Ark. Code Ann. § 4-21-103 — AR Code / Title 4 / Chapter 21 / Section 4-21-103
Prohibitions
Status: in_force

(a) A personal firearm, a firearms accessory, or ammunition that is manufactured commercially or privately in Arkansas and that remains within the borders of Arkansas is not subject to federal law or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce, as those items have not traveled in interstate commerce. (b) (1) This chapter applies to a firearm, a firearms accessory, or ammunition that is manufactured in Arkansas from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state. (2) Generic and insignificant parts that have other manufacturing or consumer product applications that are not firearms, firearms accessories, or ammunition that are imported into Arkansas and incorporated into a firearm, a firearm accessory, or ammunition manufactured in Arkansas do not subject the firearm, firearm accessory, or ammunition to federal regulation. (3) Basic materials, such as unmachined steel and unshaped wood, are not firearms, firearms accessories, or ammunition and are not subject to congressional authority to regulate firearms, firearms accessories, and ammunition under interstate commerce as if they were actually firearms, firearms accessories, or ammunition. (4) The authority of the United States Congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearms accessories, and ammunition made in Arkansas from the materials contained in this subsection as long as the firearm is not taken or sold outside the boundaries of the State of Arkansas. (c) Firearms accessories that are imported into Arkansas from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in Arkansas. (d) This section does not apply to: (1) A firearm that cannot be carried and used by one (1) person; (2) A firearm that has a bore diameter greater than one and one-half inches (1 ½") and that uses smokeless powder, not black powder, as a propellant; (3) Ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; or (4) Other than shotguns, a firearm that discharges two (2) or more projectiles with one (1) activation of the trigger or other firing device. Added by Act 2021, No. 872,§ 1, eff. 7/28/2021.

(a) A personal firearm, a firearms accessory, or ammunition that is manufactured commercially or privately in Arkansas and that remains within the borders of Arkansas is not subject to federal law or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce, as those items have not traveled in interstate commerce.

(b) (1) This chapter applies to a firearm, a firearms accessory, or ammunition that is manufactured in Arkansas from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state. (2) Generic and insignificant parts that have other manufacturing or consumer product applications that are not firearms, firearms accessories, or ammunition that are imported into Arkansas and incorporated into a firearm, a firearm accessory, or ammunition manufactured in Arkansas do not subject the firearm, firearm accessory, or ammunition to federal regulation. (3) Basic materials, such as unmachined steel and unshaped wood, are not firearms, firearms accessories, or ammunition and are not subject to congressional authority to regulate firearms, firearms accessories, and ammunition under interstate commerce as if they were actually firearms, firearms accessories, or ammunition. (4) The authority of the United States Congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearms accessories, and ammunition made in Arkansas from the materials contained in this subsection as long as the firearm is not taken or sold outside the boundaries of the State of Arkansas.

(1) This chapter applies to a firearm, a firearms accessory, or ammunition that is manufactured in Arkansas from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state.

(2) Generic and insignificant parts that have other manufacturing or consumer product applications that are not firearms, firearms accessories, or ammunition that are imported into Arkansas and incorporated into a firearm, a firearm accessory, or ammunition manufactured in Arkansas do not subject the firearm, firearm accessory, or ammunition to federal regulation.

(3) Basic materials, such as unmachined steel and unshaped wood, are not firearms, firearms accessories, or ammunition and are not subject to congressional authority to regulate firearms, firearms accessories, and ammunition under interstate commerce as if they were actually firearms, firearms accessories, or ammunition.

(4) The authority of the United States Congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearms accessories, and ammunition made in Arkansas from the materials contained in this subsection as long as the firearm is not taken or sold outside the boundaries of the State of Arkansas.

(c) Firearms accessories that are imported into Arkansas from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in Arkansas.

(d) This section does not apply to: (1) A firearm that cannot be carried and used by one (1) person; (2) A firearm that has a bore diameter greater than one and one-half inches (1 ½") and that uses smokeless powder, not black powder, as a propellant; (3) Ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; or (4) Other than shotguns, a firearm that discharges two (2) or more projectiles with one (1) activation of the trigger or other firing device.

(1) A firearm that cannot be carried and used by one (1) person;

(2) A firearm that has a bore diameter greater than one and one-half inches (1 ½") and that uses smokeless powder, not black powder, as a propellant;

(3) Ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; or

(4) Other than shotguns, a firearm that discharges two (2) or more projectiles with one (1) activation of the trigger or other firing device.

Added by Act 2021, No. 872,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 4-47-904 — AR Code / Title 4 / Chapter 47 / Subchapter 9 / Section 4-47-904
Filing of certificate of authority
Status: in_force

Unless the Secretary of State determines that an application for a certificate of authority does not comply with the filing requirements of this chapter, the Secretary of State, upon payment of all filing fees, shall file the application, prepare, sign and file a certificate of authority to transact business in this State, and send a copy of the filed certificate, together with a receipt for the fees, to the foreign limited partnership or its representative. Acts 2007, No. 15, § 1.

Unless the Secretary of State determines that an application for a certificate of authority does not comply with the filing requirements of this chapter, the Secretary of State, upon payment of all filing fees, shall file the application, prepare, sign and file a certificate of authority to transact business in this State, and send a copy of the filed certificate, together with a receipt for the fees, to the foreign limited partnership or its representative.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-47-509 — AR Code / Title 4 / Chapter 47 / Subchapter 5 / Section 4-47-509
Liability for improper distributions
Status: in_force

(a) A general partner that consents to a distribution made in violation of § 4-47-508 is personally liable to the limited partnership for the amount of the distribution which exceeds the amount that could have been distributed without the violation if it is established that in consenting to the distribution the general partner failed to comply with § 4-47-408 . (b) A partner or transferee that received a distribution knowing that the distribution to that partner or transferee was made in violation of § 4-47-508 is personally liable to the limited partnership but only to the extent that the distribution received by the partner or transferee exceeded the amount that could have been properly paid under § 4-47-508 . (c) A general partner against which an action is commenced under subsection (a) may: (1) implead in the action any other person that is liable under subsection (a) and compel contribution from the person; and (2) implead in the action any person that received a distribution in violation of subsection (b) and compel contribution from the person in the amount the person received in violation of subsection (b). (d) An action under this section is barred if it is not commenced within two years after the distribution. Acts 2007, No. 15, § 1.

(a) A general partner that consents to a distribution made in violation of § 4-47-508 is personally liable to the limited partnership for the amount of the distribution which exceeds the amount that could have been distributed without the violation if it is established that in consenting to the distribution the general partner failed to comply with § 4-47-408 .

(b) A partner or transferee that received a distribution knowing that the distribution to that partner or transferee was made in violation of § 4-47-508 is personally liable to the limited partnership but only to the extent that the distribution received by the partner or transferee exceeded the amount that could have been properly paid under § 4-47-508 .

(c) A general partner against which an action is commenced under subsection (a) may: (1) implead in the action any other person that is liable under subsection (a) and compel contribution from the person; and (2) implead in the action any person that received a distribution in violation of subsection (b) and compel contribution from the person in the amount the person received in violation of subsection (b).

(1) implead in the action any other person that is liable under subsection (a) and compel contribution from the person; and

(2) implead in the action any person that received a distribution in violation of subsection (b) and compel contribution from the person in the amount the person received in violation of subsection (b).

(d) An action under this section is barred if it is not commenced within two years after the distribution.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-29-302 — AR Code / Title 4 / Chapter 29 / Subchapter 3 / Section 4-29-302
Definitions
Status: in_force

As used in this subchapter: (1) "Beneficial owner" means an individual who is the grantor and sole trustee of a revocable living trust wherein the individual reserves the unrestricted right to revoke the trust; (2) "Foreign medical corporation" means a corporation: (A) Organized under laws other than the laws of this state; and (B) In which all officers, directors, and shareholders of the corporation are licensed to practice medicine in the state of incorporation; (3) "Professional service" means any type of professional service that may be legally performed only pursuant to a license or other legal personal authorization, for example: the personal service rendered by certified public accountants, architects, engineers, dentists, doctors, and attorneys at law; and (4) "Shareholder" means either: (A) The person in whose name shares are registered in the records of a corporation; or (B) The beneficial owner of shares of a revocable living trust where the shares are registered in the records of the corporation in the names of the revocable living trust. Amended by Act 2013, No. 135,§ 1, eff. 2/20/2013. Acts 1961, No. 179, § 1; A.S.A. 1947, § 64-1701; Acts 1997, No. 306, § 2.

As used in this subchapter:

(1) "Beneficial owner" means an individual who is the grantor and sole trustee of a revocable living trust wherein the individual reserves the unrestricted right to revoke the trust;

(2) "Foreign medical corporation" means a corporation: (A) Organized under laws other than the laws of this state; and (B) In which all officers, directors, and shareholders of the corporation are licensed to practice medicine in the state of incorporation;

(A) Organized under laws other than the laws of this state; and

(B) In which all officers, directors, and shareholders of the corporation are licensed to practice medicine in the state of incorporation;

(3) "Professional service" means any type of professional service that may be legally performed only pursuant to a license or other legal personal authorization, for example: the personal service rendered by certified public accountants, architects, engineers, dentists, doctors, and attorneys at law; and

(4) "Shareholder" means either: (A) The person in whose name shares are registered in the records of a corporation; or (B) The beneficial owner of shares of a revocable living trust where the shares are registered in the records of the corporation in the names of the revocable living trust.

(A) The person in whose name shares are registered in the records of a corporation; or

(B) The beneficial owner of shares of a revocable living trust where the shares are registered in the records of the corporation in the names of the revocable living trust.

Amended by Act 2013, No. 135,§ 1, eff. 2/20/2013.

Acts 1961, No. 179, § 1; A.S.A. 1947, § 64-1701; Acts 1997, No. 306, § 2.
Ark. Code Ann. § 4-47-1005 — AR Code / Title 4 / Chapter 47 / Subchapter 10 / Section 4-47-1005
Proceeds and expenses
Status: in_force

(a) Except as otherwise provided in subsection (b): (1) any proceeds or other benefits of a derivative action, whether by judgment, compromise, or settlement, belong to the limited partnership and not to the derivative plaintiff; (2) if the derivative plaintiff receives any proceeds, the derivative plaintiff shall immediately remit them to the limited partnership. (b) If a derivative action is successful in whole or in part, the court may award the plaintiff reasonable expenses, including reasonable attorney's fees, from the recovery of the limited partnership. Acts 2007, No. 15, § 1.

(a) Except as otherwise provided in subsection (b): (1) any proceeds or other benefits of a derivative action, whether by judgment, compromise, or settlement, belong to the limited partnership and not to the derivative plaintiff; (2) if the derivative plaintiff receives any proceeds, the derivative plaintiff shall immediately remit them to the limited partnership.

(1) any proceeds or other benefits of a derivative action, whether by judgment, compromise, or settlement, belong to the limited partnership and not to the derivative plaintiff;

(2) if the derivative plaintiff receives any proceeds, the derivative plaintiff shall immediately remit them to the limited partnership.

(b) If a derivative action is successful in whole or in part, the court may award the plaintiff reasonable expenses, including reasonable attorney's fees, from the recovery of the limited partnership.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-98-101 — AR Code / Title 4 / Chapter 98 / Section 4-98-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Arkansas Pay-Per-Call Consumer Protection Act". Acts 1993, No. 203, § 1.

This chapter shall be known and may be cited as the "Arkansas Pay-Per-Call Consumer Protection Act".

Acts 1993, No. 203, § 1.
Ark. Code Ann. § 4-38-206 — AR Code / Title 4 / Chapter 38 / Subchapter 2 / Section 4-38-206
Filing requirements
Status: in_force

(a) To be filed by the Secretary of State pursuant to this chapter, a record must be received by the Secretary of State, comply with this chapter, and satisfy the following: (1) The filing of the record must be required or permitted by this chapter. (2) The record must be physically delivered in written form unless and to the extent the Secretary of State permits electronic delivery of records. (3) The words in the record must be in English, and numbers must be in Arabic or Roman numerals, but the name of an entity need not be in English if written in English letters or Arabic or Roman numerals. (4) The record must be signed by a person authorized or required under this chapter to sign the record. (5) The record must state the name and capacity, if any, of each individual who signed it, either on behalf of the individual or the person authorized or required to sign the record, but need not contain a seal, attestation, acknowledgment, or verification. (b) If law other than this chapter prohibits the disclosure by the Secretary of State of information contained in a record delivered to the Secretary of State for filing, the Secretary of State shall file the record if the record otherwise complies with this chapter but may redact the information. (c) When a record is delivered to the Secretary of State for filing, any fee required under this chapter and any fee, tax, interest, or penalty required to be paid under this chapter or law other than this chapter must be paid in a manner permitted by the Secretary of State or by that law. (d) The Secretary of State may require that a record delivered in written form be accompanied by an identical or conformed copy. (e) The Secretary of State may provide forms for filings required or permitted to be made by this chapter, but, except as otherwise provided in subsection (f), their use is not required. (f) The Secretary of State may require that a cover sheet for a filing be on a form prescribed by the Secretary of State. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

(a) To be filed by the Secretary of State pursuant to this chapter, a record must be received by the Secretary of State, comply with this chapter, and satisfy the following: (1) The filing of the record must be required or permitted by this chapter. (2) The record must be physically delivered in written form unless and to the extent the Secretary of State permits electronic delivery of records. (3) The words in the record must be in English, and numbers must be in Arabic or Roman numerals, but the name of an entity need not be in English if written in English letters or Arabic or Roman numerals. (4) The record must be signed by a person authorized or required under this chapter to sign the record. (5) The record must state the name and capacity, if any, of each individual who signed it, either on behalf of the individual or the person authorized or required to sign the record, but need not contain a seal, attestation, acknowledgment, or verification.

(1) The filing of the record must be required or permitted by this chapter.

(2) The record must be physically delivered in written form unless and to the extent the Secretary of State permits electronic delivery of records.

(3) The words in the record must be in English, and numbers must be in Arabic or Roman numerals, but the name of an entity need not be in English if written in English letters or Arabic or Roman numerals.

(4) The record must be signed by a person authorized or required under this chapter to sign the record.

(5) The record must state the name and capacity, if any, of each individual who signed it, either on behalf of the individual or the person authorized or required to sign the record, but need not contain a seal, attestation, acknowledgment, or verification.

(b) If law other than this chapter prohibits the disclosure by the Secretary of State of information contained in a record delivered to the Secretary of State for filing, the Secretary of State shall file the record if the record otherwise complies with this chapter but may redact the information.

(c) When a record is delivered to the Secretary of State for filing, any fee required under this chapter and any fee, tax, interest, or penalty required to be paid under this chapter or law other than this chapter must be paid in a manner permitted by the Secretary of State or by that law.

(d) The Secretary of State may require that a record delivered in written form be accompanied by an identical or conformed copy.

(e) The Secretary of State may provide forms for filings required or permitted to be made by this chapter, but, except as otherwise provided in subsection (f), their use is not required.

(f) The Secretary of State may require that a cover sheet for a filing be on a form prescribed by the Secretary of State.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-38-1203 — AR Code / Title 4 / Chapter 38 / Subchapter 12 / Section 4-38-1203
Name - Professional limited liability company
Status: in_force

(a) The name of a limited liability company which performs a professional service shall contain the words "Professional Limited Liability Company" or "Professional Limited Company" or the abbreviations "P.L.L.C.", "P.L.C.", "PLLC", "PLC", and the words "Limited" and "Company" may be abbreviated as "Ltd." or "Co." and may not contain the name of any person who is not a member, except that the name of a former member or member of a predecessor organization may continue to be included in the name. (b) A limited liability company formed under this chapter shall have only one corporate suffix, as allowed by subsection (a). Renumbered from Ark. Code § 4-38-1202 and amended by Act 2021EX2, No. 12,§ 3, eff. 12/9/2021. Renumbered from Ark. Code § 4-38-1202 and amended by Act 2021EX2, No. 7,§ 3, eff. 12/9/2021. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

(a) The name of a limited liability company which performs a professional service shall contain the words "Professional Limited Liability Company" or "Professional Limited Company" or the abbreviations "P.L.L.C.", "P.L.C.", "PLLC", "PLC", and the words "Limited" and "Company" may be abbreviated as "Ltd." or "Co." and may not contain the name of any person who is not a member, except that the name of a former member or member of a predecessor organization may continue to be included in the name.

(b) A limited liability company formed under this chapter shall have only one corporate suffix, as allowed by subsection (a).

Renumbered from Ark. Code § 4-38-1202 and amended by Act 2021EX2, No. 12,§ 3, eff. 12/9/2021.

Renumbered from Ark. Code § 4-38-1202 and amended by Act 2021EX2, No. 7,§ 3, eff. 12/9/2021.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-58-102 — AR Code / Title 4 / Chapter 58 / Section 4-58-102
Assignment of certain instruments authorized
Status: in_force

All bonds, bills, notes, agreements, and contracts in writing for the payment of money or property, or for both money and property, shall be assignable. Rev. Stat., ch. 11, § 1; C. & M. Dig., § 475; Pope's Dig., § 512; A.S.A. 1947, § 68-801.

All bonds, bills, notes, agreements, and contracts in writing for the payment of money or property, or for both money and property, shall be assignable.

Rev. Stat., ch. 11, § 1; C. & M. Dig., § 475; Pope's Dig., § 512; A.S.A. 1947, § 68-801.
Ark. Code Ann. § 4-107-305 — AR Code / Title 4 / Chapter 107 / Subchapter 3 / Section 4-107-305
Liability
Status: in_force

(a) A cardholder is personally liable for charges and interest incurred by the named credit card account member, any coapplicant, or any authorized user on the credit card account of the cardholder. (b) A cardholder is not liable for charges and interest incurred on the credit card account as a result of fraudulent activity by another person. Added by Act 2013, No. 1495,§ 2, eff. 8/16/2013.

(a) A cardholder is personally liable for charges and interest incurred by the named credit card account member, any coapplicant, or any authorized user on the credit card account of the cardholder.

(b) A cardholder is not liable for charges and interest incurred on the credit card account as a result of fraudulent activity by another person.

Added by Act 2013, No. 1495,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 4-46-203 — AR Code / Title 4 / Chapter 46 / Subchapter 2 / Section 4-46-203
Partnership property
Status: in_force

Property acquired by a partnership is property of the partnership and not of the partners individually. Acts 1999, No. 1518, § 203.

Property acquired by a partnership is property of the partnership and not of the partners individually.

Acts 1999, No. 1518, § 203.
Ark. Code Ann. § 4-32-101 — AR Code / Title 4 / Chapter 32 / Subchapter 1 / Section 4-32-101
through 4-32-109 - [Repealed]
Status: repealed

Repealed by Act 2021, No. 1041,§ 1, eff. 7/28/2021. See Act 2021EX2, No. 7, § 1. See Act 2021EX2, No. 7, § 4. Acts 1993, No. 1003, § 101.

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

See Act 2021EX2, No. 7, § 1.

See Act 2021EX2, No. 7, § 4.

Acts 1993, No. 1003, § 101.
Ark. Code Ann. § 4-76-103 — AR Code / Title 4 / Chapter 76 / Section 4-76-103
Licensing negotiations
Status: in_force

No performing rights society shall offer to enter into or enter into a contract for the payment of royalties by a proprietor unless, at the time of the offer or any time thereafter, but no later than seventy-two (72) hours prior to the execution of that contract, it provides to the proprietor, in writing, the following: (1) A schedule of the rates and terms of royalties under the contract; (2) At the request of the proprietor, the opportunity to review the most current available list of the members or affiliates represented by the society; (3) Notice that it will make available, on written request of any proprietor, at the sole expense of the proprietor, the most current available listing of the copyrighted musical works in the performing rights society's repertory, provided that the notice specifies the means by which such information can be secured; and (4) A toll-free number that the proprietor can use to obtain answers to specific questions concerning the performing rights society's repertoire. Acts 1997, No. 648, § 3.

No performing rights society shall offer to enter into or enter into a contract for the payment of royalties by a proprietor unless, at the time of the offer or any time thereafter, but no later than seventy-two (72) hours prior to the execution of that contract, it provides to the proprietor, in writing, the following:

(1) A schedule of the rates and terms of royalties under the contract;

(2) At the request of the proprietor, the opportunity to review the most current available list of the members or affiliates represented by the society;

(3) Notice that it will make available, on written request of any proprietor, at the sole expense of the proprietor, the most current available listing of the copyrighted musical works in the performing rights society's repertory, provided that the notice specifies the means by which such information can be secured; and

(4) A toll-free number that the proprietor can use to obtain answers to specific questions concerning the performing rights society's repertoire.

Acts 1997, No. 648, § 3.
Ark. Code Ann. § 4-58-110 — AR Code / Title 4 / Chapter 58 / Section 4-58-110
Recovery by plaintiff
Status: in_force

The plaintiff in the several actions shall collect only the amount of his or her demand, with interest due thereon, and the costs on only one (1) of the actions. Rev. Stat., ch. 11, § 10; C. & M. Dig., § 485; Pope's Dig., § 522; A.S.A. 1947, § 68-812.

The plaintiff in the several actions shall collect only the amount of his or her demand, with interest due thereon, and the costs on only one (1) of the actions.

Rev. Stat., ch. 11, § 10; C. & M. Dig., § 485; Pope's Dig., § 522; A.S.A. 1947, § 68-812.
Ark. Code Ann. § 4-88-603 — AR Code / Title 4 / Chapter 88 / Subchapter 6 / Section 4-88-603
Unsolicited commercial or sexually explicit electronic mail - Requirements
Status: in_force

(a) Each person who sends or causes to be sent an unsolicited commercial electronic mail or an unsolicited sexually explicit electronic mail through the intermediary of an electronic mail service provider or to an electronic mail address held by a resident of the state shall: (1) Conspicuously state in the electronic mail the sender's: (A) Legal name; (B) Correct street address; and (C) Valid internet domain name; (2) For a sexually explicit electronic mail, include in the electronic mail a subject line that contains "adv:adult" as the first nine (9) characters; (3) Provide the recipient a convenient, no-cost mechanism to notify the sender not to send any future electronic mail to the recipient, including: (A) Return electronic mail to a valid, functioning return electronic address; and (B) For a sexually explicit electronic mail and if the sender has a toll-free telephone number, the sender's toll-free telephone number; and (4) Conspicuously provide in the text of the electronic mail a notice: (A) That informs the recipient that the recipient may conveniently and at no cost be excluded from future commercial or sexually explicit electronic mail, as the case may be, from the sender; and (B) For sexually explicit electronic mail, if the sender has a toll-free telephone number, that includes the sender's valid, toll-free telephone number that the recipient may call to be excluded from future electronic mail from the sender. (b) (1) A commercial electronic mail is not unsolicited if the sender has a preexisting business or personal relationship with the recipient. (2) The sender of a commercial electronic mail of this nature must still include in the electronic mail message the required disclosures set forth in subdivisions (a)(3) and (4) of this section and shall remove the recipient from future mailings if requested. (c) A person who sends or causes to be sent an unsolicited commercial electronic mail or an unsolicited sexually explicit electronic mail through the intermediary of an electronic mail service provider located in the state or to an electronic mail address held by a resident of the state may not: (1) Use a third party's internet domain name in identifying the point of origin or in stating the transmission path of the electronic mail without the third party's consent; (2) Misrepresent any information in identifying the point of origin or the transmission path of the electronic mail; or (3) Fail to include in the electronic mail the information necessary to identify the point of origin of the electronic mail. (d) (1) If the recipient of an unsolicited commercial electronic mail or an unsolicited sexually explicit electronic mail notifies the sender that the recipient does not want to receive future commercial electronic mail or future sexually explicit electronic mail from the sender, the sender may not send that recipient a commercial electronic mail or a sexually explicit electronic mail either directly or through a subsidiary or affiliate. (2) If a recipient has requested to be removed from future mailings, the sender may recontact the recipient if a preexisting business relationship has been reestablished or if the recipient has expressly requested to receive future mailings from the sender. Acts 2003, No. 1019, § 1.

(a) Each person who sends or causes to be sent an unsolicited commercial electronic mail or an unsolicited sexually explicit electronic mail through the intermediary of an electronic mail service provider or to an electronic mail address held by a resident of the state shall: (1) Conspicuously state in the electronic mail the sender's: (A) Legal name; (B) Correct street address; and (C) Valid internet domain name; (2) For a sexually explicit electronic mail, include in the electronic mail a subject line that contains "adv:adult" as the first nine (9) characters; (3) Provide the recipient a convenient, no-cost mechanism to notify the sender not to send any future electronic mail to the recipient, including: (A) Return electronic mail to a valid, functioning return electronic address; and (B) For a sexually explicit electronic mail and if the sender has a toll-free telephone number, the sender's toll-free telephone number; and (4) Conspicuously provide in the text of the electronic mail a notice: (A) That informs the recipient that the recipient may conveniently and at no cost be excluded from future commercial or sexually explicit electronic mail, as the case may be, from the sender; and (B) For sexually explicit electronic mail, if the sender has a toll-free telephone number, that includes the sender's valid, toll-free telephone number that the recipient may call to be excluded from future electronic mail from the sender.

(1) Conspicuously state in the electronic mail the sender's: (A) Legal name; (B) Correct street address; and (C) Valid internet domain name;

(A) Legal name;

(B) Correct street address; and

(C) Valid internet domain name;

(2) For a sexually explicit electronic mail, include in the electronic mail a subject line that contains "adv:adult" as the first nine (9) characters;

(3) Provide the recipient a convenient, no-cost mechanism to notify the sender not to send any future electronic mail to the recipient, including: (A) Return electronic mail to a valid, functioning return electronic address; and (B) For a sexually explicit electronic mail and if the sender has a toll-free telephone number, the sender's toll-free telephone number; and

(A) Return electronic mail to a valid, functioning return electronic address; and

(B) For a sexually explicit electronic mail and if the sender has a toll-free telephone number, the sender's toll-free telephone number; and

(4) Conspicuously provide in the text of the electronic mail a notice: (A) That informs the recipient that the recipient may conveniently and at no cost be excluded from future commercial or sexually explicit electronic mail, as the case may be, from the sender; and (B) For sexually explicit electronic mail, if the sender has a toll-free telephone number, that includes the sender's valid, toll-free telephone number that the recipient may call to be excluded from future electronic mail from the sender.

(A) That informs the recipient that the recipient may conveniently and at no cost be excluded from future commercial or sexually explicit electronic mail, as the case may be, from the sender; and

(B) For sexually explicit electronic mail, if the sender has a toll-free telephone number, that includes the sender's valid, toll-free telephone number that the recipient may call to be excluded from future electronic mail from the sender.

(b) (1) A commercial electronic mail is not unsolicited if the sender has a preexisting business or personal relationship with the recipient. (2) The sender of a commercial electronic mail of this nature must still include in the electronic mail message the required disclosures set forth in subdivisions (a)(3) and (4) of this section and shall remove the recipient from future mailings if requested.

(1) A commercial electronic mail is not unsolicited if the sender has a preexisting business or personal relationship with the recipient.

(2) The sender of a commercial electronic mail of this nature must still include in the electronic mail message the required disclosures set forth in subdivisions (a)(3) and (4) of this section and shall remove the recipient from future mailings if requested.

(c) A person who sends or causes to be sent an unsolicited commercial electronic mail or an unsolicited sexually explicit electronic mail through the intermediary of an electronic mail service provider located in the state or to an electronic mail address held by a resident of the state may not: (1) Use a third party's internet domain name in identifying the point of origin or in stating the transmission path of the electronic mail without the third party's consent; (2) Misrepresent any information in identifying the point of origin or the transmission path of the electronic mail; or (3) Fail to include in the electronic mail the information necessary to identify the point of origin of the electronic mail.

(1) Use a third party's internet domain name in identifying the point of origin or in stating the transmission path of the electronic mail without the third party's consent;

(2) Misrepresent any information in identifying the point of origin or the transmission path of the electronic mail; or

(3) Fail to include in the electronic mail the information necessary to identify the point of origin of the electronic mail.

(d) (1) If the recipient of an unsolicited commercial electronic mail or an unsolicited sexually explicit electronic mail notifies the sender that the recipient does not want to receive future commercial electronic mail or future sexually explicit electronic mail from the sender, the sender may not send that recipient a commercial electronic mail or a sexually explicit electronic mail either directly or through a subsidiary or affiliate. (2) If a recipient has requested to be removed from future mailings, the sender may recontact the recipient if a preexisting business relationship has been reestablished or if the recipient has expressly requested to receive future mailings from the sender.

(1) If the recipient of an unsolicited commercial electronic mail or an unsolicited sexually explicit electronic mail notifies the sender that the recipient does not want to receive future commercial electronic mail or future sexually explicit electronic mail from the sender, the sender may not send that recipient a commercial electronic mail or a sexually explicit electronic mail either directly or through a subsidiary or affiliate.

(2) If a recipient has requested to be removed from future mailings, the sender may recontact the recipient if a preexisting business relationship has been reestablished or if the recipient has expressly requested to receive future mailings from the sender.

Acts 2003, No. 1019, § 1.
Ark. Code Ann. § 4-37-804 — AR Code / Title 4 / Chapter 37 / Subchapter 8 / Section 4-37-804
Savings clause
Status: in_force

This chapter does not affect an action commenced, proceeding brought, or right accrued before October 1, 2019. Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.

This chapter does not affect an action commenced, proceeding brought, or right accrued before October 1, 2019.

Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 4-18-342 — AR Code / Title 4 / Chapter 18 / Subchapter 3 / Section 4-18-342
Packages or amounts of commodities - Inspection - Disposition of nonconforming units
Status: in_force

(a) (1) The Director of the Arkansas Bureau of Standards shall from time to time weigh or measure and inspect packages or amounts of commodities kept, offered, or exposed for sale, sold, or in the process of delivery to determine whether the packages or amounts of commodities contain the amounts represented and whether they are kept, offered, or exposed for sale or sold in accordance with law. (2) When the packages or amounts of commodities are found not to contain the amounts represented or are found to be kept, offered, or exposed for sale in violation of law, the director may order them off sale and may so mark or tag them as to show them to be illegal. (b) A person shall not: (1) Sell, keep, offer, or expose for sale in intrastate commerce any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section unless the package or amount of commodity has been brought into full compliance with all legal requirements; or (2) Dispose of any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section or that has not been brought into compliance with legal requirements in any manner except with the specific approval of the director. Acts 2005, No. 914, § 5.

(a) (1) The Director of the Arkansas Bureau of Standards shall from time to time weigh or measure and inspect packages or amounts of commodities kept, offered, or exposed for sale, sold, or in the process of delivery to determine whether the packages or amounts of commodities contain the amounts represented and whether they are kept, offered, or exposed for sale or sold in accordance with law. (2) When the packages or amounts of commodities are found not to contain the amounts represented or are found to be kept, offered, or exposed for sale in violation of law, the director may order them off sale and may so mark or tag them as to show them to be illegal.

(1) The Director of the Arkansas Bureau of Standards shall from time to time weigh or measure and inspect packages or amounts of commodities kept, offered, or exposed for sale, sold, or in the process of delivery to determine whether the packages or amounts of commodities contain the amounts represented and whether they are kept, offered, or exposed for sale or sold in accordance with law.

(2) When the packages or amounts of commodities are found not to contain the amounts represented or are found to be kept, offered, or exposed for sale in violation of law, the director may order them off sale and may so mark or tag them as to show them to be illegal.

(b) A person shall not: (1) Sell, keep, offer, or expose for sale in intrastate commerce any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section unless the package or amount of commodity has been brought into full compliance with all legal requirements; or (2) Dispose of any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section or that has not been brought into compliance with legal requirements in any manner except with the specific approval of the director.

(1) Sell, keep, offer, or expose for sale in intrastate commerce any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section unless the package or amount of commodity has been brought into full compliance with all legal requirements; or

(2) Dispose of any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section or that has not been brought into compliance with legal requirements in any manner except with the specific approval of the director.

Acts 2005, No. 914, § 5.
Ark. Code Ann. § 4-26-710 — AR Code / Title 4 / Chapter 26 / Subchapter 7 / Section 4-26-710
Action by shareholders without a meeting
Status: in_force

(a) Any action required by this chapter to be taken at a meeting of the shareholders of a corporation or any action which may be taken at a meeting of the shareholders may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the shareholders entitled to vote with respect to the subject matter thereof. (b) The consent shall have the same force and effect as a unanimous vote of shareholders and may be stated as such in any articles or document filed with the Secretary of State under this chapter. Acts 1965, No. 576, § 35.1; A.S.A. 1947, § 64-220.

(a) Any action required by this chapter to be taken at a meeting of the shareholders of a corporation or any action which may be taken at a meeting of the shareholders may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the shareholders entitled to vote with respect to the subject matter thereof.

(b) The consent shall have the same force and effect as a unanimous vote of shareholders and may be stated as such in any articles or document filed with the Secretary of State under this chapter.

Acts 1965, No. 576, § 35.1; A.S.A. 1947, § 64-220.
Ark. Code Ann. § 4-90-705 — AR Code / Title 4 / Chapter 90 / Subchapter 7 / Section 4-90-705
Application of Section 4-88-101 et seq. to debt cancellation agreements and sellers of debt cancellation agreements
Status: in_force

(a) Debt cancellation agreements and sellers of debt cancellation agreements are subject to the provisions of § 4-88-101 et seq., and any violation of any of the provisions of this subchapter constitutes an unconscionable or deceptive act or practice under § 4-88-101 et seq. (b) All remedies, penalties, and authority granted to the Attorney General under § 4-88-101 et seq. are available to the Attorney General for the enforcement of this subchapter. Acts 2007, No. 496, § 22.

(a) Debt cancellation agreements and sellers of debt cancellation agreements are subject to the provisions of § 4-88-101 et seq., and any violation of any of the provisions of this subchapter constitutes an unconscionable or deceptive act or practice under § 4-88-101 et seq.

(b) All remedies, penalties, and authority granted to the Attorney General under § 4-88-101 et seq. are available to the Attorney General for the enforcement of this subchapter.

Acts 2007, No. 496, § 22.
Ark. Code Ann. § 4-18-307 — AR Code / Title 4 / Chapter 18 / Subchapter 3 / Section 4-18-307
Requirements for unit pricing
Status: in_force

The Uniform Unit Pricing Regulation as adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130, "Uniform Laws and Regulations," and supplements thereto or revisions thereof, shall apply to unit pricing in the state, as adopted, or amended and adopted, by rule of the State Plant Board. Acts 2001, No. 587, § 7.

The Uniform Unit Pricing Regulation as adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130, "Uniform Laws and Regulations," and supplements thereto or revisions thereof, shall apply to unit pricing in the state, as adopted, or amended and adopted, by rule of the State Plant Board.

Acts 2001, No. 587, § 7.
Ark. Code Ann. § 4-70-202 — AR Code / Title 4 / Chapter 70 / Subchapter 2 / Section 4-70-202
Penalties
Status: in_force

(a) Any person owning, carrying on, or transacting business as designated in this subchapter who fails to comply with any provision of this subchapter shall be guilty of a violation and fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100). (b) Each day of the violation shall be a separate offense. Acts 1943, No. 11, § 5; A.S.A. 1947, § 70-405; Acts 2005, No. 1994, § 38.

(a) Any person owning, carrying on, or transacting business as designated in this subchapter who fails to comply with any provision of this subchapter shall be guilty of a violation and fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100).

(b) Each day of the violation shall be a separate offense.

Acts 1943, No. 11, § 5; A.S.A. 1947, § 70-405; Acts 2005, No. 1994, § 38.
Ark. Code Ann. § 4-92-103 — AR Code / Title 4 / Chapter 92 / Section 4-92-103
Liability of lessor
Status: in_force

(a) A consumer damaged by a violation of this chapter by a lessor is entitled to recover from the lessor: (1) Actual damages; (2) Twenty-five percent (25%) of an amount equal to the total amount of payments required to obtain ownership of the merchandise involved. However, the amount recovered under this subdivision (a)(2) may not be less than one hundred dollars ($100) nor more than one thousand dollars ($1,000); and (3) Reasonable attorney's fees not to exceed fifteen percent (15%) of the consumer's allowable recovery and court costs. (b) (1) Any execution or enforcement of a rental-purchase agreement in violation of this chapter or any other violation of this chapter shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq. (2) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be available to the Attorney General for the enforcement of this chapter. Acts 1987, No. 490, § 8; 1993, No. 1050, § 1.

(a) A consumer damaged by a violation of this chapter by a lessor is entitled to recover from the lessor: (1) Actual damages; (2) Twenty-five percent (25%) of an amount equal to the total amount of payments required to obtain ownership of the merchandise involved. However, the amount recovered under this subdivision (a)(2) may not be less than one hundred dollars ($100) nor more than one thousand dollars ($1,000); and (3) Reasonable attorney's fees not to exceed fifteen percent (15%) of the consumer's allowable recovery and court costs.

(1) Actual damages;

(2) Twenty-five percent (25%) of an amount equal to the total amount of payments required to obtain ownership of the merchandise involved. However, the amount recovered under this subdivision (a)(2) may not be less than one hundred dollars ($100) nor more than one thousand dollars ($1,000); and

(3) Reasonable attorney's fees not to exceed fifteen percent (15%) of the consumer's allowable recovery and court costs.

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

(1) Any execution or enforcement of a rental-purchase agreement in violation of this chapter or any other violation of this chapter shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq.

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

Acts 1987, No. 490, § 8; 1993, No. 1050, § 1.
Ark. Code Ann. § 4-88-403 — AR Code / Title 4 / Chapter 88 / Subchapter 4 / Section 4-88-403
Penalties, remedies, and enforcement
Status: in_force

(a) When a person violates this subchapter or a rule prescribed under this subchapter, the violation shall constitute an unfair or deceptive act or practice as defined by this chapter. (b) (1) All remedies, penalties, and authority granted to the Attorney General under this chapter shall be available to the Attorney General for the enforcement of this subchapter. (2) The remedies and penalties provided by this section are cumulative to each other and the remedies or penalties available under all other laws of this state. Amended by Act 2019, No. 315,§ 131, eff. 7/24/2019. Acts 1999, No. 1489, § 1.

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

(b) (1) All remedies, penalties, and authority granted to the Attorney General under this chapter shall be available to the Attorney General for the enforcement of this subchapter. (2) The remedies and penalties provided by this section are cumulative to each other and the remedies or penalties available under all other laws of this state.

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

(2) The remedies and penalties provided by this section are cumulative to each other and the remedies or penalties available under all other laws of this state.

Amended by Act 2019, No. 315,§ 131, eff. 7/24/2019.

Acts 1999, No. 1489, § 1.
Ark. Code Ann. § 4-107-202 — AR Code / Title 4 / Chapter 107 / Subchapter 2 / Section 4-107-202
Cardholders protected
Status: in_force

(a) If a credit cardholder transfers an outstanding credit card balance from one credit card account to another credit card account, the creditor issuing the credit card from which the outstanding balance was transferred shall not collect any interest or any other fees attributable to the credit card account for the amount of the outstanding balance having been transferred for any period after the date of the transfer from the account. (b) Any creditor issuing a credit card who charges a consumer any interest or any other fees after the transfer of an outstanding credit balance from one credit card account to another credit card account shall be liable to the consumer for an amount which is treble the amount of any interest or other fees charged, plus all costs, to include a reasonable amount for attorney's fees. Acts 1999, No. 1497, § 2.

(a) If a credit cardholder transfers an outstanding credit card balance from one credit card account to another credit card account, the creditor issuing the credit card from which the outstanding balance was transferred shall not collect any interest or any other fees attributable to the credit card account for the amount of the outstanding balance having been transferred for any period after the date of the transfer from the account.

(b) Any creditor issuing a credit card who charges a consumer any interest or any other fees after the transfer of an outstanding credit balance from one credit card account to another credit card account shall be liable to the consumer for an amount which is treble the amount of any interest or other fees charged, plus all costs, to include a reasonable amount for attorney's fees.

Acts 1999, No. 1497, § 2.
Ark. Code Ann. § 4-47-908 — AR Code / Title 4 / Chapter 47 / Subchapter 9 / Section 4-47-908
Action by Secretary of State
Status: in_force

The Secretary of State may maintain an action to restrain a foreign limited partnership from transacting business in this State in violation of this chapter. Acts 2007, No. 15, § 1.

The Secretary of State may maintain an action to restrain a foreign limited partnership from transacting business in this State in violation of this chapter.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-88-105 — AR Code / Title 4 / Chapter 88 / Subchapter 1 / Section 4-88-105
Consumer Protection Division
Status: in_force

(a) There is created within the office of the Attorney General a Consumer Protection Division. (b) The director of the division shall be known as the "Consumer Counsel of Arkansas" and shall be appointed by the Attorney General who may also appoint such assistants, investigators, and professional and clerical staff as are necessary for the efficient operation of the division. (c) The division shall represent and protect the state, its subdivisions, the legitimate business community, and the general public as consumers. (d) The division shall have the following functions, powers, and duties: (1) To serve as a central coordinating agency and clearinghouse for receiving complaints of illegal, fraudulent, or deceptive practices; (2) To assist, advise, and cooperate with federal, state, and local agencies and officials to protect and promote the interests of the consumer public; (3) To conduct investigations, research, studies, and analyses of matters, to issue reports, and take appropriate action affecting the interests of consumers, which may include the referral of complaints to state and local departments or agencies charged with enforcement of consumer laws, or to private organizations and agencies; however, the division may retain jurisdiction over such matters until resolved; (4) To promote consumer education and to undertake activities to encourage business and industry to maintain high standards of honesty, fair business practices, and public responsibility in the production, advertisement, and sale of consumer goods and services, encouraging and supporting activities directed toward these objectives by the Better Business Bureau, consumer organizations, and other associations of like nature; (5) To investigate violations of laws enacted and rules promulgated for the purpose of consumer protection, and to study the operation of such laws and rules and to recommend to the General Assembly needed changes in law in the consumer's interest; and (6) To enforce the provisions of this chapter and to perform such other functions as may be incidental to the powers and duties set forth in this chapter. (e) The expenses of the division shall be paid from funds provided for that purpose by law, including without limitation: (1) Funds made available by the state, a state agency, or a state political subdivision; (2) Funds made available by the United States Government or a federal agency; or (3) (A) Funds deposited into a Consumer Education and Enforcement Account under § 25-16-718 , managed by the division, from settlements or judgments in favor of the state related to a lawsuit or assurance of voluntary compliance in which the state was a party. (B) The account shall not carry a balance greater than one million dollars ($1,000,000), and the funds in the account shall be used in a manner determined by the Attorney General's office, including without limitation: (i) Litigation support; (ii) Expert witness fees; (iii) Court filing fees; (iv) Process server fees; (v) Witness fees; (vi) Court costs; (vii) Court reporter fees; (viii) Attorney and staff training; (ix) Travel expenses; (x) Consumer education; (xi) Office expenses and improvements; and (xii) Investigation expenses. Amended by Act 2023, No. 526,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 526,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 129, eff. 7/24/2019. Amended by Act 2015, No. 1160,§ 2, eff. 7/22/2015. Amended by Act 2013, No. 763,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 763,§ 1, eff. 8/16/2013. Acts 1971, No. 92, §§ 1, 2, 12; A.S.A. 1947, §§ 70-901, 70-902, 70-912; Acts 1991, No. 1177, § 3.

(a) There is created within the office of the Attorney General a Consumer Protection Division.

(b) The director of the division shall be known as the "Consumer Counsel of Arkansas" and shall be appointed by the Attorney General who may also appoint such assistants, investigators, and professional and clerical staff as are necessary for the efficient operation of the division.

(c) The division shall represent and protect the state, its subdivisions, the legitimate business community, and the general public as consumers.

(d) The division shall have the following functions, powers, and duties: (1) To serve as a central coordinating agency and clearinghouse for receiving complaints of illegal, fraudulent, or deceptive practices; (2) To assist, advise, and cooperate with federal, state, and local agencies and officials to protect and promote the interests of the consumer public; (3) To conduct investigations, research, studies, and analyses of matters, to issue reports, and take appropriate action affecting the interests of consumers, which may include the referral of complaints to state and local departments or agencies charged with enforcement of consumer laws, or to private organizations and agencies; however, the division may retain jurisdiction over such matters until resolved; (4) To promote consumer education and to undertake activities to encourage business and industry to maintain high standards of honesty, fair business practices, and public responsibility in the production, advertisement, and sale of consumer goods and services, encouraging and supporting activities directed toward these objectives by the Better Business Bureau, consumer organizations, and other associations of like nature; (5) To investigate violations of laws enacted and rules promulgated for the purpose of consumer protection, and to study the operation of such laws and rules and to recommend to the General Assembly needed changes in law in the consumer's interest; and (6) To enforce the provisions of this chapter and to perform such other functions as may be incidental to the powers and duties set forth in this chapter.

(1) To serve as a central coordinating agency and clearinghouse for receiving complaints of illegal, fraudulent, or deceptive practices;

(2) To assist, advise, and cooperate with federal, state, and local agencies and officials to protect and promote the interests of the consumer public;

(3) To conduct investigations, research, studies, and analyses of matters, to issue reports, and take appropriate action affecting the interests of consumers, which may include the referral of complaints to state and local departments or agencies charged with enforcement of consumer laws, or to private organizations and agencies; however, the division may retain jurisdiction over such matters until resolved;

(4) To promote consumer education and to undertake activities to encourage business and industry to maintain high standards of honesty, fair business practices, and public responsibility in the production, advertisement, and sale of consumer goods and services, encouraging and supporting activities directed toward these objectives by the Better Business Bureau, consumer organizations, and other associations of like nature;

(5) To investigate violations of laws enacted and rules promulgated for the purpose of consumer protection, and to study the operation of such laws and rules and to recommend to the General Assembly needed changes in law in the consumer's interest; and

(6) To enforce the provisions of this chapter and to perform such other functions as may be incidental to the powers and duties set forth in this chapter.

(e) The expenses of the division shall be paid from funds provided for that purpose by law, including without limitation: (1) Funds made available by the state, a state agency, or a state political subdivision; (2) Funds made available by the United States Government or a federal agency; or (3) (A) Funds deposited into a Consumer Education and Enforcement Account under § 25-16-718 , managed by the division, from settlements or judgments in favor of the state related to a lawsuit or assurance of voluntary compliance in which the state was a party. (B) The account shall not carry a balance greater than one million dollars ($1,000,000), and the funds in the account shall be used in a manner determined by the Attorney General's office, including without limitation: (i) Litigation support; (ii) Expert witness fees; (iii) Court filing fees; (iv) Process server fees; (v) Witness fees; (vi) Court costs; (vii) Court reporter fees; (viii) Attorney and staff training; (ix) Travel expenses; (x) Consumer education; (xi) Office expenses and improvements; and (xii) Investigation expenses.

(1) Funds made available by the state, a state agency, or a state political subdivision;

(2) Funds made available by the United States Government or a federal agency; or

(3) (A) Funds deposited into a Consumer Education and Enforcement Account under § 25-16-718 , managed by the division, from settlements or judgments in favor of the state related to a lawsuit or assurance of voluntary compliance in which the state was a party. (B) The account shall not carry a balance greater than one million dollars ($1,000,000), and the funds in the account shall be used in a manner determined by the Attorney General's office, including without limitation: (i) Litigation support; (ii) Expert witness fees; (iii) Court filing fees; (iv) Process server fees; (v) Witness fees; (vi) Court costs; (vii) Court reporter fees; (viii) Attorney and staff training; (ix) Travel expenses; (x) Consumer education; (xi) Office expenses and improvements; and (xii) Investigation expenses.

(A) Funds deposited into a Consumer Education and Enforcement Account under § 25-16-718 , managed by the division, from settlements or judgments in favor of the state related to a lawsuit or assurance of voluntary compliance in which the state was a party.

(B) The account shall not carry a balance greater than one million dollars ($1,000,000), and the funds in the account shall be used in a manner determined by the Attorney General's office, including without limitation: (i) Litigation support; (ii) Expert witness fees; (iii) Court filing fees; (iv) Process server fees; (v) Witness fees; (vi) Court costs; (vii) Court reporter fees; (viii) Attorney and staff training; (ix) Travel expenses; (x) Consumer education; (xi) Office expenses and improvements; and (xii) Investigation expenses.

(i) Litigation support;

(ii) Expert witness fees;

(iii) Court filing fees;

(iv) Process server fees;

(v) Witness fees;

(vi) Court costs;

(vii) Court reporter fees;

(viii) Attorney and staff training;

(ix) Travel expenses;

(x) Consumer education;

(xi) Office expenses and improvements; and

(xii) Investigation expenses.

Amended by Act 2023, No. 526,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 526,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 315,§ 129, eff. 7/24/2019.

Amended by Act 2015, No. 1160,§ 2, eff. 7/22/2015.

Amended by Act 2013, No. 763,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 763,§ 1, eff. 8/16/2013.

Acts 1971, No. 92, §§ 1, 2, 12; A.S.A. 1947, §§ 70-901, 70-902, 70-912; Acts 1991, No. 1177, § 3.
Ark. Code Ann. § 4-33-1101 — AR Code / Title 4 / Chapter 33 / Subchapter 11 / Section 4-33-1101
Approval of plan of merger
Status: in_force

(a) Subject to the limitations set forth in § 4-33-1102 , two (2) or more nonprofit corporations may merge, if the plan of merger is approved or provided in § 4-33-1103 . (b) The plan of merger must set forth: (1) the name of each corporation planning to merge and the name of the surviving corporation into which each plans to merge; (2) the terms and conditions of the planned merger; (3) the manner and basis, if any, of converting the memberships of each public benefit or religious corporation into memberships of the surviving corporation; and (4) if the merger involves a mutual benefit corporation, the manner and basis, if any, of converting memberships of each merging corporation into memberships, obligations or securities of the surviving or any other corporation or into cash or other property in whole or in part. (c) The plan of merger may set forth: (1) any amendments to the articles of incorporation or bylaws of the surviving corporation to be effected by the planned merger; and (2) other provisions relating to the planned merger. Acts 1993, No. 1147, § 1101.

(a) Subject to the limitations set forth in § 4-33-1102 , two (2) or more nonprofit corporations may merge, if the plan of merger is approved or provided in § 4-33-1103 .

(b) The plan of merger must set forth: (1) the name of each corporation planning to merge and the name of the surviving corporation into which each plans to merge; (2) the terms and conditions of the planned merger; (3) the manner and basis, if any, of converting the memberships of each public benefit or religious corporation into memberships of the surviving corporation; and (4) if the merger involves a mutual benefit corporation, the manner and basis, if any, of converting memberships of each merging corporation into memberships, obligations or securities of the surviving or any other corporation or into cash or other property in whole or in part.

(1) the name of each corporation planning to merge and the name of the surviving corporation into which each plans to merge;

(2) the terms and conditions of the planned merger;

(3) the manner and basis, if any, of converting the memberships of each public benefit or religious corporation into memberships of the surviving corporation; and

(4) if the merger involves a mutual benefit corporation, the manner and basis, if any, of converting memberships of each merging corporation into memberships, obligations or securities of the surviving or any other corporation or into cash or other property in whole or in part.

(c) The plan of merger may set forth: (1) any amendments to the articles of incorporation or bylaws of the surviving corporation to be effected by the planned merger; and (2) other provisions relating to the planned merger.

(1) any amendments to the articles of incorporation or bylaws of the surviving corporation to be effected by the planned merger; and

(2) other provisions relating to the planned merger.

Acts 1993, No. 1147, § 1101.
Ark. Code Ann. § 4-75-904 — AR Code / Title 4 / Chapter 75 / Subchapter 9 / Section 4-75-904
Injunctions
Status: in_force

Any court of competent jurisdiction is authorized, upon petition of a party in interest, to enjoin any violation of or noncompliance with the provisions of this subchapter. Acts 1981, No. 606, § 6; A.S.A. 1947, § 70-1106.

Any court of competent jurisdiction is authorized, upon petition of a party in interest, to enjoin any violation of or noncompliance with the provisions of this subchapter.

Acts 1981, No. 606, § 6; A.S.A. 1947, § 70-1106.
Ark. Code Ann. § 4-72-302 — AR Code / Title 4 / Chapter 72 / Subchapter 3 / Section 4-72-302
Applicability of subchapter - Subchapter cumulative
Status: in_force

(a) The provisions of this subchapter shall apply to all contracts which have no expiration date and are continuing contracts and all other contracts entered into or renewed after July 1, 1979. (b) Any contract in force and effect on June 1, 1977, which by its own terms will terminate on a date subsequent thereto, shall be governed by the law as it existed prior to this subchapter. (c) The provisions of this subchapter shall apply only to inventory purchased after April 10, 1979. (d) This subchapter is not intended and shall not be construed to repeal any provision of the Arkansas Franchise Practices Act, § 4-72-201 et seq. Acts 1979, No. 810, § 9; A.S.A. 1947, § 70-826n.

(a) The provisions of this subchapter shall apply to all contracts which have no expiration date and are continuing contracts and all other contracts entered into or renewed after July 1, 1979.

(b) Any contract in force and effect on June 1, 1977, which by its own terms will terminate on a date subsequent thereto, shall be governed by the law as it existed prior to this subchapter.

(c) The provisions of this subchapter shall apply only to inventory purchased after April 10, 1979.

(d) This subchapter is not intended and shall not be construed to repeal any provision of the Arkansas Franchise Practices Act, § 4-72-201 et seq.

Acts 1979, No. 810, § 9; A.S.A. 1947, § 70-826n.
Ark. Code Ann. § 4-33-1108 — AR Code / Title 4 / Chapter 33 / Subchapter 11 / Section 4-33-1108
Continuation of prior corporate existence for limited purpose
Status: in_force

(a) The corporate existence of each constituent corporation which has been dissolved through merger or consolidation shall be continued indefinitely for the limited purpose of enabling the constituent corporation to execute through its own officers formal deeds, conveyances, assignments, and other instruments evidencing the transfer from the constituent to the surviving corporation, or new corporation created by consolidation, of any or all real and personal properties which have passed from the constituent to the surviving or consolidated corporation by operation of law. (b) The execution of the instruments shall not be essential to effect the transfer of title from the constituent to the surviving or consolidated corporation, inasmuch as the transfer will take effect through operation of law; but the power to execute such instruments is given to the end that it may be exercised: (1) In respect to properties located in foreign jurisdictions which may not recognize a transmittal of title by operation of law under the merger and consolidation statutes of this state; and (2) In any other situation where the directors of the surviving or consolidated corporation consider the execution of the instruments desirable. Acts 1993, No. 1147, § 1108.

(a) The corporate existence of each constituent corporation which has been dissolved through merger or consolidation shall be continued indefinitely for the limited purpose of enabling the constituent corporation to execute through its own officers formal deeds, conveyances, assignments, and other instruments evidencing the transfer from the constituent to the surviving corporation, or new corporation created by consolidation, of any or all real and personal properties which have passed from the constituent to the surviving or consolidated corporation by operation of law.

(b) The execution of the instruments shall not be essential to effect the transfer of title from the constituent to the surviving or consolidated corporation, inasmuch as the transfer will take effect through operation of law; but the power to execute such instruments is given to the end that it may be exercised: (1) In respect to properties located in foreign jurisdictions which may not recognize a transmittal of title by operation of law under the merger and consolidation statutes of this state; and (2) In any other situation where the directors of the surviving or consolidated corporation consider the execution of the instruments desirable.

(1) In respect to properties located in foreign jurisdictions which may not recognize a transmittal of title by operation of law under the merger and consolidation statutes of this state; and

(2) In any other situation where the directors of the surviving or consolidated corporation consider the execution of the instruments desirable.

Acts 1993, No. 1147, § 1108.
Ark. Code Ann. § 4-58-106 — AR Code / Title 4 / Chapter 58 / Section 4-58-106
Powers of assignor after assignment
Status: in_force

No assignor shall be able to release any part of the consideration of the instrument by him or her assigned after the assignment thereof. Rev. Stat., ch. 11, § 8; C. & M. Dig., § 483; Pope's Dig., § 520; A.S.A. 1947, § 68-810.

No assignor shall be able to release any part of the consideration of the instrument by him or her assigned after the assignment thereof.

Rev. Stat., ch. 11, § 8; C. & M. Dig., § 483; Pope's Dig., § 520; A.S.A. 1947, § 68-810.
Ark. Code Ann. § 4-90-504 — AR Code / Title 4 / Chapter 90 / Subchapter 5 / Section 4-90-504
Exemptions - Affiliates
Status: in_force

(a) Except as provided in this subchapter, a motor vehicle service contract provider and warrantor are governed by this subchapter and are exempt from the Arkansas Insurance Code. (b) (1) This subchapter shall not prohibit or affect the giving, free of charge, of the usual warranties or performance guarantees by manufacturers, distributors, or dealers in connection with the sale of new motor vehicles. (2) This subchapter shall not apply to a motor vehicle service contract or a theft protection program warranty issued by a motor vehicle manufacturer, distributor, importer, or dealer of motor vehicles, nor shall the requirements of this subchapter apply to any nonrenewable motor vehicle service contract or theft protection program warranty issued for a period of less than six (6) months, if the issuer of the motor vehicle service contract or theft protection program warranty is the entity that sold the motor vehicle to which the motor vehicle service contract or theft protection program warranty applies or is an affiliate of the entity. Amended by Act 2017, No. 364,§ 2, eff. 8/1/2017. Acts 1993, No. 805, § 3.

(a) Except as provided in this subchapter, a motor vehicle service contract provider and warrantor are governed by this subchapter and are exempt from the Arkansas Insurance Code.

(b) (1) This subchapter shall not prohibit or affect the giving, free of charge, of the usual warranties or performance guarantees by manufacturers, distributors, or dealers in connection with the sale of new motor vehicles. (2) This subchapter shall not apply to a motor vehicle service contract or a theft protection program warranty issued by a motor vehicle manufacturer, distributor, importer, or dealer of motor vehicles, nor shall the requirements of this subchapter apply to any nonrenewable motor vehicle service contract or theft protection program warranty issued for a period of less than six (6) months, if the issuer of the motor vehicle service contract or theft protection program warranty is the entity that sold the motor vehicle to which the motor vehicle service contract or theft protection program warranty applies or is an affiliate of the entity.

(1) This subchapter shall not prohibit or affect the giving, free of charge, of the usual warranties or performance guarantees by manufacturers, distributors, or dealers in connection with the sale of new motor vehicles.

(2) This subchapter shall not apply to a motor vehicle service contract or a theft protection program warranty issued by a motor vehicle manufacturer, distributor, importer, or dealer of motor vehicles, nor shall the requirements of this subchapter apply to any nonrenewable motor vehicle service contract or theft protection program warranty issued for a period of less than six (6) months, if the issuer of the motor vehicle service contract or theft protection program warranty is the entity that sold the motor vehicle to which the motor vehicle service contract or theft protection program warranty applies or is an affiliate of the entity.

Amended by Act 2017, No. 364,§ 2, eff. 8/1/2017.

Acts 1993, No. 805, § 3.
Ark. Code Ann. § 4-31-205 — AR Code / Title 4 / Chapter 31 / Subchapter 2 / Section 4-31-205
Taxes
Status: in_force

(a) No corporation, institution, or entity coming under the provisions of this subchapter and confining its business operations in Arkansas within the limits herein provided shall be required to qualify to do business in this state by filing its charter in the office of the Secretary of State or to pay any tax or fee required to be paid by foreign corporations under any law of this state. (b) However, the exemption shall not include: (1) Ad valorem taxes assessed against any real property which the corporation, institution, or entity may own in the State of Arkansas; (2) Arkansas income, franchise, and privilege tax which may result from the sale, ownership, or control after acquisition of the property by foreclosure, or acquisition in lieu of foreclosure, either by virtue of the value of the specific piece of property so foreclosed or to which title is taken in lieu of foreclosure, or by virtue of the rental or other income realized from the property; or (3) Arkansas income taxes which may be levied upon financial institutions pursuant to § 26-51-1401 et seq. Acts 1989, No. 947, § 5; 1995, No. 495, § 2.

(a) No corporation, institution, or entity coming under the provisions of this subchapter and confining its business operations in Arkansas within the limits herein provided shall be required to qualify to do business in this state by filing its charter in the office of the Secretary of State or to pay any tax or fee required to be paid by foreign corporations under any law of this state.

(b) However, the exemption shall not include: (1) Ad valorem taxes assessed against any real property which the corporation, institution, or entity may own in the State of Arkansas; (2) Arkansas income, franchise, and privilege tax which may result from the sale, ownership, or control after acquisition of the property by foreclosure, or acquisition in lieu of foreclosure, either by virtue of the value of the specific piece of property so foreclosed or to which title is taken in lieu of foreclosure, or by virtue of the rental or other income realized from the property; or (3) Arkansas income taxes which may be levied upon financial institutions pursuant to § 26-51-1401 et seq.

(1) Ad valorem taxes assessed against any real property which the corporation, institution, or entity may own in the State of Arkansas;

(2) Arkansas income, franchise, and privilege tax which may result from the sale, ownership, or control after acquisition of the property by foreclosure, or acquisition in lieu of foreclosure, either by virtue of the value of the specific piece of property so foreclosed or to which title is taken in lieu of foreclosure, or by virtue of the rental or other income realized from the property; or

(3) Arkansas income taxes which may be levied upon financial institutions pursuant to § 26-51-1401 et seq.

Acts 1989, No. 947, § 5; 1995, No. 495, § 2.
Ark. Code Ann. § 4-75-404 — AR Code / Title 4 / Chapter 75 / Subchapter 4 / Section 4-75-404
Penalties - Persons subject to penalties
Status: in_force

(a) Any person shall be guilty of a Class B misdemeanor if the person: (1) Shall violate any of the provisions of this subchapter; (2) Is a party to any agreement or understanding or to any contract prescribing any condition prohibited by this subchapter; (3) Is any employee, agent, or officer of any person that shall participate in any manner in making, executing, enforcing, performing, or in urging, aiding, or abetting in the performance of any such contract, condition, agreement, or understanding; (4) Shall pay or give or contract to pay or give any thing or service of value prohibited by this subchapter; and (5) Shall receive or accept or contract to receive or accept any thing or service of value prohibited by this subchapter. (b) Each day's violation of this subchapter shall constitute a separate offense. Acts 1937, No. 205, § 9; Pope's Dig., § 9427; A.S.A. 1947, § 70-138; Acts 2005, No. 1994, § 378.

(a) Any person shall be guilty of a Class B misdemeanor if the person: (1) Shall violate any of the provisions of this subchapter; (2) Is a party to any agreement or understanding or to any contract prescribing any condition prohibited by this subchapter; (3) Is any employee, agent, or officer of any person that shall participate in any manner in making, executing, enforcing, performing, or in urging, aiding, or abetting in the performance of any such contract, condition, agreement, or understanding; (4) Shall pay or give or contract to pay or give any thing or service of value prohibited by this subchapter; and (5) Shall receive or accept or contract to receive or accept any thing or service of value prohibited by this subchapter.

(1) Shall violate any of the provisions of this subchapter;

(2) Is a party to any agreement or understanding or to any contract prescribing any condition prohibited by this subchapter;

(3) Is any employee, agent, or officer of any person that shall participate in any manner in making, executing, enforcing, performing, or in urging, aiding, or abetting in the performance of any such contract, condition, agreement, or understanding;

(4) Shall pay or give or contract to pay or give any thing or service of value prohibited by this subchapter; and

(5) Shall receive or accept or contract to receive or accept any thing or service of value prohibited by this subchapter.

(b) Each day's violation of this subchapter shall constitute a separate offense.

Acts 1937, No. 205, § 9; Pope's Dig., § 9427; A.S.A. 1947, § 70-138; Acts 2005, No. 1994, § 378.
Ark. Code Ann. § 4-46-304 — AR Code / Title 4 / Chapter 46 / Subchapter 3 / Section 4-46-304
Statement of denial
Status: in_force

A partner or other person named as a partner in a filed statement of partnership authority or in a list maintained by an agent pursuant to § 4-46-303(b) may file a statement of denial stating: (1) The name of the partnership; (2) The name of the person filing the denial; and (3) The fact that is being denied which may include denial of a person's authority or status as a partner. A statement of denial is a limitation on authority as provided in § 4-46-303(d) and (e) . Acts 1999, No. 1518, § 304.

A partner or other person named as a partner in a filed statement of partnership authority or in a list maintained by an agent pursuant to § 4-46-303(b) may file a statement of denial stating:

(1) The name of the partnership;

(2) The name of the person filing the denial; and

(3) The fact that is being denied which may include denial of a person's authority or status as a partner. A statement of denial is a limitation on authority as provided in § 4-46-303(d) and (e) .

Acts 1999, No. 1518, § 304.
Ark. Code Ann. § 4-59-503 — AR Code / Title 4 / Chapter 59 / Subchapter 5 / Section 4-59-503
Solicitation of merchant to remit record of sale not made by merchant
Status: in_force

Any person who, without the acquirer's express authorization, employs or solicits an authorized merchant, or any agent or employee of such merchant, to remit to an issuer or acquirer, for payment, a financial transaction card record of sale, which sale was not made by such merchant, his or her agent, or employee, is guilty of a Class C felony. Acts 1991, No. 785, § 3.

Any person who, without the acquirer's express authorization, employs or solicits an authorized merchant, or any agent or employee of such merchant, to remit to an issuer or acquirer, for payment, a financial transaction card record of sale, which sale was not made by such merchant, his or her agent, or employee, is guilty of a Class C felony.

Acts 1991, No. 785, § 3.
Ark. Code Ann. § 4-37-302 — AR Code / Title 4 / Chapter 37 / Subchapter 3 / Section 4-37-302
Associated member
Status: in_force

(a) Only a member of a series limited liability company may be an associated member of a protected series of the company. (b) A member of a series limited liability company becomes an associated member of a protected series of the company if the operating agreement or a procedure established by the agreement states: (1) that the member is an associated member of the protected series; (2) the date on which the member became an associated member; and (3) any protected-series transferable interest the associated member has in connection with becoming or being an associated member. (c) If a person that is an associated member of a protected series of a series limited liability company is dissociated from the company, the person ceases to be an associated member of the protected series. Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.

(a) Only a member of a series limited liability company may be an associated member of a protected series of the company.

(b) A member of a series limited liability company becomes an associated member of a protected series of the company if the operating agreement or a procedure established by the agreement states: (1) that the member is an associated member of the protected series; (2) the date on which the member became an associated member; and (3) any protected-series transferable interest the associated member has in connection with becoming or being an associated member.

(1) that the member is an associated member of the protected series;

(2) the date on which the member became an associated member; and

(3) any protected-series transferable interest the associated member has in connection with becoming or being an associated member.

(c) If a person that is an associated member of a protected series of a series limited liability company is dissociated from the company, the person ceases to be an associated member of the protected series.

Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 4-73-201 — AR Code / Title 4 / Chapter 73 / Subchapter 2 / Section 4-73-201
Title
Status: in_force

This subchapter may be cited as the "Artists' Consignment Act". Acts 1983, No. 820, § 1; A.S.A. 1947, § 68-1806.

This subchapter may be cited as the "Artists' Consignment Act".

Acts 1983, No. 820, § 1; A.S.A. 1947, § 68-1806.
Ark. Code Ann. § 4-46-909 — AR Code / Title 4 / Chapter 46 / Subchapter 9 / Section 4-46-909
Effect of merger
Status: in_force

(a) When a merger becomes effective: (1) The surviving organization continues or comes into existence; (2) Each constituent organization that merges into the surviving organization ceases to exist as a separate entity; (3) All property owned by each constituent organization that ceases to exist vests in the surviving organization; (4) All debts, liabilities, and other obligations of each constituent organization that ceases to exist continue as obligations of the surviving organization; (5) An action or proceeding pending by or against a constituent organization that ceases to exist may continue as if the merger had not occurred; (6) Except as prohibited by other law, all of the rights, privileges, immunities, powers, and purposes of each constituent organization that ceases to exist vest in the surviving organization; (7) Except as otherwise provided in the plan of merger, the terms and conditions of the plan of merger take effect; (8) Except as otherwise agreed, if a constituent partnership ceases to exist, the merger does not dissolve the partnership under § 4-46-801 et seq.; and (9) Any amendments provided for in the articles of merger for the organizational documents of the surviving organization become effective. (b) (1) A surviving organization that is a foreign organization consents to the jurisdiction of the courts of this state to enforce any obligation owed by a constituent organization, if before the merger the constituent organization was subject to suit in this state on the obligation. (2) A surviving organization that is a foreign organization and not authorized to transact business in this state may be served with process under § 4-20-113 if the surviving organization: (A) Fails to appoint an agent for service of process under § 4-20-112 ; (B) No longer has an agent for service of process; or (C) Has an agent for service of process that cannot with reasonable diligence be served. Acts 2009, No. 408, § 6.

(a) When a merger becomes effective: (1) The surviving organization continues or comes into existence; (2) Each constituent organization that merges into the surviving organization ceases to exist as a separate entity; (3) All property owned by each constituent organization that ceases to exist vests in the surviving organization; (4) All debts, liabilities, and other obligations of each constituent organization that ceases to exist continue as obligations of the surviving organization; (5) An action or proceeding pending by or against a constituent organization that ceases to exist may continue as if the merger had not occurred; (6) Except as prohibited by other law, all of the rights, privileges, immunities, powers, and purposes of each constituent organization that ceases to exist vest in the surviving organization; (7) Except as otherwise provided in the plan of merger, the terms and conditions of the plan of merger take effect; (8) Except as otherwise agreed, if a constituent partnership ceases to exist, the merger does not dissolve the partnership under § 4-46-801 et seq.; and (9) Any amendments provided for in the articles of merger for the organizational documents of the surviving organization become effective.

(1) The surviving organization continues or comes into existence;

(2) Each constituent organization that merges into the surviving organization ceases to exist as a separate entity;

(3) All property owned by each constituent organization that ceases to exist vests in the surviving organization;

(4) All debts, liabilities, and other obligations of each constituent organization that ceases to exist continue as obligations of the surviving organization;

(5) An action or proceeding pending by or against a constituent organization that ceases to exist may continue as if the merger had not occurred;

(6) Except as prohibited by other law, all of the rights, privileges, immunities, powers, and purposes of each constituent organization that ceases to exist vest in the surviving organization;

(7) Except as otherwise provided in the plan of merger, the terms and conditions of the plan of merger take effect;

(8) Except as otherwise agreed, if a constituent partnership ceases to exist, the merger does not dissolve the partnership under § 4-46-801 et seq.; and

(9) Any amendments provided for in the articles of merger for the organizational documents of the surviving organization become effective.

(b) (1) A surviving organization that is a foreign organization consents to the jurisdiction of the courts of this state to enforce any obligation owed by a constituent organization, if before the merger the constituent organization was subject to suit in this state on the obligation. (2) A surviving organization that is a foreign organization and not authorized to transact business in this state may be served with process under § 4-20-113 if the surviving organization: (A) Fails to appoint an agent for service of process under § 4-20-112 ; (B) No longer has an agent for service of process; or (C) Has an agent for service of process that cannot with reasonable diligence be served.

(1) A surviving organization that is a foreign organization consents to the jurisdiction of the courts of this state to enforce any obligation owed by a constituent organization, if before the merger the constituent organization was subject to suit in this state on the obligation.

(2) A surviving organization that is a foreign organization and not authorized to transact business in this state may be served with process under § 4-20-113 if the surviving organization: (A) Fails to appoint an agent for service of process under § 4-20-112 ; (B) No longer has an agent for service of process; or (C) Has an agent for service of process that cannot with reasonable diligence be served.

(A) Fails to appoint an agent for service of process under § 4-20-112 ;

(B) No longer has an agent for service of process; or

(C) Has an agent for service of process that cannot with reasonable diligence be served.

Acts 2009, No. 408, § 6.
Ark. Code Ann. § 4-75-1204 — AR Code / Title 4 / Chapter 75 / Subchapter 12 / Section 4-75-1204
Enforceability
Status: in_force

A manufacturer's express warranty against defective asphalt roof shingles is enforceable by a homeowner against a manufacturer for the time specified in the express warranty as provided by the manufacturer. Added by Act 2017, No. 487,§ 1, eff. 8/1/2017.

A manufacturer's express warranty against defective asphalt roof shingles is enforceable by a homeowner against a manufacturer for the time specified in the express warranty as provided by the manufacturer.

Added by Act 2017, No. 487,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 4-59-204 — AR Code / Title 4 / Chapter 59 / Subchapter 2 / Section 4-59-204
Transfer or obligation voidable as to present or future creditor
Status: in_force

(a) A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation: (1) with actual intent to hinder, delay, or defraud any creditor of the debtor; or (2) without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor: (i) was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or (ii) intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor's ability to pay as they became due. (b) In determining actual intent under subdivision (a)(1) of this section, consideration may be given, among other factors, as to whether: (1) the transfer or obligation was to an insider; (2) the debtor retained possession or control of the property transferred after the transfer; (3) the transfer or obligation was disclosed or concealed; (4) before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit; (5) the transfer was of substantially all the debtor's assets; (6) the debtor absconded; (7) the debtor removed or concealed assets; (8) the value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred; (9) the debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred; (10) the transfer occurred shortly before or shortly after a substantial debt was incurred; and (11) the debtor transferred the essential assets of the business to a lienor that transferred the assets to an insider of the debtor. (c) A creditor making a claim for relief under subsection (a) of this section has the burden of proving the elements of the claim for relief by a preponderance of the evidence. Amended by Act 2017, No. 1086,§ 1, eff. 8/1/2017. Acts 1987, No. 967, § 4.

(a) A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation: (1) with actual intent to hinder, delay, or defraud any creditor of the debtor; or (2) without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor: (i) was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or (ii) intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor's ability to pay as they became due.

(1) with actual intent to hinder, delay, or defraud any creditor of the debtor; or

(2) without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor: (i) was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or (ii) intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor's ability to pay as they became due.

(i) was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or

(ii) intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor's ability to pay as they became due.

(b) In determining actual intent under subdivision (a)(1) of this section, consideration may be given, among other factors, as to whether: (1) the transfer or obligation was to an insider; (2) the debtor retained possession or control of the property transferred after the transfer; (3) the transfer or obligation was disclosed or concealed; (4) before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit; (5) the transfer was of substantially all the debtor's assets; (6) the debtor absconded; (7) the debtor removed or concealed assets; (8) the value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred; (9) the debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred; (10) the transfer occurred shortly before or shortly after a substantial debt was incurred; and (11) the debtor transferred the essential assets of the business to a lienor that transferred the assets to an insider of the debtor.

(1) the transfer or obligation was to an insider;

(2) the debtor retained possession or control of the property transferred after the transfer;

(3) the transfer or obligation was disclosed or concealed;

(4) before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;

(5) the transfer was of substantially all the debtor's assets;

(6) the debtor absconded;

(7) the debtor removed or concealed assets;

(8) the value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;

(9) the debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;

(10) the transfer occurred shortly before or shortly after a substantial debt was incurred; and

(11) the debtor transferred the essential assets of the business to a lienor that transferred the assets to an insider of the debtor.

(c) A creditor making a claim for relief under subsection (a) of this section has the burden of proving the elements of the claim for relief by a preponderance of the evidence.

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

Acts 1987, No. 967, § 4.
Ark. Code Ann. § 4-59-209 — AR Code / Title 4 / Chapter 59 / Subchapter 2 / Section 4-59-209
Extinguishment of claim for relief
Status: in_force

A claim for relief with respect to a transfer or obligation under this subchapter is extinguished unless action is brought: (a) under § 4-59-204(a)(1) , not later than four years after the transfer was made or the obligation was incurred or, if later, not later than one year after the transfer or obligation was or could reasonably have been discovered by the claimant; (b) under § 4-59-204(a)(2) or § 4-59-205(a) , not later than four years after the transfer was made or the obligation was incurred; or (c) under § 4-59-205(b) , not later than one year after the transfer was made. Amended by Act 2017, No. 1086,§ 1, eff. 8/1/2017. Acts 1987, No. 967, § 9; 1993, No. 1279, § 3.

A claim for relief with respect to a transfer or obligation under this subchapter is extinguished unless action is brought:

(a) under § 4-59-204(a)(1) , not later than four years after the transfer was made or the obligation was incurred or, if later, not later than one year after the transfer or obligation was or could reasonably have been discovered by the claimant;

(b) under § 4-59-204(a)(2) or § 4-59-205(a) , not later than four years after the transfer was made or the obligation was incurred; or

(c) under § 4-59-205(b) , not later than one year after the transfer was made.

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

Acts 1987, No. 967, § 9; 1993, No. 1279, § 3.
Ark. Code Ann. § 4-26-610 — AR Code / Title 4 / Chapter 26 / Subchapter 6 / Section 4-26-610
Restrictions on transfer of shares
Status: in_force

(a) (1) A corporation may provide, in respect to any of its shares which are to be issued, that the future transfer, whether inter vivos, by inheritance, or testamentary gift, hypothecation, or other disposition of such shares, shall be subject to restrictions, including purchase options, that do not unreasonably restrain alienation. (2) These restrictions, among other things, may require a prior offering to the corporation or to one (1) or more of its shareholders at a fair price before the shares may be otherwise transferred or hypothecated. (3) The same restrictions may be placed by the corporation upon previously issued and outstanding shares but only with the consent of the holders thereof. (b) No such restrictions shall be valid unless the authority therefor is prescribed in the articles of incorporation or bylaws. In addition to the foregoing, such restrictions on transfer shall not be valid, except as against a person with actual notice of them, unless they are conspicuously noted on each certificate covering the shares affected by these restrictions. (c) (1) Nothing in this chapter is intended to prevent the holder or holders of any or all of the shares of stock of a corporation, or the corporation in which the holder or holders own any or all of the shares of stock, from subjecting the shares owned by the aforesaid parties by written contract or written agreement to restrictions, including stock options. (2) Any price or formula for determining the price set by the agreement or contract shall be deemed to be a fair price. (3) No restriction on transfer shall be valid except as against a person with actual notice thereof unless the restrictions are conspicuously noted on each certificate covering the shares affected by such restrictions. (d) From and after the date of enactment hereof, unreasonable restraint upon alienation shall have no effect upon the validity or enforceability of any written contract between or among those parties subject to the provisions of subsection (c) of this section. Acts 1965, No. 576, § 26; 1973, No. 409, §§ 1, 2; A.S.A. 1947, §§ 64-211, 64-211.1.

(a) (1) A corporation may provide, in respect to any of its shares which are to be issued, that the future transfer, whether inter vivos, by inheritance, or testamentary gift, hypothecation, or other disposition of such shares, shall be subject to restrictions, including purchase options, that do not unreasonably restrain alienation. (2) These restrictions, among other things, may require a prior offering to the corporation or to one (1) or more of its shareholders at a fair price before the shares may be otherwise transferred or hypothecated. (3) The same restrictions may be placed by the corporation upon previously issued and outstanding shares but only with the consent of the holders thereof.

(1) A corporation may provide, in respect to any of its shares which are to be issued, that the future transfer, whether inter vivos, by inheritance, or testamentary gift, hypothecation, or other disposition of such shares, shall be subject to restrictions, including purchase options, that do not unreasonably restrain alienation.

(2) These restrictions, among other things, may require a prior offering to the corporation or to one (1) or more of its shareholders at a fair price before the shares may be otherwise transferred or hypothecated.

(3) The same restrictions may be placed by the corporation upon previously issued and outstanding shares but only with the consent of the holders thereof.

(b) No such restrictions shall be valid unless the authority therefor is prescribed in the articles of incorporation or bylaws. In addition to the foregoing, such restrictions on transfer shall not be valid, except as against a person with actual notice of them, unless they are conspicuously noted on each certificate covering the shares affected by these restrictions.

(c) (1) Nothing in this chapter is intended to prevent the holder or holders of any or all of the shares of stock of a corporation, or the corporation in which the holder or holders own any or all of the shares of stock, from subjecting the shares owned by the aforesaid parties by written contract or written agreement to restrictions, including stock options. (2) Any price or formula for determining the price set by the agreement or contract shall be deemed to be a fair price. (3) No restriction on transfer shall be valid except as against a person with actual notice thereof unless the restrictions are conspicuously noted on each certificate covering the shares affected by such restrictions.

(1) Nothing in this chapter is intended to prevent the holder or holders of any or all of the shares of stock of a corporation, or the corporation in which the holder or holders own any or all of the shares of stock, from subjecting the shares owned by the aforesaid parties by written contract or written agreement to restrictions, including stock options.

(2) Any price or formula for determining the price set by the agreement or contract shall be deemed to be a fair price.

(3) No restriction on transfer shall be valid except as against a person with actual notice thereof unless the restrictions are conspicuously noted on each certificate covering the shares affected by such restrictions.

(d) From and after the date of enactment hereof, unreasonable restraint upon alienation shall have no effect upon the validity or enforceability of any written contract between or among those parties subject to the provisions of subsection (c) of this section.

Acts 1965, No. 576, § 26; 1973, No. 409, §§ 1, 2; A.S.A. 1947, §§ 64-211, 64-211.1.
Ark. Code Ann. § 4-75-1001 — AR Code / Title 4 / Chapter 75 / Subchapter 10 / Section 4-75-1001
Title
Status: in_force

This subchapter shall be known and may be cited as the "Foundation Repair Contracts Act". Added by Act 2015, No. 687,§ 1, eff. 7/22/2015.

This subchapter shall be known and may be cited as the "Foundation Repair Contracts Act".

Added by Act 2015, No. 687,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 4-36-304 — AR Code / Title 4 / Chapter 36 / Subchapter 3 / Section 4-36-304
Benefit officer
Status: in_force

(a) A benefit corporation may have an officer designated as the benefit officer. (b) A benefit officer shall have: (1) The powers and duties relating to the purpose of the corporation to pursue a general public benefit or a specific public benefit provided: (A) By the bylaws; or (B) Absent controlling provisions in the bylaws, by resolutions or orders of the board of directors; and (2) The duty to prepare the benefit report required by § 4-36-401 . Added by Act 2013, No. 1388,§ 1, eff. 8/16/2013.

(a) A benefit corporation may have an officer designated as the benefit officer.

(b) A benefit officer shall have: (1) The powers and duties relating to the purpose of the corporation to pursue a general public benefit or a specific public benefit provided: (A) By the bylaws; or (B) Absent controlling provisions in the bylaws, by resolutions or orders of the board of directors; and (2) The duty to prepare the benefit report required by § 4-36-401 .

(1) The powers and duties relating to the purpose of the corporation to pursue a general public benefit or a specific public benefit provided: (A) By the bylaws; or (B) Absent controlling provisions in the bylaws, by resolutions or orders of the board of directors; and

(A) By the bylaws; or

(B) Absent controlling provisions in the bylaws, by resolutions or orders of the board of directors; and

(2) The duty to prepare the benefit report required by § 4-36-401 .

Added by Act 2013, No. 1388,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 4-28-633 — AR Code / Title 4 / Chapter 28 / Subchapter 6 / Section 4-28-633
Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

This subchapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 , et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. § 7001(c) , or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. § 7003(b) . Acts 2011, No. 202, § 2.

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

Acts 2011, No. 202, § 2.
Ark. Code Ann. § 4-59-304 — AR Code / Title 4 / Chapter 59 / Subchapter 3 / Section 4-59-304
Issuance of nonnegotiable bill not so marked
Status: in_force

Any person who with intent to defraud issues or aids in issuing a nonnegotiable bill without the words "not negotiable" placed plainly upon the face thereof 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, § 50; A.S.A. 1947, § 68-1150.

Any person who with intent to defraud issues or aids in issuing a nonnegotiable bill without the words "not negotiable" placed plainly upon the face thereof 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, § 50; A.S.A. 1947, § 68-1150.
Ark. Code Ann. § 4-97-109 — AR Code / Title 4 / Chapter 97 / Section 4-97-109
Applicability to other laws - Preemption
Status: in_force

(a) Except as provided in subsection (b) of this section, this chapter shall not be construed to prevent or limit the application of any other law. (b) A local government shall not pass an ordinance, resolution, or regulation that prohibits a retail pet store from: (1) Acquiring an animal from a: (A) Cattery; (B) Kennel; or (C) Dealer as defined in 7 U.S.C. § 2132 , as it existed on January 1, 2023; or (2) Selling an animal that is acquired from a cattery, kennel, or dealer as defined in 7 U.S.C. § 2132 , as it existed on January 1, 2023, to a person. (c) An ordinance, resolution, or regulation of a local government shall be rendered invalid if it is found to be in conflict with the language set out within this section. Amended by Act 2023, No. 730,§ 2, eff. 8/1/2023. Acts 1991, No. 1225, § 10.

(a) Except as provided in subsection (b) of this section, this chapter shall not be construed to prevent or limit the application of any other law.

(b) A local government shall not pass an ordinance, resolution, or regulation that prohibits a retail pet store from: (1) Acquiring an animal from a: (A) Cattery; (B) Kennel; or (C) Dealer as defined in 7 U.S.C. § 2132 , as it existed on January 1, 2023; or (2) Selling an animal that is acquired from a cattery, kennel, or dealer as defined in 7 U.S.C. § 2132 , as it existed on January 1, 2023, to a person.

(1) Acquiring an animal from a: (A) Cattery; (B) Kennel; or (C) Dealer as defined in 7 U.S.C. § 2132 , as it existed on January 1, 2023; or

(A) Cattery;

(B) Kennel; or

(C) Dealer as defined in 7 U.S.C. § 2132 , as it existed on January 1, 2023; or

(2) Selling an animal that is acquired from a cattery, kennel, or dealer as defined in 7 U.S.C. § 2132 , as it existed on January 1, 2023, to a person.

(c) An ordinance, resolution, or regulation of a local government shall be rendered invalid if it is found to be in conflict with the language set out within this section.

Amended by Act 2023, No. 730,§ 2, eff. 8/1/2023.

Acts 1991, No. 1225, § 10.
Ark. Code Ann. § 4-25-105 — AR Code / Title 4 / Chapter 25 / Section 4-25-105
Joint tenancy in stock certificate
Status: in_force

(a) In any instance in which any corporation or cooperative association organized under the laws of the State of Arkansas may issue any stock certificate or other form of certificate of any character evidencing ownership or equity in the corporation or cooperative association in two (2) or more persons and shall use the word "or" between the names of the persons to whom it is issued so as to cause it to read in the alternative, the persons to whom the certificate is issued in this form shall hold and own the same as joint tenants and not as tenants in common, and full and complete ownership of the certificate so issued shall pass and belong to the last survivor of the persons so named. (b) Any one (1) of the persons to whom any certificate may be issued in manner and form as provided in subsection (a) of this section may endorse, assign, or transfer the certificate as fully and as effectively as could all persons therein named joining together. The endorsement, assignment, or transfer so made shall be fully binding on all persons named therein. Acts 1959, No. 161, §§ 1, 2; A.S.A. 1947, §§ 50-110, 50-111.

(a) In any instance in which any corporation or cooperative association organized under the laws of the State of Arkansas may issue any stock certificate or other form of certificate of any character evidencing ownership or equity in the corporation or cooperative association in two (2) or more persons and shall use the word "or" between the names of the persons to whom it is issued so as to cause it to read in the alternative, the persons to whom the certificate is issued in this form shall hold and own the same as joint tenants and not as tenants in common, and full and complete ownership of the certificate so issued shall pass and belong to the last survivor of the persons so named.

(b) Any one (1) of the persons to whom any certificate may be issued in manner and form as provided in subsection (a) of this section may endorse, assign, or transfer the certificate as fully and as effectively as could all persons therein named joining together. The endorsement, assignment, or transfer so made shall be fully binding on all persons named therein.

Acts 1959, No. 161, §§ 1, 2; A.S.A. 1947, §§ 50-110, 50-111.
Ark. Code Ann. § 4-28-613 — AR Code / Title 4 / Chapter 28 / Subchapter 6 / Section 4-28-613
Action or proceeding not abated by change
Status: in_force

An action or proceeding against an unincorporated nonprofit association does not abate merely because of a change in its members or managers. Acts 2011, No. 202, § 2.

An action or proceeding against an unincorporated nonprofit association does not abate merely because of a change in its members or managers.

Acts 2011, No. 202, § 2.
Ark. Code Ann. § 4-72-602 — AR Code / Title 4 / Chapter 72 / Subchapter 6 / Section 4-72-602
Commencement of civil action or arbitration proceeding
Status: in_force

(a) A party to a restaurant franchise may commence a civil action or, if the restaurant franchise allows or compels arbitration of disputes, may initiate an arbitration proceeding, including an action or proceeding for violation of this subchapter, in Arkansas if either party to the restaurant franchise is a resident of Arkansas. (b) Such action may be brought or arbitration initiated in the county in which the franchised restaurant is located or expected to be located or in which the principal place of business of the franchisee or franchisor is located. Acts 1993, No. 310, § 2.

(a) A party to a restaurant franchise may commence a civil action or, if the restaurant franchise allows or compels arbitration of disputes, may initiate an arbitration proceeding, including an action or proceeding for violation of this subchapter, in Arkansas if either party to the restaurant franchise is a resident of Arkansas.

(b) Such action may be brought or arbitration initiated in the county in which the franchised restaurant is located or expected to be located or in which the principal place of business of the franchisee or franchisor is located.

Acts 1993, No. 310, § 2.
Ark. Code Ann. § 4-26-709 — AR Code / Title 4 / Chapter 26 / Subchapter 7 / Section 4-26-709
Greater voting requirements
Status: in_force

Whenever, with respect to any action to be taken by the shareholders of a corporation, the articles of incorporation require the vote or concurrence of the holders of a greater proportion of the shares, or of any class or series thereof, than required by this chapter with respect to such action, the provisions of the articles of incorporation shall control. Acts 1965, No. 576, § 35.3; A.S.A. 1947, § 64-222.

Whenever, with respect to any action to be taken by the shareholders of a corporation, the articles of incorporation require the vote or concurrence of the holders of a greater proportion of the shares, or of any class or series thereof, than required by this chapter with respect to such action, the provisions of the articles of incorporation shall control.

Acts 1965, No. 576, § 35.3; A.S.A. 1947, § 64-222.
Ark. Code Ann. § 4-38-303 — AR Code / Title 4 / Chapter 38 / Subchapter 3 / Section 4-38-303
Statement of denial
Status: in_force

A person named in a filed statement of authority granting that person authority may deliver to the Secretary of State for filing a statement of denial that: (1) provides the name of the limited liability company and the caption of the statement of authority to which the statement of denial pertains; and (2) denies the grant of authority. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

A person named in a filed statement of authority granting that person authority may deliver to the Secretary of State for filing a statement of denial that:

(1) provides the name of the limited liability company and the caption of the statement of authority to which the statement of denial pertains; and

(2) denies the grant of authority.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-88-1201 — AR Code / Title 4 / Chapter 88 / Subchapter 12 / Section 4-88-1201
Title
Status: in_force

This subchapter shall be known and may be cited as the "Event Ticketing and Resale Consumer Protection Act". Added by Act 2023, No. 590,§ 1, eff. 4/11/2023.

This subchapter shall be known and may be cited as the "Event Ticketing and Resale Consumer Protection Act".

Added by Act 2023, No. 590,§ 1, eff. 4/11/2023.
Ark. Code Ann. § 4-75-1108 — AR Code / Title 4 / Chapter 75 / Subchapter 11 / Section 4-75-1108
Unauthorized commercial use
Status: in_force

(a) Except as provided in § 4-75-1110 , a person who commercially uses the name, voice, signature, photograph, or likeness of an individual is liable to the holder of the property right provided by this subchapter for damages and disgorgement of profits, funds, goods, or services if the commercial use was not authorized under § 4-75-1104(c) . (b) If a minor is the holder of the property right, the parent or legal guardian may consent on the minor's behalf. Added by Act 2016EX3, No. 9,§ 1, eff. 8/22/2016. Added by Act 2016EX3, No. 8,§ 1, eff. 8/22/2016.

(a) Except as provided in § 4-75-1110 , a person who commercially uses the name, voice, signature, photograph, or likeness of an individual is liable to the holder of the property right provided by this subchapter for damages and disgorgement of profits, funds, goods, or services if the commercial use was not authorized under § 4-75-1104(c) .

(b) If a minor is the holder of the property right, the parent or legal guardian may consent on the minor's behalf.

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

Added by Act 2016EX3, No. 8,§ 1, eff. 8/22/2016.
Ark. Code Ann. § 4-27-301 — AR Code / Title 4 / Chapter 27 / Subchapter 3 / Section 4-27-301
Purposes
Status: in_force

(a) Every corporation incorporated under this chapter has the purpose of engaging in any lawful business unless a more limited purpose is specifically set forth in the articles of incorporation. A statement of a corporation's primary purpose or purposes made pursuant to § 4-27-202(a)(5) shall not be construed as a specific limitation of the broad purposes for which the corporation may be organized. (b) A corporation engaging in a business that is subject to regulation under another statute of this state may incorporate under this chapter only if permitted by, and subject to all limitations of, the other statute. Acts 1987, No. 958, § 64-301.

(a) Every corporation incorporated under this chapter has the purpose of engaging in any lawful business unless a more limited purpose is specifically set forth in the articles of incorporation. A statement of a corporation's primary purpose or purposes made pursuant to § 4-27-202(a)(5) shall not be construed as a specific limitation of the broad purposes for which the corporation may be organized.

(b) A corporation engaging in a business that is subject to regulation under another statute of this state may incorporate under this chapter only if permitted by, and subject to all limitations of, the other statute.

Acts 1987, No. 958, § 64-301.
Ark. Code Ann. § 4-47-503 — AR Code / Title 4 / Chapter 47 / Subchapter 5 / Section 4-47-503
Sharing of distributions
Status: in_force

A distribution by a limited partnership must be shared among the partners on the basis of the value, as stated in the required records when the limited partnership decides to make the distribution, of the contributions the limited partnership has received from each partner. Acts 2007, No. 15, § 1.

A distribution by a limited partnership must be shared among the partners on the basis of the value, as stated in the required records when the limited partnership decides to make the distribution, of the contributions the limited partnership has received from each partner.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-59-405 — AR Code / Title 4 / Chapter 59 / Subchapter 4 / Section 4-59-405
Delivering goods without obtaining negotiable receipt
Status: in_force

A warehouseman or any officer, agent, or servant of a warehouseman who delivers goods out of the possession of the warehouseman without obtaining the possession of the receipt at or before the time of the delivery, knowing that a negotiable receipt, the negotiation of which would transfer the right to the possession of the goods, is outstanding and uncancelled shall be guilty of a Class A misdemeanor. Acts 1915, No. 273, § 54; C. & M. Dig., § 10398; Pope's Dig., § 14466; A.S.A. 1947, § 68-1254; Acts 2005, No. 1994, § 217.

A warehouseman or any officer, agent, or servant of a warehouseman who delivers goods out of the possession of the warehouseman without obtaining the possession of the receipt at or before the time of the delivery, knowing that a negotiable receipt, the negotiation of which would transfer the right to the possession of the goods, is outstanding and uncancelled shall be guilty of a Class A misdemeanor.

Acts 1915, No. 273, § 54; C. & M. Dig., § 10398; Pope's Dig., § 14466; A.S.A. 1947, § 68-1254; Acts 2005, No. 1994, § 217.
Ark. Code Ann. § 4-75-406 — AR Code / Title 4 / Chapter 75 / Subchapter 4 / Section 4-75-406
Foreign corporations violating subchapter prohibited from doing business
Status: in_force

Every foreign corporation, as well as every foreign association, exercising any of the powers, franchises, or functions of a corporation in this state, violating any of the provisions of this subchapter, is denied the right and prohibited from doing any business in this state. It shall be the duty of the Attorney General to enforce this provision by bringing proper proceedings by injunction or otherwise. The Secretary of State shall be authorized to revoke the license of any such corporation or association authorized by him or her to do business in this state. Acts 1937, No. 205, § 8; Pope's Dig., § 9426; A.S.A. 1947, § 70-137.

Every foreign corporation, as well as every foreign association, exercising any of the powers, franchises, or functions of a corporation in this state, violating any of the provisions of this subchapter, is denied the right and prohibited from doing any business in this state. It shall be the duty of the Attorney General to enforce this provision by bringing proper proceedings by injunction or otherwise. The Secretary of State shall be authorized to revoke the license of any such corporation or association authorized by him or her to do business in this state.

Acts 1937, No. 205, § 8; Pope's Dig., § 9426; A.S.A. 1947, § 70-137.
Ark. Code Ann. § 4-89-110 — AR Code / Title 4 / Chapter 89 / Section 4-89-110
Return of goods by buyer - Buyer's duty
Status: in_force

(a) (1) Within twenty (20) days after a home solicitation contract or offer has been cancelled, the buyer, upon demand, must tender to the seller any goods delivered by the seller pursuant to the sale or offer, but he or she is not obligated to tender at any place other than his or her own address. (2) If the seller fails to demand possession of goods within twenty (20) days after cancellation, the goods become the property of the buyer without obligation to pay for them. (b) (1) The buyer has a duty to take reasonable care of the goods in his or her possession both prior to cancellation and during the twenty-day period following. (2) During the twenty-day period after cancellation, except for the buyer's duty of care, the goods are at the seller's risk. Acts 1973, No. 462, § 6; A.S.A. 1947, § 70-919.

(a) (1) Within twenty (20) days after a home solicitation contract or offer has been cancelled, the buyer, upon demand, must tender to the seller any goods delivered by the seller pursuant to the sale or offer, but he or she is not obligated to tender at any place other than his or her own address. (2) If the seller fails to demand possession of goods within twenty (20) days after cancellation, the goods become the property of the buyer without obligation to pay for them.

(1) Within twenty (20) days after a home solicitation contract or offer has been cancelled, the buyer, upon demand, must tender to the seller any goods delivered by the seller pursuant to the sale or offer, but he or she is not obligated to tender at any place other than his or her own address.

(2) If the seller fails to demand possession of goods within twenty (20) days after cancellation, the goods become the property of the buyer without obligation to pay for them.

(b) (1) The buyer has a duty to take reasonable care of the goods in his or her possession both prior to cancellation and during the twenty-day period following. (2) During the twenty-day period after cancellation, except for the buyer's duty of care, the goods are at the seller's risk.

(1) The buyer has a duty to take reasonable care of the goods in his or her possession both prior to cancellation and during the twenty-day period following.

(2) During the twenty-day period after cancellation, except for the buyer's duty of care, the goods are at the seller's risk.

Acts 1973, No. 462, § 6; A.S.A. 1947, § 70-919.
Ark. Code Ann. § 4-96-301 — AR Code / Title 4 / Chapter 96 / Subchapter 3 / Section 4-96-301
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas New Farm Machinery Quality Assurance Act". Added by Act 2019, No. 588,§ 1, eff. 7/24/2019.

This subchapter shall be known and may be cited as the "Arkansas New Farm Machinery Quality Assurance Act".

Added by Act 2019, No. 588,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 4-47-606 — AR Code / Title 4 / Chapter 47 / Subchapter 6 / Section 4-47-606
Power to bind and liability to limited partnership before dissolution of partnership of person dissociated as general partner
Status: in_force

(a) After a person is dissociated as a general partner and before the limited partnership is dissolved, converted under subchapter 11, or merged out of existence under subchapter 11, the limited partnership is bound by an act of the person only if: (1) the act would have bound the limited partnership under § 4-47-402 before the dissociation; and (2) at the time the other party enters into the transaction: (A) less than two years has passed since the dissociation; and (B) the other party does not have notice of the dissociation and reasonably believes that the person is a general partner. (b) If a limited partnership is bound under subsection (a), the person dissociated as a general partner which caused the limited partnership to be bound is liable: (1) to the limited partnership for any damage caused to the limited partnership arising from the obligation incurred under subsection (a); and (2) if a general partner or another person dissociated as a general partner is liable for the obligation, to the general partner or other person for any damage caused to the general partner or other person arising from the liability. Acts 2007, No. 15, § 1.

(a) After a person is dissociated as a general partner and before the limited partnership is dissolved, converted under subchapter 11, or merged out of existence under subchapter 11, the limited partnership is bound by an act of the person only if: (1) the act would have bound the limited partnership under § 4-47-402 before the dissociation; and (2) at the time the other party enters into the transaction: (A) less than two years has passed since the dissociation; and (B) the other party does not have notice of the dissociation and reasonably believes that the person is a general partner.

(1) the act would have bound the limited partnership under § 4-47-402 before the dissociation; and

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

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

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

(b) If a limited partnership is bound under subsection (a), the person dissociated as a general partner which caused the limited partnership to be bound is liable: (1) to the limited partnership for any damage caused to the limited partnership arising from the obligation incurred under subsection (a); and (2) if a general partner or another person dissociated as a general partner is liable for the obligation, to the general partner or other person for any damage caused to the general partner or other person arising from the liability.

(1) to the limited partnership for any damage caused to the limited partnership arising from the obligation incurred under subsection (a); and

(2) if a general partner or another person dissociated as a general partner is liable for the obligation, to the general partner or other person for any damage caused to the general partner or other person arising from the liability.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-36-301 — AR Code / Title 4 / Chapter 36 / Subchapter 3 / Section 4-36-301
Standard of conduct for directors
Status: in_force

(a) In discharging the duties of their respective positions and in considering the best interests of the benefit corporation, the board of directors, committees of the board, and individual directors of a benefit corporation: (1) Shall consider the effects of an action or inaction on: (A) The shareholders of the benefit corporation; (B) The employees and work force of the benefit corporation, its subsidiaries, and its suppliers; (C) The interests of customers as beneficiaries of the general public benefit or specific public benefit purposes of the benefit corporation; (D) Community and societal factors, including those of each community in which offices or facilities of the benefit corporation, its subsidiaries, or its suppliers are located; (E) The local and global environment; (F) The short-term and long-term interests of the benefit corporation, including benefits that may accrue to the benefit corporation from its long-term plans and the possibility that these interests may be best served by the continued independence of the benefit corporation; and (G) The ability of the benefit corporation to accomplish its general public benefit purpose and a specific public benefit purpose; (2) May consider other pertinent factors or the interests of a group that they consider appropriate; and (3) Need not give priority to the interests of a particular person or group referred to in subdivision (a)(1) or subdivision (a)(2) of this section over the interests of another person or group unless the benefit corporation has stated in its articles of incorporation its intention to give priority to certain interests related to its accomplishment of its general public benefit purpose or of a specific public benefit purpose identified in its articles of incorporation. (b) The consideration of interests and factors required by subsection (a) of this section does not constitute a violation of § 4-27-801 . (c) A director is not personally liable for monetary damages for: (1) Action taken as a director if the director performed the duties of office in compliance with § 4-27-801 ; or (2) Failure of the benefit corporation to pursue a general public benefit or a specific public benefit. (d) A director does not have a duty to a person that is a beneficiary of a general public benefit purpose or a specific public benefit purpose of a benefit corporation arising from the status of the person as a beneficiary. Added by Act 2013, No. 1388,§ 1, eff. 8/16/2013.

(a) In discharging the duties of their respective positions and in considering the best interests of the benefit corporation, the board of directors, committees of the board, and individual directors of a benefit corporation: (1) Shall consider the effects of an action or inaction on: (A) The shareholders of the benefit corporation; (B) The employees and work force of the benefit corporation, its subsidiaries, and its suppliers; (C) The interests of customers as beneficiaries of the general public benefit or specific public benefit purposes of the benefit corporation; (D) Community and societal factors, including those of each community in which offices or facilities of the benefit corporation, its subsidiaries, or its suppliers are located; (E) The local and global environment; (F) The short-term and long-term interests of the benefit corporation, including benefits that may accrue to the benefit corporation from its long-term plans and the possibility that these interests may be best served by the continued independence of the benefit corporation; and (G) The ability of the benefit corporation to accomplish its general public benefit purpose and a specific public benefit purpose; (2) May consider other pertinent factors or the interests of a group that they consider appropriate; and (3) Need not give priority to the interests of a particular person or group referred to in subdivision (a)(1) or subdivision (a)(2) of this section over the interests of another person or group unless the benefit corporation has stated in its articles of incorporation its intention to give priority to certain interests related to its accomplishment of its general public benefit purpose or of a specific public benefit purpose identified in its articles of incorporation.

(1) Shall consider the effects of an action or inaction on: (A) The shareholders of the benefit corporation; (B) The employees and work force of the benefit corporation, its subsidiaries, and its suppliers; (C) The interests of customers as beneficiaries of the general public benefit or specific public benefit purposes of the benefit corporation; (D) Community and societal factors, including those of each community in which offices or facilities of the benefit corporation, its subsidiaries, or its suppliers are located; (E) The local and global environment; (F) The short-term and long-term interests of the benefit corporation, including benefits that may accrue to the benefit corporation from its long-term plans and the possibility that these interests may be best served by the continued independence of the benefit corporation; and (G) The ability of the benefit corporation to accomplish its general public benefit purpose and a specific public benefit purpose;

(A) The shareholders of the benefit corporation;

(B) The employees and work force of the benefit corporation, its subsidiaries, and its suppliers;

(C) The interests of customers as beneficiaries of the general public benefit or specific public benefit purposes of the benefit corporation;

(D) Community and societal factors, including those of each community in which offices or facilities of the benefit corporation, its subsidiaries, or its suppliers are located;

(E) The local and global environment;

(F) The short-term and long-term interests of the benefit corporation, including benefits that may accrue to the benefit corporation from its long-term plans and the possibility that these interests may be best served by the continued independence of the benefit corporation; and

(G) The ability of the benefit corporation to accomplish its general public benefit purpose and a specific public benefit purpose;

(2) May consider other pertinent factors or the interests of a group that they consider appropriate; and

(3) Need not give priority to the interests of a particular person or group referred to in subdivision (a)(1) or subdivision (a)(2) of this section over the interests of another person or group unless the benefit corporation has stated in its articles of incorporation its intention to give priority to certain interests related to its accomplishment of its general public benefit purpose or of a specific public benefit purpose identified in its articles of incorporation.

(b) The consideration of interests and factors required by subsection (a) of this section does not constitute a violation of § 4-27-801 .

(c) A director is not personally liable for monetary damages for: (1) Action taken as a director if the director performed the duties of office in compliance with § 4-27-801 ; or (2) Failure of the benefit corporation to pursue a general public benefit or a specific public benefit.

(1) Action taken as a director if the director performed the duties of office in compliance with § 4-27-801 ; or

(2) Failure of the benefit corporation to pursue a general public benefit or a specific public benefit.

(d) A director does not have a duty to a person that is a beneficiary of a general public benefit purpose or a specific public benefit purpose of a benefit corporation arising from the status of the person as a beneficiary.

Added by Act 2013, No. 1388,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 4-75-1004 — AR Code / Title 4 / Chapter 75 / Subchapter 10 / Section 4-75-1004
Foundation repair contract requirements
Status: in_force

A foundation repair contract shall contain the: (1) Legal description and street address of the single-family dwelling; and (2) Names and addresses of the parties to the contract. Added by Act 2015, No. 687,§ 1, eff. 7/22/2015.

A foundation repair contract shall contain the:

(1) Legal description and street address of the single-family dwelling; and

(2) Names and addresses of the parties to the contract.

Added by Act 2015, No. 687,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 4-29-203 — AR Code / Title 4 / Chapter 29 / Subchapter 2 / Section 4-29-203
Subchapter optional
Status: in_force

(a) Nothing in this subchapter shall be construed to amend, repeal, or supersede all or any part of the Medical Corporation Act, § 4-29-301 et seq., or Dental Corporation Act, § 4-29-401 et seq., and insofar as those acts are concerned in relation to this subchapter, this subchapter shall be construed as being optional. (b) This subchapter shall also be optional to other professional corporations now legally doing business in the State of Arkansas. Acts 1963, No. 155, § 18; A.S.A. 1947, § 64-2018.

(a) Nothing in this subchapter shall be construed to amend, repeal, or supersede all or any part of the Medical Corporation Act, § 4-29-301 et seq., or Dental Corporation Act, § 4-29-401 et seq., and insofar as those acts are concerned in relation to this subchapter, this subchapter shall be construed as being optional.

(b) This subchapter shall also be optional to other professional corporations now legally doing business in the State of Arkansas.

Acts 1963, No. 155, § 18; A.S.A. 1947, § 64-2018.
Ark. Code Ann. § 4-99-106 — AR Code / Title 4 / Chapter 99 / Subchapter 1 / Section 4-99-106
Exemption information - Requirements
Status: in_force

(a) A person claiming an exemption from registration as provided by this chapter shall keep full and accurate records in a form that will enable the person to provide to the Secretary of State or the Attorney General upon request the information required to substantiate an exemption under this chapter. (b) The information provided under this section shall be verified by a declaration signed under penalty of perjury by each principal of the person claiming exemption. Amended by Act 2017, No. 728,§ 4, eff. 1/1/2018. Acts 1993, No. 137, § 5.

(a) A person claiming an exemption from registration as provided by this chapter shall keep full and accurate records in a form that will enable the person to provide to the Secretary of State or the Attorney General upon request the information required to substantiate an exemption under this chapter.

(b) The information provided under this section shall be verified by a declaration signed under penalty of perjury by each principal of the person claiming exemption.

Amended by Act 2017, No. 728,§ 4, eff. 1/1/2018.

Acts 1993, No. 137, § 5.
Ark. Code Ann. § 4-109-103 — AR Code / Title 4 / Chapter 109 / Section 4-109-103
Notice required
Status: in_force

(a) Any notary public who chooses to use the term "notario" or "notario publico", or any similar terms, in any advertisement shall include in the advertisement the following notice: "I AM NOT A LICENSED ATTORNEY AND CANNOT ENGAGE IN THE PRACTICE OF LAW. I AM NOT A REPRESENTATIVE OF ANY GOVERNMENTAL AGENCY WITH AUTHORITY OVER IMMIGRATION OR CITIZENSHIP AND I CANNOT OFFER LEGAL ADVICE OR OTHER ASSISTANCE REGARDING IMMIGRATION." (b) The notice shall be provided in both English and Spanish. Acts 2005, No. 66, § 1.

(a) Any notary public who chooses to use the term "notario" or "notario publico", or any similar terms, in any advertisement shall include in the advertisement the following notice: "I AM NOT A LICENSED ATTORNEY AND CANNOT ENGAGE IN THE PRACTICE OF LAW. I AM NOT A REPRESENTATIVE OF ANY GOVERNMENTAL AGENCY WITH AUTHORITY OVER IMMIGRATION OR CITIZENSHIP AND I CANNOT OFFER LEGAL ADVICE OR OTHER ASSISTANCE REGARDING IMMIGRATION."

"I AM NOT A LICENSED ATTORNEY AND CANNOT ENGAGE IN THE PRACTICE OF LAW. I AM NOT A REPRESENTATIVE OF ANY GOVERNMENTAL AGENCY WITH AUTHORITY OVER IMMIGRATION OR CITIZENSHIP AND I CANNOT OFFER LEGAL ADVICE OR OTHER ASSISTANCE REGARDING IMMIGRATION."

(b) The notice shall be provided in both English and Spanish.

Acts 2005, No. 66, § 1.
Ark. Code Ann. § 4-33-304 — AR Code / Title 4 / Chapter 33 / Subchapter 3 / Section 4-33-304
Ultra vires
Status: in_force

(a) Except as provided in subsection (b) of this section, the validity of corporate action may not be challenged on the ground that the corporation lacks or lacked power to act. (b) A corporation's power to act may be challenged in a proceeding against the corporation to enjoin an act where a third party has not acquired rights. The proceeding may be brought by the Attorney General, a director, or by a member or members in a derivative proceeding. (c) A corporation's power to act may be challenged in a proceeding against an incumbent or former director, officer, employee or agent of the corporation. The proceeding may be brought by a director, the corporation, directly, derivatively, or through a receiver, a trustee or other legal representative, or in the case of a public benefit corporation, by the Attorney General. Acts 1993, No. 1147, § 304.

(a) Except as provided in subsection (b) of this section, the validity of corporate action may not be challenged on the ground that the corporation lacks or lacked power to act.

(b) A corporation's power to act may be challenged in a proceeding against the corporation to enjoin an act where a third party has not acquired rights. The proceeding may be brought by the Attorney General, a director, or by a member or members in a derivative proceeding.

(c) A corporation's power to act may be challenged in a proceeding against an incumbent or former director, officer, employee or agent of the corporation. The proceeding may be brought by a director, the corporation, directly, derivatively, or through a receiver, a trustee or other legal representative, or in the case of a public benefit corporation, by the Attorney General.

Acts 1993, No. 1147, § 304.
Ark. Code Ann. § 4-28-214 — AR Code / Title 4 / Chapter 28 / Subchapter 2 / Section 4-28-214
Registered agent - Service of process
Status: in_force

(a) Each corporation shall maintain a registered agent at its principal office or place of business upon whom may be served any process, notice, or demand required or permitted by law to be served upon the corporation. The registered agent may be changed upon the filing of proper notice in the office of the Secretary of State. (b) (1) Whenever a corporation fails to appoint or maintain a registered agent in this state or whenever its registered agent cannot with reasonable diligence be found at the registered office, then the Secretary of State shall be an agent of the corporation upon whom any such process, notice, or demand may be served. (2) Service on the Secretary of State shall be made by delivering to and leaving with him or her, or with any clerk having charge of the corporation department of his or her office, duplicate copies of the process, notice, or demand. (3) The Secretary of State shall cause one (1) of the copies of the process, notice, or demand to be forwarded by registered mail or certified mail with a return receipt requested to the corporation at its last known principal office or place of business. (4) Any service so had on the Secretary of State shall be returnable in not less than thirty (30) days. (c) Nothing contained in this section shall limit or affect the right to serve any process, notice, or demand required or permitted by law to be served upon a corporation in any manner permitted by law. Acts 1963, No. 176, § 15; A.S.A. 1947, § 64-1915.

(a) Each corporation shall maintain a registered agent at its principal office or place of business upon whom may be served any process, notice, or demand required or permitted by law to be served upon the corporation. The registered agent may be changed upon the filing of proper notice in the office of the Secretary of State.

(b) (1) Whenever a corporation fails to appoint or maintain a registered agent in this state or whenever its registered agent cannot with reasonable diligence be found at the registered office, then the Secretary of State shall be an agent of the corporation upon whom any such process, notice, or demand may be served. (2) Service on the Secretary of State shall be made by delivering to and leaving with him or her, or with any clerk having charge of the corporation department of his or her office, duplicate copies of the process, notice, or demand. (3) The Secretary of State shall cause one (1) of the copies of the process, notice, or demand to be forwarded by registered mail or certified mail with a return receipt requested to the corporation at its last known principal office or place of business. (4) Any service so had on the Secretary of State shall be returnable in not less than thirty (30) days.

(1) Whenever a corporation fails to appoint or maintain a registered agent in this state or whenever its registered agent cannot with reasonable diligence be found at the registered office, then the Secretary of State shall be an agent of the corporation upon whom any such process, notice, or demand may be served.

(2) Service on the Secretary of State shall be made by delivering to and leaving with him or her, or with any clerk having charge of the corporation department of his or her office, duplicate copies of the process, notice, or demand.

(3) The Secretary of State shall cause one (1) of the copies of the process, notice, or demand to be forwarded by registered mail or certified mail with a return receipt requested to the corporation at its last known principal office or place of business.

(4) Any service so had on the Secretary of State shall be returnable in not less than thirty (30) days.

(c) Nothing contained in this section shall limit or affect the right to serve any process, notice, or demand required or permitted by law to be served upon a corporation in any manner permitted by law.

Acts 1963, No. 176, § 15; A.S.A. 1947, § 64-1915.
Ark. Code Ann. § 4-86-109 — AR Code / Title 4 / Chapter 86 / Section 4-86-109
Automatic lease renewal - Notice required - Definition
Status: in_force

(a) For purposes of this section, "automatic lease renewal" means a provision in a written lease of personal property that the lease is automatically renewed for an additional term at the end of the initial lease agreement term or at the end of any renewal lease term unless the lessee gives written notice to the lessor not to renew the lease agreement. (b) Except as provided in subsection (c) of this section, a lessor of personal property under a written lease agreement that contains an automatic lease renewal shall provide to a lessee: (1) Written notice of the automatic renewal at least thirty (30) days before the date the cancellation of the renewal of the lease agreement is due by the lessee; (2) The identification of the lessor on communications between the lessee and lessor, including monthly statements; (3) A copy of the original lease agreement on request; and (4) The full purchase price, the interest rate for the lease, the monthly payment, and the total payoff amount for the personal property in the written lease agreement. (c) If the lessor fails to provide the notice and information required under subsection (b) of this section, the automatic lease agreement renewal is voidable at the option of the lessee. (d) This section does not apply to lease agreements with a term of less than one (1) year. Added by Act 2013, No. 1320,§ 1, eff. 8/16/2013.

(a) For purposes of this section, "automatic lease renewal" means a provision in a written lease of personal property that the lease is automatically renewed for an additional term at the end of the initial lease agreement term or at the end of any renewal lease term unless the lessee gives written notice to the lessor not to renew the lease agreement.

(b) Except as provided in subsection (c) of this section, a lessor of personal property under a written lease agreement that contains an automatic lease renewal shall provide to a lessee: (1) Written notice of the automatic renewal at least thirty (30) days before the date the cancellation of the renewal of the lease agreement is due by the lessee; (2) The identification of the lessor on communications between the lessee and lessor, including monthly statements; (3) A copy of the original lease agreement on request; and (4) The full purchase price, the interest rate for the lease, the monthly payment, and the total payoff amount for the personal property in the written lease agreement.

(1) Written notice of the automatic renewal at least thirty (30) days before the date the cancellation of the renewal of the lease agreement is due by the lessee;

(2) The identification of the lessor on communications between the lessee and lessor, including monthly statements;

(3) A copy of the original lease agreement on request; and

(4) The full purchase price, the interest rate for the lease, the monthly payment, and the total payoff amount for the personal property in the written lease agreement.

(c) If the lessor fails to provide the notice and information required under subsection (b) of this section, the automatic lease agreement renewal is voidable at the option of the lessee.

(d) This section does not apply to lease agreements with a term of less than one (1) year.

Added by Act 2013, No. 1320,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 4-87-101 — AR Code / Title 4 / Chapter 87 / Section 4-87-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Arkansas Equal Consumer Credit Act of 1975". Acts 1975, No. 566, § 1; A.S.A. 1947, § 70-925.

This chapter shall be known and may be cited as the "Arkansas Equal Consumer Credit Act of 1975".

Acts 1975, No. 566, § 1; A.S.A. 1947, § 70-925.
Ark. Code Ann. § 4-93-102 — AR Code / Title 4 / Chapter 93 / Section 4-93-102
Definitions
Status: in_force

As used in this chapter, the terms "consumer", "consumer report", "consumer reporting agency", and "person" have the same meaning as used in the federal Fair Credit Reporting Act, 15 U.S.C. § 1681 , 84 Stat. 1128. Acts 1989, No. 431, § 2; 1989, No. 593, § 2.

As used in this chapter, the terms "consumer", "consumer report", "consumer reporting agency", and "person" have the same meaning as used in the federal Fair Credit Reporting Act, 15 U.S.C. § 1681 , 84 Stat. 1128.

Acts 1989, No. 431, § 2; 1989, No. 593, § 2.
Ark. Code Ann. § 4-26-1006 — AR Code / Title 4 / Chapter 26 / Subchapter 10 / Section 4-26-1006
Merger
Status: in_force

(a) A corporation may merge with one (1) or more other constituent organizations under this section and §§ 4-26-1007 - 4-26-1010 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 the governing statute; and (3) Each of the other organizations complies with its governing statute in effecting the merger. (b) A plan of merger shall be in a record and shall include: (1) The name and form of each constituent organization; (2) The name and form of the surviving organization; (3) The terms and conditions of the merger, including the manner and basis for converting the interests in each constituent organization into any combination of money, interests in the surviving organization, and other consideration; and (4) Any amendments to be made by the merger to the surviving organization's organizational documents. Acts 2009, No. 408, § 1.

(a) A corporation may merge with one (1) or more other constituent organizations under this section and §§ 4-26-1007 - 4-26-1010 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 the governing statute; 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 the governing statute; and

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

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

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

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

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

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

Acts 2009, No. 408, § 1.
Ark. Code Ann. § 4-98-102 — AR Code / Title 4 / Chapter 98 / Section 4-98-102
Definitions
Status: in_force

For the purposes of this chapter, unless the context otherwise requires: (1) "Information provider" means any person, company, or corporation that controls the content of a pay-per-call service. Any telephone corporation that provides basic local exchange service or message telecommunication service which only transmits pay-per-call service but which does not control the content of the information transmitted is not included within this definition; and (2) "Pay-per-call service" means any telecommunications service which permits calling by a number of callers to a single telephone number and for which the calling party is assessed by virtue of completing the call a charge that is not dependent on the existence of a presubscription relationship and for which the caller pays a per-call or per-time interval charge that is greater than or in addition to the charge for the transmission of the call. Acts 1993, No. 203, § 2.

For the purposes of this chapter, unless the context otherwise requires:

(1) "Information provider" means any person, company, or corporation that controls the content of a pay-per-call service. Any telephone corporation that provides basic local exchange service or message telecommunication service which only transmits pay-per-call service but which does not control the content of the information transmitted is not included within this definition; and

(2) "Pay-per-call service" means any telecommunications service which permits calling by a number of callers to a single telephone number and for which the calling party is assessed by virtue of completing the call a charge that is not dependent on the existence of a presubscription relationship and for which the caller pays a per-call or per-time interval charge that is greater than or in addition to the charge for the transmission of the call.

Acts 1993, No. 203, § 2.
Ark. Code Ann. § 4-30-202 — AR Code / Title 4 / Chapter 30 / Subchapter 2 / Section 4-30-202
Applicability of subchapter
Status: in_force

Nothing in this subchapter shall apply to or affect in any manner the so-called agricultural credit corporations or any other type of association organized under this chapter which does not receive deposits or forward checks, drafts, or orders for collection. Acts 1921, No. 632, § 18 as added by Acts 1937, No. 287, § 1; Pope's Dig., § 2279; A.S.A. 1947, § 64-1518.

Nothing in this subchapter shall apply to or affect in any manner the so-called agricultural credit corporations or any other type of association organized under this chapter which does not receive deposits or forward checks, drafts, or orders for collection.

Acts 1921, No. 632, § 18 as added by Acts 1937, No. 287, § 1; Pope's Dig., § 2279; A.S.A. 1947, § 64-1518.
Ark. Code Ann. § 4-98-104 — AR Code / Title 4 / Chapter 98 / Section 4-98-104
Advertisement requirements
Status: in_force

Any information provider offering pay-per-call service shall utilize advertising that accurately describes the message content, terms, conditions, and price of the offered service in a clear and understandable manner in all print, broadcast, or telephone advertising and announcements promoting its offers, including: (1) The per-call charges, or, if the call is billed on a usage-sensitive basis, the rates by minute or other unit of time, any minimum charges, and the total cost for calls to that service if the duration of the service can be determined; (2) Any geographic, time-of-day, or other limitations on the availability of the offer; (3) A requirement that callers under eighteen (18) years of age must request parental or adult guardian permission before calling to hear the offer; (4) Display of the charges in broadcast advertising with the telephone numbers and a voice announcement of the charges during the course of the commercials; (5) Repeated voice announcements of these charges at regular intervals for commercials in excess of two (2) minutes; and (6) Charges for all subsequent calls if the program refers to and requires another pay per call. Acts 1993, No. 203, § 4.

Any information provider offering pay-per-call service shall utilize advertising that accurately describes the message content, terms, conditions, and price of the offered service in a clear and understandable manner in all print, broadcast, or telephone advertising and announcements promoting its offers, including:

(1) The per-call charges, or, if the call is billed on a usage-sensitive basis, the rates by minute or other unit of time, any minimum charges, and the total cost for calls to that service if the duration of the service can be determined;

(2) Any geographic, time-of-day, or other limitations on the availability of the offer;

(3) A requirement that callers under eighteen (18) years of age must request parental or adult guardian permission before calling to hear the offer;

(4) Display of the charges in broadcast advertising with the telephone numbers and a voice announcement of the charges during the course of the commercials;

(5) Repeated voice announcements of these charges at regular intervals for commercials in excess of two (2) minutes; and

(6) Charges for all subsequent calls if the program refers to and requires another pay per call.

Acts 1993, No. 203, § 4.
Ark. Code Ann. § 4-30-206 — AR Code / Title 4 / Chapter 30 / Subchapter 2 / Section 4-30-206
Noncomplying banks - Supervision by commissioner
Status: in_force

On failure of any cooperative bank organized under this chapter prior to March 22, 1937, to comply with the provisions of § 4-30-205 , it shall become the duty of the Bank Commissioner to take charge of the cooperative bank under the provisions of Acts 1931, No. 109, § 8 [repealed]. Acts 1921, No. 632, § 22 as added by Acts 1937, No. 287, § 1; Pope's Dig., § 2283; A.S.A. 1947, § 64-1522.

On failure of any cooperative bank organized under this chapter prior to March 22, 1937, to comply with the provisions of § 4-30-205 , it shall become the duty of the Bank Commissioner to take charge of the cooperative bank under the provisions of Acts 1931, No. 109, § 8 [repealed].

Acts 1921, No. 632, § 22 as added by Acts 1937, No. 287, § 1; Pope's Dig., § 2283; A.S.A. 1947, § 64-1522.
Ark. Code Ann. § 4-75-201 — AR Code / Title 4 / Chapter 75 / Subchapter 2 / Section 4-75-201
Title
Status: in_force

This subchapter shall be known and designated as the "Unfair Practices Act". Acts 1937, No. 253, § 14; A.S.A. 1947, § 70-314.

This subchapter shall be known and designated as the "Unfair Practices Act".

Acts 1937, No. 253, § 14; A.S.A. 1947, § 70-314.
Ark. Code Ann. § 4-89-103 — AR Code / Title 4 / Chapter 89 / Section 4-89-103
Contracts excepted from chapter
Status: in_force

The provisions of this chapter shall not apply to a contract which is executed in connection with the making of emergency repairs or services which are necessary for the immediate protection of persons or real or personal property, or to sales made by a seller who makes seventy-five percent (75%) or more of its sales at its local appropriate trade premises, or to sales made pursuant to credit arrangements existing at the time of the sale. Acts 1973, No. 462, § 8; A.S.A. 1947, § 70-921.

The provisions of this chapter shall not apply to a contract which is executed in connection with the making of emergency repairs or services which are necessary for the immediate protection of persons or real or personal property, or to sales made by a seller who makes seventy-five percent (75%) or more of its sales at its local appropriate trade premises, or to sales made pursuant to credit arrangements existing at the time of the sale.

Acts 1973, No. 462, § 8; A.S.A. 1947, § 70-921.
Ark. Code Ann. § 4-47-810 — AR Code / Title 4 / Chapter 47 / Subchapter 8 / Section 4-47-810
Reinstatement following administrative dissolution
Status: in_force

(a) A limited partnership that has been administratively dissolved may apply to the Secretary of State for reinstatement within two years after the effective date of dissolution. The application must be delivered to the Secretary of State for filing and state: (1) the name of the limited partnership and the effective date of its administrative dissolution; (2) that the grounds for dissolution either did not exist or have been eliminated; and (3) that the limited partnership's name satisfies the requirements of § 4-47-108 . (b) If the Secretary of State determines that an application contains the information required by subsection (a) and that the information is correct, the Secretary of State shall prepare a declaration of reinstatement that states this determination, sign, and file the original of the declaration of reinstatement, and serve the limited partnership with a copy. (c) When reinstatement becomes effective, it relates back to and takes effect as of the effective date of the administrative dissolution and the limited partnership may resume its activities as if the administrative dissolution had never occurred. Acts 2007, No. 15, § 1.

(a) A limited partnership that has been administratively dissolved may apply to the Secretary of State for reinstatement within two years after the effective date of dissolution. The application must be delivered to the Secretary of State for filing and state: (1) the name of the limited partnership and the effective date of its administrative dissolution; (2) that the grounds for dissolution either did not exist or have been eliminated; and (3) that the limited partnership's name satisfies the requirements of § 4-47-108 .

(1) the name of the limited partnership and the effective date of its administrative dissolution;

(2) that the grounds for dissolution either did not exist or have been eliminated; and

(3) that the limited partnership's name satisfies the requirements of § 4-47-108 .

(b) If the Secretary of State determines that an application contains the information required by subsection (a) and that the information is correct, the Secretary of State shall prepare a declaration of reinstatement that states this determination, sign, and file the original of the declaration of reinstatement, and serve the limited partnership with a copy.

(c) When reinstatement becomes effective, it relates back to and takes effect as of the effective date of the administrative dissolution and the limited partnership may resume its activities as if the administrative dissolution had never occurred.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-28-636 — AR Code / Title 4 / Chapter 28 / Subchapter 6 / Section 4-28-636
Effective date
Status: in_force

This subchapter takes effect January 1, 2012. Acts 2011, No. 202, § 2.

This subchapter takes effect January 1, 2012.

Acts 2011, No. 202, § 2.
Ark. Code Ann. § 4-29-209 — AR Code / Title 4 / Chapter 29 / Subchapter 2 / Section 4-29-209
Employees
Status: in_force

Each individual employee licensed pursuant to the laws of this state to engage in his or her profession who is employed by a corporation subject to this subchapter shall remain subject to reprimand or discipline for his or her conduct under the provisions of the laws or rules governing or applicable to his or her profession. Amended by Act 2019, No. 315,§ 112, eff. 7/24/2019. Acts 1963, No. 155, § 16; A.S.A. 1947, § 64-2016.

Each individual employee licensed pursuant to the laws of this state to engage in his or her profession who is employed by a corporation subject to this subchapter shall remain subject to reprimand or discipline for his or her conduct under the provisions of the laws or rules governing or applicable to his or her profession.

Amended by Act 2019, No. 315,§ 112, eff. 7/24/2019.

Acts 1963, No. 155, § 16; A.S.A. 1947, § 64-2016.
Ark. Code Ann. § 4-47-303 — AR Code / Title 4 / Chapter 47 / Subchapter 3 / Section 4-47-303
No liability as limited partner for limited partnership obligations
Status: in_force

An obligation of a limited partnership, whether arising in contract, tort, or otherwise, is not the obligation of a limited partner. A limited partner is not personally liable, directly or indirectly, by way of contribution or otherwise, for an obligation of the limited partnership solely by reason of being a limited partner, even if the limited partner participates in the management and control of the limited partnership. Acts 2007, No. 15, § 1.

An obligation of a limited partnership, whether arising in contract, tort, or otherwise, is not the obligation of a limited partner. A limited partner is not personally liable, directly or indirectly, by way of contribution or otherwise, for an obligation of the limited partnership solely by reason of being a limited partner, even if the limited partner participates in the management and control of the limited partnership.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-38-118 — AR Code / Title 4 / Chapter 38 / Subchapter 1 / Section 4-38-118
Change of name or address by a registered agent
Status: in_force

(a) If a noncommercial registered agent changes its name, its address as currently in effect with respect to a represented entity pursuant to § 4-20-105(a) , the agent shall file with the Secretary of State, with respect to each entity represented by the agent, a statement of change signed by or on behalf of the agent which states: (1) the name of the entity; (2) the name and address of the agent as currently in effect with respect to the entity; (3) if the name of the agent has changed, its new name; and (4) if the address of the agent has changed, its new address. (b) If a commercial registered agent changes its name, its address as currently listed under § 4-20-106(a) , or its type or jurisdiction of organization, the agent shall file with the Secretary of State a statement of change signed by or on behalf of the agent which states: (1) the name of the agent as currently listed under § 4-20-106(a) ; (2) if the name of the agent has changed, its new name; (3) if the address of the agent has changed, the new address; and (4) if the type or jurisdiction of organization of the agent has changed, the new type or jurisdiction of organization. (c) The filing of a statement of change under subsection (b) is effective to change the information regarding the commercial registered agent with respect to each entity represented by the agent. (d) A statement of change filed under this section takes effect on filing. (e) A commercial registered agent shall promptly furnish each entity represented by it with notice in a record of the filing of a statement of change relating to the name or address of the agent and the changes made by the filing. (f) If a commercial registered agent changes its address without filing a statement of change as required by this section, the Secretary of State may cancel the listing of the agent under § 4-20-106 . A cancellation under this subsection has the same effect as a termination under § 4-20-107 . Promptly after canceling the listing of an agent, the Secretary of State shall serve notice in a record in the manner provided in § 4-20-113(b) or (c) on: (1) each entity represented by the agent, stating that the agent has ceased to be an agent for service of process on the entity and that, until the entity appoints a new registered agent, service of process may be made on the entity as provided in § 4-20-113 ; and (2) the agent, stating that the listing of the agent has been cancelled under this section. (g) The Secretary of State shall note the filing of the commercial registered agent change statement in the index of filings maintained by the Secretary of State for each entity represented by the registered agent at the time of the filing. (h) A noncommercial registered agent shall promptly furnish the represented entity with notice in a record of the filing of a statement of change and the changes made by the filing. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

(a) If a noncommercial registered agent changes its name, its address as currently in effect with respect to a represented entity pursuant to § 4-20-105(a) , the agent shall file with the Secretary of State, with respect to each entity represented by the agent, a statement of change signed by or on behalf of the agent which states: (1) the name of the entity; (2) the name and address of the agent as currently in effect with respect to the entity; (3) if the name of the agent has changed, its new name; and (4) if the address of the agent has changed, its new address.

(1) the name of the entity;

(2) the name and address of the agent as currently in effect with respect to the entity;

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

(4) if the address of the agent has changed, its new address.

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

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

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

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

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

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

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

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

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

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

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

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

(h) A noncommercial registered agent shall promptly furnish the represented entity with notice in a record of the filing of a statement of change and the changes made by the filing.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-33-1105 — AR Code / Title 4 / Chapter 33 / Subchapter 11 / Section 4-33-1105
Effect of merger
Status: in_force

When a merger takes effect: (1) every other corporation party to the merger merges into the surviving corporation and the separate existence of every corporation except the surviving corporation ceases; (2) the title to all real estate and other property owned by each corporation party to the merger is vested in the surviving corporation without reversion or impairment subject to any and all conditions to which the property was subject prior to the merger; (3) the surviving corporation has all liabilities and obligations of each corporation party to the merger; (4) a proceeding pending against any corporation party to the merger may be continued as if the merger did not occur or the surviving corporation may be substituted in the proceeding for the corporation whose existence ceased; and (5) the articles of incorporation and bylaws of the surviving corporation are amended to the extent provided in the plan of merger. Acts 1993, No. 1147, § 1105.

When a merger takes effect:

(1) every other corporation party to the merger merges into the surviving corporation and the separate existence of every corporation except the surviving corporation ceases;

(2) the title to all real estate and other property owned by each corporation party to the merger is vested in the surviving corporation without reversion or impairment subject to any and all conditions to which the property was subject prior to the merger;

(3) the surviving corporation has all liabilities and obligations of each corporation party to the merger;

(4) a proceeding pending against any corporation party to the merger may be continued as if the merger did not occur or the surviving corporation may be substituted in the proceeding for the corporation whose existence ceased; and

(5) the articles of incorporation and bylaws of the surviving corporation are amended to the extent provided in the plan of merger.

Acts 1993, No. 1147, § 1105.
Ark. Code Ann. § 4-20-109 — AR Code / Title 4 / Chapter 20 / Section 4-20-109
Change of name or address by noncommercial registered agent
Status: in_force

(a) If a noncommercial registered agent changes its name, its address as currently in effect with respect to a represented entity pursuant to § 4-20-105(a) , the agent shall file with the Secretary of State, with respect to each entity represented by the agent, a statement of change signed by or on behalf of the agent which states: (1) the name of the entity; (2) the name and address of the agent as currently in effect with respect to the entity; (3) if the name of the agent has changed, its new name; and (4) if the address of the agent has changed, the new address. (b) A statement of change filed under this section takes effect on filing. (c) A noncommercial registered agent shall promptly furnish the represented entity with notice in a record of the filing of a statement of change and the changes made by the filing. Acts 2007, No. 638, § 1.

(a) If a noncommercial registered agent changes its name, its address as currently in effect with respect to a represented entity pursuant to § 4-20-105(a) , the agent shall file with the Secretary of State, with respect to each entity represented by the agent, a statement of change signed by or on behalf of the agent which states: (1) the name of the entity; (2) the name and address of the agent as currently in effect with respect to the entity; (3) if the name of the agent has changed, its new name; and (4) if the address of the agent has changed, the new address.

(1) the name of the entity;

(2) the name and address of the agent as currently in effect with respect to the entity;

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

(4) if the address of the agent has changed, the new address.

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

(c) A noncommercial registered agent shall promptly furnish the represented entity with notice in a record of the filing of a statement of change and the changes made by the filing.

Acts 2007, No. 638, § 1.
Ark. Code Ann. § 4-97-106 — AR Code / Title 4 / Chapter 97 / Section 4-97-106
Public health - Enforcement
Status: in_force

The State Board of Health may propose, adopt, promulgate, and enforce, in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., such additional rules and standards as may be necessary to carry out the intent of this chapter. Amended by Act 2019, No. 315,§ 138, eff. 7/24/2019. Acts 1991, No. 1225, § 6.

The State Board of Health may propose, adopt, promulgate, and enforce, in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., such additional rules and standards as may be necessary to carry out the intent of this chapter.

Amended by Act 2019, No. 315,§ 138, eff. 7/24/2019.

Acts 1991, No. 1225, § 6.
Ark. Code Ann. § 4-95-103 — AR Code / Title 4 / Chapter 95 / Section 4-95-103
Penalties - Criminal
Status: in_force

Any person who knowingly commits a practice defined as unlawful in this chapter shall be guilty of a Class B misdemeanor and upon conviction in the appropriate court of any county in this state in which any portion of the unlawful practice occurred shall be subject to punishment accordingly. If the amount in question solicited exceeds two hundred dollars ($200), the offense shall constitute a Class D felony. Acts 1991, No. 680, § 6; 1993, No. 139, § 3; 1995, No. 1296, § 1.

Any person who knowingly commits a practice defined as unlawful in this chapter shall be guilty of a Class B misdemeanor and upon conviction in the appropriate court of any county in this state in which any portion of the unlawful practice occurred shall be subject to punishment accordingly. If the amount in question solicited exceeds two hundred dollars ($200), the offense shall constitute a Class D felony.

Acts 1991, No. 680, § 6; 1993, No. 139, § 3; 1995, No. 1296, § 1.
Ark. Code Ann. § 4-26-1108 — AR Code / Title 4 / Chapter 26 / Subchapter 11 / Section 4-26-1108
Jurisdiction of court to liquidate assets and business of corporation
Status: in_force

(a) The circuit court shall have full power to liquidate the assets and business of a corporation: (1) In an action by a shareholder when it is established: (A) That the directors are deadlocked in the management of the corporate affairs, and the shareholders are unable to break the deadlock and that irreparable injury to the corporation is being suffered or is threatened by reason thereof; or (B) That the acts of the directors or those in control of the corporation are illegal, oppressive, or fraudulent; or (C) That the shareholders are deadlocked in voting power and that irreparable injury to the corporation is being suffered or is threatened by reason thereof; or (D) That the corporate assets are being misapplied or wasted. (2) In an action by a creditor: (A) When the claim of the creditor has been reduced to judgment and an execution thereon returned unsatisfied, and it is established that the corporation is insolvent; or (B) When the corporation has admitted in writing that the claim of the creditor is due and owing, and it is established that the corporation is insolvent. (3) When an action has been filed by the Attorney General to dissolve a corporation, and it is established that liquidation of its business and affairs should precede the entry of a decree of dissolution. (b) It shall not be necessary to make shareholders parties to any such action or proceeding unless relief is sought against them personally. (c) In such a liquidation proceeding, the court shall have all of the powers which are conferred upon the court under § 4-26-1106 , and if the proceeding be pending in the circuit court, the court shall have jurisdiction after liquidation has been completed to enter a decree dissolving the corporation. In this last event the dissolution will be certified to the Secretary of State and the county clerk as provided in § 4-26-1107 . (d) A proceeding under this section shall be filed in the county in which the principal place of business of the corporation is located or, if it has no principal place of business, in the county wherein its registered office is situated; otherwise, it shall be filed in Pulaski County. Acts 1965, No. 576, § 90; A.S.A. 1947, § 64-908.

(a) The circuit court shall have full power to liquidate the assets and business of a corporation: (1) In an action by a shareholder when it is established: (A) That the directors are deadlocked in the management of the corporate affairs, and the shareholders are unable to break the deadlock and that irreparable injury to the corporation is being suffered or is threatened by reason thereof; or (B) That the acts of the directors or those in control of the corporation are illegal, oppressive, or fraudulent; or (C) That the shareholders are deadlocked in voting power and that irreparable injury to the corporation is being suffered or is threatened by reason thereof; or (D) That the corporate assets are being misapplied or wasted. (2) In an action by a creditor: (A) When the claim of the creditor has been reduced to judgment and an execution thereon returned unsatisfied, and it is established that the corporation is insolvent; or (B) When the corporation has admitted in writing that the claim of the creditor is due and owing, and it is established that the corporation is insolvent. (3) When an action has been filed by the Attorney General to dissolve a corporation, and it is established that liquidation of its business and affairs should precede the entry of a decree of dissolution.

(1) In an action by a shareholder when it is established: (A) That the directors are deadlocked in the management of the corporate affairs, and the shareholders are unable to break the deadlock and that irreparable injury to the corporation is being suffered or is threatened by reason thereof; or (B) That the acts of the directors or those in control of the corporation are illegal, oppressive, or fraudulent; or (C) That the shareholders are deadlocked in voting power and that irreparable injury to the corporation is being suffered or is threatened by reason thereof; or (D) That the corporate assets are being misapplied or wasted.

(A) That the directors are deadlocked in the management of the corporate affairs, and the shareholders are unable to break the deadlock and that irreparable injury to the corporation is being suffered or is threatened by reason thereof; or

(B) That the acts of the directors or those in control of the corporation are illegal, oppressive, or fraudulent; or

(C) That the shareholders are deadlocked in voting power and that irreparable injury to the corporation is being suffered or is threatened by reason thereof; or

(D) That the corporate assets are being misapplied or wasted.

(2) In an action by a creditor: (A) When the claim of the creditor has been reduced to judgment and an execution thereon returned unsatisfied, and it is established that the corporation is insolvent; or (B) When the corporation has admitted in writing that the claim of the creditor is due and owing, and it is established that the corporation is insolvent.

(A) When the claim of the creditor has been reduced to judgment and an execution thereon returned unsatisfied, and it is established that the corporation is insolvent; or

(B) When the corporation has admitted in writing that the claim of the creditor is due and owing, and it is established that the corporation is insolvent.

(3) When an action has been filed by the Attorney General to dissolve a corporation, and it is established that liquidation of its business and affairs should precede the entry of a decree of dissolution.

(b) It shall not be necessary to make shareholders parties to any such action or proceeding unless relief is sought against them personally.

(c) In such a liquidation proceeding, the court shall have all of the powers which are conferred upon the court under § 4-26-1106 , and if the proceeding be pending in the circuit court, the court shall have jurisdiction after liquidation has been completed to enter a decree dissolving the corporation. In this last event the dissolution will be certified to the Secretary of State and the county clerk as provided in § 4-26-1107 .

(d) A proceeding under this section shall be filed in the county in which the principal place of business of the corporation is located or, if it has no principal place of business, in the county wherein its registered office is situated; otherwise, it shall be filed in Pulaski County.

Acts 1965, No. 576, § 90; A.S.A. 1947, § 64-908.
Ark. Code Ann. § 4-31-301 — AR Code / Title 4 / Chapter 31 / Subchapter 3 / Section 4-31-301
Intent
Status: in_force

The General Assembly has determined that Acts 1979, No. 118 [repealed], authorized foreign banks and trust companies to act as fiduciaries within this state if the state under which they were organized and have their principal office grants reciprocal authority to Arkansas banks and trust companies, and that such authority was inadvertently repealed by the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq. It is the intent of this section and §§ 4-31-302 and 4-31-303 to reestablish that reciprocal authority and to ratify any transactions that have occurred since the enactment of the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq., and which would have been valid under Acts 1979, No. 118 [repealed]. Acts 1991, No. 402, § 1.

The General Assembly has determined that Acts 1979, No. 118 [repealed], authorized foreign banks and trust companies to act as fiduciaries within this state if the state under which they were organized and have their principal office grants reciprocal authority to Arkansas banks and trust companies, and that such authority was inadvertently repealed by the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq. It is the intent of this section and §§ 4-31-302 and 4-31-303 to reestablish that reciprocal authority and to ratify any transactions that have occurred since the enactment of the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq., and which would have been valid under Acts 1979, No. 118 [repealed].

Acts 1991, No. 402, § 1.
Ark. Code Ann. § 4-71-211 — AR Code / Title 4 / Chapter 71 / Subchapter 2 / Section 4-71-211
Fraudulent registration
Status: in_force

Any person who shall for himself or herself, or on behalf of any other person, procure the filing or registration of any mark in the office of the Secretary of State under the provisions of this subchapter by knowingly making any false or fraudulent representation or declaration orally or in writing or by any other fraudulent means shall be liable to pay all damages sustained in consequence of such filing or registration to be recovered by or on behalf of the party injured thereby in any court of competent jurisdiction. Acts 1997, No. 1109, § 11.

Any person who shall for himself or herself, or on behalf of any other person, procure the filing or registration of any mark in the office of the Secretary of State under the provisions of this subchapter by knowingly making any false or fraudulent representation or declaration orally or in writing or by any other fraudulent means shall be liable to pay all damages sustained in consequence of such filing or registration to be recovered by or on behalf of the party injured thereby in any court of competent jurisdiction.

Acts 1997, No. 1109, § 11.
Ark. Code Ann. § 4-38-110 — AR Code / Title 4 / Chapter 38 / Subchapter 1 / Section 4-38-110
Application to existing relationships
Status: in_force

(a) This chapter governs: (1) a limited liability company formed or registered to do business on or after September 1, 2021; and (2) a limited liability company formed or registered to do business before September 1, 2021, by operation of law. (b) Except as otherwise provided in subsection (c), on and after September 1, 2021, this chapter governs all limited liability companies. (c) For purposes of applying this chapter to a limited liability company formed or registered to do business before September 1, 2021: (1) the company's articles of organization are deemed to be the company's certificate of organization; and (2) for purposes of applying § 4-38-102(10) and subject to § 4-38-107(d) , language in the company's articles of organization designating the company's management structure operates as if that language were in the operating agreement. Amended by Act 2021EX2, No. 12,§ 2, eff. 12/9/2021. Amended by Act 2021EX2, No. 7,§ 2, eff. 12/9/2021. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

(a) This chapter governs: (1) a limited liability company formed or registered to do business on or after September 1, 2021; and (2) a limited liability company formed or registered to do business before September 1, 2021, by operation of law.

(1) a limited liability company formed or registered to do business on or after September 1, 2021; and

(2) a limited liability company formed or registered to do business before September 1, 2021, by operation of law.

(b) Except as otherwise provided in subsection (c), on and after September 1, 2021, this chapter governs all limited liability companies.

(c) For purposes of applying this chapter to a limited liability company formed or registered to do business before September 1, 2021: (1) the company's articles of organization are deemed to be the company's certificate of organization; and (2) for purposes of applying § 4-38-102(10) and subject to § 4-38-107(d) , language in the company's articles of organization designating the company's management structure operates as if that language were in the operating agreement.

(1) the company's articles of organization are deemed to be the company's certificate of organization; and

(2) for purposes of applying § 4-38-102(10) and subject to § 4-38-107(d) , language in the company's articles of organization designating the company's management structure operates as if that language were in the operating agreement.

Amended by Act 2021EX2, No. 12,§ 2, eff. 12/9/2021.

Amended by Act 2021EX2, No. 7,§ 2, eff. 12/9/2021.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-86-104 — AR Code / Title 4 / Chapter 86 / Section 4-86-104
Interest on deposits for freight and parcel delivery services
Status: in_force

(a) Whenever any person, company, or corporation furnishing customers with freight or parcel delivery service shall require a deposit from the customer before the delivery service will be supplied to him or her, the person putting up the deposit shall receive interest annually on the deposit until it is returned to the customer, provided all bills due for services furnished have been paid by the customer. (b) The annual rate of interest shall be ten percent (10%) per year and shall be paid on or before December 31 of each year. Acts 1991, No. 422, §§ 1, 2.

(a) Whenever any person, company, or corporation furnishing customers with freight or parcel delivery service shall require a deposit from the customer before the delivery service will be supplied to him or her, the person putting up the deposit shall receive interest annually on the deposit until it is returned to the customer, provided all bills due for services furnished have been paid by the customer.

(b) The annual rate of interest shall be ten percent (10%) per year and shall be paid on or before December 31 of each year.

Acts 1991, No. 422, §§ 1, 2.
Ark. Code Ann. § 4-76-107 — AR Code / Title 4 / Chapter 76 / Section 4-76-107
Civil remedies - Injunction
Status: in_force

Any person who suffers a violation of this chapter may bring an action to recover actual damages and reasonable attorney's fees and seek an injunction or any other remedy available at law or in equity. Acts 1997, No. 648, § 7.

Any person who suffers a violation of this chapter may bring an action to recover actual damages and reasonable attorney's fees and seek an injunction or any other remedy available at law or in equity.

Acts 1997, No. 648, § 7.