Ark. Code Ann. § 4-5-109 — AR Code / Title 4 / Chapter 5 / Section 4-5-109
Fraud and forgery
Status: in_force

(a) If a presentation is made that appears on its face strictly to comply with the terms and conditions of the letter of credit, but a required document is forged or materially fraudulent, or honor of the presentation would facilitate a material fraud by the beneficiary on the issuer or applicant: (1) the issuer shall honor the presentation, if honor is demanded by (i) a nominated person who has given value in good faith and without notice of forgery or material fraud, (ii) a confirmer who has honored its confirmation in good faith, (iii) a holder in due course of a draft drawn under the letter of credit which was taken after acceptance by the issuer or nominated person, or (iv) an assignee of the issuer's or nominated person's deferred obligation that was taken for value and without notice of forgery or material fraud after the obligation was incurred by the issuer or nominated person; and (2) the issuer, acting in good faith, may honor or dishonor the presentation in any other case. (b) If an applicant claims that a required document is forged or materially fraudulent or that honor of the presentation would facilitate a material fraud by the beneficiary on the issuer or applicant, a court of competent jurisdiction may temporarily or permanently enjoin the issuer from honoring a presentation or grant similar relief against the issuer or other persons only if the court finds that: (1) the relief is not prohibited under the law applicable to an accepted draft or deferred obligation incurred by the issuer; (2) a beneficiary, issuer, or nominated person who may be adversely affected is adequately protected against loss that it may suffer because the relief is granted; (3) all of the conditions to entitle a person to the relief under the law of this state have been met; and (4) on the basis of the information submitted to the court, the applicant is more likely than not to succeed under its claim of forgery or material fraud and the person demanding honor does not qualify for protection under subdivision (a)(1) of this section. Acts 1997, No. 1070, § 1.

(a) If a presentation is made that appears on its face strictly to comply with the terms and conditions of the letter of credit, but a required document is forged or materially fraudulent, or honor of the presentation would facilitate a material fraud by the beneficiary on the issuer or applicant: (1) the issuer shall honor the presentation, if honor is demanded by (i) a nominated person who has given value in good faith and without notice of forgery or material fraud, (ii) a confirmer who has honored its confirmation in good faith, (iii) a holder in due course of a draft drawn under the letter of credit which was taken after acceptance by the issuer or nominated person, or (iv) an assignee of the issuer's or nominated person's deferred obligation that was taken for value and without notice of forgery or material fraud after the obligation was incurred by the issuer or nominated person; and (2) the issuer, acting in good faith, may honor or dishonor the presentation in any other case.

(1) the issuer shall honor the presentation, if honor is demanded by (i) a nominated person who has given value in good faith and without notice of forgery or material fraud, (ii) a confirmer who has honored its confirmation in good faith, (iii) a holder in due course of a draft drawn under the letter of credit which was taken after acceptance by the issuer or nominated person, or (iv) an assignee of the issuer's or nominated person's deferred obligation that was taken for value and without notice of forgery or material fraud after the obligation was incurred by the issuer or nominated person; and

(2) the issuer, acting in good faith, may honor or dishonor the presentation in any other case.

(b) If an applicant claims that a required document is forged or materially fraudulent or that honor of the presentation would facilitate a material fraud by the beneficiary on the issuer or applicant, a court of competent jurisdiction may temporarily or permanently enjoin the issuer from honoring a presentation or grant similar relief against the issuer or other persons only if the court finds that: (1) the relief is not prohibited under the law applicable to an accepted draft or deferred obligation incurred by the issuer; (2) a beneficiary, issuer, or nominated person who may be adversely affected is adequately protected against loss that it may suffer because the relief is granted; (3) all of the conditions to entitle a person to the relief under the law of this state have been met; and (4) on the basis of the information submitted to the court, the applicant is more likely than not to succeed under its claim of forgery or material fraud and the person demanding honor does not qualify for protection under subdivision (a)(1) of this section.

(1) the relief is not prohibited under the law applicable to an accepted draft or deferred obligation incurred by the issuer;

(2) a beneficiary, issuer, or nominated person who may be adversely affected is adequately protected against loss that it may suffer because the relief is granted;

(3) all of the conditions to entitle a person to the relief under the law of this state have been met; and

(4) on the basis of the information submitted to the court, the applicant is more likely than not to succeed under its claim of forgery or material fraud and the person demanding honor does not qualify for protection under subdivision (a)(1) of this section.

Acts 1997, No. 1070, § 1.
Ark. Code Ann. § 4-75-413 — AR Code / Title 4 / Chapter 75 / Subchapter 4 / Section 4-75-413
Arbitration and forum selection clauses in sale of motor vehicles
Status: in_force

(a) Except as provided in subsection (b) of this section, no new or used automobile dealer shall include in the contract for the sale of a motor vehicle a provision requiring the purchaser to submit a disputed matter to: (1) Binding arbitration; or (2) A forum outside the county in which the dealer resides or does business. (b) (1) (A) The purchaser of a motor vehicle may knowingly and voluntarily agree to submit to binding arbitration only by signing a separate document entitled in bold print "Waiver of Purchaser's Right to Sue" containing a written waiver specifically acknowledging the purchaser's relinquishment of the right to have any dispute over the sale or operation of the motor vehicle decided by a court of law. (B) The purchaser of a motor vehicle may knowingly and voluntarily agree to submit to a forum outside the dealer's residence or place of business only by signing a separate document entitled in bold print "Waiver of Purchaser's Choice of Forum" containing a written waiver specifically acknowledging the purchaser's relinquishment of the right to have any dispute over the sale or operation of the motor vehicle decided by a court or arbitrator in the county in which the seller resides or does business. (2) A waiver described in subdivision (b)(1)(A) or (B) of this section shall not be enforceable unless contained in a separate document. (c) A purchaser who refuses to sign a waiver described in subsection (b) of this section shall not be denied the right to purchase a motor vehicle at the price agreed upon by the purchaser and the seller. Acts 2005, No. 1239, § 1.

(a) Except as provided in subsection (b) of this section, no new or used automobile dealer shall include in the contract for the sale of a motor vehicle a provision requiring the purchaser to submit a disputed matter to: (1) Binding arbitration; or (2) A forum outside the county in which the dealer resides or does business.

(1) Binding arbitration; or

(2) A forum outside the county in which the dealer resides or does business.

(b) (1) (A) The purchaser of a motor vehicle may knowingly and voluntarily agree to submit to binding arbitration only by signing a separate document entitled in bold print "Waiver of Purchaser's Right to Sue" containing a written waiver specifically acknowledging the purchaser's relinquishment of the right to have any dispute over the sale or operation of the motor vehicle decided by a court of law. (B) The purchaser of a motor vehicle may knowingly and voluntarily agree to submit to a forum outside the dealer's residence or place of business only by signing a separate document entitled in bold print "Waiver of Purchaser's Choice of Forum" containing a written waiver specifically acknowledging the purchaser's relinquishment of the right to have any dispute over the sale or operation of the motor vehicle decided by a court or arbitrator in the county in which the seller resides or does business. (2) A waiver described in subdivision (b)(1)(A) or (B) of this section shall not be enforceable unless contained in a separate document.

(1) (A) The purchaser of a motor vehicle may knowingly and voluntarily agree to submit to binding arbitration only by signing a separate document entitled in bold print "Waiver of Purchaser's Right to Sue" containing a written waiver specifically acknowledging the purchaser's relinquishment of the right to have any dispute over the sale or operation of the motor vehicle decided by a court of law. (B) The purchaser of a motor vehicle may knowingly and voluntarily agree to submit to a forum outside the dealer's residence or place of business only by signing a separate document entitled in bold print "Waiver of Purchaser's Choice of Forum" containing a written waiver specifically acknowledging the purchaser's relinquishment of the right to have any dispute over the sale or operation of the motor vehicle decided by a court or arbitrator in the county in which the seller resides or does business.

(A) The purchaser of a motor vehicle may knowingly and voluntarily agree to submit to binding arbitration only by signing a separate document entitled in bold print "Waiver of Purchaser's Right to Sue" containing a written waiver specifically acknowledging the purchaser's relinquishment of the right to have any dispute over the sale or operation of the motor vehicle decided by a court of law.

(B) The purchaser of a motor vehicle may knowingly and voluntarily agree to submit to a forum outside the dealer's residence or place of business only by signing a separate document entitled in bold print "Waiver of Purchaser's Choice of Forum" containing a written waiver specifically acknowledging the purchaser's relinquishment of the right to have any dispute over the sale or operation of the motor vehicle decided by a court or arbitrator in the county in which the seller resides or does business.

(2) A waiver described in subdivision (b)(1)(A) or (B) of this section shall not be enforceable unless contained in a separate document.

(c) A purchaser who refuses to sign a waiver described in subsection (b) of this section shall not be denied the right to purchase a motor vehicle at the price agreed upon by the purchaser and the seller.

Acts 2005, No. 1239, § 1.
Ark. Code Ann. § 4-20-113 — AR Code / Title 4 / Chapter 20 / Section 4-20-113
Service of process on entities
Status: in_force

(a) A registered agent is an agent of the represented entity authorized to receive service of any process, notice, or demand required or permitted by law to be served on the entity. (b) If an entity fails to appoint an agent under this subchapter or if an entity that previously filed a registered agent filing with the Secretary of State no longer has a registered agent, or if its registered agent cannot with reasonable diligence be served, the entity may be served by registered or certified mail, return receipt requested, addressed to one or more of the governors of the entity by name at its principal office in accordance with any applicable judicial rules and procedures. The names of the governors and the address of the principal office shall be as shown in the most recent annual report filed with the Secretary of State. If the entity is not required to file an annual report with the Secretary of State, the names of the governors and the address of the principal office shall be as shown in the entity's public organic document. Service is perfected under this subsection at the earliest of: (1) the date the entity receives the mail; (2) the date shown on the return receipt, if signed on behalf of the entity; or (3) five (5) days after its deposit with the United States Postal Service, if correctly addressed and with sufficient postage. (c) If process, notice, or demand cannot be served on an entity pursuant to subsection (a) or (b), service of process may be made by handing a copy to the manager, clerk, or other person in charge of any regular place of business or activity of the entity if the person served is not a plaintiff in the action. (d) Service of process, notice, or demand on a registered agent must be in the form of a written document, except that service may be made on a commercial registered agent in such other forms of a record, and subject to such requirements, as the agent has stated from time to time in its listing under § 4-20-106 that it will accept. (e) Service of process, notice, or demand may be perfected by any other means prescribed by law other than this chapter. Acts 2007, No. 638, § 1; 2009, No. 408, § 7; 2009, No. 814, § 1.

(a) A registered agent is an agent of the represented entity authorized to receive service of any process, notice, or demand required or permitted by law to be served on the entity.

(b) If an entity fails to appoint an agent under this subchapter or if an entity that previously filed a registered agent filing with the Secretary of State no longer has a registered agent, or if its registered agent cannot with reasonable diligence be served, the entity may be served by registered or certified mail, return receipt requested, addressed to one or more of the governors of the entity by name at its principal office in accordance with any applicable judicial rules and procedures. The names of the governors and the address of the principal office shall be as shown in the most recent annual report filed with the Secretary of State. If the entity is not required to file an annual report with the Secretary of State, the names of the governors and the address of the principal office shall be as shown in the entity's public organic document. Service is perfected under this subsection at the earliest of: (1) the date the entity receives the mail; (2) the date shown on the return receipt, if signed on behalf of the entity; or (3) five (5) days after its deposit with the United States Postal Service, if correctly addressed and with sufficient postage.

(1) the date the entity receives the mail;

(2) the date shown on the return receipt, if signed on behalf of the entity; or

(3) five (5) days after its deposit with the United States Postal Service, if correctly addressed and with sufficient postage.

(c) If process, notice, or demand cannot be served on an entity pursuant to subsection (a) or (b), service of process may be made by handing a copy to the manager, clerk, or other person in charge of any regular place of business or activity of the entity if the person served is not a plaintiff in the action.

(d) Service of process, notice, or demand on a registered agent must be in the form of a written document, except that service may be made on a commercial registered agent in such other forms of a record, and subject to such requirements, as the agent has stated from time to time in its listing under § 4-20-106 that it will accept.

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

Acts 2007, No. 638, § 1; 2009, No. 408, § 7; 2009, No. 814, § 1.
Ark. Code Ann. § 4-18-321 — AR Code / Title 4 / Chapter 18 / Subchapter 3 / Section 4-18-321
Advertising packages for sale
Status: in_force

Whenever a packaged commodity is advertised in any manner with the retail price stated, there shall be closely and conspicuously associated with the retail price a declaration of quantity as is required by law or regulation to appear on the package. Acts 2001, No. 587, § 21.

Whenever a packaged commodity is advertised in any manner with the retail price stated, there shall be closely and conspicuously associated with the retail price a declaration of quantity as is required by law or regulation to appear on the package.

Acts 2001, No. 587, § 21.
Ark. Code Ann. § 4-88-607 — AR Code / Title 4 / Chapter 88 / Subchapter 6 / Section 4-88-607
Enforcement of subchapter
Status: in_force

(a) (1) Any transmission of unsolicited commercial or sexually explicit electronic mail in violation of this subchapter shall constitute an unfair and deceptive act or practice under § 4-88-107 . (2) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., or this subchapter 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. (c) Nothing in the provisions of this subchapter shall prohibit the bringing of a civil action against a violator of this subchapter by an individual harmed by a deceptive trade practice. Acts 2003, No. 1019, § 1.

(a) (1) Any transmission of unsolicited commercial or sexually explicit electronic mail in violation of this subchapter shall constitute an unfair and deceptive act or practice under § 4-88-107 . (2) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., or this subchapter shall be available to the Attorney General for the enforcement of this subchapter.

(1) Any transmission of unsolicited commercial or sexually explicit electronic mail in violation of this subchapter shall constitute an unfair and deceptive act or practice under § 4-88-107 .

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

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

Acts 2003, No. 1019, § 1.
Ark. Code Ann. § 4-59-402 — AR Code / Title 4 / Chapter 59 / Subchapter 4 / Section 4-59-402
Fraudulent issuance of receipt containing false statement
Status: in_force

A warehouseman or any officer, agent, or servant of a warehouseman, who fraudulently issues or aids in fraudulently issuing a receipt for goods, knowing that it contains any false statement, shall be guilty of a Class A misdemeanor. Acts 1915, No. 273, § 51; C. & M. Dig., § 10395; Pope's Dig., § 14463; A.S.A. 1947, § 68-1251; Acts 2005, No. 1994, § 216.

A warehouseman or any officer, agent, or servant of a warehouseman, who fraudulently issues or aids in fraudulently issuing a receipt for goods, knowing that it contains any false statement, shall be guilty of a Class A misdemeanor.

Acts 1915, No. 273, § 51; C. & M. Dig., § 10395; Pope's Dig., § 14463; A.S.A. 1947, § 68-1251; Acts 2005, No. 1994, § 216.
Ark. Code Ann. § 4-86-103 — AR Code / Title 4 / Chapter 86 / Section 4-86-103
Unsolicited merchandise
Status: in_force

When unsolicited merchandise is delivered in this state to the person for whom it is intended, the person shall have a right to refuse to accept delivery of this merchandise, or may deem the merchandise to be a gift and use it or dispose of it in any manner he or she chooses without obligation to the sender. Acts 1969, No. 47, § 1; A.S.A. 1947, § 85-2-606.1.

When unsolicited merchandise is delivered in this state to the person for whom it is intended, the person shall have a right to refuse to accept delivery of this merchandise, or may deem the merchandise to be a gift and use it or dispose of it in any manner he or she chooses without obligation to the sender.

Acts 1969, No. 47, § 1; A.S.A. 1947, § 85-2-606.1.
Ark. Code Ann. § 4-28-225 — AR Code / Title 4 / Chapter 28 / Subchapter 2 / Section 4-28-225
Conversion to public water authority
Status: in_force

(a) A corporation which meets the definition of a qualified corporation, as defined by § 4-35-103 , may adopt a plan to convert its entity status from that of a nonprofit corporation to a water authority pursuant to the Water Authority Act, § 4-35-101 et seq., unless the articles or bylaws require otherwise, if the conversion is approved: (1) By a majority of the members of the board of directors of the corporation; and (2) If the corporation has members, by two-thirds (2/3) of the votes cast by the members, in person or by proxy, at a regular or special meeting of the members at which a quorum is present. (b) For purposes of this section and unless the articles or bylaws provide for a higher or lower quorum, ten percent (10%) of the votes entitled to be cast on a matter must be represented in person or by proxy at a meeting of members to constitute a quorum. Acts 2003, No. 1330, § 1.

(a) A corporation which meets the definition of a qualified corporation, as defined by § 4-35-103 , may adopt a plan to convert its entity status from that of a nonprofit corporation to a water authority pursuant to the Water Authority Act, § 4-35-101 et seq., unless the articles or bylaws require otherwise, if the conversion is approved: (1) By a majority of the members of the board of directors of the corporation; and (2) If the corporation has members, by two-thirds (2/3) of the votes cast by the members, in person or by proxy, at a regular or special meeting of the members at which a quorum is present.

(1) By a majority of the members of the board of directors of the corporation; and

(2) If the corporation has members, by two-thirds (2/3) of the votes cast by the members, in person or by proxy, at a regular or special meeting of the members at which a quorum is present.

(b) For purposes of this section and unless the articles or bylaws provide for a higher or lower quorum, ten percent (10%) of the votes entitled to be cast on a matter must be represented in person or by proxy at a meeting of members to constitute a quorum.

Acts 2003, No. 1330, § 1.
Ark. Code Ann. § 4-88-1103 — AR Code / Title 4 / Chapter 88 / Subchapter 11 / Section 4-88-1103
Net-metering customer protections
Status: in_force

The net-metering customer protections shall include without limitation the following, a: (1) Requirement that any person who sells or leases a net-metering facility or who provides a net-metering service to a net-metering customer under the Arkansas Cost-Shifting Prevention Act of 2023, § 23-18-601 et seq., shall: (A) (i) Provide a prospective or existing net-metering customer a minimum of five (5) business days to evaluate a proposal to construct a net-metering facility to provide all or part of the prospective or existing net-metering customer's needs for electric energy within a single electric utility's allocated service territory. (ii) The proposal to the prospective or existing net-metering customer shall include: (a) A description of the system and the system's placement on the net-metering customer's premises or other location consistent with the requirements of this subchapter; (b) A description of the nameplate generating capacity and expected monthly and annual output of the net-metering facility in kilowatt hours; (c) The estimated annual degradation to the net-metering facility; (d) An estimated timeline for the installation of the net-metering facility; (e) The total cost of the net-metering facility; (f) The amounts due at the signing for and at the completion of the installation; (g) The payment schedule; (h) The payback period; (i) The forecasted savings monthly and annual bill savings provided by the proposed net-metering facility in dollars based on the rate structure as defined in § 23-18-606 ; (j) A description of any warranties; (k) The length of the term of any warranties; and (l) Notice that the prospective or existing net-metering customer may file a complaint with the Attorney General; (B) Perform an energy efficiency audit on the potential or existing net-metering customer's premises and any customer meter locations to be served by the proposed net-metering facility as part of the proposal to sell or lease a net-metering facility or provide a net-metering service to a net-metering customer under the Arkansas Cost-Shifting Prevention Act of 2023, § 23-18-601 et seq., or inform the prospective or existing net-metering customer of how to obtain an energy efficiency audit; and (C) Inform the prospective or existing net-metering customer of the available energy efficiency measures to address the results of the audit as part of the proposal to sell or lease a net-metering facility or provide a net-metering service to a net-metering customer under the Arkansas Cost-Shifting Prevention Act of 2023, § 23-18-601 et seq.; (2) Demonstration to the prospective or existing net-metering customer that the proposed net-metering facility meets all applicable safety requirements and standards; and (3) Demonstration to the prospective or existing net-metering customer that the person who sells or leases a net-metering facility or who provides a net metering service to a net metering customer holds: (A) All required permits to install, construct, or operate a net-metering facility in the state, and, if the governing county, city, or local authority does not require an electrical inspection, an executed certification that no electrical inspection or permit is required; and (B) (i) A single ten thousand dollar ($10,000) bond obtained under § 17-25-404 ; (ii) Commercial general liability insurance coverage with a limit of at least one million dollars ($1,000,000); and (iii) An applicable contractor's license issued by the Contractors Licensing Board obtained prior to conducting business. Amended by Act 2023, No. 476,§ 1, eff. 4/4/2023. Added by Act 2023, No. 278,§ 2, eff. 3/13/2023.

The net-metering customer protections shall include without limitation the following, a:

(1) Requirement that any person who sells or leases a net-metering facility or who provides a net-metering service to a net-metering customer under the Arkansas Cost-Shifting Prevention Act of 2023, § 23-18-601 et seq., shall: (A) (i) Provide a prospective or existing net-metering customer a minimum of five (5) business days to evaluate a proposal to construct a net-metering facility to provide all or part of the prospective or existing net-metering customer's needs for electric energy within a single electric utility's allocated service territory. (ii) The proposal to the prospective or existing net-metering customer shall include: (a) A description of the system and the system's placement on the net-metering customer's premises or other location consistent with the requirements of this subchapter; (b) A description of the nameplate generating capacity and expected monthly and annual output of the net-metering facility in kilowatt hours; (c) The estimated annual degradation to the net-metering facility; (d) An estimated timeline for the installation of the net-metering facility; (e) The total cost of the net-metering facility; (f) The amounts due at the signing for and at the completion of the installation; (g) The payment schedule; (h) The payback period; (i) The forecasted savings monthly and annual bill savings provided by the proposed net-metering facility in dollars based on the rate structure as defined in § 23-18-606 ; (j) A description of any warranties; (k) The length of the term of any warranties; and (l) Notice that the prospective or existing net-metering customer may file a complaint with the Attorney General; (B) Perform an energy efficiency audit on the potential or existing net-metering customer's premises and any customer meter locations to be served by the proposed net-metering facility as part of the proposal to sell or lease a net-metering facility or provide a net-metering service to a net-metering customer under the Arkansas Cost-Shifting Prevention Act of 2023, § 23-18-601 et seq., or inform the prospective or existing net-metering customer of how to obtain an energy efficiency audit; and (C) Inform the prospective or existing net-metering customer of the available energy efficiency measures to address the results of the audit as part of the proposal to sell or lease a net-metering facility or provide a net-metering service to a net-metering customer under the Arkansas Cost-Shifting Prevention Act of 2023, § 23-18-601 et seq.;

(A) (i) Provide a prospective or existing net-metering customer a minimum of five (5) business days to evaluate a proposal to construct a net-metering facility to provide all or part of the prospective or existing net-metering customer's needs for electric energy within a single electric utility's allocated service territory. (ii) The proposal to the prospective or existing net-metering customer shall include: (a) A description of the system and the system's placement on the net-metering customer's premises or other location consistent with the requirements of this subchapter; (b) A description of the nameplate generating capacity and expected monthly and annual output of the net-metering facility in kilowatt hours; (c) The estimated annual degradation to the net-metering facility; (d) An estimated timeline for the installation of the net-metering facility; (e) The total cost of the net-metering facility; (f) The amounts due at the signing for and at the completion of the installation; (g) The payment schedule; (h) The payback period; (i) The forecasted savings monthly and annual bill savings provided by the proposed net-metering facility in dollars based on the rate structure as defined in § 23-18-606 ; (j) A description of any warranties; (k) The length of the term of any warranties; and (l) Notice that the prospective or existing net-metering customer may file a complaint with the Attorney General;

(i) Provide a prospective or existing net-metering customer a minimum of five (5) business days to evaluate a proposal to construct a net-metering facility to provide all or part of the prospective or existing net-metering customer's needs for electric energy within a single electric utility's allocated service territory.

(ii) The proposal to the prospective or existing net-metering customer shall include: (a) A description of the system and the system's placement on the net-metering customer's premises or other location consistent with the requirements of this subchapter; (b) A description of the nameplate generating capacity and expected monthly and annual output of the net-metering facility in kilowatt hours; (c) The estimated annual degradation to the net-metering facility; (d) An estimated timeline for the installation of the net-metering facility; (e) The total cost of the net-metering facility; (f) The amounts due at the signing for and at the completion of the installation; (g) The payment schedule; (h) The payback period; (i) The forecasted savings monthly and annual bill savings provided by the proposed net-metering facility in dollars based on the rate structure as defined in § 23-18-606 ; (j) A description of any warranties; (k) The length of the term of any warranties; and (l) Notice that the prospective or existing net-metering customer may file a complaint with the Attorney General;

(a) A description of the system and the system's placement on the net-metering customer's premises or other location consistent with the requirements of this subchapter;

(b) A description of the nameplate generating capacity and expected monthly and annual output of the net-metering facility in kilowatt hours;

(c) The estimated annual degradation to the net-metering facility;

(d) An estimated timeline for the installation of the net-metering facility;

(e) The total cost of the net-metering facility;

(f) The amounts due at the signing for and at the completion of the installation;

(g) The payment schedule;

(h) The payback period;

(i) The forecasted savings monthly and annual bill savings provided by the proposed net-metering facility in dollars based on the rate structure as defined in § 23-18-606 ;

(j) A description of any warranties;

(k) The length of the term of any warranties; and

(l) Notice that the prospective or existing net-metering customer may file a complaint with the Attorney General;

(B) Perform an energy efficiency audit on the potential or existing net-metering customer's premises and any customer meter locations to be served by the proposed net-metering facility as part of the proposal to sell or lease a net-metering facility or provide a net-metering service to a net-metering customer under the Arkansas Cost-Shifting Prevention Act of 2023, § 23-18-601 et seq., or inform the prospective or existing net-metering customer of how to obtain an energy efficiency audit; and

(C) Inform the prospective or existing net-metering customer of the available energy efficiency measures to address the results of the audit as part of the proposal to sell or lease a net-metering facility or provide a net-metering service to a net-metering customer under the Arkansas Cost-Shifting Prevention Act of 2023, § 23-18-601 et seq.;

(2) Demonstration to the prospective or existing net-metering customer that the proposed net-metering facility meets all applicable safety requirements and standards; and

(3) Demonstration to the prospective or existing net-metering customer that the person who sells or leases a net-metering facility or who provides a net metering service to a net metering customer holds: (A) All required permits to install, construct, or operate a net-metering facility in the state, and, if the governing county, city, or local authority does not require an electrical inspection, an executed certification that no electrical inspection or permit is required; and (B) (i) A single ten thousand dollar ($10,000) bond obtained under § 17-25-404 ; (ii) Commercial general liability insurance coverage with a limit of at least one million dollars ($1,000,000); and (iii) An applicable contractor's license issued by the Contractors Licensing Board obtained prior to conducting business.

(A) All required permits to install, construct, or operate a net-metering facility in the state, and, if the governing county, city, or local authority does not require an electrical inspection, an executed certification that no electrical inspection or permit is required; and

(B) (i) A single ten thousand dollar ($10,000) bond obtained under § 17-25-404 ; (ii) Commercial general liability insurance coverage with a limit of at least one million dollars ($1,000,000); and (iii) An applicable contractor's license issued by the Contractors Licensing Board obtained prior to conducting business.

(i) A single ten thousand dollar ($10,000) bond obtained under § 17-25-404 ;

(ii) Commercial general liability insurance coverage with a limit of at least one million dollars ($1,000,000); and

(iii) An applicable contractor's license issued by the Contractors Licensing Board obtained prior to conducting business.

Amended by Act 2023, No. 476,§ 1, eff. 4/4/2023.

Added by Act 2023, No. 278,§ 2, eff. 3/13/2023.
Ark. Code Ann. § 4-37-702 — AR Code / Title 4 / Chapter 37 / Subchapter 7 / Section 4-37-702
No attribution of activities constituting doing business or for establishing jurisdiction
Status: in_force

In determining whether a foreign series limited liability company or foreign protected series of the company does business in this state or is subject to the personal jurisdiction of the courts of this state: (1) the activities and affairs of the company are not attributable to a foreign protected series of the company solely by reason of the foreign protected series being a foreign protected series of the company; and (2) the activities and affairs of a foreign protected series are not attributable to the company or another foreign protected series of the company solely by reason of the foreign protected series being a foreign protected series of the company. Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.

In determining whether a foreign series limited liability company or foreign protected series of the company does business in this state or is subject to the personal jurisdiction of the courts of this state:

(1) the activities and affairs of the company are not attributable to a foreign protected series of the company solely by reason of the foreign protected series being a foreign protected series of the company; and

(2) the activities and affairs of a foreign protected series are not attributable to the company or another foreign protected series of the company solely by reason of the foreign protected series being a foreign protected series of the company.

Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 4-28-418 — AR Code / Title 4 / Chapter 28 / Subchapter 4 / Section 4-28-418
Limitations on regulation by a public agency
Status: in_force

(a) Except where specifically required or authorized by federal law, no state agency or state official shall impose an annual filing or reporting requirement on a nonprofit organization regulated or specifically exempted from regulation under this chapter that is more stringent, restrictive, or expansive than the requirements authorized by state statute. (b) The exception under subsection (a) of this section shall not: (1) Apply to: (A) State grants and contracts; (B) Fraud investigations; (C) Regulation or licensing of entities by the Department of Human Services; or (D) Regulation or licensing by the Department of Labor and Licensing; (2) Restrict enforcement actions against specific nonprofit organizations; or (3) Restrict or limit the functions, powers, and duties granted to the Attorney General to investigate violations of state or federal law and to enforce state or federal law. Added by Act 2021, No. 1021,§ 1, eff. 7/28/2021.

(a) Except where specifically required or authorized by federal law, no state agency or state official shall impose an annual filing or reporting requirement on a nonprofit organization regulated or specifically exempted from regulation under this chapter that is more stringent, restrictive, or expansive than the requirements authorized by state statute.

(b) The exception under subsection (a) of this section shall not: (1) Apply to: (A) State grants and contracts; (B) Fraud investigations; (C) Regulation or licensing of entities by the Department of Human Services; or (D) Regulation or licensing by the Department of Labor and Licensing; (2) Restrict enforcement actions against specific nonprofit organizations; or (3) Restrict or limit the functions, powers, and duties granted to the Attorney General to investigate violations of state or federal law and to enforce state or federal law.

(1) Apply to: (A) State grants and contracts; (B) Fraud investigations; (C) Regulation or licensing of entities by the Department of Human Services; or (D) Regulation or licensing by the Department of Labor and Licensing;

(A) State grants and contracts;

(B) Fraud investigations;

(C) Regulation or licensing of entities by the Department of Human Services; or

(D) Regulation or licensing by the Department of Labor and Licensing;

(2) Restrict enforcement actions against specific nonprofit organizations; or

(3) Restrict or limit the functions, powers, and duties granted to the Attorney General to investigate violations of state or federal law and to enforce state or federal law.

Added by Act 2021, No. 1021,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 4-46-103 — AR Code / Title 4 / Chapter 46 / Subchapter 1 / Section 4-46-103
Effect of partnership agreement - Nonwaivable provisions
Status: in_force

(a) Except as otherwise provided in subsection (b) of this section, relations among the partners and between the partners and the partnership are governed by the partnership agreement. To the extent the partnership agreement does not otherwise provide, this chapter governs relations among the partners and between the partners and the partnership. (b) The partnership agreement may not: (1) vary the rights and duties under § 4-46-105 except to eliminate the duty to provide copies of statements to all of the partners; (2) unreasonably restrict the right of access to books and records under § 4-46-403(b) ; (3) eliminate the duty of loyalty under § 4-46-404(b) or § 4-46-603(b)(3) , but: (i) the partnership agreement may identify specific types or categories of activities that do not violate the duty of loyalty, if not manifestly unreasonable; or (ii) all of the partners or a number or percentage specified in the partnership agreement may authorize or ratify, after full disclosure of all material facts, a specific act or transaction that otherwise would violate the duty of loyalty; (4) unreasonably reduce the duty of care under § 4-46-404(c) or § 4-46-603(b)(3) ; (5) eliminate the obligation of good faith and fair dealing under § 4-46-404(d) , but the partnership agreement may prescribe the standards by which the performance of the obligation is to be measured, if the standards are not manifestly unreasonable; (6) vary the power to dissociate as a partner under § 4-46-602(a) , except to require the notice under § 4-46-601(1) to be in writing; (7) vary the right of a court to expel a partner in the events specified in § 4-46-601(5) ; (8) vary the requirement to wind up the partnership business in cases specified in § 4-46-801(4), (5), or (6) ; (9) vary the law applicable to a limited liability partnership under § 4-46-106(b) ; or (10) restrict rights of third parties under this chapter. Acts 1999, No. 1518, § 103.

(a) Except as otherwise provided in subsection (b) of this section, relations among the partners and between the partners and the partnership are governed by the partnership agreement. To the extent the partnership agreement does not otherwise provide, this chapter governs relations among the partners and between the partners and the partnership.

(b) The partnership agreement may not: (1) vary the rights and duties under § 4-46-105 except to eliminate the duty to provide copies of statements to all of the partners; (2) unreasonably restrict the right of access to books and records under § 4-46-403(b) ; (3) eliminate the duty of loyalty under § 4-46-404(b) or § 4-46-603(b)(3) , but: (i) the partnership agreement may identify specific types or categories of activities that do not violate the duty of loyalty, if not manifestly unreasonable; or (ii) all of the partners or a number or percentage specified in the partnership agreement may authorize or ratify, after full disclosure of all material facts, a specific act or transaction that otherwise would violate the duty of loyalty; (4) unreasonably reduce the duty of care under § 4-46-404(c) or § 4-46-603(b)(3) ; (5) eliminate the obligation of good faith and fair dealing under § 4-46-404(d) , but the partnership agreement may prescribe the standards by which the performance of the obligation is to be measured, if the standards are not manifestly unreasonable; (6) vary the power to dissociate as a partner under § 4-46-602(a) , except to require the notice under § 4-46-601(1) to be in writing; (7) vary the right of a court to expel a partner in the events specified in § 4-46-601(5) ; (8) vary the requirement to wind up the partnership business in cases specified in § 4-46-801(4), (5), or (6) ; (9) vary the law applicable to a limited liability partnership under § 4-46-106(b) ; or (10) restrict rights of third parties under this chapter.

(1) vary the rights and duties under § 4-46-105 except to eliminate the duty to provide copies of statements to all of the partners;

(2) unreasonably restrict the right of access to books and records under § 4-46-403(b) ;

(3) eliminate the duty of loyalty under § 4-46-404(b) or § 4-46-603(b)(3) , but: (i) the partnership agreement may identify specific types or categories of activities that do not violate the duty of loyalty, if not manifestly unreasonable; or (ii) all of the partners or a number or percentage specified in the partnership agreement may authorize or ratify, after full disclosure of all material facts, a specific act or transaction that otherwise would violate the duty of loyalty;

(i) the partnership agreement may identify specific types or categories of activities that do not violate the duty of loyalty, if not manifestly unreasonable; or

(ii) all of the partners or a number or percentage specified in the partnership agreement may authorize or ratify, after full disclosure of all material facts, a specific act or transaction that otherwise would violate the duty of loyalty;

(4) unreasonably reduce the duty of care under § 4-46-404(c) or § 4-46-603(b)(3) ;

(5) eliminate the obligation of good faith and fair dealing under § 4-46-404(d) , but the partnership agreement may prescribe the standards by which the performance of the obligation is to be measured, if the standards are not manifestly unreasonable;

(6) vary the power to dissociate as a partner under § 4-46-602(a) , except to require the notice under § 4-46-601(1) to be in writing;

(7) vary the right of a court to expel a partner in the events specified in § 4-46-601(5) ;

(8) vary the requirement to wind up the partnership business in cases specified in § 4-46-801(4), (5), or (6) ;

(9) vary the law applicable to a limited liability partnership under § 4-46-106(b) ; or

(10) restrict rights of third parties under this chapter.

Acts 1999, No. 1518, § 103.
Ark. Code Ann. § 4-28-501 — AR Code / Title 4 / Chapter 28 / Subchapter 5 / Section 4-28-501
et seq - [Repealed]
Status: repealed

Acts 1997, No. 858, § 1.
Ark. Code Ann. § 4-75-503 — AR Code / Title 4 / Chapter 75 / Subchapter 5 / Section 4-75-503
Furnishing or transmitting news
Status: in_force

(a) (1) (A) All corporations, companies, individuals, associations, or persons associated for the purpose of furnishing news for publication in newspapers and engaged in furnishing news for publication shall furnish the service to all newspapers, persons, companies, or corporations authorized to do business under the laws of this state at uniform rates and without discrimination. (B) The service shall be given in the same manner and at the same cost to all. (2) No increase in the rate charged for such news service shall apply in this state unless the increased rates shall be made in conformity with the uniform increased rates made for all other points wherever the news service may be furnished by the persons, companies, corporations, associations, or companies associated. (b) (1) Any person, association, company, or corporation associated violating the provisions of this section shall be guilty of a violation and fined in any sum not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000). (2) Each day's violation shall constitute a separate offense and shall be punished as such. (c) (1) Any telegraph company or telephone company transmitting or permitting to be transmitted over its lines, by lease or otherwise, or which shall receive for transmission over any of its lines from any persons, companies, corporations, associations, or persons associated, any news item, the transmission of which is prohibited by this section, shall be guilty of a violation and punished by a fine of not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000). (2) The Attorney General or any prosecuting attorney of the state is empowered, authorized, and directed to bring suit in the name of the State of Arkansas for the recovery of the penalty prescribed by subdivision (c)(1) of this section. (d) Any person, company, corporation, or any association of persons against whom a discrimination shall be made in the rate charged or of services rendered by any association, company, corporation, or persons associated in the furnishing of news service or to whom such news service is refused shall be entitled to recover damages in any sum not less than one thousand dollars ($1,000) per day for each day of the discrimination or refusal. Acts 1913, No. 51, §§ 1-4; C. & M. Dig., §§ 79651/2-7968; Pope's Dig., §§ 10358-10361; A.S.A. 1947, §§ 70-126 -- 70-129; Acts 2005, No. 1994, § 39.

(a) (1) (A) All corporations, companies, individuals, associations, or persons associated for the purpose of furnishing news for publication in newspapers and engaged in furnishing news for publication shall furnish the service to all newspapers, persons, companies, or corporations authorized to do business under the laws of this state at uniform rates and without discrimination. (B) The service shall be given in the same manner and at the same cost to all. (2) No increase in the rate charged for such news service shall apply in this state unless the increased rates shall be made in conformity with the uniform increased rates made for all other points wherever the news service may be furnished by the persons, companies, corporations, associations, or companies associated.

(1) (A) All corporations, companies, individuals, associations, or persons associated for the purpose of furnishing news for publication in newspapers and engaged in furnishing news for publication shall furnish the service to all newspapers, persons, companies, or corporations authorized to do business under the laws of this state at uniform rates and without discrimination. (B) The service shall be given in the same manner and at the same cost to all.

(A) All corporations, companies, individuals, associations, or persons associated for the purpose of furnishing news for publication in newspapers and engaged in furnishing news for publication shall furnish the service to all newspapers, persons, companies, or corporations authorized to do business under the laws of this state at uniform rates and without discrimination.

(B) The service shall be given in the same manner and at the same cost to all.

(2) No increase in the rate charged for such news service shall apply in this state unless the increased rates shall be made in conformity with the uniform increased rates made for all other points wherever the news service may be furnished by the persons, companies, corporations, associations, or companies associated.

(b) (1) Any person, association, company, or corporation associated violating the provisions of this section shall be guilty of a violation and fined in any sum not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000). (2) Each day's violation shall constitute a separate offense and shall be punished as such.

(1) Any person, association, company, or corporation associated violating the provisions of this section shall be guilty of a violation and fined in any sum not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000).

(2) Each day's violation shall constitute a separate offense and shall be punished as such.

(c) (1) Any telegraph company or telephone company transmitting or permitting to be transmitted over its lines, by lease or otherwise, or which shall receive for transmission over any of its lines from any persons, companies, corporations, associations, or persons associated, any news item, the transmission of which is prohibited by this section, shall be guilty of a violation and punished by a fine of not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000). (2) The Attorney General or any prosecuting attorney of the state is empowered, authorized, and directed to bring suit in the name of the State of Arkansas for the recovery of the penalty prescribed by subdivision (c)(1) of this section.

(1) Any telegraph company or telephone company transmitting or permitting to be transmitted over its lines, by lease or otherwise, or which shall receive for transmission over any of its lines from any persons, companies, corporations, associations, or persons associated, any news item, the transmission of which is prohibited by this section, shall be guilty of a violation and punished by a fine of not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000).

(2) The Attorney General or any prosecuting attorney of the state is empowered, authorized, and directed to bring suit in the name of the State of Arkansas for the recovery of the penalty prescribed by subdivision (c)(1) of this section.

(d) Any person, company, corporation, or any association of persons against whom a discrimination shall be made in the rate charged or of services rendered by any association, company, corporation, or persons associated in the furnishing of news service or to whom such news service is refused shall be entitled to recover damages in any sum not less than one thousand dollars ($1,000) per day for each day of the discrimination or refusal.

Acts 1913, No. 51, §§ 1-4; C. & M. Dig., §§ 79651/2-7968; Pope's Dig., §§ 10358-10361; A.S.A. 1947, §§ 70-126 -- 70-129; Acts 2005, No. 1994, § 39.
Ark. Code Ann. § 4-88-108 — AR Code / Title 4 / Chapter 88 / Subchapter 1 / Section 4-88-108
Concealment, suppression, or omission of material facts
Status: in_force

(a) When utilized in connection with the sale or advertisement of any goods, services, or charitable solicitation, the following is unlawful: (1) The act, use, or employment by a person of any deception, fraud, or false pretense; (2) The concealment, suppression, or omission of any material fact with intent that others rely upon the concealment, suppression, or omission; (3) Displaying or causing to be displayed a fictitious or misleading name or telephone number on an Arkansas resident's caller identification service; or (4) Using a third party to display or cause to be displayed a fictitious or misleading name or telephone number on an Arkansas resident's caller identification service. (b) Subdivision (a)(3) of this section does not apply to the transmission of a caller identification service by a telecommunications provider that complies with § 23-17-122 . Amended by Act 2019, No. 677,§ 3, eff. 7/24/2019. Acts 1971, No. 92, § 4; A.S.A. 1947, § 70-904; Acts 1991, No. 1177, § 3; 1995, No. 836, § 2.

(a) When utilized in connection with the sale or advertisement of any goods, services, or charitable solicitation, the following is unlawful: (1) The act, use, or employment by a person of any deception, fraud, or false pretense; (2) The concealment, suppression, or omission of any material fact with intent that others rely upon the concealment, suppression, or omission; (3) Displaying or causing to be displayed a fictitious or misleading name or telephone number on an Arkansas resident's caller identification service; or (4) Using a third party to display or cause to be displayed a fictitious or misleading name or telephone number on an Arkansas resident's caller identification service.

(1) The act, use, or employment by a person of any deception, fraud, or false pretense;

(2) The concealment, suppression, or omission of any material fact with intent that others rely upon the concealment, suppression, or omission;

(3) Displaying or causing to be displayed a fictitious or misleading name or telephone number on an Arkansas resident's caller identification service; or

(4) Using a third party to display or cause to be displayed a fictitious or misleading name or telephone number on an Arkansas resident's caller identification service.

(b) Subdivision (a)(3) of this section does not apply to the transmission of a caller identification service by a telecommunications provider that complies with § 23-17-122 .

Amended by Act 2019, No. 677,§ 3, eff. 7/24/2019.

Acts 1971, No. 92, § 4; A.S.A. 1947, § 70-904; Acts 1991, No. 1177, § 3; 1995, No. 836, § 2.
Ark. Code Ann. § 4-95-107 — AR Code / Title 4 / Chapter 95 / Section 4-95-107
Exemptions
Status: in_force

This chapter shall not apply to a consumer product transaction: (1) That has been made in accordance with prior negotiations in the course of a visit by the consumer to a merchant operating a business establishment that has a fixed permanent location and where the consumer products are displayed or offered for sale, lease, or rent on a continuing basis; (2) When the business establishment making the solicitation has made a related prior sale to the consumer or has a clear, continuing business relationship with the consumer, provided that the relationship resulted in the consumer's becoming aware of the full name, business address, and telephone number of the establishment; or (3) When the consumer obtains a consumer product pursuant to an examination of a television, radio, or print advertisement or a sample brochure, catalog, or other mailed material of the product promoter which contains: (A) The name, address, and telephone number of the product promoter; (B) A full description of the consumer product along with a list of the price or fee being requested, including any handling, shipping, or delivery charge; and (C) Any limitations or restrictions that apply to the offer. Acts 1991, No. 680, § 5; 1993, No. 139, § 7.

This chapter shall not apply to a consumer product transaction:

(1) That has been made in accordance with prior negotiations in the course of a visit by the consumer to a merchant operating a business establishment that has a fixed permanent location and where the consumer products are displayed or offered for sale, lease, or rent on a continuing basis;

(2) When the business establishment making the solicitation has made a related prior sale to the consumer or has a clear, continuing business relationship with the consumer, provided that the relationship resulted in the consumer's becoming aware of the full name, business address, and telephone number of the establishment; or

(3) When the consumer obtains a consumer product pursuant to an examination of a television, radio, or print advertisement or a sample brochure, catalog, or other mailed material of the product promoter which contains: (A) The name, address, and telephone number of the product promoter; (B) A full description of the consumer product along with a list of the price or fee being requested, including any handling, shipping, or delivery charge; and (C) Any limitations or restrictions that apply to the offer.

(A) The name, address, and telephone number of the product promoter;

(B) A full description of the consumer product along with a list of the price or fee being requested, including any handling, shipping, or delivery charge; and

(C) Any limitations or restrictions that apply to the offer.

Acts 1991, No. 680, § 5; 1993, No. 139, § 7.
Ark. Code Ann. § 4-29-408 — AR Code / Title 4 / Chapter 29 / Subchapter 4 / Section 4-29-408
Certificate of registration - Issuance, renewal, etc
Status: in_force

(a) No corporation shall open, operate, or maintain an establishment for any of the purposes set forth in § 4-29-404 without a certificate of registration from the Arkansas State Board of Dental Examiners. (b) Application for the registration shall be made to the board in writing and shall contain the name and address of the corporation and such other information as may be required by the board. (c) (1) Upon receipt of the application, the board shall make an investigation of the corporation. (2) If the board finds that the incorporators, officers, directors, and shareholders are each licensed pursuant to the Arkansas Dental Practice Act, § 17-82-101 et seq., and if no disciplinary action is pending before the board against any of them, and if it appears that the corporation will be conducted in compliance with law and the rules of the board, the board shall issue upon payment of a registration fee of twenty-five dollars ($25.00) a certificate of registration which shall remain effective until January 1 following the date of the registration. (d) Upon written application of the holder, accompanied by a fee of ten dollars ($10.00), the board shall annually renew the certificate of registration if the board finds that the corporation has complied with its rules and the provisions of this subchapter. (e) The certificate of registration shall be conspicuously posted upon the premises to which it is applicable. (f) In the event of a change of location of the registered establishment, the board, in accordance with its rules, shall amend the certificate of registration so that it shall apply to the new location. (g) No certificate of registration shall be assignable. Amended by Act 2019, No. 315,§ 122, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 121, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 120, eff. 7/24/2019. Acts 1961, No. 471, §§ 5-9; A.S.A. 1947, §§ 64-1805 -- 64-1809.

(a) No corporation shall open, operate, or maintain an establishment for any of the purposes set forth in § 4-29-404 without a certificate of registration from the Arkansas State Board of Dental Examiners.

(b) Application for the registration shall be made to the board in writing and shall contain the name and address of the corporation and such other information as may be required by the board.

(c) (1) Upon receipt of the application, the board shall make an investigation of the corporation. (2) If the board finds that the incorporators, officers, directors, and shareholders are each licensed pursuant to the Arkansas Dental Practice Act, § 17-82-101 et seq., and if no disciplinary action is pending before the board against any of them, and if it appears that the corporation will be conducted in compliance with law and the rules of the board, the board shall issue upon payment of a registration fee of twenty-five dollars ($25.00) a certificate of registration which shall remain effective until January 1 following the date of the registration.

(1) Upon receipt of the application, the board shall make an investigation of the corporation.

(2) If the board finds that the incorporators, officers, directors, and shareholders are each licensed pursuant to the Arkansas Dental Practice Act, § 17-82-101 et seq., and if no disciplinary action is pending before the board against any of them, and if it appears that the corporation will be conducted in compliance with law and the rules of the board, the board shall issue upon payment of a registration fee of twenty-five dollars ($25.00) a certificate of registration which shall remain effective until January 1 following the date of the registration.

(d) Upon written application of the holder, accompanied by a fee of ten dollars ($10.00), the board shall annually renew the certificate of registration if the board finds that the corporation has complied with its rules and the provisions of this subchapter.

(e) The certificate of registration shall be conspicuously posted upon the premises to which it is applicable.

(f) In the event of a change of location of the registered establishment, the board, in accordance with its rules, shall amend the certificate of registration so that it shall apply to the new location.

(g) No certificate of registration shall be assignable.

Amended by Act 2019, No. 315,§ 122, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 121, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 120, eff. 7/24/2019.

Acts 1961, No. 471, §§ 5-9; A.S.A. 1947, §§ 64-1805 -- 64-1809.
Ark. Code Ann. § 4-88-1203 — AR Code / Title 4 / Chapter 88 / Subchapter 12 / Section 4-88-1203
Prohibitions by local government - Resale of tickets
Status: in_force

(a) (1) A local government shall not enact or adopt an ordinance, policy, regulation, or action that prohibits the sale or resale of a ticket for admission to a legal event at any price or prohibits the charge of any fee in connection with the sale or resale. (2) This section shall not be construed to prevent the enforcement of an ordinance relating to any criminal activity, consumer fraud, false advertising, or other deceptive business or trade practices. (b) (1) Unless otherwise permitted by a ticket issuer, if an individual, organization, group, association, partnership, or corporation knowingly purchases from the ticket issuer a quantity of tickets to an event that exceeds the maximum ticket limit quantity posted by, or on behalf of, the ticket issuer at the point of original sale or printed on the tickets, and intends to resell the tickets in violation of this subchapter is a violation of § 4-88-107 . (2) An individual, organization, group, association, partnership, or corporation is not liable under this section with respect to tickets if that individual or collective is the ticket issuer. (c) (1) Except as provided in subdivision (c)(2) of this section, an individual, public or private entity, organization, group, association, partnership, or corporation that offers for resale or resells a ticket may charge any amount that the market may reasonably dictate above the admission price charged by the ticket issuer. (2) For a period of no less than ten (10) days, an institution of higher education or its designee shall place a ticket to a collegiate sporting event held in this state that is available for sale to the general public, at a price no greater than the face value of the ticket, but may include associated transactional fees and costs. (d) Under this subchapter, a ticket to a collegiate sporting event designated as being "for sale to the general public" shall not include: (1) Tickets to events issued, hosted, or sold by a third-party vendor; (2) Tickets reserved by an institution of higher education for fundraising directly or through an affiliated entity; (3) Tickets for internal or complimentary usage; or (4) Tickets reserved to meet contractual obligations of the institution of higher education or its affiliated entities. (e) Except as provided in subsection (f) of this section, a platform operator shall not intentionally use an internet domain name, or any subdomain thereof, in a ticketing platform's uniform resource location that contains any of the following: (1) The name of any specific team, league, or venue where events are held; (2) The name of the exhibition or performance or of another event described in subsection (f) of this section, including the name of a person, team, performance, group, or entity scheduled to perform at the event or venue; (3) Any trademark not owned by the platform operator, including without limitation trademarks owned by authorized agents or partners of the venue or event identified in subdivision (e)(1) or subdivision (e)(2) of this section; or (4) Any name or names substantially similar to those in subdivision (e)(1) or subdivision (e)(2) of this section, including without limitation any misspellings of any name or names described in subdivision (e)(1) or subdivision (e)(2) of this section. (f) Subsection (e) of this section does not apply to a platform operator who is authorized by any persons or entities identified in subdivision (e)(1) or subdivision (e)(2) of this section to act on the venue, performer, team, or event's behalf with respect to the sale or resale of tickets. (g) An individual, organization, group, association, partnership, or corporation shall not knowingly sell, give, transfer, use, distribute, or possess with the intent to sell, give, or distribute software that is primarily designed or produced for the purpose of interfering with the operations of any ticket issuer that sells, through a ticketing platform, tickets for admission to an event by circumventing any security measures on the ticket issuer's ticketing platform, circumventing any access control systems of the ticket issuer's ticketing platform, or circumventing any controls or measures that are instituted by the ticket issuer on the ticketing platform to ensure an equitable ticket purchasing process. (h) A violation of this section is an unfair or deceptive trade practice as defined in § 4-88-107 and subject to the enforcement and penalty provisions contained therein. Added by Act 2023, No. 590,§ 1, eff. 4/11/2023.

(a) (1) A local government shall not enact or adopt an ordinance, policy, regulation, or action that prohibits the sale or resale of a ticket for admission to a legal event at any price or prohibits the charge of any fee in connection with the sale or resale. (2) This section shall not be construed to prevent the enforcement of an ordinance relating to any criminal activity, consumer fraud, false advertising, or other deceptive business or trade practices.

(1) A local government shall not enact or adopt an ordinance, policy, regulation, or action that prohibits the sale or resale of a ticket for admission to a legal event at any price or prohibits the charge of any fee in connection with the sale or resale.

(2) This section shall not be construed to prevent the enforcement of an ordinance relating to any criminal activity, consumer fraud, false advertising, or other deceptive business or trade practices.

(b) (1) Unless otherwise permitted by a ticket issuer, if an individual, organization, group, association, partnership, or corporation knowingly purchases from the ticket issuer a quantity of tickets to an event that exceeds the maximum ticket limit quantity posted by, or on behalf of, the ticket issuer at the point of original sale or printed on the tickets, and intends to resell the tickets in violation of this subchapter is a violation of § 4-88-107 . (2) An individual, organization, group, association, partnership, or corporation is not liable under this section with respect to tickets if that individual or collective is the ticket issuer.

(1) Unless otherwise permitted by a ticket issuer, if an individual, organization, group, association, partnership, or corporation knowingly purchases from the ticket issuer a quantity of tickets to an event that exceeds the maximum ticket limit quantity posted by, or on behalf of, the ticket issuer at the point of original sale or printed on the tickets, and intends to resell the tickets in violation of this subchapter is a violation of § 4-88-107 .

(2) An individual, organization, group, association, partnership, or corporation is not liable under this section with respect to tickets if that individual or collective is the ticket issuer.

(c) (1) Except as provided in subdivision (c)(2) of this section, an individual, public or private entity, organization, group, association, partnership, or corporation that offers for resale or resells a ticket may charge any amount that the market may reasonably dictate above the admission price charged by the ticket issuer. (2) For a period of no less than ten (10) days, an institution of higher education or its designee shall place a ticket to a collegiate sporting event held in this state that is available for sale to the general public, at a price no greater than the face value of the ticket, but may include associated transactional fees and costs.

(1) Except as provided in subdivision (c)(2) of this section, an individual, public or private entity, organization, group, association, partnership, or corporation that offers for resale or resells a ticket may charge any amount that the market may reasonably dictate above the admission price charged by the ticket issuer.

(2) For a period of no less than ten (10) days, an institution of higher education or its designee shall place a ticket to a collegiate sporting event held in this state that is available for sale to the general public, at a price no greater than the face value of the ticket, but may include associated transactional fees and costs.

(d) Under this subchapter, a ticket to a collegiate sporting event designated as being "for sale to the general public" shall not include: (1) Tickets to events issued, hosted, or sold by a third-party vendor; (2) Tickets reserved by an institution of higher education for fundraising directly or through an affiliated entity; (3) Tickets for internal or complimentary usage; or (4) Tickets reserved to meet contractual obligations of the institution of higher education or its affiliated entities.

(1) Tickets to events issued, hosted, or sold by a third-party vendor;

(2) Tickets reserved by an institution of higher education for fundraising directly or through an affiliated entity;

(3) Tickets for internal or complimentary usage; or

(4) Tickets reserved to meet contractual obligations of the institution of higher education or its affiliated entities.

(e) Except as provided in subsection (f) of this section, a platform operator shall not intentionally use an internet domain name, or any subdomain thereof, in a ticketing platform's uniform resource location that contains any of the following: (1) The name of any specific team, league, or venue where events are held; (2) The name of the exhibition or performance or of another event described in subsection (f) of this section, including the name of a person, team, performance, group, or entity scheduled to perform at the event or venue; (3) Any trademark not owned by the platform operator, including without limitation trademarks owned by authorized agents or partners of the venue or event identified in subdivision (e)(1) or subdivision (e)(2) of this section; or (4) Any name or names substantially similar to those in subdivision (e)(1) or subdivision (e)(2) of this section, including without limitation any misspellings of any name or names described in subdivision (e)(1) or subdivision (e)(2) of this section.

(1) The name of any specific team, league, or venue where events are held;

(2) The name of the exhibition or performance or of another event described in subsection (f) of this section, including the name of a person, team, performance, group, or entity scheduled to perform at the event or venue;

(3) Any trademark not owned by the platform operator, including without limitation trademarks owned by authorized agents or partners of the venue or event identified in subdivision (e)(1) or subdivision (e)(2) of this section; or

(4) Any name or names substantially similar to those in subdivision (e)(1) or subdivision (e)(2) of this section, including without limitation any misspellings of any name or names described in subdivision (e)(1) or subdivision (e)(2) of this section.

(f) Subsection (e) of this section does not apply to a platform operator who is authorized by any persons or entities identified in subdivision (e)(1) or subdivision (e)(2) of this section to act on the venue, performer, team, or event's behalf with respect to the sale or resale of tickets.

(g) An individual, organization, group, association, partnership, or corporation shall not knowingly sell, give, transfer, use, distribute, or possess with the intent to sell, give, or distribute software that is primarily designed or produced for the purpose of interfering with the operations of any ticket issuer that sells, through a ticketing platform, tickets for admission to an event by circumventing any security measures on the ticket issuer's ticketing platform, circumventing any access control systems of the ticket issuer's ticketing platform, or circumventing any controls or measures that are instituted by the ticket issuer on the ticketing platform to ensure an equitable ticket purchasing process.

(h) A violation of this section is an unfair or deceptive trade practice as defined in § 4-88-107 and subject to the enforcement and penalty provisions contained therein.

Added by Act 2023, No. 590,§ 1, eff. 4/11/2023.
Ark. Code Ann. § 4-90-502 — AR Code / Title 4 / Chapter 90 / Subchapter 5 / Section 4-90-502
Definitions
Status: in_force

As used in this subchapter: (1) "Affiliate" means an entity that is owned at least fifty-one percent (51%) by the same entity that holds at least fifty-one percent (51%) of the seller of a motor vehicle; (2) "Commissioner" means the Insurance Commissioner for the State of Arkansas; (3) (A) "Incidental costs" means expenses specified in a theft protection program warranty that are incurred by the warranty holder due to the failure of a theft protection program to perform as provided in the contract. (B) "Incidental costs" may include without limitation: (i) Insurance policy deductibles; (ii) Rental vehicle charges; (iii) The difference between the actual value of the stolen motor vehicle at the time of theft and the cost of a replacement motor vehicle; (iv) Sales tax; (v) Registration fees; (vi) Transaction fees; and (vii) Mechanical inspection fees. (C) Incidental costs may be reimbursed in either: (i) A fixed amount specified in the theft protection program warranty; or (ii) By use of a formula itemizing specific incidental costs incurred by the warranty holder; (4) "Mechanical breakdown insurance" means a policy, contract, or agreement that undertakes to perform or provide repair or replacement service, or indemnification for such service, for the operational or structural failure of a motor vehicle due to a defect in materials or workmanship or normal wear and tear and that is issued by an insurer that is authorized or approved to transact the business of insurance in this state; (5) "Motor vehicle" means a vehicle designed for highway use and subject to registration under § 27-14-701 et seq.; (6) (A) "Motor vehicle service contract" or "service contract" means a contract or agreement given for separate and identifiable consideration that a service contract provider undertakes to perform or provide repair or replacement service, or indemnification for such service, for the operational or structural failure of a motor vehicle or any of its component parts due to a defect in materials or workmanship or normal wear and tear, with or without an additional provision for incidental payment of indemnity under limited circumstances, including without limitation towing, rental vehicle expense, and emergency road service, but does not include mechanical breakdown insurance. (B) "Motor vehicle service contract" includes a contract that provides any of the following services: (i) The repair or replacement of tires or wheels on a motor vehicle damaged as a result of coming into contact with road hazards; (ii) The removal of dents, dings, or creases on a motor vehicle that can be repaired using the process of paintless dent removal without affecting the existing paint finish and without replacing vehicle body panels, sanding, bonding, or painting; (iii) The repair of chips or cracks in or the replacement of motor vehicle windshields as a result of damage caused by road hazards; (iv) The replacement of a motor vehicle key or key fob in the event that the key or key fob becomes inoperable or is lost or stolen; or (v) Other services that may be approved by the commissioner, if not inconsistent with this subchapter; (7) "Motor vehicle service contract provider" or "provider" means a person who, as the principal or obligor, issues, makes, sells, or offers to sell a motor vehicle service contract; (8) "Reimbursement insurance policy" means a policy of insurance providing coverage for all obligations and liabilities incurred by a motor vehicle service contract provider or a warrantor under the terms of the motor vehicle service contracts issued or sold by the motor vehicle service contract provider or theft protection program warranties issued by a warrantor; (9) (A) "Road hazard" means a condition that is encountered while driving a motor vehicle. (B) "Road hazard" includes without limitation: (i) Potholes; (ii) Rocks; (iii) Wood debris; (iv) Metal parts; (v) Glass; (vi) Plastic; (vii) Curbs; or (viii) Composite scraps; (10) "Service contract holder" or "holder" means a person who purchases a service contract or a permitted transferee; (11) (A) "Theft protection program" means a device or system that: (i) Is installed on or applied to a motor vehicle; (ii) Is designed to prevent loss or damage to a motor vehicle from theft; and (iii) Includes a theft protection program warranty. (B) "Theft protection program" includes without limitation: (i) Alarm systems; (ii) Body part marking products; (iii) Steering locks; (iv) Window etch products; (v) Pedal and ignition locks; (vi) Fuel and ignition kill switches; and (vii) Electronic, radio, and satellite tracking devices. (C) "Theft protection program" does not include fuel additives, oil additives, or other chemical products that are applied to the engine, transmission, fuel system, or interior or exterior surfaces of a motor vehicle; (12) "Theft protection program warranty" means a written agreement by a warrantor that provides that if the theft protection program fails to prevent loss or damage to a motor vehicle from theft, the warrantor shall pay to or on behalf of the warranty holder any specified incidental costs as a result of the failure of the theft protection program to perform under the terms of the theft protection program warranty; (13) "Warrantor" means a person who is contractually obligated to the warranty holder under the terms of the theft protection program warranty; and (14) "Warranty holder" means a person who purchases a theft protection program, any authorized transferee or assignee of the purchaser, or any other person legally assuming the purchaser's rights under the theft protection program contract. Amended by Act 2017, No. 364,§ 1, eff. 8/1/2017. Acts 1993, No. 805, § 2.

As used in this subchapter:

(1) "Affiliate" means an entity that is owned at least fifty-one percent (51%) by the same entity that holds at least fifty-one percent (51%) of the seller of a motor vehicle;

(2) "Commissioner" means the Insurance Commissioner for the State of Arkansas;

(3) (A) "Incidental costs" means expenses specified in a theft protection program warranty that are incurred by the warranty holder due to the failure of a theft protection program to perform as provided in the contract. (B) "Incidental costs" may include without limitation: (i) Insurance policy deductibles; (ii) Rental vehicle charges; (iii) The difference between the actual value of the stolen motor vehicle at the time of theft and the cost of a replacement motor vehicle; (iv) Sales tax; (v) Registration fees; (vi) Transaction fees; and (vii) Mechanical inspection fees. (C) Incidental costs may be reimbursed in either: (i) A fixed amount specified in the theft protection program warranty; or (ii) By use of a formula itemizing specific incidental costs incurred by the warranty holder;

(A) "Incidental costs" means expenses specified in a theft protection program warranty that are incurred by the warranty holder due to the failure of a theft protection program to perform as provided in the contract.

(B) "Incidental costs" may include without limitation: (i) Insurance policy deductibles; (ii) Rental vehicle charges; (iii) The difference between the actual value of the stolen motor vehicle at the time of theft and the cost of a replacement motor vehicle; (iv) Sales tax; (v) Registration fees; (vi) Transaction fees; and (vii) Mechanical inspection fees.

(i) Insurance policy deductibles;

(ii) Rental vehicle charges;

(iii) The difference between the actual value of the stolen motor vehicle at the time of theft and the cost of a replacement motor vehicle;

(iv) Sales tax;

(v) Registration fees;

(vi) Transaction fees; and

(vii) Mechanical inspection fees.

(C) Incidental costs may be reimbursed in either: (i) A fixed amount specified in the theft protection program warranty; or (ii) By use of a formula itemizing specific incidental costs incurred by the warranty holder;

(i) A fixed amount specified in the theft protection program warranty; or

(ii) By use of a formula itemizing specific incidental costs incurred by the warranty holder;

(4) "Mechanical breakdown insurance" means a policy, contract, or agreement that undertakes to perform or provide repair or replacement service, or indemnification for such service, for the operational or structural failure of a motor vehicle due to a defect in materials or workmanship or normal wear and tear and that is issued by an insurer that is authorized or approved to transact the business of insurance in this state;

(5) "Motor vehicle" means a vehicle designed for highway use and subject to registration under § 27-14-701 et seq.;

(6) (A) "Motor vehicle service contract" or "service contract" means a contract or agreement given for separate and identifiable consideration that a service contract provider undertakes to perform or provide repair or replacement service, or indemnification for such service, for the operational or structural failure of a motor vehicle or any of its component parts due to a defect in materials or workmanship or normal wear and tear, with or without an additional provision for incidental payment of indemnity under limited circumstances, including without limitation towing, rental vehicle expense, and emergency road service, but does not include mechanical breakdown insurance. (B) "Motor vehicle service contract" includes a contract that provides any of the following services: (i) The repair or replacement of tires or wheels on a motor vehicle damaged as a result of coming into contact with road hazards; (ii) The removal of dents, dings, or creases on a motor vehicle that can be repaired using the process of paintless dent removal without affecting the existing paint finish and without replacing vehicle body panels, sanding, bonding, or painting; (iii) The repair of chips or cracks in or the replacement of motor vehicle windshields as a result of damage caused by road hazards; (iv) The replacement of a motor vehicle key or key fob in the event that the key or key fob becomes inoperable or is lost or stolen; or (v) Other services that may be approved by the commissioner, if not inconsistent with this subchapter;

(A) "Motor vehicle service contract" or "service contract" means a contract or agreement given for separate and identifiable consideration that a service contract provider undertakes to perform or provide repair or replacement service, or indemnification for such service, for the operational or structural failure of a motor vehicle or any of its component parts due to a defect in materials or workmanship or normal wear and tear, with or without an additional provision for incidental payment of indemnity under limited circumstances, including without limitation towing, rental vehicle expense, and emergency road service, but does not include mechanical breakdown insurance.

(B) "Motor vehicle service contract" includes a contract that provides any of the following services: (i) The repair or replacement of tires or wheels on a motor vehicle damaged as a result of coming into contact with road hazards; (ii) The removal of dents, dings, or creases on a motor vehicle that can be repaired using the process of paintless dent removal without affecting the existing paint finish and without replacing vehicle body panels, sanding, bonding, or painting; (iii) The repair of chips or cracks in or the replacement of motor vehicle windshields as a result of damage caused by road hazards; (iv) The replacement of a motor vehicle key or key fob in the event that the key or key fob becomes inoperable or is lost or stolen; or (v) Other services that may be approved by the commissioner, if not inconsistent with this subchapter;

(i) The repair or replacement of tires or wheels on a motor vehicle damaged as a result of coming into contact with road hazards;

(ii) The removal of dents, dings, or creases on a motor vehicle that can be repaired using the process of paintless dent removal without affecting the existing paint finish and without replacing vehicle body panels, sanding, bonding, or painting;

(iii) The repair of chips or cracks in or the replacement of motor vehicle windshields as a result of damage caused by road hazards;

(iv) The replacement of a motor vehicle key or key fob in the event that the key or key fob becomes inoperable or is lost or stolen; or

(v) Other services that may be approved by the commissioner, if not inconsistent with this subchapter;

(7) "Motor vehicle service contract provider" or "provider" means a person who, as the principal or obligor, issues, makes, sells, or offers to sell a motor vehicle service contract;

(8) "Reimbursement insurance policy" means a policy of insurance providing coverage for all obligations and liabilities incurred by a motor vehicle service contract provider or a warrantor under the terms of the motor vehicle service contracts issued or sold by the motor vehicle service contract provider or theft protection program warranties issued by a warrantor;

(9) (A) "Road hazard" means a condition that is encountered while driving a motor vehicle. (B) "Road hazard" includes without limitation: (i) Potholes; (ii) Rocks; (iii) Wood debris; (iv) Metal parts; (v) Glass; (vi) Plastic; (vii) Curbs; or (viii) Composite scraps;

(A) "Road hazard" means a condition that is encountered while driving a motor vehicle.

(B) "Road hazard" includes without limitation: (i) Potholes; (ii) Rocks; (iii) Wood debris; (iv) Metal parts; (v) Glass; (vi) Plastic; (vii) Curbs; or (viii) Composite scraps;

(i) Potholes;

(ii) Rocks;

(iii) Wood debris;

(iv) Metal parts;

(v) Glass;

(vi) Plastic;

(vii) Curbs; or

(viii) Composite scraps;

(10) "Service contract holder" or "holder" means a person who purchases a service contract or a permitted transferee;

(11) (A) "Theft protection program" means a device or system that: (i) Is installed on or applied to a motor vehicle; (ii) Is designed to prevent loss or damage to a motor vehicle from theft; and (iii) Includes a theft protection program warranty. (B) "Theft protection program" includes without limitation: (i) Alarm systems; (ii) Body part marking products; (iii) Steering locks; (iv) Window etch products; (v) Pedal and ignition locks; (vi) Fuel and ignition kill switches; and (vii) Electronic, radio, and satellite tracking devices. (C) "Theft protection program" does not include fuel additives, oil additives, or other chemical products that are applied to the engine, transmission, fuel system, or interior or exterior surfaces of a motor vehicle;

(A) "Theft protection program" means a device or system that: (i) Is installed on or applied to a motor vehicle; (ii) Is designed to prevent loss or damage to a motor vehicle from theft; and (iii) Includes a theft protection program warranty.

(i) Is installed on or applied to a motor vehicle;

(ii) Is designed to prevent loss or damage to a motor vehicle from theft; and

(iii) Includes a theft protection program warranty.

(B) "Theft protection program" includes without limitation: (i) Alarm systems; (ii) Body part marking products; (iii) Steering locks; (iv) Window etch products; (v) Pedal and ignition locks; (vi) Fuel and ignition kill switches; and (vii) Electronic, radio, and satellite tracking devices.

(i) Alarm systems;

(ii) Body part marking products;

(iii) Steering locks;

(iv) Window etch products;

(v) Pedal and ignition locks;

(vi) Fuel and ignition kill switches; and

(vii) Electronic, radio, and satellite tracking devices.

(C) "Theft protection program" does not include fuel additives, oil additives, or other chemical products that are applied to the engine, transmission, fuel system, or interior or exterior surfaces of a motor vehicle;

(12) "Theft protection program warranty" means a written agreement by a warrantor that provides that if the theft protection program fails to prevent loss or damage to a motor vehicle from theft, the warrantor shall pay to or on behalf of the warranty holder any specified incidental costs as a result of the failure of the theft protection program to perform under the terms of the theft protection program warranty;

(13) "Warrantor" means a person who is contractually obligated to the warranty holder under the terms of the theft protection program warranty; and

(14) "Warranty holder" means a person who purchases a theft protection program, any authorized transferee or assignee of the purchaser, or any other person legally assuming the purchaser's rights under the theft protection program contract.

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

Acts 1993, No. 805, § 2.
Ark. Code Ann. § 4-88-801 — AR Code / Title 4 / Chapter 88 / Subchapter 8 / Section 4-88-801
Title
Status: in_force

This subchapter shall be known and may be cited as the "Fair Disclosure of State Funded Payments for Pharmacists' Services Act". Acts 2009, No. 769, § 1.

This subchapter shall be known and may be cited as the "Fair Disclosure of State Funded Payments for Pharmacists' Services Act".

Acts 2009, No. 769, § 1.
Ark. Code Ann. § 4-94-102 — AR Code / Title 4 / Chapter 94 / Section 4-94-102
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Buyer" means a person who contracts for and purchases services under a health spa services contract; (2) "Contract for health spa services" means a written agreement whereby a buyer purchases or is obligated to purchase the health spa services or a right to use its facilities; (3) (A) "Health spa" means and includes any person, firm, corporation, organization, club, or association engaged in the sale of memberships in a program of physical exercise which includes the use of one (1) or more of a sauna, whirlpool, weightlifting room, massage, steam room, or exercising machine or device, or engaged in the sale of the right or privilege to use exercise equipment or facilities, such as a sauna, whirlpool, weightlifting room, massage, steam room, or exercising machine or device. (B) The term "health spa" shall not include the following: (i) Bona fide nonprofit organizations, including, but not limited to, the Young Men's Christian Association, Young Women's Christian Association, or similar organizations whose functions as health spas are only incidental to the overall functions and purposes; (ii) Any organization primarily operated for the purpose of teaching a particular form of martial arts, such as judo or karate; (iii) Any nonprofit public or private school, college, or university; (iv) Any country club; or (v) Weight-loss or weight-control services which do not provide physical exercise facilities and which do not obligate the customer for more than twenty-five (25) months; and (4) "Seller" means the person, corporation, partnership, association, or group that is engaged in the operation of the health spa, as defined in this section and who offers for sale the right to use health spa facilities or services, now or in the future. Acts 1989, No. 264, § 2.

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

(1) "Buyer" means a person who contracts for and purchases services under a health spa services contract;

(2) "Contract for health spa services" means a written agreement whereby a buyer purchases or is obligated to purchase the health spa services or a right to use its facilities;

(3) (A) "Health spa" means and includes any person, firm, corporation, organization, club, or association engaged in the sale of memberships in a program of physical exercise which includes the use of one (1) or more of a sauna, whirlpool, weightlifting room, massage, steam room, or exercising machine or device, or engaged in the sale of the right or privilege to use exercise equipment or facilities, such as a sauna, whirlpool, weightlifting room, massage, steam room, or exercising machine or device. (B) The term "health spa" shall not include the following: (i) Bona fide nonprofit organizations, including, but not limited to, the Young Men's Christian Association, Young Women's Christian Association, or similar organizations whose functions as health spas are only incidental to the overall functions and purposes; (ii) Any organization primarily operated for the purpose of teaching a particular form of martial arts, such as judo or karate; (iii) Any nonprofit public or private school, college, or university; (iv) Any country club; or (v) Weight-loss or weight-control services which do not provide physical exercise facilities and which do not obligate the customer for more than twenty-five (25) months; and

(A) "Health spa" means and includes any person, firm, corporation, organization, club, or association engaged in the sale of memberships in a program of physical exercise which includes the use of one (1) or more of a sauna, whirlpool, weightlifting room, massage, steam room, or exercising machine or device, or engaged in the sale of the right or privilege to use exercise equipment or facilities, such as a sauna, whirlpool, weightlifting room, massage, steam room, or exercising machine or device.

(B) The term "health spa" shall not include the following: (i) Bona fide nonprofit organizations, including, but not limited to, the Young Men's Christian Association, Young Women's Christian Association, or similar organizations whose functions as health spas are only incidental to the overall functions and purposes; (ii) Any organization primarily operated for the purpose of teaching a particular form of martial arts, such as judo or karate; (iii) Any nonprofit public or private school, college, or university; (iv) Any country club; or (v) Weight-loss or weight-control services which do not provide physical exercise facilities and which do not obligate the customer for more than twenty-five (25) months; and

(i) Bona fide nonprofit organizations, including, but not limited to, the Young Men's Christian Association, Young Women's Christian Association, or similar organizations whose functions as health spas are only incidental to the overall functions and purposes;

(ii) Any organization primarily operated for the purpose of teaching a particular form of martial arts, such as judo or karate;

(iii) Any nonprofit public or private school, college, or university;

(iv) Any country club; or

(v) Weight-loss or weight-control services which do not provide physical exercise facilities and which do not obligate the customer for more than twenty-five (25) months; and

(4) "Seller" means the person, corporation, partnership, association, or group that is engaged in the operation of the health spa, as defined in this section and who offers for sale the right to use health spa facilities or services, now or in the future.

Acts 1989, No. 264, § 2.
Ark. Code Ann. § 4-38-108 — AR Code / Title 4 / Chapter 38 / Subchapter 1 / Section 4-38-108
Nature, purpose, and duration of limited liability company
Status: in_force

(a) A limited liability company is an entity distinct from its member or members. (b) A limited liability company may have any lawful purpose, regardless of whether for profit. (c) A limited liability company has perpetual duration. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

(a) A limited liability company is an entity distinct from its member or members.

(b) A limited liability company may have any lawful purpose, regardless of whether for profit.

(c) A limited liability company has perpetual duration.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-56-103 — AR Code / Title 4 / Chapter 56 / Section 4-56-103
Reimbursement for taxes
Status: in_force

(a) (1) If a contract requires one (1) party to reimburse another party for the federal excise tax imposed by 26 U.S.C. § 4081 or 26 U.S.C. § 4091 , whether as a separate item or as part of the contract price, the reimbursing party at its option and notwithstanding contrary terms of the contract shall not be required to make the reimbursement more than one (1) business day before the day on which the reimbursed party must remit the taxes to the Internal Revenue Service. (2) Exercise of the option provided by subdivision (a)(1) of this section shall not relieve the reimbursing party of its obligation to make the reimbursement as required by the contract but shall affect only the timing of that reimbursement. (b) (1) Written notice of the reimbursing party's intent to exercise the option provided in subsection (a) of this section shall be given to the reimbursed party. (2) The notice shall state the effective date of the exercise of the option which shall be no earlier than thirty (30) days after the notice of intent is received by the reimbursed party or the beginning of the reimbursed party's next federal tax quarter, whichever is later. (c) (1) If a reimbursing party exercises the option provided in subsection (a) of this section, the reimbursed party may demand security for the payment of the taxes in proportion to the amount the taxes represent compared to the security demanded on the contract as a whole. (2) The reimbursed party may also require reimbursement to be made by electronic transfer of funds but may not change the other payment terms of the contract without a valid business reason. (d) (1) This section shall apply to all contracts that are: (A) Continuing contracts with no fixed expiration date and in effect on August 12, 2005; or (B) Entered into or renewed after August 12, 2005. (2) All contracts in effect on August 12, 2005, that contain a fixed expiration date shall be governed by the law as it existed prior to August 12, 2005. Acts 2005, No. 254, § 1.

(a) (1) If a contract requires one (1) party to reimburse another party for the federal excise tax imposed by 26 U.S.C. § 4081 or 26 U.S.C. § 4091 , whether as a separate item or as part of the contract price, the reimbursing party at its option and notwithstanding contrary terms of the contract shall not be required to make the reimbursement more than one (1) business day before the day on which the reimbursed party must remit the taxes to the Internal Revenue Service. (2) Exercise of the option provided by subdivision (a)(1) of this section shall not relieve the reimbursing party of its obligation to make the reimbursement as required by the contract but shall affect only the timing of that reimbursement.

(1) If a contract requires one (1) party to reimburse another party for the federal excise tax imposed by 26 U.S.C. § 4081 or 26 U.S.C. § 4091 , whether as a separate item or as part of the contract price, the reimbursing party at its option and notwithstanding contrary terms of the contract shall not be required to make the reimbursement more than one (1) business day before the day on which the reimbursed party must remit the taxes to the Internal Revenue Service.

(2) Exercise of the option provided by subdivision (a)(1) of this section shall not relieve the reimbursing party of its obligation to make the reimbursement as required by the contract but shall affect only the timing of that reimbursement.

(b) (1) Written notice of the reimbursing party's intent to exercise the option provided in subsection (a) of this section shall be given to the reimbursed party. (2) The notice shall state the effective date of the exercise of the option which shall be no earlier than thirty (30) days after the notice of intent is received by the reimbursed party or the beginning of the reimbursed party's next federal tax quarter, whichever is later.

(1) Written notice of the reimbursing party's intent to exercise the option provided in subsection (a) of this section shall be given to the reimbursed party.

(2) The notice shall state the effective date of the exercise of the option which shall be no earlier than thirty (30) days after the notice of intent is received by the reimbursed party or the beginning of the reimbursed party's next federal tax quarter, whichever is later.

(c) (1) If a reimbursing party exercises the option provided in subsection (a) of this section, the reimbursed party may demand security for the payment of the taxes in proportion to the amount the taxes represent compared to the security demanded on the contract as a whole. (2) The reimbursed party may also require reimbursement to be made by electronic transfer of funds but may not change the other payment terms of the contract without a valid business reason.

(1) If a reimbursing party exercises the option provided in subsection (a) of this section, the reimbursed party may demand security for the payment of the taxes in proportion to the amount the taxes represent compared to the security demanded on the contract as a whole.

(2) The reimbursed party may also require reimbursement to be made by electronic transfer of funds but may not change the other payment terms of the contract without a valid business reason.

(d) (1) This section shall apply to all contracts that are: (A) Continuing contracts with no fixed expiration date and in effect on August 12, 2005; or (B) Entered into or renewed after August 12, 2005. (2) All contracts in effect on August 12, 2005, that contain a fixed expiration date shall be governed by the law as it existed prior to August 12, 2005.

(1) This section shall apply to all contracts that are: (A) Continuing contracts with no fixed expiration date and in effect on August 12, 2005; or (B) Entered into or renewed after August 12, 2005.

(A) Continuing contracts with no fixed expiration date and in effect on August 12, 2005; or

(B) Entered into or renewed after August 12, 2005.

(2) All contracts in effect on August 12, 2005, that contain a fixed expiration date shall be governed by the law as it existed prior to August 12, 2005.

Acts 2005, No. 254, § 1.
Ark. Code Ann. § 4-38-501 — AR Code / Title 4 / Chapter 38 / Subchapter 5 / Section 4-38-501
Nature of transferrable interest
Status: in_force

A transferable interest is personal property. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

A transferable interest is personal property.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-75-318 — AR Code / Title 4 / Chapter 75 / Subchapter 3 / Section 4-75-318
Action not barred because it affects interstate or foreign commerce
Status: in_force

(a) This subchapter is to apply to any economic activity occurring wholly or partly within the State of Arkansas, or which affects economic activity within the State of Arkansas. (b) No action instituted by the Attorney General under this subchapter shall be barred on the ground that the activity or conduct complained of in any way affects or involves interstate or foreign commerce. Acts 2003, No. 1172, § 2.

(a) This subchapter is to apply to any economic activity occurring wholly or partly within the State of Arkansas, or which affects economic activity within the State of Arkansas.

(b) No action instituted by the Attorney General under this subchapter shall be barred on the ground that the activity or conduct complained of in any way affects or involves interstate or foreign commerce.

Acts 2003, No. 1172, § 2.
Ark. Code Ann. § 4-59-207 — AR Code / Title 4 / Chapter 59 / Subchapter 2 / Section 4-59-207
Remedies of creditor
Status: in_force

(a) In an action for relief against a transfer or obligation under this subchapter, a creditor, subject to the limitations in § 4-59-208 , may obtain: (1) avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim; (2) an attachment or other provisional remedy against the asset transferred or other property of the transferee if available under applicable law; (3) subject to applicable principles of equity and in accordance with applicable rules of civil procedure: (i) an injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property; (ii) appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or (iii) any other relief the circumstances may require; and (4) a settlement agreement with the transferee or a child support creditor or the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration in Title IV-D cases. (b) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds. Amended by Act 2017, No. 1086,§ 1, eff. 8/1/2017. Acts 1987, No. 967, § 7; 1997, No. 1296, § 2.

(a) In an action for relief against a transfer or obligation under this subchapter, a creditor, subject to the limitations in § 4-59-208 , may obtain: (1) avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim; (2) an attachment or other provisional remedy against the asset transferred or other property of the transferee if available under applicable law; (3) subject to applicable principles of equity and in accordance with applicable rules of civil procedure: (i) an injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property; (ii) appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or (iii) any other relief the circumstances may require; and (4) a settlement agreement with the transferee or a child support creditor or the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration in Title IV-D cases.

(1) avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim;

(2) an attachment or other provisional remedy against the asset transferred or other property of the transferee if available under applicable law;

(3) subject to applicable principles of equity and in accordance with applicable rules of civil procedure: (i) an injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property; (ii) appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or (iii) any other relief the circumstances may require; and

(i) an injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;

(ii) appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or

(iii) any other relief the circumstances may require; and

(4) a settlement agreement with the transferee or a child support creditor or the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration in Title IV-D cases.

(b) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.

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

Acts 1987, No. 967, § 7; 1997, No. 1296, § 2.
Ark. Code Ann. § 4-88-1401 — AR Code / Title 4 / Chapter 88 / Subchapter 14 / Section 4-88-1401
Definitions
Status: in_force

As used in this subchapter: (1) "Account holder" means an individual who creates an account or a profile to use a social media platform; (2) "Arkansas user" means an individual who is a resident of the State of Arkansas and who accesses or attempts to access a social media platform while present in this state by accessing the social media platform using an Arkansas internet protocol address or otherwise known or believed to be in this state while using the social media platform; (3) (A) "Commercial entity" means a corporation, limited liability company, partnership, limited partnership, sole proprietorship, or other legally recognized entity. (B) "Commercial entity" includes a third-party vendor; (4) "Digitized identification card" means a data file available on a mobile device that has connectivity to the internet through a state-approved application that allows the mobile device to download the data file from the Office of Driver Services that contains all of the data elements visible on the face and back of a driver's license or identification card and displays the current status of the driver's license or identification card, including valid, expired, cancelled, suspended, revoked, active, or inactive; (5) "Minor" means an individual under eighteen (18) years of age; (6) "Reasonable age verification" means to confirm that a person seeking to access a social media platform is at least eighteen (18) years of age; (7) (A) "Social media company" means an online forum that a company makes available for an account holder to: (i) Create a public profile, establish an account, or register as a user for the primary purpose of interacting socially with other profiles and accounts; (ii) Upload or create posts or content; (iii) View posts or content of other account holders; and (iv) Interact with other account holders or users, including without limitation establishing mutual connections through request and acceptance. (B) "Social media company" does not include a: (i) (a) Media company that exclusively offers subscription content in which users follow or subscribe unilaterally and whose platform's primary purpose is not social interaction. (b) A social media company that allows a user to generate short video clips of dancing, voice-overs, or other acts of entertainment in which the primary purpose is not educational or informative does not meet the exclusion under subdivision (7)(B)(i) (a) of this section; (ii) Media company that exclusively offers interacting gaming, virtual gaming, or an online service, that allows the creation and uploading of content for the purpose of interacting gaming, entertainment, or associated entertainment, and the communication related to that content; (iii) Company that: (a) Offers cloud storage services, enterprise cybersecurity services, educational devices, or enterprise collaboration tools for kindergarten through grade twelve (K-12) schools; and (b) Derives less than twenty-five percent (25%) of the company's revenue from operating a social media platform, including games and advertising; or (iv) Company that provides career development opportunities, including professional networking, job skills, learning certifications, and job posting and application services; (8) (A) "Social media platform" means a public or semipublic internet-based service or application: (i) That has users in Arkansas; and (ii) (a) On which a substantial function of the service or application is to connect users in order to allow users to interact socially with each other within the service or application. (b) A service or application that provides email or direct messaging shall not be considered to meet the criteria under subdivision (8)(A)(ii) (a) of this section on the basis of that function alone. (B) "Social media platform" does not include an online service, a website, or an application if the predominant or exclusive function is: (i) Email; (ii) Direct messaging consisting of messages, photos, or videos that are sent between devices by electronic means if messages are: (a) Shared between the sender and the recipient or recipients; (b) Only visible to the sender and the recipient or recipients; and (c) Not posted publicly; (iii) A streaming service that: (a) Provides only licensed media in a continuous flow from the service, website, or application to the end user; and (b) Does not obtain a license to the media from a user or account holder by agreement of the streaming service's terms of service; (iv) News, sports, entertainment, or other content that is preselected by the provider and not user generated, including without limitation if any chat, comment, or interactive functionality that is provided is incidental to, directly related to, or dependent upon provision of the content; (v) Online shopping or e-commerce, if the interaction with other users or account holders is generally limited to: (a) The ability to post and comment on reviews; (b) The ability to display lists or collections of goods for sale or wish lists; and (c) Other functions that are focused on online shopping or e-commerce rather than interaction between users or account holders; (vi) Business-to-business software that is not accessible to the general public; (vii) Cloud storage; (viii) Shared document collaboration; (ix) Providing access to or interacting with data visualization platforms, libraries, or hubs; (x) To permit comments on a digital news website, if the news content is posted only by the provider of the digital news website; (xi) For the purpose of providing or obtaining technical support for the social media company's social media platform, products, or services; (xii) Academic or scholarly research; or (xiii) Other research: (a) If: (1) The majority of the content is posted or created by the provider of the online service, website, or application; and (2) The ability to chat, comment, or interact with other users is directly related to the provider's content; (b) That is a classified advertising service that only permits the sale of goods and prohibits the solicitation of personal services; or (c) That is used by and under the direction of an educational entity, including without limitation a: (1) Learning management system; (2) Student engagement program; and (3) Subject-specific or skill-specific program. (C) "Social media platform" does not include a social media platform that is controlled by a business entity that has generated less than one hundred million dollars ($100,000,000) in annual gross revenue; and (9) "User" means a person who has access to view all or some of the posts and content on a social media platform but is not an account holder. Added by Act 2023, No. 689,§ 1, eff. 9/1/2023.

As used in this subchapter:

(1) "Account holder" means an individual who creates an account or a profile to use a social media platform;

(2) "Arkansas user" means an individual who is a resident of the State of Arkansas and who accesses or attempts to access a social media platform while present in this state by accessing the social media platform using an Arkansas internet protocol address or otherwise known or believed to be in this state while using the social media platform;

(3) (A) "Commercial entity" means a corporation, limited liability company, partnership, limited partnership, sole proprietorship, or other legally recognized entity. (B) "Commercial entity" includes a third-party vendor;

(A) "Commercial entity" means a corporation, limited liability company, partnership, limited partnership, sole proprietorship, or other legally recognized entity.

(B) "Commercial entity" includes a third-party vendor;

(4) "Digitized identification card" means a data file available on a mobile device that has connectivity to the internet through a state-approved application that allows the mobile device to download the data file from the Office of Driver Services that contains all of the data elements visible on the face and back of a driver's license or identification card and displays the current status of the driver's license or identification card, including valid, expired, cancelled, suspended, revoked, active, or inactive;

(5) "Minor" means an individual under eighteen (18) years of age;

(6) "Reasonable age verification" means to confirm that a person seeking to access a social media platform is at least eighteen (18) years of age;

(7) (A) "Social media company" means an online forum that a company makes available for an account holder to: (i) Create a public profile, establish an account, or register as a user for the primary purpose of interacting socially with other profiles and accounts; (ii) Upload or create posts or content; (iii) View posts or content of other account holders; and (iv) Interact with other account holders or users, including without limitation establishing mutual connections through request and acceptance. (B) "Social media company" does not include a: (i) (a) Media company that exclusively offers subscription content in which users follow or subscribe unilaterally and whose platform's primary purpose is not social interaction. (b) A social media company that allows a user to generate short video clips of dancing, voice-overs, or other acts of entertainment in which the primary purpose is not educational or informative does not meet the exclusion under subdivision (7)(B)(i) (a) of this section; (ii) Media company that exclusively offers interacting gaming, virtual gaming, or an online service, that allows the creation and uploading of content for the purpose of interacting gaming, entertainment, or associated entertainment, and the communication related to that content; (iii) Company that: (a) Offers cloud storage services, enterprise cybersecurity services, educational devices, or enterprise collaboration tools for kindergarten through grade twelve (K-12) schools; and (b) Derives less than twenty-five percent (25%) of the company's revenue from operating a social media platform, including games and advertising; or (iv) Company that provides career development opportunities, including professional networking, job skills, learning certifications, and job posting and application services;

(A) "Social media company" means an online forum that a company makes available for an account holder to: (i) Create a public profile, establish an account, or register as a user for the primary purpose of interacting socially with other profiles and accounts; (ii) Upload or create posts or content; (iii) View posts or content of other account holders; and (iv) Interact with other account holders or users, including without limitation establishing mutual connections through request and acceptance.

(i) Create a public profile, establish an account, or register as a user for the primary purpose of interacting socially with other profiles and accounts;

(ii) Upload or create posts or content;

(iii) View posts or content of other account holders; and

(iv) Interact with other account holders or users, including without limitation establishing mutual connections through request and acceptance.

(B) "Social media company" does not include a: (i) (a) Media company that exclusively offers subscription content in which users follow or subscribe unilaterally and whose platform's primary purpose is not social interaction. (b) A social media company that allows a user to generate short video clips of dancing, voice-overs, or other acts of entertainment in which the primary purpose is not educational or informative does not meet the exclusion under subdivision (7)(B)(i) (a) of this section; (ii) Media company that exclusively offers interacting gaming, virtual gaming, or an online service, that allows the creation and uploading of content for the purpose of interacting gaming, entertainment, or associated entertainment, and the communication related to that content; (iii) Company that: (a) Offers cloud storage services, enterprise cybersecurity services, educational devices, or enterprise collaboration tools for kindergarten through grade twelve (K-12) schools; and (b) Derives less than twenty-five percent (25%) of the company's revenue from operating a social media platform, including games and advertising; or (iv) Company that provides career development opportunities, including professional networking, job skills, learning certifications, and job posting and application services;

(i) (a) Media company that exclusively offers subscription content in which users follow or subscribe unilaterally and whose platform's primary purpose is not social interaction. (b) A social media company that allows a user to generate short video clips of dancing, voice-overs, or other acts of entertainment in which the primary purpose is not educational or informative does not meet the exclusion under subdivision (7)(B)(i) (a) of this section;

(a) Media company that exclusively offers subscription content in which users follow or subscribe unilaterally and whose platform's primary purpose is not social interaction.

(b) A social media company that allows a user to generate short video clips of dancing, voice-overs, or other acts of entertainment in which the primary purpose is not educational or informative does not meet the exclusion under subdivision (7)(B)(i) (a) of this section;

(ii) Media company that exclusively offers interacting gaming, virtual gaming, or an online service, that allows the creation and uploading of content for the purpose of interacting gaming, entertainment, or associated entertainment, and the communication related to that content;

(iii) Company that: (a) Offers cloud storage services, enterprise cybersecurity services, educational devices, or enterprise collaboration tools for kindergarten through grade twelve (K-12) schools; and (b) Derives less than twenty-five percent (25%) of the company's revenue from operating a social media platform, including games and advertising; or

(a) Offers cloud storage services, enterprise cybersecurity services, educational devices, or enterprise collaboration tools for kindergarten through grade twelve (K-12) schools; and

(b) Derives less than twenty-five percent (25%) of the company's revenue from operating a social media platform, including games and advertising; or

(iv) Company that provides career development opportunities, including professional networking, job skills, learning certifications, and job posting and application services;

(8) (A) "Social media platform" means a public or semipublic internet-based service or application: (i) That has users in Arkansas; and (ii) (a) On which a substantial function of the service or application is to connect users in order to allow users to interact socially with each other within the service or application. (b) A service or application that provides email or direct messaging shall not be considered to meet the criteria under subdivision (8)(A)(ii) (a) of this section on the basis of that function alone. (B) "Social media platform" does not include an online service, a website, or an application if the predominant or exclusive function is: (i) Email; (ii) Direct messaging consisting of messages, photos, or videos that are sent between devices by electronic means if messages are: (a) Shared between the sender and the recipient or recipients; (b) Only visible to the sender and the recipient or recipients; and (c) Not posted publicly; (iii) A streaming service that: (a) Provides only licensed media in a continuous flow from the service, website, or application to the end user; and (b) Does not obtain a license to the media from a user or account holder by agreement of the streaming service's terms of service; (iv) News, sports, entertainment, or other content that is preselected by the provider and not user generated, including without limitation if any chat, comment, or interactive functionality that is provided is incidental to, directly related to, or dependent upon provision of the content; (v) Online shopping or e-commerce, if the interaction with other users or account holders is generally limited to: (a) The ability to post and comment on reviews; (b) The ability to display lists or collections of goods for sale or wish lists; and (c) Other functions that are focused on online shopping or e-commerce rather than interaction between users or account holders; (vi) Business-to-business software that is not accessible to the general public; (vii) Cloud storage; (viii) Shared document collaboration; (ix) Providing access to or interacting with data visualization platforms, libraries, or hubs; (x) To permit comments on a digital news website, if the news content is posted only by the provider of the digital news website; (xi) For the purpose of providing or obtaining technical support for the social media company's social media platform, products, or services; (xii) Academic or scholarly research; or (xiii) Other research: (a) If: (1) The majority of the content is posted or created by the provider of the online service, website, or application; and (2) The ability to chat, comment, or interact with other users is directly related to the provider's content; (b) That is a classified advertising service that only permits the sale of goods and prohibits the solicitation of personal services; or (c) That is used by and under the direction of an educational entity, including without limitation a: (1) Learning management system; (2) Student engagement program; and (3) Subject-specific or skill-specific program. (C) "Social media platform" does not include a social media platform that is controlled by a business entity that has generated less than one hundred million dollars ($100,000,000) in annual gross revenue; and

(A) "Social media platform" means a public or semipublic internet-based service or application: (i) That has users in Arkansas; and (ii) (a) On which a substantial function of the service or application is to connect users in order to allow users to interact socially with each other within the service or application. (b) A service or application that provides email or direct messaging shall not be considered to meet the criteria under subdivision (8)(A)(ii) (a) of this section on the basis of that function alone.

(i) That has users in Arkansas; and

(ii) (a) On which a substantial function of the service or application is to connect users in order to allow users to interact socially with each other within the service or application. (b) A service or application that provides email or direct messaging shall not be considered to meet the criteria under subdivision (8)(A)(ii) (a) of this section on the basis of that function alone.

(a) On which a substantial function of the service or application is to connect users in order to allow users to interact socially with each other within the service or application.

(b) A service or application that provides email or direct messaging shall not be considered to meet the criteria under subdivision (8)(A)(ii) (a) of this section on the basis of that function alone.

(B) "Social media platform" does not include an online service, a website, or an application if the predominant or exclusive function is: (i) Email; (ii) Direct messaging consisting of messages, photos, or videos that are sent between devices by electronic means if messages are: (a) Shared between the sender and the recipient or recipients; (b) Only visible to the sender and the recipient or recipients; and (c) Not posted publicly; (iii) A streaming service that: (a) Provides only licensed media in a continuous flow from the service, website, or application to the end user; and (b) Does not obtain a license to the media from a user or account holder by agreement of the streaming service's terms of service; (iv) News, sports, entertainment, or other content that is preselected by the provider and not user generated, including without limitation if any chat, comment, or interactive functionality that is provided is incidental to, directly related to, or dependent upon provision of the content; (v) Online shopping or e-commerce, if the interaction with other users or account holders is generally limited to: (a) The ability to post and comment on reviews; (b) The ability to display lists or collections of goods for sale or wish lists; and (c) Other functions that are focused on online shopping or e-commerce rather than interaction between users or account holders; (vi) Business-to-business software that is not accessible to the general public; (vii) Cloud storage; (viii) Shared document collaboration; (ix) Providing access to or interacting with data visualization platforms, libraries, or hubs; (x) To permit comments on a digital news website, if the news content is posted only by the provider of the digital news website; (xi) For the purpose of providing or obtaining technical support for the social media company's social media platform, products, or services; (xii) Academic or scholarly research; or (xiii) Other research: (a) If: (1) The majority of the content is posted or created by the provider of the online service, website, or application; and (2) The ability to chat, comment, or interact with other users is directly related to the provider's content; (b) That is a classified advertising service that only permits the sale of goods and prohibits the solicitation of personal services; or (c) That is used by and under the direction of an educational entity, including without limitation a: (1) Learning management system; (2) Student engagement program; and (3) Subject-specific or skill-specific program.

(i) Email;

(ii) Direct messaging consisting of messages, photos, or videos that are sent between devices by electronic means if messages are: (a) Shared between the sender and the recipient or recipients; (b) Only visible to the sender and the recipient or recipients; and (c) Not posted publicly;

(a) Shared between the sender and the recipient or recipients;

(b) Only visible to the sender and the recipient or recipients; and

(c) Not posted publicly;

(iii) A streaming service that: (a) Provides only licensed media in a continuous flow from the service, website, or application to the end user; and (b) Does not obtain a license to the media from a user or account holder by agreement of the streaming service's terms of service;

(a) Provides only licensed media in a continuous flow from the service, website, or application to the end user; and

(b) Does not obtain a license to the media from a user or account holder by agreement of the streaming service's terms of service;

(iv) News, sports, entertainment, or other content that is preselected by the provider and not user generated, including without limitation if any chat, comment, or interactive functionality that is provided is incidental to, directly related to, or dependent upon provision of the content;

(v) Online shopping or e-commerce, if the interaction with other users or account holders is generally limited to: (a) The ability to post and comment on reviews; (b) The ability to display lists or collections of goods for sale or wish lists; and (c) Other functions that are focused on online shopping or e-commerce rather than interaction between users or account holders;

(a) The ability to post and comment on reviews;

(b) The ability to display lists or collections of goods for sale or wish lists; and

(c) Other functions that are focused on online shopping or e-commerce rather than interaction between users or account holders;

(vi) Business-to-business software that is not accessible to the general public;

(vii) Cloud storage;

(viii) Shared document collaboration;

(ix) Providing access to or interacting with data visualization platforms, libraries, or hubs;

(x) To permit comments on a digital news website, if the news content is posted only by the provider of the digital news website;

(xi) For the purpose of providing or obtaining technical support for the social media company's social media platform, products, or services;

(xii) Academic or scholarly research; or

(xiii) Other research: (a) If: (1) The majority of the content is posted or created by the provider of the online service, website, or application; and (2) The ability to chat, comment, or interact with other users is directly related to the provider's content; (b) That is a classified advertising service that only permits the sale of goods and prohibits the solicitation of personal services; or (c) That is used by and under the direction of an educational entity, including without limitation a: (1) Learning management system; (2) Student engagement program; and (3) Subject-specific or skill-specific program.

(a) If: (1) The majority of the content is posted or created by the provider of the online service, website, or application; and (2) The ability to chat, comment, or interact with other users is directly related to the provider's content;

(1) The majority of the content is posted or created by the provider of the online service, website, or application; and

(2) The ability to chat, comment, or interact with other users is directly related to the provider's content;

(b) That is a classified advertising service that only permits the sale of goods and prohibits the solicitation of personal services; or

(c) That is used by and under the direction of an educational entity, including without limitation a: (1) Learning management system; (2) Student engagement program; and (3) Subject-specific or skill-specific program.

(1) Learning management system;

(2) Student engagement program; and

(3) Subject-specific or skill-specific program.

(C) "Social media platform" does not include a social media platform that is controlled by a business entity that has generated less than one hundred million dollars ($100,000,000) in annual gross revenue; and

(9) "User" means a person who has access to view all or some of the posts and content on a social media platform but is not an account holder.

Added by Act 2023, No. 689,§ 1, eff. 9/1/2023.
Ark. Code Ann. § 4-59-303 — AR Code / Title 4 / Chapter 59 / Subchapter 3 / Section 4-59-303
Issuance of duplicate bills not so marked
Status: in_force

Any officer, agent, or servant of a carrier who with intent to defraud issues or aids in issuing a duplicate or additional negotiable bill for goods, knowing that a former negotiable bill for the same goods or any part of them is outstanding and uncancelled, 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, § 46; A.S.A. 1947, § 68-1146.

Any officer, agent, or servant of a carrier who with intent to defraud issues or aids in issuing a duplicate or additional negotiable bill for goods, knowing that a former negotiable bill for the same goods or any part of them is outstanding and uncancelled, 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, § 46; A.S.A. 1947, § 68-1146.
Ark. Code Ann. § 4-75-1303 — AR Code / Title 4 / Chapter 75 / Subchapter 13 / Section 4-75-1303
Right to compensation
Status: in_force

(a) Except as prohibited in this subchapter, a student-athlete shall have the right to enter into a contract and receive compensation for the commercial use of the student-athlete's publicity rights. (b) An institution of higher education, its supporting foundations, or its authorized entities may identify, create, facilitate, and otherwise enable opportunities for a student-athlete to earn compensation for the commercial use of the student-athlete's publicity rights. (c) A charitable organization that qualifies as an exempt organization under 26 U.S.C. § 501(c)(3) , as it existed on January 1, 2023, shall have the right to compensate student-athletes for the commercial use of the student-athlete's publicity rights. (d) Except as provided in this subchapter or applicable federal law, an institution of higher education shall not uphold any rule, requirement, standard, or other limitation of an athletic association or athletic conference that prevents a student-athlete from earning compensation for the commercial use of the student-athlete's publicity rights. (e) Earning compensation for the commercial use of a student-athlete's publicity rights shall not affect the student-athlete's scholarship eligibility. (f) An athletic association, athletic conference, or any other organization with authority over varsity intercollegiate athletics shall not: (1) Prevent a student-athlete from receiving compensation for the commercial use of the student-athlete's publicity rights under this subchapter; (2) Penalize a student-athlete for receiving compensation for the commercial use of the student-athlete's publicity rights under this subchapter; or (3) Prevent an institution of higher education from participating in varsity intercollegiate athletics, or otherwise penalize an institution of higher education, as a result of a student-athlete's receipt of compensation under this subchapter. Amended by Act 2023, No. 589,§ 2, eff. 4/11/2023. Added by Act 2021, No. 810,§ 1, eff. 1/1/2022.

(a) Except as prohibited in this subchapter, a student-athlete shall have the right to enter into a contract and receive compensation for the commercial use of the student-athlete's publicity rights.

(b) An institution of higher education, its supporting foundations, or its authorized entities may identify, create, facilitate, and otherwise enable opportunities for a student-athlete to earn compensation for the commercial use of the student-athlete's publicity rights.

(c) A charitable organization that qualifies as an exempt organization under 26 U.S.C. § 501(c)(3) , as it existed on January 1, 2023, shall have the right to compensate student-athletes for the commercial use of the student-athlete's publicity rights.

(d) Except as provided in this subchapter or applicable federal law, an institution of higher education shall not uphold any rule, requirement, standard, or other limitation of an athletic association or athletic conference that prevents a student-athlete from earning compensation for the commercial use of the student-athlete's publicity rights.

(e) Earning compensation for the commercial use of a student-athlete's publicity rights shall not affect the student-athlete's scholarship eligibility.

(f) An athletic association, athletic conference, or any other organization with authority over varsity intercollegiate athletics shall not: (1) Prevent a student-athlete from receiving compensation for the commercial use of the student-athlete's publicity rights under this subchapter; (2) Penalize a student-athlete for receiving compensation for the commercial use of the student-athlete's publicity rights under this subchapter; or (3) Prevent an institution of higher education from participating in varsity intercollegiate athletics, or otherwise penalize an institution of higher education, as a result of a student-athlete's receipt of compensation under this subchapter.

(1) Prevent a student-athlete from receiving compensation for the commercial use of the student-athlete's publicity rights under this subchapter;

(2) Penalize a student-athlete for receiving compensation for the commercial use of the student-athlete's publicity rights under this subchapter; or

(3) Prevent an institution of higher education from participating in varsity intercollegiate athletics, or otherwise penalize an institution of higher education, as a result of a student-athlete's receipt of compensation under this subchapter.

Amended by Act 2023, No. 589,§ 2, eff. 4/11/2023.

Added by Act 2021, No. 810,§ 1, eff. 1/1/2022.
Ark. Code Ann. § 4-88-704 — AR Code / Title 4 / Chapter 88 / Subchapter 7 / Section 4-88-704
Exclusions
Status: in_force

The prohibitions and requirements of this subchapter shall not apply to gift certificates, store gift cards, or general use prepaid cards that: (1) Are distributed pursuant to an award, loyalty, or promotional program and for which there is no money or other value exchanged; (2) Expire not later than thirty (30) days after the date they are sold and are sold below the face value of the gift certificate, the store gift card, or the general use prepaid card to an employer or to a nonprofit or charitable organization for fundraising purposes; or (3) Are usable with multiple, unaffiliated sellers of goods or services and are issued by a financial institution under § 4-88-702(3) . Acts 2007, No. 304, § 1.

The prohibitions and requirements of this subchapter shall not apply to gift certificates, store gift cards, or general use prepaid cards that:

(1) Are distributed pursuant to an award, loyalty, or promotional program and for which there is no money or other value exchanged;

(2) Expire not later than thirty (30) days after the date they are sold and are sold below the face value of the gift certificate, the store gift card, or the general use prepaid card to an employer or to a nonprofit or charitable organization for fundraising purposes; or

(3) Are usable with multiple, unaffiliated sellers of goods or services and are issued by a financial institution under § 4-88-702(3) .

Acts 2007, No. 304, § 1.
Ark. Code Ann. § 4-31-303 — AR Code / Title 4 / Chapter 31 / Subchapter 3 / Section 4-31-303
Appointment authorized
Status: in_force

Any foreign bank or trust company with fiduciary powers may be appointed and may serve in the State of Arkansas as trustee of a personal or corporate trust, executor, administrator, guardian of the estate, or in any other fiduciary capacity, whether the appointment is by will, deed, agreement, declaration, indenture, court order, or decree, or otherwise, when and to the extent that the District of Columbia, territory, or other state in which the foreign bank or trust company is organized and has its principal office grants such fiduciary authority to a bank or trust company organized under the laws of and having its principal office in the State of Arkansas, or to a national bank having its principal office in the State of Arkansas. Acts 1991, No. 402, § 2.

Any foreign bank or trust company with fiduciary powers may be appointed and may serve in the State of Arkansas as trustee of a personal or corporate trust, executor, administrator, guardian of the estate, or in any other fiduciary capacity, whether the appointment is by will, deed, agreement, declaration, indenture, court order, or decree, or otherwise, when and to the extent that the District of Columbia, territory, or other state in which the foreign bank or trust company is organized and has its principal office grants such fiduciary authority to a bank or trust company organized under the laws of and having its principal office in the State of Arkansas, or to a national bank having its principal office in the State of Arkansas.

Acts 1991, No. 402, § 2.
Ark. Code Ann. § 4-27-202 — AR Code / Title 4 / Chapter 27 / Subchapter 2 / Section 4-27-202
Articles of incorporation
Status: in_force

(a) The articles of incorporation must set forth: (1) a corporate name for the corporation that satisfies the requirements of § 4-27-401 ; (2) the number of shares the corporation is authorized to issue and, if such shares are to consist of one (1) class only, the par value of each of such shares, or a statement that all of such shares are without par value; or, if such shares are to be divided into classes, the number of shares of each class, and a statement of the par value of the shares of each such class or that such shares are without par value; (3) the information required by § 4-20-105(a) ; (4) the name and address of each incorporator; and (5) the primary purpose or purposes for which the corporation is organized, which is provided to the Secretary of State for informational purposes and shall not, unless specifically stated in the articles of incorporation, limit the broad purposes provided in § 4-27-301 . (b) The articles of incorporation may set forth: (1) the names and addresses of the individuals who are to serve as the initial directors; (2) provisions not inconsistent with law regarding: (i) specific limitations on the purpose or purposes for which the corporation is organized; (ii) managing the business and regulating the affairs of the corporation; (iii) defining, limiting, and regulating the powers of the corporation, its board of directors, and shareholders; and (iv) the imposition of personal liability on shareholders for the debts of the corporation to a specified extent and upon specified conditions; (3) a provision eliminating or limiting the personal liability of a director to the corporation or its stockholders for monetary damages for breach of fiduciary duty as a director, provided that such provision shall not eliminate or limit the liability of a director: (i) for any breach of the director's duty of loyalty to the corporation or its stockholders; (ii) for acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law; (iii) under § 4-27-833 of this chapter; (iv) for any transaction from which the director derived an improper personal benefit; or (v) for any action, omission, transaction, or breach of a director's duty creating any third-party liability to any person or entity other than the corporation or stockholder. No such provision shall eliminate or limit the liability of a director for any act or omission occurring prior to the date when such provision becomes effective. All references in this subsection to a director shall also be deemed to refer to a member of the governing body of a corporation which is not authorized to issue capital stock; and (4) any provision that under this chapter is required or permitted to be set forth in the bylaws. (c) The articles of incorporation need not set forth any of the corporate powers enumerated in this chapter. (d) (1) A for-profit corporation may convert to a nonprofit corporation under the Arkansas Nonprofit Corporation Act, §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 , or the Arkansas Nonprofit Corporation Act of 1993, § 4-33-101 et seq., upon the filing of an amendment to the corporation's articles of incorporation under either § 4-28-206 or § 4-33-202 . (2) After the filing and conversion have taken place, the converted corporation shall comply with either the Arkansas Nonprofit Corporation Act, §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 , or the Arkansas Nonprofit Corporation Act of 1993, § 4-33-101 et seq. Amended by Act 2019, No. 108,§ 1, eff. 2/13/2019. Acts 1987, No. 958, § 64-202; 2007, No. 638, § 6.

(a) The articles of incorporation must set forth: (1) a corporate name for the corporation that satisfies the requirements of § 4-27-401 ; (2) the number of shares the corporation is authorized to issue and, if such shares are to consist of one (1) class only, the par value of each of such shares, or a statement that all of such shares are without par value; or, if such shares are to be divided into classes, the number of shares of each class, and a statement of the par value of the shares of each such class or that such shares are without par value; (3) the information required by § 4-20-105(a) ; (4) the name and address of each incorporator; and (5) the primary purpose or purposes for which the corporation is organized, which is provided to the Secretary of State for informational purposes and shall not, unless specifically stated in the articles of incorporation, limit the broad purposes provided in § 4-27-301 .

(1) a corporate name for the corporation that satisfies the requirements of § 4-27-401 ;

(2) the number of shares the corporation is authorized to issue and, if such shares are to consist of one (1) class only, the par value of each of such shares, or a statement that all of such shares are without par value; or, if such shares are to be divided into classes, the number of shares of each class, and a statement of the par value of the shares of each such class or that such shares are without par value;

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

(4) the name and address of each incorporator; and

(5) the primary purpose or purposes for which the corporation is organized, which is provided to the Secretary of State for informational purposes and shall not, unless specifically stated in the articles of incorporation, limit the broad purposes provided in § 4-27-301 .

(b) The articles of incorporation may set forth: (1) the names and addresses of the individuals who are to serve as the initial directors; (2) provisions not inconsistent with law regarding: (i) specific limitations on the purpose or purposes for which the corporation is organized; (ii) managing the business and regulating the affairs of the corporation; (iii) defining, limiting, and regulating the powers of the corporation, its board of directors, and shareholders; and (iv) the imposition of personal liability on shareholders for the debts of the corporation to a specified extent and upon specified conditions; (3) a provision eliminating or limiting the personal liability of a director to the corporation or its stockholders for monetary damages for breach of fiduciary duty as a director, provided that such provision shall not eliminate or limit the liability of a director: (i) for any breach of the director's duty of loyalty to the corporation or its stockholders; (ii) for acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law; (iii) under § 4-27-833 of this chapter; (iv) for any transaction from which the director derived an improper personal benefit; or (v) for any action, omission, transaction, or breach of a director's duty creating any third-party liability to any person or entity other than the corporation or stockholder. No such provision shall eliminate or limit the liability of a director for any act or omission occurring prior to the date when such provision becomes effective. All references in this subsection to a director shall also be deemed to refer to a member of the governing body of a corporation which is not authorized to issue capital stock; and (4) any provision that under this chapter is required or permitted to be set forth in the bylaws.

(1) the names and addresses of the individuals who are to serve as the initial directors;

(2) provisions not inconsistent with law regarding: (i) specific limitations on the purpose or purposes for which the corporation is organized; (ii) managing the business and regulating the affairs of the corporation; (iii) defining, limiting, and regulating the powers of the corporation, its board of directors, and shareholders; and (iv) the imposition of personal liability on shareholders for the debts of the corporation to a specified extent and upon specified conditions;

(i) specific limitations on the purpose or purposes for which the corporation is organized;

(ii) managing the business and regulating the affairs of the corporation;

(iii) defining, limiting, and regulating the powers of the corporation, its board of directors, and shareholders; and

(iv) the imposition of personal liability on shareholders for the debts of the corporation to a specified extent and upon specified conditions;

(3) a provision eliminating or limiting the personal liability of a director to the corporation or its stockholders for monetary damages for breach of fiduciary duty as a director, provided that such provision shall not eliminate or limit the liability of a director: (i) for any breach of the director's duty of loyalty to the corporation or its stockholders; (ii) for acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law; (iii) under § 4-27-833 of this chapter; (iv) for any transaction from which the director derived an improper personal benefit; or (v) for any action, omission, transaction, or breach of a director's duty creating any third-party liability to any person or entity other than the corporation or stockholder. No such provision shall eliminate or limit the liability of a director for any act or omission occurring prior to the date when such provision becomes effective. All references in this subsection to a director shall also be deemed to refer to a member of the governing body of a corporation which is not authorized to issue capital stock; and

(i) for any breach of the director's duty of loyalty to the corporation or its stockholders;

(ii) for acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law;

(iii) under § 4-27-833 of this chapter;

(iv) for any transaction from which the director derived an improper personal benefit; or

(v) for any action, omission, transaction, or breach of a director's duty creating any third-party liability to any person or entity other than the corporation or stockholder. No such provision shall eliminate or limit the liability of a director for any act or omission occurring prior to the date when such provision becomes effective. All references in this subsection to a director shall also be deemed to refer to a member of the governing body of a corporation which is not authorized to issue capital stock; and

No such provision shall eliminate or limit the liability of a director for any act or omission occurring prior to the date when such provision becomes effective. All references in this subsection to a director shall also be deemed to refer to a member of the governing body of a corporation which is not authorized to issue capital stock; and

(4) any provision that under this chapter is required or permitted to be set forth in the bylaws.

(c) The articles of incorporation need not set forth any of the corporate powers enumerated in this chapter.

(d) (1) A for-profit corporation may convert to a nonprofit corporation under the Arkansas Nonprofit Corporation Act, §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 , or the Arkansas Nonprofit Corporation Act of 1993, § 4-33-101 et seq., upon the filing of an amendment to the corporation's articles of incorporation under either § 4-28-206 or § 4-33-202 . (2) After the filing and conversion have taken place, the converted corporation shall comply with either the Arkansas Nonprofit Corporation Act, §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 , or the Arkansas Nonprofit Corporation Act of 1993, § 4-33-101 et seq.

(1) A for-profit corporation may convert to a nonprofit corporation under the Arkansas Nonprofit Corporation Act, §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 , or the Arkansas Nonprofit Corporation Act of 1993, § 4-33-101 et seq., upon the filing of an amendment to the corporation's articles of incorporation under either § 4-28-206 or § 4-33-202 .

(2) After the filing and conversion have taken place, the converted corporation shall comply with either the Arkansas Nonprofit Corporation Act, §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 , or the Arkansas Nonprofit Corporation Act of 1993, § 4-33-101 et seq.

Amended by Act 2019, No. 108,§ 1, eff. 2/13/2019.

Acts 1987, No. 958, § 64-202; 2007, No. 638, § 6.
Ark. Code Ann. § 4-38-410 — AR Code / Title 4 / Chapter 38 / Subchapter 4 / Section 4-38-410
Rights to information of member, manager, and person dissociated as member
Status: in_force

(a) In a member-managed limited liability company, the following rules apply: (1) On reasonable notice, a member may inspect and copy during regular business hours, at a reasonable location specified by the company, any record maintained by the company regarding the company's activities, affairs, financial condition, and other circumstances, to the extent the information is material to the member's rights and duties under the operating agreement or this chapter. (2) The company shall furnish to each member: (A) without demand, any information concerning the company's activities, affairs, financial condition, and other circumstances which the company knows and is material to the proper exercise of the member's rights and duties under the operating agreement or this chapter, except to the extent the company can establish that it reasonably believes the member already knows the information; and (B) on demand, any other information concerning the company's activities, affairs, financial condition, and other circumstances, except to the extent the demand for the information demanded is unreasonable or otherwise improper under the circumstances. (3) The duty to furnish information under paragraph (2) also applies to each member to the extent the member knows any of the information described in paragraph (2). (b) In a manager-managed limited liability company, the following rules apply: (1) The informational rights stated in subsection (a) and the duty stated in subsection (a)(3) apply to the managers and not the members. (2) During regular business hours and at a reasonable location specified by the company, a member may inspect and copy information regarding the activities, affairs, financial condition, and other circumstances of the company as is just and reasonable if: (A) the member seeks the information for a purpose reasonably related to the member's interest as a member; (B) the member makes a demand in a record received by the company, describing with reasonable particularity the information sought and the purpose for seeking the information; and (C) the information sought is directly connected to the member's purpose. (3) Not later than 10 days after receiving a demand pursuant to paragraph (2)(B), the company shall inform in a record the member that made the demand of: (A) what information the company will provide in response to the demand and when and where the company will provide the information; and (B) the company's reasons for declining, if the company declines to provide any demanded information. (4) Whenever this chapter or an operating agreement provides for a member to vote on or give or withhold consent to a matter, before the vote is cast or consent is given or withheld, the company shall, without demand, provide the member with all information that is known to the company and is material to the member's decision. (c) Subject to subsection (h), on 10 days' demand made in a record received by a limited liability company, a person dissociated as a member may have access to the information to which the person was entitled while a member if: (1) the information pertains to the period during which the person was a member; (2) the person seeks the information in good faith; and (3) the person satisfies the requirements imposed on a member by subsection (b)(2). (d) A limited liability company shall respond to a demand made pursuant to subsection (c) in the manner provided in subsection (b)(3). (e) A limited liability company may charge a person that makes a demand under this section the reasonable costs of copying, limited to the costs of labor and material. (f) A member or person dissociated as a member may exercise the rights under this section through an agent or, in the case of an individual under legal disability, a legal representative. Any restriction or condition imposed by the operating agreement or under subsection (h) applies both to the agent or legal representative and to the member or person dissociated as a member. (g) Subject to § 4-38-504 , the rights under this section do not extend to a person as transferee. (h) In addition to any restriction or condition stated in its operating agreement, a limited liability company, as a matter within the ordinary course of its activities and affairs, may impose reasonable restrictions and conditions on access to and use of information to be furnished under this section, including designating information confidential and imposing nondisclosure and safeguarding obligations on the recipient. In a dispute concerning the reasonableness of a restriction under this subsection, the company has the burden of proving reasonableness. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

(a) In a member-managed limited liability company, the following rules apply: (1) On reasonable notice, a member may inspect and copy during regular business hours, at a reasonable location specified by the company, any record maintained by the company regarding the company's activities, affairs, financial condition, and other circumstances, to the extent the information is material to the member's rights and duties under the operating agreement or this chapter. (2) The company shall furnish to each member: (A) without demand, any information concerning the company's activities, affairs, financial condition, and other circumstances which the company knows and is material to the proper exercise of the member's rights and duties under the operating agreement or this chapter, except to the extent the company can establish that it reasonably believes the member already knows the information; and (B) on demand, any other information concerning the company's activities, affairs, financial condition, and other circumstances, except to the extent the demand for the information demanded is unreasonable or otherwise improper under the circumstances. (3) The duty to furnish information under paragraph (2) also applies to each member to the extent the member knows any of the information described in paragraph (2).

(1) On reasonable notice, a member may inspect and copy during regular business hours, at a reasonable location specified by the company, any record maintained by the company regarding the company's activities, affairs, financial condition, and other circumstances, to the extent the information is material to the member's rights and duties under the operating agreement or this chapter.

(2) The company shall furnish to each member: (A) without demand, any information concerning the company's activities, affairs, financial condition, and other circumstances which the company knows and is material to the proper exercise of the member's rights and duties under the operating agreement or this chapter, except to the extent the company can establish that it reasonably believes the member already knows the information; and (B) on demand, any other information concerning the company's activities, affairs, financial condition, and other circumstances, except to the extent the demand for the information demanded is unreasonable or otherwise improper under the circumstances.

(A) without demand, any information concerning the company's activities, affairs, financial condition, and other circumstances which the company knows and is material to the proper exercise of the member's rights and duties under the operating agreement or this chapter, except to the extent the company can establish that it reasonably believes the member already knows the information; and

(B) on demand, any other information concerning the company's activities, affairs, financial condition, and other circumstances, except to the extent the demand for the information demanded is unreasonable or otherwise improper under the circumstances.

(3) The duty to furnish information under paragraph (2) also applies to each member to the extent the member knows any of the information described in paragraph (2).

(b) In a manager-managed limited liability company, the following rules apply: (1) The informational rights stated in subsection (a) and the duty stated in subsection (a)(3) apply to the managers and not the members. (2) During regular business hours and at a reasonable location specified by the company, a member may inspect and copy information regarding the activities, affairs, financial condition, and other circumstances of the company as is just and reasonable if: (A) the member seeks the information for a purpose reasonably related to the member's interest as a member; (B) the member makes a demand in a record received by the company, describing with reasonable particularity the information sought and the purpose for seeking the information; and (C) the information sought is directly connected to the member's purpose. (3) Not later than 10 days after receiving a demand pursuant to paragraph (2)(B), the company shall inform in a record the member that made the demand of: (A) what information the company will provide in response to the demand and when and where the company will provide the information; and (B) the company's reasons for declining, if the company declines to provide any demanded information. (4) Whenever this chapter or an operating agreement provides for a member to vote on or give or withhold consent to a matter, before the vote is cast or consent is given or withheld, the company shall, without demand, provide the member with all information that is known to the company and is material to the member's decision.

(1) The informational rights stated in subsection (a) and the duty stated in subsection (a)(3) apply to the managers and not the members.

(2) During regular business hours and at a reasonable location specified by the company, a member may inspect and copy information regarding the activities, affairs, financial condition, and other circumstances of the company as is just and reasonable if: (A) the member seeks the information for a purpose reasonably related to the member's interest as a member; (B) the member makes a demand in a record received by the company, describing with reasonable particularity the information sought and the purpose for seeking the information; and (C) the information sought is directly connected to the member's purpose.

(A) the member seeks the information for a purpose reasonably related to the member's interest as a member;

(B) the member makes a demand in a record received by the company, describing with reasonable particularity the information sought and the purpose for seeking the information; and

(C) the information sought is directly connected to the member's purpose.

(3) Not later than 10 days after receiving a demand pursuant to paragraph (2)(B), the company shall inform in a record the member that made the demand of: (A) what information the company will provide in response to the demand and when and where the company will provide the information; and (B) the company's reasons for declining, if the company declines to provide any demanded information.

(A) what information the company will provide in response to the demand and when and where the company will provide the information; and

(B) the company's reasons for declining, if the company declines to provide any demanded information.

(4) Whenever this chapter or an operating agreement provides for a member to vote on or give or withhold consent to a matter, before the vote is cast or consent is given or withheld, the company shall, without demand, provide the member with all information that is known to the company and is material to the member's decision.

(c) Subject to subsection (h), on 10 days' demand made in a record received by a limited liability company, a person dissociated as a member may have access to the information to which the person was entitled while a member if: (1) the information pertains to the period during which the person was a member; (2) the person seeks the information in good faith; and (3) the person satisfies the requirements imposed on a member by subsection (b)(2).

(1) the information pertains to the period during which the person was a member;

(2) the person seeks the information in good faith; and

(3) the person satisfies the requirements imposed on a member by subsection (b)(2).

(d) A limited liability company shall respond to a demand made pursuant to subsection (c) in the manner provided in subsection (b)(3).

(e) A limited liability company may charge a person that makes a demand under this section the reasonable costs of copying, limited to the costs of labor and material.

(f) A member or person dissociated as a member may exercise the rights under this section through an agent or, in the case of an individual under legal disability, a legal representative. Any restriction or condition imposed by the operating agreement or under subsection (h) applies both to the agent or legal representative and to the member or person dissociated as a member.

(g) Subject to § 4-38-504 , the rights under this section do not extend to a person as transferee.

(h) In addition to any restriction or condition stated in its operating agreement, a limited liability company, as a matter within the ordinary course of its activities and affairs, may impose reasonable restrictions and conditions on access to and use of information to be furnished under this section, including designating information confidential and imposing nondisclosure and safeguarding obligations on the recipient. In a dispute concerning the reasonableness of a restriction under this subsection, the company has the burden of proving reasonableness.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-47-1106 — AR Code / Title 4 / Chapter 47 / Subchapter 11 / Section 4-47-1106
Merger
Status: in_force

(a) A limited partnership may merge with one or more other constituent organizations pursuant to this section and §§ 4-47-1107 through 4-47-1109 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 those governing statutes; and (3) each of the other organizations complies with its governing statute in effecting the merger. (b) A plan of merger must be in a record and must include: (1) the name and form of each constituent organization; (2) the name and form of the surviving organization and, if the surviving organization is to be created by the merger, a statement to that effect; (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; (4) if the surviving organization is to be created by the merger, the surviving organization's organizational documents; and (5) if the surviving organization is not to be created by the merger, any amendments to be made by the merger to the surviving organization's organizational documents. Acts 2007, No. 15, § 1.

(a) A limited partnership may merge with one or more other constituent organizations pursuant to this section and §§ 4-47-1107 through 4-47-1109 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 those 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 those governing statutes; and

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

(b) A plan of merger must be in a record and must include: (1) the name and form of each constituent organization; (2) the name and form of the surviving organization and, if the surviving organization is to be created by the merger, a statement to that effect; (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; (4) if the surviving organization is to be created by the merger, the surviving organization's organizational documents; and (5) if the surviving organization is not to be created by the merger, 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 and, if the surviving organization is to be created by the merger, a statement to that effect;

(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;

(4) if the surviving organization is to be created by the merger, the surviving organization's organizational documents; and

(5) if the surviving organization is not to be created by the merger, any amendments to be made by the merger to the surviving organization's organizational documents.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-47-812 — AR Code / Title 4 / Chapter 47 / Subchapter 8 / Section 4-47-812
Disposition of assets - When contributions required
Status: in_force

(a) In winding up a limited partnership's activities, the assets of the limited partnership, including the contributions required by this section, must be applied to satisfy the limited partnership's obligations to creditors, including, to the extent permitted by law, partners that are creditors. (b) Any surplus remaining after the limited partnership complies with subsection (a) must be paid in cash as a distribution. (c) If a limited partnership's assets are insufficient to satisfy all of its obligations under subsection (a), with respect to each unsatisfied obligation incurred when the limited partnership was not a limited liability limited partnership, the following rules apply: (1) Each person that was a general partner when the obligation was incurred and that has not been released from the obligation under § 4-47-607 shall contribute to the limited partnership for the purpose of enabling the limited partnership to satisfy the obligation. The contribution due from each of those persons is in proportion to the right to receive distributions in the capacity of general partner in effect for each of those persons when the obligation was incurred. (2) If a person does not contribute the full amount required under subdivision (c)(1) with respect to an unsatisfied obligation of the limited partnership, the other persons required to contribute by subdivision (c)(1) on account of the obligation shall contribute the additional amount necessary to discharge the obligation. The additional contribution due from each of those other persons is in proportion to the right to receive distributions in the capacity of general partner in effect for each of those other persons when the obligation was incurred. (3) If a person does not make the additional contribution required by subdivision (c)(2), further additional contributions are determined and due in the same manner as provided in that paragraph. (d) A person that makes an additional contribution under subsection (c)(2) or (3) may recover from any person whose failure to contribute under subsection (c)(1) or (2) necessitated the additional contribution. A person may not recover under this subsection more than the amount additionally contributed. A person's liability under this subsection may not exceed the amount the person failed to contribute. (e) The estate of a deceased individual is liable for the person's obligations under this section. (f) An assignee for the benefit of creditors of a limited partnership or a partner, or a person appointed by a court to represent creditors of a limited partnership or a partner, may enforce a person's obligation to contribute under subsection (c). Acts 2007, No. 15, § 1.

(a) In winding up a limited partnership's activities, the assets of the limited partnership, including the contributions required by this section, must be applied to satisfy the limited partnership's obligations to creditors, including, to the extent permitted by law, partners that are creditors.

(b) Any surplus remaining after the limited partnership complies with subsection (a) must be paid in cash as a distribution.

(c) If a limited partnership's assets are insufficient to satisfy all of its obligations under subsection (a), with respect to each unsatisfied obligation incurred when the limited partnership was not a limited liability limited partnership, the following rules apply: (1) Each person that was a general partner when the obligation was incurred and that has not been released from the obligation under § 4-47-607 shall contribute to the limited partnership for the purpose of enabling the limited partnership to satisfy the obligation. The contribution due from each of those persons is in proportion to the right to receive distributions in the capacity of general partner in effect for each of those persons when the obligation was incurred. (2) If a person does not contribute the full amount required under subdivision (c)(1) with respect to an unsatisfied obligation of the limited partnership, the other persons required to contribute by subdivision (c)(1) on account of the obligation shall contribute the additional amount necessary to discharge the obligation. The additional contribution due from each of those other persons is in proportion to the right to receive distributions in the capacity of general partner in effect for each of those other persons when the obligation was incurred. (3) If a person does not make the additional contribution required by subdivision (c)(2), further additional contributions are determined and due in the same manner as provided in that paragraph.

(1) Each person that was a general partner when the obligation was incurred and that has not been released from the obligation under § 4-47-607 shall contribute to the limited partnership for the purpose of enabling the limited partnership to satisfy the obligation. The contribution due from each of those persons is in proportion to the right to receive distributions in the capacity of general partner in effect for each of those persons when the obligation was incurred.

(2) If a person does not contribute the full amount required under subdivision (c)(1) with respect to an unsatisfied obligation of the limited partnership, the other persons required to contribute by subdivision (c)(1) on account of the obligation shall contribute the additional amount necessary to discharge the obligation. The additional contribution due from each of those other persons is in proportion to the right to receive distributions in the capacity of general partner in effect for each of those other persons when the obligation was incurred.

(3) If a person does not make the additional contribution required by subdivision (c)(2), further additional contributions are determined and due in the same manner as provided in that paragraph.

(d) A person that makes an additional contribution under subsection (c)(2) or (3) may recover from any person whose failure to contribute under subsection (c)(1) or (2) necessitated the additional contribution. A person may not recover under this subsection more than the amount additionally contributed. A person's liability under this subsection may not exceed the amount the person failed to contribute.

(e) The estate of a deceased individual is liable for the person's obligations under this section.

(f) An assignee for the benefit of creditors of a limited partnership or a partner, or a person appointed by a court to represent creditors of a limited partnership or a partner, may enforce a person's obligation to contribute under subsection (c).

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-28-220 — AR Code / Title 4 / Chapter 28 / Subchapter 2 / Section 4-28-220
Loans to directors and officers prohibited
Status: in_force

(a) No loans shall be made by a corporation to its directors or officers. (b) The directors of a corporation who vote for or assent to the making of a loan to a director or officer and any officers participating in the making of the loan shall be jointly and severally liable to the corporation for the amount of the loan until repayment thereof. Acts 1963, No. 176, § 9; A.S.A. 1947, § 64-1909.

(a) No loans shall be made by a corporation to its directors or officers.

(b) The directors of a corporation who vote for or assent to the making of a loan to a director or officer and any officers participating in the making of the loan shall be jointly and severally liable to the corporation for the amount of the loan until repayment thereof.

Acts 1963, No. 176, § 9; A.S.A. 1947, § 64-1909.
Ark. Code Ann. § 4-38-212 — AR Code / Title 4 / Chapter 38 / Subchapter 2 / Section 4-38-212
Annual report for Secretary of State
Status: in_force

(a) A limited liability company or registered foreign limited liability company shall deliver to the Secretary of State for filing an annual report that states: (1) the name of the company or foreign company; (2) the name and street and mailing addresses of its registered agent in this state; (3) the street and mailing addresses of its principal office; (4) if the company is member managed, the name of at least one member; (5) if the company is manager managed, the name of at least one manager; and (6) in the case of a foreign company, its jurisdiction of formation and any alternate name adopted under § 4-38-906(a) . (b) Information in the annual report must be current as of the date the report is signed by the limited liability company or registered foreign limited liability company. (c) The first annual report must be delivered to the Secretary of State for filing after January 1 and before April 1 of the year following the calendar year in which the limited liability company's certificate of organization became effective or the registered foreign limited liability company registered to do business in this state. Subsequent annual reports must be delivered to the Secretary of State for filing after January 1 and before April 1 of each calendar year thereafter. (d) If an annual report does not contain the information required by this section, the Secretary of State promptly shall notify the reporting limited liability company or registered foreign limited liability company in a record and return the report for correction. (e) If an annual report contains the name or address of a registered agent which differs from the information shown in the records of the Secretary of State immediately before the report becomes effective, the differing information in the report is considered a statement of change under § 4-38-116 . (f) A limited liability company has satisfied the annual report requirements under this section if the requirements under the Arkansas Corporate Franchise Tax Act of 1979, § 26-54-101 et seq., have been met. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

(a) A limited liability company or registered foreign limited liability company shall deliver to the Secretary of State for filing an annual report that states: (1) the name of the company or foreign company; (2) the name and street and mailing addresses of its registered agent in this state; (3) the street and mailing addresses of its principal office; (4) if the company is member managed, the name of at least one member; (5) if the company is manager managed, the name of at least one manager; and (6) in the case of a foreign company, its jurisdiction of formation and any alternate name adopted under § 4-38-906(a) .

(1) the name of the company or foreign company;

(2) the name and street and mailing addresses of its registered agent in this state;

(3) the street and mailing addresses of its principal office;

(4) if the company is member managed, the name of at least one member;

(5) if the company is manager managed, the name of at least one manager; and

(6) in the case of a foreign company, its jurisdiction of formation and any alternate name adopted under § 4-38-906(a) .

(b) Information in the annual report must be current as of the date the report is signed by the limited liability company or registered foreign limited liability company.

(c) The first annual report must be delivered to the Secretary of State for filing after January 1 and before April 1 of the year following the calendar year in which the limited liability company's certificate of organization became effective or the registered foreign limited liability company registered to do business in this state. Subsequent annual reports must be delivered to the Secretary of State for filing after January 1 and before April 1 of each calendar year thereafter.

(d) If an annual report does not contain the information required by this section, the Secretary of State promptly shall notify the reporting limited liability company or registered foreign limited liability company in a record and return the report for correction.

(e) If an annual report contains the name or address of a registered agent which differs from the information shown in the records of the Secretary of State immediately before the report becomes effective, the differing information in the report is considered a statement of change under § 4-38-116 .

(f) A limited liability company has satisfied the annual report requirements under this section if the requirements under the Arkansas Corporate Franchise Tax Act of 1979, § 26-54-101 et seq., have been met.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-47-204 — AR Code / Title 4 / Chapter 47 / Subchapter 2 / Section 4-47-204
Signing of records
Status: in_force

(a) Each record delivered to the Secretary of State for filing pursuant to this chapter must be signed in the following manner: (1) An initial certificate of limited partnership must be signed by all general partners listed in the certificate. (2) An amendment adding or deleting a statement that the limited partnership is a limited liability limited partnership must be signed by all general partners listed in the certificate. (3) An amendment designating as general partner a person admitted under § 4-47-801(3)(B) following the dissociation of a limited partnership's last general partner must be signed by that person. (4) An amendment required by § 4-47-803(c) following the appointment of a person to wind up the dissolved limited partnership's activities must be signed by that person. (5) Any other amendment must be signed by: (A) at least one general partner listed in the certificate; (B) each other person designated in the amendment as a new general partner; and (C) each person that the amendment indicates has dissociated as a general partner, unless: (i) the person is deceased or a guardian or general conservator has been appointed for the person and the amendment so states; or (ii) the person has previously delivered to the Secretary of State for filing a statement of dissociation. (6) A restated certificate of limited partnership must be signed by at least one general partner listed in the certificate, and, to the extent the restated certificate effects a change under any other paragraph of this subsection, the certificate must be signed in a manner that satisfies that paragraph. (7) A statement of termination must be signed by all general partners listed in the certificate or, if the certificate of a dissolved limited partnership lists no general partners, by the person appointed pursuant to § 4-47-803(c) or (d) to wind up the dissolved limited partnership's activities. (8) Articles of conversion must be signed by each general partner listed in the certificate of limited partnership. (9) Articles of merger must be signed as provided in § 4-47-1108(a) . (10) Any other record delivered on behalf of a limited partnership to the Secretary of State for filing must be signed by at least one general partner listed in the certificate. (11) A statement by a person pursuant to § 4-47-605(a)(4) stating that the person has dissociated as a general partner must be signed by that person. (12) A statement of withdrawal by a person pursuant to § 4-47-306 must be signed by that person. (13) A record delivered on behalf of a foreign limited partnership to the Secretary of State for filing must be signed by at least one general partner of the foreign limited partnership. (14) Any other record delivered on behalf of any person to the Secretary of State for filing must be signed by that person. (b) Any person may sign by an attorney in fact any record to be filed pursuant to this chapter. Acts 2007, No. 15, § 1.

(a) Each record delivered to the Secretary of State for filing pursuant to this chapter must be signed in the following manner: (1) An initial certificate of limited partnership must be signed by all general partners listed in the certificate. (2) An amendment adding or deleting a statement that the limited partnership is a limited liability limited partnership must be signed by all general partners listed in the certificate. (3) An amendment designating as general partner a person admitted under § 4-47-801(3)(B) following the dissociation of a limited partnership's last general partner must be signed by that person. (4) An amendment required by § 4-47-803(c) following the appointment of a person to wind up the dissolved limited partnership's activities must be signed by that person. (5) Any other amendment must be signed by: (A) at least one general partner listed in the certificate; (B) each other person designated in the amendment as a new general partner; and (C) each person that the amendment indicates has dissociated as a general partner, unless: (i) the person is deceased or a guardian or general conservator has been appointed for the person and the amendment so states; or (ii) the person has previously delivered to the Secretary of State for filing a statement of dissociation. (6) A restated certificate of limited partnership must be signed by at least one general partner listed in the certificate, and, to the extent the restated certificate effects a change under any other paragraph of this subsection, the certificate must be signed in a manner that satisfies that paragraph. (7) A statement of termination must be signed by all general partners listed in the certificate or, if the certificate of a dissolved limited partnership lists no general partners, by the person appointed pursuant to § 4-47-803(c) or (d) to wind up the dissolved limited partnership's activities. (8) Articles of conversion must be signed by each general partner listed in the certificate of limited partnership. (9) Articles of merger must be signed as provided in § 4-47-1108(a) . (10) Any other record delivered on behalf of a limited partnership to the Secretary of State for filing must be signed by at least one general partner listed in the certificate. (11) A statement by a person pursuant to § 4-47-605(a)(4) stating that the person has dissociated as a general partner must be signed by that person. (12) A statement of withdrawal by a person pursuant to § 4-47-306 must be signed by that person. (13) A record delivered on behalf of a foreign limited partnership to the Secretary of State for filing must be signed by at least one general partner of the foreign limited partnership. (14) Any other record delivered on behalf of any person to the Secretary of State for filing must be signed by that person.

(1) An initial certificate of limited partnership must be signed by all general partners listed in the certificate.

(2) An amendment adding or deleting a statement that the limited partnership is a limited liability limited partnership must be signed by all general partners listed in the certificate.

(3) An amendment designating as general partner a person admitted under § 4-47-801(3)(B) following the dissociation of a limited partnership's last general partner must be signed by that person.

(4) An amendment required by § 4-47-803(c) following the appointment of a person to wind up the dissolved limited partnership's activities must be signed by that person.

(5) Any other amendment must be signed by: (A) at least one general partner listed in the certificate; (B) each other person designated in the amendment as a new general partner; and (C) each person that the amendment indicates has dissociated as a general partner, unless: (i) the person is deceased or a guardian or general conservator has been appointed for the person and the amendment so states; or (ii) the person has previously delivered to the Secretary of State for filing a statement of dissociation.

(A) at least one general partner listed in the certificate;

(B) each other person designated in the amendment as a new general partner; and

(C) each person that the amendment indicates has dissociated as a general partner, unless: (i) the person is deceased or a guardian or general conservator has been appointed for the person and the amendment so states; or (ii) the person has previously delivered to the Secretary of State for filing a statement of dissociation.

(i) the person is deceased or a guardian or general conservator has been appointed for the person and the amendment so states; or

(ii) the person has previously delivered to the Secretary of State for filing a statement of dissociation.

(6) A restated certificate of limited partnership must be signed by at least one general partner listed in the certificate, and, to the extent the restated certificate effects a change under any other paragraph of this subsection, the certificate must be signed in a manner that satisfies that paragraph.

(7) A statement of termination must be signed by all general partners listed in the certificate or, if the certificate of a dissolved limited partnership lists no general partners, by the person appointed pursuant to § 4-47-803(c) or (d) to wind up the dissolved limited partnership's activities.

(8) Articles of conversion must be signed by each general partner listed in the certificate of limited partnership.

(9) Articles of merger must be signed as provided in § 4-47-1108(a) .

(10) Any other record delivered on behalf of a limited partnership to the Secretary of State for filing must be signed by at least one general partner listed in the certificate.

(11) A statement by a person pursuant to § 4-47-605(a)(4) stating that the person has dissociated as a general partner must be signed by that person.

(12) A statement of withdrawal by a person pursuant to § 4-47-306 must be signed by that person.

(13) A record delivered on behalf of a foreign limited partnership to the Secretary of State for filing must be signed by at least one general partner of the foreign limited partnership.

(14) Any other record delivered on behalf of any person to the Secretary of State for filing must be signed by that person.

(b) Any person may sign by an attorney in fact any record to be filed pursuant to this chapter.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-29-205 — AR Code / Title 4 / Chapter 29 / Subchapter 2 / Section 4-29-205
Professional relationships unaltered
Status: in_force

This subchapter does not alter any law applicable to the relationship between a person furnishing professional service and a person receiving the service, including liability arising out of the professional service. Acts 1963, No. 155, § 15; A.S.A. 1947, § 64-2015.

This subchapter does not alter any law applicable to the relationship between a person furnishing professional service and a person receiving the service, including liability arising out of the professional service.

Acts 1963, No. 155, § 15; A.S.A. 1947, § 64-2015.