Ark. Code Ann. § 4-18-329 — AR Code / Title 4 / Chapter 18 / Subchapter 3 / Section 4-18-329
Fees for tests or inspections
Status: in_force

(a) The Arkansas Bureau of Standards administered through the Department of Agriculture shall collect charges as provided in this section for the testing and certification of testing apparatus and for testing and inspection made under this subchapter. (b) The bureau shall collect the following fees for testing and inspection and for no other purposes: (1) (A) For International Organization of Legal Metrology Class E1 and E2 and American National Standards Institute and ASTM International Class 1, weighing one kilogram (1 kg) or less, the bureau shall collect a fee for testing of not less than sixty dollars ($60.00) or more than one hundred eighty dollars ($180); and (B) For International Organization of Legal Metrology Class E1 and E2 and American National Standards Institute and ASTM International Class 1, weighing more than one kilogram (1 kg) but not more than thirty kilograms (30 kg), the bureau shall collect a fee for testing of not less than one hundred dollars ($100) or more than three hundred dollars ($300); (2) (A) For International Organization of Legal Metrology Class E2, F1, F2, American National Standards Institute and ASTM International Class 1 and 1.1, 2, 3, and 4(5), and National Institute of Standards and Technology Class S, S-1, and P(Q), weighing two pounds (2 lbs.) or one kilogram (1 kg) or less, the bureau shall collect a fee for testing of not less than twenty dollars ($20.00) or more than sixty dollars ($60.00); (B) For International Organization of Legal Metrology Class E2, F1, F2, American National Standards Institute and ASTM International Class 1 and 1.1, 2, 3, and 4(5), and National Institute of Standards and Technology Class S, S-1, and P(Q), weighing more than two pounds (2 lbs.) or one kilogram (1 kg), but not more than twenty pounds (20 lbs.) or ten kilograms (10 kg), the bureau shall collect a fee for testing of not less than forty dollars ($40.00) or more than one hundred twenty dollars ($120); (C) For International Organization of Legal Metrology Class E2, F1, F2, American National Standards Institute and ASTM International Class 1 and 1.1, 2, 3, and 4(5), and National Institute of Standards and Technology Class S, S-1, and P(Q), weighing more than twenty pounds (20 lbs.) or ten kilograms (10 kg), but not more than fifty pounds (50 lbs.) or thirty kilograms (30 kg), the bureau shall collect a fee for testing of not less than eighty dollars ($80.00) or more than two hundred forty dollars ($240); and (D) For International Organization of Legal Metrology Class E2, F1, F2, American National Standards Institute and ASTM International Class 1 and 1.1, 2, 3, and 4(5), and National Institute of Standards and Technology Class S, S-1, and P(Q), weighing more than fifty pounds (50 lbs.) or thirty kilograms (30 kg), but not more than twenty-five hundred pounds (2,500 lbs.) or one thousand two hundred fifty kilograms (1,250 kg), the bureau shall charge a fee for testing of not less than one hundred dollars ($100) or more than three hundred dollars ($300); (3) (A) For International Organization of Legal Metrology Class M1, M2, and M3, American National Standards Institute and ASTM International Class 6(5), and National Institute of Standards and Technology Class F and (Q), weighing ten pounds (10 lbs.) or five kilograms (5 kg) or less, the bureau shall charge a fee for testing of not less than seven dollars ($7.00) or more than twenty-one dollars ($21.00); (B) For International Organization of Legal Metrology Class M1, M2, and M3, American National Standards Institute and ASTM International Class 6(5), and National Institute of Standards and Technology Class F and (Q), weighing more than ten pounds (10 lbs.) or five kilograms (5 kg), but not more than fifty pounds (50 lbs.) or thirty kilograms (30 kg), the bureau shall charge a fee for testing of not less than twelve dollars ($12.00) or more than thirty-six dollars ($36.00); (C) For International Organization of Legal Metrology Class M1, M2, and M3, American National Standards Institute and ASTM International Class 6(5), and National Institute of Standards and Technology Class F and (Q), weighing more than fifty pounds (50 lbs.) or thirty kilograms (30 kg), but not more than one thousand pounds (1,000 lbs.) or five hundred kilograms (500 kg), the bureau shall charge a fee for testing of not less than eighteen dollars ($18.00) or more than fifty-four dollars ($54.00); and (D) For International Organization of Legal Metrology Class M1, M2, and M3, American National Standards Institute and ASTM International Class 6(5), and National Institute of Standards and Technology Class F and (Q), weighing more than one thousand pounds (1,000 lbs.) or five hundred kilograms (500 kg), but not more than two thousand five hundred pounds (2,500 lbs.) or one thousand two hundred fifty kilograms (1,250 kg), the bureau shall charge a fee for testing of not less than forty dollars ($40.00) or more than one hundred twenty dollars ($120); (4) (A) For volume testing of five gallons (5 gal.) or twenty liters (20 l) or less, the bureau shall charge a fee of forty dollars ($40.00); (B) For volume testing of more than five gallons (5 gal.) or twenty liters (20 l), but not more than fifty gallons (50 gal.) or two hundred liters (200 l), the bureau shall charge a fee of one hundred dollars ($100); (C) For volume testing of more than fifty gallons (50 gal.) or two hundred liters (200 l), but not more than one hundred gallons (100 gal.) or four hundred liters (400 l), the bureau shall charge a fee of two hundred dollars ($200); (D) For volume testing of more than one hundred gallons (100 gal.) or four hundred liters (400 l), but not more than one hundred fifty gallons (150 gal.) or six hundred liters (600 l), the bureau shall charge a fee of two hundred fifty dollars ($250); (E) For volume testing of more than one hundred fifty gallons (150 gal.) or six hundred liters (600 l), but not more than two hundred gallons (200 gal.) or eight hundred liters (800 l), the bureau shall charge a fee of three hundred dollars ($300); and (F) For volume testing of more than two hundred gallons (200 gal.) or eight hundred liters (800 l), but not more than three hundred seventy-five gallons (375 gal.) or one thousand five hundred liters (1,500 l), the bureau shall charge a fee for testing of four hundred fifty dollars ($450); (5) (A) For volume gravimetric testing of not more than one quart (1 qt.) or one liter (1 l), the bureau shall charge a fee for testing of seventy-five dollars ($75.00); (B) For volume gravimetric testing of more than one quart (1 qt.) or one liter (1 l), but not more than five gallons (5 gal.) or twenty liters (20 l), the bureau shall charge a fee for testing of two hundred dollars ($200); and (C) For volume gravimetric testing of more than five gallons (5 gal.) or twenty liters (20 l), but not more than fifty gallons (50 gal.) or two hundred liters (200 l), the bureau shall charge a fee of five hundred dollars ($500); (6) For volume liquefied petroleum gas (LPG) provers of not more than one hundred gallons (100 gal.) or four hundred liters (400 l), the bureau shall charge a fee for testing of five hundred dollars ($500); (7) For length testing of tapes and rigid rules, the bureau shall charge a fee of seven dollars ($7.00) per point tested; (8) (A) For annual inspection and testing of grain moisture meters, the bureau shall charge a fee of fifty dollars ($50.00); (B) For calibration of grain moisture meters, the bureau shall charge a fee of fifty dollars ($50.00); (C) For recertification of grain moisture meters, the bureau shall charge a fee of fifty dollars ($50.00); (D) For placing new or rejected grain moisture meters in service, the bureau shall charge a fee of fifty dollars ($50.00); and (E) For noncompliance reports for rejected grain moisture meters, the bureau shall charge a fee of fifty dollars ($50.00); (9) For special testing or services not listed in the fee schedule, the bureau shall charge a fee of fifty dollars ($50.00) per hour; and (10) For cleaning of standards, special handling, and packing, the bureau shall charge a fee of fifty dollars ($50.00) per hour. (c) Funds collected under this section shall be deposited into the State Treasury as special revenue credited to the Plant Board Fund to be used exclusively for the maintenance of facilities and equipment of the bureau. (d) If any provision of this section or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable. Amended by Act 2019, No. 910,§ 38, eff. 7/1/2019. Acts 2005, No. 890, § 1.

(a) The Arkansas Bureau of Standards administered through the Department of Agriculture shall collect charges as provided in this section for the testing and certification of testing apparatus and for testing and inspection made under this subchapter.

(b) The bureau shall collect the following fees for testing and inspection and for no other purposes: (1) (A) For International Organization of Legal Metrology Class E1 and E2 and American National Standards Institute and ASTM International Class 1, weighing one kilogram (1 kg) or less, the bureau shall collect a fee for testing of not less than sixty dollars ($60.00) or more than one hundred eighty dollars ($180); and (B) For International Organization of Legal Metrology Class E1 and E2 and American National Standards Institute and ASTM International Class 1, weighing more than one kilogram (1 kg) but not more than thirty kilograms (30 kg), the bureau shall collect a fee for testing of not less than one hundred dollars ($100) or more than three hundred dollars ($300); (2) (A) For International Organization of Legal Metrology Class E2, F1, F2, American National Standards Institute and ASTM International Class 1 and 1.1, 2, 3, and 4(5), and National Institute of Standards and Technology Class S, S-1, and P(Q), weighing two pounds (2 lbs.) or one kilogram (1 kg) or less, the bureau shall collect a fee for testing of not less than twenty dollars ($20.00) or more than sixty dollars ($60.00); (B) For International Organization of Legal Metrology Class E2, F1, F2, American National Standards Institute and ASTM International Class 1 and 1.1, 2, 3, and 4(5), and National Institute of Standards and Technology Class S, S-1, and P(Q), weighing more than two pounds (2 lbs.) or one kilogram (1 kg), but not more than twenty pounds (20 lbs.) or ten kilograms (10 kg), the bureau shall collect a fee for testing of not less than forty dollars ($40.00) or more than one hundred twenty dollars ($120); (C) For International Organization of Legal Metrology Class E2, F1, F2, American National Standards Institute and ASTM International Class 1 and 1.1, 2, 3, and 4(5), and National Institute of Standards and Technology Class S, S-1, and P(Q), weighing more than twenty pounds (20 lbs.) or ten kilograms (10 kg), but not more than fifty pounds (50 lbs.) or thirty kilograms (30 kg), the bureau shall collect a fee for testing of not less than eighty dollars ($80.00) or more than two hundred forty dollars ($240); and (D) For International Organization of Legal Metrology Class E2, F1, F2, American National Standards Institute and ASTM International Class 1 and 1.1, 2, 3, and 4(5), and National Institute of Standards and Technology Class S, S-1, and P(Q), weighing more than fifty pounds (50 lbs.) or thirty kilograms (30 kg), but not more than twenty-five hundred pounds (2,500 lbs.) or one thousand two hundred fifty kilograms (1,250 kg), the bureau shall charge a fee for testing of not less than one hundred dollars ($100) or more than three hundred dollars ($300); (3) (A) For International Organization of Legal Metrology Class M1, M2, and M3, American National Standards Institute and ASTM International Class 6(5), and National Institute of Standards and Technology Class F and (Q), weighing ten pounds (10 lbs.) or five kilograms (5 kg) or less, the bureau shall charge a fee for testing of not less than seven dollars ($7.00) or more than twenty-one dollars ($21.00); (B) For International Organization of Legal Metrology Class M1, M2, and M3, American National Standards Institute and ASTM International Class 6(5), and National Institute of Standards and Technology Class F and (Q), weighing more than ten pounds (10 lbs.) or five kilograms (5 kg), but not more than fifty pounds (50 lbs.) or thirty kilograms (30 kg), the bureau shall charge a fee for testing of not less than twelve dollars ($12.00) or more than thirty-six dollars ($36.00); (C) For International Organization of Legal Metrology Class M1, M2, and M3, American National Standards Institute and ASTM International Class 6(5), and National Institute of Standards and Technology Class F and (Q), weighing more than fifty pounds (50 lbs.) or thirty kilograms (30 kg), but not more than one thousand pounds (1,000 lbs.) or five hundred kilograms (500 kg), the bureau shall charge a fee for testing of not less than eighteen dollars ($18.00) or more than fifty-four dollars ($54.00); and (D) For International Organization of Legal Metrology Class M1, M2, and M3, American National Standards Institute and ASTM International Class 6(5), and National Institute of Standards and Technology Class F and (Q), weighing more than one thousand pounds (1,000 lbs.) or five hundred kilograms (500 kg), but not more than two thousand five hundred pounds (2,500 lbs.) or one thousand two hundred fifty kilograms (1,250 kg), the bureau shall charge a fee for testing of not less than forty dollars ($40.00) or more than one hundred twenty dollars ($120); (4) (A) For volume testing of five gallons (5 gal.) or twenty liters (20 l) or less, the bureau shall charge a fee of forty dollars ($40.00); (B) For volume testing of more than five gallons (5 gal.) or twenty liters (20 l), but not more than fifty gallons (50 gal.) or two hundred liters (200 l), the bureau shall charge a fee of one hundred dollars ($100); (C) For volume testing of more than fifty gallons (50 gal.) or two hundred liters (200 l), but not more than one hundred gallons (100 gal.) or four hundred liters (400 l), the bureau shall charge a fee of two hundred dollars ($200); (D) For volume testing of more than one hundred gallons (100 gal.) or four hundred liters (400 l), but not more than one hundred fifty gallons (150 gal.) or six hundred liters (600 l), the bureau shall charge a fee of two hundred fifty dollars ($250); (E) For volume testing of more than one hundred fifty gallons (150 gal.) or six hundred liters (600 l), but not more than two hundred gallons (200 gal.) or eight hundred liters (800 l), the bureau shall charge a fee of three hundred dollars ($300); and (F) For volume testing of more than two hundred gallons (200 gal.) or eight hundred liters (800 l), but not more than three hundred seventy-five gallons (375 gal.) or one thousand five hundred liters (1,500 l), the bureau shall charge a fee for testing of four hundred fifty dollars ($450); (5) (A) For volume gravimetric testing of not more than one quart (1 qt.) or one liter (1 l), the bureau shall charge a fee for testing of seventy-five dollars ($75.00); (B) For volume gravimetric testing of more than one quart (1 qt.) or one liter (1 l), but not more than five gallons (5 gal.) or twenty liters (20 l), the bureau shall charge a fee for testing of two hundred dollars ($200); and (C) For volume gravimetric testing of more than five gallons (5 gal.) or twenty liters (20 l), but not more than fifty gallons (50 gal.) or two hundred liters (200 l), the bureau shall charge a fee of five hundred dollars ($500); (6) For volume liquefied petroleum gas (LPG) provers of not more than one hundred gallons (100 gal.) or four hundred liters (400 l), the bureau shall charge a fee for testing of five hundred dollars ($500); (7) For length testing of tapes and rigid rules, the bureau shall charge a fee of seven dollars ($7.00) per point tested; (8) (A) For annual inspection and testing of grain moisture meters, the bureau shall charge a fee of fifty dollars ($50.00); (B) For calibration of grain moisture meters, the bureau shall charge a fee of fifty dollars ($50.00); (C) For recertification of grain moisture meters, the bureau shall charge a fee of fifty dollars ($50.00); (D) For placing new or rejected grain moisture meters in service, the bureau shall charge a fee of fifty dollars ($50.00); and (E) For noncompliance reports for rejected grain moisture meters, the bureau shall charge a fee of fifty dollars ($50.00); (9) For special testing or services not listed in the fee schedule, the bureau shall charge a fee of fifty dollars ($50.00) per hour; and (10) For cleaning of standards, special handling, and packing, the bureau shall charge a fee of fifty dollars ($50.00) per hour.

(1) (A) For International Organization of Legal Metrology Class E1 and E2 and American National Standards Institute and ASTM International Class 1, weighing one kilogram (1 kg) or less, the bureau shall collect a fee for testing of not less than sixty dollars ($60.00) or more than one hundred eighty dollars ($180); and (B) For International Organization of Legal Metrology Class E1 and E2 and American National Standards Institute and ASTM International Class 1, weighing more than one kilogram (1 kg) but not more than thirty kilograms (30 kg), the bureau shall collect a fee for testing of not less than one hundred dollars ($100) or more than three hundred dollars ($300);

(A) For International Organization of Legal Metrology Class E1 and E2 and American National Standards Institute and ASTM International Class 1, weighing one kilogram (1 kg) or less, the bureau shall collect a fee for testing of not less than sixty dollars ($60.00) or more than one hundred eighty dollars ($180); and

(B) For International Organization of Legal Metrology Class E1 and E2 and American National Standards Institute and ASTM International Class 1, weighing more than one kilogram (1 kg) but not more than thirty kilograms (30 kg), the bureau shall collect a fee for testing of not less than one hundred dollars ($100) or more than three hundred dollars ($300);

(2) (A) For International Organization of Legal Metrology Class E2, F1, F2, American National Standards Institute and ASTM International Class 1 and 1.1, 2, 3, and 4(5), and National Institute of Standards and Technology Class S, S-1, and P(Q), weighing two pounds (2 lbs.) or one kilogram (1 kg) or less, the bureau shall collect a fee for testing of not less than twenty dollars ($20.00) or more than sixty dollars ($60.00); (B) For International Organization of Legal Metrology Class E2, F1, F2, American National Standards Institute and ASTM International Class 1 and 1.1, 2, 3, and 4(5), and National Institute of Standards and Technology Class S, S-1, and P(Q), weighing more than two pounds (2 lbs.) or one kilogram (1 kg), but not more than twenty pounds (20 lbs.) or ten kilograms (10 kg), the bureau shall collect a fee for testing of not less than forty dollars ($40.00) or more than one hundred twenty dollars ($120); (C) For International Organization of Legal Metrology Class E2, F1, F2, American National Standards Institute and ASTM International Class 1 and 1.1, 2, 3, and 4(5), and National Institute of Standards and Technology Class S, S-1, and P(Q), weighing more than twenty pounds (20 lbs.) or ten kilograms (10 kg), but not more than fifty pounds (50 lbs.) or thirty kilograms (30 kg), the bureau shall collect a fee for testing of not less than eighty dollars ($80.00) or more than two hundred forty dollars ($240); and (D) For International Organization of Legal Metrology Class E2, F1, F2, American National Standards Institute and ASTM International Class 1 and 1.1, 2, 3, and 4(5), and National Institute of Standards and Technology Class S, S-1, and P(Q), weighing more than fifty pounds (50 lbs.) or thirty kilograms (30 kg), but not more than twenty-five hundred pounds (2,500 lbs.) or one thousand two hundred fifty kilograms (1,250 kg), the bureau shall charge a fee for testing of not less than one hundred dollars ($100) or more than three hundred dollars ($300);

(A) For International Organization of Legal Metrology Class E2, F1, F2, American National Standards Institute and ASTM International Class 1 and 1.1, 2, 3, and 4(5), and National Institute of Standards and Technology Class S, S-1, and P(Q), weighing two pounds (2 lbs.) or one kilogram (1 kg) or less, the bureau shall collect a fee for testing of not less than twenty dollars ($20.00) or more than sixty dollars ($60.00);

(B) For International Organization of Legal Metrology Class E2, F1, F2, American National Standards Institute and ASTM International Class 1 and 1.1, 2, 3, and 4(5), and National Institute of Standards and Technology Class S, S-1, and P(Q), weighing more than two pounds (2 lbs.) or one kilogram (1 kg), but not more than twenty pounds (20 lbs.) or ten kilograms (10 kg), the bureau shall collect a fee for testing of not less than forty dollars ($40.00) or more than one hundred twenty dollars ($120);

(C) For International Organization of Legal Metrology Class E2, F1, F2, American National Standards Institute and ASTM International Class 1 and 1.1, 2, 3, and 4(5), and National Institute of Standards and Technology Class S, S-1, and P(Q), weighing more than twenty pounds (20 lbs.) or ten kilograms (10 kg), but not more than fifty pounds (50 lbs.) or thirty kilograms (30 kg), the bureau shall collect a fee for testing of not less than eighty dollars ($80.00) or more than two hundred forty dollars ($240); and

(D) For International Organization of Legal Metrology Class E2, F1, F2, American National Standards Institute and ASTM International Class 1 and 1.1, 2, 3, and 4(5), and National Institute of Standards and Technology Class S, S-1, and P(Q), weighing more than fifty pounds (50 lbs.) or thirty kilograms (30 kg), but not more than twenty-five hundred pounds (2,500 lbs.) or one thousand two hundred fifty kilograms (1,250 kg), the bureau shall charge a fee for testing of not less than one hundred dollars ($100) or more than three hundred dollars ($300);

(3) (A) For International Organization of Legal Metrology Class M1, M2, and M3, American National Standards Institute and ASTM International Class 6(5), and National Institute of Standards and Technology Class F and (Q), weighing ten pounds (10 lbs.) or five kilograms (5 kg) or less, the bureau shall charge a fee for testing of not less than seven dollars ($7.00) or more than twenty-one dollars ($21.00); (B) For International Organization of Legal Metrology Class M1, M2, and M3, American National Standards Institute and ASTM International Class 6(5), and National Institute of Standards and Technology Class F and (Q), weighing more than ten pounds (10 lbs.) or five kilograms (5 kg), but not more than fifty pounds (50 lbs.) or thirty kilograms (30 kg), the bureau shall charge a fee for testing of not less than twelve dollars ($12.00) or more than thirty-six dollars ($36.00); (C) For International Organization of Legal Metrology Class M1, M2, and M3, American National Standards Institute and ASTM International Class 6(5), and National Institute of Standards and Technology Class F and (Q), weighing more than fifty pounds (50 lbs.) or thirty kilograms (30 kg), but not more than one thousand pounds (1,000 lbs.) or five hundred kilograms (500 kg), the bureau shall charge a fee for testing of not less than eighteen dollars ($18.00) or more than fifty-four dollars ($54.00); and (D) For International Organization of Legal Metrology Class M1, M2, and M3, American National Standards Institute and ASTM International Class 6(5), and National Institute of Standards and Technology Class F and (Q), weighing more than one thousand pounds (1,000 lbs.) or five hundred kilograms (500 kg), but not more than two thousand five hundred pounds (2,500 lbs.) or one thousand two hundred fifty kilograms (1,250 kg), the bureau shall charge a fee for testing of not less than forty dollars ($40.00) or more than one hundred twenty dollars ($120);

(A) For International Organization of Legal Metrology Class M1, M2, and M3, American National Standards Institute and ASTM International Class 6(5), and National Institute of Standards and Technology Class F and (Q), weighing ten pounds (10 lbs.) or five kilograms (5 kg) or less, the bureau shall charge a fee for testing of not less than seven dollars ($7.00) or more than twenty-one dollars ($21.00);

(B) For International Organization of Legal Metrology Class M1, M2, and M3, American National Standards Institute and ASTM International Class 6(5), and National Institute of Standards and Technology Class F and (Q), weighing more than ten pounds (10 lbs.) or five kilograms (5 kg), but not more than fifty pounds (50 lbs.) or thirty kilograms (30 kg), the bureau shall charge a fee for testing of not less than twelve dollars ($12.00) or more than thirty-six dollars ($36.00);

(C) For International Organization of Legal Metrology Class M1, M2, and M3, American National Standards Institute and ASTM International Class 6(5), and National Institute of Standards and Technology Class F and (Q), weighing more than fifty pounds (50 lbs.) or thirty kilograms (30 kg), but not more than one thousand pounds (1,000 lbs.) or five hundred kilograms (500 kg), the bureau shall charge a fee for testing of not less than eighteen dollars ($18.00) or more than fifty-four dollars ($54.00); and

(D) For International Organization of Legal Metrology Class M1, M2, and M3, American National Standards Institute and ASTM International Class 6(5), and National Institute of Standards and Technology Class F and (Q), weighing more than one thousand pounds (1,000 lbs.) or five hundred kilograms (500 kg), but not more than two thousand five hundred pounds (2,500 lbs.) or one thousand two hundred fifty kilograms (1,250 kg), the bureau shall charge a fee for testing of not less than forty dollars ($40.00) or more than one hundred twenty dollars ($120);

(4) (A) For volume testing of five gallons (5 gal.) or twenty liters (20 l) or less, the bureau shall charge a fee of forty dollars ($40.00); (B) For volume testing of more than five gallons (5 gal.) or twenty liters (20 l), but not more than fifty gallons (50 gal.) or two hundred liters (200 l), the bureau shall charge a fee of one hundred dollars ($100); (C) For volume testing of more than fifty gallons (50 gal.) or two hundred liters (200 l), but not more than one hundred gallons (100 gal.) or four hundred liters (400 l), the bureau shall charge a fee of two hundred dollars ($200); (D) For volume testing of more than one hundred gallons (100 gal.) or four hundred liters (400 l), but not more than one hundred fifty gallons (150 gal.) or six hundred liters (600 l), the bureau shall charge a fee of two hundred fifty dollars ($250); (E) For volume testing of more than one hundred fifty gallons (150 gal.) or six hundred liters (600 l), but not more than two hundred gallons (200 gal.) or eight hundred liters (800 l), the bureau shall charge a fee of three hundred dollars ($300); and (F) For volume testing of more than two hundred gallons (200 gal.) or eight hundred liters (800 l), but not more than three hundred seventy-five gallons (375 gal.) or one thousand five hundred liters (1,500 l), the bureau shall charge a fee for testing of four hundred fifty dollars ($450);

(A) For volume testing of five gallons (5 gal.) or twenty liters (20 l) or less, the bureau shall charge a fee of forty dollars ($40.00);

(B) For volume testing of more than five gallons (5 gal.) or twenty liters (20 l), but not more than fifty gallons (50 gal.) or two hundred liters (200 l), the bureau shall charge a fee of one hundred dollars ($100);

(C) For volume testing of more than fifty gallons (50 gal.) or two hundred liters (200 l), but not more than one hundred gallons (100 gal.) or four hundred liters (400 l), the bureau shall charge a fee of two hundred dollars ($200);

(D) For volume testing of more than one hundred gallons (100 gal.) or four hundred liters (400 l), but not more than one hundred fifty gallons (150 gal.) or six hundred liters (600 l), the bureau shall charge a fee of two hundred fifty dollars ($250);

(E) For volume testing of more than one hundred fifty gallons (150 gal.) or six hundred liters (600 l), but not more than two hundred gallons (200 gal.) or eight hundred liters (800 l), the bureau shall charge a fee of three hundred dollars ($300); and

(F) For volume testing of more than two hundred gallons (200 gal.) or eight hundred liters (800 l), but not more than three hundred seventy-five gallons (375 gal.) or one thousand five hundred liters (1,500 l), the bureau shall charge a fee for testing of four hundred fifty dollars ($450);

(5) (A) For volume gravimetric testing of not more than one quart (1 qt.) or one liter (1 l), the bureau shall charge a fee for testing of seventy-five dollars ($75.00); (B) For volume gravimetric testing of more than one quart (1 qt.) or one liter (1 l), but not more than five gallons (5 gal.) or twenty liters (20 l), the bureau shall charge a fee for testing of two hundred dollars ($200); and (C) For volume gravimetric testing of more than five gallons (5 gal.) or twenty liters (20 l), but not more than fifty gallons (50 gal.) or two hundred liters (200 l), the bureau shall charge a fee of five hundred dollars ($500);

(A) For volume gravimetric testing of not more than one quart (1 qt.) or one liter (1 l), the bureau shall charge a fee for testing of seventy-five dollars ($75.00);

(B) For volume gravimetric testing of more than one quart (1 qt.) or one liter (1 l), but not more than five gallons (5 gal.) or twenty liters (20 l), the bureau shall charge a fee for testing of two hundred dollars ($200); and

(C) For volume gravimetric testing of more than five gallons (5 gal.) or twenty liters (20 l), but not more than fifty gallons (50 gal.) or two hundred liters (200 l), the bureau shall charge a fee of five hundred dollars ($500);

(6) For volume liquefied petroleum gas (LPG) provers of not more than one hundred gallons (100 gal.) or four hundred liters (400 l), the bureau shall charge a fee for testing of five hundred dollars ($500);

(7) For length testing of tapes and rigid rules, the bureau shall charge a fee of seven dollars ($7.00) per point tested;

(8) (A) For annual inspection and testing of grain moisture meters, the bureau shall charge a fee of fifty dollars ($50.00); (B) For calibration of grain moisture meters, the bureau shall charge a fee of fifty dollars ($50.00); (C) For recertification of grain moisture meters, the bureau shall charge a fee of fifty dollars ($50.00); (D) For placing new or rejected grain moisture meters in service, the bureau shall charge a fee of fifty dollars ($50.00); and (E) For noncompliance reports for rejected grain moisture meters, the bureau shall charge a fee of fifty dollars ($50.00);

(A) For annual inspection and testing of grain moisture meters, the bureau shall charge a fee of fifty dollars ($50.00);

(B) For calibration of grain moisture meters, the bureau shall charge a fee of fifty dollars ($50.00);

(C) For recertification of grain moisture meters, the bureau shall charge a fee of fifty dollars ($50.00);

(D) For placing new or rejected grain moisture meters in service, the bureau shall charge a fee of fifty dollars ($50.00); and

(E) For noncompliance reports for rejected grain moisture meters, the bureau shall charge a fee of fifty dollars ($50.00);

(9) For special testing or services not listed in the fee schedule, the bureau shall charge a fee of fifty dollars ($50.00) per hour; and

(10) For cleaning of standards, special handling, and packing, the bureau shall charge a fee of fifty dollars ($50.00) per hour.

(c) Funds collected under this section shall be deposited into the State Treasury as special revenue credited to the Plant Board Fund to be used exclusively for the maintenance of facilities and equipment of the bureau.

(d) If any provision of this section or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.

Amended by Act 2019, No. 910,§ 38, eff. 7/1/2019.

Acts 2005, No. 890, § 1.
Ark. Code Ann. § 4-31-401 — AR Code / Title 4 / Chapter 31 / Subchapter 4 / Section 4-31-401
Definition
Status: in_force

For purposes of this subchapter, "business trust" means a foreign unincorporated association or trust created by an instrument under which property is held and managed by trustees for the benefit and profit of such persons as are or may become the holders of a transferable certificate evidencing beneficial interest in the trust. Acts 1999, No. 1366, § 1.

For purposes of this subchapter, "business trust" means a foreign unincorporated association or trust created by an instrument under which property is held and managed by trustees for the benefit and profit of such persons as are or may become the holders of a transferable certificate evidencing beneficial interest in the trust.

Acts 1999, No. 1366, § 1.
Ark. Code Ann. § 4-36-101 — AR Code / Title 4 / Chapter 36 / Subchapter 1 / Section 4-36-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Arkansas Benefit Corporation Act". Added by Act 2013, No. 1388,§ 1, eff. 8/16/2013.

This chapter shall be known and may be cited as the "Arkansas Benefit Corporation Act".

Added by Act 2013, No. 1388,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 4-27-403 — AR Code / Title 4 / Chapter 27 / Subchapter 4 / Section 4-27-403
Registered name
Status: in_force

(a) A foreign corporation may register its corporate name, or its corporate name with any addition required by § 4-27-1506 , if the name is distinguishable upon the records of the Secretary of State from the corporate names that are not available under § 4-27-401(b)(3) . (b) A foreign corporation registers its corporate name, or its corporate name with any addition required by § 4-27-1506 , by delivering it to the Secretary of State for filing an application: (1) Setting forth its corporate name, or its corporate name with any addition required by § 4-27-1506 , the state or country and date of its incorporation, and a brief description of the nature of the business in which it is engaged; and (2) Accompanied by a certificate of existence (or a document of similar import) from the state or country of incorporation. (c) The name is registered for the applicant's exclusive use upon the effective date of the application. (d) A foreign corporation whose registration is effective may renew it for successive years by delivering to the Secretary of State for filing a renewal application, which complies with the requirements of subsection (b) of this section, between October 1 and December 31 of the preceding year. The renewal application when filed renews the registration for the following calendar year. (e) A foreign corporation whose registration is effective may thereafter qualify as a foreign corporation under the registered name or consent in writing to the use of that name by a corporation thereafter incorporated under this chapter or by another foreign corporation thereafter authorized to transact business in this state. The registration terminates when the domestic corporation is incorporated or the foreign corporation qualifies or consents to the qualification of another foreign corporation under the registered name. Acts 1987, No. 958, § 64-403.

(a) A foreign corporation may register its corporate name, or its corporate name with any addition required by § 4-27-1506 , if the name is distinguishable upon the records of the Secretary of State from the corporate names that are not available under § 4-27-401(b)(3) .

(b) A foreign corporation registers its corporate name, or its corporate name with any addition required by § 4-27-1506 , by delivering it to the Secretary of State for filing an application: (1) Setting forth its corporate name, or its corporate name with any addition required by § 4-27-1506 , the state or country and date of its incorporation, and a brief description of the nature of the business in which it is engaged; and (2) Accompanied by a certificate of existence (or a document of similar import) from the state or country of incorporation.

(1) Setting forth its corporate name, or its corporate name with any addition required by § 4-27-1506 , the state or country and date of its incorporation, and a brief description of the nature of the business in which it is engaged; and

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

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

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

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

Acts 1987, No. 958, § 64-403.
Ark. Code Ann. § 4-37-205 — AR Code / Title 4 / Chapter 37 / Subchapter 2 / Section 4-37-205
Certificate of good standing for protected series
Status: in_force

(a) On request of any person, the Secretary of State shall issue a certificate of good standing for a protected series of a series limited liability company or a certificate of registration for a foreign protected series if: (1) in the case of a protected series: (A) no statement of dissolution, termination, or relocation pertaining to the protected series has been filed; and (B) the company has delivered to the Secretary of State for filing the most recent annual report required by § 26-54-105 and the report includes the name of the protected series, unless: (i) when the company delivered the report for filing, the protected series designation pertaining to the protected series had not yet taken effect; or (ii) after the company delivered the report for filing, the company delivered to the Secretary of State for filing a statement of designation change changing the name of the protected series; or (2) in the case of a foreign protected series, it is registered to do business in this state. (b) A certificate issued under subsection (a) must state: (1) in the case of a protected series: (A) the name of the protected series of the series limited liability company and the name of the company; (B) that the requirements of subsection (a) are met; (C) the date the protected series designation pertaining to the protected series took effect; and (D) if a statement of designation change pertaining to the protected series has been filed, the effective date and contents of the statement; (2) in the case of a foreign protected series, that it is registered to do business in this state; (3) that the fees, taxes, interest, and penalties owed to this state by the protected series or foreign protected series and collected through the Secretary of State have been paid, if: (A) payment is reflected in the records of the Secretary of State; and (B) nonpayment affects the existence of the protected series; and (4) other facts reflected in the records of the Secretary of State pertaining to the protected series or foreign protected series which the person requesting the certificate reasonably requests. (c) Subject to any qualification stated by the Secretary of State in a certificate issued under subsection (a), the certificate may be relied on as conclusive evidence of the facts stated in the certificate. Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.

(a) On request of any person, the Secretary of State shall issue a certificate of good standing for a protected series of a series limited liability company or a certificate of registration for a foreign protected series if: (1) in the case of a protected series: (A) no statement of dissolution, termination, or relocation pertaining to the protected series has been filed; and (B) the company has delivered to the Secretary of State for filing the most recent annual report required by § 26-54-105 and the report includes the name of the protected series, unless: (i) when the company delivered the report for filing, the protected series designation pertaining to the protected series had not yet taken effect; or (ii) after the company delivered the report for filing, the company delivered to the Secretary of State for filing a statement of designation change changing the name of the protected series; or (2) in the case of a foreign protected series, it is registered to do business in this state.

(1) in the case of a protected series: (A) no statement of dissolution, termination, or relocation pertaining to the protected series has been filed; and (B) the company has delivered to the Secretary of State for filing the most recent annual report required by § 26-54-105 and the report includes the name of the protected series, unless: (i) when the company delivered the report for filing, the protected series designation pertaining to the protected series had not yet taken effect; or (ii) after the company delivered the report for filing, the company delivered to the Secretary of State for filing a statement of designation change changing the name of the protected series; or

(A) no statement of dissolution, termination, or relocation pertaining to the protected series has been filed; and

(B) the company has delivered to the Secretary of State for filing the most recent annual report required by § 26-54-105 and the report includes the name of the protected series, unless: (i) when the company delivered the report for filing, the protected series designation pertaining to the protected series had not yet taken effect; or (ii) after the company delivered the report for filing, the company delivered to the Secretary of State for filing a statement of designation change changing the name of the protected series; or

(i) when the company delivered the report for filing, the protected series designation pertaining to the protected series had not yet taken effect; or

(ii) after the company delivered the report for filing, the company delivered to the Secretary of State for filing a statement of designation change changing the name of the protected series; or

(2) in the case of a foreign protected series, it is registered to do business in this state.

(b) A certificate issued under subsection (a) must state: (1) in the case of a protected series: (A) the name of the protected series of the series limited liability company and the name of the company; (B) that the requirements of subsection (a) are met; (C) the date the protected series designation pertaining to the protected series took effect; and (D) if a statement of designation change pertaining to the protected series has been filed, the effective date and contents of the statement; (2) in the case of a foreign protected series, that it is registered to do business in this state; (3) that the fees, taxes, interest, and penalties owed to this state by the protected series or foreign protected series and collected through the Secretary of State have been paid, if: (A) payment is reflected in the records of the Secretary of State; and (B) nonpayment affects the existence of the protected series; and (4) other facts reflected in the records of the Secretary of State pertaining to the protected series or foreign protected series which the person requesting the certificate reasonably requests.

(1) in the case of a protected series: (A) the name of the protected series of the series limited liability company and the name of the company; (B) that the requirements of subsection (a) are met; (C) the date the protected series designation pertaining to the protected series took effect; and (D) if a statement of designation change pertaining to the protected series has been filed, the effective date and contents of the statement;

(A) the name of the protected series of the series limited liability company and the name of the company;

(B) that the requirements of subsection (a) are met;

(C) the date the protected series designation pertaining to the protected series took effect; and

(D) if a statement of designation change pertaining to the protected series has been filed, the effective date and contents of the statement;

(2) in the case of a foreign protected series, that it is registered to do business in this state;

(3) that the fees, taxes, interest, and penalties owed to this state by the protected series or foreign protected series and collected through the Secretary of State have been paid, if: (A) payment is reflected in the records of the Secretary of State; and (B) nonpayment affects the existence of the protected series; and

(A) payment is reflected in the records of the Secretary of State; and

(B) nonpayment affects the existence of the protected series; and

(4) other facts reflected in the records of the Secretary of State pertaining to the protected series or foreign protected series which the person requesting the certificate reasonably requests.

(c) Subject to any qualification stated by the Secretary of State in a certificate issued under subsection (a), the certificate may be relied on as conclusive evidence of the facts stated in the certificate.

Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 4-26-802 — AR Code / Title 4 / Chapter 26 / Subchapter 8 / Section 4-26-802
Number, election, and term of directors
Status: in_force

(a) The number of directors of a corporation shall be not less than three (3) except that in cases where all the shares of a corporation are owned of record by either one (1) or two (2) shareholders, the number of directors may be one (1) or two (2) but not less than the number of shareholders. Subject to this limitation, the number of directors shall be fixed by the bylaws except as to the number constituting the initial board of directors, which number shall be fixed by the articles of incorporation. (b) The number of directors may be increased or decreased from time to time by amendment to the bylaws, but no decrease shall have the effect of shortening the term of any incumbent director. (c) In the absence of a bylaw fixing the number of directors, the number shall be the same as the number stated in the articles of incorporation. (d) The number of directors who will constitute the initial board shall be stated in the articles of incorporation; and the members of the first board shall hold office until the first annual meeting of shareholders and until their successors shall have been elected and qualified. (e) At the first annual meeting of shareholders and at each annual meeting thereafter, the shareholders shall elect directors to hold office until the next succeeding annual meeting. (f) Each director shall hold office for the term for which he or she is elected and until his or her successor shall have been elected and qualified. Acts 1965, No. 576, § 37; A.S.A. 1947, § 64-302.

(a) The number of directors of a corporation shall be not less than three (3) except that in cases where all the shares of a corporation are owned of record by either one (1) or two (2) shareholders, the number of directors may be one (1) or two (2) but not less than the number of shareholders. Subject to this limitation, the number of directors shall be fixed by the bylaws except as to the number constituting the initial board of directors, which number shall be fixed by the articles of incorporation.

(b) The number of directors may be increased or decreased from time to time by amendment to the bylaws, but no decrease shall have the effect of shortening the term of any incumbent director.

(c) In the absence of a bylaw fixing the number of directors, the number shall be the same as the number stated in the articles of incorporation.

(d) The number of directors who will constitute the initial board shall be stated in the articles of incorporation; and the members of the first board shall hold office until the first annual meeting of shareholders and until their successors shall have been elected and qualified.

(e) At the first annual meeting of shareholders and at each annual meeting thereafter, the shareholders shall elect directors to hold office until the next succeeding annual meeting.

(f) Each director shall hold office for the term for which he or she is elected and until his or her successor shall have been elected and qualified.

Acts 1965, No. 576, § 37; A.S.A. 1947, § 64-302.
Ark. Code Ann. § 4-26-708 — AR Code / Title 4 / Chapter 26 / Subchapter 7 / Section 4-26-708
Voting of shares - Consent to corporate action
Status: in_force

(a) Each outstanding share, regardless of class, shall be entitled to one (1) vote on each matter submitted to a vote at a meeting of the shareholders, except to the extent that the voting rights of the shares of any class are limited or denied by the articles of incorporation as permitted by this chapter. (b) Neither treasury shares nor shares of its own stock held by a corporation in a fiduciary capacity nor shares held by another corporation, if a majority of the shares entitled to vote for the election of directors of such other corporation is held by the corporation, shall be voted at any meeting or counted in determining the total number of outstanding shares at any given time. (c) A shareholder may vote either in person or by proxy executed in writing by the shareholder or by his or her duly authorized attorney-in-fact. No proxy shall be valid after eleven (11) months from the date of its execution unless otherwise provided in the proxy. A proxy is not revoked by the death or incapacity of the maker unless, before the vote is counted or the authority is exercised, written notice of the death or incapacity is given to the corporation. (d) At each election for directors every shareholder entitled to vote at the election shall have the right to vote, in person or by proxy, the number of shares owned by him or her for as many persons as there are directors to be elected and for whose election he or she has a right to vote, or to cumulate his or her votes by giving one (1) candidate as many votes as the number of such directors multiplied by the number of his or her shares shall equal, or by distributing the votes on the same principle among any number of such candidates. (e) Shares standing in the name of another corporation, domestic or foreign, may be voted by the president or a vice president of the other corporation or by such other officer, agent, or proxy as the bylaws of the other corporation may prescribe or as the board of directors of the other corporation may determine. (f) (1) Unless the bylaws provide to the contrary, shares held by an administrator, executor, guardian, or curator may be voted by him or her without a transfer of such shares on the books of the corporation into his or her name. (2) No trustee shall be entitled to vote shares held by him or her without a transfer of the shares on the books of the corporation into his or her name as trustee. (g) Shares standing in the name of a receiver may be voted by the receiver, and shares held by or under the control of a receiver may be voted by the receiver without the transfer thereof on the books of the corporation into his or her name as receiver if authority to do so is contained in an appropriate order of the court by which such receiver was appointed. (h) A shareholder whose shares are pledged shall be entitled to vote the shares until the shares have been transferred on the books of the corporation into the name of the pledgee, and thereafter the pledgee shall be entitled to vote the shares so transferred. (i) Except to the extent that the same may be prohibited by the terms of a controlling will or inter vivos trust instrument, and also, in the case of foreign fiduciaries, by the applicable laws of the foreign jurisdiction, trustees, whether they are under testamentary or inter vivos trusts, executors, administrators, guardians, and curators, shall have the following proxy and voting privileges in respect to the fiduciary shares: (1) Each such fiduciary may vote in person or by his or her general or limited proxy; and in the case of joint fiduciaries, each of them may execute a separate proxy, or all or any two (2) or more of them may unite in a joint proxy; (2) Concerning joint fiduciaries: (A) If one (1) only of the joint fiduciaries is present or represented at the meeting, his or her vote cast in person or by his or her proxy binds all; (B) If more than one (1) is present or represented by proxy at the meeting, whether the number present or represented be all or less than the total number of the joint fiduciaries, the vote, in person or by proxy, of a majority of those present or represented binds all of the joint fiduciaries; (C) In the situation mentioned in subdivision (i)(2)(B), if those present or represented are evenly opposed as to the method of voting the fiduciary shares, each fiduciary so present or represented acting in person or by proxy may vote a number of the fiduciary shares determined by dividing the total number by the number of joint fiduciaries present or represented at the meeting. (j) The voting and proxy rights of a custodian under the Arkansas Uniform Gifts to Minors Act, Acts 1967, No. 250 [repealed] shall be controlled by the provisions of that act. (k) In respect to shares held by tenants in common, joint tenants, or tenants by the entirety: (1) If less than the entire number of cotenants be present at the meeting, in person or by proxy, the cotenant thus attending or represented at the meeting, provided they act unanimously if more than one (1), may vote in person or by proxy all shares held in cotenancy. (2) If the votes of all cotenants present at the meeting in person or by proxy, whether they are all of the cotenants or less than all, are not cast unanimously, each cotenant present or his or her proxy shall vote a number of votes determined by dividing the number of shares held in cotenancy by the number of cotenants unless in the case of a tenancy in common, written evidence is produced which shows that the shares are owned in different proportions. (l) The right of every shareholder, whether a sole owner, cotenant, fiduciary, or cofiduciary, to consent to corporate action shall be coextensive with his or her right to vote. (m) On and after the date on which written notice of redemption of redeemable shares has been mailed to the holders and a sum sufficient to redeem such shares has been deposited with a bank or trust company with irrevocable instructions and authority to pay the redemption price to the holders upon surrender of certificates therefor, the shares shall not be entitled to vote on any matter and shall not be deemed to be outstanding shares. Acts 1965, No. 576, § 35; A.S.A. 1947, § 64-219.

(a) Each outstanding share, regardless of class, shall be entitled to one (1) vote on each matter submitted to a vote at a meeting of the shareholders, except to the extent that the voting rights of the shares of any class are limited or denied by the articles of incorporation as permitted by this chapter.

(b) Neither treasury shares nor shares of its own stock held by a corporation in a fiduciary capacity nor shares held by another corporation, if a majority of the shares entitled to vote for the election of directors of such other corporation is held by the corporation, shall be voted at any meeting or counted in determining the total number of outstanding shares at any given time.

(c) A shareholder may vote either in person or by proxy executed in writing by the shareholder or by his or her duly authorized attorney-in-fact. No proxy shall be valid after eleven (11) months from the date of its execution unless otherwise provided in the proxy. A proxy is not revoked by the death or incapacity of the maker unless, before the vote is counted or the authority is exercised, written notice of the death or incapacity is given to the corporation.

(d) At each election for directors every shareholder entitled to vote at the election shall have the right to vote, in person or by proxy, the number of shares owned by him or her for as many persons as there are directors to be elected and for whose election he or she has a right to vote, or to cumulate his or her votes by giving one (1) candidate as many votes as the number of such directors multiplied by the number of his or her shares shall equal, or by distributing the votes on the same principle among any number of such candidates.

(e) Shares standing in the name of another corporation, domestic or foreign, may be voted by the president or a vice president of the other corporation or by such other officer, agent, or proxy as the bylaws of the other corporation may prescribe or as the board of directors of the other corporation may determine.

(f) (1) Unless the bylaws provide to the contrary, shares held by an administrator, executor, guardian, or curator may be voted by him or her without a transfer of such shares on the books of the corporation into his or her name. (2) No trustee shall be entitled to vote shares held by him or her without a transfer of the shares on the books of the corporation into his or her name as trustee.

(1) Unless the bylaws provide to the contrary, shares held by an administrator, executor, guardian, or curator may be voted by him or her without a transfer of such shares on the books of the corporation into his or her name.

(2) No trustee shall be entitled to vote shares held by him or her without a transfer of the shares on the books of the corporation into his or her name as trustee.

(g) Shares standing in the name of a receiver may be voted by the receiver, and shares held by or under the control of a receiver may be voted by the receiver without the transfer thereof on the books of the corporation into his or her name as receiver if authority to do so is contained in an appropriate order of the court by which such receiver was appointed.

(h) A shareholder whose shares are pledged shall be entitled to vote the shares until the shares have been transferred on the books of the corporation into the name of the pledgee, and thereafter the pledgee shall be entitled to vote the shares so transferred.

(i) Except to the extent that the same may be prohibited by the terms of a controlling will or inter vivos trust instrument, and also, in the case of foreign fiduciaries, by the applicable laws of the foreign jurisdiction, trustees, whether they are under testamentary or inter vivos trusts, executors, administrators, guardians, and curators, shall have the following proxy and voting privileges in respect to the fiduciary shares: (1) Each such fiduciary may vote in person or by his or her general or limited proxy; and in the case of joint fiduciaries, each of them may execute a separate proxy, or all or any two (2) or more of them may unite in a joint proxy; (2) Concerning joint fiduciaries: (A) If one (1) only of the joint fiduciaries is present or represented at the meeting, his or her vote cast in person or by his or her proxy binds all; (B) If more than one (1) is present or represented by proxy at the meeting, whether the number present or represented be all or less than the total number of the joint fiduciaries, the vote, in person or by proxy, of a majority of those present or represented binds all of the joint fiduciaries; (C) In the situation mentioned in subdivision (i)(2)(B), if those present or represented are evenly opposed as to the method of voting the fiduciary shares, each fiduciary so present or represented acting in person or by proxy may vote a number of the fiduciary shares determined by dividing the total number by the number of joint fiduciaries present or represented at the meeting.

(1) Each such fiduciary may vote in person or by his or her general or limited proxy; and in the case of joint fiduciaries, each of them may execute a separate proxy, or all or any two (2) or more of them may unite in a joint proxy;

(2) Concerning joint fiduciaries: (A) If one (1) only of the joint fiduciaries is present or represented at the meeting, his or her vote cast in person or by his or her proxy binds all; (B) If more than one (1) is present or represented by proxy at the meeting, whether the number present or represented be all or less than the total number of the joint fiduciaries, the vote, in person or by proxy, of a majority of those present or represented binds all of the joint fiduciaries; (C) In the situation mentioned in subdivision (i)(2)(B), if those present or represented are evenly opposed as to the method of voting the fiduciary shares, each fiduciary so present or represented acting in person or by proxy may vote a number of the fiduciary shares determined by dividing the total number by the number of joint fiduciaries present or represented at the meeting.

(A) If one (1) only of the joint fiduciaries is present or represented at the meeting, his or her vote cast in person or by his or her proxy binds all;

(B) If more than one (1) is present or represented by proxy at the meeting, whether the number present or represented be all or less than the total number of the joint fiduciaries, the vote, in person or by proxy, of a majority of those present or represented binds all of the joint fiduciaries;

(C) In the situation mentioned in subdivision (i)(2)(B), if those present or represented are evenly opposed as to the method of voting the fiduciary shares, each fiduciary so present or represented acting in person or by proxy may vote a number of the fiduciary shares determined by dividing the total number by the number of joint fiduciaries present or represented at the meeting.

(j) The voting and proxy rights of a custodian under the Arkansas Uniform Gifts to Minors Act, Acts 1967, No. 250 [repealed] shall be controlled by the provisions of that act.

(k) In respect to shares held by tenants in common, joint tenants, or tenants by the entirety: (1) If less than the entire number of cotenants be present at the meeting, in person or by proxy, the cotenant thus attending or represented at the meeting, provided they act unanimously if more than one (1), may vote in person or by proxy all shares held in cotenancy. (2) If the votes of all cotenants present at the meeting in person or by proxy, whether they are all of the cotenants or less than all, are not cast unanimously, each cotenant present or his or her proxy shall vote a number of votes determined by dividing the number of shares held in cotenancy by the number of cotenants unless in the case of a tenancy in common, written evidence is produced which shows that the shares are owned in different proportions.

(1) If less than the entire number of cotenants be present at the meeting, in person or by proxy, the cotenant thus attending or represented at the meeting, provided they act unanimously if more than one (1), may vote in person or by proxy all shares held in cotenancy.

(2) If the votes of all cotenants present at the meeting in person or by proxy, whether they are all of the cotenants or less than all, are not cast unanimously, each cotenant present or his or her proxy shall vote a number of votes determined by dividing the number of shares held in cotenancy by the number of cotenants unless in the case of a tenancy in common, written evidence is produced which shows that the shares are owned in different proportions.

(l) The right of every shareholder, whether a sole owner, cotenant, fiduciary, or cofiduciary, to consent to corporate action shall be coextensive with his or her right to vote.

(m) On and after the date on which written notice of redemption of redeemable shares has been mailed to the holders and a sum sufficient to redeem such shares has been deposited with a bank or trust company with irrevocable instructions and authority to pay the redemption price to the holders upon surrender of certificates therefor, the shares shall not be entitled to vote on any matter and shall not be deemed to be outstanding shares.

Acts 1965, No. 576, § 35; A.S.A. 1947, § 64-219.
Ark. Code Ann. § 4-26-602 — AR Code / Title 4 / Chapter 26 / Subchapter 6 / Section 4-26-602
Shares of preferred or special classes - Issuance in series
Status: in_force

(a) If the articles of incorporation so provide, the shares of any preferred or special class may be divided into and issued in series. (b) If the shares of any such class are to be issued in series, then each series shall be so designated as to distinguish the shares thereof from the shares of all other series and classes. (c) Any or all of the series of any such class and the variations in the relative rights and preferences as between different series may be fixed and determined by the articles of incorporation, but all shares of the same class shall be identical except as to the following relative rights and preferences, as to which there may be variations between different series: (1) The rate of dividend, the time of payment of dividends, and the date from which dividends shall be cumulative; (2) The price at and the terms and conditions on which shares may be redeemed; (3) The amount payable upon shares in event of involuntary liquidation; (4) The amount payable upon shares in event of voluntary liquidation; (5) Sinking fund provisions for the redemption or purchase of shares; (6) The terms and conditions on which shares may be converted if the shares of any series are issued with the privilege of conversion. (d) (1) If the articles of incorporation expressly vest such authority in the board of directors, then to the extent that the articles of incorporation have not established series and fixed and determined the variations in the relative rights and preferences as between series, the board of directors shall have authority, in respect to shares to be issued, to divide any or all of such classes into series and, within the limitations set forth in this section and in the articles of incorporation, fix and determine the relative rights and preferences of the shares of any series so established. (2) In order for the board of directors to establish a series where authority to do so is contained in the articles of incorporation, the board of directors shall adopt a resolution setting forth the designation of the series and fixing and determining the relative rights and preferences thereof, or so much thereof as shall not be fixed and determined by the articles of incorporation. (3) Prior to the issue of any shares of a series established through resolution adopted by the board of directors, the corporation shall cause to be executed and filed in accordance with § 4-26-1201 a statement setting forth: (A) The name of the corporation; (B) A copy of the resolution establishing and designating the series, and fixing and determining the relative rights and preferences thereof; (C) The date of adoption of the resolution; (D) That the resolution was duly adopted by the board of directors. (4) The resolution of the board of directors and the statement required to be filed pursuant to this section shall not be considered an amendment to the articles of incorporation of the corporation. Acts 1965, No. 576, § 17; A.S.A. 1947, § 64-202; Acts 1987, No. 323, § 1.

(a) If the articles of incorporation so provide, the shares of any preferred or special class may be divided into and issued in series.

(b) If the shares of any such class are to be issued in series, then each series shall be so designated as to distinguish the shares thereof from the shares of all other series and classes.

(c) Any or all of the series of any such class and the variations in the relative rights and preferences as between different series may be fixed and determined by the articles of incorporation, but all shares of the same class shall be identical except as to the following relative rights and preferences, as to which there may be variations between different series: (1) The rate of dividend, the time of payment of dividends, and the date from which dividends shall be cumulative; (2) The price at and the terms and conditions on which shares may be redeemed; (3) The amount payable upon shares in event of involuntary liquidation; (4) The amount payable upon shares in event of voluntary liquidation; (5) Sinking fund provisions for the redemption or purchase of shares; (6) The terms and conditions on which shares may be converted if the shares of any series are issued with the privilege of conversion.

(1) The rate of dividend, the time of payment of dividends, and the date from which dividends shall be cumulative;

(2) The price at and the terms and conditions on which shares may be redeemed;

(3) The amount payable upon shares in event of involuntary liquidation;

(4) The amount payable upon shares in event of voluntary liquidation;

(5) Sinking fund provisions for the redemption or purchase of shares;

(6) The terms and conditions on which shares may be converted if the shares of any series are issued with the privilege of conversion.

(d) (1) If the articles of incorporation expressly vest such authority in the board of directors, then to the extent that the articles of incorporation have not established series and fixed and determined the variations in the relative rights and preferences as between series, the board of directors shall have authority, in respect to shares to be issued, to divide any or all of such classes into series and, within the limitations set forth in this section and in the articles of incorporation, fix and determine the relative rights and preferences of the shares of any series so established. (2) In order for the board of directors to establish a series where authority to do so is contained in the articles of incorporation, the board of directors shall adopt a resolution setting forth the designation of the series and fixing and determining the relative rights and preferences thereof, or so much thereof as shall not be fixed and determined by the articles of incorporation. (3) Prior to the issue of any shares of a series established through resolution adopted by the board of directors, the corporation shall cause to be executed and filed in accordance with § 4-26-1201 a statement setting forth: (A) The name of the corporation; (B) A copy of the resolution establishing and designating the series, and fixing and determining the relative rights and preferences thereof; (C) The date of adoption of the resolution; (D) That the resolution was duly adopted by the board of directors. (4) The resolution of the board of directors and the statement required to be filed pursuant to this section shall not be considered an amendment to the articles of incorporation of the corporation.

(1) If the articles of incorporation expressly vest such authority in the board of directors, then to the extent that the articles of incorporation have not established series and fixed and determined the variations in the relative rights and preferences as between series, the board of directors shall have authority, in respect to shares to be issued, to divide any or all of such classes into series and, within the limitations set forth in this section and in the articles of incorporation, fix and determine the relative rights and preferences of the shares of any series so established.

(2) In order for the board of directors to establish a series where authority to do so is contained in the articles of incorporation, the board of directors shall adopt a resolution setting forth the designation of the series and fixing and determining the relative rights and preferences thereof, or so much thereof as shall not be fixed and determined by the articles of incorporation.

(3) Prior to the issue of any shares of a series established through resolution adopted by the board of directors, the corporation shall cause to be executed and filed in accordance with § 4-26-1201 a statement setting forth: (A) The name of the corporation; (B) A copy of the resolution establishing and designating the series, and fixing and determining the relative rights and preferences thereof; (C) The date of adoption of the resolution; (D) That the resolution was duly adopted by the board of directors.

(A) The name of the corporation;

(B) A copy of the resolution establishing and designating the series, and fixing and determining the relative rights and preferences thereof;

(C) The date of adoption of the resolution;

(D) That the resolution was duly adopted by the board of directors.

(4) The resolution of the board of directors and the statement required to be filed pursuant to this section shall not be considered an amendment to the articles of incorporation of the corporation.

Acts 1965, No. 576, § 17; A.S.A. 1947, § 64-202; Acts 1987, No. 323, § 1.
Ark. Code Ann. § 4-38-703 — AR Code / Title 4 / Chapter 38 / Subchapter 7 / Section 4-38-703
Rescinding dissolution
Status: in_force

(a) A limited liability company may rescind its dissolution within 120 days after the election to dissolve unless: (1) termination has become effective; (2) a court has entered an order dissolving the limited liability company; or (3) the Secretary of State has dissolved the limited liability company under § 4-38-708 . (b) Rescinding dissolution under this section requires: (1) the affirmative vote or consent of each member; and (2) if the limited liability company has delivered to the Secretary of State for filing a statement of dissolution and: (A) the statement has not become effective, delivery to the Secretary of State for filing of a statement of withdrawal under § 4-38-208 applicable to the statement of dissolution; or (B) if the statement of dissolution has become effective, delivery to the Secretary of State for filing of a statement of rescission stating the name of the company and that dissolution has been rescinded under this section. (c) If a limited liability company rescinds its dissolution: (1) the company resumes carrying on its activities and affairs as if dissolution had never occurred; (2) subject to paragraph (3), any liability incurred by the company after the dissolution and before the rescission has become effective is determined as if dissolution had never occurred; and (3) the rights of a third party arising out of conduct in reliance on the dissolution before the third party knew or had notice of the rescission may not be adversely affected. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

(a) A limited liability company may rescind its dissolution within 120 days after the election to dissolve unless: (1) termination has become effective; (2) a court has entered an order dissolving the limited liability company; or (3) the Secretary of State has dissolved the limited liability company under § 4-38-708 .

(1) termination has become effective;

(2) a court has entered an order dissolving the limited liability company; or

(3) the Secretary of State has dissolved the limited liability company under § 4-38-708 .

(b) Rescinding dissolution under this section requires: (1) the affirmative vote or consent of each member; and (2) if the limited liability company has delivered to the Secretary of State for filing a statement of dissolution and: (A) the statement has not become effective, delivery to the Secretary of State for filing of a statement of withdrawal under § 4-38-208 applicable to the statement of dissolution; or (B) if the statement of dissolution has become effective, delivery to the Secretary of State for filing of a statement of rescission stating the name of the company and that dissolution has been rescinded under this section.

(1) the affirmative vote or consent of each member; and

(2) if the limited liability company has delivered to the Secretary of State for filing a statement of dissolution and: (A) the statement has not become effective, delivery to the Secretary of State for filing of a statement of withdrawal under § 4-38-208 applicable to the statement of dissolution; or (B) if the statement of dissolution has become effective, delivery to the Secretary of State for filing of a statement of rescission stating the name of the company and that dissolution has been rescinded under this section.

(A) the statement has not become effective, delivery to the Secretary of State for filing of a statement of withdrawal under § 4-38-208 applicable to the statement of dissolution; or

(B) if the statement of dissolution has become effective, delivery to the Secretary of State for filing of a statement of rescission stating the name of the company and that dissolution has been rescinded under this section.

(c) If a limited liability company rescinds its dissolution: (1) the company resumes carrying on its activities and affairs as if dissolution had never occurred; (2) subject to paragraph (3), any liability incurred by the company after the dissolution and before the rescission has become effective is determined as if dissolution had never occurred; and (3) the rights of a third party arising out of conduct in reliance on the dissolution before the third party knew or had notice of the rescission may not be adversely affected.

(1) the company resumes carrying on its activities and affairs as if dissolution had never occurred;

(2) subject to paragraph (3), any liability incurred by the company after the dissolution and before the rescission has become effective is determined as if dissolution had never occurred; and

(3) the rights of a third party arising out of conduct in reliance on the dissolution before the third party knew or had notice of the rescission may not be adversely affected.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-20-101 — AR Code / Title 4 / Chapter 20 / Section 4-20-101
Short title
Status: in_force

This chapter may be cited as the Model Registered Agents Act. Acts 2007, No. 638, § 1.

This chapter may be cited as the Model Registered Agents Act.

Acts 2007, No. 638, § 1.
Ark. Code Ann. § 4-46-804 — AR Code / Title 4 / Chapter 46 / Subchapter 8 / Section 4-46-804
Partner's power to bind partnership after dissolution
Status: in_force

Subject to § 4-46-805 , a partnership is bound by a partner's act after dissolution that: (1) is appropriate for winding up the partnership business; or (2) would have bound the partnership under § 4-46-301 before dissolution, if the other party to the transaction did not have notice of the dissolution. Acts 1999, No. 1518, § 804.

Subject to § 4-46-805 , a partnership is bound by a partner's act after dissolution that:

(1) is appropriate for winding up the partnership business; or

(2) would have bound the partnership under § 4-46-301 before dissolution, if the other party to the transaction did not have notice of the dissolution.

Acts 1999, No. 1518, § 804.
Ark. Code Ann. § 4-75-411 — AR Code / Title 4 / Chapter 75 / Subchapter 4 / Section 4-75-411
Unlawful subsidies or discrimination
Status: in_force

(a) It shall be unlawful for any person who is engaged, directly or indirectly, in the manufacture or wholesale distribution of motor vehicles to pay or give or to contract to pay or give any subsidy to any person, other than an automobile dealer or automobile distributor, who is engaged in the business of financing the purchase or sale of motor vehicles or of buying conditional sales contracts, chattel mortgages, or leases on motor vehicles sold at retail within this state or to discriminate in favor of or against any person, other than an automobile dealer or automobile distributor engaged in the business of financing the purchase or sale of motor vehicles or of buying conditional sales contracts, chattel mortgages, or leases on motor vehicles sold at retail within this state, if the effect of any such subsidy or discrimination may be to lessen or eliminate competition or to create or tend to create a monopoly in the person or class of persons who receive the subsidy or who are benefited by the discrimination. (b) It shall be unlawful for any person other than an automobile dealer or automobile distributor who is engaged in the business of financing the purchase or sale of motor vehicles or of buying conditional sales contracts, chattel mortgages, or leases on motor vehicles sold at retail within this state to accept or receive or contract or agree to accept or receive, either directly or indirectly, any subsidy or the benefit resulting from any discrimination as set forth in subsection (a) of this section from any person engaged, directly or indirectly, in the manufacture or wholesale distribution of motor vehicles if the effect of the acceptance or receipt of any such subsidy or benefit may be to lessen or eliminate competition or to create or tend to create a monopoly in the person or class of persons who receives the subsidy or who is benefited by the discrimination. (c) It shall be unlawful for any person other than an automobile dealer or automobile distributor who accepts or receives, either directly or indirectly, any subsidy or the benefit resulting from any discrimination as set forth in subsection (b) of this section or contracts, either directly or indirectly, to receive any such subsidy or benefit to thereafter finance or attempt to finance the purchase or sale of any motor vehicles or buy or attempt to buy any conditional sales contracts, chattel mortgages, or leases on motor vehicles sold at retail in this state. Acts 1937, No. 205, §§ 4-6; Pope's Dig., §§ 9422-9424; A.S.A. 1947, §§ 70-133 -- 70-135.

(a) It shall be unlawful for any person who is engaged, directly or indirectly, in the manufacture or wholesale distribution of motor vehicles to pay or give or to contract to pay or give any subsidy to any person, other than an automobile dealer or automobile distributor, who is engaged in the business of financing the purchase or sale of motor vehicles or of buying conditional sales contracts, chattel mortgages, or leases on motor vehicles sold at retail within this state or to discriminate in favor of or against any person, other than an automobile dealer or automobile distributor engaged in the business of financing the purchase or sale of motor vehicles or of buying conditional sales contracts, chattel mortgages, or leases on motor vehicles sold at retail within this state, if the effect of any such subsidy or discrimination may be to lessen or eliminate competition or to create or tend to create a monopoly in the person or class of persons who receive the subsidy or who are benefited by the discrimination.

(b) It shall be unlawful for any person other than an automobile dealer or automobile distributor who is engaged in the business of financing the purchase or sale of motor vehicles or of buying conditional sales contracts, chattel mortgages, or leases on motor vehicles sold at retail within this state to accept or receive or contract or agree to accept or receive, either directly or indirectly, any subsidy or the benefit resulting from any discrimination as set forth in subsection (a) of this section from any person engaged, directly or indirectly, in the manufacture or wholesale distribution of motor vehicles if the effect of the acceptance or receipt of any such subsidy or benefit may be to lessen or eliminate competition or to create or tend to create a monopoly in the person or class of persons who receives the subsidy or who is benefited by the discrimination.

(c) It shall be unlawful for any person other than an automobile dealer or automobile distributor who accepts or receives, either directly or indirectly, any subsidy or the benefit resulting from any discrimination as set forth in subsection (b) of this section or contracts, either directly or indirectly, to receive any such subsidy or benefit to thereafter finance or attempt to finance the purchase or sale of any motor vehicles or buy or attempt to buy any conditional sales contracts, chattel mortgages, or leases on motor vehicles sold at retail in this state.

Acts 1937, No. 205, §§ 4-6; Pope's Dig., §§ 9422-9424; A.S.A. 1947, §§ 70-133 -- 70-135.
Ark. Code Ann. § 4-27-1902 — AR Code / Title 4 / Chapter 27 / Subchapter 19 / Section 4-27-1902
Purpose
Status: in_force

It is the purpose of this subchapter to provide access for a state business portal to facilitate interaction among businesses and governmental agencies located in this state by allowing businesses to conduct necessary transactions with various governmental agencies through use of a state business portal. Added by Act 2015, No. 1190,§ 2, eff. 7/22/2015.

It is the purpose of this subchapter to provide access for a state business portal to facilitate interaction among businesses and governmental agencies located in this state by allowing businesses to conduct necessary transactions with various governmental agencies through use of a state business portal.

Added by Act 2015, No. 1190,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 4-35-204 — AR Code / Title 4 / Chapter 35 / Subchapter 2 / Section 4-35-204
Board of directors
Status: in_force

(a) (1) A water authority shall have a board of directors composed of at least five (5) members. (2) The specific number of initial directors and their terms of office shall be provided in its articles filed with the Arkansas Natural Resources Commission. (3) Changes to the number and terms of directors may be provided in the articles or bylaws. (b) (1) The initial directors of a water authority shall be approved by the commission, and they shall serve in accordance with those procedures that a water authority may specify in its bylaws. (2) (A) A director shall continue in office until the director's successor is properly elected and accepts office. (B) Successor directors shall be elected either by the board or by the water users as set forth in the bylaws. (C) A director may serve successive terms. (3) It is permissible for the bylaws of a water authority to provide that directors shall be selected from specific geographic areas within the total geographic area serviced by a water authority. (4) In the event a water authority wants to modify or amend the procedures for election of directors, approval shall be expressly granted in writing by the commission. (c) Unless otherwise provided in the articles or bylaws, the following shall apply to meetings of the board: (1) (A) (i) If the time and place of a directors' meeting is fixed by the bylaws or the board, the meeting is a regular meeting. (ii) All other meetings are special meetings. (B) (i) A board may permit any or all directors to participate in a regular or special meeting by, or conduct the meeting through, the use of any means of communication by which all directors participating may simultaneously hear each other during the meeting. (ii) A director participating in a meeting by this means is deemed to be present in person at the meeting; (2) (A) Except as provided in subdivision (c)(2)(C) of this section, regular meetings of the board may be held without notice. (B) Except as provided in subdivision (c)(2)(C) of this section, special meetings of the board shall be preceded by at least two (2) days' written notice to each director of the date, time, and place, but not the purpose, of the meeting. (C) Any board action to remove a director shall not be valid unless each director is given at least seven (7) days' written notice that the matter will be voted upon at a directors' meeting or unless notice is waived. (D) The presiding officer of the board, the president, or twenty percent (20%) of the directors then in office may call and give notice of a meeting of the board; (3) (A) (i) A director may at any time waive any notice required by this chapter, the articles, or bylaws. (ii) (a) Except as provided in subdivision (c)(3)(B) of this section, the waiver shall be in writing, signed by the director entitled to the notice, and filed with the minutes of the water authority's records. (b) A signed waiver delivered by facsimile transmittal shall constitute a valid waiver of notice under this section. (B) A director's attendance at or participation in a meeting waives any required notice of the meeting unless the director, upon arriving at the meeting or prior to the vote on a matter not noticed in conformity with this chapter or the articles or bylaws, objects to lack of notice and does not thereafter vote for or assent to the objected to action; and (4) (A) Except as provided in the bylaws, a majority of the members of a board shall constitute a quorum for the transaction of business, and a vote of a majority of a quorum shall constitute an act of the board. (B) No vacancy in the membership of a board shall impair the right of a quorum to exercise all the powers and duties of a water authority. (C) All powers of a water authority shall be exercised by its board of directors or pursuant to its authorization. (d) (1) (A) Unless prohibited or limited by the articles or bylaws, a board of directors may create one (1) or more committees of the board and appoint members of the board to serve on them. (B) Each committee shall have two (2) or more directors who shall serve at the direction of the board. (2) A committee of the board may not: (A) Authorize the issuance of bonds or any related matters; (B) Approve or recommend dissolution or the sale, pledge, or transfer of all or substantially all of the water authority's assets; (C) Elect, appoint, or remove directors or fill vacancies on the board or on any of its committees; or (D) Adopt, amend, or repeal the articles or bylaws. (e) (1) A director shall discharge his or her duties as a director, including his or her duties as a member of a committee: (A) In good faith; (B) With the care an ordinarily prudent person in a like position would exercise under similar circumstances; and (C) In a manner the director reasonably believes to be in the best interests of the water authority. (2) In discharging his or her duties, a director is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data if prepared or presented by: (A) One (1) or more officers or employees of the water authority whom the director reasonably believes to be reliable and competent in the matters presented; (B) Legal counsel, public accountants, or other persons as to matters the director reasonably believes are within the person's professional or expert competence; or (C) A committee of the board of which the director is not a member, as to matters within its jurisdiction, if the director reasonably believes the committee merits confidence. (f) A member of the board of a water authority shall serve without compensation except that he or she may be reimbursed for actual expenses incurred in the performance of his or her duties. (g) All proceedings of a board shall be reduced to writing by the secretary of the water authority and appropriately recorded and maintained. (h) (1) The board of directors of a public water authority may elect by majority vote to: (A) Participate in the Arkansas Public Employees' Retirement System; and (B) Allow full-time employees of a public water authority to become members of the Arkansas Public Employees' Retirement System. (2) The public water authority shall pay the contributions required by the Board of Trustees of the Arkansas Public Employees' Retirement System in accordance with § 24-4-101 et seq. Amended by Act 2019, No. 449,§ 1, eff. 7/24/2019. Acts 2003, No. 1330, § 3.

(a) (1) A water authority shall have a board of directors composed of at least five (5) members. (2) The specific number of initial directors and their terms of office shall be provided in its articles filed with the Arkansas Natural Resources Commission. (3) Changes to the number and terms of directors may be provided in the articles or bylaws.

(1) A water authority shall have a board of directors composed of at least five (5) members.

(2) The specific number of initial directors and their terms of office shall be provided in its articles filed with the Arkansas Natural Resources Commission.

(3) Changes to the number and terms of directors may be provided in the articles or bylaws.

(b) (1) The initial directors of a water authority shall be approved by the commission, and they shall serve in accordance with those procedures that a water authority may specify in its bylaws. (2) (A) A director shall continue in office until the director's successor is properly elected and accepts office. (B) Successor directors shall be elected either by the board or by the water users as set forth in the bylaws. (C) A director may serve successive terms. (3) It is permissible for the bylaws of a water authority to provide that directors shall be selected from specific geographic areas within the total geographic area serviced by a water authority. (4) In the event a water authority wants to modify or amend the procedures for election of directors, approval shall be expressly granted in writing by the commission.

(1) The initial directors of a water authority shall be approved by the commission, and they shall serve in accordance with those procedures that a water authority may specify in its bylaws.

(2) (A) A director shall continue in office until the director's successor is properly elected and accepts office. (B) Successor directors shall be elected either by the board or by the water users as set forth in the bylaws. (C) A director may serve successive terms.

(A) A director shall continue in office until the director's successor is properly elected and accepts office.

(B) Successor directors shall be elected either by the board or by the water users as set forth in the bylaws.

(C) A director may serve successive terms.

(3) It is permissible for the bylaws of a water authority to provide that directors shall be selected from specific geographic areas within the total geographic area serviced by a water authority.

(4) In the event a water authority wants to modify or amend the procedures for election of directors, approval shall be expressly granted in writing by the commission.

(c) Unless otherwise provided in the articles or bylaws, the following shall apply to meetings of the board: (1) (A) (i) If the time and place of a directors' meeting is fixed by the bylaws or the board, the meeting is a regular meeting. (ii) All other meetings are special meetings. (B) (i) A board may permit any or all directors to participate in a regular or special meeting by, or conduct the meeting through, the use of any means of communication by which all directors participating may simultaneously hear each other during the meeting. (ii) A director participating in a meeting by this means is deemed to be present in person at the meeting; (2) (A) Except as provided in subdivision (c)(2)(C) of this section, regular meetings of the board may be held without notice. (B) Except as provided in subdivision (c)(2)(C) of this section, special meetings of the board shall be preceded by at least two (2) days' written notice to each director of the date, time, and place, but not the purpose, of the meeting. (C) Any board action to remove a director shall not be valid unless each director is given at least seven (7) days' written notice that the matter will be voted upon at a directors' meeting or unless notice is waived. (D) The presiding officer of the board, the president, or twenty percent (20%) of the directors then in office may call and give notice of a meeting of the board; (3) (A) (i) A director may at any time waive any notice required by this chapter, the articles, or bylaws. (ii) (a) Except as provided in subdivision (c)(3)(B) of this section, the waiver shall be in writing, signed by the director entitled to the notice, and filed with the minutes of the water authority's records. (b) A signed waiver delivered by facsimile transmittal shall constitute a valid waiver of notice under this section. (B) A director's attendance at or participation in a meeting waives any required notice of the meeting unless the director, upon arriving at the meeting or prior to the vote on a matter not noticed in conformity with this chapter or the articles or bylaws, objects to lack of notice and does not thereafter vote for or assent to the objected to action; and (4) (A) Except as provided in the bylaws, a majority of the members of a board shall constitute a quorum for the transaction of business, and a vote of a majority of a quorum shall constitute an act of the board. (B) No vacancy in the membership of a board shall impair the right of a quorum to exercise all the powers and duties of a water authority. (C) All powers of a water authority shall be exercised by its board of directors or pursuant to its authorization.

(1) (A) (i) If the time and place of a directors' meeting is fixed by the bylaws or the board, the meeting is a regular meeting. (ii) All other meetings are special meetings. (B) (i) A board may permit any or all directors to participate in a regular or special meeting by, or conduct the meeting through, the use of any means of communication by which all directors participating may simultaneously hear each other during the meeting. (ii) A director participating in a meeting by this means is deemed to be present in person at the meeting;

(A) (i) If the time and place of a directors' meeting is fixed by the bylaws or the board, the meeting is a regular meeting. (ii) All other meetings are special meetings.

(i) If the time and place of a directors' meeting is fixed by the bylaws or the board, the meeting is a regular meeting.

(ii) All other meetings are special meetings.

(B) (i) A board may permit any or all directors to participate in a regular or special meeting by, or conduct the meeting through, the use of any means of communication by which all directors participating may simultaneously hear each other during the meeting. (ii) A director participating in a meeting by this means is deemed to be present in person at the meeting;

(i) A board may permit any or all directors to participate in a regular or special meeting by, or conduct the meeting through, the use of any means of communication by which all directors participating may simultaneously hear each other during the meeting.

(ii) A director participating in a meeting by this means is deemed to be present in person at the meeting;

(2) (A) Except as provided in subdivision (c)(2)(C) of this section, regular meetings of the board may be held without notice. (B) Except as provided in subdivision (c)(2)(C) of this section, special meetings of the board shall be preceded by at least two (2) days' written notice to each director of the date, time, and place, but not the purpose, of the meeting. (C) Any board action to remove a director shall not be valid unless each director is given at least seven (7) days' written notice that the matter will be voted upon at a directors' meeting or unless notice is waived. (D) The presiding officer of the board, the president, or twenty percent (20%) of the directors then in office may call and give notice of a meeting of the board;

(A) Except as provided in subdivision (c)(2)(C) of this section, regular meetings of the board may be held without notice.

(B) Except as provided in subdivision (c)(2)(C) of this section, special meetings of the board shall be preceded by at least two (2) days' written notice to each director of the date, time, and place, but not the purpose, of the meeting.

(C) Any board action to remove a director shall not be valid unless each director is given at least seven (7) days' written notice that the matter will be voted upon at a directors' meeting or unless notice is waived.

(D) The presiding officer of the board, the president, or twenty percent (20%) of the directors then in office may call and give notice of a meeting of the board;

(3) (A) (i) A director may at any time waive any notice required by this chapter, the articles, or bylaws. (ii) (a) Except as provided in subdivision (c)(3)(B) of this section, the waiver shall be in writing, signed by the director entitled to the notice, and filed with the minutes of the water authority's records. (b) A signed waiver delivered by facsimile transmittal shall constitute a valid waiver of notice under this section. (B) A director's attendance at or participation in a meeting waives any required notice of the meeting unless the director, upon arriving at the meeting or prior to the vote on a matter not noticed in conformity with this chapter or the articles or bylaws, objects to lack of notice and does not thereafter vote for or assent to the objected to action; and

(A) (i) A director may at any time waive any notice required by this chapter, the articles, or bylaws. (ii) (a) Except as provided in subdivision (c)(3)(B) of this section, the waiver shall be in writing, signed by the director entitled to the notice, and filed with the minutes of the water authority's records. (b) A signed waiver delivered by facsimile transmittal shall constitute a valid waiver of notice under this section.

(i) A director may at any time waive any notice required by this chapter, the articles, or bylaws.

(ii) (a) Except as provided in subdivision (c)(3)(B) of this section, the waiver shall be in writing, signed by the director entitled to the notice, and filed with the minutes of the water authority's records. (b) A signed waiver delivered by facsimile transmittal shall constitute a valid waiver of notice under this section.

(a) Except as provided in subdivision (c)(3)(B) of this section, the waiver shall be in writing, signed by the director entitled to the notice, and filed with the minutes of the water authority's records.

(b) A signed waiver delivered by facsimile transmittal shall constitute a valid waiver of notice under this section.

(B) A director's attendance at or participation in a meeting waives any required notice of the meeting unless the director, upon arriving at the meeting or prior to the vote on a matter not noticed in conformity with this chapter or the articles or bylaws, objects to lack of notice and does not thereafter vote for or assent to the objected to action; and

(4) (A) Except as provided in the bylaws, a majority of the members of a board shall constitute a quorum for the transaction of business, and a vote of a majority of a quorum shall constitute an act of the board. (B) No vacancy in the membership of a board shall impair the right of a quorum to exercise all the powers and duties of a water authority. (C) All powers of a water authority shall be exercised by its board of directors or pursuant to its authorization.

(A) Except as provided in the bylaws, a majority of the members of a board shall constitute a quorum for the transaction of business, and a vote of a majority of a quorum shall constitute an act of the board.

(B) No vacancy in the membership of a board shall impair the right of a quorum to exercise all the powers and duties of a water authority.

(C) All powers of a water authority shall be exercised by its board of directors or pursuant to its authorization.

(d) (1) (A) Unless prohibited or limited by the articles or bylaws, a board of directors may create one (1) or more committees of the board and appoint members of the board to serve on them. (B) Each committee shall have two (2) or more directors who shall serve at the direction of the board. (2) A committee of the board may not: (A) Authorize the issuance of bonds or any related matters; (B) Approve or recommend dissolution or the sale, pledge, or transfer of all or substantially all of the water authority's assets; (C) Elect, appoint, or remove directors or fill vacancies on the board or on any of its committees; or (D) Adopt, amend, or repeal the articles or bylaws.

(1) (A) Unless prohibited or limited by the articles or bylaws, a board of directors may create one (1) or more committees of the board and appoint members of the board to serve on them. (B) Each committee shall have two (2) or more directors who shall serve at the direction of the board.

(A) Unless prohibited or limited by the articles or bylaws, a board of directors may create one (1) or more committees of the board and appoint members of the board to serve on them.

(B) Each committee shall have two (2) or more directors who shall serve at the direction of the board.

(2) A committee of the board may not: (A) Authorize the issuance of bonds or any related matters; (B) Approve or recommend dissolution or the sale, pledge, or transfer of all or substantially all of the water authority's assets; (C) Elect, appoint, or remove directors or fill vacancies on the board or on any of its committees; or (D) Adopt, amend, or repeal the articles or bylaws.

(A) Authorize the issuance of bonds or any related matters;

(B) Approve or recommend dissolution or the sale, pledge, or transfer of all or substantially all of the water authority's assets;

(C) Elect, appoint, or remove directors or fill vacancies on the board or on any of its committees; or

(D) Adopt, amend, or repeal the articles or bylaws.

(e) (1) A director shall discharge his or her duties as a director, including his or her duties as a member of a committee: (A) In good faith; (B) With the care an ordinarily prudent person in a like position would exercise under similar circumstances; and (C) In a manner the director reasonably believes to be in the best interests of the water authority. (2) In discharging his or her duties, a director is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data if prepared or presented by: (A) One (1) or more officers or employees of the water authority whom the director reasonably believes to be reliable and competent in the matters presented; (B) Legal counsel, public accountants, or other persons as to matters the director reasonably believes are within the person's professional or expert competence; or (C) A committee of the board of which the director is not a member, as to matters within its jurisdiction, if the director reasonably believes the committee merits confidence.

(1) A director shall discharge his or her duties as a director, including his or her duties as a member of a committee: (A) In good faith; (B) With the care an ordinarily prudent person in a like position would exercise under similar circumstances; and (C) In a manner the director reasonably believes to be in the best interests of the water authority.

(A) In good faith;

(B) With the care an ordinarily prudent person in a like position would exercise under similar circumstances; and

(C) In a manner the director reasonably believes to be in the best interests of the water authority.

(2) In discharging his or her duties, a director is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data if prepared or presented by: (A) One (1) or more officers or employees of the water authority whom the director reasonably believes to be reliable and competent in the matters presented; (B) Legal counsel, public accountants, or other persons as to matters the director reasonably believes are within the person's professional or expert competence; or (C) A committee of the board of which the director is not a member, as to matters within its jurisdiction, if the director reasonably believes the committee merits confidence.

(A) One (1) or more officers or employees of the water authority whom the director reasonably believes to be reliable and competent in the matters presented;

(B) Legal counsel, public accountants, or other persons as to matters the director reasonably believes are within the person's professional or expert competence; or

(C) A committee of the board of which the director is not a member, as to matters within its jurisdiction, if the director reasonably believes the committee merits confidence.

(f) A member of the board of a water authority shall serve without compensation except that he or she may be reimbursed for actual expenses incurred in the performance of his or her duties.

(g) All proceedings of a board shall be reduced to writing by the secretary of the water authority and appropriately recorded and maintained.

(h) (1) The board of directors of a public water authority may elect by majority vote to: (A) Participate in the Arkansas Public Employees' Retirement System; and (B) Allow full-time employees of a public water authority to become members of the Arkansas Public Employees' Retirement System. (2) The public water authority shall pay the contributions required by the Board of Trustees of the Arkansas Public Employees' Retirement System in accordance with § 24-4-101 et seq.

(1) The board of directors of a public water authority may elect by majority vote to: (A) Participate in the Arkansas Public Employees' Retirement System; and (B) Allow full-time employees of a public water authority to become members of the Arkansas Public Employees' Retirement System.

(A) Participate in the Arkansas Public Employees' Retirement System; and

(B) Allow full-time employees of a public water authority to become members of the Arkansas Public Employees' Retirement System.

(2) The public water authority shall pay the contributions required by the Board of Trustees of the Arkansas Public Employees' Retirement System in accordance with § 24-4-101 et seq.

Amended by Act 2019, No. 449,§ 1, eff. 7/24/2019.

Acts 2003, No. 1330, § 3.
Ark. Code Ann. § 4-113-102 — AR Code / Title 4 / Chapter 113 / Section 4-113-102
[Repealed]
Status: repealed

Repealed by Act 2019, No. 1091,§ 1, eff. 7/24/2019. Acts 2007, No. 604, § 1; 2009, No. 947, § 1.

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

Acts 2007, No. 604, § 1; 2009, No. 947, § 1.
Ark. Code Ann. § 4-116-104 — AR Code / Title 4 / Chapter 116 / Section 4-116-104
Posting of fee schedules and disclosures
Status: in_force

(a) A facilitator shall display a schedule showing the current fees for refund anticipation loans or refund anticipation checks facilitated at the office. (b) A facilitator also shall prominently display on each fee schedule the following information: (1) Examples of the interest rates charged for refund anticipation loans in the amounts of: (A) Two hundred fifty dollars ($250); (B) Five hundred dollars ($500); (C) One thousand dollars ($1,000); and (D) Two thousand five hundred dollars ($2,500); (2) A legend, centered, in bold capital letters, and in one-inch letters stating: "NOTICE CONCERNING REFUND ANTICIPATION LOANS"; and (3) The following statement: "When you take out a refund anticipation loan, you are borrowing money against your tax refund. If your tax refund is less than expected, you will still owe the entire amount of the loan. If your refund is delayed, you may have to pay additional costs. YOU CAN USUALLY GET YOUR REFUND IN 8 TO 15 DAYS WITHOUT PAYING ANY EXTRA FEES AND TAKING OUT A LOAN. You can have your tax return filed electronically and your refund direct deposited into your own bank account without obtaining a loan or paying fees for an extra product.". (c) (1) The postings required by this section shall be made in no less than 28-point type on a document measuring no less than sixteen inches by twenty inches (16" x 20"). (2) The posting required in this section shall be displayed in a prominent location at each office where the facilitator is facilitating refund anticipation loans. (d) A facilitator shall not facilitate a refund anticipation loan or refund anticipation check unless: (1) The disclosures required by this section are displayed; and (2) The fee charged for the refund anticipation loan or refund anticipation check is the same as the fee displayed on the schedule. Acts 2009, No. 1402, § 1.

(a) A facilitator shall display a schedule showing the current fees for refund anticipation loans or refund anticipation checks facilitated at the office.

(b) A facilitator also shall prominently display on each fee schedule the following information: (1) Examples of the interest rates charged for refund anticipation loans in the amounts of: (A) Two hundred fifty dollars ($250); (B) Five hundred dollars ($500); (C) One thousand dollars ($1,000); and (D) Two thousand five hundred dollars ($2,500); (2) A legend, centered, in bold capital letters, and in one-inch letters stating: "NOTICE CONCERNING REFUND ANTICIPATION LOANS"; and (3) The following statement: "When you take out a refund anticipation loan, you are borrowing money against your tax refund. If your tax refund is less than expected, you will still owe the entire amount of the loan. If your refund is delayed, you may have to pay additional costs. YOU CAN USUALLY GET YOUR REFUND IN 8 TO 15 DAYS WITHOUT PAYING ANY EXTRA FEES AND TAKING OUT A LOAN. You can have your tax return filed electronically and your refund direct deposited into your own bank account without obtaining a loan or paying fees for an extra product.".

(1) Examples of the interest rates charged for refund anticipation loans in the amounts of: (A) Two hundred fifty dollars ($250); (B) Five hundred dollars ($500); (C) One thousand dollars ($1,000); and (D) Two thousand five hundred dollars ($2,500);

(A) Two hundred fifty dollars ($250);

(B) Five hundred dollars ($500);

(C) One thousand dollars ($1,000); and

(D) Two thousand five hundred dollars ($2,500);

(2) A legend, centered, in bold capital letters, and in one-inch letters stating: "NOTICE CONCERNING REFUND ANTICIPATION LOANS"; and

(3) The following statement: "When you take out a refund anticipation loan, you are borrowing money against your tax refund. If your tax refund is less than expected, you will still owe the entire amount of the loan. If your refund is delayed, you may have to pay additional costs. YOU CAN USUALLY GET YOUR REFUND IN 8 TO 15 DAYS WITHOUT PAYING ANY EXTRA FEES AND TAKING OUT A LOAN. You can have your tax return filed electronically and your refund direct deposited into your own bank account without obtaining a loan or paying fees for an extra product.".

(c) (1) The postings required by this section shall be made in no less than 28-point type on a document measuring no less than sixteen inches by twenty inches (16" x 20"). (2) The posting required in this section shall be displayed in a prominent location at each office where the facilitator is facilitating refund anticipation loans.

(1) The postings required by this section shall be made in no less than 28-point type on a document measuring no less than sixteen inches by twenty inches (16" x 20").

(2) The posting required in this section shall be displayed in a prominent location at each office where the facilitator is facilitating refund anticipation loans.

(d) A facilitator shall not facilitate a refund anticipation loan or refund anticipation check unless: (1) The disclosures required by this section are displayed; and (2) The fee charged for the refund anticipation loan or refund anticipation check is the same as the fee displayed on the schedule.

(1) The disclosures required by this section are displayed; and

(2) The fee charged for the refund anticipation loan or refund anticipation check is the same as the fee displayed on the schedule.

Acts 2009, No. 1402, § 1.
Ark. Code Ann. § 4-27-1802 — AR Code / Title 4 / Chapter 27 / Subchapter 18 / Section 4-27-1802
Action on plan of share exchange
Status: in_force

(a) After adopting a plan of share exchange, the board of directors of each corporation whose shares will be acquired in the share exchange shall submit the plan of share exchange for approval by its shareholders. (b) A plan of share exchange may be approved if the: (1) Board of directors recommends the plan of share exchange to the shareholders, unless the board of directors: (A) Determines that because of a conflict of interest or other special circumstances it should make no recommendation; and (B) Communicates the basis for its determination at the time the plan of share exchange is submitted to the shareholders; and (2) Shareholders entitled to vote approve the plan. (c) The board of directors may condition its submission of the proposed plan of share exchange on any basis. (d) (1) The corporation shall notify each shareholder, whether or not entitled to vote, of the proposed shareholders' meeting in accordance with § 4-27-705 . (2) The notice shall: (A) State that a purpose of the meeting is to consider the plan of share exchange; and (B) Contain or be accompanied by a copy or summary of the plan. (e) Unless this chapter, the articles of incorporation, or the board of directors acting under subsection (c) of this section require a greater vote or a vote by voting groups, the plan of share exchange to be authorized must be approved by the affirmative vote of the holders of a majority of the outstanding shares entitled to vote and, if by voting group, by each voting group entitled to vote separately on the plan by a majority of all the votes entitled to be cast on the plan by the voting group. (f) (1) Separate voting by voting groups is required on a plan of share exchange by each class or series of shares included in the exchange. (2) Each class or series constitutes a separate voting group. (g) Subject to any contractual rights, until articles of share exchange are filed the planned share exchange may be abandoned without further shareholder action in accordance with the procedure set forth in the plan of share exchange or, if none is set forth, in the manner determined by the board of directors. Acts 2009, No. 408, § 4.

(a) After adopting a plan of share exchange, the board of directors of each corporation whose shares will be acquired in the share exchange shall submit the plan of share exchange for approval by its shareholders.

(b) A plan of share exchange may be approved if the: (1) Board of directors recommends the plan of share exchange to the shareholders, unless the board of directors: (A) Determines that because of a conflict of interest or other special circumstances it should make no recommendation; and (B) Communicates the basis for its determination at the time the plan of share exchange is submitted to the shareholders; and (2) Shareholders entitled to vote approve the plan.

(1) Board of directors recommends the plan of share exchange to the shareholders, unless the board of directors: (A) Determines that because of a conflict of interest or other special circumstances it should make no recommendation; and (B) Communicates the basis for its determination at the time the plan of share exchange is submitted to the shareholders; and

(A) Determines that because of a conflict of interest or other special circumstances it should make no recommendation; and

(B) Communicates the basis for its determination at the time the plan of share exchange is submitted to the shareholders; and

(2) Shareholders entitled to vote approve the plan.

(c) The board of directors may condition its submission of the proposed plan of share exchange on any basis.

(d) (1) The corporation shall notify each shareholder, whether or not entitled to vote, of the proposed shareholders' meeting in accordance with § 4-27-705 . (2) The notice shall: (A) State that a purpose of the meeting is to consider the plan of share exchange; and (B) Contain or be accompanied by a copy or summary of the plan.

(1) The corporation shall notify each shareholder, whether or not entitled to vote, of the proposed shareholders' meeting in accordance with § 4-27-705 .

(2) The notice shall: (A) State that a purpose of the meeting is to consider the plan of share exchange; and (B) Contain or be accompanied by a copy or summary of the plan.

(A) State that a purpose of the meeting is to consider the plan of share exchange; and

(B) Contain or be accompanied by a copy or summary of the plan.

(e) Unless this chapter, the articles of incorporation, or the board of directors acting under subsection (c) of this section require a greater vote or a vote by voting groups, the plan of share exchange to be authorized must be approved by the affirmative vote of the holders of a majority of the outstanding shares entitled to vote and, if by voting group, by each voting group entitled to vote separately on the plan by a majority of all the votes entitled to be cast on the plan by the voting group.

(f) (1) Separate voting by voting groups is required on a plan of share exchange by each class or series of shares included in the exchange. (2) Each class or series constitutes a separate voting group.

(1) Separate voting by voting groups is required on a plan of share exchange by each class or series of shares included in the exchange.

(2) Each class or series constitutes a separate voting group.

(g) Subject to any contractual rights, until articles of share exchange are filed the planned share exchange may be abandoned without further shareholder action in accordance with the procedure set forth in the plan of share exchange or, if none is set forth, in the manner determined by the board of directors.

Acts 2009, No. 408, § 4.
Ark. Code Ann. § 4-30-205 — AR Code / Title 4 / Chapter 30 / Subchapter 2 / Section 4-30-205
Conditional termination of corporate existence
Status: in_force

The corporate existence of all of such cooperative banks organized under this chapter prior to March 22, 1937, which are situated in cities, towns, and communities in which there is established and placed in operation a state or national bank or a teller's window branch thereof after March 22, 1937, shall expire and terminate not later than eighteen (18) months from the date that the state or national bank or a teller's window branch thereof opens or opened for business. However, no teller's window branch of any bank shall be placed in any incorporated town where a cooperative bank is in existence in the event a majority of the real property owners within the incorporated limits of the town or city shall protest by petition the State Bank Department's granting its permission to place a teller's window in the city or town. Acts 1921, No. 632, § 21 as added by Acts 1937, No. 287, § 1; Pope's Dig., § 2282; A.S.A. 1947, § 64-1521.

The corporate existence of all of such cooperative banks organized under this chapter prior to March 22, 1937, which are situated in cities, towns, and communities in which there is established and placed in operation a state or national bank or a teller's window branch thereof after March 22, 1937, shall expire and terminate not later than eighteen (18) months from the date that the state or national bank or a teller's window branch thereof opens or opened for business. However, no teller's window branch of any bank shall be placed in any incorporated town where a cooperative bank is in existence in the event a majority of the real property owners within the incorporated limits of the town or city shall protest by petition the State Bank Department's granting its permission to place a teller's window in the city or town.

Acts 1921, No. 632, § 21 as added by Acts 1937, No. 287, § 1; Pope's Dig., § 2282; A.S.A. 1947, § 64-1521.
Ark. Code Ann. § 4-35-301 — AR Code / Title 4 / Chapter 35 / Subchapter 3 / Section 4-35-301
Issuance of bonds
Status: in_force

(a) A water authority is authorized at any time and from time to time to issue its interest-bearing bonds for the purpose of acquiring, constructing, improving, enlarging, completing, and equipping one (1) or more projects. (b) (1) (A) Prior to a water authority's proposed issuance of bonds, the water authority shall publish one (1) time in a newspaper of general circulation in the affected county or counties in which the project or projects are or will be located: (i) Notice of the proposed issuance of bonds; (ii) The maximum principal amount of bonds contemplated to be sold; (iii) A general description of the project contemplated to be financed or refinanced with bond proceeds; and (iv) The date, time, and location of a public meeting at which members of the public may obtain further information regarding the bonds and the development of the project. (B) Notice under subdivision (b)(1)(A) of this section shall be published at least ten (10) days prior to the date of the hearing described in subdivision (b)(1)(A)(iv) of this section. (2) A water authority president or his or her designee shall be responsible for conducting the hearing and shall require all public comments that might pertain to the proposed issuance of bonds by the water authority. (3) (A) Upon compliance with the provisions of this section, no other notice, hearing, or approval by any other entity or governmental unit shall be required as a condition to the issuance by a water authority of its contemplated bonds. (B) The provisions of the Revenue Bond Act of 1987, § 19-9-601 et seq., do not apply to this section. (4) The requirements of this subsection shall not apply to the issuance of bonds to refund bonds of the water authority for which a public hearing was held. (c) The principal of and the interest on any bonds may be payable out of the revenues derived from the projects with respect to which the bonds are issued or from any other source available to a water authority. (d) None of the bonds of a water authority shall ever constitute an obligation or debt of the state, the city, the county in which the water authority operates, the Arkansas Natural Resources Commission, or any officer or director of the water authority or a charge against the credit or taxing powers of the state. (e) As the water authority shall determine, bonds of the water authority may: (1) Be issued at any time and from time to time as may be appropriate and necessary; (2) Be in such form and denominations as may be appropriate and necessary; (3) Have such date or dates as may be appropriate and necessary; (4) Mature at such time or times and in such amount or amounts as may be appropriate and necessary, provided that no bonds may mature more than forty (40) years after the date of issuance; (5) Bear interest payable at such times and at such rate or rates as may be established by the board, as may be appropriate and necessary; (6) Be payable at such place or places within or without the State of Arkansas as may be appropriate and necessary; (7) Be subject to such terms of redemption in advance of maturity at such prices, including such premiums, as may be appropriate and necessary; and (8) Contain other terms and provisions as may be appropriate or necessary. (f) (1) Bonds of a water authority may be sold at either public or private sale in such manner and from time to time as may be determined by the board to be most advantageous. (2) The water authority may pay all expenses, premiums, and commissions that the board may deem necessary or advantageous in connection with the authorization, sale, and issuance of its bonds. (g) (1) All bonds shall contain a recital that they are issued pursuant to the provisions of this chapter. (2) The recital shall be conclusive that the bonds have been authorized pursuant to the provisions of this chapter. (h) Other than financing leases, all bonds issued under the provisions of this chapter shall be negotiable instruments within the meaning of the negotiable instruments law of the state and shall be in registered form. (i) All bonds issued under this chapter shall be approved by resolution adopted by the board of the water authority. Acts 2003, No. 1330, § 3; 2005, No. 1927, § 1.

(a) A water authority is authorized at any time and from time to time to issue its interest-bearing bonds for the purpose of acquiring, constructing, improving, enlarging, completing, and equipping one (1) or more projects.

(b) (1) (A) Prior to a water authority's proposed issuance of bonds, the water authority shall publish one (1) time in a newspaper of general circulation in the affected county or counties in which the project or projects are or will be located: (i) Notice of the proposed issuance of bonds; (ii) The maximum principal amount of bonds contemplated to be sold; (iii) A general description of the project contemplated to be financed or refinanced with bond proceeds; and (iv) The date, time, and location of a public meeting at which members of the public may obtain further information regarding the bonds and the development of the project. (B) Notice under subdivision (b)(1)(A) of this section shall be published at least ten (10) days prior to the date of the hearing described in subdivision (b)(1)(A)(iv) of this section. (2) A water authority president or his or her designee shall be responsible for conducting the hearing and shall require all public comments that might pertain to the proposed issuance of bonds by the water authority. (3) (A) Upon compliance with the provisions of this section, no other notice, hearing, or approval by any other entity or governmental unit shall be required as a condition to the issuance by a water authority of its contemplated bonds. (B) The provisions of the Revenue Bond Act of 1987, § 19-9-601 et seq., do not apply to this section. (4) The requirements of this subsection shall not apply to the issuance of bonds to refund bonds of the water authority for which a public hearing was held.

(1) (A) Prior to a water authority's proposed issuance of bonds, the water authority shall publish one (1) time in a newspaper of general circulation in the affected county or counties in which the project or projects are or will be located: (i) Notice of the proposed issuance of bonds; (ii) The maximum principal amount of bonds contemplated to be sold; (iii) A general description of the project contemplated to be financed or refinanced with bond proceeds; and (iv) The date, time, and location of a public meeting at which members of the public may obtain further information regarding the bonds and the development of the project. (B) Notice under subdivision (b)(1)(A) of this section shall be published at least ten (10) days prior to the date of the hearing described in subdivision (b)(1)(A)(iv) of this section.

(A) Prior to a water authority's proposed issuance of bonds, the water authority shall publish one (1) time in a newspaper of general circulation in the affected county or counties in which the project or projects are or will be located: (i) Notice of the proposed issuance of bonds; (ii) The maximum principal amount of bonds contemplated to be sold; (iii) A general description of the project contemplated to be financed or refinanced with bond proceeds; and (iv) The date, time, and location of a public meeting at which members of the public may obtain further information regarding the bonds and the development of the project.

(i) Notice of the proposed issuance of bonds;

(ii) The maximum principal amount of bonds contemplated to be sold;

(iii) A general description of the project contemplated to be financed or refinanced with bond proceeds; and

(iv) The date, time, and location of a public meeting at which members of the public may obtain further information regarding the bonds and the development of the project.

(B) Notice under subdivision (b)(1)(A) of this section shall be published at least ten (10) days prior to the date of the hearing described in subdivision (b)(1)(A)(iv) of this section.

(2) A water authority president or his or her designee shall be responsible for conducting the hearing and shall require all public comments that might pertain to the proposed issuance of bonds by the water authority.

(3) (A) Upon compliance with the provisions of this section, no other notice, hearing, or approval by any other entity or governmental unit shall be required as a condition to the issuance by a water authority of its contemplated bonds. (B) The provisions of the Revenue Bond Act of 1987, § 19-9-601 et seq., do not apply to this section.

(A) Upon compliance with the provisions of this section, no other notice, hearing, or approval by any other entity or governmental unit shall be required as a condition to the issuance by a water authority of its contemplated bonds.

(B) The provisions of the Revenue Bond Act of 1987, § 19-9-601 et seq., do not apply to this section.

(4) The requirements of this subsection shall not apply to the issuance of bonds to refund bonds of the water authority for which a public hearing was held.

(c) The principal of and the interest on any bonds may be payable out of the revenues derived from the projects with respect to which the bonds are issued or from any other source available to a water authority.

(d) None of the bonds of a water authority shall ever constitute an obligation or debt of the state, the city, the county in which the water authority operates, the Arkansas Natural Resources Commission, or any officer or director of the water authority or a charge against the credit or taxing powers of the state.

(e) As the water authority shall determine, bonds of the water authority may: (1) Be issued at any time and from time to time as may be appropriate and necessary; (2) Be in such form and denominations as may be appropriate and necessary; (3) Have such date or dates as may be appropriate and necessary; (4) Mature at such time or times and in such amount or amounts as may be appropriate and necessary, provided that no bonds may mature more than forty (40) years after the date of issuance; (5) Bear interest payable at such times and at such rate or rates as may be established by the board, as may be appropriate and necessary; (6) Be payable at such place or places within or without the State of Arkansas as may be appropriate and necessary; (7) Be subject to such terms of redemption in advance of maturity at such prices, including such premiums, as may be appropriate and necessary; and (8) Contain other terms and provisions as may be appropriate or necessary.

(1) Be issued at any time and from time to time as may be appropriate and necessary;

(2) Be in such form and denominations as may be appropriate and necessary;

(3) Have such date or dates as may be appropriate and necessary;

(4) Mature at such time or times and in such amount or amounts as may be appropriate and necessary, provided that no bonds may mature more than forty (40) years after the date of issuance;

(5) Bear interest payable at such times and at such rate or rates as may be established by the board, as may be appropriate and necessary;

(6) Be payable at such place or places within or without the State of Arkansas as may be appropriate and necessary;

(7) Be subject to such terms of redemption in advance of maturity at such prices, including such premiums, as may be appropriate and necessary; and

(8) Contain other terms and provisions as may be appropriate or necessary.

(f) (1) Bonds of a water authority may be sold at either public or private sale in such manner and from time to time as may be determined by the board to be most advantageous. (2) The water authority may pay all expenses, premiums, and commissions that the board may deem necessary or advantageous in connection with the authorization, sale, and issuance of its bonds.

(1) Bonds of a water authority may be sold at either public or private sale in such manner and from time to time as may be determined by the board to be most advantageous.

(2) The water authority may pay all expenses, premiums, and commissions that the board may deem necessary or advantageous in connection with the authorization, sale, and issuance of its bonds.

(g) (1) All bonds shall contain a recital that they are issued pursuant to the provisions of this chapter. (2) The recital shall be conclusive that the bonds have been authorized pursuant to the provisions of this chapter.

(1) All bonds shall contain a recital that they are issued pursuant to the provisions of this chapter.

(2) The recital shall be conclusive that the bonds have been authorized pursuant to the provisions of this chapter.

(h) Other than financing leases, all bonds issued under the provisions of this chapter shall be negotiable instruments within the meaning of the negotiable instruments law of the state and shall be in registered form.

(i) All bonds issued under this chapter shall be approved by resolution adopted by the board of the water authority.

Acts 2003, No. 1330, § 3; 2005, No. 1927, § 1.
Ark. Code Ann. § 4-28-412 — AR Code / Title 4 / Chapter 28 / Subchapter 4 / Section 4-28-412
Prohibited acts
Status: in_force

It shall be a violation of this subchapter for: (1) Any person to make any misrepresentation, either express or implied, during the course of soliciting funds for a charitable organization; (2) Any charitable organization to engage in any financial transaction that knowingly jeopardizes or interferes with the ability of the charitable organization to accomplish its charitable purpose; (3) Any person to knowingly use or exploit the fact of registration so as to lead the public to believe that such registration constitutes an endorsement or approval by the state; (4) Any person to knowingly misrepresent that any other person sponsors or endorses a solicitation; (5) Any person to knowingly either use the name of a charitable organization or display any emblem, device, or printed matter belonging to or associated with a charitable organization without the express written permission of the charitable organization; (6) Any charitable organization to knowingly use a name that is the same as or confusingly similar to the name of another charitable organization unless the latter organization consents in writing to its use; (7) Any charitable organization to represent itself as being associated with another charitable organization without the express written acknowledgment and endorsement of the other charitable organization; (8) Any person to knowingly make any false or misleading statements on any document required to be filed with the Secretary of State; (9) Any person to fail to substantially comply with the requirements of this subchapter; (10) Any charitable organization to use the services of an unregistered paid solicitor who is required to register pursuant to this subchapter; (11) Any paid solicitor to solicit contributions from citizens or entities located in this state on behalf of an unregistered charitable organization; and (12) Any person to use an Arkansas address, including a return address, in any solicitation unless the: (A) Charitable organization maintains and staffs an office at that address; (B) Solicitation discloses in writing immediately proximate to the address located in this state both the address of the charitable organization's actual headquarters and the fact that the address is that of a mail drop box or is located in a mail-handling facility; or (C) Person, if soliciting by phone, discloses the address of the organization's actual headquarters in addition to any address maintained in this state. Amended by Act 2017, No. 727,§ 12, eff. 1/1/2018. Amended by Act 2017, No. 727,§ 11, eff. 1/1/2018. Acts 1999, No. 1198, § 12; 2005, No. 257, § 1.

It shall be a violation of this subchapter for:

(1) Any person to make any misrepresentation, either express or implied, during the course of soliciting funds for a charitable organization;

(2) Any charitable organization to engage in any financial transaction that knowingly jeopardizes or interferes with the ability of the charitable organization to accomplish its charitable purpose;

(3) Any person to knowingly use or exploit the fact of registration so as to lead the public to believe that such registration constitutes an endorsement or approval by the state;

(4) Any person to knowingly misrepresent that any other person sponsors or endorses a solicitation;

(5) Any person to knowingly either use the name of a charitable organization or display any emblem, device, or printed matter belonging to or associated with a charitable organization without the express written permission of the charitable organization;

(6) Any charitable organization to knowingly use a name that is the same as or confusingly similar to the name of another charitable organization unless the latter organization consents in writing to its use;

(7) Any charitable organization to represent itself as being associated with another charitable organization without the express written acknowledgment and endorsement of the other charitable organization;

(8) Any person to knowingly make any false or misleading statements on any document required to be filed with the Secretary of State;

(9) Any person to fail to substantially comply with the requirements of this subchapter;

(10) Any charitable organization to use the services of an unregistered paid solicitor who is required to register pursuant to this subchapter;

(11) Any paid solicitor to solicit contributions from citizens or entities located in this state on behalf of an unregistered charitable organization; and

(12) Any person to use an Arkansas address, including a return address, in any solicitation unless the: (A) Charitable organization maintains and staffs an office at that address; (B) Solicitation discloses in writing immediately proximate to the address located in this state both the address of the charitable organization's actual headquarters and the fact that the address is that of a mail drop box or is located in a mail-handling facility; or (C) Person, if soliciting by phone, discloses the address of the organization's actual headquarters in addition to any address maintained in this state.

(A) Charitable organization maintains and staffs an office at that address;

(B) Solicitation discloses in writing immediately proximate to the address located in this state both the address of the charitable organization's actual headquarters and the fact that the address is that of a mail drop box or is located in a mail-handling facility; or

(C) Person, if soliciting by phone, discloses the address of the organization's actual headquarters in addition to any address maintained in this state.

Amended by Act 2017, No. 727,§ 12, eff. 1/1/2018.

Amended by Act 2017, No. 727,§ 11, eff. 1/1/2018.

Acts 1999, No. 1198, § 12; 2005, No. 257, § 1.
Ark. Code Ann. § 4-70-205 — AR Code / Title 4 / Chapter 70 / Subchapter 2 / Section 4-70-205
Certified copy of certificate as presumptive evidence
Status: in_force

A copy of the certificate duly certified by the county clerk in whose office the certificate was filed shall be presumptive evidence in all courts in this state of the facts therein contained. Acts 1943, No. 11, § 3; A.S.A. 1947, § 70-403.

A copy of the certificate duly certified by the county clerk in whose office the certificate was filed shall be presumptive evidence in all courts in this state of the facts therein contained.

Acts 1943, No. 11, § 3; A.S.A. 1947, § 70-403.
Ark. Code Ann. § 4-75-310 — AR Code / Title 4 / Chapter 75 / Subchapter 3 / Section 4-75-310
Driving out or financially injuring competition
Status: in_force

If any person, company, partnership, association, corporation, or agent engaged in the manufacture or sale of any article of commerce or consumption produced, manufactured, or mined in this state or elsewhere shall, with the intent and purpose of driving out competition or for the purpose of financially injuring competitors, sell within this state at less than cost of manufacture or production or sell in such a way, or give away, in this state their productions for the purpose of driving out competition or financially injuring competitors engaged in similar business, then the person, or persons, company, partnership, association, corporation, or agent resorting to this method of securing a monopoly within this state in such business shall be deemed guilty of a conspiracy to form or secure a trust or monopoly in restraint of trade and on conviction shall be subjected to the penalties of this subchapter. Acts 1905, No. 1, § 6, p. 1; C. & M. Dig., § 7374; Pope's Dig., § 9413; A.S.A. 1947, § 70-106.

If any person, company, partnership, association, corporation, or agent engaged in the manufacture or sale of any article of commerce or consumption produced, manufactured, or mined in this state or elsewhere shall, with the intent and purpose of driving out competition or for the purpose of financially injuring competitors, sell within this state at less than cost of manufacture or production or sell in such a way, or give away, in this state their productions for the purpose of driving out competition or financially injuring competitors engaged in similar business, then the person, or persons, company, partnership, association, corporation, or agent resorting to this method of securing a monopoly within this state in such business shall be deemed guilty of a conspiracy to form or secure a trust or monopoly in restraint of trade and on conviction shall be subjected to the penalties of this subchapter.

Acts 1905, No. 1, § 6, p. 1; C. & M. Dig., § 7374; Pope's Dig., § 9413; A.S.A. 1947, § 70-106.
Ark. Code Ann. § 4-108-201 — AR Code / Title 4 / Chapter 108 / Subchapter 2 / Section 4-108-201
Purpose
Status: in_force

(a) There should be uniform requirements for engine fuels, petroleum products, and automotive lubricants among the several states. (b) This subchapter provides for the establishment of quality specifications for these products. Acts 2001, No. 586, § 1.

(a) There should be uniform requirements for engine fuels, petroleum products, and automotive lubricants among the several states.

(b) This subchapter provides for the establishment of quality specifications for these products.

Acts 2001, No. 586, § 1.
Ark. Code Ann. § 4-37-106 — AR Code / Title 4 / Chapter 37 / Subchapter 1 / Section 4-37-106
Relation of operating agreement, this chapter, and the Uniform Limited Liability Company Act
Status: in_force

(a) Except as otherwise provided in this section and subject to § 4-37-107 and § 4-37-108 , the operating agreement of a series limited liability company governs: (1) the internal affairs of a protected series, including: (A) relations among any associated members of the protected series; (B) relations among the protected series and: (i) any associated member; (ii) the protected-series manager; or (iii) any protected-series transferee; (C) relations between any associated member and: (i) the protected-series manager: or (ii) any protected-series transferee; (D) the rights and duties of a protected-series manager; (E) governance decisions affecting the activities and affairs of the protected series and the conduct of those activities and affairs; and (F) procedures and conditions for becoming an associated member or protected-series transferee; (2) relations among the protected series, the company, and any other protected series of the company; (3) relations between: (A) the protected series, its protected-series manager, any associated member of the protected series, or any protected-series transferee of the protected series; and (B) a person in the person's capacity as: (i) a member of the company which is not an associated member of the protected series; (ii) a protected-series transferee or protected-series manager of another protected series; or (iii) a transferee of the company. (b) If the Uniform Limited Liability Company Act, § 4-38-101 et seq., restricts the power of an operating agreement to affect a matter, the restriction applies to a matter under this chapter in accordance with § 4-37-108 . (c) If law of this state other than this chapter imposes a prohibition, limitation, requirement, condition, obligation, liability, or other restriction on a limited liability company, a member, manager, or other agent of the company, or a transferee of the company, except as otherwise provided in law of this state other than this chapter, the restriction applies in accordance with § 4-37-108 . (d) Except as otherwise provided in § 4-37-107 , if the operating agreement of a series limited liability company does not provide for a matter described in subsection (a) in a manner permitted by this chapter, the matter is determined in accordance with the following rules: (1) To the extent this chapter addresses the matter, this chapter governs. (2) To the extent this chapter does not address the matter, the Uniform Limited Liability Company Act, § 4-38-101 et seq., governs the matter in accordance with § 4-37-108 . Amended by Act 2021, No. 1041,§ 7, eff. 7/28/2021. Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.

(a) Except as otherwise provided in this section and subject to § 4-37-107 and § 4-37-108 , the operating agreement of a series limited liability company governs: (1) the internal affairs of a protected series, including: (A) relations among any associated members of the protected series; (B) relations among the protected series and: (i) any associated member; (ii) the protected-series manager; or (iii) any protected-series transferee; (C) relations between any associated member and: (i) the protected-series manager: or (ii) any protected-series transferee; (D) the rights and duties of a protected-series manager; (E) governance decisions affecting the activities and affairs of the protected series and the conduct of those activities and affairs; and (F) procedures and conditions for becoming an associated member or protected-series transferee; (2) relations among the protected series, the company, and any other protected series of the company; (3) relations between: (A) the protected series, its protected-series manager, any associated member of the protected series, or any protected-series transferee of the protected series; and (B) a person in the person's capacity as: (i) a member of the company which is not an associated member of the protected series; (ii) a protected-series transferee or protected-series manager of another protected series; or (iii) a transferee of the company.

(1) the internal affairs of a protected series, including: (A) relations among any associated members of the protected series; (B) relations among the protected series and: (i) any associated member; (ii) the protected-series manager; or (iii) any protected-series transferee; (C) relations between any associated member and: (i) the protected-series manager: or (ii) any protected-series transferee; (D) the rights and duties of a protected-series manager; (E) governance decisions affecting the activities and affairs of the protected series and the conduct of those activities and affairs; and (F) procedures and conditions for becoming an associated member or protected-series transferee;

(A) relations among any associated members of the protected series;

(B) relations among the protected series and: (i) any associated member; (ii) the protected-series manager; or (iii) any protected-series transferee;

(i) any associated member;

(ii) the protected-series manager; or

(iii) any protected-series transferee;

(C) relations between any associated member and: (i) the protected-series manager: or (ii) any protected-series transferee;

(i) the protected-series manager: or

(ii) any protected-series transferee;

(D) the rights and duties of a protected-series manager;

(E) governance decisions affecting the activities and affairs of the protected series and the conduct of those activities and affairs; and

(F) procedures and conditions for becoming an associated member or protected-series transferee;

(2) relations among the protected series, the company, and any other protected series of the company;

(3) relations between: (A) the protected series, its protected-series manager, any associated member of the protected series, or any protected-series transferee of the protected series; and (B) a person in the person's capacity as: (i) a member of the company which is not an associated member of the protected series; (ii) a protected-series transferee or protected-series manager of another protected series; or (iii) a transferee of the company.

(A) the protected series, its protected-series manager, any associated member of the protected series, or any protected-series transferee of the protected series; and

(B) a person in the person's capacity as: (i) a member of the company which is not an associated member of the protected series; (ii) a protected-series transferee or protected-series manager of another protected series; or (iii) a transferee of the company.

(i) a member of the company which is not an associated member of the protected series;

(ii) a protected-series transferee or protected-series manager of another protected series; or

(iii) a transferee of the company.

(b) If the Uniform Limited Liability Company Act, § 4-38-101 et seq., restricts the power of an operating agreement to affect a matter, the restriction applies to a matter under this chapter in accordance with § 4-37-108 .

(c) If law of this state other than this chapter imposes a prohibition, limitation, requirement, condition, obligation, liability, or other restriction on a limited liability company, a member, manager, or other agent of the company, or a transferee of the company, except as otherwise provided in law of this state other than this chapter, the restriction applies in accordance with § 4-37-108 .

(d) Except as otherwise provided in § 4-37-107 , if the operating agreement of a series limited liability company does not provide for a matter described in subsection (a) in a manner permitted by this chapter, the matter is determined in accordance with the following rules: (1) To the extent this chapter addresses the matter, this chapter governs. (2) To the extent this chapter does not address the matter, the Uniform Limited Liability Company Act, § 4-38-101 et seq., governs the matter in accordance with § 4-37-108 .

(1) To the extent this chapter addresses the matter, this chapter governs.

(2) To the extent this chapter does not address the matter, the Uniform Limited Liability Company Act, § 4-38-101 et seq., governs the matter in accordance with § 4-37-108 .

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

Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 4-38-408 — AR Code / Title 4 / Chapter 38 / Subchapter 4 / Section 4-38-408
Reimbursement - Indemnification - Advancement - Insurance
Status: in_force

(a) A limited liability company shall reimburse a member of a member-managed company or the manager of a manager-managed company for any payment made by the member or manager in the course of the member's or manager's activities on behalf of the company, if the member or manager complied with § 4-38-405 , § 4-38-407 , and § 4-38-409 in making the payment. (b) A limited liability company shall indemnify and hold harmless a person with respect to any claim or demand against the person and any debt, obligation, or other liability incurred by the person by reason of the person's former or present capacity as a member or manager, if the claim, demand, debt, obligation, or other liability does not arise from the person's breach of § 4-38-405 , § 4-38-407 , or § 4-38-409 . (c) In the ordinary course of its activities and affairs, a limited liability company may advance reasonable expenses, including attorney's fees and costs, incurred by a person in connection with a claim or demand against the person by reason of the person's former or present capacity as a member or manager, if the person promises to repay the company if the person ultimately is determined not to be entitled to be indemnified under subsection (b). (d) A limited liability company may purchase and maintain insurance on behalf of a member or manager against liability asserted against or incurred by the member or manager in that capacity or arising from that status even if, under § 4-38-105(e)(7) , the operating agreement could not eliminate or limit the person's liability to the company for the conduct giving rise to the liability. Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.

(a) A limited liability company shall reimburse a member of a member-managed company or the manager of a manager-managed company for any payment made by the member or manager in the course of the member's or manager's activities on behalf of the company, if the member or manager complied with § 4-38-405 , § 4-38-407 , and § 4-38-409 in making the payment.

(b) A limited liability company shall indemnify and hold harmless a person with respect to any claim or demand against the person and any debt, obligation, or other liability incurred by the person by reason of the person's former or present capacity as a member or manager, if the claim, demand, debt, obligation, or other liability does not arise from the person's breach of § 4-38-405 , § 4-38-407 , or § 4-38-409 .

(c) In the ordinary course of its activities and affairs, a limited liability company may advance reasonable expenses, including attorney's fees and costs, incurred by a person in connection with a claim or demand against the person by reason of the person's former or present capacity as a member or manager, if the person promises to repay the company if the person ultimately is determined not to be entitled to be indemnified under subsection (b).

(d) A limited liability company may purchase and maintain insurance on behalf of a member or manager against liability asserted against or incurred by the member or manager in that capacity or arising from that status even if, under § 4-38-105(e)(7) , the operating agreement could not eliminate or limit the person's liability to the company for the conduct giving rise to the liability.

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.
Ark. Code Ann. § 4-99-407 — AR Code / Title 4 / Chapter 99 / Subchapter 4 / Section 4-99-407
Enforcement by Attorney General
Status: in_force

(a) Any violation by any person of the prohibitions set out in § 4-99-405 shall constitute an unfair or deceptive act or practice as defined by § 4-88-101 et seq. of the Deceptive Trade Practices Act. (b) All authority granted to the Attorney General and all remedies available to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be granted to and available to the Attorney General for the enforcement of this subchapter after the time period referred to in § 4-99-404(6) has been provided for affected persons to update their databases. Acts 1999, No. 1465, § 7.

(a) Any violation by any person of the prohibitions set out in § 4-99-405 shall constitute an unfair or deceptive act or practice as defined by § 4-88-101 et seq. of the Deceptive Trade Practices Act.

(b) All authority granted to the Attorney General and all remedies available to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be granted to and available to the Attorney General for the enforcement of this subchapter after the time period referred to in § 4-99-404(6) has been provided for affected persons to update their databases.

Acts 1999, No. 1465, § 7.
Ark. Code Ann. § 4-47-1112 — AR Code / Title 4 / Chapter 47 / Subchapter 11 / Section 4-47-1112
Power of general partners and persons dissociated as general partners to bind organization after conversion or merger
Status: in_force

(a) An act of a person that immediately before a conversion or merger became effective was a general partner in a converting or constituent limited partnership binds the converted or surviving organization after the conversion or merger becomes effective, if: (1) before the conversion or merger became effective, the act would have bound the converting or constituent limited partnership under § 4-47-402 ; and (2) at the time the third party enters into the transaction, the third party: (A) does not have notice of the conversion or merger; and (B) reasonably believes that the converted or surviving business is the converting or constituent limited partnership and that the person is a general partner in the converting or constituent limited partnership. (b) An act of a person that before a conversion or merger became effective was dissociated as a general partner from a converting or constituent limited partnership binds the converted or surviving organization after the conversion or merger becomes effective, if: (1) before the conversion or merger became effective, the act would have bound the converting or constituent limited partnership under § 4-47-402 if the person had been a general partner; and (2) at the time the third party enters into the transaction, less than two years have passed since the person dissociated as a general partner and the third party: (A) does not have notice of the dissociation; (B) does not have notice of the conversion or merger; and (C) reasonably believes that the converted or surviving organization is the converting or constituent limited partnership and that the person is a general partner in the converting or constituent limited partnership. (c) If a person having knowledge of the conversion or merger causes a converted or surviving organization to incur an obligation under subsection (a) or (b), the person is liable: (1) to the converted or surviving organization for any damage caused to the organization arising from the obligation; and (2) if another person is liable for the obligation, to that other person for any damage caused to that other person arising from the liability. Acts 2007, No. 15, § 1.

(a) An act of a person that immediately before a conversion or merger became effective was a general partner in a converting or constituent limited partnership binds the converted or surviving organization after the conversion or merger becomes effective, if: (1) before the conversion or merger became effective, the act would have bound the converting or constituent limited partnership under § 4-47-402 ; and (2) at the time the third party enters into the transaction, the third party: (A) does not have notice of the conversion or merger; and (B) reasonably believes that the converted or surviving business is the converting or constituent limited partnership and that the person is a general partner in the converting or constituent limited partnership.

(1) before the conversion or merger became effective, the act would have bound the converting or constituent limited partnership under § 4-47-402 ; and

(2) at the time the third party enters into the transaction, the third party: (A) does not have notice of the conversion or merger; and (B) reasonably believes that the converted or surviving business is the converting or constituent limited partnership and that the person is a general partner in the converting or constituent limited partnership.

(A) does not have notice of the conversion or merger; and

(B) reasonably believes that the converted or surviving business is the converting or constituent limited partnership and that the person is a general partner in the converting or constituent limited partnership.

(b) An act of a person that before a conversion or merger became effective was dissociated as a general partner from a converting or constituent limited partnership binds the converted or surviving organization after the conversion or merger becomes effective, if: (1) before the conversion or merger became effective, the act would have bound the converting or constituent limited partnership under § 4-47-402 if the person had been a general partner; and (2) at the time the third party enters into the transaction, less than two years have passed since the person dissociated as a general partner and the third party: (A) does not have notice of the dissociation; (B) does not have notice of the conversion or merger; and (C) reasonably believes that the converted or surviving organization is the converting or constituent limited partnership and that the person is a general partner in the converting or constituent limited partnership.

(1) before the conversion or merger became effective, the act would have bound the converting or constituent limited partnership under § 4-47-402 if the person had been a general partner; and

(2) at the time the third party enters into the transaction, less than two years have passed since the person dissociated as a general partner and the third party: (A) does not have notice of the dissociation; (B) does not have notice of the conversion or merger; and (C) reasonably believes that the converted or surviving organization is the converting or constituent limited partnership and that the person is a general partner in the converting or constituent limited partnership.

(A) does not have notice of the dissociation;

(B) does not have notice of the conversion or merger; and

(C) reasonably believes that the converted or surviving organization is the converting or constituent limited partnership and that the person is a general partner in the converting or constituent limited partnership.

(c) If a person having knowledge of the conversion or merger causes a converted or surviving organization to incur an obligation under subsection (a) or (b), the person is liable: (1) to the converted or surviving organization for any damage caused to the organization arising from the obligation; and (2) if another person is liable for the obligation, to that other person for any damage caused to that other person arising from the liability.

(1) to the converted or surviving organization for any damage caused to the organization arising from the obligation; and

(2) if another person is liable for the obligation, to that other person for any damage caused to that other person arising from the liability.

Acts 2007, No. 15, § 1.
Ark. Code Ann. § 4-34-107 — AR Code / Title 4 / Chapter 34 / Section 4-34-107
Property taxes
Status: in_force

Nothing in this chapter shall be construed to affect the corporation's obligation to pay property taxes. Acts 1999, No. 880, § 7.

Nothing in this chapter shall be construed to affect the corporation's obligation to pay property taxes.

Acts 1999, No. 880, § 7.
Ark. Code Ann. § 4-27-1102 — AR Code / Title 4 / Chapter 27 / Subchapter 11 / Section 4-27-1102
Conversion
Status: in_force

(a) An organization other than a corporation may convert to a corporation, and a corporation may convert to another organization under this section and §§ 4-27-1103 - 4-27-1105 and a plan of conversion, if the: (1) Other organization's governing statute authorizes the conversion and is complied with; and (2) Conversion is not prohibited by the law of the jurisdiction that enacted the governing statute. (b) A plan of conversion must be in a record and must include the: (1) Name and form of the organization before conversion; (2) Name and form of the organization after conversion; (3) Terms and conditions of the conversion, including the manner and basis for converting interests in the converting organization into any combination of money, interests in the converted organization, and other consideration; and (4) Organizational documents of the converted organization. 2009, No. 408, § 2.

(a) An organization other than a corporation may convert to a corporation, and a corporation may convert to another organization under this section and §§ 4-27-1103 - 4-27-1105 and a plan of conversion, if the: (1) Other organization's governing statute authorizes the conversion and is complied with; and (2) Conversion is not prohibited by the law of the jurisdiction that enacted the governing statute.

(1) Other organization's governing statute authorizes the conversion and is complied with; and

(2) Conversion is not prohibited by the law of the jurisdiction that enacted the governing statute.

(b) A plan of conversion must be in a record and must include the: (1) Name and form of the organization before conversion; (2) Name and form of the organization after conversion; (3) Terms and conditions of the conversion, including the manner and basis for converting interests in the converting organization into any combination of money, interests in the converted organization, and other consideration; and (4) Organizational documents of the converted organization.

(1) Name and form of the organization before conversion;

(2) Name and form of the organization after conversion;

(3) Terms and conditions of the conversion, including the manner and basis for converting interests in the converting organization into any combination of money, interests in the converted organization, and other consideration; and

(4) Organizational documents of the converted organization.

2009, No. 408, § 2.
Ark. Code Ann. § 4-112-113 — AR Code / Title 4 / Chapter 112 / Section 4-112-113
Enforcement - Penalties - Remedies
Status: in_force

(a) A violation of this chapter constitutes an unfair act or practice or a deceptive act or practice under § 4-88-101 et seq. pertaining to deceptive trade practices. (b) (1) All remedies, penalties, and authority granted to the Attorney General under § 4-88-101 et seq. shall be available to the Attorney General for enforcement of this chapter. (2) The remedies and penalties provided by this section are cumulative to each other and the remedies or penalties available under all other laws of this state. Acts 2007, No. 391, § 1; 2009, No. 223, § 1.

(a) A violation of this chapter constitutes an unfair act or practice or a deceptive act or practice under § 4-88-101 et seq. pertaining to deceptive trade practices.

(b) (1) All remedies, penalties, and authority granted to the Attorney General under § 4-88-101 et seq. shall be available to the Attorney General for enforcement of this chapter. (2) The remedies and penalties provided by this section are cumulative to each other and the remedies or penalties available under all other laws of this state.

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

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

Acts 2007, No. 391, § 1; 2009, No. 223, § 1.