantage of the defendant.

Rev. Stat., ch. 11, §§ 6, 7; C. & M. Dig., §§ 481, 482; Pope's Dig., §§ 518, 519; A.S.A. 1947, §§ 68-808, 68-809.
Ark. Code Ann. § 4-90-207 — AR Code / Title 4 / Chapter 90 / Subchapter 2 / Section 4-90-207
Civil actions by private persons
Status: in_force

(a) (1) A person who violates this subchapter or a rule prescribed under this subchapter with intent to defraud is liable for three (3) times the actual damages or one thousand five hundred dollars ($1,500), whichever is greater. (2) (A) A person may bring a civil action to enforce a claim under this subsection in an appropriate court of competent jurisdiction. (B) The action must be brought not later than five (5) years after the claim accrues. (C) The court shall award costs and a reasonable attorney's fee to the person when a judgment is entered for that person. (b) Nothing in this subchapter, however, shall in any way limit any other statutory or common law rights, causes of actions, or remedies which are otherwise available to a person, including, but not limited to, actions for: (1) Breach of warranty; (2) Fraud; (3) Negligent misrepresentation; (4) Intentional misrepresentation; (5) Deceptive trade practices actions; (6) Rescission; or (7) Revocation of acceptance. Amended by Act 2019, No. 315,§ 136, eff. 7/24/2019. Acts 1995, No. 795, §§ 7, 8.

(a) (1) A person who violates this subchapter or a rule prescribed under this subchapter with intent to defraud is liable for three (3) times the actual damages or one thousand five hundred dollars ($1,500), whichever is greater. (2) (A) A person may bring a civil action to enforce a claim under this subsection in an appropriate court of competent jurisdiction. (B) The action must be brought not later than five (5) years after the claim accrues. (C) The court shall award costs and a reasonable attorney's fee to the person when a judgment is entered for that person.

(1) A person who violates this subchapter or a rule prescribed under this subchapter with intent to defraud is liable for three (3) times the actual damages or one thousand five hundred dollars ($1,500), whichever is greater.

(2) (A) A person may bring a civil action to enforce a claim under this subsection in an appropriate court of competent jurisdiction. (B) The action must be brought not later than five (5) years after the claim accrues. (C) The court shall award costs and a reasonable attorney's fee to the person when a judgment is entered for that person.

(A) A person may bring a civil action to enforce a claim under this subsection in an appropriate court of competent jurisdiction.

(B) The action must be brought not later than five (5) years after the claim accrues.

(C) The court shall award costs and a reasonable attorney's fee to the person when a judgment is entered for that person.

(b) Nothing in this subchapter, however, shall in any way limit any other statutory or common law rights, causes of actions, or remedies which are otherwise available to a person, including, but not limited to, actions for: (1) Breach of warranty; (2) Fraud; (3) Negligent misrepresentation; (4) Intentional misrepresentation; (5) Deceptive trade practices actions; (6) Rescission; or (7) Revocation of acceptance.

(1) Breach of warranty;

(2) Fraud;

(3) Negligent misrepresentation;

(4) Intentional misrepresentation;

(5) Deceptive trade practices actions;

(6) Rescission; or

(7) Revocation of acceptance.

Amended by Act 2019, No. 315,§ 136, eff. 7/24/2019.

Acts 1995, No. 795, §§ 7, 8.
Ark. Code Ann. § 4-72-305 — AR Code / Title 4 / Chapter 72 / Subchapter 3 / Section 4-72-305
Retailer's option on merchandise at termination of franchise
Status: in_force

Whenever any retailer enters into a franchise agreement, evidenced by a written contract with a wholesaler, manufacturer, or distributor wherein the retailer agrees to maintain an inventory, and the contract is terminated, then the wholesaler, manufacturer, or distributor shall repurchase the inventory as provided in this subchapter. The retailer may keep the inventory if he or she desires. If the retailer has any outstanding debts to the wholesaler, manufacturer, or distributor, then the repurchase amount may be credited to the retailer's account. Acts 1979, No. 810, § 2; A.S.A. 1947, § 70-820.

Whenever any retailer enters into a franchise agreement, evidenced by a written contract with a wholesaler, manufacturer, or distributor wherein the retailer agrees to maintain an inventory, and the contract is terminated, then the wholesaler, manufacturer, or distributor shall repurchase the inventory as provided in this subchapter. The retailer may keep the inventory if he or she desires. If the retailer has any outstanding debts to the wholesaler, manufacturer, or distributor, then the repurchase amount may be credited to the retailer's account.

Acts 1979, No. 810, § 2; A.S.A. 1947, § 70-820.
Ark. Code Ann. § 4-72-307 — AR Code / Title 4 / Chapter 72 / Subchapter 3 / Section 4-72-307
Inventory not required to be repurchased
Status: in_force

The provisions of this subchapter shall not require the repurchase from a retailer of: (1) Any repair part which has a limited storage life or is otherwise subject to deterioration, such as rubber items, gaskets, or batteries; (2) Any repair part which is in a broken or damaged package; (3) Any single repair part which is priced as a set of two (2) or more items; (4) Any repair part which because of its condition is not resalable as a new part without repackaging or reconditioning; (5) Any inventory for which the retailer is unable to furnish satisfactory evidence to the wholesaler, manufacturer, or distributor of clear title, free and clear of all claims, liens, and encumbrances; (6) Any inventory which the retailer desires to keep, provided the retailer has a contractual right to do so; (7) Any farm implements, machinery, utility and industrial equipment, lawn and garden outdoor powered machinery and equipment, and attachments which are not current models or which are not in new, unused, undamaged, complete condition; (8) Any repair parts which are not in new, unused, undamaged condition; (9) Any farm implements, machinery, utility and industrial equipment, lawn and garden outdoor powered machinery and equipment, or attachments which were purchased twenty-four (24) months or more prior to notice of termination of the contract; (10) Any inventory which was ordered by the retailer on or after the date of notification of termination of the contract; or (11) Any inventory which was acquired by the retailer from any source other than the wholesaler, manufacturer, or distributor. Acts 1979, No. 810, § 5; A.S.A. 1947, § 70-823; Acts 1991, No. 996, § 2.

The provisions of this subchapter shall not require the repurchase from a retailer of:

(1) Any repair part which has a limited storage life or is otherwise subject to deterioration, such as rubber items, gaskets, or batteries;

(2) Any repair part which is in a broken or damaged package;

(3) Any single repair part which is priced as a set of two (2) or more items;

(4) Any repair part which because of its condition is not resalable as a new part without repackaging or reconditioning;

(5) Any inventory for which the retailer is unable to furnish satisfactory evidence to the wholesaler, manufacturer, or distributor of clear title, free and clear of all claims, liens, and encumbrances;

(6) Any inventory which the retailer desires to keep, provided the retailer has a contractual right to do so;

(7) Any farm implements, machinery, utility and industrial equipment, lawn and garden outdoor powered machinery and equipment, and attachments which are not current models or which are not in new, unused, undamaged, complete condition;

(8) Any repair parts which are not in new, unused, undamaged condition;

(9) Any farm implements, machinery, utility and industrial equipment, lawn and garden outdoor powered machinery and equipment, or attachments which were purchased twenty-four (24) months or more prior to notice of termination of the contract;

(10) Any inventory which was ordered by the retailer on or after the date of notification of termination of the contract; or

(11) Any inventory which was acquired by the retailer from any source other than the wholesaler, manufacturer, or distributor.

Acts 1979, No. 810, § 5; A.S.A. 1947, § 70-823; Acts 1991, No. 996, § 2.
Ark. Code Ann. § 4-75-1401 — AR Code / Title 4 / Chapter 75 / Subchapter 14 / Section 4-75-1401
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Fair Food Delivery Act". Added by Act 2021, No. 969,§ 1, eff. 1/1/2022.

This subchapter shall be known and may be cited as the "Arkansas Fair Food Delivery Act".

Added by Act 2021, No. 969,§ 1, eff. 1/1/2022.
Ark. Code Ann. § 4-103-204 — AR Code / Title 4 / Chapter 103 / Subchapter 2 / Section 4-103-204
Enforcement of subchapter
Status: in_force

(a) (1) Any violation of the provisions of this subchapter 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 subchapter. (b) The prosecuting attorneys of the various districts and counties of this state shall also have full authority to enforce the provisions of this subchapter. Acts 1997, No. 172, § 4.

(a) (1) Any violation of the provisions of this subchapter 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 subchapter.

(1) Any violation of the provisions of this subchapter 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 subchapter.

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

Acts 1997, No. 172, § 4.
Ark. Code Ann. § 4-46-603 — AR Code / Title 4 / Chapter 46 / Subchapter 6 / Section 4-46-603
Effect of partner's dissociation
Status: in_force

(a) If a partner's dissociation results in a dissolution and winding up of the partnership business, § 4-46-801 et seq. applies; otherwise, § 4-46-701 et seq. applies. (b) Upon a partner's dissociation: (1) the partner's right to participate in the management and conduct of the partnership business terminates, except as otherwise provided in § 4-46-803 ; (2) the partner's duty of loyalty under § 4-46-404(b)(3) terminates; and (3) the partner's duty of loyalty under § 4-46-404(b)(1) and (2) and duty of care under § 4-46-404(c) continue only with regard to matters arising and events occurring before the partner's dissociation, unless the partner participates in winding up the partnership's business pursuant to § 4-46-803 . Acts 1999, No. 1518, § 603.

(a) If a partner's dissociation results in a dissolution and winding up of the partnership business, § 4-46-801 et seq. applies; otherwise, § 4-46-701 et seq. applies.

(b) Upon a partner's dissociation: (1) the partner's right to participate in the management and conduct of the partnership business terminates, except as otherwise provided in § 4-46-803 ; (2) the partner's duty of loyalty under § 4-46-404(b)(3) terminates; and (3) the partner's duty of loyalty under § 4-46-404(b)(1) and (2) and duty of care under § 4-46-404(c) continue only with regard to matters arising and events occurring before the partner's dissociation, unless the partner participates in winding up the partnership's business pursuant to § 4-46-803 .

(1) the partner's right to participate in the management and conduct of the partnership business terminates, except as otherwise provided in § 4-46-803 ;

(2) the partner's duty of loyalty under § 4-46-404(b)(3) terminates; and

(3) the partner's duty of loyalty under § 4-46-404(b)(1) and (2) and duty of care under § 4-46-404(c) continue only with regard to matters arising and events occurring before the partner's dissociation, unless the partner participates in winding up the partnership's business pursuant to § 4-46-803 .

Acts 1999, No. 1518, § 603.
Ark. Code Ann. § 4-47-804 — AR Code / Title 4 / Chapter 47 / Subchapter 8 / Section 4-47-804
Power of general partner and person dissociated as general partner to bind partnership after dissolution
Status: in_force

(a) A limited partnership is bound by a general partner's act after dissolution which: (1) is appropriate for winding up the limited partnership's activities; or (2) would have bound the limited partnership under § 4-47-402 before dissolution, if, at the time the other party enters into the transaction, the other party does not have notice of the dissolution. (b) A person dissociated as a general partner binds a limited partnership through an act occurring after dissolution if: (1) at the time the other party enters into the transaction: (A) less than two years has passed since the dissociation; and (B) the other party does not have notice of the dissociation and reasonably believes that the person is a general partner; and (2) the act: (A) is appropriate for winding up the limited partnership's activities; or (B) would have bound the limited partnership under § 4-47-402 before dissolution and at the time the other party enters into the transaction the other party does not have notice of the dissolution. Acts 2007, No. 15, § 1.

(a) A limited partnership is bound by a general partner's act after dissolution which: (1) is appropriate for winding up the limited partnership's activities; or (2) would have bound the limited partnership under § 4-47-402 before dissolution, if, at the time the other party enters into the transaction, the other party does not have notice of the dissolution.

(1) is appropriate for winding up the limited partnership's activities; or

(2) would have bound the limited partnership under § 4-47-402 before dissolution, if, at the time the other party enters into the transaction, the other party does not have notice of the dissolution.

(b) A person dissociated as a general partner binds a limited partnership through an act occurring after dissolution if: (1) at the time the other party enters into the transaction: (A) less than two years has passed since the dissociation; and (B) the other party does not have notice of the dissociation and reasonably believes that the person is a general partner; and (2) the act: (A) is appropriate for winding up the limited partnership's activities; or (B) would have bound the limited partnership under § 4-47-402 before dissolution and at the time the other party enters into the transaction the other party does not have notice of the dissolution.

(1) at the time the other party enters into the transaction: (A) less than two years has passed since the dissociation; and (B) the other party does not have notice of the dissociation and reasonably believes that the person is a general partner; and

(A) less than two years has passed since the dissociation; and

(B) the other party does not have notice of the dissociation and reasonably believes that the person is a general partner; and

(2) the act: (A) is appropriate for winding up the limited partnership's activities; or (B) would have bound the limited partnership under § 4-47-402 before dissolution and at the time the other party enters into the transaction the other party does not have notice of the dissolution.

(A) is appropriate for winding up the limited partnership's activities; or

(B) would have bound the limited partnership under § 4-47-402 before dissolution and at the time the other party enters into the transaction the other party does not have notice of the dissolution.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-33-1104 — AR Code / Title 4 / Chapter 33 / Subchapter 11 / Section 4-33-1104
Articles of merger
Status: in_force

After a plan of merger is approved by the board of directors, and if required by § 4-33-1103 , by the members and any other persons, the surviving or acquiring corporation shall deliver to the Secretary of State articles of merger setting forth: (1) the plan of merger; (2) if approval of members was not required, a statement to that effect and a statement that the plan was approved by a sufficient vote of the board of directors; (3) if approval by members was required: (i) the designation, number of memberships outstanding, number of votes entitled to be cast by each class entitled to vote separately on the plan, and number of votes of each class indisputably voting on the plan; and (ii) either the total number of votes cast for and against the plan by each class entitled to vote separately on the plan or the total number of undisputed votes cast for the plan by each class and a statement that the number cast for the plan by each class was sufficient for approval by that class; (4) if approval of the plan by some person or persons other than the members or the board is required pursuant to § 4-33-1103(a)(3) , a statement that the approval was obtained. Acts 1993, No. 1147, § 1104.

After a plan of merger is approved by the board of directors, and if required by § 4-33-1103 , by the members and any other persons, the surviving or acquiring corporation shall deliver to the Secretary of State articles of merger setting forth:

(1) the plan of merger;

(2) if approval of members was not required, a statement to that effect and a statement that the plan was approved by a sufficient vote of the board of directors;

(3) if approval by members was required: (i) the designation, number of memberships outstanding, number of votes entitled to be cast by each class entitled to vote separately on the plan, and number of votes of each class indisputably voting on the plan; and (ii) either the total number of votes cast for and against the plan by each class entitled to vote separately on the plan or the total number of undisputed votes cast for the plan by each class and a statement that the number cast for the plan by each class was sufficient for approval by that class;

(i) the designation, number of memberships outstanding, number of votes entitled to be cast by each class entitled to vote separately on the plan, and number of votes of each class indisputably voting on the plan; and

(ii) either the total number of votes cast for and against the plan by each class entitled to vote separately on the plan or the total number of undisputed votes cast for the plan by each class and a statement that the number cast for the plan by each class was sufficient for approval by that class;

(4) if approval of the plan by some person or persons other than the members or the board is required pursuant to § 4-33-1103(a)(3) , a statement that the approval was obtained.

Acts 1993, No. 1147, § 1104.
Ark. Code Ann. § 4-31-403 — AR Code / Title 4 / Chapter 31 / Subchapter 4 / Section 4-31-403
Applicability of law
Status: in_force

(a) Any foreign business trust shall be subject to such applicable provisions of law from time to time in effect with respect to foreign corporations doing business in Arkansas. (b) These shall include, without limitation, applicable provisions of law as relate to the issuance of securities, filing the required statements or reports, service of process, general grants of power to act, withdrawal, right to sue and be sued, limitation of individual liability of shareholders, and rights to acquire, mortgage, sell, lease, operate, and otherwise deal in or with real and personal property. Acts 1999, No. 1366, § 3.

(a) Any foreign business trust shall be subject to such applicable provisions of law from time to time in effect with respect to foreign corporations doing business in Arkansas.

(b) These shall include, without limitation, applicable provisions of law as relate to the issuance of securities, filing the required statements or reports, service of process, general grants of power to act, withdrawal, right to sue and be sued, limitation of individual liability of shareholders, and rights to acquire, mortgage, sell, lease, operate, and otherwise deal in or with real and personal property.

Acts 1999, No. 1366, § 3.
Ark. Code Ann. § 4-91-109 — AR Code / Title 4 / Chapter 91 / Subchapter 1 / Section 4-91-109
[Repealed]
Status: repealed

Repealed by Act 2017, No. 944,§ 10, eff. 8/1/2017. Acts 1987, No. 321, § 7.

Repealed by Act 2017, No. 944,§ 10, eff. 8/1/2017.

Acts 1987, No. 321, § 7.
Ark. Code Ann. § 4-90-801 — AR Code / Title 4 / Chapter 90 / Subchapter 8 / Section 4-90-801
Legislative intent - Purpose - Scope
Status: in_force

(a) The General Assembly finds that guaranteed asset protection waivers are not insurance. (b) It is the intent of the General Assembly that all guaranteed asset protection waivers issued in this state, before or after the enactment of this subchapter, are not to be considered insurance. (c) The purpose of this subchapter is to provide a framework within which guaranteed asset protection waivers are defined and may be offered within this state. (d) This subchapter does not apply to: (1) An insurance policy offered by an insurer under the Arkansas Insurance Code and insurance laws of this state; or (2) A debt cancellation or debt suspension contract being offered in compliance with 12 C.F.R. Part 37 or 12 C.F.R. Part 721 or other applicable federal laws. (e) (1) Guaranteed asset protection waivers governed under this subchapter are not insurance and are exempt from the insurance laws of this state. (2) Persons marketing, selling, or offering to sell guaranteed asset protection waivers to borrowers that comply with this subchapter are exempt from this state's insurance licensing requirements. Added by Act 2019, No. 787,§ 1, eff. 7/24/2019.

(a) The General Assembly finds that guaranteed asset protection waivers are not insurance.

(b) It is the intent of the General Assembly that all guaranteed asset protection waivers issued in this state, before or after the enactment of this subchapter, are not to be considered insurance.

(c) The purpose of this subchapter is to provide a framework within which guaranteed asset protection waivers are defined and may be offered within this state.

(d) This subchapter does not apply to: (1) An insurance policy offered by an insurer under the Arkansas Insurance Code and insurance laws of this state; or (2) A debt cancellation or debt suspension contract being offered in compliance with 12 C.F.R. Part 37 or 12 C.F.R. Part 721 or other applicable federal laws.

(1) An insurance policy offered by an insurer under the Arkansas Insurance Code and insurance laws of this state; or

(2) A debt cancellation or debt suspension contract being offered in compliance with 12 C.F.R. Part 37 or 12 C.F.R. Part 721 or other applicable federal laws.

(e) (1) Guaranteed asset protection waivers governed under this subchapter are not insurance and are exempt from the insurance laws of this state. (2) Persons marketing, selling, or offering to sell guaranteed asset protection waivers to borrowers that comply with this subchapter are exempt from this state's insurance licensing requirements.

(1) Guaranteed asset protection waivers governed under this subchapter are not insurance and are exempt from the insurance laws of this state.

(2) Persons marketing, selling, or offering to sell guaranteed asset protection waivers to borrowers that comply with this subchapter are exempt from this state's insurance licensing requirements.

Added by Act 2019, No. 787,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 4-38-119 — AR Code / Title 4 / Chapter 38 / Subchapter 1 / Section 4-38-119
Service of process, notice, or demand
Status: in_force

(a) A limited liability company or registered foreign limited liability company may be served with any process, notice, or demand required or permitted by law by serving its registered agent. (b) If a limited liability company or registered foreign limited liability company ceases to have a registered agent, or if its registered agent cannot with reasonable diligence be served, the company or foreign company may be served by registered or certified mail, return receipt requested, or by similar commercial delivery service, addressed to the company or foreign company at its principal office. The address of the principal office must be as shown on the company's or foreign company's most recent annual report filed with the Secretary of State. Service is effected under this subsection on the earliest of: (1) the date the company or foreign company receives the mail or delivery by the commercial delivery service; (2) the date shown on the return receipt, if signed by the company or foreign company; or (3) five days after its deposit with the United States Postal Service, or with the commercial delivery service, if correctly addressed and with sufficient postage or payment. (c) If process, notice, or demand cannot be served on a limited liability company or registered foreign limited liability company pursuant to subsection (a) or (b), service may be made by handing a copy to the individual in charge of any regular place of business or activity of the company or foreign company if the individual served is not a plaintiff in the action. (d) Service of process, notice, or demand on a registered agent must be in a written record. (e) Service of process, notice, or demand may be made by other means under law other than this chapter. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

(a) A limited liability company or registered foreign limited liability company may be served with any process, notice, or demand required or permitted by law by serving its registered agent.

(b) If a limited liability company or registered foreign limited liability company ceases to have a registered agent, or if its registered agent cannot with reasonable diligence be served, the company or foreign company may be served by registered or certified mail, return receipt requested, or by similar commercial delivery service, addressed to the company or foreign company at its principal office. The address of the principal office must be as shown on the company's or foreign company's most recent annual report filed with the Secretary of State. Service is effected under this subsection on the earliest of: (1) the date the company or foreign company receives the mail or delivery by the commercial delivery service; (2) the date shown on the return receipt, if signed by the company or foreign company; or (3) five days after its deposit with the United States Postal Service, or with the commercial delivery service, if correctly addressed and with sufficient postage or payment.

(1) the date the company or foreign company receives the mail or delivery by the commercial delivery service;

(2) the date shown on the return receipt, if signed by the company or foreign company; or

(3) five days after its deposit with the United States Postal Service, or with the commercial delivery service, if correctly addressed and with sufficient postage or payment.

(c) If process, notice, or demand cannot be served on a limited liability company or registered foreign limited liability company pursuant to subsection (a) or (b), service may be made by handing a copy to the individual in charge of any regular place of business or activity of the company or foreign company if the individual served is not a plaintiff in the action.

(d) Service of process, notice, or demand on a registered agent must be in a written record.

(e) Service of process, notice, or demand may be made by other means under law other than this chapter.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-47-703 — AR Code / Title 4 / Chapter 47 / Subchapter 7 / Section 4-47-703
Rights of creditor of partner or transferee
Status: in_force

(a) On application to a court of competent jurisdiction by any judgment creditor of a partner or transferee, the court may charge the transferable interest of the judgment debtor with payment of the unsatisfied amount of the judgment with interest. To the extent so charged, the judgment creditor has only the rights of a transferee. The court may appoint a receiver of the share of the distributions due or to become due to the judgment debtor in respect of the partnership and make all other orders, directions, accounts, and inquiries the judgment debtor might have made or which the circumstances of the case may require to give effect to the charging order. (b) A charging order constitutes a lien on the judgment debtor's transferable interest. The court may order a foreclosure upon the interest subject to the charging order at any time. The purchaser at the foreclosure sale has the rights of a transferee. (c) At any time before foreclosure, an interest charged may be redeemed: (1) by the judgment debtor; (2) with property other than limited partnership property, by one or more of the other partners; or (3) with limited partnership property, by the limited partnership with the consent of all partners whose interests are not so charged. (d) This chapter does not deprive any partner or transferee of the benefit of any exemption laws applicable to the partner's or transferee's transferable interest. (e) This section provides the exclusive remedy by which a judgment creditor of a partner or transferee may satisfy a judgment out of the judgment debtor's transferable interest. Acts 2007, No. 15, § 1.

(a) On application to a court of competent jurisdiction by any judgment creditor of a partner or transferee, the court may charge the transferable interest of the judgment debtor with payment of the unsatisfied amount of the judgment with interest. To the extent so charged, the judgment creditor has only the rights of a transferee. The court may appoint a receiver of the share of the distributions due or to become due to the judgment debtor in respect of the partnership and make all other orders, directions, accounts, and inquiries the judgment debtor might have made or which the circumstances of the case may require to give effect to the charging order.

(b) A charging order constitutes a lien on the judgment debtor's transferable interest. The court may order a foreclosure upon the interest subject to the charging order at any time. The purchaser at the foreclosure sale has the rights of a transferee.

(c) At any time before foreclosure, an interest charged may be redeemed: (1) by the judgment debtor; (2) with property other than limited partnership property, by one or more of the other partners; or (3) with limited partnership property, by the limited partnership with the consent of all partners whose interests are not so charged.

(1) by the judgment debtor;

(2) with property other than limited partnership property, by one or more of the other partners; or

(3) with limited partnership property, by the limited partnership with the consent of all partners whose interests are not so charged.

(d) This chapter does not deprive any partner or transferee of the benefit of any exemption laws applicable to the partner's or transferee's transferable interest.

(e) This section provides the exclusive remedy by which a judgment creditor of a partner or transferee may satisfy a judgment out of the judgment debtor's transferable interest.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-88-901 — AR Code / Title 4 / Chapter 88 / Subchapter 9 / Section 4-88-901
Applicability
Status: in_force

(a) This subchapter applies to a residential real estate repair contract under which a person has contracted with a residential contractor to provide goods or services to be paid from the proceeds of a property and casualty insurance policy. (b) The rights and responsibilities contained in this subchapter are in addition to those under § 4-89-101 et seq. and § 17-25-501 . Added by Act 2013, No. 1360,§ 1, eff. 8/16/2013.

(a) This subchapter applies to a residential real estate repair contract under which a person has contracted with a residential contractor to provide goods or services to be paid from the proceeds of a property and casualty insurance policy.

(b) The rights and responsibilities contained in this subchapter are in addition to those under § 4-89-101 et seq. and § 17-25-501 .

Added by Act 2013, No. 1360,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 4-58-103 — AR Code / Title 4 / Chapter 58 / Section 4-58-103
Consideration
Status: in_force

It shall not be necessary for any assignee to set forth the consideration of any of the assignments on any such assigned paper. Rev. Stat., ch. 11, § 5; C. & M. Dig., § 480; Pope's Dig., § 517; A.S.A. 1947, § 68-807.

It shall not be necessary for any assignee to set forth the consideration of any of the assignments on any such assigned paper.

Rev. Stat., ch. 11, § 5; C. & M. Dig., § 480; Pope's Dig., § 517; A.S.A. 1947, § 68-807.
Ark. Code Ann. § 4-60-102 — AR Code / Title 4 / Chapter 60 / Section 4-60-102
Applicability
Status: in_force

This chapter does not apply to the laws governing the imposition of a penalty for checks written on accounts which have insufficient funds and which checks are payable to either the Secretary of the Department of Finance and Administration or to the Department of Finance and Administration for any taxes, licenses, or fees imposed by any laws of this state. Amended by Act 2019, No. 910,§ 3355, eff. 7/1/2019. Acts 1987, No. 66, § 3.

This chapter does not apply to the laws governing the imposition of a penalty for checks written on accounts which have insufficient funds and which checks are payable to either the Secretary of the Department of Finance and Administration or to the Department of Finance and Administration for any taxes, licenses, or fees imposed by any laws of this state.

Amended by Act 2019, No. 910,§ 3355, eff. 7/1/2019.

Acts 1987, No. 66, § 3.
Ark. Code Ann. § 4-90-507 — AR Code / Title 4 / Chapter 90 / Subchapter 5 / Section 4-90-507
Termination and refunds
Status: in_force

No motor vehicle service contract may be issued, sold, or offered for sale or delivery in this state unless the service contract conspicuously states that the holder is allowed to cancel the service contract: (1) Within thirty (30) days of its purchase, if no claim has been made, and receive a full refund of the service contract retail price, less any cancellation fee stated in the service contract not exceeding fifty dollars ($50.00); or (2) At any other time, and receive a pro rata refund of the service contract retail price for the unexpired term of the service contract based on the number of elapsed months or miles, less any cancellation fee stated in the service contract not exceeding fifty dollars ($50.00). Acts 1993, No. 805, § 6.

No motor vehicle service contract may be issued, sold, or offered for sale or delivery in this state unless the service contract conspicuously states that the holder is allowed to cancel the service contract:

(1) Within thirty (30) days of its purchase, if no claim has been made, and receive a full refund of the service contract retail price, less any cancellation fee stated in the service contract not exceeding fifty dollars ($50.00); or

(2) At any other time, and receive a pro rata refund of the service contract retail price for the unexpired term of the service contract based on the number of elapsed months or miles, less any cancellation fee stated in the service contract not exceeding fifty dollars ($50.00).

Acts 1993, No. 805, § 6.
Ark. Code Ann. § 4-75-206 — AR Code / Title 4 / Chapter 75 / Subchapter 2 / Section 4-75-206
Contracts violating subchapter illegal
Status: in_force

Any contract, express or implied, made by any person, firm, or corporation in violation of any of the provisions of this subchapter is declared to be an illegal contract and no recovery thereon shall be had. Acts 1937, No. 253, § 9; Pope's Dig., § 14319; A.S.A. 1947, § 70-309.

Any contract, express or implied, made by any person, firm, or corporation in violation of any of the provisions of this subchapter is declared to be an illegal contract and no recovery thereon shall be had.

Acts 1937, No. 253, § 9; Pope's Dig., § 14319; A.S.A. 1947, § 70-309.
Ark. Code Ann. § 4-26-613 — AR Code / Title 4 / Chapter 26 / Subchapter 6 / Section 4-26-613
Redeemable shares - Restrictions on redemption or purchase
Status: in_force

A corporation shall not redeem its shares, or purchase its redeemable shares in lieu of redemption, if at the time of, or as a result of, such transaction: (1) There is a reasonable ground for believing that the corporation would be unable to meet its obligations as they become due in the ordinary course of business; or (2) The remaining assets of the corporation would be less than one and one-fourth (1¼) times the amount of its liabilities to creditors; or (3) If by the redemption or purchase the net assets would be reduced below the aggregate amount payable to the holders of shares to remain outstanding which have prior or equal rights to the assets of the corporation upon dissolution; or (4) If there exist any unpaid accrued preferential dividends with respect to any shares having priority as to dividends over the shares to be redeemed or purchased. Acts 1965, No. 576, § 66; A.S.A. 1947, § 64-601.

A corporation shall not redeem its shares, or purchase its redeemable shares in lieu of redemption, if at the time of, or as a result of, such transaction:

(1) There is a reasonable ground for believing that the corporation would be unable to meet its obligations as they become due in the ordinary course of business; or

(2) The remaining assets of the corporation would be less than one and one-fourth (1¼) times the amount of its liabilities to creditors; or

(3) If by the redemption or purchase the net assets would be reduced below the aggregate amount payable to the holders of shares to remain outstanding which have prior or equal rights to the assets of the corporation upon dissolution; or

(4) If there exist any unpaid accrued preferential dividends with respect to any shares having priority as to dividends over the shares to be redeemed or purchased.

Acts 1965, No. 576, § 66; A.S.A. 1947, § 64-601.
Ark. Code Ann. § 4-11-103 — AR Code / Title 4 / Chapter 11 / Section 4-11-103
Scope
Status: in_force

This chapter applies to virtual currency. Added by Act 2021, No. 1078,§ 7, eff. 7/28/2021.

This chapter applies to virtual currency.

Added by Act 2021, No. 1078,§ 7, eff. 7/28/2021.
Ark. Code Ann. § 4-35-104 — AR Code / Title 4 / Chapter 35 / Subchapter 1 / Section 4-35-104
Construction
Status: in_force

(a) (1) This chapter shall be liberally construed in conformity with its intent. (2) To this end, it shall not be necessary to comply with the general provisions of other laws dealing with public facilities, their acquisition, construction, leasing, encumbering, or disposition, including particularly, without limitation, bidding and appraisal requirements. (b) All acts and activities of a water authority performed pursuant to the authority of this chapter are legislatively determined and declared to be essential governmental functions. Acts 2003, No. 1330, § 3.

(a) (1) This chapter shall be liberally construed in conformity with its intent. (2) To this end, it shall not be necessary to comply with the general provisions of other laws dealing with public facilities, their acquisition, construction, leasing, encumbering, or disposition, including particularly, without limitation, bidding and appraisal requirements.

(1) This chapter shall be liberally construed in conformity with its intent.

(2) To this end, it shall not be necessary to comply with the general provisions of other laws dealing with public facilities, their acquisition, construction, leasing, encumbering, or disposition, including particularly, without limitation, bidding and appraisal requirements.

(b) All acts and activities of a water authority performed pursuant to the authority of this chapter are legislatively determined and declared to be essential governmental functions.

Acts 2003, No. 1330, § 3.
Ark. Code Ann. § 4-28-628 — AR Code / Title 4 / Chapter 28 / Subchapter 6 / Section 4-28-628
Dissolution
Status: in_force

(a) An unincorporated nonprofit association may be dissolved as follows: (1) if the governing principles provide a time or method for dissolution, at that time or by that method; (2) if the governing principles do not provide a time or method for dissolution, upon approval by the members; (3) if no member can be located and the association's operations have been discontinued for at least three years, by the managers or, if the association has no current manager, by its last manager; (4) by court order; or (5) under law other than this subchapter. (b) After dissolution, an unincorporated nonprofit association continues in existence until its activities have been wound up and it is terminated pursuant to § 4-28-629 . Acts 2011, No. 202, § 2.

(a) An unincorporated nonprofit association may be dissolved as follows: (1) if the governing principles provide a time or method for dissolution, at that time or by that method; (2) if the governing principles do not provide a time or method for dissolution, upon approval by the members; (3) if no member can be located and the association's operations have been discontinued for at least three years, by the managers or, if the association has no current manager, by its last manager; (4) by court order; or (5) under law other than this subchapter.

(1) if the governing principles provide a time or method for dissolution, at that time or by that method;

(2) if the governing principles do not provide a time or method for dissolution, upon approval by the members;

(3) if no member can be located and the association's operations have been discontinued for at least three years, by the managers or, if the association has no current manager, by its last manager;

(4) by court order; or

(5) under law other than this subchapter.

(b) After dissolution, an unincorporated nonprofit association continues in existence until its activities have been wound up and it is terminated pursuant to § 4-28-629 .

Acts 2011, No. 202, § 2.
Ark. Code Ann. § 4-75-1402 — AR Code / Title 4 / Chapter 75 / Subchapter 14 / Section 4-75-1402
Definitions
Status: in_force

As used in this subchapter: (1) "Food delivery platform" means an online business that acts as an intermediary between consumers and multiple food facilities to submit food orders from a consumer to a participating food facility and to arrange for the delivery of the food order from the food facility to the consumer; and (2) "Food facility" means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. Added by Act 2021, No. 969,§ 1, eff. 1/1/2022.

As used in this subchapter:

(1) "Food delivery platform" means an online business that acts as an intermediary between consumers and multiple food facilities to submit food orders from a consumer to a participating food facility and to arrange for the delivery of the food order from the food facility to the consumer; and

(2) "Food facility" means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level.

Added by Act 2021, No. 969,§ 1, eff. 1/1/2022.
Ark. Code Ann. § 4-47-1209 — AR Code / Title 4 / Chapter 47 / Subchapter 12 / Section 4-47-1209
Formation of future limited partnerships
Status: in_force

Beginning on September 1, 2007, no person may form an entity under the Revised Limited Partnership Act of 1991, § 4-43-101 et seq. [repealed]. Acts 2007, No. 15, § 1.

Beginning on September 1, 2007, no person may form an entity under the Revised Limited Partnership Act of 1991, § 4-43-101 et seq. [repealed].

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-86-110 — AR Code / Title 4 / Chapter 86 / Section 4-86-110
Additional investment for production contracts
Status: in_force

(a) For purposes of this section, "production contract" means the same as defined in § 2-32-201 . (b) A lender or loan originator shall provide the following notice in boldface in or attached as a separate document to a commercial loan agreement if the borrower is obtaining financing relating to a production contract: "NOTICE: The Borrower may be required to make additional investments to comply with the related production contract before the term of this agreement is complete. The Lender is not obligated to make any additional loans to the Borrower if additional investments are required to comply with the related production contract." Added by Act 2015, No. 1169,§ 2, eff. 4/7/2015.

(a) For purposes of this section, "production contract" means the same as defined in § 2-32-201 .

(b) A lender or loan originator shall provide the following notice in boldface in or attached as a separate document to a commercial loan agreement if the borrower is obtaining financing relating to a production contract: "NOTICE: The Borrower may be required to make additional investments to comply with the related production contract before the term of this agreement is complete. The Lender is not obligated to make any additional loans to the Borrower if additional investments are required to comply with the related production contract."

Added by Act 2015, No. 1169,§ 2, eff. 4/7/2015.
Ark. Code Ann. § 4-38-115 — AR Code / Title 4 / Chapter 38 / Subchapter 1 / Section 4-38-115
Registered agent
Status: in_force

(a) Each limited liability company and each registered foreign limited liability company shall designate and maintain a registered agent in this state in compliance with the Model Registered Agents Act, § 4-20-101 et seq. (b) The designation of a registered agent is an affirmation of fact by the limited liability company or registered foreign limited liability company that the agent has consented to serve. (c) A registered agent for a limited liability company or registered foreign limited liability company must have a place of business in this state. (d) The only duties under this chapter of a registered agent that has complied with this chapter are as described in § 4-20-114 . Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

(a) Each limited liability company and each registered foreign limited liability company shall designate and maintain a registered agent in this state in compliance with the Model Registered Agents Act, § 4-20-101 et seq.

(b) The designation of a registered agent is an affirmation of fact by the limited liability company or registered foreign limited liability company that the agent has consented to serve.

(c) A registered agent for a limited liability company or registered foreign limited liability company must have a place of business in this state.

(d) The only duties under this chapter of a registered agent that has complied with this chapter are as described in § 4-20-114 .

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-18-341 — AR Code / Title 4 / Chapter 18 / Subchapter 3 / Section 4-18-341
Testing generally
Status: in_force

(a) When not otherwise provided by law, the Director of the Arkansas Bureau of Standards shall have the power to inspect and test to ascertain if all weights and measures kept, offered, or exposed for sale are accurate and correct. (b) Within each calendar year, or less frequently if in accordance with a schedule issued by him or her or as otherwise determined, the director shall inspect and test to ascertain if all weights and measures commercially used in determining the weight, measurement, or count of commodities or things sold, offered, or exposed for sale on the basis of weight, measure, or count or in computing the basic charge or payment for services rendered on the basis of weight, measure, or count are accurate and correct. (c) (1) However, with respect to single-service devices designed to be used commercially only one (1) time and then to be discarded and to devices uniformly mass produced as by means of a mold or die and not susceptible to individual adjustment, tests may be made on representative samples of the devices. (2) The lots of which the samples are representative shall be held to be correct or incorrect upon the basis of the results of the inspections and tests on the samples. Acts 2005, No. 914, § 5.

(a) When not otherwise provided by law, the Director of the Arkansas Bureau of Standards shall have the power to inspect and test to ascertain if all weights and measures kept, offered, or exposed for sale are accurate and correct.

(b) Within each calendar year, or less frequently if in accordance with a schedule issued by him or her or as otherwise determined, the director shall inspect and test to ascertain if all weights and measures commercially used in determining the weight, measurement, or count of commodities or things sold, offered, or exposed for sale on the basis of weight, measure, or count or in computing the basic charge or payment for services rendered on the basis of weight, measure, or count are accurate and correct.

(c) (1) However, with respect to single-service devices designed to be used commercially only one (1) time and then to be discarded and to devices uniformly mass produced as by means of a mold or die and not susceptible to individual adjustment, tests may be made on representative samples of the devices. (2) The lots of which the samples are representative shall be held to be correct or incorrect upon the basis of the results of the inspections and tests on the samples.

(1) However, with respect to single-service devices designed to be used commercially only one (1) time and then to be discarded and to devices uniformly mass produced as by means of a mold or die and not susceptible to individual adjustment, tests may be made on representative samples of the devices.

(2) The lots of which the samples are representative shall be held to be correct or incorrect upon the basis of the results of the inspections and tests on the samples.

Acts 2005, No. 914, § 5.
Ark. Code Ann. § 4-46-910 — AR Code / Title 4 / Chapter 46 / Subchapter 9 / Section 4-46-910
Restrictions on approval of conversions and mergers and on relinquishing limited liability partnership status
Status: in_force

(a) If a partner of a converting or constituent partnership will have personal liability with respect to a converted or surviving organization, approval and amendment of a plan of conversion or merger are ineffective without the consent of the partner unless: (1) The partnership's partnership agreement provides for the approval of the conversion or merger with the consent of fewer than all of the partners; and (2) The partner has consented to the provision of the partnership agreement. (b) An amendment to a statement of qualification of a limited liability partnership which deletes a statement that the partnership is a limited liability partnership is ineffective without the consent of each partner unless: (1) The partnership's partnership agreement provides for the amendment with the consent of less than all of the partners; and (2) Each partner that does not consent to the amendment has consented to the provision of the partnership agreement. (c) A partner does not give the consent required by subsection (a) or subsection (b) of this section merely by consenting to a provision of the partnership agreement that permits the partnership agreement to be amended with the consent of fewer than all the partners. Acts 2009, No. 408, § 6.

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

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

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

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

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

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

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

Acts 2009, No. 408, § 6.
Ark. Code Ann. § 4-46-602 — AR Code / Title 4 / Chapter 46 / Subchapter 6 / Section 4-46-602
Partner's power to dissociate - Wrongful dissociation
Status: in_force

(a) A partner has the power to dissociate at any time, rightfully or wrongfully, by express will pursuant to § 4-46-601(1) . (b) A partner's dissociation is wrongful only if: (1) it is in breach of an express provision of the partnership agreement; or (2) in the case of a partnership for a definite term or particular undertaking, before the expiration of the term or the completion of the undertaking: (i) the partner withdraws by express will, unless the withdrawal follows within 90 days after another partner's dissociation by death or otherwise under § 4-46-601(6) -(10) or wrongful dissociation under this subsection; (ii) the partner is expelled by judicial determination under § 4-46-601(5) ; (iii) the partner is dissociated by becoming a debtor in bankruptcy; or (iv) in the case of a partner who is not an individual, trust other than a business trust, or estate, the partner is expelled or otherwise dissociated because it willfully dissolved or terminated. (c) A partner who wrongfully dissociates is liable to the partnership and to the other partners for damages caused by the dissociation. The liability is in addition to any other obligation of the partner to the partnership or to the other partners. Acts 1999, No. 1518, § 602.

(a) A partner has the power to dissociate at any time, rightfully or wrongfully, by express will pursuant to § 4-46-601(1) .

(b) A partner's dissociation is wrongful only if: (1) it is in breach of an express provision of the partnership agreement; or (2) in the case of a partnership for a definite term or particular undertaking, before the expiration of the term or the completion of the undertaking: (i) the partner withdraws by express will, unless the withdrawal follows within 90 days after another partner's dissociation by death or otherwise under § 4-46-601(6) -(10) or wrongful dissociation under this subsection; (ii) the partner is expelled by judicial determination under § 4-46-601(5) ; (iii) the partner is dissociated by becoming a debtor in bankruptcy; or (iv) in the case of a partner who is not an individual, trust other than a business trust, or estate, the partner is expelled or otherwise dissociated because it willfully dissolved or terminated.

(1) it is in breach of an express provision of the partnership agreement; or

(2) in the case of a partnership for a definite term or particular undertaking, before the expiration of the term or the completion of the undertaking: (i) the partner withdraws by express will, unless the withdrawal follows within 90 days after another partner's dissociation by death or otherwise under § 4-46-601(6) -(10) or wrongful dissociation under this subsection; (ii) the partner is expelled by judicial determination under § 4-46-601(5) ; (iii) the partner is dissociated by becoming a debtor in bankruptcy; or (iv) in the case of a partner who is not an individual, trust other than a business trust, or estate, the partner is expelled or otherwise dissociated because it willfully dissolved or terminated.

(i) the partner withdraws by express will, unless the withdrawal follows within 90 days after another partner's dissociation by death or otherwise under § 4-46-601(6) -(10) or wrongful dissociation under this subsection;

(ii) the partner is expelled by judicial determination under § 4-46-601(5) ;

(iii) the partner is dissociated by becoming a debtor in bankruptcy; or

(iv) in the case of a partner who is not an individual, trust other than a business trust, or estate, the partner is expelled or otherwise dissociated because it willfully dissolved or terminated.

(c) A partner who wrongfully dissociates is liable to the partnership and to the other partners for damages caused by the dissociation. The liability is in addition to any other obligation of the partner to the partnership or to the other partners.

Acts 1999, No. 1518, § 602.
Ark. Code Ann. § 4-59-102 — AR Code / Title 4 / Chapter 59 / Subchapter 1 / Section 4-59-102
Leases, estates, etc
Status: in_force

(a) All leases, estates, interests of freeholds, or lease of years, or any uncertain interests of, in, to, or out of any messuages, lands, or tenements made or created by livery and seisin only, or by parol, and not put in writing and signed by the parties or their agents lawfully authorized by writing so making or creating the leases, estates, interests of freehold, lease of years, or any uncertain interests, shall have the force and effect of leases or estates at will only, and shall not, either in law or equity, be deemed or taken to have any other or greater effect or force than as leases not exceeding the term of one (1) year. (b) No leases, estates, or interest, either of freehold or of term of years in, to, or out of any messuages, lands, or tenements, except leases for a term not exceeding one (1) year, shall at any time be assigned, granted, or surrendered unless it is by deed or notice in writing, signed by the party so assigning, granting, or surrendering the leases, estates, interests of freeholds, lease of years, or any uncertain interests, or by their agents lawfully authorized by writing or by operation of law. Rev. Stat., ch. 65, §§ 8, 9; C. & M. Dig., §§ 4865, 4866; Pope's Dig., §§ 6062, 6063; A.S.A. 1947, §§ 38-104, 38-105.

(a) All leases, estates, interests of freeholds, or lease of years, or any uncertain interests of, in, to, or out of any messuages, lands, or tenements made or created by livery and seisin only, or by parol, and not put in writing and signed by the parties or their agents lawfully authorized by writing so making or creating the leases, estates, interests of freehold, lease of years, or any uncertain interests, shall have the force and effect of leases or estates at will only, and shall not, either in law or equity, be deemed or taken to have any other or greater effect or force than as leases not exceeding the term of one (1) year.

(b) No leases, estates, or interest, either of freehold or of term of years in, to, or out of any messuages, lands, or tenements, except leases for a term not exceeding one (1) year, shall at any time be assigned, granted, or surrendered unless it is by deed or notice in writing, signed by the party so assigning, granting, or surrendering the leases, estates, interests of freeholds, lease of years, or any uncertain interests, or by their agents lawfully authorized by writing or by operation of law.

Rev. Stat., ch. 65, §§ 8, 9; C. & M. Dig., §§ 4865, 4866; Pope's Dig., §§ 6062, 6063; A.S.A. 1947, §§ 38-104, 38-105.
Ark. Code Ann. § 4-47-1208 — AR Code / Title 4 / Chapter 47 / Subchapter 12 / Section 4-47-1208
Effect of designation
Status: in_force

Except as otherwise provided in this chapter, a limited partnership remains the same entity for purposes of holding title to or conveying an interest in real or personal property and for all other purposes: (1) During the winding up of the limited partnership following its dissolution; (2) Whether the certificate of limited partnership is amended to add or delete a statement that the limited partnership is a limited liability limited partnership pursuant to § 4-47-406(b)(2) ; and (3) Regardless of whether the words "limited partnership", "limited liability limited partnership", or the designation "LP", "L.P.", "LLLP", or "L.L.L.P." are used in an instrument conveying an interest in real or personal property to or from the limited partnership or in any other writing. Acts 2007, No. 15, § 1.

Except as otherwise provided in this chapter, a limited partnership remains the same entity for purposes of holding title to or conveying an interest in real or personal property and for all other purposes:

(1) During the winding up of the limited partnership following its dissolution;

(2) Whether the certificate of limited partnership is amended to add or delete a statement that the limited partnership is a limited liability limited partnership pursuant to § 4-47-406(b)(2) ; and

(3) Regardless of whether the words "limited partnership", "limited liability limited partnership", or the designation "LP", "L.P.", "LLLP", or "L.L.L.P." are used in an instrument conveying an interest in real or personal property to or from the limited partnership or in any other writing.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-75-1101 — AR Code / Title 4 / Chapter 75 / Subchapter 11 / Section 4-75-1101
Title
Status: in_force

This subchapter shall be known and may be cited as the "Frank Broyles Publicity Rights Protection Act of 2016". Added by Act 2016EX3, No. 9,§ 1, eff. 8/22/2016. Added by Act 2016EX3, No. 8,§ 1, eff. 8/22/2016.

This subchapter shall be known and may be cited as the "Frank Broyles Publicity Rights Protection Act of 2016".

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

Added by Act 2016EX3, No. 8,§ 1, eff. 8/22/2016.
Ark. Code Ann. § 4-99-112 — AR Code / Title 4 / Chapter 99 / Subchapter 1 / Section 4-99-112
Burden of proving an exemption or exception
Status: in_force

In any civil proceeding alleging a violation of this chapter, the burden of proving an exemption or an exception from a definition is upon the person claiming it, and in any criminal proceeding alleging a violation of this chapter, the burden of producing evidence to support a defense based upon an exemption or an exception from a definition is upon the person claiming it. Acts 1993, No. 137, § 2.

In any civil proceeding alleging a violation of this chapter, the burden of proving an exemption or an exception from a definition is upon the person claiming it, and in any criminal proceeding alleging a violation of this chapter, the burden of producing evidence to support a defense based upon an exemption or an exception from a definition is upon the person claiming it.

Acts 1993, No. 137, § 2.
Ark. Code Ann. § 4-94-101 — AR Code / Title 4 / Chapter 94 / Section 4-94-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Health Spa Consumer Protection Act". Acts 1989, No. 264, § 1.

This chapter shall be known and may be cited as the "Health Spa Consumer Protection Act".

Acts 1989, No. 264, § 1.
Ark. Code Ann. § 4-88-501 — AR Code / Title 4 / Chapter 88 / Subchapter 5 / Section 4-88-501
Definitions
Status: in_force

As used in this subchapter: (1) "Person" shall have the same meaning as provided in § 4-88-102 ; and (2) "School calendar" means a poster or other printed material that depicts a school mascot, emblem, or name in conjunction with an athletic event or schedule. Acts 1999, No. 1284, § 1.

As used in this subchapter:

(1) "Person" shall have the same meaning as provided in § 4-88-102 ; and

(2) "School calendar" means a poster or other printed material that depicts a school mascot, emblem, or name in conjunction with an athletic event or schedule.

Acts 1999, No. 1284, § 1.
Ark. Code Ann. § 4-73-305 — AR Code / Title 4 / Chapter 73 / Subchapter 3 / Section 4-73-305
Information required on certificate
Status: in_force

The following information about a fine print shall be furnished as provided in § 4-73-304 : (1) The name of the artist and the year when printed; (2) Exclusive of trial proofs, whether the edition is being offered as a limited edition, and, if so: (A) The authorized maximum number of signed or numbered impressions, or both, in the edition; (B) The authorized maximum number of unsigned or unnumbered impressions, or both, in the edition; (C) The authorized maximum number of artist's, publisher's, printer's, or other proofs, if any, outside of the regular edition; and (D) The total size of the edition; (3) Whether the plate has been destroyed, effaced, altered, defaced, or cancelled after the current edition; (4) If there were any prior states of the same impression, the total number of states, and a designation of the state to which the subject print relates; (5) If there were any prior or later editions from the same plate, the series number of the subject edition, and the total size of all other editions; (6) Whether the edition is a posthumous edition or restrike and, if so, whether the plate has been reworked; and (7) The name of the workshop, if any, where the edition was printed. Acts 1983, No. 819, § 3; A.S.A. 1947, § 68-1803.

The following information about a fine print shall be furnished as provided in § 4-73-304 :

(1) The name of the artist and the year when printed;

(2) Exclusive of trial proofs, whether the edition is being offered as a limited edition, and, if so: (A) The authorized maximum number of signed or numbered impressions, or both, in the edition; (B) The authorized maximum number of unsigned or unnumbered impressions, or both, in the edition; (C) The authorized maximum number of artist's, publisher's, printer's, or other proofs, if any, outside of the regular edition; and (D) The total size of the edition;

(A) The authorized maximum number of signed or numbered impressions, or both, in the edition;

(B) The authorized maximum number of unsigned or unnumbered impressions, or both, in the edition;

(C) The authorized maximum number of artist's, publisher's, printer's, or other proofs, if any, outside of the regular edition; and

(D) The total size of the edition;

(3) Whether the plate has been destroyed, effaced, altered, defaced, or cancelled after the current edition;

(4) If there were any prior states of the same impression, the total number of states, and a designation of the state to which the subject print relates;

(5) If there were any prior or later editions from the same plate, the series number of the subject edition, and the total size of all other editions;

(6) Whether the edition is a posthumous edition or restrike and, if so, whether the plate has been reworked; and

(7) The name of the workshop, if any, where the edition was printed.

Acts 1983, No. 819, § 3; A.S.A. 1947, § 68-1803.
Ark. Code Ann. § 4-28-219 — AR Code / Title 4 / Chapter 28 / Subchapter 2 / Section 4-28-219
Shares of stock and dividends prohibited
Status: in_force

(a) A corporation shall not have or issue shares of stock. (b) No dividend shall be paid and no part of the income of a corporation shall be distributed to its members, directors, or officers. Acts 1963, No. 176, § 8; A.S.A. 1947, § 64-1908.

(a) A corporation shall not have or issue shares of stock.

(b) No dividend shall be paid and no part of the income of a corporation shall be distributed to its members, directors, or officers.

Acts 1963, No. 176, § 8; A.S.A. 1947, § 64-1908.
Ark. Code Ann. § 4-29-411 — AR Code / Title 4 / Chapter 29 / Subchapter 4 / Section 4-29-411
Shares of deceased or disqualified shareholder - Price
Status: in_force

If the articles of incorporation or bylaws of a corporation subject to this subchapter fail to state a price or method of determining a fixed price at which the corporation or its shareholders may purchase the shares of a deceased shareholder or a shareholder no longer qualified to own shares in the corporation, then the price for the shares shall be the book value as of the end of the month immediately preceding the death or disqualification of the shareholder. Book value shall be determined from the books and records of the corporation in accordance with the regular method of accounting used by the corporation. Acts 1961, No. 471, § 17; A.S.A. 1947, § 64-1817.

If the articles of incorporation or bylaws of a corporation subject to this subchapter fail to state a price or method of determining a fixed price at which the corporation or its shareholders may purchase the shares of a deceased shareholder or a shareholder no longer qualified to own shares in the corporation, then the price for the shares shall be the book value as of the end of the month immediately preceding the death or disqualification of the shareholder. Book value shall be determined from the books and records of the corporation in accordance with the regular method of accounting used by the corporation.

Acts 1961, No. 471, § 17; A.S.A. 1947, § 64-1817.
Ark. Code Ann. § 4-29-406 — AR Code / Title 4 / Chapter 29 / Subchapter 4 / Section 4-29-406
Officers, directors, and shareholders
Status: in_force

All of the officers, directors, and shareholders of a corporation subject to this subchapter shall at all times be persons licensed pursuant to the Arkansas Dental Practice Act, § 17-82-101 et seq. No person who is not so licensed shall have any part in the ownership, management, or control of the corporation, nor may any proxy to vote any shares of the corporation be given to a person who is not so licensed. Acts 1961, No. 471, § 14; A.S.A. 1947, § 64-1814.

All of the officers, directors, and shareholders of a corporation subject to this subchapter shall at all times be persons licensed pursuant to the Arkansas Dental Practice Act, § 17-82-101 et seq. No person who is not so licensed shall have any part in the ownership, management, or control of the corporation, nor may any proxy to vote any shares of the corporation be given to a person who is not so licensed.

Acts 1961, No. 471, § 14; A.S.A. 1947, § 64-1814.
Ark. Code Ann. § 4-90-409 — AR Code / Title 4 / Chapter 90 / Subchapter 4 / Section 4-90-409
Option to retain use of vehicle
Status: in_force

A consumer has the option of retaining the use of any vehicle returned under this subchapter until the time that the consumer has been tendered a full refund or a replacement vehicle of comparable value. Acts 1993, No. 285, § 11; 1993, No. 297, § 11.

A consumer has the option of retaining the use of any vehicle returned under this subchapter until the time that the consumer has been tendered a full refund or a replacement vehicle of comparable value.

Acts 1993, No. 285, § 11; 1993, No. 297, § 11.
Ark. Code Ann. § 4-116-107 — AR Code / Title 4 / Chapter 116 / Section 4-116-107
Prohibited activities
Status: in_force

A facilitator shall not: (1) Require a consumer to enter into a loan agreement in order to complete a tax return; (2) (A) Charge or impose any fee or charge or require other consideration in the making or facilitating of a refund anticipation loan or refund anticipation check apart from the fee charged by the creditor or bank that provides the loan or check. (B) (i) This section does not prohibit the charge or fee imposed by the facilitator to all of its customers if the same fee in the same amount is charged to customers who do not receive refund anticipation loans, refund anticipation checks, or other tax-related financial products. (ii) This fee may include fees for tax return preparation; (3) Engage in a transaction, practice, or course of business that operates a fraud upon a consumer in connection with a refund anticipation loan or refund anticipation check, including making oral statements contradicting any of the information required to be disclosed under this chapter; (4) Directly or indirectly arrange for any third party to charge an interest, fee, or charge related to a refund anticipation loan or refund anticipation check, other than the refund anticipation loan or refund anticipation check fee imposed by the creditor, including without limitation charges for insurance, attorney's fees, other collection costs, or check cashing. (5) Misrepresent a material fact or condition of a refund anticipation loan or refund anticipation check; and (6) Fail to process the application for a refund anticipation loan promptly after the client applies for the loan. Acts 2009, No. 1402, § 1.

A facilitator shall not:

(1) Require a consumer to enter into a loan agreement in order to complete a tax return;

(2) (A) Charge or impose any fee or charge or require other consideration in the making or facilitating of a refund anticipation loan or refund anticipation check apart from the fee charged by the creditor or bank that provides the loan or check. (B) (i) This section does not prohibit the charge or fee imposed by the facilitator to all of its customers if the same fee in the same amount is charged to customers who do not receive refund anticipation loans, refund anticipation checks, or other tax-related financial products. (ii) This fee may include fees for tax return preparation;

(A) Charge or impose any fee or charge or require other consideration in the making or facilitating of a refund anticipation loan or refund anticipation check apart from the fee charged by the creditor or bank that provides the loan or check.

(B) (i) This section does not prohibit the charge or fee imposed by the facilitator to all of its customers if the same fee in the same amount is charged to customers who do not receive refund anticipation loans, refund anticipation checks, or other tax-related financial products. (ii) This fee may include fees for tax return preparation;

(i) This section does not prohibit the charge or fee imposed by the facilitator to all of its customers if the same fee in the same amount is charged to customers who do not receive refund anticipation loans, refund anticipation checks, or other tax-related financial products.

(ii) This fee may include fees for tax return preparation;

(3) Engage in a transaction, practice, or course of business that operates a fraud upon a consumer in connection with a refund anticipation loan or refund anticipation check, including making oral statements contradicting any of the information required to be disclosed under this chapter;

(4) Directly or indirectly arrange for any third party to charge an interest, fee, or charge related to a refund anticipation loan or refund anticipation check, other than the refund anticipation loan or refund anticipation check fee imposed by the creditor, including without limitation charges for insurance, attorney's fees, other collection costs, or check cashing.

(5) Misrepresent a material fact or condition of a refund anticipation loan or refund anticipation check; and

(6) Fail to process the application for a refund anticipation loan promptly after the client applies for the loan.

Acts 2009, No. 1402, § 1.