Ark. Code Ann. § 4-38-706 — AR Code / Title 4 / Chapter 38 / Subchapter 7 / Section 4-38-706
Court proceedings
Status: in_force

(a) A dissolved limited liability company that has published a notice under § 4-38-705 may file an application with the circuit court in the county where the company's principal office is located or, if the principal office is not located in this state, where the office of its registered agent is or was last located, for a determination of the amount and form of security to be provided for payment of claims that are reasonably expected to arise after the date of dissolution based on facts known to the company and: (1) at the time of application: (A) are contingent; or (B) have not been made known to the company; or (2) are based on an event occurring after the date of dissolution. (b) Security is not required for any claim that is or is reasonably anticipated to be barred under § 4-38-705 . (c) Not later than 10 days after the filing of an application under subsection (a), the dissolved limited liability company shall give notice of the proceeding to each claimant holding a contingent claim known to the company. (d) In a proceeding under this section, the court may appoint a guardian ad litem to represent all claimants whose identities are unknown. The reasonable fees and expenses of the guardian, including all reasonable expert witness fees, must be paid by the dissolved limited liability company. (e) A dissolved limited liability company that provides security in the amount and form ordered by the court under subsection (a) satisfies the company's obligations with respect to claims that are contingent, have not been made known to the company, or are based on an event occurring after the date of dissolution, and such claims may not be enforced against a member or transferee on account of assets received in liquidation. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

(a) A dissolved limited liability company that has published a notice under § 4-38-705 may file an application with the circuit court in the county where the company's principal office is located or, if the principal office is not located in this state, where the office of its registered agent is or was last located, for a determination of the amount and form of security to be provided for payment of claims that are reasonably expected to arise after the date of dissolution based on facts known to the company and: (1) at the time of application: (A) are contingent; or (B) have not been made known to the company; or (2) are based on an event occurring after the date of dissolution.

(1) at the time of application: (A) are contingent; or (B) have not been made known to the company; or

(A) are contingent; or

(B) have not been made known to the company; or

(2) are based on an event occurring after the date of dissolution.

(b) Security is not required for any claim that is or is reasonably anticipated to be barred under § 4-38-705 .

(c) Not later than 10 days after the filing of an application under subsection (a), the dissolved limited liability company shall give notice of the proceeding to each claimant holding a contingent claim known to the company.

(d) In a proceeding under this section, the court may appoint a guardian ad litem to represent all claimants whose identities are unknown. The reasonable fees and expenses of the guardian, including all reasonable expert witness fees, must be paid by the dissolved limited liability company.

(e) A dissolved limited liability company that provides security in the amount and form ordered by the court under subsection (a) satisfies the company's obligations with respect to claims that are contingent, have not been made known to the company, or are based on an event occurring after the date of dissolution, and such claims may not be enforced against a member or transferee on account of assets received in liquidation.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-102-109 — AR Code / Title 4 / Chapter 102 / Section 4-102-109
Application of Home Solicitation Act
Status: in_force

All prize offers, including telephone prize offers, in which the sponsor has initiated contact, regardless of his or her location, and the consumer's agreement to pay is made at the consumer's home and is an agreement to pay more than twenty-five dollars ($25.00) is a home solicitation sale within the meaning of § 4-89-102 . Acts 1995, No. 736, § 5.

All prize offers, including telephone prize offers, in which the sponsor has initiated contact, regardless of his or her location, and the consumer's agreement to pay is made at the consumer's home and is an agreement to pay more than twenty-five dollars ($25.00) is a home solicitation sale within the meaning of § 4-89-102 .

Acts 1995, No. 736, § 5.
Ark. Code Ann. § 4-47-1204 — AR Code / Title 4 / Chapter 47 / Subchapter 12 / Section 4-47-1204
Effective date
Status: in_force

This chapter takes effect on September 1, 2007. Acts 2007, No. 15, § 1.

This chapter takes effect on September 1, 2007.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-47-601 — AR Code / Title 4 / Chapter 47 / Subchapter 6 / Section 4-47-601
Dissociation as limited partner
Status: in_force

(a) A person does not have a right to dissociate as a limited partner before the termination of the limited partnership. (b) A person is dissociated from a limited partnership as a limited partner upon the occurrence of any of the following events: (1) the limited partnership's having notice of the person's express will to withdraw as a limited partner or on a later date specified by the person; (2) an event agreed to in the partnership agreement as causing the person's dissociation as a limited partner; (3) the person's expulsion as a limited partner pursuant to the partnership agreement; (4) the person's expulsion as a limited partner by the unanimous consent of the other partners if: (A) it is unlawful to carry on the limited partnership's activities with the person as a limited partner; (B) there has been a transfer of all of the person's transferable interest in the limited partnership, other than a transfer for security purposes, or a court order charging the person's interest, which has not been foreclosed; (C) the person is a corporation and, within 90 days after the limited partnership notifies the person that it will be expelled as a limited partner because it has filed a certificate of dissolution or the equivalent, its charter has been revoked, or its right to conduct business has been suspended by the jurisdiction of its incorporation, there is no revocation of the certificate of dissolution or no reinstatement of its charter or its right to conduct business; or (D) the person is a limited liability company or partnership that has been dissolved and whose business is being wound up; (5) on application by the limited partnership, the person's expulsion as a limited partner by judicial order because: (A) the person engaged in wrongful conduct that adversely and materially affected the limited partnership's activities; (B) the person willfully or persistently committed a material breach of the partnership agreement or of the obligation of good faith and fair dealing under § 4-47-305(b) ; or (C) the person engaged in conduct relating to the limited partnership's activities which makes it not reasonably practicable to carry on the activities with the person as limited partner; (6) in the case of a person who is an individual, the person's death; (7) in the case of a person that is a trust or is acting as a limited partner by virtue of being a trustee of a trust, distribution of the trust's entire transferable interest in the limited partnership, but not merely by reason of the substitution of a successor trustee; (8) in the case of a person that is an estate or is acting as a limited partner by virtue of being a personal representative of an estate, distribution of the estate's entire transferable interest in the limited partnership, but not merely by reason of the substitution of a successor personal representative; (9) termination of a limited partner that is not an individual, partnership, limited liability company, corporation, trust, or estate; (10) the limited partnership's participation in a conversion or merger under subchapter 11, if the limited partnership: (A) is not the converted or surviving entity; or (B) is the converted or surviving entity but, as a result of the conversion or merger, the person ceases to be a limited partner. Acts 2007, No. 15, § 1.

(a) A person does not have a right to dissociate as a limited partner before the termination of the limited partnership.

(b) A person is dissociated from a limited partnership as a limited partner upon the occurrence of any of the following events: (1) the limited partnership's having notice of the person's express will to withdraw as a limited partner or on a later date specified by the person; (2) an event agreed to in the partnership agreement as causing the person's dissociation as a limited partner; (3) the person's expulsion as a limited partner pursuant to the partnership agreement; (4) the person's expulsion as a limited partner by the unanimous consent of the other partners if: (A) it is unlawful to carry on the limited partnership's activities with the person as a limited partner; (B) there has been a transfer of all of the person's transferable interest in the limited partnership, other than a transfer for security purposes, or a court order charging the person's interest, which has not been foreclosed; (C) the person is a corporation and, within 90 days after the limited partnership notifies the person that it will be expelled as a limited partner because it has filed a certificate of dissolution or the equivalent, its charter has been revoked, or its right to conduct business has been suspended by the jurisdiction of its incorporation, there is no revocation of the certificate of dissolution or no reinstatement of its charter or its right to conduct business; or (D) the person is a limited liability company or partnership that has been dissolved and whose business is being wound up; (5) on application by the limited partnership, the person's expulsion as a limited partner by judicial order because: (A) the person engaged in wrongful conduct that adversely and materially affected the limited partnership's activities; (B) the person willfully or persistently committed a material breach of the partnership agreement or of the obligation of good faith and fair dealing under § 4-47-305(b) ; or (C) the person engaged in conduct relating to the limited partnership's activities which makes it not reasonably practicable to carry on the activities with the person as limited partner; (6) in the case of a person who is an individual, the person's death; (7) in the case of a person that is a trust or is acting as a limited partner by virtue of being a trustee of a trust, distribution of the trust's entire transferable interest in the limited partnership, but not merely by reason of the substitution of a successor trustee; (8) in the case of a person that is an estate or is acting as a limited partner by virtue of being a personal representative of an estate, distribution of the estate's entire transferable interest in the limited partnership, but not merely by reason of the substitution of a successor personal representative; (9) termination of a limited partner that is not an individual, partnership, limited liability company, corporation, trust, or estate; (10) the limited partnership's participation in a conversion or merger under subchapter 11, if the limited partnership: (A) is not the converted or surviving entity; or (B) is the converted or surviving entity but, as a result of the conversion or merger, the person ceases to be a limited partner.

(1) the limited partnership's having notice of the person's express will to withdraw as a limited partner or on a later date specified by the person;

(2) an event agreed to in the partnership agreement as causing the person's dissociation as a limited partner;

(3) the person's expulsion as a limited partner pursuant to the partnership agreement;

(4) the person's expulsion as a limited partner by the unanimous consent of the other partners if: (A) it is unlawful to carry on the limited partnership's activities with the person as a limited partner; (B) there has been a transfer of all of the person's transferable interest in the limited partnership, other than a transfer for security purposes, or a court order charging the person's interest, which has not been foreclosed; (C) the person is a corporation and, within 90 days after the limited partnership notifies the person that it will be expelled as a limited partner because it has filed a certificate of dissolution or the equivalent, its charter has been revoked, or its right to conduct business has been suspended by the jurisdiction of its incorporation, there is no revocation of the certificate of dissolution or no reinstatement of its charter or its right to conduct business; or (D) the person is a limited liability company or partnership that has been dissolved and whose business is being wound up;

(A) it is unlawful to carry on the limited partnership's activities with the person as a limited partner;

(B) there has been a transfer of all of the person's transferable interest in the limited partnership, other than a transfer for security purposes, or a court order charging the person's interest, which has not been foreclosed;

(C) the person is a corporation and, within 90 days after the limited partnership notifies the person that it will be expelled as a limited partner because it has filed a certificate of dissolution or the equivalent, its charter has been revoked, or its right to conduct business has been suspended by the jurisdiction of its incorporation, there is no revocation of the certificate of dissolution or no reinstatement of its charter or its right to conduct business; or

(D) the person is a limited liability company or partnership that has been dissolved and whose business is being wound up;

(5) on application by the limited partnership, the person's expulsion as a limited partner by judicial order because: (A) the person engaged in wrongful conduct that adversely and materially affected the limited partnership's activities; (B) the person willfully or persistently committed a material breach of the partnership agreement or of the obligation of good faith and fair dealing under § 4-47-305(b) ; or (C) the person engaged in conduct relating to the limited partnership's activities which makes it not reasonably practicable to carry on the activities with the person as limited partner;

(A) the person engaged in wrongful conduct that adversely and materially affected the limited partnership's activities;

(B) the person willfully or persistently committed a material breach of the partnership agreement or of the obligation of good faith and fair dealing under § 4-47-305(b) ; or

(C) the person engaged in conduct relating to the limited partnership's activities which makes it not reasonably practicable to carry on the activities with the person as limited partner;

(6) in the case of a person who is an individual, the person's death;

(7) in the case of a person that is a trust or is acting as a limited partner by virtue of being a trustee of a trust, distribution of the trust's entire transferable interest in the limited partnership, but not merely by reason of the substitution of a successor trustee;

(8) in the case of a person that is an estate or is acting as a limited partner by virtue of being a personal representative of an estate, distribution of the estate's entire transferable interest in the limited partnership, but not merely by reason of the substitution of a successor personal representative;

(9) termination of a limited partner that is not an individual, partnership, limited liability company, corporation, trust, or estate;

(10) the limited partnership's participation in a conversion or merger under subchapter 11, if the limited partnership: (A) is not the converted or surviving entity; or (B) is the converted or surviving entity but, as a result of the conversion or merger, the person ceases to be a limited partner.

(A) is not the converted or surviving entity; or

(B) is the converted or surviving entity but, as a result of the conversion or merger, the person ceases to be a limited partner.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-18-303 — AR Code / Title 4 / Chapter 18 / Subchapter 3 / Section 4-18-303
Physical standards
Status: in_force

Weights and measures that are traceable to the United States prototype standards supplied by the federal government, or approved as being satisfactory by the National Institute of Standards and Technology, shall be the state primary standards of weights and measures, and shall be maintained in such calibration as prescribed by the National Institute of Standards and Technology. All secondary standards may be prescribed by the State Plant Board and shall be verified upon their initial receipt, and as often thereafter as deemed necessary by the board. Acts 2001, No. 587, § 3.

Weights and measures that are traceable to the United States prototype standards supplied by the federal government, or approved as being satisfactory by the National Institute of Standards and Technology, shall be the state primary standards of weights and measures, and shall be maintained in such calibration as prescribed by the National Institute of Standards and Technology. All secondary standards may be prescribed by the State Plant Board and shall be verified upon their initial receipt, and as often thereafter as deemed necessary by the board.

Acts 2001, No. 587, § 3.
Ark. Code Ann. § 4-110-105 — AR Code / Title 4 / Chapter 110 / Section 4-110-105
Disclosure of security breaches
Status: in_force

(a) (1) Any person or business that acquires, owns, or licenses computerized data that includes personal information shall disclose any breach of the security of the system following discovery or notification of the breach of the security of the system to any resident of Arkansas whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (2) The disclosure shall be made in the most expedient time and manner possible and without unreasonable delay, consistent with the legitimate needs of law enforcement as provided in subsection (c) of this section, or any measures necessary to determine the scope of the breach and to restore the reasonable integrity of the data system. (b) (1) A person or business that maintains computerized data that includes personal information that the person or business does not own shall notify the owner or licensee that there has been a breach of the security of the system immediately following discovery if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (2) If a breach of the security of a system affects the personal information of more than one thousand (1,000) individuals, the person or business required to make a disclosure of the security breach under subdivision (b)(1) of this section shall, at the same time the security breach is disclosed to an affected individual or within forty-five (45) days after the person or business determines that there is a reasonable likelihood of harm to customers, whichever occurs first, disclose the security breach to the Attorney General. (c) (1) The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. (2) The notification required by this section shall be made after the law enforcement agency determines that it will not compromise the investigation. (d) Notification under this section is not required if, after a reasonable investigation, the person or business determines that there is no reasonable likelihood of harm to customers. (e) For purposes of this section, notice may be provided by one (1) of the following methods: (1) Written notice; (2) Electronic mail notice if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in 15 U.S.C. § 7001 , as it existed on January 1, 2005; or (3) (A) Substitute notice if the person or business demonstrates that: (i) The cost of providing notice would exceed two hundred fifty thousand dollars ($250,000); (ii) The affected class of persons to be notified exceeds five hundred thousand (500,000); or (iii) The person or business does not have sufficient contact information. (B) Substitute notice shall consist of all of the following: (i) Electronic mail notice when the person or business has an electronic mail address for the subject persons; (ii) Conspicuous posting of the notice on the website of the person or business if the person or business maintains a website; and (iii) Notification by statewide media. (f) Notwithstanding subsection (e) of this section, a person or business that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this section shall be deemed to be in compliance with the notification requirements of this section if the person or business notifies affected persons in accordance with its policies in the event of a breach of the security of the system. (g) (1) A person or business shall retain a copy of the written determination of a breach of the security of the system and supporting documentation for five (5) years from the date of determination of the breach of the security of the system. (2) If the Attorney General submits a written request for the written determination of the breach of the security of the system, the person or business shall send a copy of the written determination of the breach of the security of the system and supporting documentation to the Attorney General no later than thirty (30) days after the date of receipt of the request. (3) The determination and documentation retained under this subsection are confidential and not subject to public disclosure. Amended by Act 2019, No. 1030,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 1030,§ 2, eff. 7/24/2019. Acts 2005, No. 1526, § 1.

(a) (1) Any person or business that acquires, owns, or licenses computerized data that includes personal information shall disclose any breach of the security of the system following discovery or notification of the breach of the security of the system to any resident of Arkansas whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (2) The disclosure shall be made in the most expedient time and manner possible and without unreasonable delay, consistent with the legitimate needs of law enforcement as provided in subsection (c) of this section, or any measures necessary to determine the scope of the breach and to restore the reasonable integrity of the data system.

(1) Any person or business that acquires, owns, or licenses computerized data that includes personal information shall disclose any breach of the security of the system following discovery or notification of the breach of the security of the system to any resident of Arkansas whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person.

(2) The disclosure shall be made in the most expedient time and manner possible and without unreasonable delay, consistent with the legitimate needs of law enforcement as provided in subsection (c) of this section, or any measures necessary to determine the scope of the breach and to restore the reasonable integrity of the data system.

(b) (1) A person or business that maintains computerized data that includes personal information that the person or business does not own shall notify the owner or licensee that there has been a breach of the security of the system immediately following discovery if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (2) If a breach of the security of a system affects the personal information of more than one thousand (1,000) individuals, the person or business required to make a disclosure of the security breach under subdivision (b)(1) of this section shall, at the same time the security breach is disclosed to an affected individual or within forty-five (45) days after the person or business determines that there is a reasonable likelihood of harm to customers, whichever occurs first, disclose the security breach to the Attorney General.

(1) A person or business that maintains computerized data that includes personal information that the person or business does not own shall notify the owner or licensee that there has been a breach of the security of the system immediately following discovery if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person.

(2) If a breach of the security of a system affects the personal information of more than one thousand (1,000) individuals, the person or business required to make a disclosure of the security breach under subdivision (b)(1) of this section shall, at the same time the security breach is disclosed to an affected individual or within forty-five (45) days after the person or business determines that there is a reasonable likelihood of harm to customers, whichever occurs first, disclose the security breach to the Attorney General.

(c) (1) The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. (2) The notification required by this section shall be made after the law enforcement agency determines that it will not compromise the investigation.

(1) The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation.

(2) The notification required by this section shall be made after the law enforcement agency determines that it will not compromise the investigation.

(d) Notification under this section is not required if, after a reasonable investigation, the person or business determines that there is no reasonable likelihood of harm to customers.

(e) For purposes of this section, notice may be provided by one (1) of the following methods: (1) Written notice; (2) Electronic mail notice if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in 15 U.S.C. § 7001 , as it existed on January 1, 2005; or (3) (A) Substitute notice if the person or business demonstrates that: (i) The cost of providing notice would exceed two hundred fifty thousand dollars ($250,000); (ii) The affected class of persons to be notified exceeds five hundred thousand (500,000); or (iii) The person or business does not have sufficient contact information. (B) Substitute notice shall consist of all of the following: (i) Electronic mail notice when the person or business has an electronic mail address for the subject persons; (ii) Conspicuous posting of the notice on the website of the person or business if the person or business maintains a website; and (iii) Notification by statewide media.

(1) Written notice;

(2) Electronic mail notice if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in 15 U.S.C. § 7001 , as it existed on January 1, 2005; or

(3) (A) Substitute notice if the person or business demonstrates that: (i) The cost of providing notice would exceed two hundred fifty thousand dollars ($250,000); (ii) The affected class of persons to be notified exceeds five hundred thousand (500,000); or (iii) The person or business does not have sufficient contact information. (B) Substitute notice shall consist of all of the following: (i) Electronic mail notice when the person or business has an electronic mail address for the subject persons; (ii) Conspicuous posting of the notice on the website of the person or business if the person or business maintains a website; and (iii) Notification by statewide media.

(A) Substitute notice if the person or business demonstrates that: (i) The cost of providing notice would exceed two hundred fifty thousand dollars ($250,000); (ii) The affected class of persons to be notified exceeds five hundred thousand (500,000); or (iii) The person or business does not have sufficient contact information.

(i) The cost of providing notice would exceed two hundred fifty thousand dollars ($250,000);

(ii) The affected class of persons to be notified exceeds five hundred thousand (500,000); or

(iii) The person or business does not have sufficient contact information.

(B) Substitute notice shall consist of all of the following: (i) Electronic mail notice when the person or business has an electronic mail address for the subject persons; (ii) Conspicuous posting of the notice on the website of the person or business if the person or business maintains a website; and (iii) Notification by statewide media.

(i) Electronic mail notice when the person or business has an electronic mail address for the subject persons;

(ii) Conspicuous posting of the notice on the website of the person or business if the person or business maintains a website; and

(iii) Notification by statewide media.

(f) Notwithstanding subsection (e) of this section, a person or business that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this section shall be deemed to be in compliance with the notification requirements of this section if the person or business notifies affected persons in accordance with its policies in the event of a breach of the security of the system.

(g) (1) A person or business shall retain a copy of the written determination of a breach of the security of the system and supporting documentation for five (5) years from the date of determination of the breach of the security of the system. (2) If the Attorney General submits a written request for the written determination of the breach of the security of the system, the person or business shall send a copy of the written determination of the breach of the security of the system and supporting documentation to the Attorney General no later than thirty (30) days after the date of receipt of the request. (3) The determination and documentation retained under this subsection are confidential and not subject to public disclosure.

(1) A person or business shall retain a copy of the written determination of a breach of the security of the system and supporting documentation for five (5) years from the date of determination of the breach of the security of the system.

(2) If the Attorney General submits a written request for the written determination of the breach of the security of the system, the person or business shall send a copy of the written determination of the breach of the security of the system and supporting documentation to the Attorney General no later than thirty (30) days after the date of receipt of the request.

(3) The determination and documentation retained under this subsection are confidential and not subject to public disclosure.

Amended by Act 2019, No. 1030,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 1030,§ 2, eff. 7/24/2019.

Acts 2005, No. 1526, § 1.
Ark. Code Ann. § 4-98-103 — AR Code / Title 4 / Chapter 98 / Section 4-98-103
Information and disclosure message
Status: in_force

(a) (1) An information provider that offers pay-per-call services in this state shall provide a minimum of twelve (12) seconds of delayed timing for an information and disclosure message which shall be reasonable in speed so as to be clearly understandable. (2) A three-second period of silence shall follow the information and disclosure message. (3) If the consumer disconnects the call within the delayed timing period, or within three (3) seconds after the delayed timing period, no information charge shall be billed to the caller. (4) If the delayed timing period is exceeded, a consumer shall be billed from the time of the initial connection, and transport charges shall be billed to the information provider from the time of the initial connection. (5) During the delayed timing period, the information provider shall inform the consumer of all of the following: (A) An accurate description of the service that will be provided to the caller; (B) An accurate summation of the cost of the service including, but not limited to, all of the following: (i) The initial flat rate charge, if any; (ii) The charge per minute, if any; and (iii) The maximum charge per call; (C) That, if the caller disconnects the call within the delayed timing period, the consumer will not be charged for the call; and (D) Before the end of the delayed timing period, that the billing will commence after a specified event following the disclosure message, such as a signal tone. (b) Any information charges and price disclosure message associated with a pay-per-call service that is aimed at or likely to be of interest to children under the age of eighteen (18) years must contain a statement that the caller should hang up unless he or she has parental permission. (c) (1) A caller may be provided the means to bypass the information and disclosure message on subsequent calls, provided that the caller has sole control of that capability, except that any bypass device shall be disabled for a period of thirty (30) days following the effective date of a price increase for the service. (2) Instructions on how to bypass must be either at the end of the preamble message or at the end of the service. (d) When an information provider's pay-per-call service results in a total potential cost of two dollars ($2.00) or less, or if the call is being provided for polling services, asynchronous or computerized data transmission technology, or political fundraising, the provisions of this section shall not apply. Acts 1993, No. 203, § 3.

(a) (1) An information provider that offers pay-per-call services in this state shall provide a minimum of twelve (12) seconds of delayed timing for an information and disclosure message which shall be reasonable in speed so as to be clearly understandable. (2) A three-second period of silence shall follow the information and disclosure message. (3) If the consumer disconnects the call within the delayed timing period, or within three (3) seconds after the delayed timing period, no information charge shall be billed to the caller. (4) If the delayed timing period is exceeded, a consumer shall be billed from the time of the initial connection, and transport charges shall be billed to the information provider from the time of the initial connection. (5) During the delayed timing period, the information provider shall inform the consumer of all of the following: (A) An accurate description of the service that will be provided to the caller; (B) An accurate summation of the cost of the service including, but not limited to, all of the following: (i) The initial flat rate charge, if any; (ii) The charge per minute, if any; and (iii) The maximum charge per call; (C) That, if the caller disconnects the call within the delayed timing period, the consumer will not be charged for the call; and (D) Before the end of the delayed timing period, that the billing will commence after a specified event following the disclosure message, such as a signal tone.

(1) An information provider that offers pay-per-call services in this state shall provide a minimum of twelve (12) seconds of delayed timing for an information and disclosure message which shall be reasonable in speed so as to be clearly understandable.

(2) A three-second period of silence shall follow the information and disclosure message.

(3) If the consumer disconnects the call within the delayed timing period, or within three (3) seconds after the delayed timing period, no information charge shall be billed to the caller.

(4) If the delayed timing period is exceeded, a consumer shall be billed from the time of the initial connection, and transport charges shall be billed to the information provider from the time of the initial connection.

(5) During the delayed timing period, the information provider shall inform the consumer of all of the following: (A) An accurate description of the service that will be provided to the caller; (B) An accurate summation of the cost of the service including, but not limited to, all of the following: (i) The initial flat rate charge, if any; (ii) The charge per minute, if any; and (iii) The maximum charge per call; (C) That, if the caller disconnects the call within the delayed timing period, the consumer will not be charged for the call; and (D) Before the end of the delayed timing period, that the billing will commence after a specified event following the disclosure message, such as a signal tone.

(A) An accurate description of the service that will be provided to the caller;

(B) An accurate summation of the cost of the service including, but not limited to, all of the following: (i) The initial flat rate charge, if any; (ii) The charge per minute, if any; and (iii) The maximum charge per call;

(i) The initial flat rate charge, if any;

(ii) The charge per minute, if any; and

(iii) The maximum charge per call;

(C) That, if the caller disconnects the call within the delayed timing period, the consumer will not be charged for the call; and

(D) Before the end of the delayed timing period, that the billing will commence after a specified event following the disclosure message, such as a signal tone.

(b) Any information charges and price disclosure message associated with a pay-per-call service that is aimed at or likely to be of interest to children under the age of eighteen (18) years must contain a statement that the caller should hang up unless he or she has parental permission.

(c) (1) A caller may be provided the means to bypass the information and disclosure message on subsequent calls, provided that the caller has sole control of that capability, except that any bypass device shall be disabled for a period of thirty (30) days following the effective date of a price increase for the service. (2) Instructions on how to bypass must be either at the end of the preamble message or at the end of the service.

(1) A caller may be provided the means to bypass the information and disclosure message on subsequent calls, provided that the caller has sole control of that capability, except that any bypass device shall be disabled for a period of thirty (30) days following the effective date of a price increase for the service.

(2) Instructions on how to bypass must be either at the end of the preamble message or at the end of the service.

(d) When an information provider's pay-per-call service results in a total potential cost of two dollars ($2.00) or less, or if the call is being provided for polling services, asynchronous or computerized data transmission technology, or political fundraising, the provisions of this section shall not apply.

Acts 1993, No. 203, § 3.
Ark. Code Ann. § 4-75-601 — AR Code / Title 4 / Chapter 75 / Subchapter 6 / Section 4-75-601
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means; (2) "Misappropriation" means: (A) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or (B) Disclosure or use of a trade secret of another without express or implied consent by a person who: (i) Used improper means to acquire knowledge of the trade secret; or (ii) At the time of disclosure or use, knew or had reason to know that his or her knowledge of the trade secret was: (a) Derived from or through a person who had utilized improper means to acquire it; (b) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or (c) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or (iii) Before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake; (3) "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity; and (4) "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (A) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (B) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. Acts 1981, No. 439, § 1; A.S.A. 1947, § 70-1001.

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

(1) "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means;

(2) "Misappropriation" means: (A) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or (B) Disclosure or use of a trade secret of another without express or implied consent by a person who: (i) Used improper means to acquire knowledge of the trade secret; or (ii) At the time of disclosure or use, knew or had reason to know that his or her knowledge of the trade secret was: (a) Derived from or through a person who had utilized improper means to acquire it; (b) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or (c) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or (iii) Before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake;

(A) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or

(B) Disclosure or use of a trade secret of another without express or implied consent by a person who: (i) Used improper means to acquire knowledge of the trade secret; or (ii) At the time of disclosure or use, knew or had reason to know that his or her knowledge of the trade secret was: (a) Derived from or through a person who had utilized improper means to acquire it; (b) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or (c) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or (iii) Before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake;

(i) Used improper means to acquire knowledge of the trade secret; or

(ii) At the time of disclosure or use, knew or had reason to know that his or her knowledge of the trade secret was: (a) Derived from or through a person who had utilized improper means to acquire it; (b) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or (c) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or

(a) Derived from or through a person who had utilized improper means to acquire it;

(b) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or

(c) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or

(iii) Before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake;

(3) "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity; and

(4) "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (A) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (B) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

(A) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and

(B) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Acts 1981, No. 439, § 1; A.S.A. 1947, § 70-1001.
Ark. Code Ann. § 4-17-104 — AR Code / Title 4 / Chapter 17 / Section 4-17-104
Notes, tickets, etc. - Actions
Status: in_force

(a) The holder or owner of any change ticket, bill, or small note issued for the purpose of change, or otherwise, shall have the right to sue the drawer, issuer, or endorser of the change ticket or tickets, bill or bills, or small note or notes before any justice of the peace in this state. (b) The justice of the peace before whom any suit may be brought under the provisions of this section, in all cases where he or she is satisfied that the defendant in the suit did draw, issue, sign, or endorse the change ticket, bill, or small note sued on and that the same is not paid, forthwith shall give judgment for the plaintiff for the amount of the change ticket, bill, or note sued on and shall forthwith grant the plaintiff an execution on the judgment if the plaintiff requires the execution. (c) Any condition specified or set forth in any change ticket, bill, or note sued on that payment will be made when the sum of five dollars ($5.00) is presented shall not be a bar to any plaintiff obtaining a judgment on any change ticket, bill, or small note; however, the justice of the peace shall give judgment for the amount of the change ticket, bill, or small note sued on. Rev. Stat., ch. 24, §§ 1-3; C. & M. Dig., §§ 1008-1010; Pope's Dig., §§ 1217-1219; A.S.A. 1947, §§ 68-709 -- 68-711.

(a) The holder or owner of any change ticket, bill, or small note issued for the purpose of change, or otherwise, shall have the right to sue the drawer, issuer, or endorser of the change ticket or tickets, bill or bills, or small note or notes before any justice of the peace in this state.

(b) The justice of the peace before whom any suit may be brought under the provisions of this section, in all cases where he or she is satisfied that the defendant in the suit did draw, issue, sign, or endorse the change ticket, bill, or small note sued on and that the same is not paid, forthwith shall give judgment for the plaintiff for the amount of the change ticket, bill, or note sued on and shall forthwith grant the plaintiff an execution on the judgment if the plaintiff requires the execution.

(c) Any condition specified or set forth in any change ticket, bill, or note sued on that payment will be made when the sum of five dollars ($5.00) is presented shall not be a bar to any plaintiff obtaining a judgment on any change ticket, bill, or small note; however, the justice of the peace shall give judgment for the amount of the change ticket, bill, or small note sued on.

Rev. Stat., ch. 24, §§ 1-3; C. & M. Dig., §§ 1008-1010; Pope's Dig., §§ 1217-1219; A.S.A. 1947, §§ 68-709 -- 68-711.
Ark. Code Ann. § 4-47-305 — AR Code / Title 4 / Chapter 47 / Subchapter 3 / Section 4-47-305
Limited duties of limited partners
Status: in_force

(a) A limited partner does not have any fiduciary duty to the limited partnership or to any other partner solely by reason of being a limited partner. (b) A limited partner shall discharge the duties to the partnership and the other partners under this chapter or under the partnership agreement and exercise any rights consistently with the obligation of good faith and fair dealing. (c) A limited partner does not violate a duty or obligation under this chapter or under the partnership agreement merely because the limited partner's conduct furthers the limited partner's own interest. Acts 2007, No. 15, § 1.

(a) A limited partner does not have any fiduciary duty to the limited partnership or to any other partner solely by reason of being a limited partner.

(b) A limited partner shall discharge the duties to the partnership and the other partners under this chapter or under the partnership agreement and exercise any rights consistently with the obligation of good faith and fair dealing.

(c) A limited partner does not violate a duty or obligation under this chapter or under the partnership agreement merely because the limited partner's conduct furthers the limited partner's own interest.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-90-803 — AR Code / Title 4 / Chapter 90 / Subchapter 8 / Section 4-90-803
Requirements for offering guaranteed asset protection waivers
Status: in_force

(a) A guaranteed asset protection waiver may be offered, sold, or provided to a borrower in this state under this subchapter. (b) At the option of the creditor that offers the guaranteed asset protection waiver, a guaranteed asset protection waiver may: (1) Be sold for a single payment; or (2) Be offered with a monthly or periodic payment option. (c) Notwithstanding any other provision of law, any cost to the borrower for a guaranteed asset protection waiver entered into in compliance with the Truth in Lending Act, 15 U.S.C. § 1601 et seq., and its implementing federal regulations, as it existed on January 1, 2019, shall be separately itemized in the finance agreement and is not to be considered a finance charge or interest. (d) (1) A retail seller shall insure its guaranteed asset protection waiver obligations under a contractual liability or other insurance policy issued by an insurer. (2) A creditor, other than a retail seller, may insure its guaranteed asset protection waiver obligations under a contractual liability policy or other policy issued by an insurer. (3) (A) The insurance policy may be directly obtained by a creditor, retail seller, or procured by an administrator to cover a creditor's or retail seller's obligations under the guaranteed asset protection waiver. (B) A retail seller that is a lessor of motor vehicles and does not assign its finance agreements is not required to insure its obligations related to guaranteed asset protection waivers on its sold or leased vehicles. (e) The guaranteed asset protection waiver remains a part of the finance agreement upon an assignment, sale, or transfer of the finance agreement by the creditor. (f) Neither the extension of credit, the term of credit, nor the term of the related motor vehicle sale or lease may be conditioned on the purchase of a guaranteed asset protection waiver. (g) A creditor that offers a guaranteed asset protection waiver shall report the sale of, and forward funds received on, all waivers to the designated party, if any, as prescribed in any applicable administration services agreement, contractual liability policy, other insurance policy, or other specified program documents. (h) Moneys received or held by a creditor or administrator and belonging to an insurer, creditor, or administrator, under the terms of a written agreement, shall be held by the creditor or administrator in a fiduciary capacity. Added by Act 2019, No. 787,§ 1, eff. 7/24/2019.

(a) A guaranteed asset protection waiver may be offered, sold, or provided to a borrower in this state under this subchapter.

(b) At the option of the creditor that offers the guaranteed asset protection waiver, a guaranteed asset protection waiver may: (1) Be sold for a single payment; or (2) Be offered with a monthly or periodic payment option.

(1) Be sold for a single payment; or

(2) Be offered with a monthly or periodic payment option.

(c) Notwithstanding any other provision of law, any cost to the borrower for a guaranteed asset protection waiver entered into in compliance with the Truth in Lending Act, 15 U.S.C. § 1601 et seq., and its implementing federal regulations, as it existed on January 1, 2019, shall be separately itemized in the finance agreement and is not to be considered a finance charge or interest.

(d) (1) A retail seller shall insure its guaranteed asset protection waiver obligations under a contractual liability or other insurance policy issued by an insurer. (2) A creditor, other than a retail seller, may insure its guaranteed asset protection waiver obligations under a contractual liability policy or other policy issued by an insurer. (3) (A) The insurance policy may be directly obtained by a creditor, retail seller, or procured by an administrator to cover a creditor's or retail seller's obligations under the guaranteed asset protection waiver. (B) A retail seller that is a lessor of motor vehicles and does not assign its finance agreements is not required to insure its obligations related to guaranteed asset protection waivers on its sold or leased vehicles.

(1) A retail seller shall insure its guaranteed asset protection waiver obligations under a contractual liability or other insurance policy issued by an insurer.

(2) A creditor, other than a retail seller, may insure its guaranteed asset protection waiver obligations under a contractual liability policy or other policy issued by an insurer.

(3) (A) The insurance policy may be directly obtained by a creditor, retail seller, or procured by an administrator to cover a creditor's or retail seller's obligations under the guaranteed asset protection waiver. (B) A retail seller that is a lessor of motor vehicles and does not assign its finance agreements is not required to insure its obligations related to guaranteed asset protection waivers on its sold or leased vehicles.

(A) The insurance policy may be directly obtained by a creditor, retail seller, or procured by an administrator to cover a creditor's or retail seller's obligations under the guaranteed asset protection waiver.

(B) A retail seller that is a lessor of motor vehicles and does not assign its finance agreements is not required to insure its obligations related to guaranteed asset protection waivers on its sold or leased vehicles.

(e) The guaranteed asset protection waiver remains a part of the finance agreement upon an assignment, sale, or transfer of the finance agreement by the creditor.

(f) Neither the extension of credit, the term of credit, nor the term of the related motor vehicle sale or lease may be conditioned on the purchase of a guaranteed asset protection waiver.

(g) A creditor that offers a guaranteed asset protection waiver shall report the sale of, and forward funds received on, all waivers to the designated party, if any, as prescribed in any applicable administration services agreement, contractual liability policy, other insurance policy, or other specified program documents.

(h) Moneys received or held by a creditor or administrator and belonging to an insurer, creditor, or administrator, under the terms of a written agreement, shall be held by the creditor or administrator in a fiduciary capacity.

Added by Act 2019, No. 787,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 4-46-1105 — AR Code / Title 4 / Chapter 46 / Subchapter 11 / Section 4-46-1105
Action by Attorney General
Status: in_force

The Attorney General may maintain an action to restrain a foreign limited liability partnership from transacting business in this State in violation of this subchapter. Acts 1999, No. 1518, § 1105.

The Attorney General may maintain an action to restrain a foreign limited liability partnership from transacting business in this State in violation of this subchapter.

Acts 1999, No. 1518, § 1105.
Ark. Code Ann. § 4-105-202 — AR Code / Title 4 / Chapter 105 / Subchapter 2 / Section 4-105-202
Express warranties
Status: in_force

(a) A manufacturer who in the State of Arkansas sells an assistive device to a consumer shall provide to the consumer an express warranty to continue no less than one (1) year after first delivery of the assistive device. (b) In the absence of an express warranty from the manufacturer, the manufacturer shall be deemed to have expressly warranted to the consumer of an assistive device that for a period of no less than one (1) year after the date of first delivery to the consumer the assistive device will be free from any condition or defect which substantially impairs the value of the assistive device to the consumer. Acts 1999, No. 953, § 2.

(a) A manufacturer who in the State of Arkansas sells an assistive device to a consumer shall provide to the consumer an express warranty to continue no less than one (1) year after first delivery of the assistive device.

(b) In the absence of an express warranty from the manufacturer, the manufacturer shall be deemed to have expressly warranted to the consumer of an assistive device that for a period of no less than one (1) year after the date of first delivery to the consumer the assistive device will be free from any condition or defect which substantially impairs the value of the assistive device to the consumer.

Acts 1999, No. 953, § 2.
Ark. Code Ann. § 4-88-111 — AR Code / Title 4 / Chapter 88 / Subchapter 1 / Section 4-88-111
Investigations - Procedure - Confidential information
Status: in_force

(a) When the Attorney General determines that an investigation should be made as to whether a person has engaged in, is engaging in, or shows evidence of intent to engage in any practice declared to be unlawful by this chapter, when he or she receives a request for enforcement proceedings from a consumer or labor organization, better business bureau, chamber of commerce, or any state agency, or when he or she receives a written complaint from a consumer of a practice declared to be unlawful under this chapter, he or she may: (1) Require that person to file a statement or report in writing as to the facts and circumstances concerning the matter, together with such other data as may be reasonably related thereto; (2) Examine under oath or take the deposition of any person in connection with the matter; and (3) Examine any merchandise, or sample thereof, sales tickets, or other records relating thereto. (b) Unless otherwise ordered by a court for good cause shown, no statement or documentary material produced pursuant to a demand under this section shall be produced for inspection or copying by, nor shall the contents thereof be disclosed to, any person other than the authorized employee of the Attorney General without the consent of the person who produced the material. (c) The Attorney General or any attorney designated by him or her may use the documentary material or copies thereof in the enforcement of this chapter by presentation before any court, provided that any such material which contains trade secrets shall not be presented except with the approval of the court in which the action is pending after adequate notice to the person furnishing such material. However, when material containing trade secrets is presented with court approval, the material and the evidence pertaining thereto shall be held in camera and shall not be part of the court record or trial transcript. (d) No statements, documents, or other information maintained or produced as a result of an ongoing investigation of possible violations of this chapter shall be disclosed to any person other than those persons specifically authorized by the Attorney General to receive such information. Acts 1971, No. 92, § 9; A.S.A. 1947, § 70-909; Acts 1991, No. 1177, § 3; 1993, No. 587, § 3.

(a) When the Attorney General determines that an investigation should be made as to whether a person has engaged in, is engaging in, or shows evidence of intent to engage in any practice declared to be unlawful by this chapter, when he or she receives a request for enforcement proceedings from a consumer or labor organization, better business bureau, chamber of commerce, or any state agency, or when he or she receives a written complaint from a consumer of a practice declared to be unlawful under this chapter, he or she may: (1) Require that person to file a statement or report in writing as to the facts and circumstances concerning the matter, together with such other data as may be reasonably related thereto; (2) Examine under oath or take the deposition of any person in connection with the matter; and (3) Examine any merchandise, or sample thereof, sales tickets, or other records relating thereto.

(1) Require that person to file a statement or report in writing as to the facts and circumstances concerning the matter, together with such other data as may be reasonably related thereto;

(2) Examine under oath or take the deposition of any person in connection with the matter; and

(3) Examine any merchandise, or sample thereof, sales tickets, or other records relating thereto.

(b) Unless otherwise ordered by a court for good cause shown, no statement or documentary material produced pursuant to a demand under this section shall be produced for inspection or copying by, nor shall the contents thereof be disclosed to, any person other than the authorized employee of the Attorney General without the consent of the person who produced the material.

(c) The Attorney General or any attorney designated by him or her may use the documentary material or copies thereof in the enforcement of this chapter by presentation before any court, provided that any such material which contains trade secrets shall not be presented except with the approval of the court in which the action is pending after adequate notice to the person furnishing such material. However, when material containing trade secrets is presented with court approval, the material and the evidence pertaining thereto shall be held in camera and shall not be part of the court record or trial transcript.

(d) No statements, documents, or other information maintained or produced as a result of an ongoing investigation of possible violations of this chapter shall be disclosed to any person other than those persons specifically authorized by the Attorney General to receive such information.

Acts 1971, No. 92, § 9; A.S.A. 1947, § 70-909; Acts 1991, No. 1177, § 3; 1993, No. 587, § 3.
Ark. Code Ann. § 4-99-110 — AR Code / Title 4 / Chapter 99 / Subchapter 1 / Section 4-99-110
Soliciting prospective purchasers on behalf of unregistered telephonic seller prohibited - Violation
Status: in_force

(a) (1) A salesperson shall not solicit prospective purchasers on behalf of a telephonic seller who is not currently registered with the Secretary of State under this chapter. (2) A salesperson who violates this section shall be guilty of a Class A misdemeanor. (b) Except as provided in subdivision (a)(1) of this section, any person, including without limitation the seller, a salesperson, agent or representative of the seller, or an independent contractor, who willfully violates a provision of this chapter or who directly or indirectly employs a device, scheme, or artifice to deceive in connection with the offer or sale by a telephonic seller, or who willfully, directly or indirectly, engages in any act, practice, or course of business that operates or would operate as fraud or deceit upon a person in connection with a sale by a telephonic seller shall be, upon conviction, guilty of a Class D felony. (c) (1) A person who controls a seller liable under this section, or a salesperson liable under subdivision (a)(1) of this section, every partner, officer, or director of such a seller or salesperson, a person occupying a similar status or performing a similar function, and an employee of such a seller or salesperson who materially aids in the sale or attempted sale are also liable jointly and severally with and to the same extent as the seller or salesperson, unless the nonseller or nonsalesperson who is so liable sustains the burden of proof that he or she did not know and in the exercise of reasonable care could not have known of the existence of the facts by reason of which the liability is alleged to exist. (2) There is contribution as in cases of contract among the several persons so liable. Amended by Act 2017, No. 728,§ 7, eff. 1/1/2018. Acts 1993, No. 137, §§ 10, 11.

(a) (1) A salesperson shall not solicit prospective purchasers on behalf of a telephonic seller who is not currently registered with the Secretary of State under this chapter. (2) A salesperson who violates this section shall be guilty of a Class A misdemeanor.

(1) A salesperson shall not solicit prospective purchasers on behalf of a telephonic seller who is not currently registered with the Secretary of State under this chapter.

(2) A salesperson who violates this section shall be guilty of a Class A misdemeanor.

(b) Except as provided in subdivision (a)(1) of this section, any person, including without limitation the seller, a salesperson, agent or representative of the seller, or an independent contractor, who willfully violates a provision of this chapter or who directly or indirectly employs a device, scheme, or artifice to deceive in connection with the offer or sale by a telephonic seller, or who willfully, directly or indirectly, engages in any act, practice, or course of business that operates or would operate as fraud or deceit upon a person in connection with a sale by a telephonic seller shall be, upon conviction, guilty of a Class D felony.

(c) (1) A person who controls a seller liable under this section, or a salesperson liable under subdivision (a)(1) of this section, every partner, officer, or director of such a seller or salesperson, a person occupying a similar status or performing a similar function, and an employee of such a seller or salesperson who materially aids in the sale or attempted sale are also liable jointly and severally with and to the same extent as the seller or salesperson, unless the nonseller or nonsalesperson who is so liable sustains the burden of proof that he or she did not know and in the exercise of reasonable care could not have known of the existence of the facts by reason of which the liability is alleged to exist. (2) There is contribution as in cases of contract among the several persons so liable.

(1) A person who controls a seller liable under this section, or a salesperson liable under subdivision (a)(1) of this section, every partner, officer, or director of such a seller or salesperson, a person occupying a similar status or performing a similar function, and an employee of such a seller or salesperson who materially aids in the sale or attempted sale are also liable jointly and severally with and to the same extent as the seller or salesperson, unless the nonseller or nonsalesperson who is so liable sustains the burden of proof that he or she did not know and in the exercise of reasonable care could not have known of the existence of the facts by reason of which the liability is alleged to exist.

(2) There is contribution as in cases of contract among the several persons so liable.

Amended by Act 2017, No. 728,§ 7, eff. 1/1/2018.

Acts 1993, No. 137, §§ 10, 11.
Ark. Code Ann. § 4-28-622 — AR Code / Title 4 / Chapter 28 / Subchapter 6 / Section 4-28-622
Selection of managers; Management rights of managers
Status: in_force

Except as otherwise provided in this subchapter or the governing principles: (1) only the members may select a manager or managers; (2) a manager may be a member or a nonmember; (3) if a manager is not selected, all members are managers; (4) each manager has equal rights in the management and conduct of the association's activities; (5) all matters relating to the association's activities are decided by its managers except for matters reserved for approval by members in § 4-28-616 ; and (6) a difference among managers is decided by a majority of the managers. Acts 2011, No. 202, § 2.

Except as otherwise provided in this subchapter or the governing principles:

(1) only the members may select a manager or managers;

(2) a manager may be a member or a nonmember;

(3) if a manager is not selected, all members are managers;

(4) each manager has equal rights in the management and conduct of the association's activities;

(5) all matters relating to the association's activities are decided by its managers except for matters reserved for approval by members in § 4-28-616 ; and

(6) a difference among managers is decided by a majority of the managers.

Acts 2011, No. 202, § 2.
Ark. Code Ann. § 4-26-1106 — AR Code / Title 4 / Chapter 26 / Subchapter 11 / Section 4-26-1106
Jurisdiction of court to supervise liquidation
Status: in_force

(a) At any time after dissolution of a corporation, the circuit court, upon the petition of the corporation or, in a situation approved by the court, upon the petition of a creditor, claimant, director, officer, shareholder, subscriber for shares, incorporator, or the Attorney General, provided it makes an affirmative finding, if the petition is contested, that the corporate assets are being, or are about to be, misapplied or wasted and that the creditors or shareholders are threatened with irreparable damage, may supervise generally the liquidation of the corporation and make all such orders as it may deem proper in all matters in connection with the winding up of the affairs of the corporation and, without limiting the generality thereof, in respect to the following: (1) The adequacy of the notice, if any, given to creditors and claimants; and if the court finds inadequate notice was given, it may require such additional notice as to the court may seem proper; or if no notice has been given, the court shall require the publication of a notice for three (3) consecutive weeks warning creditors and claimants to file their claims with the court within one hundred twenty (120) days following the first publication or else be barred; (2) The determination of the validity and amount or invalidity of any claims which have been presented or may be presented to the corporation or to the court or its receiver; (3) The barring of all creditors and claimants who have not filed claims in a timely manner as provided in any such notice or whose claims have been disallowed by the court, as against the corporation, its assets, directors, and shareholders; (4) The determination and enforcement of the liability of any director, officer, shareholder, or subscriber for shares to the corporation or for the liabilities of the corporation; (5) The payment, satisfaction, or compromise of claims against the corporation, the retention of assets for such purpose, and the determination of the adequacy of provisions made for the payment of the liabilities of the corporation; (6) The appointment and removal of a receiver who may be a director, officer, shareholder, or other person; however, some official or substantial stockholder shall be preferred in appointing a receiver unless the court finds there are compelling reasons to the contrary; (7) The return, where lawful, of subscription payments to subscribers for shares and the making of distributions, in cash or in kind or partly each, to the shareholders; (8) The disposition or destruction of records, documents, and papers of the corporation; (9) The issuance of injunctions against unauthorized or unlawful acts on the part of the corporation or its officials, restraining creditors from proceeding against the corporation in any other court, or issuing orders and injunctions for any other purpose which tends to safeguard the rights of the corporation, its shareholders, creditors, or claimants; (10) Ordering and supervising the public or private sale of any or all assets of the corporation on terms approved by the court, which sale may be made by the corporation under the court's direction or by a receiver or commissioner appointed by the court; (11) Extending the time, where equitable, for creditors and claimants to file their claims with the court and barring all creditors who have not filed their claims in a timely manner from participating in the distribution of the assets of the corporation. (b) (1) Orders under this section may be entered ex parte, except that the court may require notice to be given to the corporation and also to be given to other interested parties in such manner as the court may deem proper of any hearings and of the entry of any orders. (2) All orders made by the court under this section shall be binding upon the Attorney General, the corporation, its officers, directors, shareholders, subscribers for shares, incorporators, creditors, and claimants but shall not be binding upon any party who has not received notice of the hearing if the court had directed that notice be given to such party. (c) If the circuit court acquires jurisdiction to supervise the liquidation of a corporation, its jurisdiction will be exclusive. (d) The venue of a proceeding under this section will be the county in which the corporation maintained on the date of dissolution its principal place of business or, if it had no such principal place of business, in the county wherein its registered office is located; otherwise the venue shall be Pulaski County. Acts 1965, No. 576, § 88; A.S.A. 1947, § 64-906.

(a) At any time after dissolution of a corporation, the circuit court, upon the petition of the corporation or, in a situation approved by the court, upon the petition of a creditor, claimant, director, officer, shareholder, subscriber for shares, incorporator, or the Attorney General, provided it makes an affirmative finding, if the petition is contested, that the corporate assets are being, or are about to be, misapplied or wasted and that the creditors or shareholders are threatened with irreparable damage, may supervise generally the liquidation of the corporation and make all such orders as it may deem proper in all matters in connection with the winding up of the affairs of the corporation and, without limiting the generality thereof, in respect to the following: (1) The adequacy of the notice, if any, given to creditors and claimants; and if the court finds inadequate notice was given, it may require such additional notice as to the court may seem proper; or if no notice has been given, the court shall require the publication of a notice for three (3) consecutive weeks warning creditors and claimants to file their claims with the court within one hundred twenty (120) days following the first publication or else be barred; (2) The determination of the validity and amount or invalidity of any claims which have been presented or may be presented to the corporation or to the court or its receiver; (3) The barring of all creditors and claimants who have not filed claims in a timely manner as provided in any such notice or whose claims have been disallowed by the court, as against the corporation, its assets, directors, and shareholders; (4) The determination and enforcement of the liability of any director, officer, shareholder, or subscriber for shares to the corporation or for the liabilities of the corporation; (5) The payment, satisfaction, or compromise of claims against the corporation, the retention of assets for such purpose, and the determination of the adequacy of provisions made for the payment of the liabilities of the corporation; (6) The appointment and removal of a receiver who may be a director, officer, shareholder, or other person; however, some official or substantial stockholder shall be preferred in appointing a receiver unless the court finds there are compelling reasons to the contrary; (7) The return, where lawful, of subscription payments to subscribers for shares and the making of distributions, in cash or in kind or partly each, to the shareholders; (8) The disposition or destruction of records, documents, and papers of the corporation; (9) The issuance of injunctions against unauthorized or unlawful acts on the part of the corporation or its officials, restraining creditors from proceeding against the corporation in any other court, or issuing orders and injunctions for any other purpose which tends to safeguard the rights of the corporation, its shareholders, creditors, or claimants; (10) Ordering and supervising the public or private sale of any or all assets of the corporation on terms approved by the court, which sale may be made by the corporation under the court's direction or by a receiver or commissioner appointed by the court; (11) Extending the time, where equitable, for creditors and claimants to file their claims with the court and barring all creditors who have not filed their claims in a timely manner from participating in the distribution of the assets of the corporation.

(1) The adequacy of the notice, if any, given to creditors and claimants; and if the court finds inadequate notice was given, it may require such additional notice as to the court may seem proper; or if no notice has been given, the court shall require the publication of a notice for three (3) consecutive weeks warning creditors and claimants to file their claims with the court within one hundred twenty (120) days following the first publication or else be barred;

(2) The determination of the validity and amount or invalidity of any claims which have been presented or may be presented to the corporation or to the court or its receiver;

(3) The barring of all creditors and claimants who have not filed claims in a timely manner as provided in any such notice or whose claims have been disallowed by the court, as against the corporation, its assets, directors, and shareholders;

(4) The determination and enforcement of the liability of any director, officer, shareholder, or subscriber for shares to the corporation or for the liabilities of the corporation;

(5) The payment, satisfaction, or compromise of claims against the corporation, the retention of assets for such purpose, and the determination of the adequacy of provisions made for the payment of the liabilities of the corporation;

(6) The appointment and removal of a receiver who may be a director, officer, shareholder, or other person; however, some official or substantial stockholder shall be preferred in appointing a receiver unless the court finds there are compelling reasons to the contrary;

(7) The return, where lawful, of subscription payments to subscribers for shares and the making of distributions, in cash or in kind or partly each, to the shareholders;

(8) The disposition or destruction of records, documents, and papers of the corporation;

(9) The issuance of injunctions against unauthorized or unlawful acts on the part of the corporation or its officials, restraining creditors from proceeding against the corporation in any other court, or issuing orders and injunctions for any other purpose which tends to safeguard the rights of the corporation, its shareholders, creditors, or claimants;

(10) Ordering and supervising the public or private sale of any or all assets of the corporation on terms approved by the court, which sale may be made by the corporation under the court's direction or by a receiver or commissioner appointed by the court;

(11) Extending the time, where equitable, for creditors and claimants to file their claims with the court and barring all creditors who have not filed their claims in a timely manner from participating in the distribution of the assets of the corporation.

(b) (1) Orders under this section may be entered ex parte, except that the court may require notice to be given to the corporation and also to be given to other interested parties in such manner as the court may deem proper of any hearings and of the entry of any orders. (2) All orders made by the court under this section shall be binding upon the Attorney General, the corporation, its officers, directors, shareholders, subscribers for shares, incorporators, creditors, and claimants but shall not be binding upon any party who has not received notice of the hearing if the court had directed that notice be given to such party.

(1) Orders under this section may be entered ex parte, except that the court may require notice to be given to the corporation and also to be given to other interested parties in such manner as the court may deem proper of any hearings and of the entry of any orders.

(2) All orders made by the court under this section shall be binding upon the Attorney General, the corporation, its officers, directors, shareholders, subscribers for shares, incorporators, creditors, and claimants but shall not be binding upon any party who has not received notice of the hearing if the court had directed that notice be given to such party.

(c) If the circuit court acquires jurisdiction to supervise the liquidation of a corporation, its jurisdiction will be exclusive.

(d) The venue of a proceeding under this section will be the county in which the corporation maintained on the date of dissolution its principal place of business or, if it had no such principal place of business, in the county wherein its registered office is located; otherwise the venue shall be Pulaski County.

Acts 1965, No. 576, § 88; A.S.A. 1947, § 64-906.
Ark. Code Ann. § 4-38-903 — AR Code / Title 4 / Chapter 38 / Subchapter 9 / Section 4-38-903
Foreign registration statement
Status: in_force

To register to do business in this state, a foreign limited liability company must deliver a foreign registration statement to the Secretary of State for filing. The statement must state: (1) the name of the company and, if the name does not comply with § 4-38-112 , an alternate name adopted pursuant to § 4-38-906(a) ; (2) that the company is a foreign limited liability company; (3) the company's jurisdiction of formation; (4) the street and mailing addresses of the company's principal office and, if the law of the company's jurisdiction of formation requires the company to maintain an office in that jurisdiction, the street and mailing addresses of the required office; and (5) the name and street and mailing addresses of the company's registered agent in this state. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

To register to do business in this state, a foreign limited liability company must deliver a foreign registration statement to the Secretary of State for filing. The statement must state:

(1) the name of the company and, if the name does not comply with § 4-38-112 , an alternate name adopted pursuant to § 4-38-906(a) ;

(2) that the company is a foreign limited liability company;

(3) the company's jurisdiction of formation;

(4) the street and mailing addresses of the company's principal office and, if the law of the company's jurisdiction of formation requires the company to maintain an office in that jurisdiction, the street and mailing addresses of the required office; and

(5) the name and street and mailing addresses of the company's registered agent in this state.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-88-1305 — AR Code / Title 4 / Chapter 88 / Subchapter 13 / Section 4-88-1305
Liability for publishers and distributors of material harmful to minors
Status: in_force

(a) (1) A commercial entity that knowingly and intentionally publishes or distributes material that is harmful to minors on the internet from a website that contains a substantial portion of material that is harmful to minors is liable if the commercial entity fails to perform reasonable age verification to verify the age of the individual attempting to access the material. (2) If a commercial entity or third-party vendor performs a reasonable age verification, the commercial entity shall not retain any identifying information of the individual after access to the material has been granted. (b) A commercial entity that violates this subchapter is liable to an individual for damages resulting from a minor accessing the material harmful to minors, including court costs and reasonable attorney's fees as ordered by the court. (c) A commercial entity that is found to have knowingly retained identifying information of an individual after access to the material has been granted is liable to the individual for damages resulting from retaining the identifying information, including court costs and reasonable attorney's fees as ordered by the court. (d) This section does not: (1) Apply to a news or public interest broadcast, website video, report, or event; (2) Affect the rights of a news-gathering organization; or (3) Apply to cloud service providers. (e) An internet service provider, or any of its affiliates or subsidiaries or search engines shall not violate this subchapter solely by providing access or connection to or from a website or other information or content on the internet or a facility, system, or network that is not under that internet service provider's control, including transmission, downloading, intermediate storage, access software, or other service that provides access or connectivity, to the extent the internet service provider is not responsible for the creation of the content or the communication that constitutes material that is harmful to minors. Added by Act 2023, No. 612,§ 1, eff. 8/1/2023.

(a) (1) A commercial entity that knowingly and intentionally publishes or distributes material that is harmful to minors on the internet from a website that contains a substantial portion of material that is harmful to minors is liable if the commercial entity fails to perform reasonable age verification to verify the age of the individual attempting to access the material. (2) If a commercial entity or third-party vendor performs a reasonable age verification, the commercial entity shall not retain any identifying information of the individual after access to the material has been granted.

(1) A commercial entity that knowingly and intentionally publishes or distributes material that is harmful to minors on the internet from a website that contains a substantial portion of material that is harmful to minors is liable if the commercial entity fails to perform reasonable age verification to verify the age of the individual attempting to access the material.

(2) If a commercial entity or third-party vendor performs a reasonable age verification, the commercial entity shall not retain any identifying information of the individual after access to the material has been granted.

(b) A commercial entity that violates this subchapter is liable to an individual for damages resulting from a minor accessing the material harmful to minors, including court costs and reasonable attorney's fees as ordered by the court.

(c) A commercial entity that is found to have knowingly retained identifying information of an individual after access to the material has been granted is liable to the individual for damages resulting from retaining the identifying information, including court costs and reasonable attorney's fees as ordered by the court.

(d) This section does not: (1) Apply to a news or public interest broadcast, website video, report, or event; (2) Affect the rights of a news-gathering organization; or (3) Apply to cloud service providers.

(1) Apply to a news or public interest broadcast, website video, report, or event;

(2) Affect the rights of a news-gathering organization; or

(3) Apply to cloud service providers.

(e) An internet service provider, or any of its affiliates or subsidiaries or search engines shall not violate this subchapter solely by providing access or connection to or from a website or other information or content on the internet or a facility, system, or network that is not under that internet service provider's control, including transmission, downloading, intermediate storage, access software, or other service that provides access or connectivity, to the extent the internet service provider is not responsible for the creation of the content or the communication that constitutes material that is harmful to minors.

Added by Act 2023, No. 612,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 4-28-626 — AR Code / Title 4 / Chapter 28 / Subchapter 6 / Section 4-28-626
Distributions prohibited; Compensation and other permitted payments
Status: in_force

(a) Except as otherwise provided in subsection (b), an unincorporated nonprofit association may not pay dividends or make distributions to a member or manager. (b) An unincorporated nonprofit association may: (1) pay reasonable compensation or reimburse reasonable expenses to a member or manager for services rendered; (2) confer benefits on a member or manager in conformity with its nonprofit purposes; (3) repurchase a membership and repay a capital contribution made by a member to the extent authorized by its governing principles; or (4) make distributions of property to members upon winding up and termination to the extent permitted by § 4-28-629 . Acts 2011, No. 202, § 2.

(a) Except as otherwise provided in subsection (b), an unincorporated nonprofit association may not pay dividends or make distributions to a member or manager.

(b) An unincorporated nonprofit association may: (1) pay reasonable compensation or reimburse reasonable expenses to a member or manager for services rendered; (2) confer benefits on a member or manager in conformity with its nonprofit purposes; (3) repurchase a membership and repay a capital contribution made by a member to the extent authorized by its governing principles; or (4) make distributions of property to members upon winding up and termination to the extent permitted by § 4-28-629 .

(1) pay reasonable compensation or reimburse reasonable expenses to a member or manager for services rendered;

(2) confer benefits on a member or manager in conformity with its nonprofit purposes;

(3) repurchase a membership and repay a capital contribution made by a member to the extent authorized by its governing principles; or

(4) make distributions of property to members upon winding up and termination to the extent permitted by § 4-28-629 .

Acts 2011, No. 202, § 2.
Ark. Code Ann. § 4-28-402 — AR Code / Title 4 / Chapter 28 / Subchapter 4 / Section 4-28-402
Registration of charitable organizations prior to solicitation
Status: in_force

(a) (1) A charitable organization, in or out of the state, shall not solicit contributions from persons in this state by any means whatsoever until the charitable organization has: (A) Registered; and (B) Provided certain information concerning the charitable organization and its solicitation activity, as required by this subchapter, on forms to be provided by the Secretary of State, and has filed the information with the Secretary of State. (2) The information so filed shall be available to the general public as a matter of public record, except and to the extent the records would otherwise be exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq. (b) The information required under subdivision (a)(1)(B) of this section shall be submitted in writing, sworn to under oath, and provided on a registration form provided by the Secretary of State, to include without limitation: (1) The identity of the charitable organization by or for whom the solicitation is to be conducted, including without limitation: (A) The federal Taxpayer Identification Number; (B) Fictitious names or aliases under which the charitable organization operates; (C) Program names under which the charitable organization solicits; and (D) All chapters, branches, or affiliates that will operate, if any, under the registration of the parent charitable organization; (2) The mailing address and physical address of the charitable organization; (3) The charitable purpose of the charitable organization; (4) The individual or officer who will have custody of the contributions; (5) The individuals responsible for the distribution of the contributions; (6) The period of time during which the solicitation or promotion is to be conducted; (7) A description of the method or methods of solicitation or promotion, in such detail as may from time to time be determined by the Secretary of State; (8) Whether any solicitation or promotion is to be conducted by voluntary unpaid solicitors, by paid solicitors, or both; (9) If in whole or in part by paid solicitors: (A) The name and address of each paid solicitor; (B) The basis of payment; (C) The nature of the arrangement; and (D) A copy of the contract for services; and (10) A copy of the appropriate Internal Revenue Service tax-exempt status form. (c) A chapter, branch, or affiliate in this state of a registered parent charitable organization is not required to register provided the parent charitable organization files a consolidated financial report or tax information form for itself and the chapter, branch, or affiliate. Amended by Act 2017, No. 727,§ 1, eff. 1/1/2018. Acts 1999, No. 1198, § 2.

(a) (1) A charitable organization, in or out of the state, shall not solicit contributions from persons in this state by any means whatsoever until the charitable organization has: (A) Registered; and (B) Provided certain information concerning the charitable organization and its solicitation activity, as required by this subchapter, on forms to be provided by the Secretary of State, and has filed the information with the Secretary of State. (2) The information so filed shall be available to the general public as a matter of public record, except and to the extent the records would otherwise be exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(1) A charitable organization, in or out of the state, shall not solicit contributions from persons in this state by any means whatsoever until the charitable organization has: (A) Registered; and (B) Provided certain information concerning the charitable organization and its solicitation activity, as required by this subchapter, on forms to be provided by the Secretary of State, and has filed the information with the Secretary of State.

(A) Registered; and

(B) Provided certain information concerning the charitable organization and its solicitation activity, as required by this subchapter, on forms to be provided by the Secretary of State, and has filed the information with the Secretary of State.

(2) The information so filed shall be available to the general public as a matter of public record, except and to the extent the records would otherwise be exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(b) The information required under subdivision (a)(1)(B) of this section shall be submitted in writing, sworn to under oath, and provided on a registration form provided by the Secretary of State, to include without limitation: (1) The identity of the charitable organization by or for whom the solicitation is to be conducted, including without limitation: (A) The federal Taxpayer Identification Number; (B) Fictitious names or aliases under which the charitable organization operates; (C) Program names under which the charitable organization solicits; and (D) All chapters, branches, or affiliates that will operate, if any, under the registration of the parent charitable organization; (2) The mailing address and physical address of the charitable organization; (3) The charitable purpose of the charitable organization; (4) The individual or officer who will have custody of the contributions; (5) The individuals responsible for the distribution of the contributions; (6) The period of time during which the solicitation or promotion is to be conducted; (7) A description of the method or methods of solicitation or promotion, in such detail as may from time to time be determined by the Secretary of State; (8) Whether any solicitation or promotion is to be conducted by voluntary unpaid solicitors, by paid solicitors, or both; (9) If in whole or in part by paid solicitors: (A) The name and address of each paid solicitor; (B) The basis of payment; (C) The nature of the arrangement; and (D) A copy of the contract for services; and (10) A copy of the appropriate Internal Revenue Service tax-exempt status form.

(1) The identity of the charitable organization by or for whom the solicitation is to be conducted, including without limitation: (A) The federal Taxpayer Identification Number; (B) Fictitious names or aliases under which the charitable organization operates; (C) Program names under which the charitable organization solicits; and (D) All chapters, branches, or affiliates that will operate, if any, under the registration of the parent charitable organization;

(A) The federal Taxpayer Identification Number;

(B) Fictitious names or aliases under which the charitable organization operates;

(C) Program names under which the charitable organization solicits; and

(D) All chapters, branches, or affiliates that will operate, if any, under the registration of the parent charitable organization;

(2) The mailing address and physical address of the charitable organization;

(3) The charitable purpose of the charitable organization;

(4) The individual or officer who will have custody of the contributions;

(5) The individuals responsible for the distribution of the contributions;

(6) The period of time during which the solicitation or promotion is to be conducted;

(7) A description of the method or methods of solicitation or promotion, in such detail as may from time to time be determined by the Secretary of State;

(8) Whether any solicitation or promotion is to be conducted by voluntary unpaid solicitors, by paid solicitors, or both;

(9) If in whole or in part by paid solicitors: (A) The name and address of each paid solicitor; (B) The basis of payment; (C) The nature of the arrangement; and (D) A copy of the contract for services; and

(A) The name and address of each paid solicitor;

(B) The basis of payment;

(C) The nature of the arrangement; and

(D) A copy of the contract for services; and

(10) A copy of the appropriate Internal Revenue Service tax-exempt status form.

(c) A chapter, branch, or affiliate in this state of a registered parent charitable organization is not required to register provided the parent charitable organization files a consolidated financial report or tax information form for itself and the chapter, branch, or affiliate.

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

Acts 1999, No. 1198, § 2.
Ark. Code Ann. § 4-46-403 — AR Code / Title 4 / Chapter 46 / Subchapter 4 / Section 4-46-403
Partner's rights and duties with respect to information
Status: in_force

(a) A partnership shall keep its books and records, if any, at its chief executive office. (b) A partnership shall provide partners and their agents and attorneys access to its books and records. It shall provide former partners and their agents and attorneys access to books and records pertaining to the period during which they were partners. The right of access provides the opportunity to inspect and copy books and records during ordinary business hours. A partnership may impose a reasonable charge, covering the costs of labor and material, for copies of documents furnished. (c) Each partner and the partnership shall furnish to a partner, and to the legal representative of a deceased partner or partner under legal disability: (1) without demand, any information concerning the partnership's business and affairs reasonably required for the proper exercise of the partner's rights and duties under the partnership agreement or this chapter; and (2) on demand, any other information concerning the partnership's business and affairs, except to the extent the demand or the information demanded is unreasonable or otherwise improper under the circumstances. Acts 1999, No. 1518, § 403.

(a) A partnership shall keep its books and records, if any, at its chief executive office.

(b) A partnership shall provide partners and their agents and attorneys access to its books and records. It shall provide former partners and their agents and attorneys access to books and records pertaining to the period during which they were partners. The right of access provides the opportunity to inspect and copy books and records during ordinary business hours. A partnership may impose a reasonable charge, covering the costs of labor and material, for copies of documents furnished.

(c) Each partner and the partnership shall furnish to a partner, and to the legal representative of a deceased partner or partner under legal disability: (1) without demand, any information concerning the partnership's business and affairs reasonably required for the proper exercise of the partner's rights and duties under the partnership agreement or this chapter; and (2) on demand, any other information concerning the partnership's business and affairs, except to the extent the demand or the information demanded is unreasonable or otherwise improper under the circumstances.

(1) without demand, any information concerning the partnership's business and affairs reasonably required for the proper exercise of the partner's rights and duties under the partnership agreement or this chapter; and

(2) on demand, any other information concerning the partnership's business and affairs, except to the extent the demand or the information demanded is unreasonable or otherwise improper under the circumstances.

Acts 1999, No. 1518, § 403.
Ark. Code Ann. § 4-91-107 — AR Code / Title 4 / Chapter 91 / Subchapter 1 / Section 4-91-107
[Repealed]
Status: repealed

Repealed by Act 2017, No. 944,§ 8, eff. 8/1/2017. Acts 1987, No. 321, § 5.

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

Acts 1987, No. 321, § 5.
Ark. Code Ann. § 4-33-1301 — AR Code / Title 4 / Chapter 33 / Subchapter 13 / Section 4-33-1301
Prohibited distributions
Status: in_force

Except as authorized by § 4-33-1302 , a corporation shall not make any distributions. Acts 1993, No. 1147, § 1301.

Except as authorized by § 4-33-1302 , a corporation shall not make any distributions.

Acts 1993, No. 1147, § 1301.
Ark. Code Ann. § 4-21-104 — AR Code / Title 4 / Chapter 21 / Section 4-21-104
Marketing of firearms
Status: in_force

A firearm manufactured or sold in Arkansas that is subject to this chapter must have the words "Made in Arkansas" or other words that state that Arkansas is the point of origin of the firearm clearly and conspicuously stamped on a central metallic part such as the receiver or frame. Added by Act 2021, No. 872,§ 1, eff. 7/28/2021.

A firearm manufactured or sold in Arkansas that is subject to this chapter must have the words "Made in Arkansas" or other words that state that Arkansas is the point of origin of the firearm clearly and conspicuously stamped on a central metallic part such as the receiver or frame.

Added by Act 2021, No. 872,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 4-75-315 — AR Code / Title 4 / Chapter 75 / Subchapter 3 / Section 4-75-315
Civil actions and settlements by the Attorney General
Status: in_force

(a) In addition to the other remedies provided in this subchapter, whenever the Attorney General has reason to believe that any person is engaging, has engaged, or is about to engage in any act or practice declared unlawful by this subchapter, the Attorney General may bring an action in the name of the state against that person: (1) To obtain a declaratory judgment that the act or practice violates the provisions of this subchapter; (2) To enjoin any act or practice that violates the provisions of this subchapter by issuance of a temporary restraining order or preliminary or permanent injunction, without bond, upon the giving of appropriate notice; (3) To recover on behalf of the state and its agencies actual damages or restitution for loss incurred either directly or indirectly; and (4) To recover civil penalties of up to one thousand dollars ($1,000) per violation of this subchapter, or any injunction, judgment, or consent order issued or entered into under the provisions of this subchapter and reasonable expenses, investigative costs, and attorney's fees. (b) The Attorney General also may bring a civil action in the name of the state, as parens patriae on behalf of natural persons residing in this state, to secure monetary relief as provided under this section for injury, directly or indirectly sustained by those persons because of any violation of this subchapter, in accordance with the following provisions: (1) The court in which the action is commenced shall award the Attorney General as monetary relief the actual damages sustained or restitution for loss incurred as a result of the violations of this subchapter and the cost of suit, including a reasonable attorney's fee. The court shall exclude from the amount of monetary relief awarded in the action any amount which duplicates amounts that have been awarded for the same injury already or which are allocable to persons who have excluded their claims under subdivision (b)(3)(A) of this section; (2) (A) In any action brought under this section, the Attorney General shall, at the time, in the manner, and with the content as the circuit court may direct, cause notice of the parens patriae action to be given by publication. (B) If the court finds that notice given solely by publication would deny due process of law to any person, the court shall direct the Attorney General to give the notice as may be required by due process of law; (3) (A) Any person on whose behalf an action is brought under this section may elect to exclude from the adjudication the portion of the Attorney General's claim for monetary relief attributable to him or her by filing notice of the election with the court, within the time period specified, in the notice of the action given to the persons to be benefited by the action. (B) Any person failing to give the notice shall be barred during the pendency of the action from commencing an action in his or her own name for the injury alleged in the action and the final judgment in the action shall be res judicata as to any claim which could be brought by the person under this subchapter based on the facts alleged or proven in the action. (C) (i) The provisions set forth in this section and in §§ 4-75-316 - 4-75-319 shall apply only to actions instituted by the Attorney General. (ii) Nothing in the provisions set forth in this section and in §§ 4-75-316 - 4-75-319 shall be deemed to expand or create additional rights or remedies available to persons proceeding under any action instituted by one (1) or more persons or an entity other than the Attorney General for violations of the provisions of this subchapter; and (4) All damages shall be distributed in a manner that will afford each person a reasonable opportunity to secure his or her appropriate portion of the net monetary relief, including a distribution under the theory of cy pres, subject to approval by the court. (c) (1) In lieu of instigating or continuing an action or proceeding, or to conclude an investigation commenced or contemplated by this subchapter, the Attorney General may accept a consent decree with respect to any act or practice alleged to be a violation of this subchapter. (2) The consent decree may include a stipulation for the payment of civil penalties, the Attorney General's reasonable expenses, investigative costs and attorney's fees, an agreement to pay damages or to allow for restitution of money, property, or other things received in connection with a violation of this act, and agreed to injunctive provisions. (3) Before any consent decree entered into under this section is effective, it must be approved by the circuit court, the federal district court, or if an action has already been commenced, the court in which the action is pending and an entry made in that court in the manner required for making an entry of judgment. (4) If the consent decree submitted to the court is to settle an action brought under subsection (b) of this section, notice of the proposed settlement shall be given in the manner as the court directs. (5) Once court approval is received, any breach of the conditions of the consent decree shall be treated as a violation of a court order, and shall be subject to all penalties provided by law for violation of court orders. (d) In addition to actions under state law, the Attorney General may proceed under any antitrust laws in the federal courts on behalf of this state or any of its agencies, or as parens patriae on behalf of natural persons in this state. Acts 2003, No. 1172, § 2.

(a) In addition to the other remedies provided in this subchapter, whenever the Attorney General has reason to believe that any person is engaging, has engaged, or is about to engage in any act or practice declared unlawful by this subchapter, the Attorney General may bring an action in the name of the state against that person: (1) To obtain a declaratory judgment that the act or practice violates the provisions of this subchapter; (2) To enjoin any act or practice that violates the provisions of this subchapter by issuance of a temporary restraining order or preliminary or permanent injunction, without bond, upon the giving of appropriate notice; (3) To recover on behalf of the state and its agencies actual damages or restitution for loss incurred either directly or indirectly; and (4) To recover civil penalties of up to one thousand dollars ($1,000) per violation of this subchapter, or any injunction, judgment, or consent order issued or entered into under the provisions of this subchapter and reasonable expenses, investigative costs, and attorney's fees.

(1) To obtain a declaratory judgment that the act or practice violates the provisions of this subchapter;

(2) To enjoin any act or practice that violates the provisions of this subchapter by issuance of a temporary restraining order or preliminary or permanent injunction, without bond, upon the giving of appropriate notice;

(3) To recover on behalf of the state and its agencies actual damages or restitution for loss incurred either directly or indirectly; and

(4) To recover civil penalties of up to one thousand dollars ($1,000) per violation of this subchapter, or any injunction, judgment, or consent order issued or entered into under the provisions of this subchapter and reasonable expenses, investigative costs, and attorney's fees.

(b) The Attorney General also may bring a civil action in the name of the state, as parens patriae on behalf of natural persons residing in this state, to secure monetary relief as provided under this section for injury, directly or indirectly sustained by those persons because of any violation of this subchapter, in accordance with the following provisions: (1) The court in which the action is commenced shall award the Attorney General as monetary relief the actual damages sustained or restitution for loss incurred as a result of the violations of this subchapter and the cost of suit, including a reasonable attorney's fee. The court shall exclude from the amount of monetary relief awarded in the action any amount which duplicates amounts that have been awarded for the same injury already or which are allocable to persons who have excluded their claims under subdivision (b)(3)(A) of this section; (2) (A) In any action brought under this section, the Attorney General shall, at the time, in the manner, and with the content as the circuit court may direct, cause notice of the parens patriae action to be given by publication. (B) If the court finds that notice given solely by publication would deny due process of law to any person, the court shall direct the Attorney General to give the notice as may be required by due process of law; (3) (A) Any person on whose behalf an action is brought under this section may elect to exclude from the adjudication the portion of the Attorney General's claim for monetary relief attributable to him or her by filing notice of the election with the court, within the time period specified, in the notice of the action given to the persons to be benefited by the action. (B) Any person failing to give the notice shall be barred during the pendency of the action from commencing an action in his or her own name for the injury alleged in the action and the final judgment in the action shall be res judicata as to any claim which could be brought by the person under this subchapter based on the facts alleged or proven in the action. (C) (i) The provisions set forth in this section and in §§ 4-75-316 - 4-75-319 shall apply only to actions instituted by the Attorney General. (ii) Nothing in the provisions set forth in this section and in §§ 4-75-316 - 4-75-319 shall be deemed to expand or create additional rights or remedies available to persons proceeding under any action instituted by one (1) or more persons or an entity other than the Attorney General for violations of the provisions of this subchapter; and (4) All damages shall be distributed in a manner that will afford each person a reasonable opportunity to secure his or her appropriate portion of the net monetary relief, including a distribution under the theory of cy pres, subject to approval by the court.

(1) The court in which the action is commenced shall award the Attorney General as monetary relief the actual damages sustained or restitution for loss incurred as a result of the violations of this subchapter and the cost of suit, including a reasonable attorney's fee. The court shall exclude from the amount of monetary relief awarded in the action any amount which duplicates amounts that have been awarded for the same injury already or which are allocable to persons who have excluded their claims under subdivision (b)(3)(A) of this section;

(2) (A) In any action brought under this section, the Attorney General shall, at the time, in the manner, and with the content as the circuit court may direct, cause notice of the parens patriae action to be given by publication. (B) If the court finds that notice given solely by publication would deny due process of law to any person, the court shall direct the Attorney General to give the notice as may be required by due process of law;

(A) In any action brought under this section, the Attorney General shall, at the time, in the manner, and with the content as the circuit court may direct, cause notice of the parens patriae action to be given by publication.

(B) If the court finds that notice given solely by publication would deny due process of law to any person, the court shall direct the Attorney General to give the notice as may be required by due process of law;

(3) (A) Any person on whose behalf an action is brought under this section may elect to exclude from the adjudication the portion of the Attorney General's claim for monetary relief attributable to him or her by filing notice of the election with the court, within the time period specified, in the notice of the action given to the persons to be benefited by the action. (B) Any person failing to give the notice shall be barred during the pendency of the action from commencing an action in his or her own name for the injury alleged in the action and the final judgment in the action shall be res judicata as to any claim which could be brought by the person under this subchapter based on the facts alleged or proven in the action. (C) (i) The provisions set forth in this section and in §§ 4-75-316 - 4-75-319 shall apply only to actions instituted by the Attorney General. (ii) Nothing in the provisions set forth in this section and in §§ 4-75-316 - 4-75-319 shall be deemed to expand or create additional rights or remedies available to persons proceeding under any action instituted by one (1) or more persons or an entity other than the Attorney General for violations of the provisions of this subchapter; and

(A) Any person on whose behalf an action is brought under this section may elect to exclude from the adjudication the portion of the Attorney General's claim for monetary relief attributable to him or her by filing notice of the election with the court, within the time period specified, in the notice of the action given to the persons to be benefited by the action.

(B) Any person failing to give the notice shall be barred during the pendency of the action from commencing an action in his or her own name for the injury alleged in the action and the final judgment in the action shall be res judicata as to any claim which could be brought by the person under this subchapter based on the facts alleged or proven in the action.

(C) (i) The provisions set forth in this section and in §§ 4-75-316 - 4-75-319 shall apply only to actions instituted by the Attorney General. (ii) Nothing in the provisions set forth in this section and in §§ 4-75-316 - 4-75-319 shall be deemed to expand or create additional rights or remedies available to persons proceeding under any action instituted by one (1) or more persons or an entity other than the Attorney General for violations of the provisions of this subchapter; and

(i) The provisions set forth in this section and in §§ 4-75-316 - 4-75-319 shall apply only to actions instituted by the Attorney General.

(ii) Nothing in the provisions set forth in this section and in §§ 4-75-316 - 4-75-319 shall be deemed to expand or create additional rights or remedies available to persons proceeding under any action instituted by one (1) or more persons or an entity other than the Attorney General for violations of the provisions of this subchapter; and

(4) All damages shall be distributed in a manner that will afford each person a reasonable opportunity to secure his or her appropriate portion of the net monetary relief, including a distribution under the theory of cy pres, subject to approval by the court.

(c) (1) In lieu of instigating or continuing an action or proceeding, or to conclude an investigation commenced or contemplated by this subchapter, the Attorney General may accept a consent decree with respect to any act or practice alleged to be a violation of this subchapter. (2) The consent decree may include a stipulation for the payment of civil penalties, the Attorney General's reasonable expenses, investigative costs and attorney's fees, an agreement to pay damages or to allow for restitution of money, property, or other things received in connection with a violation of this act, and agreed to injunctive provisions. (3) Before any consent decree entered into under this section is effective, it must be approved by the circuit court, the federal district court, or if an action has already been commenced, the court in which the action is pending and an entry made in that court in the manner required for making an entry of judgment. (4) If the consent decree submitted to the court is to settle an action brought under subsection (b) of this section, notice of the proposed settlement shall be given in the manner as the court directs. (5) Once court approval is received, any breach of the conditions of the consent decree shall be treated as a violation of a court order, and shall be subject to all penalties provided by law for violation of court orders.

(1) In lieu of instigating or continuing an action or proceeding, or to conclude an investigation commenced or contemplated by this subchapter, the Attorney General may accept a consent decree with respect to any act or practice alleged to be a violation of this subchapter.

(2) The consent decree may include a stipulation for the payment of civil penalties, the Attorney General's reasonable expenses, investigative costs and attorney's fees, an agreement to pay damages or to allow for restitution of money, property, or other things received in connection with a violation of this act, and agreed to injunctive provisions.

(3) Before any consent decree entered into under this section is effective, it must be approved by the circuit court, the federal district court, or if an action has already been commenced, the court in which the action is pending and an entry made in that court in the manner required for making an entry of judgment.

(4) If the consent decree submitted to the court is to settle an action brought under subsection (b) of this section, notice of the proposed settlement shall be given in the manner as the court directs.

(5) Once court approval is received, any breach of the conditions of the consent decree shall be treated as a violation of a court order, and shall be subject to all penalties provided by law for violation of court orders.

(d) In addition to actions under state law, the Attorney General may proceed under any antitrust laws in the federal courts on behalf of this state or any of its agencies, or as parens patriae on behalf of natural persons in this state.

Acts 2003, No. 1172, § 2.
Ark. Code Ann. § 4-47-501 — AR Code / Title 4 / Chapter 47 / Subchapter 5 / Section 4-47-501
Form of contribution
Status: in_force

A contribution of a partner may consist of tangible or intangible property or other benefit to the limited partnership, including money, services performed, promissory notes, other agreements to contribute cash or property, and contracts for services to be performed. Acts 2007, No. 15, § 1.

A contribution of a partner may consist of tangible or intangible property or other benefit to the limited partnership, including money, services performed, promissory notes, other agreements to contribute cash or property, and contracts for services to be performed.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-93-101 — AR Code / Title 4 / Chapter 93 / Section 4-93-101
Title
Status: in_force

This chapter may be known and cited as the "Credit Reporting Disclosure Act of 1989". Acts 1989, No. 431, § 1; 1989, No. 593, § 1.

This chapter may be known and cited as the "Credit Reporting Disclosure Act of 1989".

Acts 1989, No. 431, § 1; 1989, No. 593, § 1.
Ark. Code Ann. § 4-102-105 — AR Code / Title 4 / Chapter 102 / Section 4-102-105
Prohibited practices
Status: in_force

A sponsor shall not do any of the following: (1) Offer a prize to any person except in accordance with the requirements of this chapter; (2) (A) Deliver a written prize notice, or an envelope containing a written prize notice that contains language or is designed in a manner that would have the tendency or capacity to mislead intended recipients as to the source of the written prize notice. (B) This prohibition includes, but is not limited to, a written prize notice or envelope which indicates that the notice or envelope originates from a government agency, public utility, insurance company, consumer reporting agency, debt collector, or law firm, unless the written prize notice or envelope originates from that source; (3) Represent directly or by implication that the number of persons eligible for the prize is limited or that a person has been selected to receive a particular prize unless the representation is true; (4) Represent that a person is a winner or finalist, has been specially selected, is in first place, or is otherwise among a limited group of persons with an enhanced likelihood of receiving a prize, or that a person is entering a contest, sweepstakes, drawing, or other competitive enterprise from which a single winner or select group of winners will receive a prize, when in fact the enterprise is a promotional scheme designed to make contact with prospective customers and all or a substantial number of those receiving the notice are awarded the same prize; (5) (A) Represent directly or by implication that a person will have an increased chance of receiving a prize by making multiple or duplicate purchases, payments, or donations, or by entering a game, drawing, sweepstakes, or other contest more than one (1) time, unless the representation is true. (B) A sponsor is deemed to have made such representation if the sponsor delivers one (1) or more prize notices to a person after the person has already made a purchase, payment, or donation to the sponsor for the same promotion, or has already entered the same game, drawing, sweepstakes, or other contest, unless the sponsor can demonstrate a bona fide error even though the sponsor has implemented procedures reasonably designed to prevent such duplication; (6) Represent directly or by implication that a person is being notified a second or final time of the opportunity to receive or compete for a prize unless the representation is true; (7) Represent directly or by implication that a prize notice is urgent, or otherwise convey an impression of the urgency by use of description, narrative copy, phrasing on an envelope, or similar method unless there is a limited time period in which the recipient must take some action to claim or be eligible to receive a prize, and the date by which such action is required appears in immediate proximity to each representation of urgency and in the same type size and boldness as each representation of urgency; (8) (A) Knowingly sell, rent, exchange, transfer, or otherwise furnish to or purchase from other persons, financial data regarding Arkansans disclosed in connection with a prize promotion not in compliance with this chapter. (B) For purposes of this chapter, financial data includes credit card numbers, bank account numbers, other payment device numbers, and dollars spent on prize promotions which are not in compliance with this chapter; or (9) Request an individual to disclose the individual's phone number, age, birthdate, credit card ownership, or financial data in connection with a prize promotion which is not in compliance with this chapter. Acts 1995, No. 736, § 7.

A sponsor shall not do any of the following:

(1) Offer a prize to any person except in accordance with the requirements of this chapter;

(2) (A) Deliver a written prize notice, or an envelope containing a written prize notice that contains language or is designed in a manner that would have the tendency or capacity to mislead intended recipients as to the source of the written prize notice. (B) This prohibition includes, but is not limited to, a written prize notice or envelope which indicates that the notice or envelope originates from a government agency, public utility, insurance company, consumer reporting agency, debt collector, or law firm, unless the written prize notice or envelope originates from that source;

(A) Deliver a written prize notice, or an envelope containing a written prize notice that contains language or is designed in a manner that would have the tendency or capacity to mislead intended recipients as to the source of the written prize notice.

(B) This prohibition includes, but is not limited to, a written prize notice or envelope which indicates that the notice or envelope originates from a government agency, public utility, insurance company, consumer reporting agency, debt collector, or law firm, unless the written prize notice or envelope originates from that source;

(3) Represent directly or by implication that the number of persons eligible for the prize is limited or that a person has been selected to receive a particular prize unless the representation is true;

(4) Represent that a person is a winner or finalist, has been specially selected, is in first place, or is otherwise among a limited group of persons with an enhanced likelihood of receiving a prize, or that a person is entering a contest, sweepstakes, drawing, or other competitive enterprise from which a single winner or select group of winners will receive a prize, when in fact the enterprise is a promotional scheme designed to make contact with prospective customers and all or a substantial number of those receiving the notice are awarded the same prize;

(5) (A) Represent directly or by implication that a person will have an increased chance of receiving a prize by making multiple or duplicate purchases, payments, or donations, or by entering a game, drawing, sweepstakes, or other contest more than one (1) time, unless the representation is true. (B) A sponsor is deemed to have made such representation if the sponsor delivers one (1) or more prize notices to a person after the person has already made a purchase, payment, or donation to the sponsor for the same promotion, or has already entered the same game, drawing, sweepstakes, or other contest, unless the sponsor can demonstrate a bona fide error even though the sponsor has implemented procedures reasonably designed to prevent such duplication;

(A) Represent directly or by implication that a person will have an increased chance of receiving a prize by making multiple or duplicate purchases, payments, or donations, or by entering a game, drawing, sweepstakes, or other contest more than one (1) time, unless the representation is true.

(B) A sponsor is deemed to have made such representation if the sponsor delivers one (1) or more prize notices to a person after the person has already made a purchase, payment, or donation to the sponsor for the same promotion, or has already entered the same game, drawing, sweepstakes, or other contest, unless the sponsor can demonstrate a bona fide error even though the sponsor has implemented procedures reasonably designed to prevent such duplication;

(6) Represent directly or by implication that a person is being notified a second or final time of the opportunity to receive or compete for a prize unless the representation is true;

(7) Represent directly or by implication that a prize notice is urgent, or otherwise convey an impression of the urgency by use of description, narrative copy, phrasing on an envelope, or similar method unless there is a limited time period in which the recipient must take some action to claim or be eligible to receive a prize, and the date by which such action is required appears in immediate proximity to each representation of urgency and in the same type size and boldness as each representation of urgency;

(8) (A) Knowingly sell, rent, exchange, transfer, or otherwise furnish to or purchase from other persons, financial data regarding Arkansans disclosed in connection with a prize promotion not in compliance with this chapter. (B) For purposes of this chapter, financial data includes credit card numbers, bank account numbers, other payment device numbers, and dollars spent on prize promotions which are not in compliance with this chapter; or

(A) Knowingly sell, rent, exchange, transfer, or otherwise furnish to or purchase from other persons, financial data regarding Arkansans disclosed in connection with a prize promotion not in compliance with this chapter.

(B) For purposes of this chapter, financial data includes credit card numbers, bank account numbers, other payment device numbers, and dollars spent on prize promotions which are not in compliance with this chapter; or

(9) Request an individual to disclose the individual's phone number, age, birthdate, credit card ownership, or financial data in connection with a prize promotion which is not in compliance with this chapter.

Acts 1995, No. 736, § 7.
Ark. Code Ann. § 4-34-102 — AR Code / Title 4 / Chapter 34 / Section 4-34-102
Habilitative services corporations
Status: in_force

(a) There is authorized the creation of habilitative services corporations. (b) A habilitative services corporation shall be a public body and a body corporate and politic. (c) A habilitative services corporation shall be organized to provide habilitative services and other services for individuals with special educational or training needs. Acts 1999, No. 880, § 2.

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

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

(c) A habilitative services corporation shall be organized to provide habilitative services and other services for individuals with special educational or training needs.

Acts 1999, No. 880, § 2.
Ark. Code Ann. § 4-18-324 — AR Code / Title 4 / Chapter 18 / Subchapter 3 / Section 4-18-324
Criminal penalties
Status: in_force

Any person who intentionally commits any of the acts enumerated in § 4-18-322 is guilty of a Class A misdemeanor. Acts 2001, No. 587, § 24; 2005, No. 914, § 4.

Any person who intentionally commits any of the acts enumerated in § 4-18-322 is guilty of a Class A misdemeanor.

Acts 2001, No. 587, § 24; 2005, No. 914, § 4.
Ark. Code Ann. § 4-38-105 — AR Code / Title 4 / Chapter 38 / Subchapter 1 / Section 4-38-105
Operating agreement - Scope, function, and limitations
Status: in_force

(a) Except as otherwise provided in subsections (e) and (f), the operating agreement governs the following: (1) relations among the members as members and between the members and the limited liability company; (2) relations between the members and any manager or managers, and the rights and duties under this chapter of a person in the capacity of manager; (3) the activities and affairs of the limited liability company and the conduct of such activities and affairs, including without limitation the requisite votes or consents from members and any managers required under this chapter; and (4) the means and conditions for amending the operating agreement, including without limitation the votes or consents required from members and any managers with respect to any matters under this chapter. (b) Except as provided in subsections (e) and (f), the operating agreement may vary the terms and provisions of this chapter. (c) For purposes of this chapter, activities include without limitation all business and financial matters. (d) To the extent the operating agreement does not provide for a matter described in subsection (a), this chapter governs the matter. (e) An operating agreement may not: (1) vary the law applicable under § 4-38-104 ; (2) vary a limited liability company's capacity under § 4-38-109 to sue and be sued in its own name; (3) vary any requirement, procedure, or other provision of this chapter pertaining to: (A) registered agents under the Model Registered Agents Act, § 4-20-101 et seq.; or (B) the Secretary of State, including provisions pertaining to records authorized or required to be delivered to the Secretary of State for filing under this chapter; (4) vary the provisions of § 4-38-204 ; (5) alter or eliminate the duty of loyalty or the duty of care, except as otherwise provided in subsection (f); (6) eliminate the contractual obligation of good faith and fair dealing under § 4-38-409(d) , but the operating agreement may prescribe the standards, if not manifestly unreasonable, by which the performance of the obligation is to be measured; (7) relieve or exonerate a person from liability for conduct involving bad faith, willful or intentional misconduct, or knowing violation of law; (8) unreasonably restrict the duties and rights under § 4-38-410 , but the operating agreement may impose reasonable restrictions on the availability and use of information obtained under that section and may define appropriate remedies, including liquidated damages, for a breach of any reasonable restriction on use; (9) vary the causes of dissolution specified in § 4-38-701(a)(4) ; (10) vary the requirement to wind up the company's activities and affairs as specified in § 4-38-702(a), (b)(1), and (e) ; (11) unreasonably restrict the right of a member to maintain an action under § 4-38-801 et seq.; (12) vary the provisions of § 4-38-805 , but the operating agreement may provide that the company may not have a special litigation committee; (13) vary the right of a member to approve a merger, interest exchange, conversion, or domestication under § 4-38-1023(a)(2) , § 4-38-1033(a)(2) , § 4-38-1043(a)(2) , or § 4-38-1053(a)(2) ; (14) vary the required contents of a plan of merger under § 4-38-1022(a) , plan of interest exchange under § 4-38-1032(a) , plan of conversion under § 4-38-1042(a) , or plan of domestication under § 4-38-1052(a) ; or (15) except as otherwise provided in § 4-38-106 and § 4-38-107(b) , restrict the rights under this chapter of a person other than a member or manager. (f) Subject to subsection (e)(7), without limiting other terms that may be included in an operating agreement, the following rules apply: (1) The operating agreement may: (A) specify the method by which a specific act or transaction that would otherwise violate the duty of loyalty may be authorized or ratified by one or more disinterested and independent persons after full disclosure of all material facts; and (B) alter the prohibition in § 4-38-405(a)(2) so that the prohibition requires only that the company's total assets not be less than the sum of its total liabilities. (2) To the extent the operating agreement of a member-managed limited liability company expressly relieves a member of a responsibility that the member otherwise would have under this chapter and imposes the responsibility on one or more other members, the agreement also may eliminate or limit any fiduciary duty of the member relieved of the responsibility which would have pertained to the responsibility. (3) If not manifestly unreasonable, the operating agreement may: (A) alter or eliminate the aspects of the duty of loyalty stated in § 4-38-409(b) and (i) ; (B) identify specific types or categories of activities that do not violate the duty of loyalty; (C) alter the duty of care, but may not authorize conduct involving bad faith, willful or intentional misconduct, or knowing violation of law; and (D) alter or eliminate any other fiduciary duty. (g) The court shall decide as a matter of law whether a term of an operating agreement is manifestly unreasonable under subsection (e)(6) or (f)(3). The court: (1) shall make its determination as of the time the challenged term became part of the operating agreement and by considering only circumstances existing at that time; and (2) may invalidate the term only if, in light of the purposes, activities, and affairs of the limited liability company, it is readily apparent that: (A) the objective of the term is unreasonable; or (B) the term is an unreasonable means to achieve the term's objective. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

(a) Except as otherwise provided in subsections (e) and (f), the operating agreement governs the following: (1) relations among the members as members and between the members and the limited liability company; (2) relations between the members and any manager or managers, and the rights and duties under this chapter of a person in the capacity of manager; (3) the activities and affairs of the limited liability company and the conduct of such activities and affairs, including without limitation the requisite votes or consents from members and any managers required under this chapter; and (4) the means and conditions for amending the operating agreement, including without limitation the votes or consents required from members and any managers with respect to any matters under this chapter.

(1) relations among the members as members and between the members and the limited liability company;

(2) relations between the members and any manager or managers, and the rights and duties under this chapter of a person in the capacity of manager;

(3) the activities and affairs of the limited liability company and the conduct of such activities and affairs, including without limitation the requisite votes or consents from members and any managers required under this chapter; and

(4) the means and conditions for amending the operating agreement, including without limitation the votes or consents required from members and any managers with respect to any matters under this chapter.

(b) Except as provided in subsections (e) and (f), the operating agreement may vary the terms and provisions of this chapter.

(c) For purposes of this chapter, activities include without limitation all business and financial matters.

(d) To the extent the operating agreement does not provide for a matter described in subsection (a), this chapter governs the matter.

(e) An operating agreement may not: (1) vary the law applicable under § 4-38-104 ; (2) vary a limited liability company's capacity under § 4-38-109 to sue and be sued in its own name; (3) vary any requirement, procedure, or other provision of this chapter pertaining to: (A) registered agents under the Model Registered Agents Act, § 4-20-101 et seq.; or (B) the Secretary of State, including provisions pertaining to records authorized or required to be delivered to the Secretary of State for filing under this chapter; (4) vary the provisions of § 4-38-204 ; (5) alter or eliminate the duty of loyalty or the duty of care, except as otherwise provided in subsection (f); (6) eliminate the contractual obligation of good faith and fair dealing under § 4-38-409(d) , but the operating agreement may prescribe the standards, if not manifestly unreasonable, by which the performance of the obligation is to be measured; (7) relieve or exonerate a person from liability for conduct involving bad faith, willful or intentional misconduct, or knowing violation of law; (8) unreasonably restrict the duties and rights under § 4-38-410 , but the operating agreement may impose reasonable restrictions on the availability and use of information obtained under that section and may define appropriate remedies, including liquidated damages, for a breach of any reasonable restriction on use; (9) vary the causes of dissolution specified in § 4-38-701(a)(4) ; (10) vary the requirement to wind up the company's activities and affairs as specified in § 4-38-702(a), (b)(1), and (e) ; (11) unreasonably restrict the right of a member to maintain an action under § 4-38-801 et seq.; (12) vary the provisions of § 4-38-805 , but the operating agreement may provide that the company may not have a special litigation committee; (13) vary the right of a member to approve a merger, interest exchange, conversion, or domestication under § 4-38-1023(a)(2) , § 4-38-1033(a)(2) , § 4-38-1043(a)(2) , or § 4-38-1053(a)(2) ; (14) vary the required contents of a plan of merger under § 4-38-1022(a) , plan of interest exchange under § 4-38-1032(a) , plan of conversion under § 4-38-1042(a) , or plan of domestication under § 4-38-1052(a) ; or (15) except as otherwise provided in § 4-38-106 and § 4-38-107(b) , restrict the rights under this chapter of a person other than a member or manager.

(1) vary the law applicable under § 4-38-104 ;

(2) vary a limited liability company's capacity under § 4-38-109 to sue and be sued in its own name;

(3) vary any requirement, procedure, or other provision of this chapter pertaining to: (A) registered agents under the Model Registered Agents Act, § 4-20-101 et seq.; or (B) the Secretary of State, including provisions pertaining to records authorized or required to be delivered to the Secretary of State for filing under this chapter;

(A) registered agents under the Model Registered Agents Act, § 4-20-101 et seq.; or

(B) the Secretary of State, including provisions pertaining to records authorized or required to be delivered to the Secretary of State for filing under this chapter;

(4) vary the provisions of § 4-38-204 ;

(5) alter or eliminate the duty of loyalty or the duty of care, except as otherwise provided in subsection (f);

(6) eliminate the contractual obligation of good faith and fair dealing under § 4-38-409(d) , but the operating agreement may prescribe the standards, if not manifestly unreasonable, by which the performance of the obligation is to be measured;

(7) relieve or exonerate a person from liability for conduct involving bad faith, willful or intentional misconduct, or knowing violation of law;

(8) unreasonably restrict the duties and rights under § 4-38-410 , but the operating agreement may impose reasonable restrictions on the availability and use of information obtained under that section and may define appropriate remedies, including liquidated damages, for a breach of any reasonable restriction on use;

(9) vary the causes of dissolution specified in § 4-38-701(a)(4) ;

(10) vary the requirement to wind up the company's activities and affairs as specified in § 4-38-702(a), (b)(1), and (e) ;

(11) unreasonably restrict the right of a member to maintain an action under § 4-38-801 et seq.;

(12) vary the provisions of § 4-38-805 , but the operating agreement may provide that the company may not have a special litigation committee;

(13) vary the right of a member to approve a merger, interest exchange, conversion, or domestication under § 4-38-1023(a)(2) , § 4-38-1033(a)(2) , § 4-38-1043(a)(2) , or § 4-38-1053(a)(2) ;

(14) vary the required contents of a plan of merger under § 4-38-1022(a) , plan of interest exchange under § 4-38-1032(a) , plan of conversion under § 4-38-1042(a) , or plan of domestication under § 4-38-1052(a) ; or

(15) except as otherwise provided in § 4-38-106 and § 4-38-107(b) , restrict the rights under this chapter of a person other than a member or manager.

(f) Subject to subsection (e)(7), without limiting other terms that may be included in an operating agreement, the following rules apply: (1) The operating agreement may: (A) specify the method by which a specific act or transaction that would otherwise violate the duty of loyalty may be authorized or ratified by one or more disinterested and independent persons after full disclosure of all material facts; and (B) alter the prohibition in § 4-38-405(a)(2) so that the prohibition requires only that the company's total assets not be less than the sum of its total liabilities. (2) To the extent the operating agreement of a member-managed limited liability company expressly relieves a member of a responsibility that the member otherwise would have under this chapter and imposes the responsibility on one or more other members, the agreement also may eliminate or limit any fiduciary duty of the member relieved of the responsibility which would have pertained to the responsibility. (3) If not manifestly unreasonable, the operating agreement may: (A) alter or eliminate the aspects of the duty of loyalty stated in § 4-38-409(b) and (i) ; (B) identify specific types or categories of activities that do not violate the duty of loyalty; (C) alter the duty of care, but may not authorize conduct involving bad faith, willful or intentional misconduct, or knowing violation of law; and (D) alter or eliminate any other fiduciary duty.

(1) The operating agreement may: (A) specify the method by which a specific act or transaction that would otherwise violate the duty of loyalty may be authorized or ratified by one or more disinterested and independent persons after full disclosure of all material facts; and (B) alter the prohibition in § 4-38-405(a)(2) so that the prohibition requires only that the company's total assets not be less than the sum of its total liabilities.

(A) specify the method by which a specific act or transaction that would otherwise violate the duty of loyalty may be authorized or ratified by one or more disinterested and independent persons after full disclosure of all material facts; and

(B) alter the prohibition in § 4-38-405(a)(2) so that the prohibition requires only that the company's total assets not be less than the sum of its total liabilities.

(2) To the extent the operating agreement of a member-managed limited liability company expressly relieves a member of a responsibility that the member otherwise would have under this chapter and imposes the responsibility on one or more other members, the agreement also may eliminate or limit any fiduciary duty of the member relieved of the responsibility which would have pertained to the responsibility.

(3) If not manifestly unreasonable, the operating agreement may: (A) alter or eliminate the aspects of the duty of loyalty stated in § 4-38-409(b) and (i) ; (B) identify specific types or categories of activities that do not violate the duty of loyalty; (C) alter the duty of care, but may not authorize conduct involving bad faith, willful or intentional misconduct, or knowing violation of law; and (D) alter or eliminate any other fiduciary duty.

(A) alter or eliminate the aspects of the duty of loyalty stated in § 4-38-409(b) and (i) ;

(B) identify specific types or categories of activities that do not violate the duty of loyalty;

(C) alter the duty of care, but may not authorize conduct involving bad faith, willful or intentional misconduct, or knowing violation of law; and

(D) alter or eliminate any other fiduciary duty.

(g) The court shall decide as a matter of law whether a term of an operating agreement is manifestly unreasonable under subsection (e)(6) or (f)(3). The court: (1) shall make its determination as of the time the challenged term became part of the operating agreement and by considering only circumstances existing at that time; and (2) may invalidate the term only if, in light of the purposes, activities, and affairs of the limited liability company, it is readily apparent that: (A) the objective of the term is unreasonable; or (B) the term is an unreasonable means to achieve the term's objective.

(1) shall make its determination as of the time the challenged term became part of the operating agreement and by considering only circumstances existing at that time; and

(2) may invalidate the term only if, in light of the purposes, activities, and affairs of the limited liability company, it is readily apparent that: (A) the objective of the term is unreasonable; or (B) the term is an unreasonable means to achieve the term's objective.

(A) the objective of the term is unreasonable; or

(B) the term is an unreasonable means to achieve the term's objective.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-73-301 — AR Code / Title 4 / Chapter 73 / Subchapter 3 / Section 4-73-301
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Artist" means the person who conceived or created or conceived and created the master image for, or which served as a model for, the print; (2) (A) "Fine print" includes, but is not limited to, an engraving, etching, woodcut, lithograph, monoprint, or serigraph. (B) A fine print is "signed" if the artist autographs the finished print, irrespective of whether it was signed or unsigned in the plate; (3) "Impression" means the printed image on suitable material, whether paper or any other substance, made off the plate by printing, stamping, casting, or any other process commonly used in the graphic arts; (4) "Plate" means the plate, stone, block, or other material used for the purpose of creating the print from which the impression or impressions were taken; and (5) "Reproduction" means a copy of an original print made by a commercial mechanical process, but not a unique print made from the original plate. Acts 1983, No. 819, § 1; A.S.A. 1947, § 68-1801.

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

(1) "Artist" means the person who conceived or created or conceived and created the master image for, or which served as a model for, the print;

(2) (A) "Fine print" includes, but is not limited to, an engraving, etching, woodcut, lithograph, monoprint, or serigraph. (B) A fine print is "signed" if the artist autographs the finished print, irrespective of whether it was signed or unsigned in the plate;

(A) "Fine print" includes, but is not limited to, an engraving, etching, woodcut, lithograph, monoprint, or serigraph.

(B) A fine print is "signed" if the artist autographs the finished print, irrespective of whether it was signed or unsigned in the plate;

(3) "Impression" means the printed image on suitable material, whether paper or any other substance, made off the plate by printing, stamping, casting, or any other process commonly used in the graphic arts;

(4) "Plate" means the plate, stone, block, or other material used for the purpose of creating the print from which the impression or impressions were taken; and

(5) "Reproduction" means a copy of an original print made by a commercial mechanical process, but not a unique print made from the original plate.

Acts 1983, No. 819, § 1; A.S.A. 1947, § 68-1801.
Ark. Code Ann. § 4-59-101 — AR Code / Title 4 / Chapter 59 / Subchapter 1 / Section 4-59-101
Contracts, agreements, or promises required to be in writing - Definitions
Status: in_force

(a) Unless the agreement, promise, or contract, or some memorandum or note thereof, upon which an action is brought is made in writing and signed by the party to be charged therewith, or signed by some other person properly authorized by the person sought to be charged, no action shall be brought to charge any: (1) Executor or administrator, upon any special promise, to answer for any debt or damage out of his or her own estate; (2) Person, upon any special promise, to answer for the debt, default, or miscarriage of another; (3) Person upon an agreement made in consideration of marriage; (4) Person upon any contract for the sale of lands, tenements, or hereditaments, or any interest in or concerning them; (5) Person upon any lease of lands, tenements, or hereditaments for a longer term than one (1) year; (6) Person upon a contract, promise, or agreement that is not to be performed within one (1) year from the making of the contract, promise, or agreement; or (7) Person upon a contract, promise, or agreement that results in a waiver of a right protected by the Arkansas Constitution or the United States Constitution. (b) No promise to pay a debt or obligation which has been discharged in bankruptcy shall be valid unless the promise is in writing. (c) No action may be maintained to charge any person upon any promise made after full age to pay any debt contracted during infancy, unless the promise or ratification is made by some writing signed by the party to be charged with the promise or ratification. (d) (1) No action may be maintained by or against any person or entity on any agreement to extend credit or to renew or modify existing credit in an amount greater than ten thousand dollars ($10,000) or to make any other accommodation relating to such credit, unless the agreement is in writing and is signed by the party to be charged with the agreement, or the duly authorized agent of such party. (2) For the purpose of this section: (A) "Agreement" means any agreement, contract, promise, undertaking, or commitment, or any modification thereof; and (B) "Credit" means the loaning of money, the right granted to defer payment of a debt, or to incur debt and defer its payment. (3) However, nothing in this section shall in any way limit recovery of moneys or collateral which represents or relates to credit actually extended. Amended by Act 2017, No. 980,§ 3, eff. 8/1/2017. Rev. Stat., ch. 30, § 1; Rev. Stat., ch. 91, § 34; Acts 1901, No. 169, § 1, p. 322; C. & M. Dig., §§ 4862, 4863, 4869; Pope's Dig., §§ 6059, 6060, 6066; A.S.A. 1947, §§ 38-101 -- 38-103; Acts 1989, No. 530, § 1.

(a) Unless the agreement, promise, or contract, or some memorandum or note thereof, upon which an action is brought is made in writing and signed by the party to be charged therewith, or signed by some other person properly authorized by the person sought to be charged, no action shall be brought to charge any: (1) Executor or administrator, upon any special promise, to answer for any debt or damage out of his or her own estate; (2) Person, upon any special promise, to answer for the debt, default, or miscarriage of another; (3) Person upon an agreement made in consideration of marriage; (4) Person upon any contract for the sale of lands, tenements, or hereditaments, or any interest in or concerning them; (5) Person upon any lease of lands, tenements, or hereditaments for a longer term than one (1) year; (6) Person upon a contract, promise, or agreement that is not to be performed within one (1) year from the making of the contract, promise, or agreement; or (7) Person upon a contract, promise, or agreement that results in a waiver of a right protected by the Arkansas Constitution or the United States Constitution.

(1) Executor or administrator, upon any special promise, to answer for any debt or damage out of his or her own estate;

(2) Person, upon any special promise, to answer for the debt, default, or miscarriage of another;

(3) Person upon an agreement made in consideration of marriage;

(4) Person upon any contract for the sale of lands, tenements, or hereditaments, or any interest in or concerning them;

(5) Person upon any lease of lands, tenements, or hereditaments for a longer term than one (1) year;

(6) Person upon a contract, promise, or agreement that is not to be performed within one (1) year from the making of the contract, promise, or agreement; or

(7) Person upon a contract, promise, or agreement that results in a waiver of a right protected by the Arkansas Constitution or the United States Constitution.

(b) No promise to pay a debt or obligation which has been discharged in bankruptcy shall be valid unless the promise is in writing.

(c) No action may be maintained to charge any person upon any promise made after full age to pay any debt contracted during infancy, unless the promise or ratification is made by some writing signed by the party to be charged with the promise or ratification.

(d) (1) No action may be maintained by or against any person or entity on any agreement to extend credit or to renew or modify existing credit in an amount greater than ten thousand dollars ($10,000) or to make any other accommodation relating to such credit, unless the agreement is in writing and is signed by the party to be charged with the agreement, or the duly authorized agent of such party. (2) For the purpose of this section: (A) "Agreement" means any agreement, contract, promise, undertaking, or commitment, or any modification thereof; and (B) "Credit" means the loaning of money, the right granted to defer payment of a debt, or to incur debt and defer its payment. (3) However, nothing in this section shall in any way limit recovery of moneys or collateral which represents or relates to credit actually extended.

(1) No action may be maintained by or against any person or entity on any agreement to extend credit or to renew or modify existing credit in an amount greater than ten thousand dollars ($10,000) or to make any other accommodation relating to such credit, unless the agreement is in writing and is signed by the party to be charged with the agreement, or the duly authorized agent of such party.

(2) For the purpose of this section: (A) "Agreement" means any agreement, contract, promise, undertaking, or commitment, or any modification thereof; and (B) "Credit" means the loaning of money, the right granted to defer payment of a debt, or to incur debt and defer its payment.

(A) "Agreement" means any agreement, contract, promise, undertaking, or commitment, or any modification thereof; and

(B) "Credit" means the loaning of money, the right granted to defer payment of a debt, or to incur debt and defer its payment.

(3) However, nothing in this section shall in any way limit recovery of moneys or collateral which represents or relates to credit actually extended.

Amended by Act 2017, No. 980,§ 3, eff. 8/1/2017.

Rev. Stat., ch. 30, § 1; Rev. Stat., ch. 91, § 34; Acts 1901, No. 169, § 1, p. 322; C. & M. Dig., §§ 4862, 4863, 4869; Pope's Dig., §§ 6059, 6060, 6066; A.S.A. 1947, §§ 38-101 -- 38-103; Acts 1989, No. 530, § 1.
Ark. Code Ann. § 4-47-901 — AR Code / Title 4 / Chapter 47 / Subchapter 9 / Section 4-47-901
Governing law
Status: in_force

(a) The laws of the State or other jurisdiction under which a foreign limited partnership is organized govern relations among the partners of the foreign limited partnership and between the partners and the foreign limited partnership and the liability of partners as partners for an obligation of the foreign limited partnership. (b) A foreign limited partnership may not be denied a certificate of authority by reason of any difference between the laws of the jurisdiction under which the foreign limited partnership is organized and the laws of this State. (c) A certificate of authority does not authorize a foreign limited partnership to engage in any business or exercise any power that a limited partnership may not engage in or exercise in this State. Acts 2007, No. 15, § 1.

(a) The laws of the State or other jurisdiction under which a foreign limited partnership is organized govern relations among the partners of the foreign limited partnership and between the partners and the foreign limited partnership and the liability of partners as partners for an obligation of the foreign limited partnership.

(b) A foreign limited partnership may not be denied a certificate of authority by reason of any difference between the laws of the jurisdiction under which the foreign limited partnership is organized and the laws of this State.

(c) A certificate of authority does not authorize a foreign limited partnership to engage in any business or exercise any power that a limited partnership may not engage in or exercise in this State.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-26-1105 — AR Code / Title 4 / Chapter 26 / Subchapter 11 / Section 4-26-1105
Notice to creditors - Filing or barring claims
Status: in_force

(a) (1) At any time after dissolution, the corporation may, at its option, give a notice requiring all creditors and claimants, including any with unliquidated or contingent claims and any with whom the corporation has unfulfilled contracts, to present their claims in writing and in detail at a specified place and in a specified manner within one hundred twenty (120) days after the first publication of the notice. (2) The notice if given shall be published at least once a week for three (3) successive weeks in a newspaper of general circulation in the county in which the principal place of business or, if no principal place of business, the registered office of the corporation was located at the date of dissolution. (3) On or before the date of the first publication of the notice, the corporation shall mail a copy thereof, postage prepaid and addressed to his or her last known address, to each person believed to be a creditor of or claimant against the corporation whose name and address are known to or can with due diligence be ascertained by the corporation. (4) The giving of notice shall not constitute a recognition that any person is a proper creditor or claimant and shall not revive or make valid, or operate as a recognition of the validity of, or a waiver of any defense or counterclaim in respect of, any claim against the corporation, its assets, directors, officers, or shareholders, which has been barred by any statute of limitations or becomes invalid by any cause, or in respect of which the corporation, its directors, officers, or shareholders, has any defense or counterclaim. (b) (1) Any claims which shall have been filed as provided in the notice and which shall be disputed by the corporation may be submitted for determination to the court, if any, supervising the liquidation of the corporation. If no court is supervising the liquidation of the corporation, claims may be submitted to any court of competent jurisdiction. (2) A claim filed by the trustee or paying agent for the holders of bonds or coupons shall have the same effect as if filed by the holder of any such bond or coupon. (3) Any person whose claim is, at the date of the first publication of notice, barred by any statute of limitations is not a creditor or claimant entitled to any notice under this section or § 4-26-1106 . (4) The claim of any such person and all other claims which are not filed in a timely manner as provided in the notice except claims which are the subject of litigation on the date of the first publication of the notice, and all claims which are so filed but are disallowed by the court, shall be forever barred as against the corporation, its assets, directors, officers, and shareholders, except to such extent as the court, if any, supervising the liquidation of the corporation or any other court of competent jurisdiction may allow them against any remaining assets of the corporation in the case of a creditor who shows satisfactory reason for his or her failure to file his or her claim as so provided. (5) If the court supervising the liquidation requires a further notice under § 4-26-1106 , any reference to a notice in this section, to the extent that the court so orders, shall mean such further notice, except that a claim which has been filed in accordance with a notice under this section need not be refiled under such further notice. (c) Notwithstanding this section and § 4-26-1106 , tax claims and other claims of this state and of the United States shall not be required to be filed under those sections, and those claims shall not be barred because not so filed, and distribution of the assets of the corporation, or any part thereof, may be deferred until determination of any of these claims. (d) Laborer's wages shall be preferred claims and entitled to payment before any other creditors out of the assets of the corporation in excess of valid prior liens or encumbrances. Acts 1965, No. 576, § 87; A.S.A. 1947, § 64-905.

(a) (1) At any time after dissolution, the corporation may, at its option, give a notice requiring all creditors and claimants, including any with unliquidated or contingent claims and any with whom the corporation has unfulfilled contracts, to present their claims in writing and in detail at a specified place and in a specified manner within one hundred twenty (120) days after the first publication of the notice. (2) The notice if given shall be published at least once a week for three (3) successive weeks in a newspaper of general circulation in the county in which the principal place of business or, if no principal place of business, the registered office of the corporation was located at the date of dissolution. (3) On or before the date of the first publication of the notice, the corporation shall mail a copy thereof, postage prepaid and addressed to his or her last known address, to each person believed to be a creditor of or claimant against the corporation whose name and address are known to or can with due diligence be ascertained by the corporation. (4) The giving of notice shall not constitute a recognition that any person is a proper creditor or claimant and shall not revive or make valid, or operate as a recognition of the validity of, or a waiver of any defense or counterclaim in respect of, any claim against the corporation, its assets, directors, officers, or shareholders, which has been barred by any statute of limitations or becomes invalid by any cause, or in respect of which the corporation, its directors, officers, or shareholders, has any defense or counterclaim.

(1) At any time after dissolution, the corporation may, at its option, give a notice requiring all creditors and claimants, including any with unliquidated or contingent claims and any with whom the corporation has unfulfilled contracts, to present their claims in writing and in detail at a specified place and in a specified manner within one hundred twenty (120) days after the first publication of the notice.

(2) The notice if given shall be published at least once a week for three (3) successive weeks in a newspaper of general circulation in the county in which the principal place of business or, if no principal place of business, the registered office of the corporation was located at the date of dissolution.

(3) On or before the date of the first publication of the notice, the corporation shall mail a copy thereof, postage prepaid and addressed to his or her last known address, to each person believed to be a creditor of or claimant against the corporation whose name and address are known to or can with due diligence be ascertained by the corporation.

(4) The giving of notice shall not constitute a recognition that any person is a proper creditor or claimant and shall not revive or make valid, or operate as a recognition of the validity of, or a waiver of any defense or counterclaim in respect of, any claim against the corporation, its assets, directors, officers, or shareholders, which has been barred by any statute of limitations or becomes invalid by any cause, or in respect of which the corporation, its directors, officers, or shareholders, has any defense or counterclaim.

(b) (1) Any claims which shall have been filed as provided in the notice and which shall be disputed by the corporation may be submitted for determination to the court, if any, supervising the liquidation of the corporation. If no court is supervising the liquidation of the corporation, claims may be submitted to any court of competent jurisdiction. (2) A claim filed by the trustee or paying agent for the holders of bonds or coupons shall have the same effect as if filed by the holder of any such bond or coupon. (3) Any person whose claim is, at the date of the first publication of notice, barred by any statute of limitations is not a creditor or claimant entitled to any notice under this section or § 4-26-1106 . (4) The claim of any such person and all other claims which are not filed in a timely manner as provided in the notice except claims which are the subject of litigation on the date of the first publication of the notice, and all claims which are so filed but are disallowed by the court, shall be forever barred as against the corporation, its assets, directors, officers, and shareholders, except to such extent as the court, if any, supervising the liquidation of the corporation or any other court of competent jurisdiction may allow them against any remaining assets of the corporation in the case of a creditor who shows satisfactory reason for his or her failure to file his or her claim as so provided. (5) If the court supervising the liquidation requires a further notice under § 4-26-1106 , any reference to a notice in this section, to the extent that the court so orders, shall mean such further notice, except that a claim which has been filed in accordance with a notice under this section need not be refiled under such further notice.

(1) Any claims which shall have been filed as provided in the notice and which shall be disputed by the corporation may be submitted for determination to the court, if any, supervising the liquidation of the corporation. If no court is supervising the liquidation of the corporation, claims may be submitted to any court of competent jurisdiction.

(2) A claim filed by the trustee or paying agent for the holders of bonds or coupons shall have the same effect as if filed by the holder of any such bond or coupon.

(3) Any person whose claim is, at the date of the first publication of notice, barred by any statute of limitations is not a creditor or claimant entitled to any notice under this section or § 4-26-1106 .

(4) The claim of any such person and all other claims which are not filed in a timely manner as provided in the notice except claims which are the subject of litigation on the date of the first publication of the notice, and all claims which are so filed but are disallowed by the court, shall be forever barred as against the corporation, its assets, directors, officers, and shareholders, except to such extent as the court, if any, supervising the liquidation of the corporation or any other court of competent jurisdiction may allow them against any remaining assets of the corporation in the case of a creditor who shows satisfactory reason for his or her failure to file his or her claim as so provided.

(5) If the court supervising the liquidation requires a further notice under § 4-26-1106 , any reference to a notice in this section, to the extent that the court so orders, shall mean such further notice, except that a claim which has been filed in accordance with a notice under this section need not be refiled under such further notice.

(c) Notwithstanding this section and § 4-26-1106 , tax claims and other claims of this state and of the United States shall not be required to be filed under those sections, and those claims shall not be barred because not so filed, and distribution of the assets of the corporation, or any part thereof, may be deferred until determination of any of these claims.

(d) Laborer's wages shall be preferred claims and entitled to payment before any other creditors out of the assets of the corporation in excess of valid prior liens or encumbrances.

Acts 1965, No. 576, § 87; A.S.A. 1947, § 64-905.
Ark. Code Ann. § 4-56-102 — AR Code / Title 4 / Chapter 56 / Section 4-56-102
Unlawful acts relating to secured interests on certain farm products
Status: in_force

(a) It shall be unlawful for any person who buys soybeans, corn, wheat, rice, or milo from a person engaged in farming operations, or for any commission merchant or selling agent who sells soybeans, corn, wheat, rice, or milo for a person engaged in farming operations for a fee or commission, to knowingly fail to include as joint payee on the check or other instrument issued in payment for the farm products the name of any person disclosed by the seller as having a security interest in the farm products. (b) It shall be unlawful for any person engaged in farming operations who sells soybeans, corn, wheat, rice, or milo to knowingly fail to disclose the names of any parties having a security interest in the farm products before accepting payment of the proceeds of the sale. (c) (1) It shall be unlawful for a person who owes payment or other performance of an obligation under a security agreement to sell or otherwise dispose of soybeans, corn, wheat, rice, or milo used as collateral or any part thereof and to knowingly fail to pay to the secured party the amount of the proceeds from such sale or other disposition if the person: (A) Has no right to sell or otherwise dispose of the farm products used as collateral; or (B) Has the right to sell or otherwise dispose of the farm products used as collateral, provided that the secured party receives the proceeds from such sale or other disposition. (2) Failure to pay the proceeds to the secured party within ten (10) days after the sale or other disposition of the collateral shall be prima facie evidence of a knowing failure to pay under this section. (d) A violation of this section shall be a Class C felony. (e) The terms used in this section shall have the same meaning as used in the Uniform Commercial Code, Acts 1961, No. 185, as amended. Acts 1985, No. 1067, §§ 1, 2; 1985, No. 1085, §§ 1, 2; A.S.A. 1947, §§ 41-2304.1, 41-2304.2; Acts 2005, No. 1994, § 415.

(a) It shall be unlawful for any person who buys soybeans, corn, wheat, rice, or milo from a person engaged in farming operations, or for any commission merchant or selling agent who sells soybeans, corn, wheat, rice, or milo for a person engaged in farming operations for a fee or commission, to knowingly fail to include as joint payee on the check or other instrument issued in payment for the farm products the name of any person disclosed by the seller as having a security interest in the farm products.

(b) It shall be unlawful for any person engaged in farming operations who sells soybeans, corn, wheat, rice, or milo to knowingly fail to disclose the names of any parties having a security interest in the farm products before accepting payment of the proceeds of the sale.

(c) (1) It shall be unlawful for a person who owes payment or other performance of an obligation under a security agreement to sell or otherwise dispose of soybeans, corn, wheat, rice, or milo used as collateral or any part thereof and to knowingly fail to pay to the secured party the amount of the proceeds from such sale or other disposition if the person: (A) Has no right to sell or otherwise dispose of the farm products used as collateral; or (B) Has the right to sell or otherwise dispose of the farm products used as collateral, provided that the secured party receives the proceeds from such sale or other disposition. (2) Failure to pay the proceeds to the secured party within ten (10) days after the sale or other disposition of the collateral shall be prima facie evidence of a knowing failure to pay under this section.

(1) It shall be unlawful for a person who owes payment or other performance of an obligation under a security agreement to sell or otherwise dispose of soybeans, corn, wheat, rice, or milo used as collateral or any part thereof and to knowingly fail to pay to the secured party the amount of the proceeds from such sale or other disposition if the person: (A) Has no right to sell or otherwise dispose of the farm products used as collateral; or (B) Has the right to sell or otherwise dispose of the farm products used as collateral, provided that the secured party receives the proceeds from such sale or other disposition.

(A) Has no right to sell or otherwise dispose of the farm products used as collateral; or

(B) Has the right to sell or otherwise dispose of the farm products used as collateral, provided that the secured party receives the proceeds from such sale or other disposition.

(2) Failure to pay the proceeds to the secured party within ten (10) days after the sale or other disposition of the collateral shall be prima facie evidence of a knowing failure to pay under this section.

(d) A violation of this section shall be a Class C felony.

(e) The terms used in this section shall have the same meaning as used in the Uniform Commercial Code, Acts 1961, No. 185, as amended.

Acts 1985, No. 1067, §§ 1, 2; 1985, No. 1085, §§ 1, 2; A.S.A. 1947, §§ 41-2304.1, 41-2304.2; Acts 2005, No. 1994, § 415.
Ark. Code Ann. § 4-102-107 — AR Code / Title 4 / Chapter 102 / Section 4-102-107
Prize award required
Status: in_force

A sponsor who represents to a person that the person has been awarded a prize shall, not later than thirty (30) days after making a representation, provide the person with the prize, or with a voucher, certificate, or other document giving the person the unconditional right to receive the prize, or shall provide the person with either of the following items selected by the person: (1) Any other prize listed in the written prize notice that is available and that is of equal or greater value; or (2) The retail value of the prize as stated in the written notice in the form of cash, a money order, or a certified check. Acts 1995, No. 736, § 3.

A sponsor who represents to a person that the person has been awarded a prize shall, not later than thirty (30) days after making a representation, provide the person with the prize, or with a voucher, certificate, or other document giving the person the unconditional right to receive the prize, or shall provide the person with either of the following items selected by the person:

(1) Any other prize listed in the written prize notice that is available and that is of equal or greater value; or

(2) The retail value of the prize as stated in the written notice in the form of cash, a money order, or a certified check.

Acts 1995, No. 736, § 3.
Ark. Code Ann. § 4-26-1202 — AR Code / Title 4 / Chapter 26 / Subchapter 12 / Section 4-26-1202
[Repealed]
Status: repealed

Repealed by Act 2019, No. 379,§ 1, eff. 7/24/2019. Acts 1965, No. 576, § 96; 1973, No. 379, § 2; A.S.A. 1947, § 64-1001; Acts 1987, No. 1068, § 1.

Repealed by Act 2019, No. 379,§ 1, eff. 7/24/2019.

Acts 1965, No. 576, § 96; 1973, No. 379, § 2; A.S.A. 1947, § 64-1001; Acts 1987, No. 1068, § 1.
Ark. Code Ann. § 4-28-204 — AR Code / Title 4 / Chapter 28 / Subchapter 2 / Section 4-28-204
Effect on preexisting corporations
Status: in_force

(a) The provisions of §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 shall in no way affect any nonprofit corporation chartered under and in accordance with the laws of this state existing prior to March 7, 1963. (b) Any such nonprofit corporation organized prior to March 7, 1963, and which has not filed a copy of the order or action whereby it was granted corporate status under the then existing law may file a certified copy of the order or action from the clerk of the court wherein the authority was granted, together with a filing fee of ten dollars ($10.00), with the Secretary of State, and the filing shall evidence the incorporation and shall entitle the organization to recognition of its legal status, the same as one formed under the provisions of §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 . Acts 1963, No. 176, § 22; 1973, No. 42, § 1; A.S.A. 1947, § 64-1921.

(a) The provisions of §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 shall in no way affect any nonprofit corporation chartered under and in accordance with the laws of this state existing prior to March 7, 1963.

(b) Any such nonprofit corporation organized prior to March 7, 1963, and which has not filed a copy of the order or action whereby it was granted corporate status under the then existing law may file a certified copy of the order or action from the clerk of the court wherein the authority was granted, together with a filing fee of ten dollars ($10.00), with the Secretary of State, and the filing shall evidence the incorporation and shall entitle the organization to recognition of its legal status, the same as one formed under the provisions of §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 .

Acts 1963, No. 176, § 22; 1973, No. 42, § 1; A.S.A. 1947, § 64-1921.
Ark. Code Ann. § 4-115-101 — AR Code / Title 4 / Chapter 115 / Section 4-115-101
Credit card processing service - Required disclosures - Prohibitions
Status: in_force

(a) (1) Any person or entity that offers a credit card processing service in this state shall disclose the following information on any contract or agreement to render a credit card processing service: (A) The effective date of the contract; (B) The term of the contract; (C) The amount of any monthly minimum fee or charge for the credit card processing service; and (D) The amount of any fee or charge for terminating the contract or agreement. (2) The disclosures required in subsection (a) of this section and any other terms and conditions pertaining to the use of the credit card processing service shall be printed in 8-point font at a minimum. (b) A person or entity that offers a credit card processing service in this state shall not charge: (1) A fee of more than fifty dollars ($50.00) for terminating a contract for credit card processing service; or (2) A monthly minimum fee under a credit card processing service contract for more than one (1) month after the credit card processing service contract is terminated. (c) Equipment rentals or lease purchase payments charged by a person or entity that offers a credit card processing service shall not be considered to be fees for the purposes of this chapter. Acts 2007, No. 911, § 1.

(a) (1) Any person or entity that offers a credit card processing service in this state shall disclose the following information on any contract or agreement to render a credit card processing service: (A) The effective date of the contract; (B) The term of the contract; (C) The amount of any monthly minimum fee or charge for the credit card processing service; and (D) The amount of any fee or charge for terminating the contract or agreement. (2) The disclosures required in subsection (a) of this section and any other terms and conditions pertaining to the use of the credit card processing service shall be printed in 8-point font at a minimum.

(1) Any person or entity that offers a credit card processing service in this state shall disclose the following information on any contract or agreement to render a credit card processing service: (A) The effective date of the contract; (B) The term of the contract; (C) The amount of any monthly minimum fee or charge for the credit card processing service; and (D) The amount of any fee or charge for terminating the contract or agreement.

(A) The effective date of the contract;

(B) The term of the contract;

(C) The amount of any monthly minimum fee or charge for the credit card processing service; and

(D) The amount of any fee or charge for terminating the contract or agreement.

(2) The disclosures required in subsection (a) of this section and any other terms and conditions pertaining to the use of the credit card processing service shall be printed in 8-point font at a minimum.

(b) A person or entity that offers a credit card processing service in this state shall not charge: (1) A fee of more than fifty dollars ($50.00) for terminating a contract for credit card processing service; or (2) A monthly minimum fee under a credit card processing service contract for more than one (1) month after the credit card processing service contract is terminated.

(1) A fee of more than fifty dollars ($50.00) for terminating a contract for credit card processing service; or

(2) A monthly minimum fee under a credit card processing service contract for more than one (1) month after the credit card processing service contract is terminated.

(c) Equipment rentals or lease purchase payments charged by a person or entity that offers a credit card processing service shall not be considered to be fees for the purposes of this chapter.

Acts 2007, No. 911, § 1.
Ark. Code Ann. § 4-37-801 — AR Code / Title 4 / Chapter 37 / Subchapter 8 / Section 4-37-801
Uniformity of application and construction
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.

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

Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 4-97-105 — AR Code / Title 4 / Chapter 97 / Section 4-97-105
Consumer guarantees
Status: in_force

(a) (1) A retail pet store shall provide to the consumer at the time of sale of an animal a written notice, printed or typed, setting forth the rights provided in subsection (b) of this section. (2) The notice of rights shall have added to it by the retail pet store: (A) The animal's identifying number; (B) A description of the animal, including its breed, sex, and color; (C) The date of sale; (D) The name, address, and telephone number of the consumer; and (E) The sales price of the animal. (3) (A) The notice may be contained in a written contract, an animal history certificate, or a separate document, provided such notice is in 10-point boldface type. (B) The retail pet store shall certify the information by signing the document in which it is contained. (b) (1) If, within ten (10) days following the sale of an animal subject to this chapter, a licensed veterinarian of the consumer's choosing certifies such animal to be unfit for purchase due to illness, a congenital malformation which adversely affects the health of the animal, or the presence of symptoms of a contagious or infectious disease, the retail pet store, in addition to any other warranty, shall afford the consumer the right to retain the animal and to receive reimbursement from the retail pet store for veterinary services from a licensed veterinarian of the consumer's choosing, for the purpose of curing or attempting to cure the animal. (2) The reasonable value of reimbursable services rendered to cure or attempt to cure the animal shall not exceed the purchase price of the animal. The value of such services is reasonable if comparable to the value of similar services rendered by other licensed veterinarians in proximity to the treating veterinarian. (3) The reimbursement shall not include the costs of initial veterinary examination fees and diagnostic fees not directly related to the veterinarian's certification that the animal is unfit for purchase pursuant to this section. (c) The certification that an animal is unfit for purchase, which shall be provided by an examining veterinarian to a consumer upon the examination of an animal subject to the provisions of this section, shall include, but not be limited to, information which identifies the type of animal, its breed, sex, and color, the owner, the date, and diagnosis of the animal, the treatment recommended if any, and an estimate or the actual cost of such treatment. Such form shall also include the notice prescribed in subsection (a) of this section. (d) (1) The reimbursement required by subsection (b) of this section shall be made by the retail pet store not later than ten (10) business days following receipt of a signed veterinary certification as herein required. (2) Such certification shall be presented to the retail pet store not later than three (3) business days following receipt thereof by the consumer. (e) (1) A veterinary finding of intestinal parasites shall not be grounds for declaring the animal unfit for sale unless the animal is clinically ill due to such condition. (2) An animal may not be found unfit for sale on account of an injury sustained or illness contracted subsequent to the consumer's taking possession thereof. (f) (1) In the event that a retail pet store wishes to contest a demand for reimbursement made by a consumer pursuant to this section, such retail pet store shall have the right to require the consumer to produce the animal for examination by a licensed veterinarian designated by such retail pet store. (2) Upon such examination, if the consumer and the retail pet store are unable to reach an agreement within ten (10) business days following receipt of the animal for such examination, the consumer may initiate an action in a court of competent jurisdiction to recover or obtain such reimbursement. (g) Nothing in this section shall be construed in any way to limit the rights or remedies which are otherwise available to a consumer under any law. Acts 1991, No. 1225, § 5.

(a) (1) A retail pet store shall provide to the consumer at the time of sale of an animal a written notice, printed or typed, setting forth the rights provided in subsection (b) of this section. (2) The notice of rights shall have added to it by the retail pet store: (A) The animal's identifying number; (B) A description of the animal, including its breed, sex, and color; (C) The date of sale; (D) The name, address, and telephone number of the consumer; and (E) The sales price of the animal. (3) (A) The notice may be contained in a written contract, an animal history certificate, or a separate document, provided such notice is in 10-point boldface type. (B) The retail pet store shall certify the information by signing the document in which it is contained.

(1) A retail pet store shall provide to the consumer at the time of sale of an animal a written notice, printed or typed, setting forth the rights provided in subsection (b) of this section.

(2) The notice of rights shall have added to it by the retail pet store: (A) The animal's identifying number; (B) A description of the animal, including its breed, sex, and color; (C) The date of sale; (D) The name, address, and telephone number of the consumer; and (E) The sales price of the animal.

(A) The animal's identifying number;

(B) A description of the animal, including its breed, sex, and color;

(C) The date of sale;

(D) The name, address, and telephone number of the consumer; and

(E) The sales price of the animal.

(3) (A) The notice may be contained in a written contract, an animal history certificate, or a separate document, provided such notice is in 10-point boldface type. (B) The retail pet store shall certify the information by signing the document in which it is contained.

(A) The notice may be contained in a written contract, an animal history certificate, or a separate document, provided such notice is in 10-point boldface type.

(B) The retail pet store shall certify the information by signing the document in which it is contained.

(b) (1) If, within ten (10) days following the sale of an animal subject to this chapter, a licensed veterinarian of the consumer's choosing certifies such animal to be unfit for purchase due to illness, a congenital malformation which adversely affects the health of the animal, or the presence of symptoms of a contagious or infectious disease, the retail pet store, in addition to any other warranty, shall afford the consumer the right to retain the animal and to receive reimbursement from the retail pet store for veterinary services from a licensed veterinarian of the consumer's choosing, for the purpose of curing or attempting to cure the animal. (2) The reasonable value of reimbursable services rendered to cure or attempt to cure the animal shall not exceed the purchase price of the animal. The value of such services is reasonable if comparable to the value of similar services rendered by other licensed veterinarians in proximity to the treating veterinarian. (3) The reimbursement shall not include the costs of initial veterinary examination fees and diagnostic fees not directly related to the veterinarian's certification that the animal is unfit for purchase pursuant to this section.

(1) If, within ten (10) days following the sale of an animal subject to this chapter, a licensed veterinarian of the consumer's choosing certifies such animal to be unfit for purchase due to illness, a congenital malformation which adversely affects the health of the animal, or the presence of symptoms of a contagious or infectious disease, the retail pet store, in addition to any other warranty, shall afford the consumer the right to retain the animal and to receive reimbursement from the retail pet store for veterinary services from a licensed veterinarian of the consumer's choosing, for the purpose of curing or attempting to cure the animal.

(2) The reasonable value of reimbursable services rendered to cure or attempt to cure the animal shall not exceed the purchase price of the animal. The value of such services is reasonable if comparable to the value of similar services rendered by other licensed veterinarians in proximity to the treating veterinarian.

(3) The reimbursement shall not include the costs of initial veterinary examination fees and diagnostic fees not directly related to the veterinarian's certification that the animal is unfit for purchase pursuant to this section.

(c) The certification that an animal is unfit for purchase, which shall be provided by an examining veterinarian to a consumer upon the examination of an animal subject to the provisions of this section, shall include, but not be limited to, information which identifies the type of animal, its breed, sex, and color, the owner, the date, and diagnosis of the animal, the treatment recommended if any, and an estimate or the actual cost of such treatment. Such form shall also include the notice prescribed in subsection (a) of this section.

(d) (1) The reimbursement required by subsection (b) of this section shall be made by the retail pet store not later than ten (10) business days following receipt of a signed veterinary certification as herein required. (2) Such certification shall be presented to the retail pet store not later than three (3) business days following receipt thereof by the consumer.

(1) The reimbursement required by subsection (b) of this section shall be made by the retail pet store not later than ten (10) business days following receipt of a signed veterinary certification as herein required.

(2) Such certification shall be presented to the retail pet store not later than three (3) business days following receipt thereof by the consumer.

(e) (1) A veterinary finding of intestinal parasites shall not be grounds for declaring the animal unfit for sale unless the animal is clinically ill due to such condition. (2) An animal may not be found unfit for sale on account of an injury sustained or illness contracted subsequent to the consumer's taking possession thereof.

(1) A veterinary finding of intestinal parasites shall not be grounds for declaring the animal unfit for sale unless the animal is clinically ill due to such condition.

(2) An animal may not be found unfit for sale on account of an injury sustained or illness contracted subsequent to the consumer's taking possession thereof.

(f) (1) In the event that a retail pet store wishes to contest a demand for reimbursement made by a consumer pursuant to this section, such retail pet store shall have the right to require the consumer to produce the animal for examination by a licensed veterinarian designated by such retail pet store. (2) Upon such examination, if the consumer and the retail pet store are unable to reach an agreement within ten (10) business days following receipt of the animal for such examination, the consumer may initiate an action in a court of competent jurisdiction to recover or obtain such reimbursement.

(1) In the event that a retail pet store wishes to contest a demand for reimbursement made by a consumer pursuant to this section, such retail pet store shall have the right to require the consumer to produce the animal for examination by a licensed veterinarian designated by such retail pet store.

(2) Upon such examination, if the consumer and the retail pet store are unable to reach an agreement within ten (10) business days following receipt of the animal for such examination, the consumer may initiate an action in a court of competent jurisdiction to recover or obtain such reimbursement.

(g) Nothing in this section shall be construed in any way to limit the rights or remedies which are otherwise available to a consumer under any law.

Acts 1991, No. 1225, § 5.