Ark. Code Ann. § 4-28-101 — AR Code / Title 4 / Chapter 28 / Subchapter 1 / Section 4-28-101
Fairs and associations of public nature
Status: in_force

(a) Agricultural and mechanical fair associations and other associations of a public nature and designed to promote the public good may be constituted bodies politic and corporate in the manner provided by law for business corporations, and the capital stock may be divided and held in shares of two dollars ($2.00) each. (b) No profits or dividends shall ever be declared or paid under this section; however, dividends may be paid to the amount of money paid in by the stockholders on their respective shares. (c) This section shall not be construed to prohibit the associations from being chartered and incorporated with the powers and privileges and in the manner provided by law. Acts 1875 (Adj. Sess.), No. 77, §§ 1-3, p. 152; C. & M. Dig., §§ 1796, 1797; Pope's Dig., §§ 2260, 2261; A.S.A. 1947, §§ 64-1309 -- 64-1311.

(a) Agricultural and mechanical fair associations and other associations of a public nature and designed to promote the public good may be constituted bodies politic and corporate in the manner provided by law for business corporations, and the capital stock may be divided and held in shares of two dollars ($2.00) each.

(b) No profits or dividends shall ever be declared or paid under this section; however, dividends may be paid to the amount of money paid in by the stockholders on their respective shares.

(c) This section shall not be construed to prohibit the associations from being chartered and incorporated with the powers and privileges and in the manner provided by law.

Acts 1875 (Adj. Sess.), No. 77, §§ 1-3, p. 152; C. & M. Dig., §§ 1796, 1797; Pope's Dig., §§ 2260, 2261; A.S.A. 1947, §§ 64-1309 -- 64-1311.
Ark. Code Ann. § 4-28-629 — AR Code / Title 4 / Chapter 28 / Subchapter 6 / Section 4-28-629
Winding up and termination
Status: in_force

Winding up and termination of an unincorporated nonprofit association must proceed in accordance with the following rules: (1) All known debts and liabilities must be paid or adequately provided for. (2) Any property subject to a condition requiring return to the person designated by the donor must be transferred to that person. (3) Any property subject to a trust must be distributed in accordance with the trust agreement. (4) Any remaining property must be distributed as follows: (A) as required by law other than this subchapter that requires assets of an association to be distributed to another person with similar nonprofit purposes; (B) in accordance with the association's governing principles or in the absence of applicable governing principles, to the members of the association per capita or as the members direct; or (C) if neither subparagraph (A) nor (B) applies, under the Unclaimed Property Act, § 18-28-201 et seq. Acts 2011, No. 202, § 2.

Winding up and termination of an unincorporated nonprofit association must proceed in accordance with the following rules:

(1) All known debts and liabilities must be paid or adequately provided for.

(2) Any property subject to a condition requiring return to the person designated by the donor must be transferred to that person.

(3) Any property subject to a trust must be distributed in accordance with the trust agreement.

(4) Any remaining property must be distributed as follows: (A) as required by law other than this subchapter that requires assets of an association to be distributed to another person with similar nonprofit purposes; (B) in accordance with the association's governing principles or in the absence of applicable governing principles, to the members of the association per capita or as the members direct; or (C) if neither subparagraph (A) nor (B) applies, under the Unclaimed Property Act, § 18-28-201 et seq.

(A) as required by law other than this subchapter that requires assets of an association to be distributed to another person with similar nonprofit purposes;

(B) in accordance with the association's governing principles or in the absence of applicable governing principles, to the members of the association per capita or as the members direct; or

(C) if neither subparagraph (A) nor (B) applies, under the Unclaimed Property Act, § 18-28-201 et seq.

Acts 2011, No. 202, § 2.
Ark. Code Ann. § 4-96-308 — AR Code / Title 4 / Chapter 96 / Subchapter 3 / Section 4-96-308
Action - Limitations
Status: in_force

(a) A legal action brought under this subchapter shall commence within two (2) years following the date a buyer first reports the nonconformity to a manufacturer, an agent of a manufacturer, a distributor, or an authorized dealer. (b) (1) Before filing a legal action in court concerning the enforcement of the rights and remedies available to the consumer under this subchapter, the consumer and the manufacturer, distributor, or authorized dealer shall, in good faith, attempt to resolve all issues and claims in dispute through the use of an impartial, third-party mediator certified by the Arkansas Alternative Dispute Resolution Commission, if the seller has provided the required disclosures under § 4-96-303 . (2) The consumer and the manufacturer shall equally bear all costs and expenses of mediation, unless agreed otherwise. (3) However, if the seller has not provided the required disclosure under § 4-96-303 , the consumer is not required to utilize mediation before commencement of any legal action to enforce the consumer's rights under this subchapter. Added by Act 2019, No. 588,§ 1, eff. 7/24/2019.

(a) A legal action brought under this subchapter shall commence within two (2) years following the date a buyer first reports the nonconformity to a manufacturer, an agent of a manufacturer, a distributor, or an authorized dealer.

(b) (1) Before filing a legal action in court concerning the enforcement of the rights and remedies available to the consumer under this subchapter, the consumer and the manufacturer, distributor, or authorized dealer shall, in good faith, attempt to resolve all issues and claims in dispute through the use of an impartial, third-party mediator certified by the Arkansas Alternative Dispute Resolution Commission, if the seller has provided the required disclosures under § 4-96-303 . (2) The consumer and the manufacturer shall equally bear all costs and expenses of mediation, unless agreed otherwise. (3) However, if the seller has not provided the required disclosure under § 4-96-303 , the consumer is not required to utilize mediation before commencement of any legal action to enforce the consumer's rights under this subchapter.

(1) Before filing a legal action in court concerning the enforcement of the rights and remedies available to the consumer under this subchapter, the consumer and the manufacturer, distributor, or authorized dealer shall, in good faith, attempt to resolve all issues and claims in dispute through the use of an impartial, third-party mediator certified by the Arkansas Alternative Dispute Resolution Commission, if the seller has provided the required disclosures under § 4-96-303 .

(2) The consumer and the manufacturer shall equally bear all costs and expenses of mediation, unless agreed otherwise.

(3) However, if the seller has not provided the required disclosure under § 4-96-303 , the consumer is not required to utilize mediation before commencement of any legal action to enforce the consumer's rights under this subchapter.

Added by Act 2019, No. 588,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 4-95-108 — AR Code / Title 4 / Chapter 95 / Section 4-95-108
Violation of subchapter renders agreement void - Waiver
Status: in_force

(a) Any agreement for sale, lease, or rent of a consumer product by a product promoter in violation of this chapter is void and unenforceable. (b) Any waiver or attempt to waive any of the provisions of this chapter shall be void and unenforceable. Acts 1991, No. 680, § 8.

(a) Any agreement for sale, lease, or rent of a consumer product by a product promoter in violation of this chapter is void and unenforceable.

(b) Any waiver or attempt to waive any of the provisions of this chapter shall be void and unenforceable.

Acts 1991, No. 680, § 8.
Ark. Code Ann. § 4-75-905 — AR Code / Title 4 / Chapter 75 / Subchapter 9 / Section 4-75-905
Trade screening - Blind bidding prohibited
Status: in_force

(a) (1) Blind bidding is prohibited within the state. (2) No bids shall be returnable, no negotiations for the exhibition or licensing of a motion picture shall take place, and no license agreement or any of its terms shall be agreed to, for the exhibition of any motion picture within the state before the motion picture has been trade screened within the state or at the nearest film exchange. (b) A distributor shall include in each invitation to bid for a motion picture for exhibition within the state, if the motion picture has not already been trade screened within the state or at the nearest film exchange, the date, time, and place of the trade screening of the motion picture within the state or at the nearest film exchange. (c) A distributor shall provide reasonable and uniform notice to exhibitors within the state of all trade screenings within the state or at the nearest film exchange of motion pictures he or she is distributing. (d) Any purported waiver of the requirements of this section shall be void and unenforceable. Acts 1981, No. 606, § 3; A.S.A. 1947, § 70-1103.

(a) (1) Blind bidding is prohibited within the state. (2) No bids shall be returnable, no negotiations for the exhibition or licensing of a motion picture shall take place, and no license agreement or any of its terms shall be agreed to, for the exhibition of any motion picture within the state before the motion picture has been trade screened within the state or at the nearest film exchange.

(1) Blind bidding is prohibited within the state.

(2) No bids shall be returnable, no negotiations for the exhibition or licensing of a motion picture shall take place, and no license agreement or any of its terms shall be agreed to, for the exhibition of any motion picture within the state before the motion picture has been trade screened within the state or at the nearest film exchange.

(b) A distributor shall include in each invitation to bid for a motion picture for exhibition within the state, if the motion picture has not already been trade screened within the state or at the nearest film exchange, the date, time, and place of the trade screening of the motion picture within the state or at the nearest film exchange.

(c) A distributor shall provide reasonable and uniform notice to exhibitors within the state of all trade screenings within the state or at the nearest film exchange of motion pictures he or she is distributing.

(d) Any purported waiver of the requirements of this section shall be void and unenforceable.

Acts 1981, No. 606, § 3; A.S.A. 1947, § 70-1103.
Ark. Code Ann. § 4-38-906 — AR Code / Title 4 / Chapter 38 / Subchapter 9 / Section 4-38-906
Noncomplying name of foreign limited liability company
Status: in_force

(a) A foreign limited liability company whose name does not comply with § 4-38-112 may not register to do business in this state until it adopts, for the purpose of doing business in this state, an alternate name that complies with § 4-38-112 . A company that registers under an alternate name under this subsection need not comply with § 4-26-405 , § 4-27-404 , or § 4-42-707 . After registering to do business in this state with an alternate name, a company shall do business in this state under: (1) the alternate name; (2) the company's name, with the addition of its jurisdiction of formation; or (3) a name the company is authorized to use under § 4-26-405 , § 4-27-404 , or § 4-42-707 . (b) If a registered foreign limited liability company changes its name to one that does not comply with § 4-38-112 , it may not do business in this state until it complies with subsection (a) by amending its registration to adopt an alternate name that complies with § 4-38-112 . Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

(a) A foreign limited liability company whose name does not comply with § 4-38-112 may not register to do business in this state until it adopts, for the purpose of doing business in this state, an alternate name that complies with § 4-38-112 . A company that registers under an alternate name under this subsection need not comply with § 4-26-405 , § 4-27-404 , or § 4-42-707 . After registering to do business in this state with an alternate name, a company shall do business in this state under: (1) the alternate name; (2) the company's name, with the addition of its jurisdiction of formation; or (3) a name the company is authorized to use under § 4-26-405 , § 4-27-404 , or § 4-42-707 .

(1) the alternate name;

(2) the company's name, with the addition of its jurisdiction of formation; or

(3) a name the company is authorized to use under § 4-26-405 , § 4-27-404 , or § 4-42-707 .

(b) If a registered foreign limited liability company changes its name to one that does not comply with § 4-38-112 , it may not do business in this state until it complies with subsection (a) by amending its registration to adopt an alternate name that complies with § 4-38-112 .

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-29-405 — AR Code / Title 4 / Chapter 29 / Subchapter 4 / Section 4-29-405
Corporate name
Status: in_force

(a) The corporate name shall contain the names of one (1) or more of the shareholders. However, the name of a person who is not employed by the corporation shall not be included in the corporate name, except that the name of a deceased shareholder may continue to be included in the corporate name for one (1) year following the decease of the shareholder. (b) A corporation organized under this subchapter need not include in its name the reference to corporation, incorporation, company, or the abbreviations "Co." or "Inc." as is now required of business corporations. Acts 1961, No. 471, § 4; A.S.A. 1947, § 64-1804.

(a) The corporate name shall contain the names of one (1) or more of the shareholders. However, the name of a person who is not employed by the corporation shall not be included in the corporate name, except that the name of a deceased shareholder may continue to be included in the corporate name for one (1) year following the decease of the shareholder.

(b) A corporation organized under this subchapter need not include in its name the reference to corporation, incorporation, company, or the abbreviations "Co." or "Inc." as is now required of business corporations.

Acts 1961, No. 471, § 4; A.S.A. 1947, § 64-1804.
Ark. Code Ann. § 4-25-110 — AR Code / Title 4 / Chapter 25 / Section 4-25-110
Fee waiver for certain individuals
Status: in_force

(a) Notwithstanding any law to the contrary, the initial filing fees, permit fees, and licensing fees associated with the formation of a business in this state shall be waived for applicants who meet the requirements in the Workforce Expansion Act of 2021, § 17-5-101 et seq. (b) Appropriate state entities shall: (1) Publish notice of the fee waiver on: (A) The website maintained by the appropriate state entity; and (B) Any relevant forms that an applicant is required to complete; and (2) Promulgate any necessary rules to implement this section. Added by Act 2021, No. 725,§ 1, eff. 1/1/2022.

(a) Notwithstanding any law to the contrary, the initial filing fees, permit fees, and licensing fees associated with the formation of a business in this state shall be waived for applicants who meet the requirements in the Workforce Expansion Act of 2021, § 17-5-101 et seq.

(b) Appropriate state entities shall: (1) Publish notice of the fee waiver on: (A) The website maintained by the appropriate state entity; and (B) Any relevant forms that an applicant is required to complete; and (2) Promulgate any necessary rules to implement this section.

(1) Publish notice of the fee waiver on: (A) The website maintained by the appropriate state entity; and (B) Any relevant forms that an applicant is required to complete; and

(A) The website maintained by the appropriate state entity; and

(B) Any relevant forms that an applicant is required to complete; and

(2) Promulgate any necessary rules to implement this section.

Added by Act 2021, No. 725,§ 1, eff. 1/1/2022.
Ark. Code Ann. § 4-59-406 — AR Code / Title 4 / Chapter 59 / Subchapter 4 / Section 4-59-406
Negotiation of receipt by depositor of encumbered or another's goods without disclosing facts
Status: in_force

Any person who deposits goods to which he or she has no title or upon which there is a lien or mortgage, and who takes for the goods a negotiable receipt which he or she afterward negotiates for value with intent to deceive and without disclosing his or her want of title or the existence of the lien or mortgage, shall be guilty of a Class A misdemeanor. Acts 1915, No. 273, § 55; C. & M. Dig., § 10399; Pope's Dig., § 14467; A.S.A. 1947, § 68-1255; Acts 2005, No. 1994, § 217.

Any person who deposits goods to which he or she has no title or upon which there is a lien or mortgage, and who takes for the goods a negotiable receipt which he or she afterward negotiates for value with intent to deceive and without disclosing his or her want of title or the existence of the lien or mortgage, shall be guilty of a Class A misdemeanor.

Acts 1915, No. 273, § 55; C. & M. Dig., § 10399; Pope's Dig., § 14467; A.S.A. 1947, § 68-1255; Acts 2005, No. 1994, § 217.
Ark. Code Ann. § 4-38-705 — AR Code / Title 4 / Chapter 38 / Subchapter 7 / Section 4-38-705
Other claims against dissolved limited liability company
Status: in_force

(a) A dissolved limited liability company may publish notice of its dissolution and request persons having claims against the company to present them in accordance with the notice. (b) A notice under subsection (a) must: (1) be published at least once in a newspaper of general circulation in the county in this state in which the dissolved limited liability company's principal office is located or, if the principal office is not located in this state, in the county in which the office of the company's registered agent is or was last located; (2) describe the information required to be contained in a claim, state that the claim must be in writing, and provide a mailing address to which the claim is to be sent; and (3) state that a claim against the company is barred unless an action to enforce the claim is commenced not later than three years after publication of the notice. (c) If a dissolved limited liability company publishes a notice in accordance with subsection (b), the claim of each of the following claimants is barred unless the claimant commences an action to enforce the claim against the company not later than three years after the publication date of the notice: (1) a claimant that did not receive notice in a record under § 4-38-704 ; (2) a claimant whose claim was timely sent to the company but not acted on; and (3) a claimant whose claim is contingent at, or based on an event occurring after, the date of dissolution. (d) A claim not barred under this section or § 4-38-704 may be enforced: (1) against a dissolved limited liability company, to the extent of its undistributed assets; and (2) except as otherwise provided in § 4-38-706 , if assets of the company have been distributed after dissolution, against a member or transferee to the extent of that person's proportionate share of the claim or of the company's assets distributed to the member or transferee after dissolution, whichever is less, but a person's total liability for all claims under this paragraph may not exceed the total amount of assets distributed to the person after dissolution. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

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

(b) A notice under subsection (a) must: (1) be published at least once in a newspaper of general circulation in the county in this state in which the dissolved limited liability company's principal office is located or, if the principal office is not located in this state, in the county in which the office of the company's registered agent is or was last located; (2) describe the information required to be contained in a claim, state that the claim must be in writing, and provide a mailing address to which the claim is to be sent; and (3) state that a claim against the company is barred unless an action to enforce the claim is commenced not later than three years after publication of the notice.

(1) be published at least once in a newspaper of general circulation in the county in this state in which the dissolved limited liability company's principal office is located or, if the principal office is not located in this state, in the county in which the office of the company's registered agent is or was last located;

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

(3) state that a claim against the company is barred unless an action to enforce the claim is commenced not later than three years after publication of the notice.

(c) If a dissolved limited liability company publishes a notice in accordance with subsection (b), the claim of each of the following claimants is barred unless the claimant commences an action to enforce the claim against the company not later than three years after the publication date of the notice: (1) a claimant that did not receive notice in a record under § 4-38-704 ; (2) a claimant whose claim was timely sent to the company but not acted on; and (3) a claimant whose claim is contingent at, or based on an event occurring after, the date of dissolution.

(1) a claimant that did not receive notice in a record under § 4-38-704 ;

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

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

(d) A claim not barred under this section or § 4-38-704 may be enforced: (1) against a dissolved limited liability company, to the extent of its undistributed assets; and (2) except as otherwise provided in § 4-38-706 , if assets of the company have been distributed after dissolution, against a member or transferee to the extent of that person's proportionate share of the claim or of the company's assets distributed to the member or transferee after dissolution, whichever is less, but a person's total liability for all claims under this paragraph may not exceed the total amount of assets distributed to the person after dissolution.

(1) against a dissolved limited liability company, to the extent of its undistributed assets; and

(2) except as otherwise provided in § 4-38-706 , if assets of the company have been distributed after dissolution, against a member or transferee to the extent of that person's proportionate share of the claim or of the company's assets distributed to the member or transferee after dissolution, whichever is less, but a person's total liability for all claims under this paragraph may not exceed the total amount of assets distributed to the person after dissolution.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-28-309 — AR Code / Title 4 / Chapter 28 / Subchapter 3 / Section 4-28-309
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 1983, No. 614, § 8; A.S.A. 1947, § 64-1932.

(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 1983, No. 614, § 8; A.S.A. 1947, § 64-1932.
Ark. Code Ann. § 4-36-305 — AR Code / Title 4 / Chapter 36 / Subchapter 3 / Section 4-36-305
Right of action
Status: in_force

(a) Except in a benefit enforcement proceeding, a person may not bring an action or assert a claim against a benefit corporation or its directors or officers with respect to: (1) Failure to pursue or create a general public benefit or a specific public benefit stated in its articles of incorporation; or (2) Violation of a duty or standard of conduct under this chapter. (b) A benefit corporation shall not be liable for monetary damages under this chapter for the failure of the benefit corporation to pursue a general public benefit or a specific public benefit. (c) A benefit enforcement proceeding may begin and be maintained only: (1) Directly by the benefit corporation; or (2) Derivatively by: (A) A shareholder; (B) A director; (C) A person or group of persons that owns beneficially or of record five percent (5%) or more of the equity interest in an entity of which the benefit corporation is a subsidiary at the time of the action or inaction complained of; or (D) Other persons as named in the articles of incorporation or bylaws of the benefit corporation. Added by Act 2013, No. 1388,§ 1, eff. 8/16/2013.

(a) Except in a benefit enforcement proceeding, a person may not bring an action or assert a claim against a benefit corporation or its directors or officers with respect to: (1) Failure to pursue or create a general public benefit or a specific public benefit stated in its articles of incorporation; or (2) Violation of a duty or standard of conduct under this chapter.

(1) Failure to pursue or create a general public benefit or a specific public benefit stated in its articles of incorporation; or

(2) Violation of a duty or standard of conduct under this chapter.

(b) A benefit corporation shall not be liable for monetary damages under this chapter for the failure of the benefit corporation to pursue a general public benefit or a specific public benefit.

(c) A benefit enforcement proceeding may begin and be maintained only: (1) Directly by the benefit corporation; or (2) Derivatively by: (A) A shareholder; (B) A director; (C) A person or group of persons that owns beneficially or of record five percent (5%) or more of the equity interest in an entity of which the benefit corporation is a subsidiary at the time of the action or inaction complained of; or (D) Other persons as named in the articles of incorporation or bylaws of the benefit corporation.

(1) Directly by the benefit corporation; or

(2) Derivatively by: (A) A shareholder; (B) A director; (C) A person or group of persons that owns beneficially or of record five percent (5%) or more of the equity interest in an entity of which the benefit corporation is a subsidiary at the time of the action or inaction complained of; or (D) Other persons as named in the articles of incorporation or bylaws of the benefit corporation.

(A) A shareholder;

(B) A director;

(C) A person or group of persons that owns beneficially or of record five percent (5%) or more of the equity interest in an entity of which the benefit corporation is a subsidiary at the time of the action or inaction complained of; or

(D) Other persons as named in the articles of incorporation or bylaws of the benefit corporation.

Added by Act 2013, No. 1388,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 4-28-617 — AR Code / Title 4 / Chapter 28 / Subchapter 6 / Section 4-28-617
Meetings of members; Voting, notice, and quorum requirements
Status: in_force

(a) Unless the governing principles provide otherwise: (1) approval of a matter by members requires an affirmative majority of the votes cast at a meeting of members; and (2) each member is entitled to one vote on each matter that is submitted for approval by members. (b) Notice and quorum requirements for member meetings and the conduct of meetings of members are determined by the governing principles. Acts 2011, No. 202, § 2.

(a) Unless the governing principles provide otherwise: (1) approval of a matter by members requires an affirmative majority of the votes cast at a meeting of members; and (2) each member is entitled to one vote on each matter that is submitted for approval by members.

(1) approval of a matter by members requires an affirmative majority of the votes cast at a meeting of members; and

(2) each member is entitled to one vote on each matter that is submitted for approval by members.

(b) Notice and quorum requirements for member meetings and the conduct of meetings of members are determined by the governing principles.

Acts 2011, No. 202, § 2.
Ark. Code Ann. § 4-75-803 — AR Code / Title 4 / Chapter 75 / Subchapter 8 / Section 4-75-803
Institutions excepted from application of subchapter
Status: in_force

Sections 4-75-801 - 4-75-806 , 4-75-808 , and 4-75-809 shall not apply to federal government institutions, state tax-supported charitable or penal institutions, or church-supported orphanages. Acts 1955, No. 380, § 7; A.S.A. 1947, § 70-707.

Sections 4-75-801 - 4-75-806 , 4-75-808 , and 4-75-809 shall not apply to federal government institutions, state tax-supported charitable or penal institutions, or church-supported orphanages.

Acts 1955, No. 380, § 7; A.S.A. 1947, § 70-707.
Ark. Code Ann. § 4-58-101 — AR Code / Title 4 / Chapter 58 / Section 4-58-101
Remedies unaltered by chapter
Status: in_force

Nothing contained in this chapter shall change the nature of the defense or prevent the allowance of discounts or offsets, either in law or equity, that any defendant may have against the original assignor previous to the assignment or against the plaintiff or assignee after the assignment. Rev. Stat., ch. 11, § 3; C. & M. Dig., § 477; Pope's Dig., § 514; A.S.A. 1947, § 68-803.

Nothing contained in this chapter shall change the nature of the defense or prevent the allowance of discounts or offsets, either in law or equity, that any defendant may have against the original assignor previous to the assignment or against the plaintiff or assignee after the assignment.

Rev. Stat., ch. 11, § 3; C. & M. Dig., § 477; Pope's Dig., § 514; A.S.A. 1947, § 68-803.
Ark. Code Ann. § 4-87-104 — AR Code / Title 4 / Chapter 87 / Section 4-87-104
Discrimination based on sex or marital status unlawful
Status: in_force

It shall be unlawful for any creditor or credit card issuer to discriminate between equally qualified individuals solely on the basis of sex or marital status with respect to the approval or denial of terms of credit in connection with any consumer credit sale whether or not under an open-end credit plan, consumer loan, or any other extension of consumer credit, or with respect to the issuance, renewal, denial, or terms of any credit card. Acts 1975, No. 566, § 2; A.S.A. 1947, § 70-926.

It shall be unlawful for any creditor or credit card issuer to discriminate between equally qualified individuals solely on the basis of sex or marital status with respect to the approval or denial of terms of credit in connection with any consumer credit sale whether or not under an open-end credit plan, consumer loan, or any other extension of consumer credit, or with respect to the issuance, renewal, denial, or terms of any credit card.

Acts 1975, No. 566, § 2; A.S.A. 1947, § 70-926.
Ark. Code Ann. § 4-110-102 — AR Code / Title 4 / Chapter 110 / Section 4-110-102
Findings and purpose
Status: in_force

(a) It is the intent of the General Assembly to ensure that sensitive personal information about Arkansas residents is protected. (b) To that end, the purpose of this chapter is to encourage individuals, businesses, and state agencies that acquire, own, or license personal information about the citizens of the State of Arkansas to provide reasonable security for the information. Acts 2005, No. 1526, § 1.

(a) It is the intent of the General Assembly to ensure that sensitive personal information about Arkansas residents is protected.

(b) To that end, the purpose of this chapter is to encourage individuals, businesses, and state agencies that acquire, own, or license personal information about the citizens of the State of Arkansas to provide reasonable security for the information.

Acts 2005, No. 1526, § 1.
Ark. Code Ann. § 4-33-403 — AR Code / Title 4 / Chapter 33 / Subchapter 4 / Section 4-33-403
Registered name
Status: in_force

(a) A foreign corporation may register its corporate name, or its corporate name with any change required by § 4-33-1506 , if the name is distinguishable upon the records of the Secretary of State from: (1) the corporate name of a nonprofit or business corporation incorporated or authorized to do business in this state; and (2) a corporate name reserved under § 4-33-402 or § 4-26-402 or § 4-27-402 or registered under this section. (b) A foreign corporation registers its corporate name, or its corporate name with any change required by § 4-33-1506 by delivering to the Secretary of State an application: (1) setting forth its corporate name, or its corporate name with any change required by § 4-33-1506 , the state or country and date of its incorporation, and a brief description of the nature of the activities in which it is engaged; and (2) accompanied by a certificate of existence (or a document of similar import) from the state or country of incorporation. (c) The name is registered for the applicant's exclusive use upon the effective date of the application. (d) A foreign corporation whose registration is effective may renew it for successive years by delivering to the Secretary of State for filing a renewal application, which complies with the requirements of subsection (b) of this section, between October 1 and December 31 of the preceding year. The renewal application renews the registration for the following calendar year. (e) A foreign corporation whose registration is effective may thereafter qualify as a foreign corporation under that name or consent in writing to the use of that name by a corporation thereafter incorporated under this chapter or by another foreign corporation thereafter authorized to transact business in this state. The registration terminates when the domestic corporation is incorporated or the foreign corporation qualifies or consents to the qualification of another foreign corporation under the registered name. Acts 1993, No. 1147, § 403.

(a) A foreign corporation may register its corporate name, or its corporate name with any change required by § 4-33-1506 , if the name is distinguishable upon the records of the Secretary of State from: (1) the corporate name of a nonprofit or business corporation incorporated or authorized to do business in this state; and (2) a corporate name reserved under § 4-33-402 or § 4-26-402 or § 4-27-402 or registered under this section.

(1) the corporate name of a nonprofit or business corporation incorporated or authorized to do business in this state; and

(2) a corporate name reserved under § 4-33-402 or § 4-26-402 or § 4-27-402 or registered under this section.

(b) A foreign corporation registers its corporate name, or its corporate name with any change required by § 4-33-1506 by delivering to the Secretary of State an application: (1) setting forth its corporate name, or its corporate name with any change required by § 4-33-1506 , the state or country and date of its incorporation, and a brief description of the nature of the activities in which it is engaged; and (2) accompanied by a certificate of existence (or a document of similar import) from the state or country of incorporation.

(1) setting forth its corporate name, or its corporate name with any change required by § 4-33-1506 , the state or country and date of its incorporation, and a brief description of the nature of the activities in which it is engaged; and

(2) accompanied by a certificate of existence (or a document of similar import) from the state or country of incorporation.

(c) The name is registered for the applicant's exclusive use upon the effective date of the application.

(d) A foreign corporation whose registration is effective may renew it for successive years by delivering to the Secretary of State for filing a renewal application, which complies with the requirements of subsection (b) of this section, between October 1 and December 31 of the preceding year. The renewal application renews the registration for the following calendar year.

(e) A foreign corporation whose registration is effective may thereafter qualify as a foreign corporation under that name or consent in writing to the use of that name by a corporation thereafter incorporated under this chapter or by another foreign corporation thereafter authorized to transact business in this state. The registration terminates when the domestic corporation is incorporated or the foreign corporation qualifies or consents to the qualification of another foreign corporation under the registered name.

Acts 1993, No. 1147, § 403.
Ark. Code Ann. § 4-26-1101 — AR Code / Title 4 / Chapter 26 / Subchapter 11 / Section 4-26-1101
Authorization of dissolution
Status: in_force

(a) A corporation may be dissolved. (b) The dissolution shall be authorized at a meeting of shareholders which is held after notice to all shareholders, whether or not entitled to vote, by the vote of the holders of two-thirds (2/3) of all outstanding shares entitled to vote thereon unless any class of shares is entitled to vote as a class, in which event the resolution of dissolution shall be adopted upon receiving the affirmative vote of the holders of two-thirds (2/3) of the outstanding shares of each class entitled to vote thereon as a class and of the total outstanding shares. Acts 1965, No. 576, § 83; A.S.A. 1947, § 64-901.

(a) A corporation may be dissolved.

(b) The dissolution shall be authorized at a meeting of shareholders which is held after notice to all shareholders, whether or not entitled to vote, by the vote of the holders of two-thirds (2/3) of all outstanding shares entitled to vote thereon unless any class of shares is entitled to vote as a class, in which event the resolution of dissolution shall be adopted upon receiving the affirmative vote of the holders of two-thirds (2/3) of the outstanding shares of each class entitled to vote thereon as a class and of the total outstanding shares.

Acts 1965, No. 576, § 83; A.S.A. 1947, § 64-901.
Ark. Code Ann. § 4-76-102 — AR Code / Title 4 / Chapter 76 / Section 4-76-102
Definitions
Status: in_force

In this chapter: (1) "Copyright owner" means the owner of a copyright of a musical work, other than a motion picture or audiovisual work, recognized and enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, Pub. L. No. 94-554, 17 U.S.C. § 101 et seq.; (2) "Performing rights society" means an association or corporation that licenses the nondramatic public performance of musical works on behalf of copyright owners, such as: (A) The American Society of Composers, Authors and Publishers, also known as ASCAP; (B) Broadcast Music, Inc., also known as BMI; and (C) SESAC, Inc., also known as SESAC; (3) "Proprietor" means the owner or operator of a retail establishment, restaurant, inn, bar, tavern, or other similar place of business located in this state in which the public may assemble and in which musical works may be performed, broadcast, or otherwise transmitted; and (4) "Royalty" or "royalties" means the fees payable to a performing rights society for public performance rights. Acts 1997, No. 648, § 2.

In this chapter:

(1) "Copyright owner" means the owner of a copyright of a musical work, other than a motion picture or audiovisual work, recognized and enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, Pub. L. No. 94-554, 17 U.S.C. § 101 et seq.;

(2) "Performing rights society" means an association or corporation that licenses the nondramatic public performance of musical works on behalf of copyright owners, such as: (A) The American Society of Composers, Authors and Publishers, also known as ASCAP; (B) Broadcast Music, Inc., also known as BMI; and (C) SESAC, Inc., also known as SESAC;

(A) The American Society of Composers, Authors and Publishers, also known as ASCAP;

(B) Broadcast Music, Inc., also known as BMI; and

(C) SESAC, Inc., also known as SESAC;

(3) "Proprietor" means the owner or operator of a retail establishment, restaurant, inn, bar, tavern, or other similar place of business located in this state in which the public may assemble and in which musical works may be performed, broadcast, or otherwise transmitted; and

(4) "Royalty" or "royalties" means the fees payable to a performing rights society for public performance rights.

Acts 1997, No. 648, § 2.
Ark. Code Ann. § 4-35-105 — AR Code / Title 4 / Chapter 35 / Subchapter 1 / Section 4-35-105
Authority generally
Status: in_force

(a) There is conferred upon a water authority the authority to take action and to do or cause to be done the things that shall be necessary or desirable to accomplish and implement the purposes and intent of this chapter according to the import of this chapter. (b) It is specifically understood that, except for the provisions of this chapter or the provisions of any other chapter which authorizes the conversion of a qualified corporation to a water authority, no other statutes shall govern or pertain to the creation of a water authority under this chapter or the issuance of bonds by a water authority. (c) A water authority authorized by this chapter shall have the right to perpetual succession as a public body politic and governmental entity. (d) The Arkansas Natural Resources Commission shall have the authority, including the powers set forth in § 15-20-206 , to promulgate rules for carrying out the intent of this chapter. Acts 2003, No. 1330, § 3.

(a) There is conferred upon a water authority the authority to take action and to do or cause to be done the things that shall be necessary or desirable to accomplish and implement the purposes and intent of this chapter according to the import of this chapter.

(b) It is specifically understood that, except for the provisions of this chapter or the provisions of any other chapter which authorizes the conversion of a qualified corporation to a water authority, no other statutes shall govern or pertain to the creation of a water authority under this chapter or the issuance of bonds by a water authority.

(c) A water authority authorized by this chapter shall have the right to perpetual succession as a public body politic and governmental entity.

(d) The Arkansas Natural Resources Commission shall have the authority, including the powers set forth in § 15-20-206 , to promulgate rules for carrying out the intent of this chapter.

Acts 2003, No. 1330, § 3.
Ark. Code Ann. § 4-46-1203 — AR Code / Title 4 / Chapter 46 / Subchapter 12 / Section 4-46-1203
Effective date
Status: in_force

This chapter takes effect January 1, 2000. Acts 1999, No. 1518, § 1203.

This chapter takes effect January 1, 2000.

Acts 1999, No. 1518, § 1203.
Ark. Code Ann. § 4-26-620 — AR Code / Title 4 / Chapter 26 / Subchapter 6 / Section 4-26-620
Distributions in partial liquidation
Status: in_force

The board of directors of a corporation may from time to time distribute to its shareholders in partial liquidation out of capital surplus, other than a revaluation surplus, of the corporation a portion of its assets, in cash or property, subject to the following provisions: (1) No distribution shall be made if there is a reasonable ground for believing that as a result thereof the corporation would be unable to meet its obligations as they become due in the ordinary course of business or that the fair value of the remaining assets of the corporation would be less than one and one-fourth (1¼) times the amount of its liabilities to creditors. (2) The distribution shall be made only upon a determination by the board of directors that the assets of the corporation are in excess of the needs of its business and upon authorization evidenced by resolution adopted by the holders of a majority of the shares of each class, whether or not otherwise entitled to vote. (3) No distribution shall be made to the holders of any class of shares unless all cumulative dividends accrued on all preferred or special classes of shares entitled to preferential dividends shall have been fully paid. (4) No distribution shall be made to the holders of any class of shares which would reduce the remaining net assets of the corporation below the aggregate preferential amount payable in event of voluntary liquidation to the holders of shares having preferential rights to the assets of the corporation in the event of liquidation. (5) Each such distribution when made shall be identified as a distribution in partial liquidation and the amount per share disclosed to the shareholders receiving the same concurrently with the distribution thereof. Acts 1965, No. 576, § 46; A.S.A. 1947, § 64-403.

The board of directors of a corporation may from time to time distribute to its shareholders in partial liquidation out of capital surplus, other than a revaluation surplus, of the corporation a portion of its assets, in cash or property, subject to the following provisions:

(1) No distribution shall be made if there is a reasonable ground for believing that as a result thereof the corporation would be unable to meet its obligations as they become due in the ordinary course of business or that the fair value of the remaining assets of the corporation would be less than one and one-fourth (1¼) times the amount of its liabilities to creditors.

(2) The distribution shall be made only upon a determination by the board of directors that the assets of the corporation are in excess of the needs of its business and upon authorization evidenced by resolution adopted by the holders of a majority of the shares of each class, whether or not otherwise entitled to vote.

(3) No distribution shall be made to the holders of any class of shares unless all cumulative dividends accrued on all preferred or special classes of shares entitled to preferential dividends shall have been fully paid.

(4) No distribution shall be made to the holders of any class of shares which would reduce the remaining net assets of the corporation below the aggregate preferential amount payable in event of voluntary liquidation to the holders of shares having preferential rights to the assets of the corporation in the event of liquidation.

(5) Each such distribution when made shall be identified as a distribution in partial liquidation and the amount per share disclosed to the shareholders receiving the same concurrently with the distribution thereof.

Acts 1965, No. 576, § 46; A.S.A. 1947, § 64-403.
Ark. Code Ann. § 4-59-401 — AR Code / Title 4 / Chapter 59 / Subchapter 4 / Section 4-59-401
Issuance of receipt for goods not received or controlled
Status: in_force

A warehouseman or any officer, agent, or servant of a warehouseman, who issues or aids in issuing a receipt, knowing that the goods for which the receipt is issued have not been actually received by the warehouseman or are not under his actual control at the time of issuing the receipt, 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 1915, No. 273, § 50; C. & M. Dig., § 10394; Pope's Dig., § 14462; A.S.A. 1947, § 68-1250.

A warehouseman or any officer, agent, or servant of a warehouseman, who issues or aids in issuing a receipt, knowing that the goods for which the receipt is issued have not been actually received by the warehouseman or are not under his actual control at the time of issuing the receipt, 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 1915, No. 273, § 50; C. & M. Dig., § 10394; Pope's Dig., § 14462; A.S.A. 1947, § 68-1250.
Ark. Code Ann. § 4-47-802 — AR Code / Title 4 / Chapter 47 / Subchapter 8 / Section 4-47-802
Judicial dissolution
Status: in_force

On application by a partner the circuit court may order dissolution of a limited partnership if it is not reasonably practicable to carry on the activities of the limited partnership in conformity with the partnership agreement. Acts 2007, No. 15, § 1.

On application by a partner the circuit court may order dissolution of a limited partnership if it is not reasonably practicable to carry on the activities of the limited partnership in conformity with the partnership agreement.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-5-116 — AR Code / Title 4 / Chapter 5 / Section 4-5-116
Choice of law and forum
Status: in_force

(a) The liability of an issuer, nominated person, or adviser for action or omission is governed by the law of the jurisdiction chosen by an agreement in the form of a record signed or otherwise authenticated by the affected parties in the manner provided in § 4-5-104 or by a provision in the person's letter of credit, confirmation, or other undertaking. The jurisdiction whose law is chosen need not bear any relation to the transaction. (b) Unless subsection (a) of this section applies, the liability of an issuer, nominated person, or adviser for action or omission is governed by the law of the jurisdiction in which the person is located. The person is considered to be located at the address indicated in the person's undertaking. If more than one (1) address is indicated, the person is considered to be located at the address from which the person's undertaking was issued. For the purpose of jurisdiction, choice of law, and recognition of interbranch letters of credit, but not enforcement of a judgment, all branches of a bank are considered separate juridical entities and a bank is considered to be located at the place where its relevant branch is considered to be located under this subsection. (c) Except as otherwise provided in this subsection, the liability of an issuer, nominated person, or adviser is governed by any rules of custom or practice, such as the Uniform Customs and Practice for Documentary Credits, to which the letter of credit, confirmation, or other undertaking is expressly made subject. If (i) this chapter would govern the liability of an issuer, nominated person, or adviser under subsection (a) or (b) of this section, (ii) the relevant undertaking incorporates rules of custom or practice, and (iii) there is conflict between this chapter and those rules as applied to that undertaking, those rules govern except to the extent of any conflict with the nonvariable provisions specified in § 4-5-103(c) . (d) If there is conflict between this chapter and Chapter 3, 4, 4A, or 9, this chapter governs. (e) The forum for settling disputes arising out of an undertaking within this chapter may be chosen in the manner and with the binding effect that governing law may be chosen in accordance with subsection (a) of this section. Acts 1997, No. 1070, § 1.

(a) The liability of an issuer, nominated person, or adviser for action or omission is governed by the law of the jurisdiction chosen by an agreement in the form of a record signed or otherwise authenticated by the affected parties in the manner provided in § 4-5-104 or by a provision in the person's letter of credit, confirmation, or other undertaking. The jurisdiction whose law is chosen need not bear any relation to the transaction.

(b) Unless subsection (a) of this section applies, the liability of an issuer, nominated person, or adviser for action or omission is governed by the law of the jurisdiction in which the person is located. The person is considered to be located at the address indicated in the person's undertaking. If more than one (1) address is indicated, the person is considered to be located at the address from which the person's undertaking was issued. For the purpose of jurisdiction, choice of law, and recognition of interbranch letters of credit, but not enforcement of a judgment, all branches of a bank are considered separate juridical entities and a bank is considered to be located at the place where its relevant branch is considered to be located under this subsection.

(c) Except as otherwise provided in this subsection, the liability of an issuer, nominated person, or adviser is governed by any rules of custom or practice, such as the Uniform Customs and Practice for Documentary Credits, to which the letter of credit, confirmation, or other undertaking is expressly made subject. If (i) this chapter would govern the liability of an issuer, nominated person, or adviser under subsection (a) or (b) of this section, (ii) the relevant undertaking incorporates rules of custom or practice, and (iii) there is conflict between this chapter and those rules as applied to that undertaking, those rules govern except to the extent of any conflict with the nonvariable provisions specified in § 4-5-103(c) .

(d) If there is conflict between this chapter and Chapter 3, 4, 4A, or 9, this chapter governs.

(e) The forum for settling disputes arising out of an undertaking within this chapter may be chosen in the manner and with the binding effect that governing law may be chosen in accordance with subsection (a) of this section.

Acts 1997, No. 1070, § 1.
Ark. Code Ann. § 4-26-606 — AR Code / Title 4 / Chapter 26 / Subchapter 6 / Section 4-26-606
Payment of expenses of organization, reorganization, financing, etc
Status: in_force

The reasonable charges and expenses of organization or reorganization of a corporation and the reasonable expenses of and compensation for the sale or underwriting of its shares may be paid or allowed by the corporation out of the consideration received by it in payment for its shares without rendering such shares not fully paid and nonassessable. Acts 1965, No. 576, § 22; A.S.A. 1947, § 64-207.

The reasonable charges and expenses of organization or reorganization of a corporation and the reasonable expenses of and compensation for the sale or underwriting of its shares may be paid or allowed by the corporation out of the consideration received by it in payment for its shares without rendering such shares not fully paid and nonassessable.

Acts 1965, No. 576, § 22; A.S.A. 1947, § 64-207.
Ark. Code Ann. § 4-18-316 — AR Code / Title 4 / Chapter 18 / Subchapter 3 / Section 4-18-316
Misrepresentation of pricing
Status: in_force

No person shall misrepresent the price of any commodity or service sold, offered, exposed, or advertised for sale by weight, measure, or count, nor represent the price in any manner calculated or tending to mislead or in any way deceive a person. Acts 2001, No. 587, § 16.

No person shall misrepresent the price of any commodity or service sold, offered, exposed, or advertised for sale by weight, measure, or count, nor represent the price in any manner calculated or tending to mislead or in any way deceive a person.

Acts 2001, No. 587, § 16.
Ark. Code Ann. § 4-32-701 — AR Code / Title 4 / Chapter 32 / Subchapter 7 / Section 4-32-701
through 4-32-707 - [Repealed]
Status: repealed

Repealed by Act 2021, No. 1041,§ 1, eff. 7/28/2021. Acts 1993, No. 1003, § 701.

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

Acts 1993, No. 1003, § 701.
Ark. Code Ann. § 4-29-206 — AR Code / Title 4 / Chapter 29 / Subchapter 2 / Section 4-29-206
Formation of corporation
Status: in_force

(a) One (1) or more persons duly and properly licensed under and pursuant to the laws of the State of Arkansas to render the same type of professional services, as defined in § 4-29-202 , may form a corporation, pursuant to the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq., to own, operate, and maintain a professional corporation and to engage in the professional services thereby authorized, by and through its licensed shareholders, directors, officers, and employees only. (b) It is mandatory that such professional services be rendered by or through persons who are duly and properly licensed, individually, to engage in the profession. Acts 1963, No. 155, § 2; 1970 (Ex. Sess.), No. 13, § 1; A.S.A. 1947, § 64-2002; Acts 2001, No. 728, § 2.

(a) One (1) or more persons duly and properly licensed under and pursuant to the laws of the State of Arkansas to render the same type of professional services, as defined in § 4-29-202 , may form a corporation, pursuant to the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq., to own, operate, and maintain a professional corporation and to engage in the professional services thereby authorized, by and through its licensed shareholders, directors, officers, and employees only.

(b) It is mandatory that such professional services be rendered by or through persons who are duly and properly licensed, individually, to engage in the profession.

Acts 1963, No. 155, § 2; 1970 (Ex. Sess.), No. 13, § 1; A.S.A. 1947, § 64-2002; Acts 2001, No. 728, § 2.
Ark. Code Ann. § 4-20-108 — AR Code / Title 4 / Chapter 20 / Section 4-20-108
Change of registered agent by entity
Status: in_force

(a) A represented entity may change the information currently on file under § 4-20-105(a) by filing with the Secretary of State a statement of change signed on behalf of the entity which states: (1) the name of the entity; and (2) the information that is to be in effect as a result of the filing of the statement of change. (b) The interest holders or governors of a domestic entity need not approve the filing of: (1) a statement of change under this section; or (2) a similar filing changing the registered agent or registered office of the entity in any other jurisdiction. (c) The appointment of a registered agent pursuant to subsection (a) is an affirmation by the represented entity that the agent has consented to serve as such. (d) A statement of change filed under this section takes effect on filing. (e) Instead of using the procedures in this section, a represented entity may change the information currently on file under § 4-20-105(a) by amending its most recent registered agent filing in the manner provided by the laws of this state other than this chapter for amending that filing. Acts 2007, No. 638, § 1.

(a) A represented entity may change the information currently on file under § 4-20-105(a) by filing with the Secretary of State a statement of change signed on behalf of the entity which states: (1) the name of the entity; and (2) the information that is to be in effect as a result of the filing of the statement of change.

(1) the name of the entity; and

(2) the information that is to be in effect as a result of the filing of the statement of change.

(b) The interest holders or governors of a domestic entity need not approve the filing of: (1) a statement of change under this section; or (2) a similar filing changing the registered agent or registered office of the entity in any other jurisdiction.

(1) a statement of change under this section; or

(2) a similar filing changing the registered agent or registered office of the entity in any other jurisdiction.

(c) The appointment of a registered agent pursuant to subsection (a) is an affirmation by the represented entity that the agent has consented to serve as such.

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

(e) Instead of using the procedures in this section, a represented entity may change the information currently on file under § 4-20-105(a) by amending its most recent registered agent filing in the manner provided by the laws of this state other than this chapter for amending that filing.

Acts 2007, No. 638, § 1.
Ark. Code Ann. § 4-75-211 — AR Code / Title 4 / Chapter 75 / Subchapter 2 / Section 4-75-211
Remedies - Witnesses and documents - Immunity
Status: in_force

(a) Any person, firm, private corporation, or municipal or other public corporation, or trade association, may maintain an action to enjoin a continuance of any act or acts in violation of this subchapter and, if injured thereby, for the recovery of damages. (b) (1) If, in such action, the court shall find that the defendant is violating or has violated any of the provisions of this subchapter, it shall enjoin the defendant from a continuance thereof. (2) It shall not be necessary that actual damages to the plaintiff be alleged or proved. (3) In addition to injunctive relief, the plaintiff in the action shall be entitled to recover from the defendant three (3) times the amount of the actual damages, if any, sustained. (c) (1) Any defendant in an action brought under the provisions of this section or any witness desired by the state may be required to testify under § 16-43-211 and as otherwise provided by law. (2) In addition, the books and records of any such defendant may be brought into court and introduced, by reference, into evidence. (3) However, no information so obtained may be used against the defendant as a basis for a misdemeanor prosecution under the provisions of §§ 4-75-204 and 4-75-207 - 4-75-210 . (d) The remedies prescribed in this subchapter are cumulative and in addition to the remedies prescribed in the Public Utilities Act, § 23-1-101 et seq., for discrimination by public utilities. If any conflict shall arise between this subchapter and the Public Utilities Act, § 23-1-101 et seq., the latter shall prevail. Amended by Act 2013, No. 1148,§ 2, eff. 8/16/2013. Acts 1937, No. 253, §§ 10, 12; Pope's Dig., §§ 14320, 14322; A.S.A. 1947, §§ 70-310, 70-312.

(a) Any person, firm, private corporation, or municipal or other public corporation, or trade association, may maintain an action to enjoin a continuance of any act or acts in violation of this subchapter and, if injured thereby, for the recovery of damages.

(b) (1) If, in such action, the court shall find that the defendant is violating or has violated any of the provisions of this subchapter, it shall enjoin the defendant from a continuance thereof. (2) It shall not be necessary that actual damages to the plaintiff be alleged or proved. (3) In addition to injunctive relief, the plaintiff in the action shall be entitled to recover from the defendant three (3) times the amount of the actual damages, if any, sustained.

(1) If, in such action, the court shall find that the defendant is violating or has violated any of the provisions of this subchapter, it shall enjoin the defendant from a continuance thereof.

(2) It shall not be necessary that actual damages to the plaintiff be alleged or proved.

(3) In addition to injunctive relief, the plaintiff in the action shall be entitled to recover from the defendant three (3) times the amount of the actual damages, if any, sustained.

(c) (1) Any defendant in an action brought under the provisions of this section or any witness desired by the state may be required to testify under § 16-43-211 and as otherwise provided by law. (2) In addition, the books and records of any such defendant may be brought into court and introduced, by reference, into evidence. (3) However, no information so obtained may be used against the defendant as a basis for a misdemeanor prosecution under the provisions of §§ 4-75-204 and 4-75-207 - 4-75-210 .

(1) Any defendant in an action brought under the provisions of this section or any witness desired by the state may be required to testify under § 16-43-211 and as otherwise provided by law.

(2) In addition, the books and records of any such defendant may be brought into court and introduced, by reference, into evidence.

(3) However, no information so obtained may be used against the defendant as a basis for a misdemeanor prosecution under the provisions of §§ 4-75-204 and 4-75-207 - 4-75-210 .

(d) The remedies prescribed in this subchapter are cumulative and in addition to the remedies prescribed in the Public Utilities Act, § 23-1-101 et seq., for discrimination by public utilities. If any conflict shall arise between this subchapter and the Public Utilities Act, § 23-1-101 et seq., the latter shall prevail.

Amended by Act 2013, No. 1148,§ 2, eff. 8/16/2013.

Acts 1937, No. 253, §§ 10, 12; Pope's Dig., §§ 14320, 14322; A.S.A. 1947, §§ 70-310, 70-312.
Ark. Code Ann. § 4-102-102 — AR Code / Title 4 / Chapter 102 / Section 4-102-102
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Prize" means a gift, award, or other item or service that is offered or awarded to a participant in a real or purported contest, competition, sweepstakes, puzzle, drawing, scheme, plan, or other selection process; (2) "Retail value" of a prize means: (A) A price at which the sponsor can substantiate that a substantial number of the prizes have been sold to the public in Arkansas in the preceding year; or (B) If the sponsor is unable to satisfy the requirement in subdivision (2)(A) of this section, then no more than one and one-half (1.5) times the amount the sponsor paid for the prize in a bona fide purchase from an unaffiliated seller; and (3) "Sponsor" means a corporation, partnership, limited liability company, sole proprietorship, or natural person that offers a prize or information about a prize to a person in Arkansas in conjunction with the sale or lease of any product or service, or offers a prize or information about a prize in conjunction with any real or purported contest, competition, sweepstakes, puzzle, drawing, scheme, plan, or other selection process that requires, or creates the reasonable impression of requiring, or allows the person to pay any money as a condition of receiving, or in conjunction with allowing the person to receive, use, compete for, or obtain a prize or information about a prize. Acts 1995, No. 736, § 1; 2001, No. 1670, § 2.

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

(1) "Prize" means a gift, award, or other item or service that is offered or awarded to a participant in a real or purported contest, competition, sweepstakes, puzzle, drawing, scheme, plan, or other selection process;

(2) "Retail value" of a prize means: (A) A price at which the sponsor can substantiate that a substantial number of the prizes have been sold to the public in Arkansas in the preceding year; or (B) If the sponsor is unable to satisfy the requirement in subdivision (2)(A) of this section, then no more than one and one-half (1.5) times the amount the sponsor paid for the prize in a bona fide purchase from an unaffiliated seller; and

(A) A price at which the sponsor can substantiate that a substantial number of the prizes have been sold to the public in Arkansas in the preceding year; or

(B) If the sponsor is unable to satisfy the requirement in subdivision (2)(A) of this section, then no more than one and one-half (1.5) times the amount the sponsor paid for the prize in a bona fide purchase from an unaffiliated seller; and

(3) "Sponsor" means a corporation, partnership, limited liability company, sole proprietorship, or natural person that offers a prize or information about a prize to a person in Arkansas in conjunction with the sale or lease of any product or service, or offers a prize or information about a prize in conjunction with any real or purported contest, competition, sweepstakes, puzzle, drawing, scheme, plan, or other selection process that requires, or creates the reasonable impression of requiring, or allows the person to pay any money as a condition of receiving, or in conjunction with allowing the person to receive, use, compete for, or obtain a prize or information about a prize.

Acts 1995, No. 736, § 1; 2001, No. 1670, § 2.
Ark. Code Ann. § 4-27-203 — AR Code / Title 4 / Chapter 27 / Subchapter 2 / Section 4-27-203
Incorporation
Status: in_force

(a) Unless a delayed effective date is specified, the corporate existence begins when the articles of incorporation are filed. (b) The Secretary of State's filing of the articles of incorporation is conclusive proof that the incorporators satisfied all conditions precedent to incorporation except in a proceeding by the state to cancel or revoke the incorporation or involuntarily dissolve the corporation. Acts 1987, No. 958, § 64-203.

(a) Unless a delayed effective date is specified, the corporate existence begins when the articles of incorporation are filed.

(b) The Secretary of State's filing of the articles of incorporation is conclusive proof that the incorporators satisfied all conditions precedent to incorporation except in a proceeding by the state to cancel or revoke the incorporation or involuntarily dissolve the corporation.

Acts 1987, No. 958, § 64-203.
Ark. Code Ann. § 4-38-203 — AR Code / Title 4 / Chapter 38 / Subchapter 2 / Section 4-38-203
Signing of records to be delivered for filing to Secretary of State
Status: in_force

(a) A record delivered to the Secretary of State for filing pursuant to this chapter must be signed as follows: (1) Except as otherwise provided in paragraphs (2) and (3), a record signed by a limited liability company must be signed by a person authorized by the company. (2) A company's initial certificate of organization must be signed by at least one person acting as an organizer. (3) A record delivered on behalf of a dissolved company that has no member must be signed by the person winding up the company's activities and affairs under § 4-38-702(c) or a person appointed under § 4-38-702(d) to wind up the activities and affairs. (4) A statement of denial by a person under § 4-38-303 must be signed by that person. (5) Any other record delivered on behalf of a person to the Secretary of State for filing must be signed by that person. (b) A record delivered for filing under this chapter may be signed by an agent. Whenever this chapter requires a particular individual to sign a record and the individual is deceased or incompetent, the record may be signed by a legal representative of the individual. (c) A person that signs a record as an agent or legal representative affirms as a fact that the person is authorized to sign the record. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

(a) A record delivered to the Secretary of State for filing pursuant to this chapter must be signed as follows: (1) Except as otherwise provided in paragraphs (2) and (3), a record signed by a limited liability company must be signed by a person authorized by the company. (2) A company's initial certificate of organization must be signed by at least one person acting as an organizer. (3) A record delivered on behalf of a dissolved company that has no member must be signed by the person winding up the company's activities and affairs under § 4-38-702(c) or a person appointed under § 4-38-702(d) to wind up the activities and affairs. (4) A statement of denial by a person under § 4-38-303 must be signed by that person. (5) Any other record delivered on behalf of a person to the Secretary of State for filing must be signed by that person.

(1) Except as otherwise provided in paragraphs (2) and (3), a record signed by a limited liability company must be signed by a person authorized by the company.

(2) A company's initial certificate of organization must be signed by at least one person acting as an organizer.

(3) A record delivered on behalf of a dissolved company that has no member must be signed by the person winding up the company's activities and affairs under § 4-38-702(c) or a person appointed under § 4-38-702(d) to wind up the activities and affairs.

(4) A statement of denial by a person under § 4-38-303 must be signed by that person.

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

(b) A record delivered for filing under this chapter may be signed by an agent. Whenever this chapter requires a particular individual to sign a record and the individual is deceased or incompetent, the record may be signed by a legal representative of the individual.

(c) A person that signs a record as an agent or legal representative affirms as a fact that the person is authorized to sign the record.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-5-119 — AR Code / Title 4 / Chapter 5 / Section 4-5-119
Applicability
Status: in_force

This chapter applies to a letter of credit that is issued on or after August 1, 1997. This chapter does not apply to a transaction, event, obligation, or duty arising out of or associated with a letter of credit that was issued before August 1, 1997. Acts 1997, No. 1070, § 9; 2001, No. 1439, § 14.

This chapter applies to a letter of credit that is issued on or after August 1, 1997. This chapter does not apply to a transaction, event, obligation, or duty arising out of or associated with a letter of credit that was issued before August 1, 1997.

Acts 1997, No. 1070, § 9; 2001, No. 1439, § 14.
Ark. Code Ann. § 4-47-806 — AR Code / Title 4 / Chapter 47 / Subchapter 8 / Section 4-47-806
Known claims against dissolved limited partnership
Status: in_force

(a) A dissolved limited partnership may dispose of the known claims against it by following the procedure described in subsection (b). (b) A dissolved limited partnership may notify its known claimants of the dissolution in a record. The notice must: (1) specify the information required to be included in a claim; (2) provide a mailing address to which the claim is to be sent; (3) state the deadline for receipt of the claim, which may not be less than 120 days after the date the notice is received by the claimant; (4) state that the claim will be barred if not received by the deadline; and (5) unless the limited partnership has been throughout its existence a limited liability limited partnership, state that the barring of a claim against the limited partnership will also bar any corresponding claim against any general partner or person dissociated as a general partner which is based on § 4-47-404 . (c) A claim against a dissolved limited partnership is barred if the requirements of subsection (b) are met and: (1) the claim is not received by the specified deadline; or (2) in the case of a claim that is timely received but rejected by the dissolved limited partnership, the claimant does not commence an action to enforce the claim against the limited partnership within 90 days after the receipt of the notice of the rejection. (d) This section does not apply to a claim based on an event occurring after the effective date of dissolution or a liability that is contingent on that date. Acts 2007, No. 15, § 1.

(a) A dissolved limited partnership may dispose of the known claims against it by following the procedure described in subsection (b).

(b) A dissolved limited partnership may notify its known claimants of the dissolution in a record. The notice must: (1) specify the information required to be included in a claim; (2) provide a mailing address to which the claim is to be sent; (3) state the deadline for receipt of the claim, which may not be less than 120 days after the date the notice is received by the claimant; (4) state that the claim will be barred if not received by the deadline; and (5) unless the limited partnership has been throughout its existence a limited liability limited partnership, state that the barring of a claim against the limited partnership will also bar any corresponding claim against any general partner or person dissociated as a general partner which is based on § 4-47-404 .

(1) specify the information required to be included in a claim;

(2) provide a mailing address to which the claim is to be sent;

(3) state the deadline for receipt of the claim, which may not be less than 120 days after the date the notice is received by the claimant;

(4) state that the claim will be barred if not received by the deadline; and

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

(c) A claim against a dissolved limited partnership is barred if the requirements of subsection (b) are met and: (1) the claim is not received by the specified deadline; or (2) in the case of a claim that is timely received but rejected by the dissolved limited partnership, the claimant does not commence an action to enforce the claim against the limited partnership within 90 days after the receipt of the notice of the rejection.

(1) the claim is not received by the specified deadline; or

(2) in the case of a claim that is timely received but rejected by the dissolved limited partnership, the claimant does not commence an action to enforce the claim against the limited partnership within 90 days after the receipt of the notice of the rejection.

(d) This section does not apply to a claim based on an event occurring after the effective date of dissolution or a liability that is contingent on that date.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-46-204 — AR Code / Title 4 / Chapter 46 / Subchapter 2 / Section 4-46-204
When property is partnership property
Status: in_force

(a) Property is partnership property if acquired in the name of: (1) the partnership; or (2) one or more partners with an indication in the instrument transferring title to the property of the person's capacity as a partner or of the existence of a partnership but without an indication of the name of the partnership. (b) Property is acquired in the name of the partnership by a transfer to: (1) the partnership in its name; or (2) one or more partners in their capacity as partners in the partnership, if the name of the partnership is indicated in the instrument transferring title to the property. (c) Property is presumed to be partnership property if purchased with partnership assets, even if not acquired in the name of the partnership or of one or more partners with an indication in the instrument transferring title to the property of the person's capacity as a partner or of the existence of a partnership. (d) Property acquired in the name of one or more of the partners, without an indication in the instrument transferring title to the property of the person's capacity as a partner or of the existence of a partnership and without use of partnership assets, is presumed to be separate property, even if used for partnership purposes. Acts 1999, No. 1518, § 204.

(a) Property is partnership property if acquired in the name of: (1) the partnership; or (2) one or more partners with an indication in the instrument transferring title to the property of the person's capacity as a partner or of the existence of a partnership but without an indication of the name of the partnership.

(1) the partnership; or

(2) one or more partners with an indication in the instrument transferring title to the property of the person's capacity as a partner or of the existence of a partnership but without an indication of the name of the partnership.

(b) Property is acquired in the name of the partnership by a transfer to: (1) the partnership in its name; or (2) one or more partners in their capacity as partners in the partnership, if the name of the partnership is indicated in the instrument transferring title to the property.

(1) the partnership in its name; or

(2) one or more partners in their capacity as partners in the partnership, if the name of the partnership is indicated in the instrument transferring title to the property.

(c) Property is presumed to be partnership property if purchased with partnership assets, even if not acquired in the name of the partnership or of one or more partners with an indication in the instrument transferring title to the property of the person's capacity as a partner or of the existence of a partnership.

(d) Property acquired in the name of one or more of the partners, without an indication in the instrument transferring title to the property of the person's capacity as a partner or of the existence of a partnership and without use of partnership assets, is presumed to be separate property, even if used for partnership purposes.

Acts 1999, No. 1518, § 204.
Ark. Code Ann. § 4-47-507 — AR Code / Title 4 / Chapter 47 / Subchapter 5 / Section 4-47-507
Right to distribution
Status: in_force

When a partner or transferee becomes entitled to receive a distribution, the partner or transferee has the status of, and is entitled to all remedies available to, a creditor of the limited partnership with respect to the distribution. However, the limited partnership's obligation to make a distribution is subject to offset for any amount owed to the limited partnership by the partner or dissociated partner on whose account the distribution is made. Acts 2007, No. 15, § 1.

When a partner or transferee becomes entitled to receive a distribution, the partner or transferee has the status of, and is entitled to all remedies available to, a creditor of the limited partnership with respect to the distribution. However, the limited partnership's obligation to make a distribution is subject to offset for any amount owed to the limited partnership by the partner or dissociated partner on whose account the distribution is made.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-47-101 — AR Code / Title 4 / Chapter 47 / Subchapter 1 / Section 4-47-101
Short title
Status: in_force

This chapter may be cited as the Uniform Limited Partnership Act (2001). Acts 2007, No. 15, § 1.

This chapter may be cited as the Uniform Limited Partnership Act (2001).

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-75-703 — AR Code / Title 4 / Chapter 75 / Subchapter 7 / Section 4-75-703
Sales excepted from subchapter
Status: in_force

(a) This subchapter does not apply to a sale at wholesale or a sale at retail made: (1) In an isolated transaction and not in the usual course of business; (2) Where cigarettes are advertised, offered for sale, or sold in a bona fide clearance sale for the purpose of discontinuing trade in the cigarettes, and the advertising, offer to sell, or sale shall state the reason for the sale and the quantity of the cigarettes advertised, offered for sale, or to be sold; (3) Where cigarettes are advertised, offered for sale, or sold as imperfect or damaged, and the advertising, offer to sell, or sale shall state the reason for the sale and the quantity of the cigarettes advertised, offered for sale, or to be sold; (4) Where cigarettes are sold upon the final liquidation of a business; or (5) Where cigarettes are advertised, offered for sale, or sold by any fiduciary or other officer acting under the order or direction of any court. (b) For sales that are exempt under subsection (a) of this section, the seller shall: (1) Notify Arkansas Tobacco Control of the sale at least one (1) business day before the sale occurs; and (2) For sales that are below cost, submit the information required by the Director of Arkansas Tobacco Control on the form prescribed by the director. Amended by Act 2019, No. 1071,§ 1, eff. 7/24/2019. Acts 1951, No. 101, § 6; A.S.A. 1947, § 70-606.

(a) This subchapter does not apply to a sale at wholesale or a sale at retail made: (1) In an isolated transaction and not in the usual course of business; (2) Where cigarettes are advertised, offered for sale, or sold in a bona fide clearance sale for the purpose of discontinuing trade in the cigarettes, and the advertising, offer to sell, or sale shall state the reason for the sale and the quantity of the cigarettes advertised, offered for sale, or to be sold; (3) Where cigarettes are advertised, offered for sale, or sold as imperfect or damaged, and the advertising, offer to sell, or sale shall state the reason for the sale and the quantity of the cigarettes advertised, offered for sale, or to be sold; (4) Where cigarettes are sold upon the final liquidation of a business; or (5) Where cigarettes are advertised, offered for sale, or sold by any fiduciary or other officer acting under the order or direction of any court.

(1) In an isolated transaction and not in the usual course of business;

(2) Where cigarettes are advertised, offered for sale, or sold in a bona fide clearance sale for the purpose of discontinuing trade in the cigarettes, and the advertising, offer to sell, or sale shall state the reason for the sale and the quantity of the cigarettes advertised, offered for sale, or to be sold;

(3) Where cigarettes are advertised, offered for sale, or sold as imperfect or damaged, and the advertising, offer to sell, or sale shall state the reason for the sale and the quantity of the cigarettes advertised, offered for sale, or to be sold;

(4) Where cigarettes are sold upon the final liquidation of a business; or

(5) Where cigarettes are advertised, offered for sale, or sold by any fiduciary or other officer acting under the order or direction of any court.

(b) For sales that are exempt under subsection (a) of this section, the seller shall: (1) Notify Arkansas Tobacco Control of the sale at least one (1) business day before the sale occurs; and (2) For sales that are below cost, submit the information required by the Director of Arkansas Tobacco Control on the form prescribed by the director.

(1) Notify Arkansas Tobacco Control of the sale at least one (1) business day before the sale occurs; and

(2) For sales that are below cost, submit the information required by the Director of Arkansas Tobacco Control on the form prescribed by the director.

Amended by Act 2019, No. 1071,§ 1, eff. 7/24/2019.

Acts 1951, No. 101, § 6; A.S.A. 1947, § 70-606.
Ark. Code Ann. § 4-26-306 — AR Code / Title 4 / Chapter 26 / Subchapter 3 / Section 4-26-306
Restatement of articles of incorporation
Status: in_force

Any restatement of the articles of incorporation effected through the amending procedure authorized in this subchapter shall supersede the original articles of incorporation and all antecedent amendments thereto. Acts 1965, No. 576, § 64; A.S.A. 1947, § 64-511.

Any restatement of the articles of incorporation effected through the amending procedure authorized in this subchapter shall supersede the original articles of incorporation and all antecedent amendments thereto.

Acts 1965, No. 576, § 64; A.S.A. 1947, § 64-511.
Ark. Code Ann. § 4-74-106 — AR Code / Title 4 / Chapter 74 / Section 4-74-106
Application for license
Status: in_force

(a) The application for the license shall be in writing and under oath and shall be filed with the clerk at least fourteen (14) days prior to the opening date of the proposed sale. (b) The application shall show all the facts relating to the reasons and character of the sale, including the opening and closing dates of the proposed sale. (c) The application for a license to conduct a going-out-of-business sale shall be accompanied by a fee of two hundred fifty dollars ($250). However, if the applicant has been in business for a period of at least one (1) year at the location where the proposed going out of business sale is to be conducted, the license fee shall be twenty-five dollars ($25.00). Acts 1983, No. 297, §§ 2, 3; A.S.A. 1947, §§ 71-5502, 71-5503.

(a) The application for the license shall be in writing and under oath and shall be filed with the clerk at least fourteen (14) days prior to the opening date of the proposed sale.

(b) The application shall show all the facts relating to the reasons and character of the sale, including the opening and closing dates of the proposed sale.

(c) The application for a license to conduct a going-out-of-business sale shall be accompanied by a fee of two hundred fifty dollars ($250). However, if the applicant has been in business for a period of at least one (1) year at the location where the proposed going out of business sale is to be conducted, the license fee shall be twenty-five dollars ($25.00).

Acts 1983, No. 297, §§ 2, 3; A.S.A. 1947, §§ 71-5502, 71-5503.
Ark. Code Ann. § 4-18-308 — AR Code / Title 4 / Chapter 18 / Subchapter 3 / Section 4-18-308
Requirements for the registration of servicepersons and service agencies for commercial weighing and measuring devices
Status: in_force

The Uniform Regulation for the Voluntary Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices 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 the registration of servicepersons and service agencies in the state, as adopted, or amended and adopted, by rule of the State Plant Board. Acts 2001, No. 587, § 8.

The Uniform Regulation for the Voluntary Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices 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 the registration of servicepersons and service agencies in the state, as adopted, or amended and adopted, by rule of the State Plant Board.

Acts 2001, No. 587, § 8.
Ark. Code Ann. § 4-37-305 — AR Code / Title 4 / Chapter 37 / Subchapter 3 / Section 4-37-305
Right of person not associated member of protected series to information concerning protected series
Status: in_force

(a) A member of a series limited liability company which is not an associated member of a protected series of the company has a right to information concerning the protected series to the same extent, in the same manner, and under the same conditions that a member that is not a manager of a manager-managed limited liability company has a right to information concerning the company under § 4-38-410 . (b) A person formerly an associated member of a protected series has a right to information concerning the protected series to the same extent, in the same manner, and under the same conditions that a person dissociated as a member of a manager-managed limited liability company has a right to information concerning the company under § 4-38-410 . (c) If an associated member of a protected series dies, the legal representative of the deceased associated member has a right to information concerning the protected series to the same extent, in the same manner, and under the same conditions that the legal representative of a deceased member of a limited liability company has a right to information concerning the company under § 4-38-410 . (d) A protected-series manager of a protected series has a right to information concerning the protected series to the same extent, in the same manner, and under the same conditions that a manager of a manager-managed limited liability company has a right to information concerning the company under § 4-38-410 . Amended by Act 2021, No. 1041,§ 16, eff. 7/28/2021. Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.

(a) A member of a series limited liability company which is not an associated member of a protected series of the company has a right to information concerning the protected series to the same extent, in the same manner, and under the same conditions that a member that is not a manager of a manager-managed limited liability company has a right to information concerning the company under § 4-38-410 .

(b) A person formerly an associated member of a protected series has a right to information concerning the protected series to the same extent, in the same manner, and under the same conditions that a person dissociated as a member of a manager-managed limited liability company has a right to information concerning the company under § 4-38-410 .

(c) If an associated member of a protected series dies, the legal representative of the deceased associated member has a right to information concerning the protected series to the same extent, in the same manner, and under the same conditions that the legal representative of a deceased member of a limited liability company has a right to information concerning the company under § 4-38-410 .

(d) A protected-series manager of a protected series has a right to information concerning the protected series to the same extent, in the same manner, and under the same conditions that a manager of a manager-managed limited liability company has a right to information concerning the company under § 4-38-410 .

Amended by Act 2021, No. 1041,§ 16, eff. 7/28/2021.

Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 4-99-408 — AR Code / Title 4 / Chapter 99 / Subchapter 4 / Section 4-99-408
Moneys derived from listing charge
Status: in_force

All moneys derived from the listing charge described in § 4-99-404 shall be deposited into the State Treasury to the credit of the State Central Services Fund as a direct revenue to be used exclusively to defray the cost associated with the creation and maintenance of the database required by this subchapter and the enforcement of this subchapter. Acts 1999, No. 1465, § 8.

All moneys derived from the listing charge described in § 4-99-404 shall be deposited into the State Treasury to the credit of the State Central Services Fund as a direct revenue to be used exclusively to defray the cost associated with the creation and maintenance of the database required by this subchapter and the enforcement of this subchapter.

Acts 1999, No. 1465, § 8.
Ark. Code Ann. § 4-28-625 — AR Code / Title 4 / Chapter 28 / Subchapter 6 / Section 4-28-625
Right of member or manager to information
Status: in_force

(a) On reasonable notice, a member or manager of an unincorporated nonprofit association may inspect and copy during the unincorporated nonprofit association's regular operating hours, at a reasonable location specified by the association, any record maintained by the association regarding its activities, financial condition, and other circumstances, to the extent the information is material to the member's or manager's rights and duties under the governing principles. (b) An unincorporated nonprofit association may impose reasonable restrictions on access to and use of information to be furnished under this section, including designating the information confidential and imposing obligations of nondisclosure and safeguarding on the recipient. (c) An unincorporated nonprofit association may charge a person that makes a demand under this section reasonable copying costs, limited to the costs of labor and materials. (d) A former member or manager is entitled to information to which the member or manager was entitled while a member or manager if the information pertains to the period during which the person was a member or manager, the former member or manager seeks the information in good faith, and the former member or manager satisfies subsections (a) through (c) of this section. (e) This section shall not affect a record or information that may be accessed by the public under the Freedom of Information Act of 1967, § 25-19-101 et seq. Acts 2011, No. 202, § 2.

(a) On reasonable notice, a member or manager of an unincorporated nonprofit association may inspect and copy during the unincorporated nonprofit association's regular operating hours, at a reasonable location specified by the association, any record maintained by the association regarding its activities, financial condition, and other circumstances, to the extent the information is material to the member's or manager's rights and duties under the governing principles.

(b) An unincorporated nonprofit association may impose reasonable restrictions on access to and use of information to be furnished under this section, including designating the information confidential and imposing obligations of nondisclosure and safeguarding on the recipient.

(c) An unincorporated nonprofit association may charge a person that makes a demand under this section reasonable copying costs, limited to the costs of labor and materials.

(d) A former member or manager is entitled to information to which the member or manager was entitled while a member or manager if the information pertains to the period during which the person was a member or manager, the former member or manager seeks the information in good faith, and the former member or manager satisfies subsections (a) through (c) of this section.

(e) This section shall not affect a record or information that may be accessed by the public under the Freedom of Information Act of 1967, § 25-19-101 et seq.

Acts 2011, No. 202, § 2.
Ark. Code Ann. § 4-75-1304 — AR Code / Title 4 / Chapter 75 / Subchapter 13 / Section 4-75-1304
Conflicts
Status: in_force

(a) A third-party licensee or student-athlete shall not enter into a contract for the commercial use of the student-athlete's publicity rights if the contract: (1) Requires the student-athlete to endorse, use, solicit, sell, market, advertise, promote, refer to, mention, display, or otherwise promote the name, image, logo, product, service, purpose, campaign, business, digital or physical address, or location of any third-party licensee or commercial entity during a varsity intercollegiate athletic practice, competition, or other activity; (2) Conflicts with a term or condition of a contract, policy, rule, regulation, or standard of the student-athlete's committed or enrolled institution of higher education; or (3) Involves the student-athlete's performance or lack of performance in athletic competition. (b) A contract in violation of this subchapter is void and unenforceable. Amended by Act 2023, No. 589,§ 3, eff. 4/11/2023. Added by Act 2021, No. 810,§ 1, eff. 1/1/2022.

(a) A third-party licensee or student-athlete shall not enter into a contract for the commercial use of the student-athlete's publicity rights if the contract: (1) Requires the student-athlete to endorse, use, solicit, sell, market, advertise, promote, refer to, mention, display, or otherwise promote the name, image, logo, product, service, purpose, campaign, business, digital or physical address, or location of any third-party licensee or commercial entity during a varsity intercollegiate athletic practice, competition, or other activity; (2) Conflicts with a term or condition of a contract, policy, rule, regulation, or standard of the student-athlete's committed or enrolled institution of higher education; or (3) Involves the student-athlete's performance or lack of performance in athletic competition.

(1) Requires the student-athlete to endorse, use, solicit, sell, market, advertise, promote, refer to, mention, display, or otherwise promote the name, image, logo, product, service, purpose, campaign, business, digital or physical address, or location of any third-party licensee or commercial entity during a varsity intercollegiate athletic practice, competition, or other activity;

(2) Conflicts with a term or condition of a contract, policy, rule, regulation, or standard of the student-athlete's committed or enrolled institution of higher education; or

(3) Involves the student-athlete's performance or lack of performance in athletic competition.

(b) A contract in violation of this subchapter is void and unenforceable.

Amended by Act 2023, No. 589,§ 3, eff. 4/11/2023.

Added by Act 2021, No. 810,§ 1, eff. 1/1/2022.
Ark. Code Ann. § 4-99-202 — AR Code / Title 4 / Chapter 99 / Subchapter 2 / Section 4-99-202
Collection practices
Status: in_force

(a) (1) No person who calls a residential telephone number for the purpose of offering merchandise for sale shall dispatch a courier or other individual to the residence to collect payment before the consumer has inspected the merchandise. (2) It shall be unlawful for any person who calls a residential telephone number for the purpose of offering a prize to a consumer to dispatch a courier or other individual to the consumer's home for the purpose of collecting any fees or costs of any kind from the consumer. (b) A violation of this section shall be a Class A misdemeanor. (c) (1) A violation of the provisions of this section shall constitute an unfair and deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq. (2) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be available to the Attorney General for the enforcement of this section. (d) Nothing in this section limits the rights or remedies which are otherwise available to the consumer under any other law. (e) The obligations under this section are cumulative and should in no way be deemed to limit the obligations imposed under any other law. Acts 1999, No. 566, § 1.

(a) (1) No person who calls a residential telephone number for the purpose of offering merchandise for sale shall dispatch a courier or other individual to the residence to collect payment before the consumer has inspected the merchandise. (2) It shall be unlawful for any person who calls a residential telephone number for the purpose of offering a prize to a consumer to dispatch a courier or other individual to the consumer's home for the purpose of collecting any fees or costs of any kind from the consumer.

(1) No person who calls a residential telephone number for the purpose of offering merchandise for sale shall dispatch a courier or other individual to the residence to collect payment before the consumer has inspected the merchandise.

(2) It shall be unlawful for any person who calls a residential telephone number for the purpose of offering a prize to a consumer to dispatch a courier or other individual to the consumer's home for the purpose of collecting any fees or costs of any kind from the consumer.

(b) A violation of this section shall be a Class A misdemeanor.

(c) (1) A violation of the provisions of this section shall constitute an unfair and deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq. (2) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be available to the Attorney General for the enforcement of this section.

(1) A violation of the provisions of this section shall constitute an unfair and deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq.

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

(d) Nothing in this section limits the rights or remedies which are otherwise available to the consumer under any other law.

(e) The obligations under this section are cumulative and should in no way be deemed to limit the obligations imposed under any other law.

Acts 1999, No. 566, § 1.
Ark. Code Ann. § 4-27-1903 — AR Code / Title 4 / Chapter 27 / Subchapter 19 / Section 4-27-1903
Definitions
Status: in_force

As used in this subchapter: (1) "Business" means a person or entity that: (A) Performs a service or engages in a trade for profit and is required by the Internal Revenue Service to file a: (i) Schedule C, Form 1040, Profit or Loss From Business, or its equivalent or successor form; (ii) Schedule E, Form 1040, Supplemental Income and Loss, or its equivalent or successor form; or (iii) Schedule F, Form 1040, Profit or Loss From Farming, or its equivalent or successor form, for that activity; or (B) Is organized as a business under this chapter, including an entity that is required to file an annual report with the Secretary of State, whether or not the entity performs a service or engages in a trade or business for profit; (2) "State business license" means any license issued to a business in this state; and (3) "Wages" means any remuneration paid for personal services, including commissions and bonuses, and payable in any medium other than cash. Added by Act 2015, No. 1190,§ 2, eff. 7/22/2015.

As used in this subchapter:

(1) "Business" means a person or entity that: (A) Performs a service or engages in a trade for profit and is required by the Internal Revenue Service to file a: (i) Schedule C, Form 1040, Profit or Loss From Business, or its equivalent or successor form; (ii) Schedule E, Form 1040, Supplemental Income and Loss, or its equivalent or successor form; or (iii) Schedule F, Form 1040, Profit or Loss From Farming, or its equivalent or successor form, for that activity; or (B) Is organized as a business under this chapter, including an entity that is required to file an annual report with the Secretary of State, whether or not the entity performs a service or engages in a trade or business for profit;

(A) Performs a service or engages in a trade for profit and is required by the Internal Revenue Service to file a: (i) Schedule C, Form 1040, Profit or Loss From Business, or its equivalent or successor form; (ii) Schedule E, Form 1040, Supplemental Income and Loss, or its equivalent or successor form; or (iii) Schedule F, Form 1040, Profit or Loss From Farming, or its equivalent or successor form, for that activity; or

(i) Schedule C, Form 1040, Profit or Loss From Business, or its equivalent or successor form;

(ii) Schedule E, Form 1040, Supplemental Income and Loss, or its equivalent or successor form; or

(iii) Schedule F, Form 1040, Profit or Loss From Farming, or its equivalent or successor form, for that activity; or

(B) Is organized as a business under this chapter, including an entity that is required to file an annual report with the Secretary of State, whether or not the entity performs a service or engages in a trade or business for profit;

(2) "State business license" means any license issued to a business in this state; and

(3) "Wages" means any remuneration paid for personal services, including commissions and bonuses, and payable in any medium other than cash.

Added by Act 2015, No. 1190,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 4-26-812 — AR Code / Title 4 / Chapter 26 / Subchapter 8 / Section 4-26-812
Officers
Status: in_force

(a) (1) The officers of a corporation shall consist of a president, one (1) or more vice presidents as may be prescribed by the bylaws, a secretary, and a treasurer, each of whom shall be elected by the board of directors at such time and in such manner as may be prescribed by the bylaws. (2) Other officers and assistant officers and agents as may be deemed necessary may be elected or appointed by the board of directors or chosen in such other manner as may be prescribed by the bylaws. (3) Any two (2) or more offices may be held by the same person, except the offices of president and secretary; provided, however, in the case of a one-shareholder corporation or where all of the voting stock of a corporation shall be owned by only one (1) stockholder any two (2) or more offices may be held by the same person. (b) All officers and agents of the corporation, as between themselves and the corporation, shall have such authority and perform such duties in the management of the corporation as may be provided in the bylaws, or as may be determined by resolution of the board of directors not inconsistent with the bylaws. Acts 1965, No. 576, § 51; 1971, No. 362, § 1; 1973, No. 8, § 1; 1977, No. 317, § 1; A.S.A. 1947, § 64-310.

(a) (1) The officers of a corporation shall consist of a president, one (1) or more vice presidents as may be prescribed by the bylaws, a secretary, and a treasurer, each of whom shall be elected by the board of directors at such time and in such manner as may be prescribed by the bylaws. (2) Other officers and assistant officers and agents as may be deemed necessary may be elected or appointed by the board of directors or chosen in such other manner as may be prescribed by the bylaws. (3) Any two (2) or more offices may be held by the same person, except the offices of president and secretary; provided, however, in the case of a one-shareholder corporation or where all of the voting stock of a corporation shall be owned by only one (1) stockholder any two (2) or more offices may be held by the same person.

(1) The officers of a corporation shall consist of a president, one (1) or more vice presidents as may be prescribed by the bylaws, a secretary, and a treasurer, each of whom shall be elected by the board of directors at such time and in such manner as may be prescribed by the bylaws.

(2) Other officers and assistant officers and agents as may be deemed necessary may be elected or appointed by the board of directors or chosen in such other manner as may be prescribed by the bylaws.

(3) Any two (2) or more offices may be held by the same person, except the offices of president and secretary; provided, however, in the case of a one-shareholder corporation or where all of the voting stock of a corporation shall be owned by only one (1) stockholder any two (2) or more offices may be held by the same person.

(b) All officers and agents of the corporation, as between themselves and the corporation, shall have such authority and perform such duties in the management of the corporation as may be provided in the bylaws, or as may be determined by resolution of the board of directors not inconsistent with the bylaws.

Acts 1965, No. 576, § 51; 1971, No. 362, § 1; 1973, No. 8, § 1; 1977, No. 317, § 1; A.S.A. 1947, § 64-310.
Ark. Code Ann. § 4-28-603 — AR Code / Title 4 / Chapter 28 / Subchapter 6 / Section 4-28-603
Relation to other law
Status: in_force

(a) Principles of law and equity supplement this subchapter unless displaced by a particular provision of it. (b) A statute governing a specific type of unincorporated nonprofit association prevails over an inconsistent provision in this subchapter, to the extent of the inconsistency. (c) This subchapter supplements the law of this state that applies to nonprofit associations operating in this state. If a conflict exists, that law applies. Acts 2011, No. 202, § 2.

(a) Principles of law and equity supplement this subchapter unless displaced by a particular provision of it.

(b) A statute governing a specific type of unincorporated nonprofit association prevails over an inconsistent provision in this subchapter, to the extent of the inconsistency.

(c) This subchapter supplements the law of this state that applies to nonprofit associations operating in this state. If a conflict exists, that law applies.

Acts 2011, No. 202, § 2.
Ark. Code Ann. § 4-116-108 — AR Code / Title 4 / Chapter 116 / Section 4-116-108
Remedies
Status: in_force

(a) A facilitator who violates a provision of this chapter is in violation of the Deceptive Trade Practices Act, § 4-88-101 et seq., and a consumer shall have all rights and remedies provided under this law. (b) A facilitator who willfully fails to comply with any provision of this chapter is liable to the consumer for: (1) Actual and consequential damages; (2) Statutory damages of one thousand dollars ($1,000); and (3) Reasonable attorney's fees and costs. Acts 2009, No. 1402, § 1.

(a) A facilitator who violates a provision of this chapter is in violation of the Deceptive Trade Practices Act, § 4-88-101 et seq., and a consumer shall have all rights and remedies provided under this law.

(b) A facilitator who willfully fails to comply with any provision of this chapter is liable to the consumer for: (1) Actual and consequential damages; (2) Statutory damages of one thousand dollars ($1,000); and (3) Reasonable attorney's fees and costs.

(1) Actual and consequential damages;

(2) Statutory damages of one thousand dollars ($1,000); and

(3) Reasonable attorney's fees and costs.

Acts 2009, No. 1402, § 1.
Ark. Code Ann. § 4-36-102 — AR Code / Title 4 / Chapter 36 / Subchapter 1 / Section 4-36-102
Application of chapter
Status: in_force

(a) This chapter shall apply to all benefit corporations. (b) This chapter does not imply that a contrary statute or rule of law applies to a business corporation that is not a benefit corporation. (c) (1) Except as otherwise provided in this chapter, the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq., is generally applicable to a benefit corporation. (2) Specific provisions of this chapter shall control over the general provisions of the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq. (3) A benefit corporation may be simultaneously subject to this chapter and other statutes that provide for the incorporation of a specific type of business corporation. (d) The articles of incorporation or bylaws of a benefit corporation shall not limit, relax, be inconsistent with, or supersede this chapter. Added by Act 2013, No. 1388,§ 1, eff. 8/16/2013.

(a) This chapter shall apply to all benefit corporations.

(b) This chapter does not imply that a contrary statute or rule of law applies to a business corporation that is not a benefit corporation.

(c) (1) Except as otherwise provided in this chapter, the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq., is generally applicable to a benefit corporation. (2) Specific provisions of this chapter shall control over the general provisions of the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq. (3) A benefit corporation may be simultaneously subject to this chapter and other statutes that provide for the incorporation of a specific type of business corporation.

(1) Except as otherwise provided in this chapter, the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq., is generally applicable to a benefit corporation.

(2) Specific provisions of this chapter shall control over the general provisions of the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq.

(3) A benefit corporation may be simultaneously subject to this chapter and other statutes that provide for the incorporation of a specific type of business corporation.

(d) The articles of incorporation or bylaws of a benefit corporation shall not limit, relax, be inconsistent with, or supersede this chapter.

Added by Act 2013, No. 1388,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 4-37-503 — AR Code / Title 4 / Chapter 37 / Subchapter 5 / Section 4-37-503
Effect of reinstatement of series limited liability company or revocation of voluntary dissolution
Status: in_force

If a series limited liability company that has been administratively dissolved is reinstated, or a series limited liability company that voluntarily dissolved rescinds its dissolution: (1) each protected series of the company ceases winding up; and (2) section 4-38-202 applies to each protected series of the company in accordance with § 4-37-108 . Amended by Act 2021, No. 1041,§ 19, eff. 7/28/2021. Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.

If a series limited liability company that has been administratively dissolved is reinstated, or a series limited liability company that voluntarily dissolved rescinds its dissolution:

(1) each protected series of the company ceases winding up; and

(2) section 4-38-202 applies to each protected series of the company in accordance with § 4-37-108 .

Amended by Act 2021, No. 1041,§ 19, eff. 7/28/2021.

Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 4-32-801 — AR Code / Title 4 / Chapter 32 / Subchapter 8 / Section 4-32-801
through 4-32-802 - [Repealed]
Status: repealed

Repealed by Act 2021, No. 1041,§ 1, eff. 7/28/2021. Acts 1993, No. 1003, § 801.

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

Acts 1993, No. 1003, § 801.
Ark. Code Ann. § 4-88-804 — AR Code / Title 4 / Chapter 88 / Subchapter 8 / Section 4-88-804
Enforcement
Status: in_force

A violation of this subchapter is a deceptive and unconscionable trade practice under the Deceptive Trade Practices Act, § 4-88-101 et seq. Acts 2009, No. 769, § 1.

A violation of this subchapter is a deceptive and unconscionable trade practice under the Deceptive Trade Practices Act, § 4-88-101 et seq.

Acts 2009, No. 769, § 1.
Ark. Code Ann. § 4-90-412 — AR Code / Title 4 / Chapter 90 / Subchapter 4 / Section 4-90-412
Resale of returned nonconforming vehicle
Status: in_force

(a) If a motor vehicle has been replaced or repurchased by a manufacturer as the result of a court judgment, an arbitration award, or any voluntary agreement entered into between a manufacturer or a manufacturer through its authorized dealer and a consumer that occurs after a consumer has notified the manufacturer of the consumer's desire to utilize the informal dispute settlement proceeding pursuant to this subchapter or a similar law of another state, the motor vehicle may not be resold in Arkansas unless: (1) The manufacturer provides the same express warranty the manufacturer provided to the original purchaser, except that the term of the warranty need only last for twelve thousand (12,000) miles or twelve (12) months after the date of resale, whichever occurs first; and (2) The manufacturer provides a written disclosure, signed by the consumer, indicating that the vehicle was returned to the manufacturer because of a nonconformity not cured within a reasonable time as provided by Arkansas law. (b) The written disclosure required by this section applies to the first resale to a retail customer of the vehicle in Arkansas by the manufacturer or its authorized dealer. Acts 1993, No. 285, § 14; 1993, No. 297, § 14; 2001, No. 1134, § 6.

(a) If a motor vehicle has been replaced or repurchased by a manufacturer as the result of a court judgment, an arbitration award, or any voluntary agreement entered into between a manufacturer or a manufacturer through its authorized dealer and a consumer that occurs after a consumer has notified the manufacturer of the consumer's desire to utilize the informal dispute settlement proceeding pursuant to this subchapter or a similar law of another state, the motor vehicle may not be resold in Arkansas unless: (1) The manufacturer provides the same express warranty the manufacturer provided to the original purchaser, except that the term of the warranty need only last for twelve thousand (12,000) miles or twelve (12) months after the date of resale, whichever occurs first; and (2) The manufacturer provides a written disclosure, signed by the consumer, indicating that the vehicle was returned to the manufacturer because of a nonconformity not cured within a reasonable time as provided by Arkansas law.

(1) The manufacturer provides the same express warranty the manufacturer provided to the original purchaser, except that the term of the warranty need only last for twelve thousand (12,000) miles or twelve (12) months after the date of resale, whichever occurs first; and

(2) The manufacturer provides a written disclosure, signed by the consumer, indicating that the vehicle was returned to the manufacturer because of a nonconformity not cured within a reasonable time as provided by Arkansas law.

(b) The written disclosure required by this section applies to the first resale to a retail customer of the vehicle in Arkansas by the manufacturer or its authorized dealer.

Acts 1993, No. 285, § 14; 1993, No. 297, § 14; 2001, No. 1134, § 6.
Ark. Code Ann. § 4-36-302 — AR Code / Title 4 / Chapter 36 / Subchapter 3 / Section 4-36-302
Benefit director
Status: in_force

(a) The board of directors of a benefit corporation may include a director who: (1) Is designated the benefit director; and (2) Has the powers, duties, rights, and immunities provided in this subchapter in addition to the powers, duties, rights, and immunities of the other directors of the benefit corporation. (b) (1) The benefit director is elected and may be removed under § 4-27-803 . (2) The benefit director shall be an independent individual. (c) The benefit director may serve concurrently as the benefit officer and the benefit director. (d) The articles of incorporation or bylaws of a benefit corporation may prescribe additional qualifications of the benefit director not inconsistent with this section. (e) The benefit director shall prepare and the benefit corporation shall include in the annual benefit report to shareholders as required by § 4-36-401 the opinion of the benefit director on: (1) Whether the benefit corporation acted under its general public benefit purpose and a specific public benefit purpose in all material respects during the period covered by the report; (2) Whether the directors complied with § 4-36-301(a) and the officers complied with § 4-36-303(a) ; and (3) Whether the benefit corporation or its directors or officers failed to comply with this section, including a description of the ways in which the benefit corporation or its directors or officers failed to comply. (f) The action or inaction of an individual in the capacity of a benefit director is an action or inaction of that individual in the capacity of a director of the benefit corporation. (g) Regardless of whether the bylaws of a benefit corporation include a provision eliminating or limiting the personal liability of directors authorized by § 4-26-811 , a benefit director shall not be personally liable for an act or omission in the capacity of a benefit director unless the act or omission constitutes self-dealing, willful misconduct, or a knowing violation of law. (h) The benefit director of a professional corporation does not need to be independent. Added by Act 2013, No. 1388,§ 1, eff. 8/16/2013.

(a) The board of directors of a benefit corporation may include a director who: (1) Is designated the benefit director; and (2) Has the powers, duties, rights, and immunities provided in this subchapter in addition to the powers, duties, rights, and immunities of the other directors of the benefit corporation.

(1) Is designated the benefit director; and

(2) Has the powers, duties, rights, and immunities provided in this subchapter in addition to the powers, duties, rights, and immunities of the other directors of the benefit corporation.

(b) (1) The benefit director is elected and may be removed under § 4-27-803 . (2) The benefit director shall be an independent individual.

(1) The benefit director is elected and may be removed under § 4-27-803 .

(2) The benefit director shall be an independent individual.

(c) The benefit director may serve concurrently as the benefit officer and the benefit director.

(d) The articles of incorporation or bylaws of a benefit corporation may prescribe additional qualifications of the benefit director not inconsistent with this section.

(e) The benefit director shall prepare and the benefit corporation shall include in the annual benefit report to shareholders as required by § 4-36-401 the opinion of the benefit director on: (1) Whether the benefit corporation acted under its general public benefit purpose and a specific public benefit purpose in all material respects during the period covered by the report; (2) Whether the directors complied with § 4-36-301(a) and the officers complied with § 4-36-303(a) ; and (3) Whether the benefit corporation or its directors or officers failed to comply with this section, including a description of the ways in which the benefit corporation or its directors or officers failed to comply.

(1) Whether the benefit corporation acted under its general public benefit purpose and a specific public benefit purpose in all material respects during the period covered by the report;

(2) Whether the directors complied with § 4-36-301(a) and the officers complied with § 4-36-303(a) ; and

(3) Whether the benefit corporation or its directors or officers failed to comply with this section, including a description of the ways in which the benefit corporation or its directors or officers failed to comply.

(f) The action or inaction of an individual in the capacity of a benefit director is an action or inaction of that individual in the capacity of a director of the benefit corporation.

(g) Regardless of whether the bylaws of a benefit corporation include a provision eliminating or limiting the personal liability of directors authorized by § 4-26-811 , a benefit director shall not be personally liable for an act or omission in the capacity of a benefit director unless the act or omission constitutes self-dealing, willful misconduct, or a knowing violation of law.

(h) The benefit director of a professional corporation does not need to be independent.

Added by Act 2013, No. 1388,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 4-96-304 — AR Code / Title 4 / Chapter 96 / Subchapter 3 / Section 4-96-304
Right to repair
Status: in_force

After notice is provided under § 4-96-303 , a manufacturer, a distributor, or an authorized dealer shall have the right to repair a nonconformity of farm machinery: (1) (A) Three (3) times for the same repair issue or thirty (30) days out of service for the same issue under this subchapter. (B) The cost of three (3) repairs shall equal at least thirty percent (30%) of the total purchase price of the farm machinery in order to trigger recourse under this subchapter; or (2) (A) Five (5) times for all issues or sixty (60) days of out of service time. (B) The cost of five (5) repairs under subdivision (2)(A) of this section shall be equal to at least fifty percent (50%) of the total purchase price of the farm machinery in order to trigger recourse under this subchapter. (C) Days of out of service time do not count for the purposes of subdivision (1)(A) of this section if the authorized dealer provides comparable farm machinery. Added by Act 2019, No. 588,§ 1, eff. 7/24/2019.

After notice is provided under § 4-96-303 , a manufacturer, a distributor, or an authorized dealer shall have the right to repair a nonconformity of farm machinery:

(1) (A) Three (3) times for the same repair issue or thirty (30) days out of service for the same issue under this subchapter. (B) The cost of three (3) repairs shall equal at least thirty percent (30%) of the total purchase price of the farm machinery in order to trigger recourse under this subchapter; or

(A) Three (3) times for the same repair issue or thirty (30) days out of service for the same issue under this subchapter.

(B) The cost of three (3) repairs shall equal at least thirty percent (30%) of the total purchase price of the farm machinery in order to trigger recourse under this subchapter; or

(2) (A) Five (5) times for all issues or sixty (60) days of out of service time. (B) The cost of five (5) repairs under subdivision (2)(A) of this section shall be equal to at least fifty percent (50%) of the total purchase price of the farm machinery in order to trigger recourse under this subchapter. (C) Days of out of service time do not count for the purposes of subdivision (1)(A) of this section if the authorized dealer provides comparable farm machinery.

(A) Five (5) times for all issues or sixty (60) days of out of service time.

(B) The cost of five (5) repairs under subdivision (2)(A) of this section shall be equal to at least fifty percent (50%) of the total purchase price of the farm machinery in order to trigger recourse under this subchapter.

(C) Days of out of service time do not count for the purposes of subdivision (1)(A) of this section if the authorized dealer provides comparable farm machinery.

Added by Act 2019, No. 588,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 4-113-106 — AR Code / Title 4 / Chapter 113 / Section 4-113-106
[Repealed]
Status: repealed

Repealed by Act 2019, No. 1091,§ 1, eff. 7/24/2019. Acts 2009, No. 947, § 4.

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

Acts 2009, No. 947, § 4.
Ark. Code Ann. § 4-47-1105 — AR Code / Title 4 / Chapter 47 / Subchapter 11 / Section 4-47-1105
Effect of conversion
Status: in_force

(a) An organization that has been converted pursuant to this subchapter is for all purposes the same entity that existed before the conversion. (b) When a conversion takes effect: (1) all property owned by the converting organization remains vested in the converted organization; (2) all debts, liabilities, and other obligations of the converting organization continue as obligations of the converted organization; (3) an action or proceeding pending by or against the converting organization may be continued as if the conversion had not occurred; (4) except as prohibited by other law, all of the rights, privileges, immunities, powers, and purposes of the converting organization remain vested in the converted organization; (5) except as otherwise provided in the plan of conversion, the terms and conditions of the plan of conversion take effect; and (6) except as otherwise agreed, the conversion does not dissolve a converting limited partnership for the purposes of subchapter 8. (c) A converted organization that is a foreign organization consents to the jurisdiction of the courts of this State to enforce any obligation owed by the converting limited partnership, if before the conversion the converting limited partnership was subject to suit in this State on the obligation. A converted 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 converted organization: (1) fails to appoint an agent for service of process under § 4-20-112 ; (2) no longer has an agent for service of process; or (3) has an agent for service of process that cannot with reasonable diligence be served. Acts 2007, No. 15, § 1; 2007, No. 638, § 66; 2009, No. 814, § 17.

(a) An organization that has been converted pursuant to this subchapter is for all purposes the same entity that existed before the conversion.

(b) When a conversion takes effect: (1) all property owned by the converting organization remains vested in the converted organization; (2) all debts, liabilities, and other obligations of the converting organization continue as obligations of the converted organization; (3) an action or proceeding pending by or against the converting organization may be continued as if the conversion had not occurred; (4) except as prohibited by other law, all of the rights, privileges, immunities, powers, and purposes of the converting organization remain vested in the converted organization; (5) except as otherwise provided in the plan of conversion, the terms and conditions of the plan of conversion take effect; and (6) except as otherwise agreed, the conversion does not dissolve a converting limited partnership for the purposes of subchapter 8.

(1) all property owned by the converting organization remains vested in the converted organization;

(2) all debts, liabilities, and other obligations of the converting organization continue as obligations of the converted organization;

(3) an action or proceeding pending by or against the converting organization may be continued as if the conversion had not occurred;

(4) except as prohibited by other law, all of the rights, privileges, immunities, powers, and purposes of the converting organization remain vested in the converted organization;

(5) except as otherwise provided in the plan of conversion, the terms and conditions of the plan of conversion take effect; and

(6) except as otherwise agreed, the conversion does not dissolve a converting limited partnership for the purposes of subchapter 8.

(c) A converted organization that is a foreign organization consents to the jurisdiction of the courts of this State to enforce any obligation owed by the converting limited partnership, if before the conversion the converting limited partnership was subject to suit in this State on the obligation. A converted 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 converted organization: (1) fails to appoint an agent for service of process under § 4-20-112 ; (2) no longer has an agent for service of process; or (3) has an agent for service of process that cannot with reasonable diligence be served.

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

(2) no longer has an agent for service of process; or

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

Acts 2007, No. 15, § 1; 2007, No. 638, § 66; 2009, No. 814, § 17.
Ark. Code Ann. § 4-94-107 — AR Code / Title 4 / Chapter 94 / Section 4-94-107
Payment period
Status: in_force

No contract for health spa services shall require payments or financing by the buyer over a period in excess of twenty-five (25) months from the date the contract is entered into, nor shall the term of any contract be measured by or be for the life of the buyer; however, the availability of the health spa facilities to the buyer and under the contract may extend over a period not to exceed two (2) years from the date the contract is entered into, with the right to renew for additional periods of equal length. Acts 1989, No. 264, § 4.

No contract for health spa services shall require payments or financing by the buyer over a period in excess of twenty-five (25) months from the date the contract is entered into, nor shall the term of any contract be measured by or be for the life of the buyer; however, the availability of the health spa facilities to the buyer and under the contract may extend over a period not to exceed two (2) years from the date the contract is entered into, with the right to renew for additional periods of equal length.

Acts 1989, No. 264, § 4.
Ark. Code Ann. § 4-75-605 — AR Code / Title 4 / Chapter 75 / Subchapter 6 / Section 4-75-605
Preservation of secrecy
Status: in_force

In an action under this subchapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval. Acts 1981, No. 439, § 5; A.S.A. 1947, § 70-1005.

In an action under this subchapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.

Acts 1981, No. 439, § 5; A.S.A. 1947, § 70-1005.
Ark. Code Ann. § 4-46-502 — AR Code / Title 4 / Chapter 46 / Subchapter 5 / Section 4-46-502
Partner's transferable interest in partnership
Status: in_force

The only transferable interest of a partner in the partnership is the partner's share of the profits and losses of the partnership and the partner's right to receive distributions. The interest is personal property. Acts 1999, No. 1518, § 502.

The only transferable interest of a partner in the partnership is the partner's share of the profits and losses of the partnership and the partner's right to receive distributions. The interest is personal property.

Acts 1999, No. 1518, § 502.
Ark. Code Ann. § 4-37-604 — AR Code / Title 4 / Chapter 37 / Subchapter 6 / Section 4-37-604
Merger authorized - Parties restricted
Status: in_force

A series limited liability company may be party to a merger in accordance with § 4-38-1021 , this section, and § 4-37-605 through 4-37-608 only if: (1) each other party to the merger is a domestic limited liability company; and (2) the surviving company is not created in the merger. Amended by Act 2021, No. 1041,§ 20, eff. 7/28/2021. Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.

A series limited liability company may be party to a merger in accordance with § 4-38-1021 , this section, and § 4-37-605 through 4-37-608 only if:

(1) each other party to the merger is a domestic limited liability company; and

(2) the surviving company is not created in the merger.

Amended by Act 2021, No. 1041,§ 20, eff. 7/28/2021.

Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 4-110-106 — AR Code / Title 4 / Chapter 110 / Section 4-110-106
Exemptions
Status: in_force

(a) (1) The provisions of this chapter do not apply to a person or business that is regulated by a state or federal law that provides greater protection to personal information and at least as thorough disclosure requirements for breaches of the security of personal information than that provided by this chapter. (2) Compliance with the state or federal law shall be deemed compliance with this chapter with regard to the subjects covered by this chapter. (b) This section does not relieve a person or business from a duty to comply with any other requirements of other state and federal law regarding the protection and privacy of personal information. Acts 2005, No. 1526, § 1.

(a) (1) The provisions of this chapter do not apply to a person or business that is regulated by a state or federal law that provides greater protection to personal information and at least as thorough disclosure requirements for breaches of the security of personal information than that provided by this chapter. (2) Compliance with the state or federal law shall be deemed compliance with this chapter with regard to the subjects covered by this chapter.

(1) The provisions of this chapter do not apply to a person or business that is regulated by a state or federal law that provides greater protection to personal information and at least as thorough disclosure requirements for breaches of the security of personal information than that provided by this chapter.

(2) Compliance with the state or federal law shall be deemed compliance with this chapter with regard to the subjects covered by this chapter.

(b) This section does not relieve a person or business from a duty to comply with any other requirements of other state and federal law regarding the protection and privacy of personal information.

Acts 2005, No. 1526, § 1.
Ark. Code Ann. § 4-46-807 — AR Code / Title 4 / Chapter 46 / Subchapter 8 / Section 4-46-807
Settlement of accounts and contributions among partners
Status: in_force

(a) In winding up a partnership's business, the assets of the partnership, including the contributions of the partners required by this section, must be applied to discharge its obligations to creditors, including, to the extent permitted by law, partners who are creditors. Any surplus must be applied to pay in cash the net amount distributable to partners in accordance with their right to distributions under subsection (b) of this section. (b) Each partner is entitled to a settlement of all partnership accounts upon winding up the partnership business. In settling accounts among the partners, profits and losses that result from the liquidation of the partnership assets must be credited and charged to the partners' accounts. The partnership shall make a distribution to a partner in an amount equal to any excess of the credits over the charges in the partner's account. A partner shall contribute to the partnership an amount equal to any excess of the charges over the credits in the partner's account but excluding from the calculation charges attributable to an obligation for which the partner is not personally liable under § 4-46-306 . (c) If a partner fails to contribute the full amount required under subsection (b) of this section, all of the other partners shall contribute, in the proportions in which those partners share partnership losses, the additional amount necessary to satisfy the partnership obligations for which they are personally liable under § 4-46-306 . A partner or partner's legal representative may recover from the other partners any contributions the partner makes to the extent the amount contributed exceeds that partner's share of the partnership obligations for which the partner is personally liable under § 4-46-306 . (d) After the settlement of accounts, each partner shall contribute, in the proportion in which the partner shares partnership losses, the amount necessary to satisfy partnership obligations that were not known at the time of the settlement and for which the partner is personally liable under § 4-46-306 . (e) The estate of a deceased partner is liable for the partner's obligation to contribute to the partnership. (f) An assignee for the benefit of creditors of a partnership or a partner, or a person appointed by a court to represent creditors of a partnership or a partner, may enforce a partner's obligation to contribute to the partnership. Acts 1999, No. 1518, § 807.

(a) In winding up a partnership's business, the assets of the partnership, including the contributions of the partners required by this section, must be applied to discharge its obligations to creditors, including, to the extent permitted by law, partners who are creditors. Any surplus must be applied to pay in cash the net amount distributable to partners in accordance with their right to distributions under subsection (b) of this section.

(b) Each partner is entitled to a settlement of all partnership accounts upon winding up the partnership business. In settling accounts among the partners, profits and losses that result from the liquidation of the partnership assets must be credited and charged to the partners' accounts. The partnership shall make a distribution to a partner in an amount equal to any excess of the credits over the charges in the partner's account. A partner shall contribute to the partnership an amount equal to any excess of the charges over the credits in the partner's account but excluding from the calculation charges attributable to an obligation for which the partner is not personally liable under § 4-46-306 .

(c) If a partner fails to contribute the full amount required under subsection (b) of this section, all of the other partners shall contribute, in the proportions in which those partners share partnership losses, the additional amount necessary to satisfy the partnership obligations for which they are personally liable under § 4-46-306 . A partner or partner's legal representative may recover from the other partners any contributions the partner makes to the extent the amount contributed exceeds that partner's share of the partnership obligations for which the partner is personally liable under § 4-46-306 .

(d) After the settlement of accounts, each partner shall contribute, in the proportion in which the partner shares partnership losses, the amount necessary to satisfy partnership obligations that were not known at the time of the settlement and for which the partner is personally liable under § 4-46-306 .

(e) The estate of a deceased partner is liable for the partner's obligation to contribute to the partnership.

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

Acts 1999, No. 1518, § 807.
Ark. Code Ann. § 4-30-105 — AR Code / Title 4 / Chapter 30 / Subchapter 1 / Section 4-30-105
Administration of chapter
Status: in_force

The provisions of this chapter shall be administered by the Secretary of State, who shall have power to employ such help as in his or her judgment is necessary to carry into effect the provisions of this chapter. Acts 1921, No. 632, § 1; Pope's Dig., § 2262; A.S.A. 1947, §§ 64-1501, 64-1502.

The provisions of this chapter shall be administered by the Secretary of State, who shall have power to employ such help as in his or her judgment is necessary to carry into effect the provisions of this chapter.

Acts 1921, No. 632, § 1; Pope's Dig., § 2262; A.S.A. 1947, §§ 64-1501, 64-1502.
Ark. Code Ann. § 4-46-803 — AR Code / Title 4 / Chapter 46 / Subchapter 8 / Section 4-46-803
Right to wind up partnership business
Status: in_force

(a) After dissolution, a partner who has not wrongfully dissociated may participate in winding up the partnership's business, but on application of any partner, partner's legal representative, or transferee, the court, for good cause shown, may order judicial supervision of the winding up. (b) The legal representative of the last surviving partner may wind up a partnership's business. (c) A person winding up a partnership's business may preserve the partnership business or property as a going concern for a reasonable time, prosecute and defend actions and proceedings, whether civil, criminal, or administrative, settle and close the partnership's business, dispose of and transfer the partnership's property, discharge the partnership's liabilities, distribute the assets of the partnership pursuant to § 4-46-807 , settle disputes by mediation or arbitration, and perform other necessary acts. Acts 1999, No. 1518, § 803.

(a) After dissolution, a partner who has not wrongfully dissociated may participate in winding up the partnership's business, but on application of any partner, partner's legal representative, or transferee, the court, for good cause shown, may order judicial supervision of the winding up.

(b) The legal representative of the last surviving partner may wind up a partnership's business.

(c) A person winding up a partnership's business may preserve the partnership business or property as a going concern for a reasonable time, prosecute and defend actions and proceedings, whether civil, criminal, or administrative, settle and close the partnership's business, dispose of and transfer the partnership's property, discharge the partnership's liabilities, distribute the assets of the partnership pursuant to § 4-46-807 , settle disputes by mediation or arbitration, and perform other necessary acts.

Acts 1999, No. 1518, § 803.
Ark. Code Ann. § 4-115-102 — AR Code / Title 4 / Chapter 115 / Section 4-115-102
Penalties and enforcement
Status: in_force

(a) A violation of the provisions of this chapter by a person or entity providing credit card processing service shall constitute an unfair and deceptive act or practice, as defined by § 4-88-101 et seq. (b) All remedies, penalties, and authority granted to the Attorney General under § 4-88-101 et seq. shall be available to the Attorney General for the enforcement of this chapter. Acts 2007, No. 911, § 1; 2009, No. 624, § 1.

(a) A violation of the provisions of this chapter by a person or entity providing credit card processing service shall constitute an unfair and deceptive act or practice, as defined by § 4-88-101 et seq.

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

Acts 2007, No. 911, § 1; 2009, No. 624, § 1.
Ark. Code Ann. § 4-74-102 — AR Code / Title 4 / Chapter 74 / Section 4-74-102
Penalty
Status: in_force

Any person conducting a going-out-of-business sale contrary to the provisions of this chapter who shall fail or refuse to comply with the requirements of this chapter or who shall violate any provision of this chapter shall be guilty of a Class A misdemeanor. Acts 1983, No. 297, § 8; A.S.A. 1947, § 71-5508.

Any person conducting a going-out-of-business sale contrary to the provisions of this chapter who shall fail or refuse to comply with the requirements of this chapter or who shall violate any provision of this chapter shall be guilty of a Class A misdemeanor.

Acts 1983, No. 297, § 8; A.S.A. 1947, § 71-5508.
Ark. Code Ann. § 4-59-301 — AR Code / Title 4 / Chapter 59 / Subchapter 3 / Section 4-59-301
Issuance of bill for goods not received
Status: in_force

Any officer, agent, or servant of a carrier who with intent to defraud issues or aids in issuing a bill, knowing that all or any part of the goods for which the bill is issued have not been received by the carrier or by an agent of the carrier or by a connecting carrier or are not under the carrier's control at the time of issuing the bill, shall be guilty of a Class D felony. Acts 1941, No. 264, § 44; A.S.A. 1947, § 68-1144; Acts 2005, No. 1994, § 421.

Any officer, agent, or servant of a carrier who with intent to defraud issues or aids in issuing a bill, knowing that all or any part of the goods for which the bill is issued have not been received by the carrier or by an agent of the carrier or by a connecting carrier or are not under the carrier's control at the time of issuing the bill, shall be guilty of a Class D felony.

Acts 1941, No. 264, § 44; A.S.A. 1947, § 68-1144; Acts 2005, No. 1994, § 421.
Ark. Code Ann. § 4-112-110 — AR Code / Title 4 / Chapter 112 / Section 4-112-110
Entities not required to place security freeze
Status: in_force

The following entities are not required to place a security freeze on a credit report: (1) (A) A consumer reporting agency that acts only as a reseller of credit information by assembling and merging information contained in the database of another consumer reporting agency or multiple consumer reporting agencies and does not maintain a permanent database of credit information from which new credit reports are produced. (B) However, a consumer reporting agency acting as a reseller shall honor any security freeze placed on a credit report by another consumer reporting agency; (2) A check services or fraud prevention services company that issues reports on incidents of fraud or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payments; or (3) A deposit account information service company that issues reports regarding account closures due to fraud, substantial overdrafts, automatic teller machine abuse, or similar negative information regarding a consumer to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution. Acts 2007, No. 391, § 1; 2009, No. 223, § 1.

The following entities are not required to place a security freeze on a credit report:

(1) (A) A consumer reporting agency that acts only as a reseller of credit information by assembling and merging information contained in the database of another consumer reporting agency or multiple consumer reporting agencies and does not maintain a permanent database of credit information from which new credit reports are produced. (B) However, a consumer reporting agency acting as a reseller shall honor any security freeze placed on a credit report by another consumer reporting agency;

(A) A consumer reporting agency that acts only as a reseller of credit information by assembling and merging information contained in the database of another consumer reporting agency or multiple consumer reporting agencies and does not maintain a permanent database of credit information from which new credit reports are produced.

(B) However, a consumer reporting agency acting as a reseller shall honor any security freeze placed on a credit report by another consumer reporting agency;

(2) A check services or fraud prevention services company that issues reports on incidents of fraud or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payments; or

(3) A deposit account information service company that issues reports regarding account closures due to fraud, substantial overdrafts, automatic teller machine abuse, or similar negative information regarding a consumer to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution.

Acts 2007, No. 391, § 1; 2009, No. 223, § 1.
Ark. Code Ann. § 4-30-117 — AR Code / Title 4 / Chapter 30 / Subchapter 1 / Section 4-30-117
Liability of members for association's debts
Status: in_force

Except for debts lawfully contracted between him or her and the association, no member shall be liable for the debts of the association to an amount exceeding the sum remaining unpaid on his or her membership fee or subscription to the capital stock, including any unpaid balance on any promissory notes given in payment thereof. Acts 1921, No. 632, § 16; Pope's Dig., § 2277; A.S.A. 1947, § 64-1516.

Except for debts lawfully contracted between him or her and the association, no member shall be liable for the debts of the association to an amount exceeding the sum remaining unpaid on his or her membership fee or subscription to the capital stock, including any unpaid balance on any promissory notes given in payment thereof.

Acts 1921, No. 632, § 16; Pope's Dig., § 2277; A.S.A. 1947, § 64-1516.
Ark. Code Ann. § 4-20-105 — AR Code / Title 4 / Chapter 20 / Section 4-20-105
Appointment of registered agent
Status: in_force

(a) A registered agent filing must state: (1) the name of the represented entity's commercial registered agent; or (2) if the entity does not have a commercial registered agent, the name and address of the entity's noncommercial registered agent: (A) the name and address of the entity's registered agent; or (B) the title of an office or other position with the entity if service of process is to be sent to the person holding that office or position, and the address of the business office of that person. (b) The appointment of a registered agent pursuant to subsection (a)(1) or (2) is an affirmation by the represented entity that the agent has consented to serve as such. (c) The Secretary of State shall make available in a record as soon as practicable a daily list of filings that contain the name of a registered agent. The list must: (1) be kept available for at least 14 calendar days; (2) list in alphabetical order the names of the registered agents; and (3) state the type of filing and name of the represented entity making the filing. Acts 2007, No. 638, § 1.

(a) A registered agent filing must state: (1) the name of the represented entity's commercial registered agent; or (2) if the entity does not have a commercial registered agent, the name and address of the entity's noncommercial registered agent: (A) the name and address of the entity's registered agent; or (B) the title of an office or other position with the entity if service of process is to be sent to the person holding that office or position, and the address of the business office of that person.

(1) the name of the represented entity's commercial registered agent; or

(2) if the entity does not have a commercial registered agent, the name and address of the entity's noncommercial registered agent: (A) the name and address of the entity's registered agent; or (B) the title of an office or other position with the entity if service of process is to be sent to the person holding that office or position, and the address of the business office of that person.

(A) the name and address of the entity's registered agent; or

(B) the title of an office or other position with the entity if service of process is to be sent to the person holding that office or position, and the address of the business office of that person.

(b) The appointment of a registered agent pursuant to subsection (a)(1) or (2) is an affirmation by the represented entity that the agent has consented to serve as such.

(c) The Secretary of State shall make available in a record as soon as practicable a daily list of filings that contain the name of a registered agent. The list must: (1) be kept available for at least 14 calendar days; (2) list in alphabetical order the names of the registered agents; and (3) state the type of filing and name of the represented entity making the filing.

(1) be kept available for at least 14 calendar days;

(2) list in alphabetical order the names of the registered agents; and

(3) state the type of filing and name of the represented entity making the filing.

Acts 2007, No. 638, § 1.
Ark. Code Ann. § 4-30-104 — AR Code / Title 4 / Chapter 30 / Subchapter 1 / Section 4-30-104
Acceptance of benefits of chapter
Status: in_force

(a) All cooperative corporations, companies, or associations organized and doing business under prior statutes, or which have attempted to so organize and do business, shall have the benefit of all the provisions of this chapter and may be bound thereby on paying the fees provided for in this chapter and filing with the Secretary of State a written declaration signed and sworn to by its president and secretary, to the effect that the cooperative company or association has by a majority vote of its stockholders decided to accept the benefits of and be bound by the provisions of this chapter. (b) No association organized under this chapter shall be required to do or perform anything not specifically required herein in order to become a corporation or to continue its business as such. Acts 1921, No. 632, § 11; Pope's Dig., § 2272; A.S.A. 1947, § 64-1512.

(a) All cooperative corporations, companies, or associations organized and doing business under prior statutes, or which have attempted to so organize and do business, shall have the benefit of all the provisions of this chapter and may be bound thereby on paying the fees provided for in this chapter and filing with the Secretary of State a written declaration signed and sworn to by its president and secretary, to the effect that the cooperative company or association has by a majority vote of its stockholders decided to accept the benefits of and be bound by the provisions of this chapter.

(b) No association organized under this chapter shall be required to do or perform anything not specifically required herein in order to become a corporation or to continue its business as such.

Acts 1921, No. 632, § 11; Pope's Dig., § 2272; A.S.A. 1947, § 64-1512.
Ark. Code Ann. § 4-72-211 — AR Code / Title 4 / Chapter 72 / Subchapter 2 / Section 4-72-211
Venue restriction - Void
Status: in_force

Any provision of a franchise agreement that restricts venue to a forum outside the State of Arkansas is void with respect to any claims arising under or relating to a franchise agreement involving a franchise operating or conducting business in this state. Added by Act 2023, No. 847,§ 5, eff. 8/1/2023, app. only to franchise agreements or contracts entered into or renewed on and after the effective date of this act..

Any provision of a franchise agreement that restricts venue to a forum outside the State of Arkansas is void with respect to any claims arising under or relating to a franchise agreement involving a franchise operating or conducting business in this state.

Added by Act 2023, No. 847,§ 5, eff. 8/1/2023, app. only to franchise agreements or contracts entered into or renewed on and after the effective date of this act..
Ark. Code Ann. § 4-89-108 — AR Code / Title 4 / Chapter 89 / Section 4-89-108
Requirements for enforceable sale - Notice of right to cancellation required
Status: in_force

(a) A home solicitation sale is not enforceable by way of action or defense unless there is a writing which: (1) Is sufficient to indicate that a contract for sale has been made between the parties; (2) Is signed by both the consumer and the seller; (3) Contains no provision not included in the oral sales presentation; (4) Contains the name and address of the seller; and (5) Contains the date on which the consumer actually signs the writing. (b) A home solicitation sale is not enforceable by way of action if: (1) The seller does not provide the consumer with a fully completed copy of the writing at the time the consumer actually signs the writing; or (2) The seller commits a deceptive trade practice as defined by this chapter. (c) In a home solicitation sale, the seller must furnish to the buyer at the time he or she signs the sales contract or otherwise agrees to buy consumer goods or services from the seller a completed form in duplicate, captioned "NOTICE OF CANCELLATION", which shall be attached to the contract or receipt and easily detachable and which shall contain in 10-point bold face type the following information and statements: Click here to view form. (d) If seller fails to give both oral and written notice of the buyer's right to cancellation, the cooling-off period does not begin to run until actual notice is given, and the buyer is no longer obliged to return the goods in substantially the same condition. Acts 1973, No. 462, § 4; 1981, No. 341, § 4; 1985, No. 556, § 1; A.S.A. 1947, § 70-917.

(a) A home solicitation sale is not enforceable by way of action or defense unless there is a writing which: (1) Is sufficient to indicate that a contract for sale has been made between the parties; (2) Is signed by both the consumer and the seller; (3) Contains no provision not included in the oral sales presentation; (4) Contains the name and address of the seller; and (5) Contains the date on which the consumer actually signs the writing.

(1) Is sufficient to indicate that a contract for sale has been made between the parties;

(2) Is signed by both the consumer and the seller;

(3) Contains no provision not included in the oral sales presentation;

(4) Contains the name and address of the seller; and

(5) Contains the date on which the consumer actually signs the writing.

(b) A home solicitation sale is not enforceable by way of action if: (1) The seller does not provide the consumer with a fully completed copy of the writing at the time the consumer actually signs the writing; or (2) The seller commits a deceptive trade practice as defined by this chapter.

(1) The seller does not provide the consumer with a fully completed copy of the writing at the time the consumer actually signs the writing; or

(2) The seller commits a deceptive trade practice as defined by this chapter.

(c) In a home solicitation sale, the seller must furnish to the buyer at the time he or she signs the sales contract or otherwise agrees to buy consumer goods or services from the seller a completed form in duplicate, captioned "NOTICE OF CANCELLATION", which shall be attached to the contract or receipt and easily detachable and which shall contain in 10-point bold face type the following information and statements: Click here to view form.

Click here to view form.

(d) If seller fails to give both oral and written notice of the buyer's right to cancellation, the cooling-off period does not begin to run until actual notice is given, and the buyer is no longer obliged to return the goods in substantially the same condition.

Acts 1973, No. 462, § 4; 1981, No. 341, § 4; 1985, No. 556, § 1; A.S.A. 1947, § 70-917.

89_108_1 - Attachment
Ark. Code Ann. § 4-112-105 — AR Code / Title 4 / Chapter 112 / Section 4-112-105
Removal of security freeze
Status: in_force

(a) A consumer reporting agency shall remove or temporarily lift a security freeze placed on the credit report of a consumer in the following cases: (1) Upon the consumer's request under § 4-112-104 or § 4-112-106 ; or (2) If the credit report of the consumer was frozen due to a material misrepresentation of fact by the consumer. (b) If a consumer reporting agency intends to remove a security freeze upon a credit report of a consumer and is not doing so at the request of the consumer, the consumer reporting agency shall notify the consumer in writing at least three (3) business days before removing the security freeze on the credit report of the consumer. Acts 2007, No. 391, § 1; 2009, No. 223, § 1.

(a) A consumer reporting agency shall remove or temporarily lift a security freeze placed on the credit report of a consumer in the following cases: (1) Upon the consumer's request under § 4-112-104 or § 4-112-106 ; or (2) If the credit report of the consumer was frozen due to a material misrepresentation of fact by the consumer.

(1) Upon the consumer's request under § 4-112-104 or § 4-112-106 ; or

(2) If the credit report of the consumer was frozen due to a material misrepresentation of fact by the consumer.

(b) If a consumer reporting agency intends to remove a security freeze upon a credit report of a consumer and is not doing so at the request of the consumer, the consumer reporting agency shall notify the consumer in writing at least three (3) business days before removing the security freeze on the credit report of the consumer.

Acts 2007, No. 391, § 1; 2009, No. 223, § 1.
Ark. Code Ann. § 4-27-1906 — AR Code / Title 4 / Chapter 27 / Subchapter 19 / Section 4-27-1906
Applications for licenses - Initial - Renewal
Status: in_force

(a) A business may submit an application to the Secretary of State on a form prescribed by the Secretary of State for a state business license under this subchapter. (b) (1) A business shall renew the state business license annually as long as the business is operating within this state. (2) A business shall apply for renewal of a license issued under this subchapter by submitting an application for renewal on the form prescribed by the Secretary of State. (c) An application for a state business license under this subchapter shall: (1) Be made using an online form as determined by the Secretary of State; (2) (A) State the name under which the applicant transacts or intends to transact business. (B) If the applicant is an entity organized under this chapter and on file with the Secretary of State, the applicant shall state the exact name on file with the Secretary of State, including the entity number as assigned by the Secretary of State, if known, and all the applicant's places of business; (3) Be accompanied by a fee in the amount of one hundred fifty dollars ($150); and (4) Include any other information that the Secretary of State deems necessary. (d) If an applicant is an entity organized under this chapter and on file with the Secretary of State and the applicant does not have an established principal place of business located within the state, the address of the applicant's registered agent is the location of the applicant's principal place of business within this state. (e) The application shall be signed by: (1) The owner of a business that is owned by a natural person; (2) A member or partner of an association or partnership; (3) A general partner of a limited partnership; (4) A managing partner of a limited-liability partnership; (5) A manager or managing member of a limited-liability company; or (6) An officer of a corporation or an individual specifically authorized by the corporation to sign the application. (f) If the application for a state business license is defective or incomplete, the Secretary of State may return the incomplete application to the applicant to complete or to submit proper payment. (g) A state business license under this subchapter does not replace or substitute an authorization or license required to conduct business from a local jurisdiction where the business activity is conducted. (h) A person may apply for a license under this subchapter if a business for which a person is responsible: (1) Is organized under this chapter; (2) Has an office or other base of operations within this state; (3) Has a registered agent that is located within this state; and (4) Pays wages or other remuneration to an individual who performs any duties associated with the business within this state. Added by Act 2015, No. 1190,§ 2, eff. 7/22/2015.

(a) A business may submit an application to the Secretary of State on a form prescribed by the Secretary of State for a state business license under this subchapter.

(b) (1) A business shall renew the state business license annually as long as the business is operating within this state. (2) A business shall apply for renewal of a license issued under this subchapter by submitting an application for renewal on the form prescribed by the Secretary of State.

(1) A business shall renew the state business license annually as long as the business is operating within this state.

(2) A business shall apply for renewal of a license issued under this subchapter by submitting an application for renewal on the form prescribed by the Secretary of State.

(c) An application for a state business license under this subchapter shall: (1) Be made using an online form as determined by the Secretary of State; (2) (A) State the name under which the applicant transacts or intends to transact business. (B) If the applicant is an entity organized under this chapter and on file with the Secretary of State, the applicant shall state the exact name on file with the Secretary of State, including the entity number as assigned by the Secretary of State, if known, and all the applicant's places of business; (3) Be accompanied by a fee in the amount of one hundred fifty dollars ($150); and (4) Include any other information that the Secretary of State deems necessary.

(1) Be made using an online form as determined by the Secretary of State;

(2) (A) State the name under which the applicant transacts or intends to transact business. (B) If the applicant is an entity organized under this chapter and on file with the Secretary of State, the applicant shall state the exact name on file with the Secretary of State, including the entity number as assigned by the Secretary of State, if known, and all the applicant's places of business;

(A) State the name under which the applicant transacts or intends to transact business.

(B) If the applicant is an entity organized under this chapter and on file with the Secretary of State, the applicant shall state the exact name on file with the Secretary of State, including the entity number as assigned by the Secretary of State, if known, and all the applicant's places of business;

(3) Be accompanied by a fee in the amount of one hundred fifty dollars ($150); and

(4) Include any other information that the Secretary of State deems necessary.

(d) If an applicant is an entity organized under this chapter and on file with the Secretary of State and the applicant does not have an established principal place of business located within the state, the address of the applicant's registered agent is the location of the applicant's principal place of business within this state.

(e) The application shall be signed by: (1) The owner of a business that is owned by a natural person; (2) A member or partner of an association or partnership; (3) A general partner of a limited partnership; (4) A managing partner of a limited-liability partnership; (5) A manager or managing member of a limited-liability company; or (6) An officer of a corporation or an individual specifically authorized by the corporation to sign the application.

(1) The owner of a business that is owned by a natural person;

(2) A member or partner of an association or partnership;

(3) A general partner of a limited partnership;

(4) A managing partner of a limited-liability partnership;

(5) A manager or managing member of a limited-liability company; or

(6) An officer of a corporation or an individual specifically authorized by the corporation to sign the application.

(f) If the application for a state business license is defective or incomplete, the Secretary of State may return the incomplete application to the applicant to complete or to submit proper payment.

(g) A state business license under this subchapter does not replace or substitute an authorization or license required to conduct business from a local jurisdiction where the business activity is conducted.

(h) A person may apply for a license under this subchapter if a business for which a person is responsible: (1) Is organized under this chapter; (2) Has an office or other base of operations within this state; (3) Has a registered agent that is located within this state; and (4) Pays wages or other remuneration to an individual who performs any duties associated with the business within this state.

(1) Is organized under this chapter;

(2) Has an office or other base of operations within this state;

(3) Has a registered agent that is located within this state; and

(4) Pays wages or other remuneration to an individual who performs any duties associated with the business within this state.

Added by Act 2015, No. 1190,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 4-59-215 — AR Code / Title 4 / Chapter 59 / Subchapter 2 / Section 4-59-215
Short title
Status: in_force

This subchapter, which was formerly cited as the Uniform Fraudulent Transfer Act, may be cited as the Uniform Voidable Transactions Act. Amended by Act 2017, No. 1086,§ 1, eff. 8/1/2017.

This subchapter, which was formerly cited as the Uniform Fraudulent Transfer Act, may be cited as the Uniform Voidable Transactions Act.

Amended by Act 2017, No. 1086,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 4-90-202 — AR Code / Title 4 / Chapter 90 / Subchapter 2 / Section 4-90-202
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Auction company" means a person taking possession of a motor vehicle owned by another to sell at an auction; (2) "Dealer" means a person that sold at least five (5) motor vehicles during the prior twelve (12) months to buyers that in good faith bought the vehicles other than for resale; (3) "Distributor" means a person that sold at least five (5) motor vehicles during the prior twelve (12) months for resale; (4) "Leased motor vehicle" means a motor vehicle leased to a person for at least four (4) months by a lessor that leased at least five (5) vehicles during the prior twelve (12) months; (5) "Motor vehicle" means any self-propelled vehicle not operated exclusively upon railroad tracks, except snowmobiles and other devices designed and used primarily for the transportation of persons over natural terrain, snow, or ice and propelled by wheels, skis, tracks, runners, or whatever other means; (6) "Odometer" means an instrument for measuring and recording the distance a motor vehicle is driven, but does not include an auxiliary instrument designed to be reset by the operator of the vehicle to record the mileage of a trip; (7) "Person" means an individual, firm, partnership, incorporated and unincorporated association, or any other legal or commercial entity; (8) "Repair" and "replace" mean to restore to a sound working condition by replacing any part of an odometer or by correcting any inoperative part of an odometer; (9) "Title" means the certificate of title or other document issued by this state or another state and indicating ownership, and includes a manufacturer's statement or certificate of origin; and (10) "Transfer" means to change ownership by sale, gift, or other means. Acts 1995, No. 795, § 2.

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

(1) "Auction company" means a person taking possession of a motor vehicle owned by another to sell at an auction;

(2) "Dealer" means a person that sold at least five (5) motor vehicles during the prior twelve (12) months to buyers that in good faith bought the vehicles other than for resale;

(3) "Distributor" means a person that sold at least five (5) motor vehicles during the prior twelve (12) months for resale;

(4) "Leased motor vehicle" means a motor vehicle leased to a person for at least four (4) months by a lessor that leased at least five (5) vehicles during the prior twelve (12) months;

(5) "Motor vehicle" means any self-propelled vehicle not operated exclusively upon railroad tracks, except snowmobiles and other devices designed and used primarily for the transportation of persons over natural terrain, snow, or ice and propelled by wheels, skis, tracks, runners, or whatever other means;

(6) "Odometer" means an instrument for measuring and recording the distance a motor vehicle is driven, but does not include an auxiliary instrument designed to be reset by the operator of the vehicle to record the mileage of a trip;

(7) "Person" means an individual, firm, partnership, incorporated and unincorporated association, or any other legal or commercial entity;

(8) "Repair" and "replace" mean to restore to a sound working condition by replacing any part of an odometer or by correcting any inoperative part of an odometer;

(9) "Title" means the certificate of title or other document issued by this state or another state and indicating ownership, and includes a manufacturer's statement or certificate of origin; and

(10) "Transfer" means to change ownership by sale, gift, or other means.

Acts 1995, No. 795, § 2.
Ark. Code Ann. § 4-75-1201 — AR Code / Title 4 / Chapter 75 / Subchapter 12 / Section 4-75-1201
Title
Status: in_force

This subchapter shall be known and may be cited as the "Asphalt Roof Shingles Express Warranty Act". Added by Act 2017, No. 487,§ 1, eff. 8/1/2017.

This subchapter shall be known and may be cited as the "Asphalt Roof Shingles Express Warranty Act".

Added by Act 2017, No. 487,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 4-25-108 — AR Code / Title 4 / Chapter 25 / Section 4-25-108
Eligibility to receive county grants
Status: in_force

Before an unincorporated association is eligible to receive a grant administered by the county, the association shall provide the county judge a list of six (6) names and addresses of officers and directors of the association, along with a letter signed by the president and the secretary of the association authorizing a specific officer of the association to receive funds on behalf of the association. Acts 1997, No. 534, § 1.

Before an unincorporated association is eligible to receive a grant administered by the county, the association shall provide the county judge a list of six (6) names and addresses of officers and directors of the association, along with a letter signed by the president and the secretary of the association authorizing a specific officer of the association to receive funds on behalf of the association.

Acts 1997, No. 534, § 1.
Ark. Code Ann. § 4-17-102 — AR Code / Title 4 / Chapter 17 / Section 4-17-102
Notes, tickets, etc. - Creation or circulation as currency by individuals unlawful
Status: in_force

(a) No person unauthorized by law shall intentionally create or put in circulation, as a circulating medium, any note, bill, bond, check, or ticket, purporting that any money or bank notes will be paid to the receiver, holder, or bearer, or that it will be received in payment of debts or to be used as a currency or medium of trade in lieu of money. (b) If any person issues, puts into circulation, signs, countersigns, or indorses any such note, bill, bond, check, or ticket, he or she shall be indicted, and upon conviction shall be fined not less than fifty dollars ($50.00) nor more than three hundred dollars ($300) and shall be imprisoned not exceeding twelve (12) months. (c) If any person or company vends, passes, receives, or offers in payment any such note, bill, bond, check, or ticket, the offender shall forfeit the sum of fifty dollars ($50.00), to be recovered by a civil action, with costs to the use of any person who will sue for the same before any justice of the peace of the county in which the offending party may be found. Rev. Stat., ch. 119, §§ 1-3; C. & M. Dig., §§ 1011-1013; Pope's Dig., §§ 1220-1222; A.S.A. 1947, §§ 68-701 -- 68-703.

(a) No person unauthorized by law shall intentionally create or put in circulation, as a circulating medium, any note, bill, bond, check, or ticket, purporting that any money or bank notes will be paid to the receiver, holder, or bearer, or that it will be received in payment of debts or to be used as a currency or medium of trade in lieu of money.

(b) If any person issues, puts into circulation, signs, countersigns, or indorses any such note, bill, bond, check, or ticket, he or she shall be indicted, and upon conviction shall be fined not less than fifty dollars ($50.00) nor more than three hundred dollars ($300) and shall be imprisoned not exceeding twelve (12) months.

(c) If any person or company vends, passes, receives, or offers in payment any such note, bill, bond, check, or ticket, the offender shall forfeit the sum of fifty dollars ($50.00), to be recovered by a civil action, with costs to the use of any person who will sue for the same before any justice of the peace of the county in which the offending party may be found.

Rev. Stat., ch. 119, §§ 1-3; C. & M. Dig., §§ 1011-1013; Pope's Dig., §§ 1220-1222; A.S.A. 1947, §§ 68-701 -- 68-703.
Ark. Code Ann. § 4-73-202 — AR Code / Title 4 / Chapter 73 / Subchapter 2 / Section 4-73-202
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Art" means a painting, sculpture, drawing, work of graphic art, pottery, weaving, batik, macrame, quilt, or other commonly recognized art form; (2) "Art dealer" means a person engaged in the business of selling works of art; (3) "Artist" means the creator of a work of art or, if he or she is deceased, his or her estate; and (4) "On consignment" means that no title to, or estate in, the goods or right to possession thereof superior to that of the consignor vests in the consignee, notwithstanding the consignee's power or authority to transfer and convey all of the right, title, and interest of the consignor in and to such goods to a third person. Acts 1983, No. 820, § 2; A.S.A. 1947, § 68-1807.

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

(1) "Art" means a painting, sculpture, drawing, work of graphic art, pottery, weaving, batik, macrame, quilt, or other commonly recognized art form;

(2) "Art dealer" means a person engaged in the business of selling works of art;

(3) "Artist" means the creator of a work of art or, if he or she is deceased, his or her estate; and

(4) "On consignment" means that no title to, or estate in, the goods or right to possession thereof superior to that of the consignor vests in the consignee, notwithstanding the consignee's power or authority to transfer and convey all of the right, title, and interest of the consignor in and to such goods to a third person.

Acts 1983, No. 820, § 2; A.S.A. 1947, § 68-1807.
Ark. Code Ann. § 4-88-209 — AR Code / Title 4 / Chapter 88 / Subchapter 2 / Section 4-88-209
Protection of consumers from financial exploitation
Status: in_force

(a) If necessary to provide intervention and assistance to consumers, including elder persons or persons with a disability, the Attorney General may petition a court of competent jurisdiction requesting an order delaying or extending a delay of disbursement of funds. (b) The delay shall expire: (1) As directed by an order of the court; (2) When the Attorney General reasonably determines that the financial transaction will not result in financial exploitation; or (3) No more than ten (10) business days after the date on which the petition was filed with the court. (c) (1) A financial services provider shall, upon request by the Attorney General, provide access to or copies of records that are relevant to suspected financial exploitation or attempted financial exploitation to the Attorney General. (2) The records should include historical records as well as records relating to the most recent transactions or transactions that may compromise financial exploitation. (d) The records, materials, data, and information made available by a financial services provider are confidential and shall not be disclosed to any person other than those persons specifically authorized by the Attorney General to receive the information. (e) A financial services provider is immune from any civil or criminal liability that might otherwise result from complying with this section. Added by Act 2021, No. 1015,§ 6, eff. 7/28/2021.

(a) If necessary to provide intervention and assistance to consumers, including elder persons or persons with a disability, the Attorney General may petition a court of competent jurisdiction requesting an order delaying or extending a delay of disbursement of funds.

(b) The delay shall expire: (1) As directed by an order of the court; (2) When the Attorney General reasonably determines that the financial transaction will not result in financial exploitation; or (3) No more than ten (10) business days after the date on which the petition was filed with the court.

(1) As directed by an order of the court;

(2) When the Attorney General reasonably determines that the financial transaction will not result in financial exploitation; or

(3) No more than ten (10) business days after the date on which the petition was filed with the court.

(c) (1) A financial services provider shall, upon request by the Attorney General, provide access to or copies of records that are relevant to suspected financial exploitation or attempted financial exploitation to the Attorney General. (2) The records should include historical records as well as records relating to the most recent transactions or transactions that may compromise financial exploitation.

(1) A financial services provider shall, upon request by the Attorney General, provide access to or copies of records that are relevant to suspected financial exploitation or attempted financial exploitation to the Attorney General.

(2) The records should include historical records as well as records relating to the most recent transactions or transactions that may compromise financial exploitation.

(d) The records, materials, data, and information made available by a financial services provider are confidential and shall not be disclosed to any person other than those persons specifically authorized by the Attorney General to receive the information.

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

Added by Act 2021, No. 1015,§ 6, eff. 7/28/2021.
Ark. Code Ann. § 4-46-704 — AR Code / Title 4 / Chapter 46 / Subchapter 7 / Section 4-46-704
Statement of dissociation
Status: in_force

(a) A dissociated partner or the partnership may file a statement of dissociation stating: (1) The name of the partnership; (2) The name and mailing address of the dissociated partner; (3) That the partner is dissociated from the partnership; and (4) The date the dissociation is effective. (b) A statement of dissociation is a limitation on the authority of a dissociated partner for the purposes of § 4-46-303(d) and (e) . (c) For the purposes of §§ 4-46-702(a)(3) and 4-46-703(b)(3) , a person not a partner is deemed to have notice of the dissociation 90 days after the statement of dissociation is filed. Acts 1999, No. 1518, § 704.

(a) A dissociated partner or the partnership may file a statement of dissociation stating: (1) The name of the partnership; (2) The name and mailing address of the dissociated partner; (3) That the partner is dissociated from the partnership; and (4) The date the dissociation is effective.

(1) The name of the partnership;

(2) The name and mailing address of the dissociated partner;

(3) That the partner is dissociated from the partnership; and

(4) The date the dissociation is effective.

(b) A statement of dissociation is a limitation on the authority of a dissociated partner for the purposes of § 4-46-303(d) and (e) .

(c) For the purposes of §§ 4-46-702(a)(3) and 4-46-703(b)(3) , a person not a partner is deemed to have notice of the dissociation 90 days after the statement of dissociation is filed.

Acts 1999, No. 1518, § 704.
Ark. Code Ann. § 4-107-301 — AR Code / Title 4 / Chapter 107 / Subchapter 3 / Section 4-107-301
Legislative findings
Status: in_force

The General Assembly finds, determines, and declares that: (1) Credit, particularly the use of credit cards, is an important tool for consumers in today's economy; (2) Unscrupulous persons often fraudulently use the credit card accounts of others by stealing the credit card itself or obtaining the necessary information to fraudulently charge the purchase of goods and services to another person's credit card account; and (3) Protection from unauthorized use of credit card accounts is necessary. Acts 2003, No. 274, § 1.

The General Assembly finds, determines, and declares that:

(1) Credit, particularly the use of credit cards, is an important tool for consumers in today's economy;

(2) Unscrupulous persons often fraudulently use the credit card accounts of others by stealing the credit card itself or obtaining the necessary information to fraudulently charge the purchase of goods and services to another person's credit card account; and

(3) Protection from unauthorized use of credit card accounts is necessary.

Acts 2003, No. 274, § 1.
Ark. Code Ann. § 4-32-301 — AR Code / Title 4 / Chapter 32 / Subchapter 3 / Section 4-32-301
through 4-32-309 - [Repealed]
Status: repealed

Repealed by Act 2021, No. 1041,§ 1, eff. 7/28/2021. Acts 1993, No. 1003, § 301.

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

Acts 1993, No. 1003, § 301.
Ark. Code Ann. § 4-86-102 — AR Code / Title 4 / Chapter 86 / Section 4-86-102
Transferred
Status: repealed

Acts 1973, No. 111, §§ 1, 2; A.S.A. 1947, §§ 85-2-318.2, 85-2-318.3; Acts 2007, No. 316, § 1.
Ark. Code Ann. § 4-90-808 — AR Code / Title 4 / Chapter 90 / Subchapter 8 / Section 4-90-808
Enforcement
Status: in_force

(a) The Insurance Commissioner may take action that is necessary or appropriate to enforce this subchapter and to protect guaranteed asset protection waiver holders in this state. (b) After notice and opportunity for hearing, the commissioner may: (1) Order the creditor, administrator, or other person that is not complying with this subchapter to cease and desist from further guaranteed asset protection waiver-related operations that are in violation of this subchapter; and (2) (A) Impose a penalty of no more than five hundred dollars ($500) per violation and a maximum total of no more than ten thousand dollars ($10,000) for all violations of a similar nature. (B) For purposes of this section, a violation shall be of a similar nature if the violation consists of the same or similar course of conduct, action, or practice, regardless of the number of times the conduct, action, or practice that is determined to be a violation has occurred. Added by Act 2019, No. 787,§ 1, eff. 7/24/2019.

(a) The Insurance Commissioner may take action that is necessary or appropriate to enforce this subchapter and to protect guaranteed asset protection waiver holders in this state.

(b) After notice and opportunity for hearing, the commissioner may: (1) Order the creditor, administrator, or other person that is not complying with this subchapter to cease and desist from further guaranteed asset protection waiver-related operations that are in violation of this subchapter; and (2) (A) Impose a penalty of no more than five hundred dollars ($500) per violation and a maximum total of no more than ten thousand dollars ($10,000) for all violations of a similar nature. (B) For purposes of this section, a violation shall be of a similar nature if the violation consists of the same or similar course of conduct, action, or practice, regardless of the number of times the conduct, action, or practice that is determined to be a violation has occurred.

(1) Order the creditor, administrator, or other person that is not complying with this subchapter to cease and desist from further guaranteed asset protection waiver-related operations that are in violation of this subchapter; and

(2) (A) Impose a penalty of no more than five hundred dollars ($500) per violation and a maximum total of no more than ten thousand dollars ($10,000) for all violations of a similar nature. (B) For purposes of this section, a violation shall be of a similar nature if the violation consists of the same or similar course of conduct, action, or practice, regardless of the number of times the conduct, action, or practice that is determined to be a violation has occurred.

(A) Impose a penalty of no more than five hundred dollars ($500) per violation and a maximum total of no more than ten thousand dollars ($10,000) for all violations of a similar nature.

(B) For purposes of this section, a violation shall be of a similar nature if the violation consists of the same or similar course of conduct, action, or practice, regardless of the number of times the conduct, action, or practice that is determined to be a violation has occurred.

Added by Act 2019, No. 787,§ 1, eff. 7/24/2019.